36 Amendments of Eva JOLY related to 2016/0407(COD)
Amendment 31 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of the Schengen Information System for the return of illegalrregularly staying third-country nationals
Amendment 35 #
Proposal for a regulation
Recital 2
Recital 2
(2) It is necessary to increase the effectiveness of the European system to return illegalrregularly staying third-country nationals. This is essential for maintaining public trust in the Union migration and asylum policy and providing support to persons in need of international protection.
Amendment 38 #
Proposal for a regulation
Recital 3
Recital 3
(3) Member States should take allthe necessary measures to return illegalrregularly staying third-country nationals in an effective and proportionate manner, in accordance with the provisions of Directive 2008/115/EC and with full respect of fundamental rights and in particular the principle of non-refoulement.
Amendment 44 #
Proposal for a regulation
Recital 4
Recital 4
(4) A Union-wide system for sharing information between Member States on return decisions issued in respect of third- country nationals staying illegalrregularly on the territory of the Member States in accordance with provisions respecting Directive 2008/115/EC and for monitoring whether third-country nationals subject to those decisions have left the territory of the Member States should be established.
Amendment 45 #
Proposal for a regulation
Recital 6
Recital 6
(6) SIS alerts on return and the exchange of supplementary information on these alerts should support competent authorities to take the necessary measures to enforce return decisions issued in accordance with provisions respecting Directive 2008/115/EC. SIS should contribute to the identification and the information sharing between Member States on third-country nationals who are the subject of such return decision, who have absconded and are apprehended in another Member State. These measures should help prevent and deter irregular migratincrease the effectiveness of return decisions and enhance cooperation between Member States’ authorities.
Amendment 49 #
Proposal for a regulation
Recital 7
Recital 7
(7) To ensure the effectiveness of return and increase the added value of alerts on return, Member States should enter alerts in SIS in relation to all final return decisions they issue to illegalrregularly staying third-country nationals in accordance with provisions respecting Directive 2008/115/EC. For this purpose, Member States should enter an alert in SIS also when decisions imposing or stating an obligation to return are issued in the situations described in Article 2(2) of that Directive, notably to third-country nationals who are subject to a refusal of entry in accordance with the Schengen Borders Code, or who are apprehended or intercepted by the competent authorities in connection with the irregular crossing by land, sea or air of the external border of a Member State and who have not subsequently obtained an authorisation or a right to stay in that Member State, and to third-country nationals who are subject to return as a criminal law sanction or as a consequence of a criminal law sanction, according to national law, or who are the subject of extradition procedures.
Amendment 50 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should set out common rules for entering alerts related to return in SIS as soon as the underlying return decisions in accordance with provisions respecting Directive 2008/115/EC are issued. The alert should indicate whether a period for voluntary departure has been granted to the third- country national concerned, including whether such period has been extended taking into account the specific circumstances of the individual case, whether the third-country national has a right to appeal against the return decision, whether an appeal against the return decision is pending, and whether the decision has been suspended or the removal has been postponed.
Amendment 54 #
Proposal for a regulation
Recital 9
Recital 9
(9) It is necessary to specify the categories of data that can be entered in SIS in respect of third-country nationals who are the subject of a return decision issued in accordance with provisions respecting Directive 2008/115/EC. Alerts on return should contain only those data that are required in order to identify the data subjects, to allow the competent authorities to take informed decisions without losing time and to ensure, where necessary, their protection in relation to persons who are armed, violent, have escaped or are involved in an activity as referred to in Articles 1, 2, 3 and 4 of Council Framework Decision 2002/475/JHA on combating terrorism26 . Furthermore, in order to facilitate identification and detect multiple identities, the alert should include also a reference to the personal identification document and a copy of such document, if available. _________________ 26 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3).
Amendment 56 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Competent authorities should be able to add in the SIS specific information relating to any specific, objective, physical characteristics of a person not subject to change. This information may relate to characteristics such as piercings, tattoos, marks, scars, etc. However, it should not reveal sensitive data of a person such as ethnicity, religion, disability, gender or sexual orientation, as defined in Article 9 of Regulation (EU) 2016/679 of the European Parliament and of the Council1a. _______________ 1a Regulation (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 L119, 4.5.2016, p. 1).
Amendment 60 #
Proposal for a regulation
Recital 11
Recital 11
(11) Procedures should be established to enable Member States to verify that the obligation to return has been complied with and to confirm the departure of or that a residence permit or other authorisation offering a right to stay has been granted to the third- country national concerned to the Member State that issued the alert on return. This information should contribute to a more comprehensive follow-up of the compliance with return decisions and rate of successful appeals against return decisions in accordance with provisions respecting Directive 2008/115/EC.
Amendment 64 #
Proposal for a regulation
Recital 12
Recital 12
(12) Alerts on return should be deleted as soon as the Member State or competent authority that issued the return decision in accordance with provisions respecting Directive 2008/115/EC has been informed that the return has taken place or that a residence permit or other authorisation offering a right to stay has been granted. Where a return decision is accompanied by an entry ban, the latter should be entered in SIS in accordance with Article 24(3) of Regulation (EU) 2018/xxx [border checks]. In such cases 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 on the entry ban in SIS.
Amendment 72 #
Proposal for a regulation
Recital 15
Recital 15
(15) Alerts should be kept in SIS only for the time required to fulfil the purposes for which they were entered. In accordance with Article 34 of Regulation (EU) 2018/xxx [border checks] the review period for alerts on third-country nationals is fivthree years.
Amendment 74 #
Proposal for a regulation
Recital 16
Recital 16
(16) Data processed in SIS or transferred through the exchange of supplementary information may provide to the enforcing Member State information that is useful for the rapid identification and re- documentation of illegalrregularly staying third- country nationals, in view of their return to a third country. In individual cases, it should be possible to share such data and informationSuch data and information should not be shared with a third country for this purpose. Sharing of any personal data should be subject to clear conditions, should be carried out in accordance with the provisions of Regulation (EU) 2016/679 and be conducted with the agreement of the Member State that issued the alert.
Amendment 79 #
Proposal for a regulation
Recital 17
Recital 17
(17) National authorities responsible for return may differ significantly among Member States, and such authorities may also vary within a Member State depending on the reasons for illegalrregular stay. Judicial authorities may also issue return decisions in accordance with provisions respecting Directive 2008/115/EC, for instance as result of appeals against a refusal of granting an authorisation or right to stay, or as a criminal sanction. All national authorities in charge of issuing and enforcing return decisions in accordance with Directive 2008/115/EC should be entitled to access SIS in order to enter, update, delete and search alerts on return.
Amendment 83 #
Proposal for a regulation
Recital 18
Recital 18
(18) Access to alerts on return should be granted to national authorities referred to in points (a), (b),(c) and (d) of Article 29(1) and in Article 29(2) of Regulation (EU) 2018/xxx [border checks] for the purpose of identification and return of third-country nationals.
Amendment 85 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 87 #
Proposal for a regulation
Recital 20
Recital 20
(20) Regulation (EU) 2016/1624 provides that the host Member State shall 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 Gard 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. 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 alerts on return SIS via a technical interface of European Border and Coast Guard Agency connecting to Central SIS.
Amendment 93 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘return decision issued in accordance with provisions respecting Directive 2008/115/EC’ means a return decision within the meaning of point (c) and an administrative or judicial decision or act, stating or declaring the stay of a third-country national to be illegalrregular and imposing or stating an obligation to return, issued under the conditions of Article 2(2) of Directive 2008/115/EC;
Amendment 102 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The period for voluntary departure granted to third-country nationals subject to a return decision issued in accordance with provisions respecting Directive 2008/115/EC shall be immediately recorded in the alert. Any extension of a period for voluntary departure shall also be immediately recorded in the alert.
Amendment 105 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) any specific, objective, physical characteristics not subject to change, not linked to special categories of personal data defined in Article 9 of Regulation (EU) 2016/679, such as ethnicity, religion, disability, gender or sexual orientation;
Amendment 116 #
Proposal for a regulation
Article 4 – paragraph 1 – point u
Article 4 – paragraph 1 – point u
(u) dactylographicfingerprint data;
Amendment 121 #
Proposal for a regulation
Article 4 – paragraph 1 – point x a (new)
Article 4 – paragraph 1 – point x a (new)
(xa) whether the return decision issued in accordance with provisions respecting Directive 2008/115/EC can be appealed;
Amendment 122 #
Proposal for a regulation
Article 4 – paragraph 1 – point x b (new)
Article 4 – paragraph 1 – point x b (new)
(xb) whether an appeal is pending against the return decision issued in accordance with provisions respecting Directive 2008/115/EC.
Amendment 124 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
An alert may not be entered without the data referred to in (a),(g),(k), (l), (m),(n), (w), (x), (xa) and (wxb). When available, all other data listed above shall also be entered.
Amendment 127 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point e
Article 6 – paragraph 1 – subparagraph 1 – point e
Amendment 131 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Member States shall provide on a monthly basis statistics to the European Agency for the operational management of large-scale information systems in the area of freedom, security and justice established by Regulation (EU) No 1077/2011 of the European Parliament and of the Council36 (‘the Agency’) on the number of confirmed returns, on whether the return was carried out in voluntary compliance with an obligation to return or was enforced, and on the third countries of destinationon the number of successful appeals against return decisions and on the number of conflicting instructions or conflicting information inserted in the database. Those statistics shall not contain personal data. _________________ 36 Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 286, 1.11.2011, p.1).
Amendment 132 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. CS-SIS shall notify the Member States about their alerts on return for which the period for voluntary departure has expired and for which the period for voluntary departure has not been extended or a residence permit or other authorisation offering a right to stay has been issued to the third-country national concerned.
Amendment 139 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – 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 on return entered by another Member State, the former shall first consult, through the exchange of supplementary information, the Member State that entered the alert. The Member State that entered the alert shall reply within seven daysinform the Member State that entered the alert. If the Member State considering granting a residence permit or other authorisation offering a right to stay decides to grant it, the alert on return shall be deleted.
Amendment 141 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 146 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Member States shall provide on an annual basis statistics to the Agency about the consultations carried out in accordance with paragraphs 1, 2, 3 and 4.
Amendment 150 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Without prejudice to Articles 6 and 8, alerts on return shall be deleted when the decision upon which the alert was based has been withdrawn or annulled by the competent authority. Alerts on return shall also be deleted when the third-country national concerned can demonstrate that they havehas left the territory of the Member States in compliance with a return decision issued in accordance with provisions respecting Directive 2008/115/EC.
Amendment 156 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Alerts on return entered in respect of a person who has acquired a residence permit, authorisation offering a right to stay or citizenship of a Member State or of any State whose nationals are beneficiaries of the right of free movement within the Union shall be deleted as soon as the issuing Member State becomes aware, or is informed pursuant to Article 39 of Regulation (EU) 2018/xxx [border checks], that the person in question has acquired such residence permit, other authorisation offering a right to stay or citizenship.
Amendment 161 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 162 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Without prejudice to the provisions on statistics in Article 54 of Regulation (EU) 2018/xxx [Border checks], the Agency shall produce daily, monthly and annual statistics, both in total number and per each Member State on the number of alerts on return entered in SIS, including on the data referred to in Article 4(x), (xa) and (xb) of this Regulation, on the notifications referred to in Article 7(1) of this Regulation and the number of alerts on return deleted due to compliance with an obligation to return. The Agency shall produce monthly and annual statistics about the data provided by the Member States in accordance with Article 6(3) and Article 8(5) of this Regulation. Those statistics shall not contain personal data.
Amendment 163 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Access to data entered in SIS and the right to search such data shall be reserved to the national authorities referred to in points (a), (b), (c) and (d) of Article 29(1) and in Article 29 (2) of Regulation (EU) 2018/ xxx [Border checks] for the purpose of identification and return of third-country nationals.
Amendment 165 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2