BETA

77 Amendments of Birgit SIPPEL related to 2016/0357A(COD)

Amendment 185 #
Proposal for a regulation
Recital 9
(9) The ETIAS should establish a travel authorisation for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement') enabling to determine whether their presence in the territory of the Member States does not pose an irregular migration, or security or public health risk. Holding a valid travel authorisation should be a new entry condition for the territory of the Member States, however mere possession of a travel authorisation should not confer an automatic right of entry.
2017/10/04
Committee: LIBE
Amendment 191 #
Proposal for a regulation
Recital 10
(10) The ETIAS should contribute to a high level of security, and to the prevention of irregular migration and to the protection of public health by providing an assessment of visitors prior to their arrival at the external borders crossing points.
2017/10/04
Committee: LIBE
Amendment 221 #
Proposal for a regulation
Recital 20
(20) The personal data provided by the applicant should be processed by the ETIAS for the sole purposes of verifying in advance the eligibility criteria laid down in Regulation (EU) 2016/39924 and assessing whether the applicant is likely to irregularly migrate, whether the entry of the applicant in the Union could pose a threat to security or to public health in the Unionirregular migration risk. _________________ 24 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code).
2017/10/04
Committee: LIBE
Amendment 229 #
Proposal for a regulation
Recital 22 a (new)
(22 a) When a "hit" on Interpol information systems (SLTD and TDAWN) occurs during the automated process, the Central Unit should conduct a specific check before the manual process in order to verify the accuracy of the hit, and the reasons of this traveller's travel document insertion in any of the Interpol information systems.
2017/10/04
Committee: LIBE
Amendment 233 #
Proposal for a regulation
Recital 24
(24) Applicants who have been refused a travel authorisation should have the right to appeal. Appeal and to an effective remedy. Appeals and remedies should be conducted in the Member State that has taken the decision on the application and in accordance with the national law of that Member State.
2017/10/04
Committee: LIBE
Amendment 238 #
Proposal for a regulation
Recital 25
(25) The screening rules should be used to analyse the application file by enabling a comparison between the data recorded in an application file of the ETIAS Central System and specific risk indicators corresponding to previously identified security, or irregular migration or public health risk. The criteria used for defining the specific risk indicators should in no circumstances be based on a applicant's race or ethnic origin, political opinions, religion or philosophicalsex, race, colour, ethnic or social origin, genetic features, language, religion or beliefs, trade upolitical or any other opinion, membership, sexual lif of a national minority, property, birth, disability, age or sexual orientation.
2017/10/04
Committee: LIBE
Amendment 243 #
Proposal for a regulation
Recital 26
(26) An ETIAS watchlist should be established for identifying connections between data in an ETIAS application file and 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 ofor taken part in a serious crimeinal or terrorismt offence. The ETIAS watchlist should be part of the data processed by Europol in accordance with Article 18(2)(a) of Regulation (EU) 2016/794 and Europol's Integrated Data Management Concept implementing that Regulation. When providing information to Europol, Member States should be able to determine the purpose or purposes for which it is to be processed, including the possibility to limit this processing to the ETIAS watchlist.
2017/10/04
Committee: LIBE
Amendment 250 #
Proposal for a regulation
Recital 27
(27) 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 means entail the processing of important amounts of personal data, appropriate safeguards should be introduced to keep the interference with the right to protection of private life and to the right of protection of personal data limited to what is necessary in a democratic society.
2017/10/04
Committee: LIBE
Amendment 291 #
Proposal for a regulation
Recital 40
(40) The personal data recorded in the ETIAS should be kept for no longer than is necessary for its purposes. In order for the ETIAS to function, it is necessary to keep the data related to applicants for the period of validity of the travel authorisation. In order to assess the security, irregular migration and public health risks posed by the applicants it is necessary to keep the personal data for five years from the last entry record of the applicant stored in the EES. In fact, the ETIAS should rely on accurate preliminary assessments of the security, public health and irregular migration risks, notably through the use of the screening rules. In order to constitute a reliable basis for the manual risk assessment by the Member States, and reduce to the minimum the occurrence of hits not corresponding to real risks ('false positives'), the hits resulting from screening rules based on statistics generated by ETIAS data itself need to be representative of a sufficiently broad population. This cannot be achieved exclusively on the basis of the data of the travel authorisations in their validity period. The retention period should start from the last entry record of the applicant stored in the EES, since that constitutes the last actual use of the travel authorisation. A retention period of five years corresponds to the retention period of an EES record with an entry authorisation granted on the basis of an ETIAS travel authorisation or a refusal of entry. This synchronisation of retention periods ensures that both the entry record and the related travel authorisation are kept for the same duration and is an additional element ensuring the future interoperability between ETIAS and EES. This synchronisation of data retention periods is necessary to allow the competent authorities to perform the risk analysis requested by the Schengen Borders Code. A decision to refuse, revoke or annul a travel authorisation could indicate a higher security or irregular migration risk posed by the applicant. Where such a decision has been issued, the 52 years retention period for the related data should start from its date of issuance, in order for ETIAS to be able to take accurately into account the higher risk possibly posed by the applicant concerned. After the expiry of such period, the personal data should be deleted.
2017/10/04
Committee: LIBE
Amendment 306 #
(48) In order to assess the security, or irregular migration or public health risk which could be posed by a traveller, interoperability between the ETIAS Information System and other information systems consulted by ETIAS such as the Entry/Exit System (EES), the Visa Information System (VIS), the Europol data, the Schengen Information System (SIS), the Eurodac and the European Criminal Records Information System (ECRIS) should have to be established. However this interoperability can only be fully ensured once the proposals to establish the EES33 , the ECRIS34 and the recast proposal of the Eurodac Regulation35 have been adopted. _________________ 33 Proposal for a Regulation of the European Parliament and of the Council establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes and amending Regulation (EC) No 767/2008 and Regulation (EU) COM(2016) 194 final. 34 Proposal for a Directive of the European Parliament and of the Council amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA. 35 Proposal for a Regulation of the European Parliament and of the Council on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of [Regulation (EU) No 604/2013 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] , for identifying an illegally staying third- country national or stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes (recast) COM(2016) 272 final.
2017/10/04
Committee: LIBE
Amendment 318 #
Proposal for a regulation
Recital 50 – indent 5
- to further specify the security, or irregular migration or public health risks to be used for the establishment of the risk indicators.
2017/10/04
Committee: LIBE
Amendment 335 #
Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes a 'European Travel Information and Authorisation System' (ETIAS) for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement') enabling to determine whether their presence in the territory of the Member States does not pose an irregular migration, or security or public health risk. For this purpose a travel authorisation and the conditions and procedures to issue or refuse it are introduced.
2017/10/04
Committee: LIBE
Amendment 358 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
(e) 'public health risk' means threat to public health as defined in Article 2(21) of Regulation (EU) 2016/399;deleted
2017/10/04
Committee: LIBE
Amendment 384 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
(c) contribute to the protection of public health by providing for an assessment of whether the applicant poses a public health risk within the meaning of Article 3(1)(e) prior to their arrival at the external borders crossing points;deleted
2017/10/04
Committee: LIBE
Amendment 399 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
(c) defining, testing, implementing, evaluating and revising the specific risk indicators as referred to in Article 28 after consultation of the ETIAS Screening Board and the ETIAS Ethics Board ;
2017/10/04
Committee: LIBE
Amendment 402 #
Proposal for a regulation
Article 7 – paragraph 2 – point d
(d) carrying out regular audits on the processing of applications and on the implementation of the provisions of Article 28 including regularly assessing their impact on fundamental rights, in particular with regard to privacy and personal data protection.deleted
2017/10/04
Committee: LIBE
Amendment 431 #
Proposal for a regulation
Article 9 a (new)
Article 9a The ETIAS Ethics Board 1. An independent ETIAS Ethics Board with an advisory and audit function is hereby established. It shall be composed of the Fundamental Rights Officer of the European Border and Coast Guard Agency, a representative of the consultative forum on fundamental rights of the European Border and Coast Guard Agency, a representative of the EDPS, a representative of the European Data Protection Board and a representative of the Fundamental Rights Agency. 2. The ETIAS Ethics Board shall be consulted by the Central Unit, when defining, modifying, adding, and deleting the risk indicators, according with the provisions of Article 28. 3. The ETIAS Ethics Board shall carry out regular audits on the processing of applications and on the implementation of the provisions of Article 28, including regularly assessing their impact on fundamental rights, in particular with regard to privacy, personal data protection and non-discrimination. 4. The ETIAS Ethics Board shall meet whenever necessary, and at least twice a year. The costs and servicing of its meetings shall be borne by the European Border and Coast Guard Agency. The secretariat shall be provided by the European Border and Coast Guard Agency. The ETIAS Ethics Board shall adopt rules of procedure at its first meeting by a simple majority of its members. 5. The Members of the ETIAS Ethics Board shall be invited to attend the meetings of the ETIAS Screening Board in an advisory function. They shall have access to all ETIAS related information and premises. 6. The ETIAS Ethics Board shall present an annual public report. It shall also report in writing and orally at least annually to the European Parliament. Classification shall not preclude information being made to the European Parliament. Where necessary, the provisions of Article 50 of Regulation (EU) 2016/1624 shall apply.
2017/10/04
Committee: LIBE
Amendment 448 #
Proposal for a regulation
Article 12 – paragraph 1
Processing of personal data within the ETIAS Information System by any user shall not result in discrimination against third country nationals on the grounds of sex, racial or ethnic origin, religion or beliefe, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. It shall fully respect human dignity and integrity. Particular attention shall be paid to children, the elderly and persons with a disability.
2017/10/04
Committee: LIBE
Amendment 456 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
2a. Applications may be lodged in the Member States’ consulates or the European Union delegations in the third countries listed in Annex II to Council Regulation (EC) No 539/2001, in the following cases : (a) the applicant was not able to lodge an application by filling in the online application form, for reasons related to age, disability, digital skills or access to the technology required to fill in the online application form; (b) the applicant was not able to lodge an application by filling in the online application form in advance, and where the travel is justified by urgent reasons, this being proven by documents substantiating unforeseeable and imperative reasons for entry.
2017/10/04
Committee: LIBE
Amendment 462 #
Proposal for a regulation
Article 14 – paragraph 4
4. Where the official language(s) of the countries listed in Annex II of Council Regulation (EC) No 539/2001 do not correspond to the languages referred to in paragraph 3, factsheets with explanatory information concerning the content and the use of the public website and the mobile app for mobile devices and explanatory informationapplication lodging procedures and step-by-step information on the application form shall be made available in at least one of the official languages of the countries referred to.
2017/10/04
Committee: LIBE
Amendment 478 #
Proposal for a regulation
Article 15 – paragraph 2 – point h
(h) education (level and field);deleted
2017/10/04
Committee: LIBE
Amendment 482 #
Proposal for a regulation
Article 15 – paragraph 2 – point i
(i) current occupation;deleted
2017/10/04
Committee: LIBE
Amendment 495 #
Proposal for a regulation
Article 15 – paragraph 3
3. The applicant shall choose the level and field of education, the current occupation and the job title from a predetermined list. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to lay down these predetermined lists.deleted
2017/10/04
Committee: LIBE
Amendment 502 #
Proposal for a regulation
Article 15 – paragraph 4 – point a
(a) whether the applicant is subject to any disease with epidemic potential as defined by the International Health Regulations of the World Health Organisation or other infectious or contagious parasitic diseases;deleted
2017/10/04
Committee: LIBE
Amendment 507 #
Proposal for a regulation
Article 15 – paragraph 4 – point b
(b) whether he or she has ever been convicted of any criminal offence in any countrylisted in the Annex over the last ten years;
2017/10/04
Committee: LIBE
Amendment 513 #
Proposal for a regulation
Article 15 – paragraph 4 – point d
(d) regarding any decision requiring him or her to leave the territory of a Member State or of any other country or whether he or she was subject to any return decision issued over the last ten years.deleted
2017/10/04
Committee: LIBE
Amendment 528 #
Proposal for a regulation
Article 15 – paragraph 8
8. On submission of the application form, the ETIAS Information System shall collect the IP address from which the application form was submitted.deleted
2017/10/04
Committee: LIBE
Amendment 588 #
Proposal for a regulation
Article 20 – paragraph 3 a (new)
3a. Pursuant to Article 18(2)(b) and (m), if a hit occurs on the TDAWN or the SLTD information systems, caused by an alert coming from any third country, the ETIAS Central Unit shall verify the accuracy of the hit and whether the notice associated to a travel document or the reporting of a travel document as lost, stolen or invalidated, were justified.
2017/10/04
Committee: LIBE
Amendment 648 #
Proposal for a regulation
Article 22 – paragraph 5
5. Where the automated processing laid down in Article 18(3) has reported that the applicant replied affirmatively to one of the questions referred to in Article 15(4), the ETIAS National Unit of the responsible Member State shall assess the irregular migration, or security or public health risk and decide whether to issue or refuse a travel authorisation.
2017/10/04
Committee: LIBE
Amendment 656 #
Proposal for a regulation
Article 22 – paragraph 7
7. Where the automated processing laid down in Article 18(5) has reported a hit, the ETIAS National Unit of the responsible Member State shall assess the irregular migration, or security or public health risk and decide whether to issue or refuse a travel authorisation.
2017/10/04
Committee: LIBE
Amendment 672 #
Proposal for a regulation
Article 23 – paragraph 4
4. In exceptional circumstances, the ETIAS National Unit may invite the applicant for an interview at a consulate in his or her country of residence, or use modern means of communication to carry out an interview with the applicant.
2017/10/04
Committee: LIBE
Amendment 692 #
Proposal for a regulation
Article 25 – paragraph 3
3. In any case, Europol shall not have access to the personal data concerning the education of the applicant as referred to in Article 15(2)(h) and the health of the applicant as referred to in Article 15(4)(a).deleted
2017/10/04
Committee: LIBE
Amendment 715 #
Proposal for a regulation
Article 28 – paragraph 1
1. The ETIAS screening rules shall be an algorithm enabling the comparison between the data recorded in an application file of the ETIAS Central System and specific risk indicators pointing to irregular migration, or security or public health risks. The ETIAS screening rules shall be registered in the ETIAS Central System.
2017/10/04
Committee: LIBE
Amendment 720 #
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
2. The irregular migration, or security or public health risks shall be determined on the basis of:
2017/10/04
Committee: LIBE
Amendment 726 #
Proposal for a regulation
Article 28 – paragraph 2 – point b
(b) statistics generated by the ETIAS in accordance with Article 73 indicating abnormal rates of refusals of travel authorisations due to an irregular migration, or security or public health risk associated with a specific group of travellers;
2017/10/04
Committee: LIBE
Amendment 730 #
Proposal for a regulation
Article 28 – paragraph 2 – point f
(f) information concerning specific public health risks provided by Member States as well as epidemiological surveillance information and risk assessments provided by the European Centre for Disease Prevention and Control (ECDC).deleted
2017/10/04
Committee: LIBE
Amendment 735 #
Proposal for a regulation
Article 28 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to further specify the irregular migration, or security or public health risks referred to in paragraph 2.
2017/10/04
Committee: LIBE
Amendment 738 #
Proposal for a regulation
Article 28 – paragraph 4 – point c
(c) education level;deleted
2017/10/04
Committee: LIBE
Amendment 741 #
Proposal for a regulation
Article 28 – paragraph 4 – point d
(d) current occupation.deleted
2017/10/04
Committee: LIBE
Amendment 746 #
Proposal for a regulation
Article 28 – paragraph 5
5. The specific risk indicators shall be targeted and proportionate. They shall in no circumstances be based on a person's race or ethnic origin, political opinions, religion or philosophicalsex, race, colour, ethnic or social origin, genetic features, language, religion or beliefs, trade upolitical or any other opinion, membership, sexual lif of a national minority, property, birth, disability, age or sexual orientation.
2017/10/04
Committee: LIBE
Amendment 748 #
Proposal for a regulation
Article 28 – paragraph 6
6. The specific risk indicators shall be defined, modified, added and deleted by the ETIAS Central Unit after consultation of the ETIAS Screening Board and the ETIAS Ethics Board.
2017/10/04
Committee: LIBE
Amendment 751 #
Proposal for a regulation
Article 29 – paragraph 1
1. The ETIAS watchlist shall consist of data related to persons who are suspected of having committed or taken part in a serious criminal offence or persons regarding whoma there are factual indications or reasonable grounds to believe that they will commit criminalrorist offences.
2017/10/04
Committee: LIBE
Amendment 755 #
Proposal for a regulation
Article 29 – paragraph 2 – point b
(b) information related to terrorist offences or other serious criminal offences provided by Member States; Member States are accountable of the information they provide and their accuracy.
2017/10/04
Committee: LIBE
Amendment 756 #
Proposal for a regulation
Article 29 – paragraph 2 – point c
(c) information related to terrorist offences or other serious criminal offences obtained through international cooperation.deleted
2017/10/04
Committee: LIBE
Amendment 757 #
Proposal for a regulation
Article 29 – paragraph 3 – introductory part
3. On the basis of the information referred to in paragraph 2 and relevant Europol data, Europol shall establish the ETIAS watchlist composed of items consisting of one or moreat least two of the following data elements:
2017/10/04
Committee: LIBE
Amendment 759 #
Proposal for a regulation
Article 29 – paragraph 3 – point g
(g) IP address.deleted
2017/10/04
Committee: LIBE
Amendment 763 #
Proposal for a regulation
Article 29 a (new)
Article 29a Establishment of the Watchlist Before inserting data elements in the Watchlist, Europol shall carry a thorough assessment of the reasons for insertion and verify it is necessary and proportionate. When the data elements are inserted on the basis of information provided by a Member State, this Member State shall have determined whether the information is adequate, accurate and important enough to be part of the Watchlist. Member States and Europol shall be accountable for the accuracy of the data elements in the Watchlist and their up-to- dateness.
2017/10/04
Committee: LIBE
Amendment 764 #
Proposal for a regulation
Article 29 b (new)
Article 29b Review procedure of the ETIAS Watchlist Europol shall foresee a procedure to review and verify regularly the accuracy of the data elements present in the Watchlist. The Member states having provided information related to terrorist offences or other serious criminal offences shall be associated to the review procedure.
2017/10/04
Committee: LIBE
Amendment 765 #
Proposal for a regulation
Article 29 c (new)
Article 29c Withdrawing data from the ETIAS Watchlist Europol shall ensure the data items in the Watchlist are accurate and up-to-date. Following the review procedure, items of data shall be withdrawn from the Watchlist if it is proven that the reasons they were inserted are no longer met, or that the data elements are obsolete or not up-to-date.
2017/10/04
Committee: LIBE
Amendment 773 #
Proposal for a regulation
Article 30 – paragraph 1
1. Where the examination of an application pursuant to the procedures laid down in Chapters III, IV and V indicates that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the Member States poses an irregular migration, or security or public health risk, a travel authorisation shall be issued by the ETIAS Central System or the ETIAS National Unit of the responsible Member State.
2017/10/04
Committee: LIBE
Amendment 797 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point d
(d) poses a public health risk;deleted
2017/10/04
Committee: LIBE
Amendment 803 #
Proposal for a regulation
Article 31 – paragraph 2
2. Applicants who have been refused a travel authorisation shall have the right to appeal. Appeal and to an effective remedy. Appeals and remedies shall be conducted in the Member State that has taken the decision on the application and in accordance with the national law of that Member State. Appeals and remedies shall be supervised by a judicial body. The ETIAS National Unit of the responsible Member State shall provide applicants with information regarding the procedure to be followed in the event of an appeal or a remedy.
2017/10/04
Committee: LIBE
Amendment 815 #
Proposal for a regulation
Article 32 – paragraph 2 – point c
(c) the detailed and specific ground(s) for refusal of the travel authorisation, as laid down in Article 31(1); This information shall be sufficient for applicants to formulate meaningful appeals and remedies.
2017/10/04
Committee: LIBE
Amendment 819 #
Proposal for a regulation
Article 32 – paragraph 2 – point d
(d) information on the procedure to be followed for an appeal or a remedy.
2017/10/04
Committee: LIBE
Amendment 825 #
Proposal for a regulation
Article 33 – paragraph 1 – point e
(e) the detailed and specific ground(s) for refusal of the travel authorisation as laid down in Article 31(1).
2017/10/04
Committee: LIBE
Amendment 830 #
Proposal for a regulation
Article 34 – paragraph 3
3. A person whose travel authorisation has been annulled shall have the right to appeal. Appeal and to an effective remedy. Appeals and remedies shall be conducted in the Member State that has taken the decision on the annulment in accordance with the national law of that Member State.
2017/10/04
Committee: LIBE
Amendment 838 #
Proposal for a regulation
Article 35 – paragraph 5
5. An applicant whose travel authorisation has been revoked shall have the right to appeal. Appeal and to an effective remedy. Appeals and remedies shall be conducted in the Member State that has taken the decision on the revocation and in accordance with the national law of that Member State.
2017/10/04
Committee: LIBE
Amendment 840 #
Proposal for a regulation
Article 36 – paragraph 1 – point c
(c) the detailed and specific ground(s) for the annulment or revocation of the travel authorisation, as laid down in Article 31(1); This information shall be sufficient for applicants to formulate meaningful appeals and remedies.
2017/10/04
Committee: LIBE
Amendment 842 #
Proposal for a regulation
Article 36 – paragraph 1 – point d
(d) information on the procedure to be followed for an appeal or a remedy.
2017/10/04
Committee: LIBE
Amendment 846 #
Proposal for a regulation
Article 37 – paragraph 2
2. The application file shall also indicate the detailed and specific ground(s) for annulment or revocation as laid down in Article 31(1).
2017/10/04
Committee: LIBE
Amendment 850 #
Proposal for a regulation
Article 38 – paragraph 1
1. A travel authorisation with limited territorial validity may be issued exceptionally, when the Member State or Member States concerned considers it necessary on humanitarian grounds, for reasons of national interest or because of international obligations notwithstanding the fact that the manual assessment process pursuant to Article 22 is not yet completed or that a travel authorisation has been refused, annulled or revoked.
2017/10/04
Committee: LIBE
Amendment 854 #
Proposal for a regulation
Article 38 – paragraph 2
2. For the purposes of paragraph 1, the applicant may apply for a travel authorisation with limited territorial validity to the Member States to which he or she intends to travel. He or she and shall indicate the humanitarian grounds, the reasons of national interest or the international obligations in his or her application.
2017/10/04
Committee: LIBE
Amendment 855 #
Proposal for a regulation
Article 38 – paragraph 3
3. The Member State to which the third country national intends to travel first shall be the Member State responsible for deciding whether to issue or refuse a travel authorisation with limited territorial validity.
2017/10/04
Committee: LIBE
Amendment 859 #
Proposal for a regulation
Article 38 – paragraph 4
4. A travel authorisation with limited territorial validity shall be valid for the territory of the issuing Member States concerned and for a maximum of 1530 days.
2017/10/04
Committee: LIBE
Amendment 916 #
Proposal for a regulation
Article 45 – paragraph 1 – point b
(b) access for consultation is necessary in aand proportionate in the specific case;
2017/10/04
Committee: LIBE
Amendment 919 #
Proposal for a regulation
Article 45 – paragraph 1 – point c
(c) reasonable groundssubstantial evidence exists to consider that the consultation of data stored in the ETIAS Central System maywill substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under the category of third country nationals covered by this Regulation;
2017/10/04
Committee: LIBE
Amendment 932 #
Proposal for a regulation
Article 46 – paragraph 2 – point b
(b) the consultation is necessary in aand proportionate in the specific case;
2017/10/04
Committee: LIBE
Amendment 1001 #
Proposal for a regulation
Article 61 – paragraph 1 – point b
(b) information concerning the website and the mobile application for a web device where the application can be launched, and the exceptional lodging procedures in Member States consulates or EU Delegations in third countries listed in Annex II to Council Regulation (EC) No 539/2001;
2017/10/04
Committee: LIBE
Amendment 1004 #
Proposal for a regulation
Article 61 – paragraph 1 – point d
(d) that decisions on applications must be notified to the applicant, that such decisions must state clearly, where relevant, the reasons for refusal on which they are based and that applicants whose applications are refused have a right to appeal and to an effective remedy, with information regarding the procedure to be followed in the event of an appeal or a remedy, including the competent authority, as well as the time limit for lodging an appeal or a remedy;
2017/10/04
Committee: LIBE
Amendment 1010 #
2. The infrastructures supporting the public website, the mobile app and the carrier gateway shall be hosted in eu-LISA' sites or in Commission sites. These infrastructures shall be geographically distributed to provide the functionalities laid down in this Regulation in accordance with the conditions of data protection by design and default, security, availability, quality and speed laid down in paragraph 3.
2017/10/04
Committee: LIBE
Amendment 1023 #
Proposal for a regulation
Article 64 – paragraph 1 – subparagraph 1
Following the entry into operations of the ETIAS, eu-LISA shall be responsible for the technical management of the Central System and, the National Uniform Interfaces and the ETIAS Watchlist. It shall ensure, in cooperation with the Member States, at all times the best available technology, subject to a cost- benefit analysis. eu-LISA shall also be responsible for the technical management of the Communication Infrastructure between the Central system and the National Uniform Interfaces as well as for the public website, the mobile app for mobile devices, the email service, the secure account service, the carrier gateway, the web service and the software to process the applications referred to in Article 6.
2017/10/04
Committee: LIBE
Amendment 1039 #
Proposal for a regulation
Article 73 – paragraph 1 – point d
(d) education;deleted
2017/10/04
Committee: LIBE
Amendment 1042 #
Proposal for a regulation
Article 73 – paragraph 1 – point e
(e) current occupation (domain), job title;deleted
2017/10/04
Committee: LIBE
Amendment 1047 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 1
For the purpose of paragraph 1, eu-LISA shall, according to the principles of data protection by design and by default, establish, implement and host a central repository containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics to improve the assessment of the irregular migration, and security and health risks, to enhance the efficiency of border checks, to help the ETIAS Central Unit processing the travel authorisation applications and to support evidence-based Union migration policymaking. The repository shall also contain daily statistics on the data referred to in paragraph 4. Access to the central repository shall be granted by means of secured access through S-TESTA with control of access and specific user profiles solely for the purpose of reporting and statistics.
2017/10/04
Committee: LIBE
Amendment 1076 #
Proposal for a regulation
Article 81 – paragraph 2
2. By [Six months after the entry into force of this Regulation – OPOCE, please replace with the actual date] and every six months thereafter during the development phase of the ETIAS Information System, eu-LISA shall submit a report to the European Parliament and the Council on the state of play of the development of the Central System, the Uniform Interfaces and the Communication Infrastructure between the Central System and the Uniform Interfaces. Once the development is finalised, a report shall be submitted to the European Parliament and, the Council and the EDPS explaining in detail how the objectives, in particular relating to planning and costs, were achieved as well as justifying any divergences.
2017/10/04
Committee: LIBE
Amendment 1090 #
Proposal for a regulation
Article 81 – paragraph 8 – subparagraph 2
Member States’ and Europol’s annual reports shall be transmitted to the Commission and the European Parliament by 30 June of the subsequent year.
2017/10/04
Committee: LIBE
Amendment 1091 #
Proposal for a regulation
Annex 1 a (new)
Annex 1a List of criminal offences referred to in Article 15(4)(b) 1. terrorist offences 2. participation in a criminal organisation, 3. trafficking in human beings, 4. sexual exploitation of children and child pornography, 5. illicit trafficking in narcotic drugs and psychotropic substances, 6. illicit trafficking in weapons, munitions and explosives, 7. corruption, 8. fraud, including that against the financial interests of the Union, 9. laundering of the proceeds of crime and counterfeiting of currency, including the euro, 10. computer-related crime/cybercrime, 11. environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties, 12. facilitation of unauthorised entry and residence, 13. murder, grievous bodily injury, 14. illicit trade in human organs and tissue, 15. kidnapping, illegal restraint and hostage-taking, 16. organised and armed robbery, 17. illicit trafficking in cultural goods, including antiques and works of art, 18. counterfeiting and piracy of products, 19. forgery of administrative documents and trafficking therein, 20. illicit trafficking in hormonal substances and other growth promoters, 21. illicit trafficking in nuclear or radioactive materials, 22. rape, 23. crimes within the jurisdiction of the International Criminal Court, 24. unlawful seizure of aircraft/ships, 25. sabotage, 26. trafficking in stolen vehicles, 27. industrial espionage, 28. arson, 29. racism and xenophobia.
2017/10/04
Committee: LIBE