BETA

Activities of Marie-Christine VERGIAT related to 2016/0408(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2016/0408(COD)

Shadow reports (1)

2016/11/22
Committee: LIBE
Dossiers: 2016/0408(COD)
Documents: PDF(1 MB) DOC(215 KB)

Amendments (33)

Marie-Christine VERGIAT

Proposal for a regulation
Recital 16

(16) Member States should make the necessary technical arrangement so that each time the end-users are entitled to carry out a search in a national police ~~or immigration~~ database they also search SIS in parallel in accordance with Article 4 of Directive (EU) 2016/680 of the European Parliament and of the Council44. This should ensure that SIS functions as the main compensatory measure in the area without internal border controls and better address the cross-border dimension of criminality and the mobility of criminals. _________________ 44 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 (OJ L 119, 4.5.2016, p. 89).

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 17

(17) This Regulation should set out the conditions for use of dactylographic data and facial images for identification purposes. The use of facial images for identification purposes in SIS should also help ensure consistency in border control procedures where identification and the verification of identity are required by the use of dactylographic data and facial images. ~~Searching with dactylographic data should be mandatory if there is any doubt concerning the identity of a person.~~ Facial images for identification purposes should only be used in the context of regular border controls in self-service kiosks and electronic gates.

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 18

(18) Fingerprints found at a crime scene should be allowed to be checked against the dactylographic data stored in SIS if it can be established to a high degree of probability that they belong to the perpetrator of the serious crime or terrorist offence. Serious crime should be the offences listed in Council Framework Decision 2002/584/JHA45 and ‘terrorist offence’ should be offences under national law referred to in Council Framework Decision 2002/475/JHA46. _________________ 45Council Framework Decision (2002/584/JHA) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.07.2002, p. 1). 46Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002 p.6).deleted

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 20

(20) A greater level of effectiveness, harmonisation and consistency can be achieved by making it mandatory to enter in SIS all entry bans issued by the competent authorities of the Member States in accordance with procedures respecting Directive 2008/115/EC47, and by setting common rules for entering such alerts following the return of the illegally staying third country national. Member States should take all necessary measures to ensure that no time-gap exist between the moment in which the third-country national leaves the Schengen area and the activation of the alert in SIS. This should ensure the successful enforcement of entry bans at external border crossing points, effectively preventing re-entry into the Schengen area. _________________ 47Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).deleted

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 33

(33) Regulation (EU) 2016/794 (Europol Regulation) provides that Europol supports and strengthens actions carried out by the competent authorities of Member States and their cooperation in combating terrorism and serious crime and provides analysis and threat assessments. In order to facilitate Europol in carrying out its tasks, in particular within the European Migrant Smuggling Centre, it is appropriate to allow Europol access to the alert categories defined in this Regulation. Europol's European Migrant Smuggling Centre plays a major strategic role in countering the facilitation of irregular migration, it should obtain access to alerts on persons who are refused entry and stay within the territory of a Member State either on criminal grounds or because of non-compliance with entry and stay conditions.deleted

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 36

(36) Regulation (EU) 2016/1624 of the European Parliament and of the Council54 provides for the purpose of this Regulation, that the host Member State is to authorise the members of the European Border and Coast Guard teams or teams of staff involved in return-related tasks, deployed by the European Border and Coast Guard Agency, to consult European databases, where this consultation is necessary for fulfilling operational aims specified in the operational plan on border checks, border surveillance and return. Other relevant Union agencies, in particular the European Asylum Support Office and Europol, may also deploy experts as part of migration management support teams, who are not members of the staff of those Union agencies. The objective of the deployment of the European Border and Coast Guard teams, teams of staff involved in return-related tasks and the migration management support teams is to provide for technical and operational reinforcement to the requesting Member States, especially to those facing disproportionate migratory challenges. Fulfilling the tasks assigned to the European Border and Coast Guard teams, teams of staff involved in return- related tasks and to the migration management support teams, necessitates access to SIS via a technical interface of the European Border and Coast Guard Agency connecting to Central SIS. In cases where searches carried out by the team or the teams of staff in SIS reveal the existence of an alert issued by a Member State, the member of the team or the staff cannot take the required action unless authorised to do so by the host Member State. Therefore it should inform the Member States concerned allowing for follow up of the case. _________________ 54Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251 of 16.9.2016, p. 1).deleted

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 37

(37) In accordance with Regulation (EU) 2016/1624 the European Border and Coast Guard Agency shall prepare risk analyses. These risk analyses shall cover all aspects relevant to European integrated border management, notably threats that may affect the functioning or security of the external borders. Alerts introduced in the SIS in accordance with this Regulation, notably the alerts on refusal of entry and stay are relevant information for assessing possible threats that may affect the external borders and should thus be available in view of the risk analysis which must be prepared by the European Border and Coast Guard Agency. Fulfilling the tasks assigned to the European Border and Coast Guard Agency in relation to risk analysis, necessitates access to SIS. Furthermore, in accordance with Commission proposal for a Regulation of the European Parliament and of the Council establishing a European Travel Information and Authorisation System (ETIAS)55, the ETIAS Central Unit of the European Border and Coast Guard Agency will perform verifications in SIS via ETIAS in order to perform the assessment of the applications for travel authorisation which require, inter alia, to ascertain if the third country national applying for a travel authorisation is subject of a SIS alert. To this end the ETIAS Central Unit within European Border and Coast Guard Agency should also have access to SIS to the extent necessary to carry out its mandate, namely to all alert categories on third country nationals in respect of whom an alert has been issued for the purposes of entry and stay, and those who are subject to restrictive measure intended to prevent entry or transit through Member States. _________________ 55deleted COM(2016) 731 final.

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 3 – paragraph 1 – point n

(n) ‘dactylographic data’ means data on fingerprints and palm prints which due to their unique character of uniqueness and the reference points contained therein enable accurate and conclusive comparisons on a person's identity;deleted

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 3 – paragraph 1 – point o

(o) ‘serious crime’ means offences listed in Article 2~~(1) and~~ (2) of Framework Decision 2002/584/JHA of 13 June 2002~~68; _________________ 68Council Framework Decision (2002/584/JHA) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.07.2002, p. 1).~~;

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 20 – paragraph 2 – point w

(w) photographs ~~and facial images~~;

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 20 – paragraph 2 – point x

(x) ~~dactylographic data~~fingerprints;

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 22 – title

Specific rules for entering photographs, facial images and ~~dactylographic data~~fingerprints

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 23 – paragraph 1

1. An alert may not be entered without the data referred to in Article 20(2)(a), (~~g),~~b), (g), (h), (i), (k), (m), (n) and (q). Where an alert is based upon a decision taken under Article 24 (2) the data referred to in Article 20(2)(r) shall also be entered.

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 24 – paragraph 2 – point a

(a) a third-country national who has been convicted in a Member State of an offence carrying a penalty involving the deprivation of liberty of at least onfive years;

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 24 – paragraph 2 – point b

(b) a third-country national in respect of whom there ~~are seriou~~is gpro~~unds for believing~~of that he has committed a serious crime ~~or in respect of whom there are clear indications of an intention to commit such an offence~~ in the territory of a Member State.

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 24 – paragraph 3

3. An alert shall be entered where the decision referred to in paragraph 1 is an entry ban issued in accordance with procedures respecting Directive 2008/115/EC. The issuing Member State shall ensure that the alert takes effect in SIS at the point ~~of return of~~where a return decision as defined in Article 3(4) of Directive 2008/115/CE and for which all possible alternatives have been exhausted or declared inadmissible has been made with regard to the third- country national ~~concerned~~in question. The confirmation of return shall be communicated to the issuing Member State in accordance with Article 6 of Regulation (EU) 2018/xxx and immediately erased from SIS II by the issuing Member State in accordance with Article 6(2) of this Regulation [Return Regulation].

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 26 – paragraph 1

1. Where a Member State considers granting a residence permit or other authorisation offering a right to stay to a third-country national who is the subject of an alert for refusal of entry and stay entered by another Member State, it shall first consult the issuing Member State through the exchange of supplementary information ~~and shall take account of the interests of that Member State.~~ The issuing Member State shall provide a definite reply within seven days. Where the Member State considering granting a permit or other authorisation offering a right to stay decides to grant it, the alert for refusal of entry and stay shall be deleted.

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 28 – title

Specific rules for verification or search with photographs~~, facial images and dactylographic data~~ and fingerprints

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 28 – paragraph 1

1. Photographs~~, facial images and dactylographic data~~ and fingerprints shall be retrieved from SIS to verify the identity of a person who has been located as a result of an alphanumeric search made in SIS.

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 28 – paragraph 2

2. ~~Dactylographic data~~Fingerprints may also be used to identify a person. ~~Dactylographic data~~Fingerprints stored in SIS shall be used for identification purposes if the identity of the person cannot be ascertained by other means.

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 28 – paragraph 3

3. Dactylographic data stored in SIS in relation to alerts issued under Article 24 may also be searched with complete or incomplete sets of fingerprints or palm prints discovered at the scenes of crimes under investigation and where it can be established to a high degree of probability that they belong to the perpetrator of the offence provided that the competent authorities are unable to establish the identity of the person by using any other national, European or international database.deleted

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 28 – paragraph 4

4. As soon as this becomes technically possible, and while ensuring a high degree of reliability of identification, photographs ~~and facial images~~ may be used to identify a person. Identification based on photographs ~~or facial images~~ shall only be used in the context of regular border crossing points where self-service systems and automated border control systems are in use.

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 31

~~[...]~~deleted

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 47 – paragraph 1

1. The right of data subjects to have access to data relating to them entered in SIS and to have such data rectified or erased shall be exercised in accordance with the law of the Member State before which they invoke that right, regardless of whether the person is on EU territory or not.

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

5. The person concerned shall be informed as soon as possible and in any event not later than 60 days from the date on which he applies for access or sooner if national law so provides, regardless of whether the person is on EU territory or not.

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 47 – paragraph 6

6. The person concerned shall be informed about the follow-up given to the exercise of his rights of rectification and erasure as soon as possible and in any event not later than three months from the date on which he applies for rectification or erasure or sooner if national law so provides, regardless of whether the person is on EU territory or not.

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 52 – paragraph 1 a (new)

(1a) The Commission shall ensure that the European Data Protection Supervisor has sufficient resources to fulfil the tasks entrusted to it under this Regulation.

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 52 – paragraph 1 b (new)

(1b) Member States shall ensure that any misuse of data entered in SIS II or any exchange of supplementary information contrary to this Decision is subject to effective, proportionate and dissuasive penalties in accordance with national law.

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 54 – paragraph 5

5. The Agency shall provide the Member States, the Commission, the Europ~~ol and~~ean Parliament, Europol, the European Border and Coast Guard Agency and the European Data Protection Supervisor with any statistical reports that it produces. In order to monitor the implementation of legal acts of the Union, the Commission shall be able to request the Agency to provide additional specific statistical reports, either regular or ad-hoc, on the performance or use of SIS and SIRENE communication.

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 54 – paragraph 6 – subparagraph l

For the purpose of paragraphs 3 to, 4 and 5 of this Article and of Article 15(5), the Agency shall establish, implement and host a central repository in its technical sites containing the data referred to in paragraph 3 of this Article and in Article 15(5) which shall not allow for the identification of individuals and shall allow the Commission and the agencies referred to in paragraph 5 to obtain bespoke reports and statistics. TUpon request, the Agency shall g~~rant~~ive access to Member States, the Commission, ~~Europol~~Parliament, the European Data Protection Supervisor, Europol, Eurojust and the European Border and Coast Guard Agency to the central repository ~~by means of~~, spec~~ured access through the Communication Infrastructure with control of access and specific user profiles~~ific items and information solely for the purpose of reporting and statistics.

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 54 – paragraph 7

7. ~~Two~~One years after SIS is brought into operation and every two years thereafter, the Agency shall submit to the European Parliament and the Council a report on the technical functioning of Central SIS and the Communication Infrastructure, including the security thereof, and the bilateral and multilateral exchange of supplementary information between Member States.

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 54 – paragraph 8

8. ~~Thre~~One years after SIS is brought into operation and every ~~four~~two years thereafter, the Commission shall produce an overall evaluation of Central SIS and the bilateral and multilateral exchange of supplementary information between Member States. That overall evaluation shall take the opinion of the European Data Protection Supervisor into account, and shall include an examination of results achieved against objectives, and an assessment of the continuing validity of the underlying rationale, the application of this Regulation in respect of Central SIS, the security of Central SIS and any implications for future operations. The Commission shall transmit the evaluation to the European Parliament, the Agency for Fundamental Rights and the Council.

2017/09/06
Committee: LIBE

Marie-Christine VERGIAT

8. ~~Thre~~One years after SIS is brought into operation and every four years thereafter, the Commission shall produce an overall evaluation of Central SIS and the bilateral and multilateral exchange of supplementary information between Member States. That overall evaluation shall include an examination of results achieved against objectives, and an assessment of the continuing validity of the underlying rationale, the application of this Regulation in respect of Central SIS, the security of Central SIS and any implications for future operations. The Commission shall transmit the evaluation to the European Parliament and the Council.

2017/09/06
Committee: LIBE