11 Amendments of Cornelia ERNST related to 2019/0002(COD)
Amendment 53 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the Commission proposal;
Amendment 55 #
Proposal for a regulation
Recital 5
Recital 5
(5) For efficiency reasons and in order to decrease costs, ETIAS should, as provided for in Article 6(3) of Regulation (EU) 2018/1240, re-use hardware and software components developed for the Entry/Exit System (‘EES’) for the development of the shared identity repository. This repository used for the storage of the identity alphanumeric data of both ETIAS applicants and third-country nationals registered in the EES, should be developed in a way enabling its extension to become the future Common Identity Repository. In the same spirit, the tool to be established to enable ETIAS to compare its data with the ones of every other system consulted through a single query should be developed in a way enabling its evolution to become the future European Search Portal.
Amendment 61 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EU) 2018/1240
Article 3(1)(23)
Article 3(1)(23)
(23) ‘other EU information systems’ means the Entry/Exit System (‘EES’), the Visa Information System (‘VIS’), and the Schengen Information System (‘SIS’) and the European Criminal Record Information System – Third Country Nationals (‘ECRIS-TCN’).;
Amendment 72 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11 – paragraph 9
Article 11 – paragraph 9
9. A hit shall be triggered where all or some of the data from the ETIAS application file used for the query correspond fully or partially to the data present in a record, alert or file of the other EU information systems consulted. In order to avoid false hits, all authorities that insert data shall ensure their high quality and accuracy. The Commission shall, by means of an implementingdelegated act, define partial correspondence, including a degree of probability.
Amendment 76 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Regulation (EU) 2018/1244
Article 11 – paragraph 10
Article 11 – paragraph 10
10. For the purpose of paragraph 1, the Commission, shall, by means of an implementingdelegated act, define the technical modalities for the implementation of Article 24(6)(c)(ii) and Article 54(1)(b) related to data retention observing the principle of data minimisation and the existing time limits.
Amendment 79 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11 – paragraph 11
Article 11 – paragraph 11
For the purpose of Article 25(2), Article 28(8) and Article 29(9) when registering the data related to hits into the ETIAS application file, the origin of the data shall be indicated. This shall include the type of the alert, except for alerts referred to in Article 23(1), the source of the data (which other EU information systems or Europol data), the unique identification number used in the source of the data having triggered the hit and the Member State that entered or supplied the data having triggered the hit and, where available, the date and time when the data was entered in the other EU information systems or Europol data. When a hit leads to a negative decision, and without prejudice to any limitations existing in the EU information system that has triggered the hit, the applicant shall be informed of the system which generated the hit for the purposes of ensuring the applicant's right to an effective remedy.
Amendment 83 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EU) 2018/1240
Article 11a
Article 11a
For the purpose of Articles 6, 14 and 17 of Regulation (EU) 2017/2226, an automated process, using the secure communication infrastructure of Article 6(2)(d) of this Regulation, shall query and import from the ETIAS Central System, the information referred to in points (a) to (c) of Article 47(2) of this Regulation, as well as the application number and the end of validity period of an ETIAS travel authorisation, and update the entry/exit record in the EES accordingly.;
Amendment 85 #
Proposal for a regulation
Article 1 – paragraph 6
Article 1 – paragraph 6
Regulation (EU) 2018/1240
Article 12 – paragraph 2 (new)
Article 12 – paragraph 2 (new)
2. For the purpose of paragraph 1, a cooperation agreement is to be agreed upon between the European Union and INTERPOL. This cooperation agreement shall provide for the modalities for the exchange of information and safeguards for the protection of personal data. This cooperation agreement shall, among others and in any case, ensure that all relevant logs will be kept, that no information shall be revealed to the owner of the data of the Interpol alert and that, in any case, no onward transfers of data shall take place.;
Amendment 90 #
Proposal for a regulation
Article 1 – paragraph 7
Article 1 – paragraph 7
Regulation (EU) 2018/1240
Article 20 – paragraph 2 – point n
Article 20 – paragraph 2 – point n
(n) whether the applicant corresponds to a person whose data is recorded in the ECRIS-TCN for terrorists offences and other serious criminal offences;convicted for a criminal offence listed in the Annex to this Regulation, if that offence is punishable under national law by a custodial sentence or a detention order of a maximum period of at least three years, over the previous ten years and, in the case of terrorist offences, over the previous 20 years.
Amendment 127 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
Regulation (EU) 2017/2226
Article 25a – paragraph 1
Article 25a – paragraph 1
Amendment 132 #
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
Regulation (EU) 2018/1861
Article 36a – paragraph 1
Article 36a – paragraph 1