Activities of Marie-Christine VERGIAT related to 2016/0106(COD)
Plenary speeches (2)
Establishing an Entry/Exit System (EES) to register entry and exit data of third country nationals crossing the EU external borders - Amendment of the Schengen Borders Code as regards the use of the Entry/Exit System (debate) FR
Establishing an Entry/Exit System (EES) to register entry and exit data of third country nationals crossing the EU external borders - Amendment of the Schengen Borders Code as regards the use of the Entry/Exit System (debate) FR
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes and amending Regulation (EC) No 767/2008 and Regulation (EU) No 1077/2011 PDF (1 MB) DOC (189 KB)
Amendments (170)
Amendment 143 #
Draft legislative resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to the Charter of Fundamental Rights of the European Union of 7 December 2000 (‘the Charter’),
Amendment 144 #
Draft legislative resolution
Citation 1 b (new)
Citation 1 b (new)
– having regard to the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948,
Amendment 145 #
Draft legislative resolution
Citation 1 c (new)
Citation 1 c (new)
– having regard to the 1951 UN Convention on the Status of Refugees (Geneva Convention) and its Protocol of 31 January 1967,
Amendment 146 #
Draft legislative resolution
Citation 2
Citation 2
– having regard to Article 294(2) and Articles 77(2)(b) and (d), Article 87(2)(a) and 88(22)(a) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8- 0135/2016),
Amendment 149 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts itsRejects the position at first reading hereinafter set out;
Amendment 152 #
Draft legislative resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to submit a new proposal which accords more fully with the initial aims of its communication of 18 February 2008 as regards facilitating the crossing of borders, whereas the present proposal seems to be concerned essentially with illegal crossing of borders and periods of stay within the territory which have exceeded the period initially intended, without taking account of the development of the international situation in terms of the need to receive refugees and the difficulties which the latter face in reaching the territory of the European Union under regular conditions; calls for the new proposal to take full account of respect, in particular, for the 1951 Geneva Convention;
Amendment 155 #
Proposal for a regulation
Citation 2 a (new)
Citation 2 a (new)
– having regard to the opinion of the European Data Protection Supervisor on the second set of ‘Smart Borders’ measures of the European Union (Opinion 06/2016),
Amendment 156 #
Proposal for a regulation
Citation 2 b (new)
Citation 2 b (new)
– having regard to the inquiry by the EU Fundamental Rights Agency in the context of the pilot project of the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA) on ‘smart borders’,
Amendment 157 #
Proposal for a regulation
Citation 2 c (new)
Citation 2 c (new)
– having regard to the letter from the Article 29 working group on the protection of personal data of 29 September 2016 and its Appendix (Ref. Ares (2016) 5658561),
Amendment 159 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Communication of the Commission of 13 February 2008 entitled 'preparing the next steps in border management in the European Union'20 outlined the need, as part of the European integrated border management strategy, to establish an Entry/Exit System (EES) which registers electronically the time and place of entry and exit of third country nationals admitted for a short stay to the Schengen area and which calculates the duration of their authorised stay. _________________ 20recalled that ‘The external borders of the EU are crossed every year by more than 300 million travellers, EU citizens and third country nationals combined’ and that ‘In order to share its values and support economic growth, the EU must remain open and accessible to others’. _________________ 20 COM(2008) 69 final. COM(2008) 69.
Amendment 162 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Communication of the Commission of 13 May 2015 entitled “A European agenda on migration” noted that "a new phase would come with the “Smart Borders” initiative to increase the efficiency of border crossings, facilitating crossings for the large majority of ‘bona fide’[...] third country travellers, whilst at the same time strengthening the fight against irregular migration by creating a record of all cross-border movements by third country nationals, fully respecting proportionality" [...], fully respecting proportionality", to which must be added border crossings out of necessity and with a specific purpose, as well as compliance with international law, particularly on asylum.
Amendment 179 #
Proposal for a regulation
Recital 8
Recital 8
(8) The EES should apply to all third country nationals admitted for a short stay to the Schengen area. It should also apply to third country nationals whose entry for a short stay has been refu, whatever their situation, with strict respect for human rights and international law and in accordance with the principles of necessity, proportionality and specific purposed.
Amendment 186 #
Proposal for a regulation
Recital 9
Recital 9
(9) The EES should have the objective of improving the management of external borders, preventing irregular immigration and facilitating the management of migration flows. The EES shcould, in particular and when relevant, contribute to the identification of any person who does not or no longer fulfils the conditions of duration of stay within the territory of the Member States, taking account of full respect for fundamental rights, particularly the right of family reunification, and the development of the situation of the persons concerned since their arrival within the territory of the Union, irrespective of the motivations and conditions of their arrival in the territory of the Union.
Amendment 191 #
Proposal for a regulation
Recital 10
Recital 10
(10) To meet those objectives, the EES should process alphanumeric data and biometric data (fingerprints and facial image). The use of biometrics, despite its impact on the privacy of travellers, is justified for two reasons. Firstly, biometrics are a reliable method to identify third country nationals within the territory of the Member States not in possession of travel documents or any other means of identification, a common modus operandi of irregular migrants. Secondly, biometrics provide for the more reliable matching of entry and exit data of legal travellers. Where. In view of its impact on the privacy of travellers, the use of biometrics shall be permitted only on an exceptional basis and for clearly determined purposes, taking account of the precise aims that the using authorities seek to attain. When data are used to identify third country nationals within the territory of the Member States not in possession of travel documents or any other means of identification, that use should take account of the situation of the persons concerned with regard to their country of origin and should not under any circumstances be able to prevent the implementation of the 1951 Geneva Convention. The alleged reliability of biometrics, irrespective of the situation of travellers, cannot be adduced without taking into account the consequences of the use of this resource in relation to the rights of the persons concerned. As for the use of facial images are used in combination with fingerprint data, it allows for the reduction of fingerprints registered while enabling the same result in terms of accuracy of the identification.should be considered only with the aim of permitting a substantial reduction in the number of fingerprints registered, taking into account the risks associated with these multiple collections of data with reference to the fundamental rights of the persons concerned;
Amendment 195 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) As a result of the adoption of Regulation (EU) 2016/679 of the European Parliament and of the Council1a and Directive (EU) 2016/680 of the European Parliament and of the Council1b , all types of biometric data will, from May 2018, be treated as a special category of personal data and consequently such data should be used only in situations which are exceptional and clearly defined by legislation, taking account of the principles of necessity, proportionality, specific purpose and respect for individual rights; _________________ 1aRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 1b Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
Amendment 196 #
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) Biometric data are already being used for border control, visa policy and asylum procedures, and are therefore already stored in databases such as EURODAC, VIS, etc. The introduction of any new system for gathering, processing and storing biometric data in connection with the EES therefore necessitates a detailed assessment of existing systems and a convincing analysis of the need to add extra tools for data gathering, including by adding further biometric identifiers. At all events, any interconnection between different types of files must not jeopardise the fundamental rights of the persons concerned, with particular reference to the right of entry to territory for persons exempt from visa requirements, and should include the period of storage of data specific to each of the data-gathering systems installed in order to take into account the principles of specific purpose and necessity proper to each system;
Amendment 197 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 203 #
Proposal for a regulation
Recital 12
Recital 12
(12) The EES should consist of a Central System, which will operate a computervarious data-gathering systems have been established central database of biometric and alphanumeric data, a National Uniform Interface in each Member State, a Securon different legal bases, taking into account different objectives in accordance with the principles of necessity, specific purpose and proportionality. Creating a single Ccommunication Channel between the EES Central System and the VIS Central System and the Communication Infrastructure betweon system and establishing ‘interconnectivity’ between different systems with different purposes, with access by different authorities with different the Central System and the National Uniform Interfaces. Each Member State should connect its national border infrastructures to the National Uniform Interface.echnical and geographical powers, would be contrary to the requirement of ‘limitation of purpose’ laid down, in particular, by Article 7 of the Charter of Fundamental Rights of the European Union, and to the aim of ‘data minimisation’;
Amendment 207 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 217 #
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation should strictly define the authorities of the Member States which may be authorised to have access to the EES to enter, amend, delete or consult data for the specific purposes of the EES and to the extent necessary for the performance of their tasks. . That access should take into account the remits of the authorities concerned, and their access should be strictly limited in accordance with those remits and what is necessary for the performance of their tasks, in order to take into account the principles of necessity and specific purpose.
Amendment 219 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) This regulation should define an independent supervisory authority which will be responsible for monitoring all requests for access to EES information made by any authority which has access to the system, particularly the central access points and the operational units of the authorities designated by Member States;
Amendment 220 #
Proposal for a regulation
Recital 15
Recital 15
(15) Any processing of EES data should be proportionate to the objectives pursued and necessary for the performance of tasks of the competent authorities. When using the EES, the competent authorities should ensure that the human dignity and integrity of the person, whose data are requested, are respected and and should always respect Articles 7 and 8 of the Charter of Fundamental Rights of the European Union and Article 8 of the Universal Declaration of Human Rights. When using the EES, the competent authorities should guarantee respect for fundamental rights in general and, in particular, the right to private life, the right to protection of personal data, as well as the right of asylum, the right to family life and family reunification and the right to health, human dignity and integrity of the person, and should protect vulnerable persons, especially unaccompanied minors. They should take into account any changes in the situation of the persons concerned. Moreover, they should not discriminate against persons on grounds of sex, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. They should not breach the right of the persons concerned to contest the infringement of their rights before the courts which have jurisdiction.
Amendment 226 #
Proposal for a regulation
Recital 16
Recital 16
(16) In the fight against terrorist offences and other serious criminal offences, it is imperative that law enforcement authorities haveWhile the law enforcement authorities ought to have a right of access to the most up- to-date information if they arto be able to perform their tasks. Access to VIS data for law enforcement purpose has already proven its usefulness in identifying people who died violently or for helping investigators to make substantial progress in cases related to human being trafficking, terrorism or drug trafficking. Access to the information contained in the EES is necessary to prevent, detect and investigate terrorist offences as referred to in Council Framework Decision 2002/475/JHA23 or other serious criminal offence in the fight against terrorist offences and other serious criminal offences, it is necessary that such access should be strictly necessary and proportionate to those tasks. As access to VIS data for law enforcement purposes has already been arranged, access to the information contained in the EES does not seem necessary until such time as a relevant development of needs has referred to in Council Framework Decision 2002/584/JHA24been effected. The data generated by the EEVIS may be used as an identity verification tool both in cases where the third country national has destroyed his/her documents and where law enforcement authorities are investigating a crime through the use of fingerprints or facial image and wish to establish an identity. It may also be used as a criminal intelligence tool to construct evidence by trackconcerning the travel routes of a person suspected of having committed a crime or a victim of crime. Therefore, the data in the EES should be available, to. Therefore, the designated authorities of the Member States and the European Police Office ('Europol'), subject to the conditions set out in this Regulation. _________________ 23Council Framework Decision 2002/475/JHA of 13 June 2002 on combatt which already have access to the data in the VIS should be able to access the EES only ing terrorism (OJ L 164, 22.6.2002 p. 6). 24Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrahe context of specific requests based on reasonable grounds, in order to take into and the surrender procedures between Member State (OJ L 190, 18.7.2002, p. 1)ccount the principles of necessity, proportionality and specific purpose.
Amendment 232 #
Proposal for a regulation
Recital 17
Recital 17
(17) Moreover, Europol plays a key role with respect to cooperation between Member States’ authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. ConsequentlyHowever, in accordance with the principles of necessity, proportionality and specific purpose, Europol should also have access to the EES within the framework of its tasks and in accordance with Council Decision 2009/371/JHA25. _________________ 25Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37) only as a result of an explicit, substantiated request.
Amendment 242 #
Proposal for a regulation
Recital 19
Recital 19
(19) Comparisons of data on the basis of a latent fingerprint, which is the dactyloscopic trace which may be found at a crime scene, is fundamental in the field of police cooperation. The possibility to compare a latent fingerprint with the fingerprint data which is stored in the EES in cases where there are reasonable grounds for believing that the perpetrator or victim may be registered in the EES shcould provide the law enforcement authorities of the Member States with a very valuable tool infor preventing, detecting or investigating terrorist offences or other serious criminal offences, when for example the only evidence at a crime scene are latent fingerprint. It ought to be possible for these comparisons to be authorised only on the basis of an explicit request, under the same conditions as in the case of the other law enforcement authorities.
Amendment 253 #
Proposal for a regulation
Recital 23
Recital 23
(23) In addition, access to the EES for identification of unknown suspects, or perpetrators or victims of terrorist offences or other serious criminal offences should be allowed only on the condition that searches with the national fingerprint databases of the Member State and with the automated fingerprinting identification systems of all other Member States under Council Decision 2008/615/JHA26 did not lead to the establishment of the identity of the data subject. Furthermore, access to the EES to consult the entry/exit records of a known person should be duly justified. _________________ 26 Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1).
Amendment 259 #
Proposal for a regulation
Recital 25
Recital 25
(25) The personal data stored in the EES should be kept for no longer than is necessary for the purposes of the EES. It is appropriate to keep the data related to third country nationals for a period of five years for border management purposes in order to avoid the need for third country nationals to re-enrol in the EES beforeshould not be possible for this period of storage to come into conflict with thate period has lapsed. For third country nationals who are family members of a Union citizen to whom Directive 2004/38/EC27 applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC, it is appropriate to store each coupled entry/ exit reccord for a maximum period of one year after the last exit. _________________ 27Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Unis of storage of data of each data gathering tool. Concern to facilitate border crossing should not result in excessively long storage periods, having regard for the rights of persons and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77) various aims of the EES.
Amendment 266 #
Proposal for a regulation
Recital 26
Recital 26
(26) A five year181-day data retention period is necessary to allow the border guard performing the necessary risk analysis requested by the Schengen Borders Code before authorising a traveller entering the Schengen area. The processing of visa application in consular posts requires also analysing the travel history of the applicant to assess the use of previous visas and the respect of the conditions of stay. The abandoning of passport stamping will be compensated by a consultation of the EES. The travel history available in the system should therefore cover a period of time which is sufficient for the purpose of visa issuance. The five year data retention period will reduce theabandoning of passport stamping will be compensated by a consultation of the EES. The 181-day data retention period should be sufficient to reduce the frequency of re- enrolment frequency and willand should be beneficial for all travellers as the average border crossing time will decrease as will do the waiting time at border crossing points. Even for a traveller entering only once in the Schengen area, the fact that other travellers being already registered in the EES will not have to re-enrol will reduce, particularly frequent travellers, as the average border crossing time could ultimately decrease, as could the waiting time at border crossing points. This data retention period will also be necessary tcould also allow for facilitation for the border crossing by using process accelerators and self-service systems. Such facilitation is dependent of the data registered in the system. A shorter data retention period would have a negative impact on the duration of border controls. A shorter data retention period would also reduce the group of travellers that can benefit of such facilitation and thereby undermine the stated objective of EES to facilitate border crossing, provided that they remain voluntary.
Amendment 273 #
Proposal for a regulation
Recital 27
Recital 27
(27) The same retention period of five year181 days would be necessary for data on persons who have not exited the territory of the Member States within the authorised period of stay in order to support the identification and return process and for persons whose entry for a short stay or on the basis of a touring visa has been refused. The data should be deleted after the period of five year181 days, unless there are grounds to delete it earlierstore the data for an explicitly determined longer period. Earlier deletion could also be provided for, particularly in the event of a change in the situation of the person concerned.
Amendment 290 #
Proposal for a regulation
Recital 32
Recital 32
(32) Personal data obtained by Member States pursuant to this Regulation should not be transferred or made available to a third country, an international organisation or any private party established in or outside the Union except if necessary in individual cases in order to assist the identification of a third country national in relation to his/her return and subject to strict conditions, including and particularly for measures to identify third country nationals where their lives or integrity might be at risk in the event of their return.
Amendment 294 #
Proposal for a regulation
Recital 37
Recital 37
(37) The proposal establishes strict access rules to the EES system and the necessary safeguards. It also sets out in the light of the principles on the protection of persons and the principle of respect for fundamental rights as defined by European and international law. It sets out, in particular, the individuals' rights of access, correction, deletion and redress, in particular the right to a judicial remedy and the supervision of processing operations by public independent authorities. This Regulation therefore respects the fundamental rights and observes the principles recognised by the Universal Declaration of Human Rights, the 1951 Geneva Convention and the Charter of Fundamental Rights of the European Union, in particular the right to dignity (Article 1 of the Charter); the prohibition of slavery and forced labour (Article 5 of the Charter); the right to liberty and security (Article 6 of the Charter), respect for private and family life (Article 7the right of asylum (Article 18 of the Charter), respect for private and family life (Article 7 of the Charter), the right to family reunification, the right to health (Article 35 of the Charter), the protection of personal data (Article 8 of the Charter), the right to non-discrimination (Article 21 of the Charter), the rights of the child (Article 24 of the Charter), the rights of elderly (Article 25 of the Charter), the rights of persons with disabilities (article 26 of the Charter) and the right to an effective remedy (Article 47 of the Charter).
Amendment 295 #
Proposal for a regulation
Recital 38
Recital 38
(38) The effective monitoring of the application of this Regulation requires evaluation at regular intervals. T, at both European and national level. The Union and the Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implementedbefore the EES is implemented. The Union and the Member States should ensure that this system is implemented under the supervision of eu- LISA, the European Data Protection Supervisor and national data protection authorities. In order to perform the tasks entrusted to them, these authorities should have the necessary means and resources. The European Parliament should be regularly informed about these evaluations.
Amendment 310 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes an 'Entry/Exit System' (EES) forwhose primary aim is the recording and storage of information on the date, time and place of entry and exit of third country nationals crossing the external borders of the Member States, for the calculation of and the duration of their stay, and for the generation of alerts to Member States when authorised periods for stay have expired as well as for the recording of the date, time and place of refusal of entry of third country nationals whose entry for a short stay or on the basis of a touring visa has been refused as well as the authority of the Member State which refused the entry and the reasons for the refusal.
Amendment 314 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation also lays down in its Chapter IV the conditions under which Member States’ designated law enforcement authorities and the European Police Office (Europol) may obtain access for consultation of the EES for the purposes of the prevention, detection and investigation of terrorist offences or of other serious criminal offencessecondary, exceptional objective of the EES, namely the prevention, detection and investigation of terrorist offences or of other serious criminal offences, creating the conditions under which Member States’ designated law enforcement authorities and the European Police Office (Europol) may obtain access to the EES for consultation.
Amendment 316 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to third country nationals admitted for a short stay or on the basis of a touring visa in the territory of the Member States subject to border checks in accordance with Regulation (EU) 2016/399 when crossing the external borders of the Member States. When entering and exiting the territory of the Member States, it applies to third country nationals who are family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC.
Amendment 319 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation also applies to third country nationals whose entry for a short stay or on the basis of a touring visa to the territories of the Member States is refused in accordance with Article 14 of Regulation (EU) 2016/399.
Amendment 321 #
Proposal for a regulation
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
Amendment 323 #
Proposal for a regulation
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 326 #
Proposal for a regulation
Article 2 – paragraph 3 – point b a (new)
Article 2 – paragraph 3 – point b a (new)
(ba) minors under 16 years of age;
Amendment 333 #
Proposal for a regulation
Article 2 – paragraph 3 – point d a (new)
Article 2 – paragraph 3 – point d a (new)
(da) persons seeking international protection;
Amendment 339 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
Amendment 344 #
Proposal for a regulation
Article 3 – paragraph 1 – point 21
Article 3 – paragraph 1 – point 21
(21) 'independent supervisory authority' means the supervisory authorities established in accordance with Article 28 of Directive 95/46/EC;
Amendment 360 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) enhance first and foremost the efficiency of border checks by calculating and monitoring the duration of the authorised stay at entry and exit of third country nationals admitted for a short stay {or on the basis of a touring visa};
Amendment 367 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) free up border control resources from performing checks that can be automated and enable better focus on the assessment of thirdorder control personnel to better focus on effective border country nationalsol;
Amendment 369 #
Proposal for a regulation
Article 5 – paragraph 1 – point h
Article 5 – paragraph 1 – point h
(h) gather statistics on the entries and exits, refusals of entry and overstays of third country nationals to improve the assessment of the risk of overstays and to support evidence- based Union migration policy making;
Amendment 372 #
Proposal for a regulation
Article 5 – paragraph 1 – point j
Article 5 – paragraph 1 – point j
Amendment 374 #
Proposal for a regulation
Article 5 – paragraph 1 – point j
Article 5 – paragraph 1 – point j
(j) contribute, on a secondary and exceptional basis, to the prevention, detection and investigation of terrorist offences or of other serious criminal offences;
Amendment 375 #
Proposal for a regulation
Article 5 – paragraph 1 – point k
Article 5 – paragraph 1 – point k
Amendment 376 #
Proposal for a regulation
Article 5 – paragraph 1 – point k
Article 5 – paragraph 1 – point k
(k) enable, on a secondary and exceptional basis, the identifying and apprehending of terrorist, criminal suspects as well as of victims crossing the external borders;
Amendment 379 #
Proposal for a regulation
Article 5 – paragraph 1 – point l
Article 5 – paragraph 1 – point l
Amendment 381 #
Proposal for a regulation
Article 5 – paragraph 1 – point l
Article 5 – paragraph 1 – point l
(l) enable, on a secondary and exceptional basis, generating information on travel histories of terrorist, criminal suspects as well as of victims for investigations related to terrorism or serious crime.
Amendment 388 #
Proposal for a regulation
Article 7
Article 7
Amendment 394 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Each competent authority shall ensure that in using the EES, it does not discriminate against third country nationals on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation and that it fully respects human dignity and the integrity of the person. Particular attention shall be paid to the specific situation of children, and unaccompanied minors in particular, women, the elderly and persons with a disability. In particular, when retaining a child's data, the best interest of the child shall be a primary consideration. Specific files for minors under 16 years of age cannot be established therefore, aside from specific registration in the file of the parent or parents travelling with the minor.
Amendment 398 #
Proposal for a regulation
Article 10
Article 10
Automated calculator and obligation to inform third country nationals on the 1. automated calculator that indicates the maximum authorised duration of stay rticle 10 deleted remaining accordance with Article 6(1) of Regulation (EU) 2016/399 for third country nationals registered in the EES admitted for a short stay {or on the basis of a touring visa}. The calculator shall not apply to third country nationals who are family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC. 2. (a) of the authorised length of stay on entry and whether the number of authorised entries of the single or double entry visas have been previously used; (b) upon exit who have overstayed. 3. inform the third country national of the maximum number of days of authorised stay which shall take into account the number of entries and the length of stay authorised by the visa {or the touring visa}, in accordance with Article 8(9) of Regulation (EU) 2016/399. 4. not yet fully applying the Schengen acquis in accordance with their respective Acts of Accession shall not be taken into account in the calculation of the duration of the authorised stay in the Schengen area. Those Member States shall register the stays of third country nationals in the EES. The automated calculator in the system shall not however compute stays in Member States which are not yet fully applying the Schengen acquis as part of the authorised length of stay.uthorised stay The EES shall include an The automated calculator shall: inform the competent authorities identify third country nationals The border authorities shall Stays in Member States which are
Amendment 399 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The EES shall include an automated calculator that indicates the maximum authorised duration of stay in accordance with Article 6(1) of Regulation (EU) 2016/399 for third country nationals registered in the EES admitted for a short stay {or on the basis of a touring visa}.
Amendment 402 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Amendment 407 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) identify third country nationals upon exit who have overstayed.
Amendment 408 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The border authorities shall inform the third country national of the maximum number of days of authorised stay which shall take into account the number of entries and the length of stay authorised by the visa {or the touring visa}, in accordance with Article 8(9) of Regulation (EU) 2016/399.
Amendment 412 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Stays in Member States which are not yet fully applying the Schengen acquis in accordance with their respective Acts of Accession shall not be taken into account in the calculation of the duration of the authorised stay in the Schengen area. Those Member States shall register the stays of third country nationals in the EES. The automated calculator in the system shall not however compute stays in Member States which are not yet fully applying the Schengen acquis as part of the authorised length of stay.
Amendment 414 #
Proposal for a regulation
Article 11
Article 11
Amendment 415 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The EES shall include a mechanism that shall automatically identify which entry/exit records do not have exit data immediately following the date of expiry of the authorised length of stay and identify records for which the maximum stay allowance has been exceeded.
Amendment 417 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. A list generated by the system containing the data referred to in Article 14 and 15 of all identified overstayers shall be available to the designated competent national authoritiesThe competent national authorities may request information on the data referred to in Article 14.
Amendment 422 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. In order to enable third country nationals to verify at any moment the remaining authorised length of stay, a secure internet access to a web service hosted by eu-LISA in its two technical sites shall allow those third country nationals to provide the data required pursuant to Article 14(1)(b) together with the anticipated entry and exit dates. On that basis, the web service shall provide them with an OK/NOT OK answer. The web service shall use a separate read-only database updated on a daily basis via a one-way extraction of the minimum necessary subset of EES data.
Amendment 424 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 428 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Carriers may use the secure internet access to the web service referred to in paragraph 1 to verify whether or not third country nationals holding a single or double entry visa have already used the visa. The carrier shall provide the data listed in Article 14(1)(d). The web service shall on that basis provide the carriers with an OK/NOT OK answer. Carriers may store the information sent and the answer received.
Amendment 431 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. eu-LISA is responsible for the security of the web service, and the security of personal data in particular, as well as for the procedure by which data are transmitted to the web service’s central system.
Amendment 433 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where a previous individual file has been created, the border authority shall, if necessary, update the individual file data, enter an entry/exit record for each entry and exit in accordance with Articles 14 and 15 or, where applicable, a refusal of entry record in accordance with Article 16. That record shall be linked to the individual file of the third country national concerned. Where applicable, the data referred to in Article 17(1) shall be added to the individual file and the data referred to in Article 17(3) and (4) shall be added to the entry/exit record of the third country national concerned. The different travel documents and identities used legitimately by a third country national shall be added to the third country national's individual file. Where a previous file has been registered and the third country national presents a travel document which differs from the one which was previously registered, the data refered under Article 14(1)(f) shall also be updated if the facial image reccorded in the chip of the new travel document can be extracted electronically.
Amendment 436 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 440 #
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
Amendment 443 #
Proposal for a regulation
Article 14 – paragraph 1 – point f
Article 14 – paragraph 1 – point f
Amendment 446 #
Proposal for a regulation
Article 14 – paragraph 1 – point g
Article 14 – paragraph 1 – point g
(g) the visa sticker number of the touring visa, the type of visa and the date of expiry of the validity of the visa, if applicable.
Amendment 449 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 452 #
Proposal for a regulation
Article 15
Article 15
Amendment 454 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Children under the age of 16 shall be exempt from these requirements;
Amendment 456 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Children under the age of 12 shall be exempt from the requirement to give fingerprints for legal reasons and shall not be subject to Article 14.
Amendment 460 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 3
Article 15 – paragraph 3 – subparagraph 3
Member States shall ensure that appropriate procedures guaranteeing the dignity of the person are in place in the event of difficulties encountered ind respect for the fundamental rights of the individual are always in place. On no account may coercive measures be taken to obtain information, particularly when capturing fingerprints.
Amendment 463 #
Proposal for a regulation
Article 16
Article 16
Amendment 466 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 467 #
3a. If a third country national to whom the border authorities refuse entry to a country’s territory so request, those border authorities shall be required to supply in writing the reasons for the refusal. At all events, the person concerned must be able to appeal against the refusal and must be duly informed of the conditions under which they may appeal.
Amendment 468 #
Proposal for a regulation
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4a. A copy of this file must be communicated to the person on the spot.
Amendment 469 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 471 #
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
(b) any other decision taken by the competent authorities of the Member State, in accordance with national legislation, resulting in the removal or departure of the third country national who does not fulfil or no longer fulfils the conditions for the entry into or for the stay in the territory of the Member States.
Amendment 472 #
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. The entry/exit record shall indicate the date of voluntary definitive departure of the third country national after the date on which his or her residence permit expires.
Amendment 473 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Without prejudice to Article 20, where a third country national present on the territory of a Member State is not registered in the EES or the entry/exit record does not contain an exit date following the date of expiry of the authorised length of stay, the competent authorities may not presume that the third country national does not fulfil or no longer fulfils the conditions relating to duration of stay in the territory of the Member States.
Amendment 474 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 477 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
In the event of technical impossibility in entering data in the Central System or in the event of a failure of the Central System, the data referred to in Articles 14, 15, 16, 17 and 18 shall be temporarily stored in the National Uniform Interface as provided for in Article 6. If this is not possible, the data shall be temporarily stored locally. In both cases, the data shall be entered into the Central System of the EES as soon as the technical impossibility or failure has been remedied. The Member States shall take the appropriate measures and deploy the required infrastructure, equipment and resources to ensure that such temporary local storage can be carried out at any time and for any of their border crossing points.
Amendment 479 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 480 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 2
Article 21 – paragraph 2 – subparagraph 2
Amendment 481 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 3
Article 21 – paragraph 2 – subparagraph 3
Amendment 483 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 4
Article 21 – paragraph 2 – subparagraph 4
Amendment 485 #
Proposal for a regulation
Article 21 – paragraph 4 – subparagraph 2
Article 21 – paragraph 4 – subparagraph 2
Amendment 495 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
Amendment 500 #
Proposal for a regulation
Article 26 – paragraph -1 (new)
Article 26 – paragraph -1 (new)
-1. This Regulation also lays down in its Chapter IV the secondary, exceptional objective of the EES, namely the prevention, detection and investigation of terrorist offences or of other serious criminal offences, creating the conditions under which Member States’ designated law enforcement authorities and the European Police Office (Europol) may obtain access to the EES for consultation. This secondary objective must not be confused with the primary objective of controlling the entry and departure of third country nationals crossing the external borders of the Member States.
Amendment 501 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall designate the law enforcement authorities which are entitled to consulrequest from the EES information about the data stored in the EES in order to prevent, detect and investigate terrorist offences or other serious criminal offences.
Amendment 502 #
Proposal for a regulation
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
Each Member State shall designate a central accesscontact point which shall have access tomay request data from the EES. The central accesscontact point shall be an authority of the Member State which is responsible for the prevention, detection or investigation of terrorist offences or of other serious criminal offences. The central access point shall verify that the conditions to request access to the EES laid down in Article 29 are fulfilled.
Amendment 503 #
Proposal for a regulation
Article 26 – paragraph 3 – subparagraph 2
Article 26 – paragraph 3 – subparagraph 2
The designated authority and the central accesscontact point may be part of the same organisation if permitted under national law, but the central accesscontact point shall act independently when performing its tasks under this Regulation. The central accesscontact point shall be separate from the designated authorities and shall not receive instructions from them as regards the outcome of the verification.
Amendment 505 #
Proposal for a regulation
Article 26 – paragraph 3 – subparagraph 3
Article 26 – paragraph 3 – subparagraph 3
Member States may designate more than one central accesscontact point to reflect their organisational and administrative structure in the fulfilment of their constitutional or legal requirements.
Amendment 506 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Each Member State shall notify in a declaration to eu-LISA and the Commission their central accesscontact point(s) and may at any time amend or replace its declaration with another declaration. The declarations shall be published in the Official Journal of the European Union.
Amendment 507 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 508 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 510 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Europol shall designate an authority which is authorised to request access todata from the EES through its designated central access point in order to prevent, detect and investigate terrorist offences or other serious criminal offences. The designated authority shall be an operating unit of Europol.
Amendment 511 #
Europol shall designate a specialised unit with duly empowered Europol officials as the central access point. The central access point shall verify that the conditions to request access to the EES laid down in Article 30 are fulfilleduthorised to request information from the EES.
Amendment 512 #
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 2
Article 27 – paragraph 2 – subparagraph 2
Amendment 513 #
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article 27a Personal data accessed in the EES for the purposes laid down in Article 1(2) shall only be processed for the purposes of the prevention, detection or investigation of the specific case for which the data have been requested by a Member State or by Europol.
Amendment 515 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The operating units referred to in Article 26(5) shall submit a reasoned electronic request to the central accesscontact points referred to in Article 26(3) for access to data stored in the EES. Upon receipt of a request for accessdata, the central accesscontact point(s) shall verify whether the conditions for accessrequesting data referred to in Article 29 are fulfilled. If the conditions for access are fulfilled, the duly authorised staff of the central accesscontact point(s) shall process the requests. The EES data accrequessted shall be transmitted to the operating units referred to in Article 26 (5) in such a way as not to compromise the security of the data.
Amendment 516 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. In an exceptional case of urgency, where there is a need to prevent an imminent danger associated with a terrorist offence or another serious criminal offence, the central accesscontact point(s) shall, exceptionally, have the right to process the request immediately and shall only verify ex post whether all the conditions of Article 29 are fulfilled, including whether an exceptional case of urgency actually existed. The ex post verification shall take place without undue delayin 24 hours after the processing of the request.
Amendment 518 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Where an ex post verification determines that the access torequest for EES data was not justified, all the authorities that haccessed such data shall immediately erase the information accessreceived from the EES and shall inform the central access pointscontact points of this error and of the erasure.
Amendment 521 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. Designated authorities may access the EES for consultationrequest data from the EES if all of the following conditions are met:
Amendment 523 #
(a) access for consultation is necessary for the purpose of the prevention, detection or investigation of a terrorist offences or another serious criminal offence, thus making a search of the database proportionate if and must be duly justified so that an ex post check can be undertaken to verify whether the request was made for the original purpose, and whethere is an overriding public security concer[n];t was justified and proportionate in the light of the interest invoked.
Amendment 525 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) access for consultation ismust necessary inily be undertaken for a specific case;
Amendment 527 #
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) reasonable grounds exist to consider that the consultation of the EES data may substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiatedEES data may be consulted, with full regard for the principle of necessity, only where there is significant, convergent and cogent evidence constituting grounds for suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation;
Amendment 531 #
Proposal for a regulation
Article 29 – paragraph 2 – introductory part
Article 29 – paragraph 2 – introductory part
2. The access toConsultation of the EES as a criminal identification tool for the purpose of identifying an unknown suspect, or perpetrator or suspected victim of a terrorist offence or other serious criminal offence shall be allowed when the conditions listed in paragraph 1 are met and the following additional conditions are met:
Amendment 536 #
Proposal for a regulation
Article 29 – paragraph 2 – point b – paragraph 2
Article 29 – paragraph 2 – point b – paragraph 2
Amendment 537 #
Proposal for a regulation
Article 29 – paragraph 2 – point b – paragraph 3
Article 29 – paragraph 2 – point b – paragraph 3
Since fingerprint data of visa holding third country nationals are only stored in the VIS, a request for consultation of the VIS on the same data subject mayust be submitted in parallel to a request for consultation of the EES in accordance with the conditions laid down in Decision 2008/633/JHA provided the searches carried out in accordance with points (a) and (b) of the first subparagraph did not lead to the verification of the identity of the data subject, and the request for consultation of the EES must indicate why it has failed to produce results.
Amendment 541 #
Proposal for a regulation
Article 29 – paragraph 4 – point a
Article 29 – paragraph 4 – point a
Amendment 542 #
Proposal for a regulation
Article 29 – paragraph 4 – point b
Article 29 – paragraph 4 – point b
Amendment 543 #
Proposal for a regulation
Article 29 – paragraph 4 – point b – paragraph 2
Article 29 – paragraph 4 – point b – paragraph 2
Amendment 544 #
Proposal for a regulation
Article 29 – paragraph 5 – introductory part
Article 29 – paragraph 5 – introductory part
5. Consultation of the EES for the travel history of the third country national concerned shall be limited to searching with any of the following EES data in the individual file or in the entry/exit records:. Any consultation in this field must be particularly substantiated and justified in the light of the risks of breaches of fundamental rights inherent in requests of this type.
Amendment 545 #
Proposal for a regulation
Article 29 – paragraph 5 – point d
Article 29 – paragraph 5 – point d
Amendment 546 #
Proposal for a regulation
Article 29 – paragraph 5 – point e
Article 29 – paragraph 5 – point e
Amendment 548 #
Proposal for a regulation
Article 30 – paragraph 1 – point a
Article 30 – paragraph 1 – point a
(a) the consultation is necessary to support and strength, with full regard for the principle of necessity, should take place only where there is significant, convergent action by Member States innd cogent evidence relating to the preventiong, detectiong or investigatingon of terrorist offences or other serious criminal offences falling under Europol's mandate, thus making a search of the database, and must be duly justified so that an ex post check can be undertaken to verify whether the request was made for the original purpose, and whether it was justified and proportionate ifn there is an overriding public security concern; light of the interest invoked.
Amendment 550 #
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
(b) tThe consultation ismust necessary inily be undertaken for a specific case;
Amendment 554 #
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
(c) reasonable grounds exist to consider that the consultation may substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, or perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation.
Amendment 557 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Europol's designated authority may submit a reasoned electronic request for the consultation of all data or a specific set of data stored in the EES to the Europol central access point referred to in Article 27. Upon receipt of a request for accessconsultation, the Europol central access point shall verify whether the conditions for access referred to in paragraph 1 are fulfilled. If all conditions for access are fulfilled, the duly authorised staff of the central accesscontact point(s) shall process the requests. The EES data accessed shall be transmitted to the operating units referred to in Article 27 (1) in such a way as not to compromise the security of the data.
Amendment 565 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Each entry/exit record or refusal of entry record linked to an individual file shall be stored for five year181 days following the date of the exit record or of the refusal of entry record, as applicable.
Amendment 571 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Each individual file together with the linked entry/exit record(s) or refusal of entry records shall be stored in the EES for five years and one181 days following the date of the last exit record if there is no entry record within five year90 days from that last exit record or refusal of entry record.
Amendment 572 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. If there is no exit record following the date of expiry of the authorised period of stay, the data shall be stored for a period of five year90 days following the last day of the authorised stay. The EES shall automatically inform the Member States three months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures.
Amendment 579 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 582 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. By way of derogation to paragraphs (2) and (3), the entry/exit record(s) generated by third country nationals in their condition of family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC, shall not be stored in the EES for a maximum of one year after the last exit record.
Amendment 588 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. If the Member State responsible has evidence to suggest that data recorded in the EES are factually inaccurate or that data were processed in the EES in contravention of this Regulation, it shall check the data concerned and, if necessary, amend or erase them without delay from the EES and, where applicable, from the list of identified persons referred to in Article 11. This mayust also be done at the request of the person concerned in accordance with Article 46.
Amendment 589 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, if a Member State other than the Member State responsible has evidence to suggest that data recorded in the EES are factually inaccurate or that data were processed in the EES in contravention of this Regulation, it shall check the data concerned if it is possible to do this without consulting the Member State responsible and, if necessary, amend or erase them from the EES without delay and, where applicable, from the list of identified persons referred to in Article 11. Otherwise the Member State shall contact the authorities of the Member State responsible within a time limit of 14 days and the Member State responsible shall check the accuracy of the data and the lawfulness of its processing within a time limit of one month. This may also be done at the request of the person concerned in accordance with Article 46. Any person whose data have been amended must at all events be informed of the amendments in question concerning his or her individual file and the records in it, and must have the opportunity to appeal, including before the courts, in order to alter inaccurate information.
Amendment 597 #
Proposal for a regulation
Article 33 – paragraph 1 – point a
Article 33 – paragraph 1 – point a
Amendment 609 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 a (new)
Article 34 – paragraph 1 – subparagraph 1 a (new)
eu-LISA must base the design, creation and development of the physical architecture of the system, including its communication infrastructure, as well as the technical specifications and their evolution as regards the Central System, the Uniform Interfaces, the Secure Communication Channel between the EES Central System and the VIS Central System, and the Communication Infrastructure, on the principles of ‘limitation of purpose’ and ‘respect for privacy and data protection from the design stage onwards’. It must furthermore ensure that the use of the EES by all users complies with data protection provisions.
Amendment 616 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Each Member State shall designate a nationaln independent national supervisory authority, which shall provide the competent authorities referred to in Article 8 with access to the EES. Each Member State shall connect that national authority to the National Uniform Interface. Each Member State and Europol shall connect their respective central accesscontact points referred to in Article 26 and 27 to the National Uniform Interface.
Amendment 617 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 622 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. A Member State may only exceptionally keep the alphanumeric data which that Member State entered into the EES, in accordance with the purposes of the EES in its national files and national entry exit system, and may do so only with regard to individual cases, where it is strictly necessary, with the agreement of the independent supervisory authority and in accordance with European data protection law, in full respect of Union Law.
Amendment 624 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The data shall not be kept in the national files or national entry/exit systems longer than is strictly necessary for its individual purposes and, at all events, no longer than it is kept in the EES.
Amendment 626 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 628 #
Proposal for a regulation
Article 38 – paragraph 2 – point a
Article 38 – paragraph 2 – point a
(a) the Commission has adopted a decision on the adequate protection of personal data in that third country in accordance with Article 25(6) of Directive 95/46/EC, or a readmission agreement is in force between the Community and that third country, or Article 26(1)(d) of Directive 95/46/EC applies;
Amendment 629 #
Proposal for a regulation
Article 38 – paragraph 2 – point b
Article 38 – paragraph 2 – point b
(b) the third country or international organisation, which must have an adequate level of protection of personal data, agrees to use the data only for the purpose for which they were provided;
Amendment 631 #
Proposal for a regulation
Article 38 – paragraph 2 – point c
Article 38 – paragraph 2 – point c
(c) the data are transferred or made available in accordance with the relevant provisions of Union law, in particular readmission agreementsgarding data protection, and the national law of the Member State which transferred or made the data available, including the legal provisions relevant to data security and data protection;
Amendment 634 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. Transfers of personal data to third countries or international organisations pursuant to paragraph 2 shall notPersonal data must never prejudice the rights of applicants for and beneficiaries of international protection, in particular as regards non-refoulement.
Amendment 640 #
Proposal for a regulation
Article 39 – paragraph 3 a (new)
Article 39 – paragraph 3 a (new)
3a. The European Data Protection Supervisor shall be involved and informed in relation to everything falling within his or her field of responsibility;
Amendment 641 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
Member States shall ensure that each authority entitled to access EES data takes the measures necessary to comply with this Regulation and cooperates, where necessary, with the supervisory authority. responsible for data protection.
Amendment 642 #
Proposal for a regulation
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
1. Without prejudice to the right of information in Article 10 of Directive 95/46/EC, third country nationals whose data are recorded in the EES shall be informed by the Member State responsible in writing, when the first record is made, and subsequently, of the following:
Amendment 646 #
Proposal for a regulation
Article 44 – paragraph 1 – point b
Article 44 – paragraph 1 – point b
Amendment 648 #
Proposal for a regulation
Article 44 – paragraph 1 – point c
Article 44 – paragraph 1 – point c
Amendment 649 #
Proposal for a regulation
Article 44 – paragraph 1 – point e a (new)
Article 44 – paragraph 1 – point e a (new)
(ea) the right of people who have overstayed to have their personal data deleted if they can justify the extension of their stay on the grounds of a change of situation or a serious event;
Amendment 653 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Without prejudice to Article 12 of Directive 95/46/EC any third country national shall have the right to obtain the data relating to him or her recorded in the EES and of the Member State which transmitted it to the EES and the right to request correction or deletion of inaccurate data or data which have been stored in error or fraudulently.
Amendment 654 #
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. If a request for correction or deletion is made to a Member State other than the Member State responsible, the authorities of the Member State to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the EES within a time limit of one month14 days if that check can be done without consulting the Member State responsible. Otherwise the Member State other than the Member State responsible shall contact the authorities of the Member State responsible within a time limit of 14seven days and the Member State responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of one month14 days. Pending the amendments, no measure may be taken with regard to the person concerned on the basis of the contested information.
Amendment 658 #
Proposal for a regulation
Article 46 – paragraph 3 – subparagraph 2
Article 46 – paragraph 3 – subparagraph 2
In the event that visa-related data recorded in the EES are factually incorrect or have been recorded unlawfully, the Member State responsible or, where applicable, the Member State to which the request has been made shall first check the accuracy of these data against the VIS and if necessary will amend them in the EES. Should the data recorded in the VIS be the same as in the EES, the Member State responsible or the Member State to which the request was made , shall contact the authorities of the Member State responsible for entering these data in the VIS within a time limit of 14seven days. The Member State responsible for entering the data in the VIS shall check the accuracy of the visa related data and the lawfulness of its processing in the EES within a time limit of one monthseven days and inform the Member State responsible or the Member State to which the request has been made which shall, if necessary, amend or erase them without delay from the EES and, where applicable, from the list of persons referred to in Article 11(2). Pending the amendments, no measure may be taken with regard to the person concerned on the basis of the contested information.
Amendment 660 #
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
4. If the Member State responsible or, where applicable, the Member State to which the request has been made does not agree that data recorded in the EES are factually inaccurate or have been recorded unlawfully, that Member State shall adopt an administrative decision explainingwithin seven days explaining immediately and in writing to the person concerned without delay why it is not prepared to correct or delete data relating to him. The person concerned must have the opportunity to appeal before the courts, with suspensive effect, as soon as possible.
Amendment 662 #
Proposal for a regulation
Article 46 – paragraph 6
Article 46 – paragraph 6
6. Any request made pursuant to paragraphs 1 and 2 shall contain the necessary information to identify the person concerned, including fingerprints. That information shall be used exclusively to enable the exercise of the rights referred to in paragraphs 1 and 2 and shall be erased immediately afterwards.
Amendment 665 #
Proposal for a regulation
Article 46 – paragraph 7
Article 46 – paragraph 7
7. Whenever a person requests data relating to him in accordance with paragraph 2, the competent authority shall keep a record in the form of a written document that such a request was made and how it was addressed and by which authority and shall make that document available to the national supervisory authorities without delayin seven days. A copy of that document shall also be issued to the person concerned.
Amendment 669 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. The supervisory authority shall ensure that an audit of the data processing operations in the National System is carried out in accordance with relevant international auditing standards at least every four yearsannually.
Amendment 670 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. Member States shall ensure that their independent supervisory authority has sufficient resources to fulfil the tasks entrusted to it under this Regulation.
Amendment 671 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. The European Data Protection Supervisor shall ensure that the personal data processing activities of eu-LISA concerning the EES are carried out in accordance with this Regulation. For those purposes, the European Data Protection Supervisor must have the necessary resources, including material resources and the necessary information.
Amendment 673 #
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The European Data Protection Supervisor shall ensure that an audit of the Agency's personal data processing activities is carried out in accordance with relevant international auditing standards at least every four yearsannually. A report of that audit shall be sent to the European Parliament, the Council, eu-LISA, the Commission and the national supervisory authorities. eu-LISA shall be given an opportunity to make comments before the report is adopted.
Amendment 682 #
Proposal for a regulation
Article 54 – paragraph 1 Convention implementing the Schengen Agreement
Article 54 – paragraph 1 Convention implementing the Schengen Agreement
2. Paragraph 1 shall not affect each Contracting Party’s right to extend beyond 90 days an alien’s stay in its territory in exceptional circumstances’.
Amendment 690 #
Proposal for a regulation
Article 57 – paragraph 1 – point b
Article 57 – paragraph 1 – point b
(b) nationality, gender and dateyear of birth of the third country national;
Amendment 692 #
Proposal for a regulation
Article 57 – paragraph 1 – point g
Article 57 – paragraph 1 – point g
(g) the three letter code of the Member State that issued the short stay visa, or the touring visa if applicable;
Amendment 693 #
Proposal for a regulation
Article 57 – paragraph 1 – point h
Article 57 – paragraph 1 – point h
Amendment 697 #
Proposal for a regulation
Article 57 – paragraph 2 – subparagraph 1
Article 57 – paragraph 2 – subparagraph 1
For the purpose of paragraph 1, eu-LISA shall establish, implement and host a central repository in its technical si an information systesm containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics on the entries and exits, refusals of entry and overstay of third country nationals to improve the assessment of the risk of overstay, to enhance the efficiency of border checkssist the production of reports and statistics on the entries and exits, to help consulates processing the visa applications and, to support evidence-based Union migration policymaking. The repository shall also contain daily statistics on the data referred to in paragraph 4 and to improve protection of fundamental rights when crossing borders. Access to the central repository shall be granted by means of secured access through S-TESTA with control of access and specific user profiles solely for the purpose of reporting and statistics.
Amendment 700 #
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. Every quarter, eu-LISA shall publish statistics on the EES showing in particular the number, nationality, and border crossing point of entry of overstayers, of third country nationals who were refused entry, including the grounds for refusal, and of third country nationals whose stays were revoked or extended as well as the number of third country nationals exempt from the requirement to give fingerprge, gender, duration of stay and number of third country nationals at border crossing points.
Amendment 702 #
Proposal for a regulation
Article 57 – paragraph 6
Article 57 – paragraph 6
6. At the request of the Commission, eu-LISA shall provide iteu-LISA shall provide the Commission, the European Parliament and the European Data Protection Supervisor, at their request, with statistics on specific aspects related to the implementation of this Regulation as well as the statistics pursuant to paragraph 3.
Amendment 703 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. The costs incurred in connection with the establishment and operation of the Central System, the Communication Infrastructure and, the National Uniform Interface and the costs of half of the Automatic Control systems, self-service systems and e-gates which are necessary at the borders of Member States shall be borne by the general budget of the Union.
Amendment 704 #
Proposal for a regulation
Article 58 – paragraph 2 – subparagraph 2 – point g
Article 58 – paragraph 2 – subparagraph 2 – point g
(g) the costs of half of the Automatic Border Control systems, self-service systems and e-gates which are necessary at the borders of Member States, and the costs of their maintenance.
Amendment 712 #
Proposal for a regulation
Article 64 – paragraph 4
Article 64 – paragraph 4
4. TwoOne years after the start of operations of the EES and every two yearsannually thereafter, eu-LISA shall submit to the European Parliament, the Council and the Commission a report on the technical functioning of EES, including the security thereof.
Amendment 716 #
Proposal for a regulation
Article 64 – paragraph 5
Article 64 – paragraph 5
5. ThreOne years after the start of operations of the EES and every fourtwo years thereafter, the Commission shall produce an overall evaluation of the EES. This overall evaluation shall include an examination of results achieved against objectives and the impact on fundamental rights, and assessing the continuing validity of the underlying rationale, the application of the Regulation, the security of the EES and any implications on future operations, and shall make any necessary recommendations. The Commission shall transmit the evaluation report to the European Parliament and the Council.
Amendment 720 #
Proposal for a regulation
Article 64 – paragraph 8 – point f – paragraph 1 a (new)
Article 64 – paragraph 8 – point f – paragraph 1 a (new)
the number of requests for corrections of data, the action subsequently taken and the number of corrections made in response to requests by the persons concerned