[ParlTrack]

Proposal for a regulation
Recital 6

(6) The Communication of the Commission of 27 September 2017 on the ‘Delivery of the European Agenda on Migration’51 stated that the EU's common visa policy is not only an essential element to facilitate tourism and business, but also a key tool to prevent security risks ~~and risks of irregular migration to the EU~~. The Communication acknowledged the need to further adapt the common visa policy to current challenges, taking into account new IT solutions and balancing the benefits of facilitated visa travel with improved migration, security and border management. The Communication stated that the VIS legal framework would be revised, with the aim of further improving the visa processing, including on data protection related aspects ~~and access for law enforcement authorities, further expanding the use of the VIS for new categories and uses of data and to make full use of the interoperability instruments~~. _________________ 51 COM(2017) 558 final, p. 17.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 10

(10) The personal data provided by the applicant for a short-stay visa should be processed by the VIS to assess whether the entry of the applicant in the Union could pose a threat to the public security or to public health in the Union and also assess the risk of irregular migration of the applicant. As regards third country nationals who obtained a long stay visa or a residence permit, these checks should be limited to contributing to assess the identity of the document holder, the authenticity and the validity of the long- stay visa or residence permit as well as whether the entry of the third country national in the Union could pose a threat to public security or to public health in the Union. They should not interfere with any decision on long-stay visas or residence permitsin the Union.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 11

(11) The assessment of such risks cannot be carried out without processing the personal data related to the person's identity, travel document, and, as the case may be, sponsor or, if the applicant is minor, identity of the responsible person. Each item of personal data in the applications should be compared with the data present in a record, file or alert registered in an information system (the Schengen Information System (SIS), the Visa Information System (VIS), the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD), the Entry/Exit System (EES), the Eurodac, the ECRIS-TCN system as far as convictions related to terrorist offences or other forms of serious criminal offences are concerned ~~and/or the Interpol Travel Documents Associated with Notices database (Interpol TDAWN)) or against the watchlists, or against specific risk indicators~~). The categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems~~, the watchlist or the specific risk indicators~~.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 12

(12) Interoperability between EU information systems was established by [Regulation (EU) XX on interoperability] so that these EU information systems and their data supplement each other with a view to improving the management of the external borders, contributing to preventing and combating illegal migration and ensuring a high level of security within the area of freedom, security and justice of the Union, including the maintenance of public security and public policy and safeguarding the security in the territories of the Member States.deleted

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 13

(13) The interoperability between the EU information systems allows systems to supplement each other to facilitate the correct identification of persons, contribute to fighting identity fraud, improve and harmonise data quality requirements of the respective EU information systems, facilitate the technical and operational implementation by Member States of existing and future EU information systems, strengthen and simplify the data security and data protection safeguards that govern the respective EU information systems, streamline the law enforcement access to the EES, the VIS, the [ETIAS] and Eurodac, and support the purposes of the EES, the VIS, the [ETIAS], Eurodac, the SIS and the [ECRIS-TCN system].deleted

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 14

(14) The interoperability components cover the EES, the VIS, the [ETIAS], Eurodac, the SIS, and the [ECRIS-TCN system], and Europol data to enable it to be queried simultaneously with these EU information systems and therefore it is appropriate to use these components for the purpose of carrying out the automated checks and when accessing the VIS for law enforcement purposes. The European search portal (ESP) should be used for this purpose to enable a fast, seamless, efficient, systematic and controlled access to the EU information systems, the Europol data and the Interpol databases needed to perform their tasks, in accordance with their access rights, and to support the objectives of the VIS.deleted

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 19

(19) The continuous emergence of new forms of security threats, new patterns of irregular migration and public health threats requires effective responses and needs to be countered with modern means. Since these meansfunctioning of the VIS entails the processing of important amounts of personal data, appropriate safeguards should be introduced to keep the interference with the rights to respect for private and family life and to the personal data limited to what is necessary and proportionate in a democratic society.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 20

(20) It should be ensured that at least a similar level of checks is applied to applicants for a short-stay visa, or third country nationals who obtained a long stay visa or a residence permit, as for visa free third country nationals. To this end a watchlist is also established with information related to persons who are suspected of having committed an act of serious crime or terrorism, or regarding whom there are factual indications or reasonable grounds to believe that they will commit an act of serious crime or terrorism should be used for verifications in respect of these categories of third country nationals as well.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 22

(22) This Regulation ~~should~~ defines the authorities of the Member States which may be authorised to have access to the VIS to enter, amend, delete or consult data on long stay visas and residence permits for the specific purposes set out in the VIS for this category of documents and their holders, and to the extent necessary for the performance of their tasks.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 28

(28) [Regulation 2018/XX on interoperability] provides the possibility for a Member State police authority which has been so empowered by national legislative measures, to identify a person with the biometric data of that person taken during an identity check. However specific circumstances may exist where identification of a person is necessary in the interest of that person. Such cases include situations where the person was found after having gone missing, been abducted or having been identified as victim of trafficking. In such cases, quick access for law enforcement authorities to VIS data to enable a fast and reliable identification of the person~~, without the need to fulfill all the preconditions and additional safeguards for law enforcement access,~~ should be provided.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 29

(29) 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 VIS in cases where there are reasonable grounds for believing that the perpetrator or victim may be registered in the VIS should provide the law enforcement authorities of the Member States with a very valuable tool in preventing, detecting or investigating terrorist offences or other serious criminal offences, when for example the only evidence at a crime scene are latent fingerprints.deleted

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 35

(35) Members of the European Border and Coast Guard (EBCG) teams, as well as teams of staff involved in return- related tasks are entitled by Regulation (EU) 2016/1624 of the European Parliament and the Council to consult European databases where necessary for fulfilling operational tasks specified in the operational plan on border checks, border surveillance and return, under the authority of the host Member State. For the purpose of facilitating that consultation and enabling the teams an effective access to the data entered in VIS, the ECBGA should be given access to VIS. Such access should follow the conditions and limitations of access applicable to the Member States' authorities competent under each specific purpose for which VIS data can be consulted.deleted

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 36

(36) The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with Directive 2008/115/EC of the European Parliament and of the Council59, is an essential component of the comprehensive efforts to tackle irregular migration and represents an important reason of substantial public interest. _________________ 59 Directive 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

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 37

(37) The third countries of return are often not subject to adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679 or under national provisions adopted to transpose Article 36 of Directive (EU) 2016/680. Furthermore, the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return has not been able to ensure the systematic fulfilment by such third countries of the obligation established by international law to readmit their own nationals. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679 or to the national provisions adopted to transpose Article 37 of Directive (EU) 2016/680, cover a limited number of such third countries and conclusion of any new agreement remains uncertain. In such situations, personal data could be processed pursuant to this regulation with third-country authorities for the purposes of implementing the return policy of the Union provided that the conditions laid down in Article 49(1)(d) of Regulation (EU) 2016/679 or in the national provisions transposing Article 38 or 39 of Directive (EU) 2016/680 are met.deleted

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 41

(41) In order to enhance third countries' cooperation on readmission of irregular migrants and to facilitate the return of illegally staying third country nationals whose data might be stored in the VIS, the copies of the travel document of applicants for a short stay visa should be stored in the VIS. Contrary to information extracted from the VIS, copies of travel documents are a proof of nationality more widely recognised by third countries.deleted

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 44

(44) In order to allow better monitoring of the use of VIS to analyse trends concerning migratory pressure and border management, eu-LISA should be able to develop a capability for statistical reporting to the Member States, the Commission, and the European Border and Cost Guard Agency without jeopardising data integrity. Therefore, a central statistical repository should be established. None of the produced statistics should contain personal data.deleted

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Recital 47 a (new)

(47a) This Regulation is without prejudice to the obligations deriving from the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967, and to all the international commitments entered into by the EU and its Member States.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

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

Regulation (EC) No 767/2008
Article 1 – paragraph 1

This Regulation also lays down procedures for the exchange of information between Member States on long-stay visas and residence permits, including on certain decisions on long- stay visas and residence permits.deleted

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

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

Regulation (EC) No 767/2008
Article 1 – paragraph 2

By storing identity~~, travel document~~ and biometric data in, the common identity repository (CIR) established by Article 17 of Regulation 2018/XX of the European Parliament and of the Council* [Regulation 2018/XX on interoperability], the VIS contributes to facilitating and assisting in the correct identification of persons registered in the VIS." VIS contributes to facilitating and assisting in the identification of persons registered in the VIS, with a view to identifying any person who may not, or may no longer, fulfil the conditions for entry to, stay or residence on the territory of the Member States and in order to help prevent threats to the internal security of the Member States.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008
Article 2 – paragraph 1 – introductory part

1. The VIS shall have the purpose of improving the implementation of the common visa policy on short-stay visas, consular cooperation and consultation between central visa authorities by facilitating the exchange of data between Member States on applications and on the decisions relating thereto, in order:

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008
Article 2 – paragraph 1 – point e

(e) to assist in the identification ~~and return~~ of any person who may not, or may no longer, fulfil the conditions for entry to, stay or residence on the territory of the Member States;

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008
Article 2 – paragraph 1 – point h

(h) contribute to the prevention, detection and investigation of terrorist offences or of other serious criminal offences, provided that the latter are strictly defined;

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008
Article 2 – paragraph 1 – point k

(k) support the objectives of the Schengen Information System (SIS) related to the alerts in respect of third country nationals subject to a refusal of entry, persons wanted for arrest or for surrender or extradition purposes, on missing persons, on persons sought to assist with a judicial procedure ~~and on persons for discreet checks or specific checks~~."

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008
Article 2 – paragraph 2 – point a

(a) support a high level of security by contributing to the assessment of whether the applicant is considered to pose a threat to public policy, internal security or public health ~~prior to their arrival at the external borders crossing points~~;

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008
Article 2 – paragraph 2 – point e

~~(e) facilitate the application of Regulation (EU) No 604/2013 and of Directive 2013/32/EU;~~deleted

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008
Article 2 – paragraph 2 – point f

(f) support the objectives of the Schengen Information System (SIS) related to the alerts in respect of third country nationals subject to a refusal of entry, persons wanted for arrest or for surrender or extradition purposes, on missing persons, on persons sought to assist with a judicial procedure ~~and on persons for discreet checks or specific checks~~."

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008
Article 2 – footnote 1

* Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).deleted

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 4

Regulation (EC) No 767/2008
Article 4 – paragraph 1 – point 15

(15) ‘~~facial image~~photograph’ means digital image of the face with sufficient image resolution and quality to be used in automated biometric matching;

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 4

Regulation (EC) No 767/2008
Article 4 – paragraph 1 – point 20

(20) 'law enforcement' means the prevention, detection or investigation of terrorist offences or other serious criminal offences; within a strictly defined framework;

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 5

Regulation (EC) No 767/2008
Article 5 – paragraph 1 – point a

(a) alphanumeric data on the short stay visa applicant and on visas requested, issued, refused, annulled, revoked or extended referred to in Articles 9(1) to (4) and Articles 10 to 14, alphanumeric data on long stay visa and residence permits issued, withdrawn, refused, annulled, revoked or extended referred to in Articles 22c, 22d, 22e and 22f, as well as information regarding the hits referred to in Articles 9a and 22b, and the results of verifications referred to in Article 9c(6);

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EC) No 767/2008
Article 5 a – paragraph 3

(3) The detailed rules on managing the functionality referred to in paragraph 2 shall be laid down in ~~implementing~~delegated acts. Those ~~implementing~~delegated acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point -a (new)

Regulation (EC) No 767/2008
Article 6 – paragraph –1 (new)

(-a) the following paragraph -1 is added: “Access to the VIS for entering, amending or deleting the data referred to in Article 5(1) in accordance with this Regulation shall be reserved exclusively to the duly authorised staff of the visa authorities. The number thereof shall be strictly limited by the actual needs of their service.”

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point -a a (new)

Regulation (EC) No 767/2008
Article 6 – paragraph 1

(-aa) paragraph 1 is amended as follows: "1. Access to the VIS for entering, amending or deleting the data referred to in Article 5(1) in accordance with this Regulation shall be reserved exclusively to the duly authorised staff of the visa authorities. The authorities entitled to consult or access VIS in order to prevent, detect and investigate terrorist offences or other serious criminal offences shall be designated in accordance with Chapter IIIb.” Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32008R0767&from=EN)

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point c

Regulation (EC) No 767/2008
Article 6 – paragraph 5

5. The detailed rules on managing the functionality for the centralised management of the list in paragraph 3 shall be laid down in ~~implementing~~delegated acts. Those ~~implementing~~delegated acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)

Regulation (EC) No 767/2008
Article 7 – paragraph 2

(7a) Article 7(2) is amended as follows: "2. Each competent authority shall ensure that in using the VIS~~, it does not discriminate against applicants and visa holders on grounds of sex, racial or ethnic origin~~ it fully respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. It shall not discriminate against applicants and visa holders on grounds of sex, racial or ethnic origin, colour, social origin, language, political or any other opinion, membership of a national minority, property, birth, religion or belief, disability, age or sexual orientation, and ~~that it~~it shall fully respect~~s the~~ human dignity and the integrity of the applicant or of the visa holder. ”; Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32008R0767&from=EN)

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EC) No 767/2008
Article 7 – paragraph 3

3. The best interests of the child shall ~~be a primary~~take precedence over any other consideration for Member States with respect to all procedures provided for in this Regulation, in full compliance with the International Convention on the Rights of the Child. The child’s well- being, safety and security, in particular where there is a risk of the child being a victim of human trafficking in human beings, and the views of the child shall be taken into consideration and given due weight in accordance with his or her age ~~and maturity~~."

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 8 a (new)

Regulation (EC) No 767/2008
Article 7 – paragraph 3 a (new)

(8a) In Article 7, paragraph 3a is inserted : “Member States shall apply this Regulation in full conformity with the Charter of Fundamental Rights of the European Union, in particular the right to human dignity , the right to liberty and security, the respect for private and family life, the protection of personal data, the right to asylum and protection of the principle of non-refoulement and protection in the event of removal, expulsion or extradition, the right to non- discrimination, the rights of the child and the right to an effective remedy.”

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b a (new)

Regulation (EC) No 767/2008
Article 8 – paragraph 4

(ba) paragraph 4 is amended as follows: "4. If the applicant is travelling in a group or with his spouse and/or children, the visa authority shall create an application file for each applicant ~~and link the application files of the persons travelling together.~~ .” Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32008R0767&from=EN)

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a

Regulation (EC) No 767/2008
Article 9 – paragraph 4 – point a

(a) first name(s) (given name(s)); first name or names (given names); ~~date~~year of birth; nationality or nationalities; sex;

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b

Regulation (EC) No 767/2008
Article 9 – paragraph 5

5. the ~~facial image~~photograph of the applicant, in accordance with Article 13~~(1) of Regulation (EC) No 810/2009.;~~.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point c

Regulation (EC) No 767/2008
Article 9 – paragraph 7

~~7. a scan of the biographic data page.;~~deleted

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point d

Regulation (EC) No 767/2008
Article 9 – paragraph 8 – subparagraph 1

The ~~facial image~~photograph of third country nationals referred to in point 5 of the first paragraph shall have sufficient image resolution and quality to be used in automated biometric matching.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point d

Regulation (EC) No 767/2008
Article 9 – paragraph 8 – subparagraph 2

By way of derogation from the second paragraph, in exceptional cases where the quality and resolution specifications set for the enrolment of the ~~live facial image~~photograph in the VIS cannot be met, the ~~facial image~~photograph may be extracted electronically from the chip of the electronic Machine Readable Travel Document (eMRTD). In such cases, the ~~facial image~~photograph shall only be inserted into the individual file after electronic verification that the ~~facial image~~photograph recorded in the chip of the eMRTD corresponds to the live facial image of the third-country national concerned.; No automated request shall be processed using biometric data of persons aged 70 or over or children under the age of 14 which were collected more than five years ago. Automated requests on the basis of biometric data belonging to persons aged 70 or over or children under the age of 14 shall be processed in the presence of fingerprinting and facial recognition experts in order to limit the margin of error in the processing of those requests.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008
Article 9 a – paragraph 3

3. For the purpose of the verifications provided for in Article 21(1) and Article 21(3)(a), (c) and (d) of Regulation (EC) No 810/2009, the VIS shall launch a query by using the European Search Portal defined in Article 6(1) [of the Interoperability Regulation] to compare the relevant data referred to in point (4) of Article 9 of this Regulation to the data present in a record, file or alert registered in the VIS, the Schengen Information System (SIS), the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), ~~including the watchlist referred to in Article 29 of Regulation (EU) 2018/XX for the purposes of establishing a European Travel Information and Authorisation System], the Eurodac,~~ [the ECRIS-TCN system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned], the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD) ~~and the Interpol Travel Documents Associated with Notices database (Interpol TDAWN)~~.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008
Article 9 a – paragraph 5 – point d

~~(d) an alert on persons and objects for discreet checks or specific checks.~~deleted

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008
Article 9 b – paragraph 1

1. As regards third country nationals who are members of the family 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 equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other, the automated checks in Article 9a(3) shall be carried our solely for the purpose of checking that there ~~are no factual indications or reasonable grounds based on factual indications~~is evidence to conclude that the presence of the person on the territory of the Member States poses a risk to security or high epidemic risk in accordance with Directive 2004/38/EC.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008
Article 9 c – paragraph 5

5. Where the data correspond to or where doubts remain concerning the identity of the applicant, the central visa authority processing the application shall inform the central authority of the other Member State(s), which were identified as having entered or supplied the data that triggered the hit pursuant to Article 9a(3). Where one or more Member States were identified as having entered or supplied the data that triggered such hit, the central authority shall consult the central authorities of the other Member State(s) using the procedure set out in Article 16(2). The applicant shall have the benefit of any doubt.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 15

Regulation (EC) No 767/2008
Article 16 – paragraph 2

2. When an application file is created in the VIS regarding a national of a specific third country or belonging to a specific category of such nationals for which prior consultation is requested pursuant to Article 22 of Regulation (EC) No 810/2009, the VIS shall automatically transmit the request for consultation to the Member State or the Member States indicated. The Member State or the Member States consulted shall transmit their response to the VIS, which shall transmit that response to the Member State which created the application. Solely for the purpose of carrying out the consultation procedure, the list of Member States requiring that their central authorities be consulted by other Member States' central authorities during the examination of visa applications for uniform visas lodged by nationals of specific third countries or specific categories of such nationals, according to Article 22 of Regulation (EC) No 810/2009, and of the third country nationals concerned, shall be integrated into the VIS."deleted

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 18

Regulation (EC) No 767/2008
Article 18 – paragraph 6 – subparagraph 2

The competent authorities for carrying out checks at borders ~~at which the EES is operated~~ shall verify the fingerprints of the visa holder against the fingerprints recorded in the VIS. For visa holders whose fingerprints cannot be used, the search mentioned under paragraph 1 shall be carried out with the alphanumeric data foreseen under paragraph 1 in combination with the ~~facial image~~photograph.;

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 20

Regulation (EC) No 767/2008
Article 22 – paragraph 2

(20) in Article 22, paragraph 2 is replaced by the following: "2. If the search with the data listed in paragraph 1 indicates that data on the applicant for international protection is recorded in the VIS, the competent asylum authority shall have access to consult the following data of the applicant and of any linked application files of the applicant pursuant to Article 8(3), for the sole purpose referred to in paragraph 1: (a) (b) form(s), referred to in points (4), (5) and (7) of Article 9; (c) (d) visa issued, annulled, revoked, or whose validity is extended, referred to in Articles 10, 13 and 14; (e) and (5) of Article 9 of the linked application files pursuant to Article 8(4).;"deleted the application number; the data taken from the application photographs; the data entered in respect of any the data referred to in points (4)

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 21

Regulation (EC) No 767/2008
Article 23 – paragraph 1 – subparagraph 1

Each file shall be stored in the VIS for a maximum of ~~five~~two years, without prejudice to the deletion referred to in Articles 24 and 25 and to the keeping of records referred to in Article 34.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 21

Regulation (EC) No 767/2008
Article 23 – paragraph 2

2. Upon expiry of the period referred to in paragraph 1, the VIS shall automatically erase the file and the link(s) to this file as referred to in Article 8(3) and (4) and Article 22a(3) ~~and (5)~~.;

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 24

Regulation (EC) No 767/2008
Article 26 – paragraph 8 a – subparagraph 2

In such cases, the security measures, access control and logging activities at the testing environment shall be equal to the ones for the VIS production system. Real personal data adopted for testing shall be ~~rendered~~ anonym~~ous~~ised in such a way that the data- subject is no longer identifiable. and the data cannot be used for other purposes;

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 24 a (new)

Regulation (EC) No 767/2008
Article 26 – paragraph 9 a (new)

(24a) In Article 26, the following paragraph 9a is inserted: "The operational management of the Central System and all VIS-related tasks shall under no circumstances be entrusted to a private company or organisation, and the use of contract staff shall be strictly limited and supervised.”

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 26 – point b

Regulation (EC) No 767/2008
Article 29 – paragraph 1 – point c

(c) the data are accurate, up-to-date and of an adequate level of quality and completeness when they are transmitted to the VIS. For this purpose, Member States shall ensure that consular staff and the staff of any external service provider with which they are cooperating as referred to in Article 43 of Regulation (EU) No 810/2009 receive regular training on data quality and protection of personal data. Under no circumstances may these tasks be transferred to external service providers.;

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 26 – point c

Regulation (EC) No 767/2008
Article 29 – paragraph 2 – point a

~~(c) in point (a) of paragraph 2, the word "VIS" is replaced by the words "VIS or the CIR" in both instances where it appears;~~deleted

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 26 – point d

Regulation (EC) No 767/2008
Article 29 – paragraph 2a – subparagraph 1

The management authority together with the Commission shall develop and maintain automated data quality control mechanisms and procedures for carrying out quality checks on the data in VIS and shall provide regular reports to the Member States. The management authority shall provide a regular report to the Member ~~states and Commission on the~~States, the Commission and the European Parliament on the data quality controls. Every two years the Commission shall report to the European Parliament and the Council on data quality issues encount~~rols~~ered. That report shall be accompanied by proposals for remedying the issues raised.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 27

Regulation (EC) No 767/2008
Article 29 a – paragraph 2 – point c

(c) quality checks on ~~facial image~~photographs and dactylographic data shall be performed when creating application files of third country nationals in VIS, to ascertain the fulfilment of minimum data quality standards allowing biometric matching;

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 27

Regulation (EC) No 767/2008
Article 29 a – paragraph 3

3. Quality standards shall be established for the storage of the data referred to in paragraph 1 and 2 of this Article. The specification of these standards shall be laid down in ~~implementing~~delegated acts. Those ~~implementing~~delegated acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 28 – introductory part

(28) in Article 31, paragraph~~s 1 and 2 are~~ 2 is replaced by the following:

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 28

Regulation (EC) No 767/2008
Article 31 – paragraph 1

1. Without prejudice to Regulation (EU) 2016/679, the data referred to in Article 9(4)(a), (b), (c)~~, (k)~~ and (m)~~; 9(6) and 9(7)~~ may be transferred or made available to a third country or to an international organisation listed in the Annex, only if absolutely necessary in individual cases for the sole purpose ~~of proving the identity of third-country nationals, and only for the purpose of return in accordance with Directive 2008/115/EC or~~ of resettlement in accordance with the Regulation …[Resettlement Framework Regulation], and provided that the Member State which entered the data in the VIS has given its approval.;

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 28 a (new)

Regulation (EC) No 767/2008
Article 32 a (new)

(28a) Article 32a is added "Article 32a Security incidents 1. Any event that has or may have an impact on the security of the VIS or may cause damage or loss to VIS data shall be considered to be a security incident, especially where unlawful access to data may have occurred or where the availability, integrity and confidentiality of data has or may have been compromised. 2. Security incidents shall be managed in such a way as to ensure a quick, effective and proper response. 3. Without prejudice to the notification and communication of a personal data breach pursuant to Article 33 of Regulation (EU) 2016/679 or Article 30 of Directive (EU) 2016/680, Member States and Europol shall notify the Commission, eu-LISA, the competent supervisory authorities and the European Data Protection Supervisor of any security incidents without delay. Eu-LISA shall notify the Commission and the European Data Protection Supervisor without delay of any security incidents concerning the VIS Central System. 4. Information regarding a security incident that has or may have an impact on the operation of the VIS in a Member State or, within eu-LISA, on the availability, integrity and confidentiality of the data entered or sent by other Member States, shall be provided to all Member States without delay and reported in compliance with the incident management plan provided by eu-LISA. 5. The Member States and eu-LISA shall collaborate in the event of a security incident. 6. The Commission shall report serious incidents immediately to the European Parliament and to the Council. These reports shall be classified as EU RESTRICTED/RESTREINT UE in accordance with applicable security rules. 7. Where a security incident is caused by the misuse of data, Member States and Europol shall ensure that penalties are imposed in accordance with Article 36;"

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 28 c (new) Regulation (EC) No 767/2008

(28c) Article 33 is amended as follows: "1. Any person who, or Member State which, has suffered damage as a result of an unlawful processing operation or any act incompatible with this Regulation shall be entitled to receive compensation from the Member State which is responsible for the damage suffered. That Member State shall be exempted from its liability, in whole or in part, if it proves that it is not responsible for the event giving rise to the damage. (a) any person or Member State that has suffered material damage as a result of an unlawful personal data processing operation or any other act incompatible with this Regulation by a Member State shall be entitled to receive compensation from that Member State; (b) any person or Member State that has suffered material or non-material damage as a result of any act by Europol or eu-LISA incompatible with this Regulation shall be entitled to receive compensation from the agency in question. The Member State concerned, Europol or eu-LISA shall be exempted from their liability under the first subparagraph, in whole or in part, if they prove that they are not responsible for the event which gave rise to the damage. 2. If any failure of a Member State to comply with its obligations under this Regulation causes damage to the VIS Central System, that Member State shall be held liable for such damage, unless and insofar as ~~the Management Authority~~eu-LISA or another Member State participating in the VIS Central System failed to take reasonable measures to prevent the damage from occurring or to minimise its impact. 3. Claims for compensation against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the ~~provisions of national law of the defendant Member State.~~ national law of that Member State. Claims for compensation against the controller, Europol or eu-LISA for the damage referred to in paragraphs 1 and 2 shall be subject to the conditions provided for in the Treaties.;" Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32008R0767&from=EN)

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 29

Regulation (EC) No 767/2008
Article 34 – paragraph 1

1. Each Member State~~, the European Border and Coast Guard Agency~~ and the Management Authority shall keep logs of all data processing operations within the VIS. These logs shall show the purpose of access referred to in Article 6(1), Article 20a(1), Article 22k(1) and Articles 15 to 22 and 22g to 22j, the date and time, the type of data transmitted as referred to in Articles 9 to 14, the type of data used for interrogation as referred to in Article 15(2), Article 18, Article 19(1), Article 20(1), Article 21(1), Article 22(1), Article 22g, Article 22h, Article 22i, Article 22j, Article 45a, and Article 45d and the name of the authority entering or retrieving the data. In addition, each Member State shall keep logs of the staff duly authorised to enter or retrieve the data.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 30 – point c

Regulation (EC) No 767/2008
Article 37 – paragraph 3

The information provided shall cover the legal basis for processing personal data and the possibility of limiting the processing of personal data, in conformity with the GDPR and the Police Directive; The information should be provided clearly, concisely and accurately and, wherever possible, transparently, in conformity with the GDPR and the Police Directive; A standard form is used to set out reasons for refusal and will be kept in the VIS, in line with the proposed Article 22(d)(c), to enable applicants who have been refused to exercise their right to an effective judicial remedy. The form might be similar to Annex VI of the Visa Code or Annex V of the Schengen Borders Code; In the absence of such a form signed by those persons this information shall be provided in accordance with Article 14 of Regulation (EU) 2016/679.;

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 30 a (new)

Regulation (EC) No 767/2008
Article 38 – Title

(30a) in Article 38, the title is amended ‘Right of access, to and correction and deletion ~~https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679&from=en~~of personal data, right to rectification, completion and erasure of personal data and right to restrict the processing thereof’ Or. fr

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 30 b (new)

Regulation (EC) No 767/2008
Article 38 – paragraph 2

(30b) in Article 38, paragraph 2 is amended "2. Any person may request that data relating to him which are inaccurate be corrected and that data recorded unlawfully be deleted. The correction and deletion shall be carried out without delay by the Member State responsible, in accordance with its laws, regulations and procedures. ~~https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679&from=en~~The Member State shall respond to such a request immediately and no later than 30 days following receipt of the request, in conformity with Article 12(3) and (4) of the GDPR,’ Or. fr

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 31 a (new)

Regulation (EC) No 767/2008
Article 40 – paragraph 1

~~1. I~~(31a) in Article 40, paragraph 1 is amended ‘Without prejudice to Articles 77 and 79 of Regulation (EU) 2016/679, in each Member State any person shall have the right to bring an action or a complaint before the competent authorities or courts of that Member State which refused the right of access to, or ~~the~~ right of ~~cor~~recti~~on or deletion of~~fication, completion or erasure of, data relating to him, or her provided for in Article 38~~(1) and (2). https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679&from=en~~ of this Regulation. The right to bring such an action or complaint shall also apply in cases where requests for access, rectification, completion or erasure were not responded to within the deadlines provided for in Article 38 or were never dealt with by the data controller. Member States shall provide applicants with detailed information regarding the procedure to be followed in the event of an appeal, as specified in Annex VI, in a language which the applicant understands or may reasonably be supposed to understand;’ Or. fr

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 32

Regulation (EC) No 767/2008
Article 43 – paragraph 1

1. The European Data Protection Supervisor shall act in close cooperation with national supervisory authorities with respect to specific issues requiring national involvement, in particular if the European Data Protection Supervisor or a national supervisory authority finds major discrepancies between practices of Member States or finds potentially unlawful transfers using the communication channels of the interoperability components, or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this Regulation. The national supervisory authorities and the European Data Protection Supervisor shall assist each other in carrying out audits and inspections and examine any difficulties concerning the interpretation or application of this Regulation.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 32

Regulation (EC) No 767/2008
Article 43 – paragraph 2

~~2. In the cases referred to in paragraph 1, coordinated supervision shall be ensured in accordance with Article 62 of Regulation (EU) XXXX/2018 [revised Regulation 45/2001].;~~deleted

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 33

Regulation (EC) No 767/2008
Article 45 – paragraph 3

3. The technical specifications for the quality, resolution and use of fingerprints and of ~~the facial image~~photographs for biometric verification and identification in the VIS shall be laid down in ~~implementing~~delegated acts. Those ~~implementing~~delegated acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 34

Regulation (EC) No 767/2008
Article 45a – paragraph 1 – subparagraph 1 – introductory part

The duly authorised staff of the competent authorities of Member States, the Commission, eu-LISA ~~and the European Border and Coast Guard Agency established by Regulation (EU) 2016/1624~~ shall have access to consult the following data, solely for the purposes of reporting and statistics, without allowing for individual identification as a result of the data being completely anonymous and in accordance with the safeguards related to non- discrimination referred to in Article 7:

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 34

Regulation (EC) No 767/2008
Article 45a – paragraph 1 – subparagraph 1 – point c

(c) sex, ~~date~~year of birth and current nationality of the applicant;

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 34

Regulation (EC) No 767/2008
Article 45a – paragraph 1 – subparagraph 1 – point h

(h) As regards short stay visa, main purpose(s) of the journey; ~~as regards long stay visas and residence permit, the purpose of the application;~~

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 34

Regulation (EC) No 767/2008
Article 45a – paragraph 1 – subparagraph 1 – point k

(k) ~~As regards short stay visa,~~ main purpose(s) of the journey; ~~as regards long stay visas and residence permit, the purpose of the application;~~

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 34

Regulation (EC) No 767/2008
Article 45 a – paragraph 1 – subparagraph 2

The duly authorised staff of the European Border and Coast Guard Agency shall have access to consult the data referred to in the first subparagraph for the purpose of carrying out risk analyses and vulnerability assessments as referred to in Articles 11 and 13 of Regulation (EU) 2016/1624.deleted

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008
Article 45 b

deleted (Article 45b is deleted.)

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008
Article 45 c

deleted (Article 45c is deleted.)

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008
Article 45 d

deleted (Article 45d is deleted.)

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008
Article 45 e

deleted (Article 45e is deleted.)

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008
Article 45 e – paragraph 4

4. In case of doubt or if the verification of the identity of the visa holder, long stay visa holder or residence permit holder fails, the member of the European Border and Coast Guard team shall refer the person to a border guard of the host Member State.deleted

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008
Article 45 e – paragraph 8

8. Every instance of access and every search made by the European Border and Coast Guard Agency shall be logged in accordance with the provisions of Article 34 and every use made of data accessed by the European Border and Coast Guard Agency shall be registered.deleted

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008
Article 45 e – paragraph 9

9. ~~Except where necessary to perform the tasks for the purposes of the Regulation establishing a European Travel Information and Authorisation System (ETIAS), no parts of~~No parts of SIS or VIS shall be connected to any computer system for data collection and processing operated by or at the European Border and Coast Guard Agency nor shall the data contained in SIS or VIS to which the European Border and Coast Guard Agency has access be transferred to such a system. No part of VSIS ~~shall~~may be downloaded. The logging of access and searches shall not be construed as constituting to be the downloading or copying of VIS data.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT

Proposal for a regulation
Article 1 – paragraph 1 – point 38

Regulation (EC) No 767/2008
Article 50 – paragraph 5

5. Every ~~four~~two years , the Commission shall produce an overall evaluation of the VIS. This 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 the VIS, the security of the VIS, the use made of the provisions referred to in Article 31 and any implications for future operations, as well as respect for fundamental rights and in particular the right to the protection of data, to non-discrimination, to the rights of the child and to effective legal remedy. The evaluation also examines whether access to VIS on the part of repressive authorities can result in discrimination. The Commission shall transmit the evaluation to the European Parliament and the Council.

2018/11/15
Committee: LIBE

Marie-Christine VERGIAT