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Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 767/2008, Regulation (EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399, Regulation XX/2018 [Interoperability Regulation], and Decision 2004/512/EC and repealing Council Decision 2008/633/JHA - Outcome of the European Parliament's first reading, (Strasbourg, 11 to 14 March 2019)

1.

Tekst

Council of the European Union

Brussels, 21 March 2019 (OR. en)

7401/19

Interinstitutional File: 2018/0152(COD)

CODEC 657 VISA 57 FRONT 104 MIGR 31 DAPIX 100 COMIX 157 SIRIS 47 PE 84

INFORMATION NOTE

From: General Secretariat of the Council

To: Permanent Representatives Committee/Council

Subject: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND

OF THE COUNCIL amending Regulation (EC) No 767/2008, Regulation (EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399, Regulation XX/2018 [Interoperability Regulation], and Decision 2004/512/EC and repealing Council Decision 2008/633/JHA

  • Outcome of the European Parliament's first reading,

    (Strasbourg, 11 to 14 March 2019)

  • I. 
    INTRODUCTION

The rapporteur, Carlos COELHO (EPP, PT), presented a report on the proposal for a Regulation on

behalf of the Committee on Civil Liberties, Justice and Home Affairs. The report contained 251

amendment(s) (amendments number 1-251) to the proposal.

In addition, the Greens/EFA political group tabled 3 amendment(s) (amendments number 252 -

254).

II. VOTE

When it voted on 13 March 2019, the plenary adopted amendments 1-251 and amendment 253

(second part) to the proposal for a Regulation. No other amendments were adopted.

The Commission's proposal as thus amended constitutes the Parliament's first-reading position

which is contained in its legislative resolution as set out in the Annex hereto 1 .

1 The version of the Parliament's position in the legislative resolution has been marked up to indicate the changes made by the amendments to the Commission's proposal. Additions to the Commission's text are highlighted in bold and italics. The symbol " ▌" indicates deleted text.

ANNEX 13.3.2019

Visa Information System ***I

European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 767/2008,

Regulation (EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399,

Regulation XX/2018 [Interoperability Regulation], and Decision 2004/512/EC and repealing Council Decision 2008/633/JHA (COM(2018)0302 – C8-0185/2018 – 2018/0152(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2018)0302),

– having regard to Article 294(2) and Article 16(2), Article 77(2)(a), (b), (d) and (e), Article

78(2)(d), (e) and (g), Article 79(2)(c) and (d), Article 87(2)(a) and Article 88(2)(a) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0185/2018),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A8-0078/2019),

  • 1. 
    Adopts its position at first reading hereinafter set out;
  • 2. 
    Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
  • 3. 
    Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

Title

Text proposed by the Commission Amendment

Proposal for a Proposal for a

REGULATION OF THE EUROPEAN REGULATION OF THE EUROPEAN

PARLIAMENT AND OF THE COUNCIL PARLIAMENT AND OF THE COUNCIL

amending Regulation (EC) No 767/2008, reforming the Visa Information System by

Regulation (EC) No 810/2009, Regulation amending Regulation (EC) No

(EU) 2017/2226, Regulation (EU) 767/2008,Regulation (EC) No 810/2009,

2016/399, Regulation XX/2018 Regulation (EU) 2017/2226, Regulation

[Interoperability Regulation], and Decision (EU)2016/399, Regulation XX/2018

2004/512/EC and repealing Council [Interoperability Regulation], and

Decision 2008/633/JHA repealing Decision 2004/512/EC and

Council Decision 2008/633/JHA

Amendment 2

Proposal for a regulation

Recital 1

Text proposed by the Commission Amendment

  • (1) 
    The Visa Information System (VIS) (1) The Visa Information System (VIS) was established by Council Decision was established by Council Decision

2004/512/EC 41 to serve as the technology 2004/512/EC 41 to serve as the technology

solution to exchange visa data between solution to exchange visa data between Member States. Regulation (EC) No Member States. Regulation (EC) No 767/2008 of the European Parliament and 767/2008 of the European Parliament and of the Council 42 laid down the VIS of the Council 42 laid down the VIS purpose, functionalities and purpose, functionalities and responsibilities, as well as the conditions responsibilities, as well as the conditions and procedures for the exchange of shortand procedures for the exchange of shortstay visa data between Member States to stay visa data between Member States to facilitate the examination of short-stay visa facilitate the examination of short-stay visa applications and related decisions. applications and related decisions. Regulation (EC) No 810/2009 of the Regulation (EC) No 810/2009 of the

European Parliament and of the Council 43 European Parliament and of the Council 43

set out the rules on the registration of sets out the rules on the registration of biometric identifiers in the VIS. Council biometric identifiers in the VIS. Council

Decision 2008/633/JHA 44 laid down the Decision 2008/633/JHA 44 laid down the

conditions under which Member States’ conditions under which Member States’ designated authorities and Europol may designated authorities and Europol may obtain access to consult the VIS for the obtain access to consult the VIS for the purposes of preventing, detecting and purposes of preventing, detecting and investigating terrorist offences and other investigating terrorist offences and other serious criminal offences. serious criminal offences. The VIS started

operations on 11 October 2011 44a and was gradually rolled out in all Member States'

consulates around the world between October 2011 and February 2016.

__________________ __________________

41 Council Decision 2004/512/EC of 8 June 41 Council Decision 2004/512/EC of 8 June 2004 establishing the Visa information 2004 establishing the Visa information

System (VIS) (OJ L 213, 15.6.2004, p. 5). System (VIS) (OJ L 213, 15.6.2004, p. 5).

42 Regulation (EC) No 767/2008 of the 42 Regulation (EC) No 767/2008 of the

European Parliament and of the Council of European Parliament and of the Council of 9 July 2008 concerning the Visa 9 July 2008 concerning the Visa

Information System (VIS) and the echange Information System (VIS) and the of data between Member States on shortexchange of data between Member States stay visas (VIS Regulation) (OJ L 218, on short-stay visas (VIS Regulation) (OJ L

13.8.2008, p. 60). 218, 13.8.2008, p. 60).

43 Regulation (EC) No 810/2009 of the 43 Regulation (EC) No 810/2009 of the

European Parliament and of the Council of European Parliament and of the Council of 13 July 2009 establishing a Community 13 July 2009 establishing a Community

Code on Visas (Visa Code) (OJ L 243, Code on Visas (Visa Code) (OJ L 243,

15.9.2009, p. 1). 15.9.2009, p. 1).

44 Council Decision 2008/633/JHA of 23 44 Council Decision 2008/633/JHA of 23

June 2008 concerning access for June 2008 concerning access for consultation of the Visa Information consultation of the Visa Information

System (VIS) by designated authorities of System (VIS) by designated authorities of Member States and by Europol for the Member States and by Europol for the purposes of the prevention, detection and purposes of the prevention, detection and investigation of terrorist offences and of investigation of terrorist offences and of other serious criminal offences (OJ L 218, other serious criminal offences (OJ L 218,

13.8.2008, p. 129). 13.8.2008, p. 129).

44a Commission Implementing Decision 2011/636/EU of 21 September 2011determining the date from which the Visa Information System (VIS) is to start operations in a first region (OJ L 249, 27.9.2011, p. 18).

Amendment 3

Proposal for a regulation

Recital 3

Text proposed by the Commission Amendment

  • (3) 
    The Communication of the (3) The Communication of the Commission of 6 April 2016 entitled Commission of 6 April 2016 entitled 'Stronger and Smarter Information Systems 'Stronger and Smarter Information Systems

for Borders and Security' 46 outlined the for Borders and Security' 46 outlined the

need for the EU to strengthen and improve need for the EU to strengthen and improve its IT systems, data architecture and its IT systems, data architecture and information exchange in the area of border information exchange in the area of border management, law enforcement and management, law enforcement and counter-terrorism and emphasised the need counter-terrorism and emphasised the need to improve the interoperability of IT to improve the interoperability of IT systems. The Communication also systems. The Communication also identified a need to address information identified a need to address information gaps, including on third country nationals gaps, including on third country nationals holding a long-stay visa. holding a long-stay visa given that Article 21 of the Convention implementing the Schengen Agreement provides a right to free movement within the territory of the States parties to the Agreement for a period of not more than 90 days in any 180 days, by instituting the mutual recognition of the residence permits and long-stay visas issued by these States. The Commission therefore conducted two studies: the first feasibility study 46a concluded that developing a repository would be technically feasible and that reusing the VIS structure would be the best technical option, whereas the second study 46b conducted an analysis of necessity and proportionality and concluded that it would be necessary and proportionate to extend the scope of VIS to include the documents mentioned above.

__________________ __________________

46 COM(2016)0205. 46 COM(2016)0205.

46a ''Integrated Border Management (IBM) – Feasibility Study to include in a repository documents for Long-Stay visas, Residence and Local Border Traffic Permits'' (2017).

46b ''Legal analysis on the necessity and proportionality of extending the scope of the Visa Information System (VIS) to include data on long stay visas and residence documents'' (2018).

Amendment 4

Proposal for a regulation

Recital 4

Text proposed by the Commission Amendment

  • (4) 
    The Council endorsed a Roadmap to deleted enhance information exchange and information management 47 on 10 June 2016. In order to address the existing information gap in the documents issued to third-country nationals, the Council invited the Commission to assess the establishment of a central repository of residence permits and long-stay visas issued by Member States, to store information on these documents, including on expiry dates and on their possible withdrawal. Article 21 of the Convention implementing the Schengen Agreement provides a right to free movement within the territory of the states party to the Agreement for a period of not more than 90 days in any 180 days, by instituting the mutual recognition of the residence permits and long stay visas issued by these States.

__________________

47 Roadmap to enhance information exchange and information management including interoperability solutions in the Justice and Home Affairs area (9368/1/16 REV 1).

Amendment 5

Proposal for a regulation

Recital 5

Text proposed by the Commission Amendment

  • (5) 
    In Council Conclusions of 9 June deleted 2017 on the way forward to improve information exchange and ensure the interoperability of EU information systems 48 , the Council acknowledged that new measures might be needed in order to fill the current information gaps for border management and law enforcement, in relation to border crossings by holders of long-stay visas and residence permits. The Council invited the Commission to undertake a feasibility study as a matter of priority for the establishment of a central EU repository containing information on long-stay visas and residence permits. On this basis, the Commission conducted two studies: the first feasibility study 49 concluded that developing a repository would be technically feasible and that reusing the VIS structure would be the best technical option, whereas the second study 50 conducted an analysis of necessity and proportionality and concluded that it would be necessary and proportionate to extend the score of VIS to include the documents mentioned above.

__________________

48 Council Conclusions on the way forward to improve information exchange and ensure the interoperability of EU information systems (10151/17).

49 ''Integrated Border Management (IBM) – Feasibility Study to include in a repository documents for Long-Stay visas, Residence and Local Border Traffic Permits'' (2017).

50 ''Legal analysis on the necessity and proportionality of extending the scope of the Visa Information System (VIS) to include data on long stay visas and residence documents'' (2018).

Amendment 6

Proposal for a regulation

Recital 8

Text proposed by the Commission Amendment

  • (8) 
    When adopting Regulation (EC) No (8) When adopting Regulation (EC) No 810/2009, it was recognised that the issue 810/2009, it was recognised that the issue of the sufficient reliability for identification of the sufficient reliability for identification and verification purposes of fingerprints of and verification purposes of fingerprints of children under the age of 12 and, in children under the age of 12 and, in particular, how fingerprints evolve with particular, how fingerprints evolve with age, would have to be addressed at a later age, would have to be addressed at a later stage, on the basis of the results of a study stage, on the basis of the results of a study carried out under the responsibility of the carried out under the responsibility of the

Commission. A study 53 carried out in 2013 53 Commission. A study carried out in 2013

by the Joint Research Centre concluded by the Joint Research Centre concluded that fingerprint recognition of children that fingerprint recognition of children aged between 6 and 12 years is achievable aged between 6 and 12 years is achievable with a satisfactory level of accuracy under with a satisfactory level of accuracy under

54

certain conditions. A second study 54 certain conditions. A second study confirmed this finding in December 2017 confirmed this finding in December 2017 and provided further insight into the effect and provided further insight into the effect of aging over fingerprint quality. On this of aging over fingerprint quality. On this basis, the Commission conducted in 2017 a basis, the Commission conducted in 2017 a further study looking into the necessity and further study looking into the necessity and proportionality of lowering the proportionality of lowering the fingerprinting age for children in the visa fingerprinting age for children in the visa

procedure to 6 years. This study 55 found procedure to 6 years. This study 55 found

that lowering the fingerprinting age would that lowering the fingerprinting age would contribute to better achieving the VIS contribute to better achieving the VIS objectives, in particular in relation to the objectives, in particular in relation to the facilitation of the fight against identity facilitation of the fight against identity fraud, facilitation of checks at external fraud, facilitation of checks at external border crossing points, and could bring border crossing points, and could bring additional benefits by strengthening the additional benefits by strengthening the prevention and fight against children's prevention and fight against children's rights abuses, in particular by enabling the rights abuses, in particular by enabling the identification/verification of identity of identification/verification of identity of third-country national (TCN) children who third-country national (TCN) children who are found in Schengen territory in a are found in Schengen territory in a situation where their rights may be or have situation where their rights may be or have been violated (e.g. child victims of been violated (e.g. child victims of trafficking in human beings, missing trafficking in human beings, missing children and unaccompanied minors children and unaccompanied minors applying for asylum). applying for asylum). At the same time, children are a particularly vulnerable group and collecting special categories of data, such as fingerprints, from them should be subject to stricter safeguards and a limitation of the purposes for which these data may be used to situations where it is in the child’s best interests, including by limiting the retention period for data storage. The second study also identified that fingerprints of persons above 70 years of age are of low quality and medium accuracy. The Commission and Member States should cooperate in exchanging best practices and address those shortcomings.

__________________ __________________

53 Fingerprint Recognition for Children 53 Fingerprint Recognition for Children (2013 - EUR 26193). (2013 - EUR 26193).

54 "Automatic fingerprint recognition: from 54 "Automatic fingerprint recognition: from

children to elderly" (2018 – JRC). children to elderly" (2018 – JRC).

55 ''Feasibility and implications of lowering 55 ''Feasibility and implications of lowering the fingerprinting age for children and on the fingerprinting age for children and on storing a scanned copy of the visa storing a scanned copy of the visa applicant's travel document in the Visa applicant's travel document in the Visa Information System (VIS)'' (2018). Information System (VIS)'' (2018).

Amendment 7

Proposal for a regulation

Recital 10

Text proposed by the Commission Amendment

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

Amendment 8

Proposal for a regulation

Recital 11

Text proposed by the Commission Amendment

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

Amendment 9

Proposal for a regulation

Recital 12

Text proposed by the Commission Amendment

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

    (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment 10

Proposal for a regulation

Recital 13

Text proposed by the Commission Amendment

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

Amendment 11

Proposal for a regulation

Recital 14

Text proposed by the Commission Amendment

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

Amendment 12

Proposal for a regulation

Recital 15

Text proposed by the Commission Amendment

  • (15) 
    The comparison against other (15) The comparison against other databases should be automated. Whenever databases should be automated. Whenever such comparison reveals that a such comparison reveals that a correspondence (a 'hit') exists with any of correspondence (a 'hit') exists with any of the personal data or combination thereof in the personal data or combination thereof in the applications and a record, file or alert in the applications and a record, file or alert in the above information systems, or with the above information systems, or with personal data in the watchlist, the personal data in the watchlist, the application should be processed manually application should be, where the hit by an operator in the responsible authority. cannot be automatically confirmed by The assessment performed by the VIS, processed manually by an operator in responsible authority should lead to the the responsible authority. Depending on decision to issue or not the short-stay visa. the type of data triggering the hit, the hit should be assessed either by consulates or by a national single point of contact, with the latter being responsible for hits generated in particular bylaw enforcement databases or systems. The assessment performed by the responsible authority should lead to the decision to issue or not the short-stay visa.

Amendment 13

Proposal for a regulation

Recital 18

Text proposed by the Commission Amendment

  • (18) 
    Specific risk indicators (18) Specific risk indicators corresponding to previously identified corresponding to previously identified security, irregular migration or public security, irregular migration or high health risk should be used to analyse the epidemic risks should be used to analyse application file for a short stay visa. The the application file for a short stay visa. criteria used for defining the specific risk The criteria used for defining the specific indicators should in no circumstances be risk indicators should in no circumstances based solely on a person's sex or age. They be based solely on a person's sex or age. shall in no circumstances be based on They shall in no circumstances be based on information revealing a person’s race, information revealing a person’s race, colour, ethnic or social origin, genetic colour, ethnic or social origin, genetic features, language, political or any other features, language, political or any other opinions, religion or philosofical belief, opinions, religion or philosophical belief, trade union membership, membership of a trade union membership, membership of a national minority, property, birth, disability national minority, property, birth, disability or sexual orientation.. or sexual orientation.

Amendment 14

Proposal for a regulation

Recital 19

Text proposed by the Commission Amendment

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

Amendment 15

Proposal for a regulation

Recital 21

Text proposed by the Commission Amendment

  • (21) 
    In order to fulfil their obligation (21) In order to fulfil their obligation

under the Convention implementing the under the Convention implementing the

Schengen Agreement, international carriers Schengen Agreement, international carriers

should be able to verify whether or not should verify whether or not third country

third country nationals holding a short-stay nationals holding a short-stay visa, a long

visa, a long stay visa or a residence permit stay visa or a residence permit are in

are in possession of the required valid possession of the required valid travel

travel documents. This verification should documents by sending a query to VIS.

be made possible through the daily This verification should be made possible

extraction of VIS data into a separate readthrough the daily extraction of VIS data

only database allowing the extraction of a into a separate read-only database allowing

minimum necessary subset of data to the extraction of a minimum necessary

enable a query leading to an ok/not ok subset of data to enable a query leading to

answer. an ok/not ok answer. The application file

itself should not be accessible to carriers.

The technical specifications for accessing

VIS through the carrier gateway should

limit the impact on passenger travel and

carriers to the extent possible. For this

purpose, integration with the EES and

ETIAS should be considered.

Amendment 16

Proposal for a regulation

Recital 21 a (new)

Text proposed by the Commission Amendment

(21a) With a view to limiting the impact of

the obligations set out in this Regulation

on international carriers transporting

groups overland by coach, user-friendly

mobile solutions should be made

available.

Amendment 17

Proposal for a regulation

Recital 21 b (new)

Text proposed by the Commission Amendment

(21b) Within two years following the start of application of this Regulation, the appropriateness, compatibility and coherence of provisions referred to in Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders for the purposes of the VIS provisions for overland transport by coaches should be assessed by the Commission. The recent evolution of overland transport by coaches should be taken into account. The need for amending provisions concerning overland transport by coaches referred to in Article 26 of that Convention or this Regulation should be considered.

Amendment 18

Proposal for a regulation

Recital 23 a (new)

Text proposed by the Commission Amendment

(23a) Biometric data, which in the context of this Regulation entails fingerprints and

facial images are unique and therefore much more reliable than alphanumeric data for the purposes of identifying a person. However, biometric data constitute sensitive personal data. This Regulation thus lays down the basis and safeguards for processing such data for the purpose of uniquely identifying the persons concerned.

Amendment 19

Proposal for a regulation

Recital 28

Text proposed by the Commission Amendment

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

Amendment 20

Proposal for a regulation

Recital 29

Text proposed by the Commission Amendment

  • (29) 
    Comparisons of data on the basis of a (29) Comparisons of data on the basis of a

latent fingerprint, which is the latent fingerprint, which is the

dactyloscopic trace which may be found at dactyloscopic trace which may be found at

a crime scene, is fundamental in the field a crime scene, is fundamental in the field

of police cooperation. The possibility to of police cooperation. The possibility to

compare a latent fingerprint with the compare a latent fingerprint with the

fingerprint data which is stored in the VIS fingerprint data which is stored in the VIS

in cases where there are reasonable in cases where there are reasonable

grounds for believing that the perpetrator grounds for believing that the perpetrator

or victim may be registered in the VIS or victim may be registered in the VIS and

should provide the law enforcement after prior search under Council Decision

authorities of the Member States with a 2008/615/JHA 1a should provide the law

very valuable tool in preventing, detecting enforcement authorities of the Member

or investigating terrorist offences or other States with a very valuable tool in

serious criminal offences, when for preventing, detecting or investigating

example the only evidence at a crime scene terrorist offences or other serious criminal

are latent fingerprints. offences, when for example the only

evidence at a crime scene are latent

fingerprints.

__________________

1a Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of crossborder cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1).

Amendment 21

Proposal for a regulation

Recital 32

Text proposed by the Commission Amendment

  • (32) 
    To protect personal data and to (32) To protect personal data and to exclude systematic searches by law exclude systematic searches by law enforcement, the processing of VIS data enforcement, the processing of VIS data should only take place in specific cases and should only take place in specific cases and when it is necessary for the purposes of when it is necessary for the purposes of preventing, detecting or investigating preventing, detecting or investigating terrorist offences or other serious criminal terrorist offences or other serious criminal offences. The designated authorities and offences. The designated authorities and Europol should only request access to the Europol should only request access to the VIS when they have reasonable grounds to VIS when they have reasonable grounds to believe that such access will provide believe that such access will provide information that will substantially assist information that will substantially assist them in preventing, detecting or them in preventing, detecting or investigating a terrorist offence or other investigating a terrorist offence or other serious criminal offence. serious criminal offence and after prior search under Decision 2008/615/JHA.

Amendment 22

Proposal for a regulation

Recital 32 a (new)

Text proposed by the Commission Amendment

(32a) As a general practice, Member States' end-users carry out searches in relevant national data bases prior or in parallel to querying European databases.

Amendment 23

Proposal for a regulation

Recital 33

Text proposed by the Commission Amendment

  • (33) 
    The personal data of holders of long (33) The personal data of holders of long stay documents stored in the VIS should be stay visas stored in the VIS should be kept kept for no longer than is necessary for the for no longer than is necessary for the purposes of the VIS. It is appropriate to purposes of the VIS. It is appropriate to keep the data related to third country keep the data related to third country nationals for a period of five years in order nationals for a period of five years in order to enable data to be taken into account for to enable data to be taken into account for the assessment of short-stay visa the assessment of short-stay visa applications, to enable detection of applications, to enable detection of overstay after the end of the validity period overstay after the end of the validity period and in order to conduct security and in order to conduct security assessments of third country nationals who assessments of third country nationals who obtained them. The data on previous uses obtained them. The data on previous uses of a document could facilitate the issuance of a document could facilitate the issuance of future short stay visas. A shorter storage of future short stay visas. A shorter storage period would not be sufficient for ensuring period would not be sufficient for ensuring the stated purposes. The data should be the stated purposes. The data should be erased after a period of five years, unless erased after a period of five years, unless there are grounds to erase them earlier. there are grounds to erase them earlier.

Amendment 24

Proposal for a regulation

Recital 35

Text proposed by the Commission Amendment

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

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.

Amendment 25

Proposal for a regulation

Recital 37

Text proposed by the Commission Amendment

  • (37) 
    The third countries of return are (37) Personal data obtained by a often not subject to adequacy decisions Member State pursuant to this Regulation adopted by the Commission under Article should not be transferred or made 45 of Regulation (EU) 2016/679 or under available to any third country, national provisions adopted to transpose international organisation or private Article 36 of Directive (EU) 2016/680. entity established in or outside the Union. Furthermore, the extensive efforts of the As an exception to that rule, however, it Union in cooperating with the main should be possible to transfer such countries of origin of illegally staying personal data to a third country or to an third-country nationals subject to an international organisation where such a obligation to return has not been able to transfer is subject to strict conditions and ensure the systematic fulfilment by such necessary in individual cases in order to third countries of the obligation assist with the identification of a thirdestablished by international law to readmit country national in relation to his or her their own nationals. Readmission return. In the absence of an adequacy agreements, concluded or being decision by means of implementing act negotiated by the Union or the Member pursuant to Regulation (EU) 2016/679 or States and providing for appropriate of appropriate safeguards to which safeguards for the transfer of data to third transfers are subject pursuant to that countries pursuant to Article 46 of Regulation, it should be possible to Regulation (EU) 2016/679 or to the exceptionally transfer, for the purposes of national provisions adopted to transpose return, VIS data to a third country or to an Article 37 of Directive (EU) 2016/680, international organisation, only where it cover a limited number of such third is necessary for important reasons of countries and conclusion of any new public interest as referred to in that agreement remains uncertain. In such Regulation. 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.

Amendment 26

Proposal for a regulation

Recital 38

Text proposed by the Commission Amendment

  • (38) 
    Member States should make deleted available relevant personal data processed in the VIS, in accordance with the applicable data protection rules and where required in individual cases for carrying out tasks under Regulation (EU) …/… of the European Parliament and the Council 60 ,Union Resettlement Framework Regulation], to the [European Union Asylum Agency] and relevant international bodies such as the United Nations High Commissioner for Refugees, the International Organisation on Migration and to the International Committee of the Red Cross refugee and resettlement operations, in relation to third-country nationals or stateless persons referred by them to Member States in the implementation of Regulation (EU) …/… [the Union Resettlement Framework Regulation].

__________________

60 Regulation (EU) …/… of the European Parliament and the Council [full title] (OJ L …, …, p. …).

Amendment 27

Proposal for a regulation

Recital 39

Text proposed by the Commission Amendment

  • (39) 
    Regulation (EC) No 45/2001 of the (39) Regulation (EU) 2018/1725 of the European Parliament and the Council 61 European Parliament and the Council 61 applies to the activities of the Union applies to the activities of the Union institutions or bodies when carrying out institutions or bodies when carrying out their tasks as responsible for the their tasks as responsible for the operational management of VIS. operational management of VIS.

__________________ __________________

61 Regulation (EC) No 45/2001 of the 61 Regulation (EU) 2018/1725 of the European Parliament and the Council of 18 European Parliament and of the Council of December 2000 on the protection of 23 October 2018 on the protection of individuals with regard to the processing natural persons with regard to the of personal data by the Community processing of personal data by the Union institutions and bodies and on the free institutions, bodies, offices and agencies movement of such data (OJ L 8, 12.1.2001, and on the free movement of such data, p. 1). and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

Amendment 28

Proposal for a regulation

Recital 40

Text proposed by the Commission Amendment

  • (40) 
    The European Data Protection (40) The European Data Protection Supervisor was consulted in accordance Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No with Article 28(2) of Regulation (EC) No 45/2001 and delivered an opinion on 45/2001 and delivered an opinion on 12 December 2018.

Amendment 29

Proposal for a regulation

Recital 43

Text proposed by the Commission Amendment

  • (43) 
    Without prejudice to Member States’ (43) Without prejudice to Member States’

responsibility for the accuracy of data responsibility for the accuracy of data

entered into VIS, eu-LISA should be entered into VIS, eu-LISA should be

responsible for reinforcing data quality by responsible for reinforcing data quality by

introducing a central data quality introducing, maintaining and

monitoring tool, and for providing reports continuously upgrading a central data

at regular intervals to the Member States. quality monitoring tool, and for providing

reports at regular intervals to the Member

States.

Amendment 30

Proposal for a regulation

Recital 44

Text proposed by the Commission Amendment

  • (44) 
    In order to allow better monitoring of (44) In order to allow better monitoring of the use of VIS to analyse trends concerning the use of VIS to analyse trends concerning

migratory pressure and border migratory pressure and border management, eu-LISA should be able to management, eu-LISA should be able to develop a capability for statistical reporting develop a capability for statistical reporting to the Member States, the Commission, to the Member States, the Commission, and the European Border and Cost Guard and the European Border and Coast Guard Agency without jeopardising data integrity. Agency without jeopardising data integrity. Therefore, a central statistical repository Therefore, eu-LISA should store certain should be established. None of the statistical data in the central repository for produced statistics should contain personal the purposes of the reporting and data. providing statistics in accordance with [Regulation 2018/XX on interoperability (borders and visa)]. None of the produced statistics should contain personal data.

Amendment 31

Proposal for a regulation

Recital 47 a (new)

Text proposed by the Commission Amendment

(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 Union and its Member States.

Amendment 32

Proposal for a regulation

Article 1 – paragraph 1 – point -1 (new)

Regulation (EC) No 767/2008

Title

Present text Amendment

(-1) The title is replaced by the following:

Regulation (EC) No 767/2008 of the “Regulation (EC) No 767/2008 of the European Parliament and of the Council of European Parliament and of the Council of 9 July 2008 concerning the Visa 9 July 2008 concerning the Visa Information System (VIS) and the Information System (VIS) and the exchange of data between Member States exchange of information between Member on short-stay visas (VIS Regulation)” States on short-stay visas, long-stay visas, and residence permits (VIS Regulation)”;

Amendment 33

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008

Article 2 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

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

Amendment 34

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008

Article 2 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) to facilitate the visa application (a) to facilitate and expedite the visa procedure; application procedure;

Amendment 35

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008

Article 2 – paragraph 1 – point f

Text proposed by the Commission Amendment

(f) to assist in the identification of (f) to assist in the identification of

persons who have gone missing; persons referred to in Article 22o who

have gone missing;

Amendment 36

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008

Article 2 – paragraph 1 – point h

Text proposed by the Commission Amendment

(h) to contribute to the prevention, (h) to contribute to the prevention of

detection and investigation of terrorist threats to the internal security of any of

offences or of other serious criminal the Member States, namely through the

offences; prevention, detection and investigation of

terrorist offences or of other serious

criminal offences in appropriate and

strictly defined circumstances;

Amendment 37

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008

Article 2 – paragraph 1 – point i

Text proposed by the Commission Amendment

(i) to contribute to the prevention of deleted threats to the internal security of any of the Member States;

Amendment 38

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008

Article 2 – paragraph 2 – point a

Text proposed by the Commission Amendment

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

Amendment 39

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008

Article 2 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) enhance the effectiveness of border (b) facilitate checks at external border checks and of checks within the territory; crossing points and enhance the effectiveness of checks within the territory of the Member States;

Amendment 40

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008

Article 2 – paragraph 2 – point c

Text proposed by the Commission Amendment

(c) contribute to the prevention, (c) contribute to the prevention of

detection and investigation of terrorist threats to the internal security of any of

offences or of other serious criminal the Member States, namely through the

offences; prevention, detection and investigation of

terrorist offences or of other serious

criminal offences in appropriate and

strictly defined circumstances;

Amendment 41

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EC) No 767/2008

Article 2 – paragraph 2 – point d a (new)

Text proposed by the Commission Amendment

(da) to assist in the identification of persons referred to in Article 22o who have gone missing;

Amendment 42

Proposal for a regulation

Article 1 – paragraph 1 – point 2 a (new)

Regulation (EC) No 767/2008

Article 2 a (new)

Text proposed by the Commission Amendment

(2a) the following Article is inserted:

“Article 2a Architecture

  • 1. 
    VIS shall be based on a centralised architecture and shall consist of:

(a) the common identity repository established by [Article 17(2)(a) of Regulation 2018/XX on interoperability (borders and visa)];

(b) a central information system (the

‘VIS Central System’);

(c) an interface in each Member State (the ‘national interface’ or ‘NI-VIS’) which shall provide the connection to the relevant central national authority of the respective Member State, or a national uniform interface (NUI) in each Member State based on common technical specifications and identical for all Member States enabling the VIS Central System to connect to the national infrastructures in Member States;

(d) a communication infrastructure between the VIS Central System and the national interfaces;

(e) a secure communication channel between the VIS Central System and the EES Central System;

(f) a secure communication infrastructure between the VIS Central System and the central infrastructures of the European search portal established by [Article 6 of Regulation 2018/XX on interoperability (borders and visa)], shared biometric matching service established by [Article 12 of Regulation 2018/XX on interoperability (borders and visa)], the common identity repository established by [Article 17 of Regulation 2018/XX on interoperability (borders and visa)] and the multiple-identity detector established by [Article 25 of Regulation 2018/XX on interoperability (borders and visa)];

(g) a mechanism of consultation on applications and exchange of information between central visa authorities ('VISMail');

(h) a carrier gateway;

(i) a secure web service enabling communication between the VIS Central System on the one hand and the carrier gateway and international systems on the other hand;

(j) a repository of data for the purposes of reporting and statistics;

(k) a tool enabling applicants to give or withdraw their consent for an additional retention period of their application file.

The VIS Central System, the national uniform interfaces, the web service, the carrier gateway and the VIS communication infrastructure shall share and re-use as much as technically possible the hardware and software components of respectively the EES Central System, the EES national uniform interfaces, the ETIAS carrier gateway, the EES web service and the EES communication infrastructure.

  • 2. 
    The NI-VIS shall consist of:

(a) one local national interface (LNI) for each Member State which is the interface that physically connects the Member State to the secure communication network and contains the encryption devices dedicated to VIS. The LNI shall be located at the Member State premises;

(b) one backup LNI (BLNI) which shall have the same content and function as the LNI.

  • 3. 
    The LNI and BLNI are to be used exclusively for purposes defined by the Union legislation applicable to VIS.
    • 4. 
      Centralised services shall be duplicated to two different locations namely Strasbourg, France, hosting the principal VIS Central System, central unit (CU) and St Johann im Pongau, Austria, hosting the backup VIS Central System, backup central unit (BCU). The connection between the principal VIS Central System and the backup VIS Central System shall allow for the continuous synchronisation between the CU and BCU. The communication infrastructure shall support and contribute to ensuring the uninterrupted availability of VIS. It shall include redundant and separated paths for the connections between VIS Central System and the backup VIS Central System and shall also include redundant and separated paths for the connections between each national interface and VIS Central System and backup VIS Central System. The communication infrastructure shall provide an encrypted, virtual, private network dedicated to VIS data and to communication between Member States and between Member States and the authority responsible for the operational management for the VIS Central System.

Amendment 43

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Regulation (EC) No 767/2008

Article 4 – paragraph 1 – point 3 a (new)

Text proposed by the Commission Amendment

(3a) ‘central authority’ means the authority established by a Member State for the purposes of Regulation (EC) No 810/2009;

Amendment 44

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Regulation (EC) No 767/2008

Article 4 – paragraph 1 – point 15

Text proposed by the Commission Amendment

  • (15) 
    ‘facial image’ means digital image of (15) ‘facial image’ means digital image of

the face; the face with sufficient image resolution

and quality to be used in automated

biometric matching;

Amendment 45

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Regulation (EC) No 767/2008

Article 4 – paragraph 1 – point 19

Text proposed by the Commission Amendment

  • (19) 
    national supervisory authorityas (19) ’supervisory authorities’ means the regards law enforcement purposes means supervisory authorities referred to in the supervisory authorities established in Article 51(1) of Regulation (EU) 2016/679 accordance with Article 41 of Directive of the European Parliament and of the (EU) 2016/680 of the European Parliament Council** and the supervisory authorities and of the Council***; referred to in Article 41 of Directive (EU) 2016/680 of the European Parliament and of the Council***;

Amendment 46

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Regulation (EC) No 767/2008

Article 4 – paragraph 1 – point 19 a (new)

Text proposed by the Commission Amendment

(19a) 'hit' means the existence of a correspondence established by comparing the relevant data recorded in an application file of VIS with the relevant data present in a record, file or alert registered in VIS, Schengen Information System, the EES, ETIAS, Eurodac, Europol data or in Interpol’s SLTD database;

Amendment 47

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Regulation (EC) No 767/2008

Article 4 – paragraph 1 – point 20

Text proposed by the Commission Amendment

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

Amendment 48

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Regulation (EC) No 767/2008

Article 4 – paragraph 1 – point 21

Text proposed by the Commission Amendment

  • (21) 
    'terrorist offences' mean the offences (21) 'terrorist offences' mean the offences under national law which correspond or under national law referred to in Articles 3

are equivalent to those referred to in to 14 of Directive (EU) 2017/541 of the Directive (EU) 2017/541 of the European European Parliament and of the Parliament and of the Council****; Council**** or equivalent to one of those offences for the Member States which are not bound by that Directive;

Amendment 49

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Regulation (EC) No 767/2008

Article 4 – footnote 2 (new)

Text proposed by the Commission Amendment

** 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) (OJL 119, 4.5.2016, p. 1).

Amendment 50

Proposal for a regulation

Article 1 – paragraph 1 – point 5

Regulation (EC) No 767/2008

Article 5 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) fingerprint data referred to in Article (c) fingerprint data referred to in Article

9(6) and Article 22c(2)(g); 9(6), Article 22c(2)(g) and Article 22d(g);

Amendment 51

Proposal for a regulation

Article 1 – paragraph 1 – point 5

Regulation (EC) No 767/2008

Article 5 – paragraph 1 – point c a (new)

Text proposed by the Commission Amendment

(ca) scans of the biographic data page of the travel document referred to in Article 9(7);

Amendment 52

Proposal for a regulation

Article 1 – paragraph 1 – point 5

Regulation (EC) No 767/2008

Article 5 – paragraph 3

Text proposed by the Commission Amendment

  • 3. 
    The CIR shall contain the data 3. The CIR shall contain the data referred to in Article 9(4)(a) to (cc), Article referred to in Article 9(4)(a) to (cc), Article 9(5) and 9(6), Article 22c(2)(a), to (cc), (f) 9(5) and 9(6), Article 22c(2)(a), to (cc), (f) and (g), and Article 22d(a) to (cc), (f) and and (g), and Article 22d(a) to (c), (f) and (g). The remaining VIS data shall be stored (g). The remaining VIS data shall be stored in the VIS Central System. in the VIS Central System.

Amendment 53

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 767/2008

Article 5a – paragraph 1

Text proposed by the Commission Amendment

  • (1) 
    The list of travel documents which 1. The list of travel documents which entitle the holder to cross the external entitle the holder to cross the external borders and which may be endorsed with a borders and which may be endorsed with a visa, as established by Decision No visa, as established by Decision No 1105/2011/EU of the European Parliament 1105/2011/EU of the European Parliament and of the Council*, shall be integrated in and of the Council*, shall be integrated in the VIS. the VIS.

Amendment 54

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 767/2008

Article 5a – paragraph 2

Text proposed by the Commission Amendment

  • (2) 
    The VIS shall provide the 2. The VIS shall provide the functionality for the centralised functionality for the centralised management of the list of recognised travel management of the list of recognised travel documents and of the no²tification of the documents and of the no²tification of the recognition or non-recognition of the listed recognition or non-recognition of the listed travel documents pursuant to Article 4 of travel documents pursuant to Article 4 of Decision No 1105/2011/EU. Decision No 1105/2011/EU.

Amendment 55

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 767/2008

Article 5a – paragraph 3

Text proposed by the Commission Amendment

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

Amendment 56

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point -a (new)

Regulation (EC) No 767/2008

Article 6 – paragraph 1

Present text Amendment

(-a) paragraph 1 is replaced by the following:

  • 1. 
    Access to the VIS for entering, 1. Without prejudice to Article 22a,

amending or deleting the data referred to in access to the VIS for entering, amending or

Article 5(1) in accordance with this deleting the data referred to in Article 5(1)

Regulation shall be reserved exclusively to in accordance with this Regulation shall be

the duly authorised staff of the visa reserved exclusively to the duly authorised

authorities. staff of the visa authorities. The number of

duly authorised members of staff shall be

strictly limited by the actual needs of their

service.”

Amendment 57

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point a

Regulation (EC) No 767/2008

Article 6 – paragraph 2

Text proposed by the Commission Amendment

  • 2. 
    Access to the VIS for consulting the 2. Access to the VIS for consulting the data shall be reserved exclusively for the data shall be reserved exclusively for the duly authorised staff of the national duly authorised staff of the national authorities of each Member State and of authorities of each Member State and of the EU bodies which are competent for the the EU bodies which are competent for the purposes laid down in Articles 15 to 22, purposes laid down in Articles 15 to 22 Articles 22c to 22f, Articles 22g to 22j, as and Articles 22g to 22l, as well as for the well as for the purposes laid down in purposes laid down in Articles 20 and 21 Articles 20 and 21 of [Regulation 2018/XX of [Regulation 2018/XX on interoperability on interoperability]. (borders and visa)].

    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.

That access shall be limited to the extent That access shall be limited to the extent that the data are required for the that the data are required for the performance of their tasks in accordance performance of their tasks in accordance with those purposes, and proportionate to with those purposes, and proportionate to the objectives pursued. the objectives pursued.

Amendment 58

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point a a (new)

Regulation (EC) No 767/2008

Article 6 – paragraph 3

Present text Amendment

(aa) paragraph 3 is replaced by the following:

  • 3. 
    Each Member State shall designate 3. Each Member State shall designate the competent authorities, the duly the competent authorities, the duly authorised staff of which shall have access authorised staff of which shall have access to enter, amend, delete or consult data in to enter, amend, delete or consult data in the VIS. Each Member State shall without the VIS. Each Member State shall without delay communicate to the Commission a delay communicate to eu-LISA a list of list of these authorities, including those these authorities, including those referred referred to in Article 41(4), and any to in Article 29(3a), and any amendments amendments thereto. That list shall specify thereto. That list shall specify for each for what purpose each authority may authority, which data it may search and process data in the VIS. for what purposes.

Within 3 months after the VIS has become operational in accordance with Article 48(1), the Commission shall publish a consolidated list in the Official Journal of the European Union. Where there are amendments thereto, the Commission shall publish once a year an updated consolidated list.

eu-LISA shall ensure annual publication of the list and of lists of designated authorities referred to in Article 22k(2) and the central access points referred to in Article 22k(4) in the Official Journal of the European Union. eu-LISA shall maintain a continuously updated list on its website containing changes sent by Member States between the annual publications.

Amendment 59

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point c

Regulation (EC) No 767/2008

Article 6 – paragraph 5

Text proposed by the Commission Amendment

  • 5. 
    The detailed rules on managing the 5. The Commission shall adopt functionality for the centralised delegated acts in accordance with Article management of the list in paragraph 3 shall 48a concerning the detailed rules on be laid down in implementing acts. Those managing the functionality for the implementing acts shall be adopted in centralised management of the list in accordance with the examination paragraph 3. procedure referred to in Article 49(2).

Amendment 60

Proposal for a regulation

Article 1 – paragraph 1 – point 7 a (new)

Regulation (EC) No 767/2008

Article 7 – paragraph 2

Present text Amendment

(7a) In Article 7, paragraph 2 is replaced

by the following:

  • 2. 
    Each competent authority shall 2. Processing of personal data within

ensure that in using the VIS, it does not the VIS by each competent authority shall

discriminate against applicants and visa not result in discrimination against

holders on grounds of sex, racial or ethnic applicants, visa holders or applicants and

origin, religion or belief, disability, age or holders of long-stay visas, and residence

sexual orientation and that it fully respects permits on the grounds of sex, race,

the human dignity and the integrity of the colour, ethnic or social origin, genetic

applicant or of the visa holder. 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 and fundamental

rights and observes the principles

recognised by the Charter of

Fundamental Rights of the European

Union, including the right to respect for

one’s private life and to the protection of

personal data. Particular attention shall

be paid to children, the elderly and

persons with a disability and persons in

need of international protection. The best

interests of the child shall be a primary

consideration.

Amendment 61

Proposal for a regulation

Article 1 – paragraph 1 – point 8

Regulation (EC) No 767/2008

Article 7 – paragraph 3

Text proposed by the Commission Amendment

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

Amendment 62

Proposal for a regulation

Article 1 – paragraph 1 – point 8 a (new)

Regulation (EC) No 767/2008

Article 7 – paragraph 3 a (new)

Text proposed by the Commission Amendment

(8a) In Article 7, the following paragraph is added:

“3a. 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 nondiscrimination, the rights of the child and the right to an effective remedy.”;

Amendment 63

Proposal for a regulation

Article 1 – paragraph 1 – point 8 b (new)

Regulation (EC) No 767/2008

Article 7 a (new)

Text proposed by the Commission Amendment

(8b) The following Article is inserted:

“Article 7a

Fingerprint data of children

  • 1. 
    By way of derogation to Article 22c(2)(g) no fingerprints of children under the age of 6 shall be entered into VIS.
  • 2. 
    The biometric data of minors from the age of six shall be taken by officials trained specifically to take a minor's biometric data in a child-friendly and child-sensitive manner and in full respect of the best interests of the child and the safeguards laid down in the United Nations Convention on the Rights of the Child.

The minor shall be accompanied by, where present, an adult family member while his or her biometric data are taken. An unaccompanied minor shall be accompanied by a guardian, representative or, where a representative has not been designated, a person trained to safeguard the best interests of the minor and his or her general wellbeing, while his or her biometric data are taken. Such a trained person shall not be the official responsible for taking the biometric data, shall act independently and shall not receive orders either from the official or the service responsible for taking the biometric data. No form of force shall not be used against minors to ensure their compliance with the obligation to provide biometric data.

  • 3. 
    By way of derogation from Article 13(2) of Regulation (EC)

810/2009consulates shall not request that children between the age of 6 and 12 appear in person at the consulate for the collection of biometric identifiers where this would constitute an excessive burden and costs for families. In such cases, biometric identifiers shall be taken at the external borders where particular attention shall be paid to avoid child trafficking.

  • 4. 
    By way of derogation from the provisions on the use of data provided for in Chapters II, III, IIIa and IIIb fingerprint data of children may only be accessed for the following purposes:

(a) to verify the child’s identity in the visa application procedure in accordance with Article 15 and at the external borders in accordance with Articles 18 and 22g and

(b) under Chapter IIIb to contribute to the prevention of and fight against abuses of children’s right’s, subject to all of the following conditions being satisfied:

(i) such access must be necessary for the purpose of the prevention, detection or investigation of child trafficking;

(ii) access is necessary in a specific case;

(iii) the identification is in the best interest of the child.”

Amendment 64

Proposal for a regulation

Article 1 – paragraph 1 – point 9

Regulation (EC) No 767/2008

Chapter II – title

Text proposed by the Commission Amendment

ENTRY AND USE OF DATA ON ENTRY AND USE OF DATA ON SHORY STAY VISA BY VISA SHORT-STAY VISA BY VISA AUTHORITIES AUTHORITIES

Amendment 65

Proposal for a regulation

Article 1 – paragraph 1 – point 11 – point b

Regulation (EC) No 767/2008

Article 9 – paragraph 1 – point 5

Text proposed by the Commission Amendment

  • 5. 
    the facial image of the applicant, in 5. the facial image of the applicant, in accordance with Article 13(1) of accordance with Article 13 of Regulation

Regulation (EC) No 810/2009. (EC) No 810/2009.

Amendment 66

Proposal for a regulation

Article 1 – paragraph 1 – point 11 – point b a (new)

Regulation (EC) No 767/2008

Article 9 – paragraph 1 – point 6

Present text Amendment

(ba) point 6 is replaced by the following:

  • 6. 
    fingerprints of the applicant, in 6. fingerprints of the applicant, in accordance with the relevant provisions of accordance with Article 13 of Regulation the Common Consular Instructions. (EC) No 810/2009.”;

Amendment 67

Proposal for a regulation

Article 1 – paragraph 1 – point 11 – point d

Regulation (EC) No 767/2008

Article 9 – paragraph 1a

Text proposed by the Commission Amendment

  • 8. 
    The facial image of third country The facial image of third country nationals

nationals referred to in point 5 of the first referred to in point 5 of the first paragraph

paragraph shall have sufficient image shall have sufficient image resolution and

resolution and quality to be used in quality to be used in automated biometric

automated biometric matching. matching. If it lacks sufficient quality, the

facial image shall not be used for

automated matching.

Amendment 68

Proposal for a regulation

Article 1 – paragraph 1 – point 11 – point d

Regulation (EC) No 767/2008

Article 9 – paragraph 1b

Text proposed by the Commission Amendment

By way of derogation from the second By way of derogation from the first paragraph, in exceptional cases where the paragraph, in exceptional cases where the quality and resolution specifications set for quality and resolution specifications set for the enrolment of the live facial image in the enrolment of the live facial image in the VIS cannot be met, the facial image the VIS cannot be met, the facial image may be extracted electronically from the may be extracted electronically from the chip of the electronic Machine Readable chip of the electronic Machine Readable Travel Document (eMRTD). In such cases, Travel Document (eMRTD). In such cases, the facial image shall only be inserted into the facial image shall only be inserted into the individual file after electronic the individual file after electronic verification that the facial image recorded verification that the facial image recorded in the chip of the eMRTD corresponds to in the chip of the eMRTD corresponds to the live facial image of the third-country the live facial image of the third-country national concerned. national concerned.

Amendment 69

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9a – paragraph 2

Text proposed by the Commission Amendment

  • 2. 
    When an application is created or a 2. When an application is created, the visa is issued, the VIS shall check whether VIS shall check whether the travel the travel document related to that document related to that application is application is recognised in accordance to recognised in accordance to Decision No Decision No 1105/2011/EU, by performing 1105/2011/EU, by performing an an automatic search against the list of automatic search against the list of recognised travel documents referred to in recognised travel documents referred to in Article 5a, and shall return a result. Article 5a, and shall return a result.

Amendment 70

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9a – paragraph 3

Text proposed by the Commission Amendment

  • 3. 
    For the purpose of the verifications 3. For the purpose of the verifications provided for in Article 21(1) and Article provided for in Article 21(1) and Article 21(3)(a), (c) and (d) of Regulation (EC) 21(3)(a) and (c) of Regulation (EC) No No 810/2009, the VIS shall launch a query 810/2009, the VIS shall launch a query by by using the European Search Portal using the European Search Portal defined defined in Article 6(1) [of the in Article 6(1) [of the Interoperability Interoperability Regulation] to compare the Regulation] to compare the relevant data relevant data referred to in point (4) of referred to in points (4), (5) and (6) of Article 9 of this Regulation to the data Article 9 of this Regulation. VIS shall present in a record, file or alert registered verify: 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).

(a) whether the travel document used for the application corresponds to a travel document reported lost, stolen, misappropriated or invalidated in SIS;

(b) whether the travel document used for the application corresponds to a travel document reported lost, stolen or invalidated in the SLTD database;

(c) whether the applicant is subject to a refusal of entry and stay alert in SIS;

(d) whether the applicant is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS;

(e) whether the applicant and the travel document correspond to a refused, revoked or annulled travel authorisation in the ETIAS Central System and its holder;

(f) whether the applicant and the travel document are in the watch list referred to in Article 34 of Regulation (EU) 2018/1240 of the European Parliament and of the Council*;

(g) whether data on the applicant is already recorded in VIS;

(h) whether the data provided in the application concerning the travel document correspond to another application for a visa associated with different identity data;

(i) whether the applicant is currently reported as an overstayer or whether he or she has been reported as an overstayer in the past in the EES;

(j) whether the applicant is recorded as having been refused entry in the EES;

(k) whether the applicant has been subject to a decision to refuse, annul or revoke a short-stay visa recorded in VIS;

(l) whether the applicant has been subject to a decision to refuse, annul or revoke a long-stay visa, or residence permit recorded in VIS;

(m) whether data specific to the identity of the applicant are recorded in Europol data;

(n) whether the applicant for a shortstay visa is registered in Eurodac;

(o) in cases where the applicant is a minor, whether the applicant's holder of parental authority or legal guardian:

(i) is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS;

(ii) is subject to a refusal of entry and stay alert entered in SIS;

(iii) holds a travel document contained in the watch list referred to in Article 34 of Regulation (EU) 2018/1240.

________________________

  • * 
    Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1).

Amendment 71

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9a – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. When querying SLTD, the data used

by the user of the ESP to launch a query

shall not be shared with the owners of

Interpol data.

Amendment 72

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9a – paragraph 4

Text proposed by the Commission Amendment

  • 4. 
    The VIS shall add a reference to any 4. The VIS shall add a reference to any

hit obtained pursuant to paragraph 3 to the hit obtained pursuant to paragraph 3 to the

application file. Additionally, the VIS shall application file. Additionally, the VIS shall

identify, where relevant, the Member identify, where relevant, the Member

State(s) that entered or supplied the data State(s) that entered or supplied the data

having triggered the hit(s) or Europol, and having triggered the hit(s) or Europol, and

shall record this in the application file. shall record this in the application file. No

information other than the reference to

any hit and the originator of the data

shall be recorded.

Amendment 73

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9a – paragraph 5 – point d

Text proposed by the Commission Amendment

(d) an alert on persons and objects for (d) an alert on persons and objects for discreet checks or specific checks. discreet checks, specific checks or inquiry checks.

Amendment 74

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9a – paragraph 5 a (new)

Text proposed by the Commission Amendment

5a. Any hit resulting from the queries pursuant to Article 9a(3)(a), (b), (c), (e), (g), (h), (i), (j), (k), (l) and (n) shall be assessed, where necessary following verification by the central authority in accordance with Article 9c, by the consulate where the visa application was lodged.

Amendment 75

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9a – paragraph 5 b (new)

Text proposed by the Commission Amendment

5b. Any hit resulting from the queries pursuant to Article 9a(3)(d), (f),(m), and (o) shall be verified, where necessary, and assessed by the single point of contact of the Member States that entered or supplied the data having triggered the hits, in accordance with Article 9ca.

Amendment 76

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9a – paragraph 5 c (new)

Text proposed by the Commission Amendment

5c. Any hit against SIS shall also be automatically notified to the SIRENE Bureau of the Member State that created the alert having triggered the hit.

Amendment 77

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9a – paragraph 5 d (new)

Text proposed by the Commission Amendment

5d. The notification provided to the SIRENE Bureau of the Member State or the single point of contact that entered the alert shall contain the following data:

(a) surname(s), first name(s) and, if any, alias(es);

(b) place and date of birth;

(c) sex;

(d) nationality and, if any, other nationalities;

(e) Member State of first intended stay, and if available, the address of first intended stay;

(f) the applicant’s home address or, if not available, his or her city and country of residence;

(g) a reference to any hits obtained, including the date and time of the hit.

Amendment 78

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9a – paragraph 5 e (new)

Text proposed by the Commission Amendment

5e. This Article shall not impede the submission of an application for asylum on any grounds. If a visa application is submitted by a victim of violent crime such as domestic violence or trafficking in human beings committed by their sponsor, the file submitted to VIS shall be separated from that of the sponsor in order to protect the victims from further danger.

Amendment 79

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9b – paragraph 1

Text proposed by the Commission Amendment

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

Amendment 80

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9b – paragraph 3

Text proposed by the Commission Amendment

  • 3. 
    Where the automated processing of 3. Where the automated processing of the application as referred to in Article the application as referred to in Article 9a(3) has reported a hit corresponding to a 9a(3) has reported a hit corresponding to a refusal of entry and stay alert as referred to refusal of entry and stay alert as referred to in Article 24 of Regulation (EC) in Article 24 of Regulation (EU) 1987/2006, the visa authority shall verify 2018/1861, the visa authority shall verify the ground for the decision following the ground for the decision following which this alert was entered in the SIS. If which this alert was entered in the SIS. If this ground is related to an illegal this ground is related to an illegal immigration risk, the alert shall not be immigration risk, the alert shall not be taken into consideration for the assessment taken into consideration for the assessment of the application. The visa authority shall of the application. The visa authority shall proceed according to Article 25(2) of the proceed according to Article 26(2) of SIS II Regulation. Regulation (EU) 2018/1861.

Amendment 81

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9c – title

Text proposed by the Commission Amendment

Verification by the central authorities Verification by the central authorities and the national single point of contact

Amendment 82

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9c – paragraph 1

Text proposed by the Commission Amendment

  • 1. 
    Any hit resulting from the queries 1. Any hit as referred to in Article

pursuant to Article 9a(3) shall be manually 9a(5b) resulting from the queries pursuant

verified by the central authority of the to Article 9a(3) which cannot

Member State processing the application. automatically be confirmed by VIS shall

be manually verified by the national single

point of contact in accordance with

Article 9ca. The central authority of the

Member State processing the application

shall be notified.

Amendment 83

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9c – paragraph 2

Text proposed by the Commission Amendment

  • 2. 
    Where manually verifying the hits, 2. Any hit as referred to in Article the central authority shall have access to 9a(5a) resulting from the queries the application file and any linked pursuant to Article 9a(3) which cannot application files, as well as to all the hits automatically be confirmed by VIS shall triggered during the automated processing be manually verified by the central pursuant to Article 9a(3). authority. When manually verifying the hits, the central authority shall have access to the application file and any linked application files, as well as to all the hits triggered during the automated processing pursuant to Article 9a(5a).

Amendment 84

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9c – paragraph 5

Text proposed by the Commission Amendment

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

Amendment 85

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9c – paragraph 7

Text proposed by the Commission Amendment

  • 7. 
    By derogation from paragraph 1, deleted where the comparison referred to in Article 9a(5) reports one or more hits, the VIS shall send an automated notification to the central authority of the Member State that launched the query to take any appropriate follow-up action.

Amendment 86

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9c – paragraph 8

Text proposed by the Commission Amendment

  • 8. 
    Where Europol is identified as deleted having supplied the data having triggered a hit in accordance with Article 9a(3), the central authority of the responsible Member State shall consult the Europol national unit for follow-up in accordance with Regulation (EU) 2016/794 and in particular its Chapter IV.

Amendment 87

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9c a (new)

Text proposed by the Commission Amendment

Article 9ca

Verification and assessment by the national single point of contact

  • 1. 
    Each Member State shall designate a national authority, operational 24 hours a day, 7 days a week, which shall ensure the relevant manual verifications and assessment of hits for the purposes of this Regulation (“the single point of contact”). The single point of contact shall be composed of liaison officers of SIRENE Bureau, Interpol National Central Bureaux, Europol national central point, ETIAS National Unit and all relevant national law enforcement authorities. Member States shall ensure sufficient staffing enabling the single point of contact to verify hits notified to it pursuant to this Regulation and taking into account the deadlines provided for in Article 23 of Regulation (EC) No 810/2009.
  • 2. 
    The single point of contact shall manually verify the hits referred to it. The procedures set out in Article 9c(2) to (6) shall apply.
  • 3. 
    Where following the verification referred to in paragraph 2 of this Article the data correspond and a hit is confirmed, the single point of contact shall contact, where necessary, the responsible authorities, including Europol, that provided the data having triggered the hit. It shall then assess the hit. The single point of contact shall provide a reasoned opinion in view of the decision on the application to be taken under Article 23 of Regulation (EC) No 810/2009. This reasoned opinion shall be included in the application file.

Amendment 88

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 767/2008

Article 9c b (new)

Text proposed by the Commission Amendment

Article 9cb

Manual

The Commission shall adopt a delegated act in accordance with Article 48a to lay down in a manual the relevant data to be compared in the queries of the other systems in accordance with Article 9a(3), and the procedures and rules necessary for these queries, verifications and assessments provided for in Articles 9a to 9ca. This delegated act shall include the combination of data categories for querying each system in accordance with Article 9a.

Amendment 89

Proposal for a regulation

Article 1 – paragraph 1 – point 13

Regulation (EC) No 767/2008

Article 13 – paragraph 4

Text proposed by the Commission Amendment

  • 4. 
    When the application file is updated 4. When the application file is updated pursuant to paragraphs 1 and 2, the VIS pursuant to paragraphs 1 and 2, the VIS shall send a notification to the Member shall send a notification to the Member State that issued the visa, informing of the State that issued the visa, informing of the decision to annul or revoke that visa. Such reasoned decision to annul or revoke that notification shall be generated visa. Such notification shall be generated automatically by the central system and automatically by the central system and transmitted via the mechanism provided in transmitted via the mechanism provided in Article 16.; Article 16.; Amendment 90

Proposal for a regulation

Article 1 – paragraph 1 – point 15

Regulation (EC) No 767/2008

Article 16 – paragraph 2 – subparagraph 3

Text proposed by the Commission Amendment

Solely for the purpose of carrying out the Solely for the purpose of carrying out the consultation procedure, the list of Member consultation procedure, the list of Member States requiring that their central States requiring that their central authorities be consulted by other Member authorities be consulted by other Member States' central authorities during the States' central authorities during the examination of visa applications for examination of visa applications for uniform visas lodged by nationals of uniform visas lodged by nationals of specific third countries or specific specific third countries or specific categories of such nationals, according to categories of such nationals, according to Article 22 of Regulation (EC) No Article 22 of Regulation (EC) No 810/2009, and of the third country 810/2009, shall be integrated into the VIS." nationals concerned, shall be integrated into the VIS."

Amendment 91

Proposal for a regulation

Article 1 – paragraph 1 – point 15

Regulation (EC) No 767/2008

Article 16 – paragraph 3 – poin a

Text proposed by the Commission Amendment

(a) the transmission of information (a) the transmission of information pursuant to Article 25(4) on the issuing of pursuant to Article 25(4) on the issuing of visas with limited territorial validity, visas with limited territorial validity, Article 24(2) on data amendments and Article 24(2) on data amendments of this Article 31 of Regulation (EC) No 810/2009 Regulation and Article 31 of Regulation on ex post notifications; (EC) No 810/2009 on ex post notifications;

Amendment 92

Proposal for a regulation

Article 1 – paragraph 1 – point 15

Regulation (EC) No 767/2008

Article 16 – paragraph 3 – point b

Text proposed by the Commission Amendment

(b) all other messages related to consular (b) all other messages related to consular cooperation that entail transmission of cooperation that entail transmission of personal data recorded in the VIS or related personal data recorded in the VIS or related to it, to the transmission of requests to the to it, to the transmission of requests to the competent visa authority to forward copies competent visa authority to forward copies of travel documents pursuant to point 7 of of documents supporting the application Article 9 and other documents supporting and to the transmission of electronic copies the application and to the transmission of of those documents, as well as to requests electronic copies of those documents, as pursuant to Article 9c and Article 38(3). well as to requests pursuant to Article 9c The competent visa authorities shall and Article 38(3). The competent visa respond to any such request within two authorities shall respond to any such working days. request within two working days.

Amendment 93

Proposal for a regulation

Article 1 – paragraph 1 – point 18 a (new)

Regulation (EC) No 767/2008

Article 18a

Present text Amendment

(18a) Article 18a is replaced by the following:

Article 18a “Article 18a

Retrieval of VIS data for creating or Retrieval of VIS data for creating or updating an entry/exit record or a refusal of updating an entry/exit record or a refusal of

entry record of a visa holder in the EES entry record of a visa holder in the EES

Solely for the purpose of creating or Solely for the purpose of creating or updating an entry/exit record or a refusal of updating an entry/exit record or a refusal of entry record of a visa holder in the EES in entry record of a visa holder in the EES in accordance with Article 14(2) and Articles accordance with Article14(2) and Articles 16 and 18 of Regulation (EU) 2017/2226, 16 and 18 of Regulation (EU) 2017/2226, the competent authority for carrying out the competent authority for carrying out checks at borders at which the EES is checks at borders at which the EES is operated shall be given access to retrieve operated shall be given access to retrieve from the VIS and import into the EES the from the VIS and import into the EES the data stored in the VIS and listed in points data stored in the VIS and listed in point (c) to (f) of Article 16(2) of that (d) of Article 16(1) and points (c) to (f) of Regulation. Article 16(2) of that Regulation.”

Amendment 94

Proposal for a regulation

Article 1 – paragraph 1 – point 19

Regulation (EC) No 767/2008

Article 20a – title

Text proposed by the Commission Amendment

Use of VIS data for the purpose of entering Use of VIS data for the purpose of entering SIS alerts on missing persons and the SIS alerts on missing persons or subsequent access to those data vulnerable persons who need to be prevented from travelling and the subsequent access to those data

Amendment 95

Proposal for a regulation

Article 1 – paragraph 1 – point 19

Regulation (EC) No 767/2008

Article 20a – paragraph 1

Text proposed by the Commission Amendment

  • 1. 
    Fingerprint data stored in the VIS 1. Fingerprint data and facial images may be used for the purpose of entering an stored in the VIS may be used for the alert on missing persons in accordance purpose of entering an alert on missing with Article 32(2) of Regulation (EU) … persons, children at risk of abduction or of the European Parliament and of the vulnerable persons who need to be Council* [Regulation (EU) on the prevented from travelling in accordance establishment, operation and use of the with Article 32 of Regulation(EU) … of Schengen Information System (SIS) in the the European Parliament and of the field of police cooperation and judicial Council* [Regulation (EU) on the cooperation in criminal matters]. In those establishment, operation and use of the cases, the exchange of fingerprint data Schengen Information System (SIS) in the shall take place via secured means to the field of police cooperation and judicial SIRENE bureau of the Member State cooperation in criminal matters].In those owning the data. cases, the exchange of fingerprint data and facial images shall take place via secured means to the SIRENE bureau of the Member State owning the data.

Amendment 96

Proposal for a regulation

Article 1 – paragraph 1 – point 19

Regulation (EC) No 767/2008

Article 20a – paragraph 2

Text proposed by the Commission Amendment

  • 2. 
    Where there is a hit against a SIS 2. Where there is a hit against a SIS

alert as referred to in paragraph 1, child alert through the use of fingerprint data

protection authorities and national judicial and facial images stored in VIS as referred

authorities, including those responsible for to in paragraph 1, child protection

the initiation of public prosecutions in authorities and national judicial authorities,

criminal proceedings and for judicial including those responsible for the

inquiries prior to charge and their initiation of public prosecutions in criminal

coordinating authorities, as referred to in proceedings and for judicial inquiries prior

Article 43 of Regulation (EU) … to charge and their coordinating

[COM(2016)0883 – SIS LE], may request, authorities, as referred to in Article 44 of

in the performance of their tasks, access to Regulation (EU) … [COM(2016)0883

the data entered in VIS. The conditions SIS (police cooperation)], may request

provided for in Union and national from an authority with access to VIS, in

legislation shall apply. the performance of their tasks, access to

the data entered in VIS. The conditions

provided for in Union and national

legislation shall apply. Member States

shall ensure that the data are transmitted

in a secure manner.

Amendment 97

Proposal for a regulation

Article 1 – paragraph 1 – point 19 a (new)

Regulation (EC) No 767/2008

Article 22 – paragraph 1

Present text Amendment

(19a) in Article 22 paragraph 1 is replaced by the following:

  • 1. 
    For the sole purpose of examining an 1. For the sole purpose of examining an

application for asylum, the competent application for asylum, the competent

asylum authorities shall have access in asylum authorities shall have access in

accordance with Article 21 of Regulation accordance with Article 21 of Regulation

(EC) No 343/2003 to search with the (EC) No 343/2003 to search with the

fingerprints of the asylum seeker. fingerprints of the asylum seeker. Where

the fingerprints of the asylum seeker

cannot be used or the search with the

fingerprints fails, the search shall be

carried out with the data referred to in

Article 9(4)(a) and/or (b) to (cc); this

search may be carried out in combination

with the data referred to in Article

9(4)(aa).

Where the fingerprints of the asylum seeker cannot be used or the search with the fingerprints fails, the search shall be carried out with the data referred to in Article 9(4)(a) and/or (c); this search may be carried out in combination with the data referred to in Article 9(4)(b).

Amendment 98

Proposal for a regulation

Article 1 – paragraph 1 – point 20

Regulation (EC) No 767/2008

Article 22 – paragraph 2 – point c

Text proposed by the Commission Amendment

(c) photographs; (c) facial images;

Amendment 99

Proposal for a regulation

Article 1 – paragraph 1 – point 20

Regulation (EC) No 767/2008

Article 22 – paragraph 2 – point e

Text proposed by the Commission Amendment

(e) the data referred to in points (4) and (e) the data referred to in point (4) of (5) of Article 9 of the linked application Article 9 of the linked application files files pursuant to Article 8(4). pursuant to Article 8(4).

Amendment 100

Proposal for a regulation

Article 1 – paragraph 1 – point 21

Regulation (EC) No 767/2008

Article 23 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Each file shall be stored in the VIS for a Each application file shall be stored in the maximum of five years, without prejudice VIS for a maximum of five years, without

to the deletion referred to in Articles 24 prejudice to the deletion referred to in and 25 and to the keeping of records Articles 24 and 25 and to the keeping of referred to in Article 34. records referred to in Article 34.

Amendment 101

Proposal for a regulation

Article 1 – paragraph 1 – point 21

Regulation (EC) No 767/2008

Article 23 – paragraph 1 – subparagraph 2 – point b

Text proposed by the Commission Amendment

(b) on the new expiry date of the visa, (b) on the new expiry date of the visa or the long-stay visa or the residence permit, the long-stay visa, if a visa or a long-stay if a visa, a long-stay visa or a residence visa has been extended; permit has been extended;

Amendment 102

Proposal for a regulation

Article 1 – paragraph 1 – point 21

Regulation (EC) No 767/2008

Article 23 – paragraph 2

Text proposed by the Commission Amendment

  • 2. 
    Upon expiry of the period referred to 2. Upon expiry of the period referred to in paragraph 1, the VIS shall automatically in paragraph 1, the VIS shall automatically

erase the file and the link(s) to this file as erase the file and the link(s) to this file as referred to in Article 8(3) and (4) and referred to in Article 8(3) and (4) and Article 22a22a(3) and (5). Article 22a(3).

Amendment 103

Proposal for a regulation

Article 1 – paragraph 1 – point 21

Regulation (EC) No 767/2008

Article 23 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. By way of derogation from paragraph 1:

(a) application files pertaining to a residence permit shall be deleted after a maximum period of 10 years;

(b) application files pertaining to children below the age of 12 shall be deleted upon the child exiting the Schengen area.

Amendment 104

Proposal for a regulation

Article 1 – paragraph 1 – point 21

Regulation (EC) No 767/2008

Article 23 – paragraph 2 b (new)

Text proposed by the Commission Amendment

2b. By way of derogation from paragraph 1, for the purpose of facilitating a new application the application file referred therein may be stored for an additional period of no more than three years from the end of the validity period of the long-stay visa or residence permit and only where, following a request for consent, the applicant freely and explicitly consents by means of a signed declaration. Requests for consent shall be presented in a manner which is clearly distinguishable from other matters, in an intelligible and easily accessible form and using clear and plain language, in accordance with Article 7 of Regulation (EU) 2016/679. The applicant may withdraw his or her consent at any time, in accordance with Article 7(3) of Regulation (EU) 2016/679. If the applicant withdraws consent, the application file shall automatically be erased from VIS.

eu-LISA shall develop a tool to enable applicants to give and withdraw their consent.

The Commission shall adopt delegated acts in accordance with Article 48a to further define the tool to be used by the applicants to give and withdraw their consent.

Amendment 105

Proposal for a regulation

Article 1 – paragraph 1 – point 22 a (new)

Regulation (EC) No 767/2008

Article 24 – paragraph 3

Present text Amendment

(22a) In Article 24, paragraph 3 is replaced by the following:

  • 3. 
    The Member State responsible shall 3. The Member State responsible shall, as check the data concerned and, if necessary, soon as possible, check the data concerned

correct or delete them immediately. and, if necessary, correct or delete them immediately.”;

Amendment 106

Proposal for a regulation

Article 1 – paragraph 1 – point 23 – point a

Regulation (EC) No 767/2008

Article 25 – paragraph 1

Text proposed by the Commission Amendment

  • 1. 
    Where, before expiry of the period 1. Where, before expiry of the period referred to in Article 23(1), an applicant referred to in Article 23(1), an applicant has acquired the nationality of a Member has acquired the nationality of a Member State, the application files, the files and the State, the application files, the files and the links referred to in Article 8(3) and (4), links referred to in Article 8(3) and (4) and Article 22a(3) relating to him or her shall in Article 22a(3) relating to him or her be erased without delay from the VIS by shall be erased without delay from the VIS the Member State which created the by the Member State which created the respective application file(s) and links. respective application file(s) and links.

Amendment 107

Proposal for a regulation

Article 1 – paragraph 1 – point 23 a (new)

Regulation (EC) No 767/2008

Article 26 – paragraph 1

Present text Amendment

(23a) In Article 26, paragraph 1 is replaced by the following:

  • 1. 
    After a transitional period, a “1. eu-LISA shall be responsible for the management authority (the Management operational management of VIS and its Authority), funded from the general components as set out in Article 2a. It budget of the European Union, shall be shall ensure, in cooperation with the responsible for the operational Member States, that at all times the best management of the central VIS and the available technology, subject to a costnational interfaces. The Management benefit analysis, is used for those Authority shall ensure, in cooperation with components.” the Member States, that at all times the best available technology, subject to a costbenefit analysis, is used for the central VIS and the national interfaces.

Amendment 108

Proposal for a regulation

Article 1 – paragraph 1 – point 23 b (new)

Regulation (EC) No 767/2008

Article 26 – paragraph 2

Present text Amendment

(23b) In Article 26, paragraph 2 is replaced by the following:

  • 2. 
    The Management Authority shall “2. Operational management of VIS

also be responsible for the following tasks shall consist of all the tasks necessary to

relating to the communication keep VIS functioning 24 hours a day, 7

infrastructure between the central VIS days a week in accordance with this

and the national interfaces: Regulation, in particular the maintenance

work and technical developments

necessary to ensure that VIS functions at

a satisfactory level of operational quality,

in particular as regards the response time

for queries of the VIS Central System by

consular posts and border authorities.

Such response times shall be as short as

possible.

(a) supervision;

(b) security;

(c) the coordination of relations between the Member States and the provider.

Amendment 109

Proposal for a regulation

Article 1 – paragraph 1 – point 23 c (new)

Regulation (EC) No 767/2008

Article 26 – paragraphs 3 to 8

Text proposed by the Commission Amendment

(23c) In Article 26, paragraphs 3 to 8 are

deleted;

Amendment 110

Proposal for a regulation

Article 1 – paragraph 1 – point 24

Regulation (EC) No 767/2008

Article 26 – paragraph 8a

Text proposed by the Commission Amendment

  • (24) 
    in Article 26, the following deleted paragraph 8a is inserted:

‘8a. Eu-LISA shall be permitted to use anonymised real personal data of the VIS production system for testing purposes in the following circumstances:

(a) for diagnostics and repair when faults are discovered with the Central System;

(b) for testing new technologies and techniques relevant to enhance the performance of the Central System or transmission of data to it.

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 anonymous in such a way that the data-subject is no longer identifiable.

Amendment 111

Proposal for a regulation

Article 1 – paragraph 1 – point 24 a (new)

Regulation (EC) No 767/2008

Article 26 – paragraphs 9 a and 9 b (new)

Text proposed by the Commission Amendment

(24a) In Article 26, the following paragraphs are added:

“9a. Where eu-LISA cooperates with external contractors in any VIS-related tasks, it shall closely monitor the activities of the contractor to ensure compliance with this Regulation, in particular on security, confidentiality and data protection.

9b. The operational management of the VIS Central System shall not been trusted

to private companies or private organisations.”;

Amendment 112

Proposal for a regulation

Article 1 – paragraph 1 – point 25

Regulation (EC) No 767/2008

Article 27 – paragraph 2

Text proposed by the Commission Amendment

Both sites may be used simultaneously for eu-LISA shall implement technical active operation of the VIS provided that solutions to ensure the uninterrupted the second site remains capable of ensuring availability of VIS either through the its operation in case of failure of the simultaneous operation of VIS Central system. System and the backup VIS Central System, provided that the backup VIS Central System remains capable of ensuring the operation of VIS in the event of a failure of VIS Central System, or through duplication of the system or its components.

Amendment 113

Proposal for a regulation

Article 1 – paragraph 1 – point 26 – point b a (new)

Regulation (EC) No 767/2008

Article 29 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission Amendment

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.

Amendment 114

Proposal for a regulation

Article 1 – paragraph 1 – point 26 – point d

Regulation (EC) No 767/2008

Article 29 – paragraph 2a – subparagraph 1

Text proposed by the Commission Amendment

2a. The management authority together 2a. eu-LISA together with the with the Commission shall develop and Commission shall develop, maintain and maintain automated data quality control continuously upgrade automated data mechanisms and procedures for carrying quality control mechanisms and procedures out quality checks on the data in VIS and for carrying out quality checks on the data shall provide regular reports to the Member in VIS and shall provide regular reports to States. The management authority shall the Member States. Eu-LISA shall ensure provide a regular report to the Member adequate levels of professionally trained states and Commission on the data quality staff to implement the technical controls. innovations and upgrades required to operate the data quality control mechanisms. Eu-LISA shall provide a regular report to the Member states and Commission on the data quality controls. The Commission shall provide the European Parliament and the Council with a regular report on data quality issues that are encountered and how they were addressed.

Amendment 115

Proposal for a regulation

Article 1 – paragraph 1 – point 26 – point d a (new)

Regulation (EC) No 767/2008

Article 29 – paragraph 2 b (new)

Text proposed by the Commission Amendment

(da) the following paragraph is inserted:

“2b. The Commission shall present a report to the European Parliament and to the Council on the feasibility, availability, readiness and reliability of the required technology to use facial images to identify a person.”;

Amendment 116

Proposal for a regulation

Article 1 – paragraph 1 – point 26 – point d b (new)

Regulation (EC) No 767/2008

Article 29 – paragraph 3 a (new)

Text proposed by the Commission Amendment

(db) the following paragraph is added:

“3a. In relation to the processing of personal data in VIS, each Member State shall designate the authority which is to be considered as controller in accordance with point (7) of Article 4 of Regulation (EU) 2016/679 and which shall have central responsibility for the processing of data by that Member State. Each Member State shall notify the Commission of the designation.”;

Amendment 117

Proposal for a regulation

Article 1 – paragraph 1 – point 27

Regulation (EC) No 767/2008

Article 29a – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) data pursuant to Articles 9, 22c and (a) data pursuant to Articles 9, 22c and 22d and Article 6(4) may only be sent to 22d and Article 6(4) may only be entered the VIS following a quality check to the VIS following a quality check performed by the responsible national performed by the responsible national authorities; authorities;

Amendment 118

Proposal for a regulation

Article 1 – paragraph 1 – point 27

Regulation (EC) No 767/2008

Article 29a – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) the automated procedures pursuant to (b) the automated procedures pursuant to Article 9(a)(3) and 22b(2) may be Article 9a(3) and 22b(2) may be triggered triggered by the VIS only following a by the VIS only following a quality check quality check performed by the VIS performed by the VIS pursuant to this pursuant to this Article; should these Article; should these checks fail to meet checks fail to meet the established quality the established quality criteria, the criteria, the responsible authority(ies) shall responsible authority(ies) shall be be automatically notified by the VIS; automatically notified by the VIS;

Amendment 119

Proposal for a regulation

Article 1 – paragraph 1 – point 27

Regulation (EC) No 767/2008

Article 29a – paragraph 2 – point c

Text proposed by the Commission Amendment

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

Amendment 120

Proposal for a regulation

Article 1 – paragraph 1 – point 27

Regulation (EC) No 767/2008

Article 29a – paragraph 3

Text proposed by the Commission Amendment

  • 3. 
    Quality standards shall be established 3. Quality standards shall be established

for the storage of the data referred to in for the storage of the data referred to in

paragraph 1 and 2 of this Article. The paragraph 1 and 2 of this Article. The

specification of these standards shall be specification of these standards shall be

laid down in implementing acts. Those laid down in implementing acts. Those

implementing acts shall be adopted i in implementing acts shall be adopted in

accordance with the examination procedure accordance with the examination procedure

referred to in Article 49(2).; referred to in Article 49(2).;

Amendment 121

Proposal for a regulation

Article 1 – paragraph 1 – point 28

Regulation (EC) No 767/2008

Article 31 – paragraphs 1 and 2

Text proposed by the Commission Amendment

  • (28) 
    in Article 31, paragraphs 1 and 2 deleted are replaced by the following:

“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 necessary in individual cases for the 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.”;

Amendment 122

Proposal for a regulation

Article 1 – paragraph 1 – point 28 a (new)

Regulation (EC) No 767/2008

Article 31 – paragraph 2

Present text Amendment

(28a) In Article 31, paragraph 2 is replaced by the following:

  • 2. 
    By way of derogation from “2. By way of derogation from paragraph 1, the data referred to in Article paragraph 1 of this Article, the data 9(4)(a), (b), (c), (k) and (m) may be referred to in Article 9(4)(a), (aa), (b), (c), transferred or made available to a third (cc), (k) and (m), (6) and (7) may be country or to an international organisation transferred by border authorities or listed in the Annex if necessary in immigration authorities to a third country individual cases for the purpose of proving or to an international organisation listed in the identity of third-country nationals, the Annex to this Regulation in individual including for the purpose of return, only cases, if necessary in order to prove the where the following conditions are identity of third-country nationals for the satisfied: sole purpose of return, only where one of the following conditions is satisfied:

(a) the Commission has adopted a (a) the Commission has adopted a decision on the adequate protection of decision on the adequate protection of personal data in that third country in personal data in that third country in accordance with Article 25(6) of Directive accordance with Article 45(3) of 95/46/EC, or a readmission agreement is Regulation (EU) 2016/679; in force between the Community and that third country, or the provisions of Article 26(1)(d) of Directive 95/46/EC apply;

(b) the third country or international (b) appropriate safeguards as referred organisation agrees to use the data only to in Article 46 of Regulation (EU) for the purpose for which they were 2016/679 have been provided, such as provided; through a readmission agreement which is in force between the Union or a Member State and the third country in question; or

(c) the data are transferred or made (c) point (d) of Article 49(1) of available in accordance with the relevant Regulation (EU) 2016/679, applies. provisions of Community law, in particular readmission agreements, and the national law of the Member State which transferred or made the data available, including the legal provisions relevant to data security and data protection; and

(d) the Member State(s) which entered the data in the VIS has given its consent.

Amendment 123

Proposal for a regulation

Article 1 – paragraph 1 – point 28 b (new)

Regulation (EC) No 767/2008

Article 31 – paragraph 3

Present text Amendment

(28b) In Article 31, paragraph 3 is replaced by the following:

  • 3. 
    Such transfers of personal data to 3. The data referred to in Article third countries or international 9(4)(a), (b), (c), (k) and (m), (6) and (7) organisations shall not prejudice the may be transferred in accordance with rights of refugees and persons requesting paragraph 2 of this Article only where all international protection, in particular as of the following conditions are satisfied: regards non-refoulement.

    (a) the transfer of the data is carried out in accordance with the relevant provisions of Union law, in particular provisions on data protection, including Chapter V of Regulation (EU) 2016/679, and readmission agreements, and the national law of the Member State transferring the data; (b) the Member State which entered the data in the VIS has given its approval;

    (c) the third country or international organisation has agreed to process the data only for the purposes for which they were provided; and

    (d) a return decision adopted pursuant to Directive 2008/115/EC has been issued in relation to the third-country national concerned, provided that the enforcement of such a return decision is not suspended and provided that no appeal has been lodged which may lead to the suspension of its enforcement.”;

Amendment 124

Proposal for a regulation

Article 1 – paragraph 1 – point 28 c (new)

Regulation (EC) No 767/2008

Article 31 – paragraphs 3 a and 3 b (new)

Text proposed by the Commission Amendment

(28c) In Article 31, the following paragraphs are added:

“3a. Transfers of personal data to third countries or to international organisations pursuant to paragraph 2 shall not prejudice the rights of applicants for and beneficiaries of international protection, in particular as regards nonrefoulement.”;

3b. Personal data obtained from the VIS by a Member State or by Europol for law enforcement purposes shall not be transferred or made available to any third country, international organisation or private entity established in or outside the Union. The prohibition shall also apply where those data are further processed at national level or between Member States pursuant to Directive (EU) 2016/680.”;

Amendment 125

Proposal for a regulation

Article 1 – paragraph 1 – point 28 e (new) – point a (new)

Regulation (EC) No 767/2008

Article 32 – paragraph 2 – point e a (new)

Text proposed by the Commission Amendment

(28e) in Article 32, paragraph 2 is amended as follows:

(a) the following point is inserted:

“(ea) prevent the use of automated dataprocessing

systems by unauthorised

persons using data communication

equipment;”;

Amendment 126

Proposal for a regulation

Article 1 – paragraph 1 – point 28 e (new) – point b (new)

Regulation (EC) No 767/2008

Article 32 – paragraph 2 – points j a and j b (new)

Text proposed by the Commission Amendment

(b) the following points are inserted:

“(ja) ensure that, in the event of an interruption, installed systems can be restored to normal operation;

(jb) ensure reliability by making sure that any faults in the functioning of VIS are properly reported and that the necessary technical measures are put in place to ensure that personal data can be restored in the event of corruption due to a malfunctioning of VIS;”;

Amendment 127

Proposal for a regulation

Article 1 – paragraph 1 – point 28 f (new)

Regulation (EC) No 767/2008

Article 32 a (new)

Text proposed by the Commission Amendment

(28f) the following Article is inserted:

“Article 32a

Security incidents

  • 1. 
    Any event that has or may have an impact on the security of 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 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 to Article 30

of Directive (EU) 2016/680, Member

States, Europol and the European Border

and Coast Guard Agency shall notify the

Commission, eu-LISA, the competent

supervisory authority and the European

Data Protection Supervisor without delay

of security incidents. eu-LISA shall notify

the Commission and the European Data

Protection Supervisor without delay of

any security incident concerning the VIS

Central System.

  • 4. 
    Information regarding a security incident that has or may have an impact on the operation of 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 to the European Parliament and to the Council immediately. 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, Europol and the European Border and Coast Guard Agency shall ensure that penalties are imposed in accordance with Article 36.”;

Amendment 128

Proposal for a regulation

Article 1 – paragraph 1 – point 28 g (new)

Regulation (EC) No 767/2008

Article 33

Present text Amendment

(28g) Article 33 is replaced by the following:

Article 33 “Article 33

Liability Liability

  • 1. 
    Any person who, or Member State 1. Without prejudice to the right to which, has suffered damage as a result of compensation from, and liability of the an unlawful processing operation or any controller or processor under Regulation act incompatible with this Regulation shall (EU) 2016/679, Directive (EU) 2016/680 be entitled to receive compensation from and Regulation (EU) 2018/1726: 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, the European Border and Coast Guard Agency or eu-LISA incompatible with this Regulation shall be entitled to receive compensation from the agency in question.

    The Member State concerned, Europol, the European Border and Coast Guard Agency 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 2. If any failure of a Member State to comply with its obligations under this comply with its obligations under this

Regulation causes damage to the VIS, that Regulation causes damage to the VIS

Member State shall be held liable for such Central System, that Member State shall be damage, unless and insofar as the held liable for such damage, unless and Management Authority or another insofar as eu-LISA or another Member Member State failed to take reasonable State participating in the VIS Central measures to prevent the damage from System failed to take reasonable measures occurring or to minimise its impact. to prevent the damage from occurring or to

minimise its impact.

  • 3. 
    Claims for compensation against a 3. Claims for compensation against a

Member State for the damage referred to in Member State for the damage referred to in paragraphs 1 and 2 shall be governed by paragraphs 1 and 2 shall be governed by the provisions of national law of the the national law of that Member State. defendant Member State. Claims for compensation against the

controller, Europol, the European Border and Coast Guard Agency or eu-LISA for the damage referred to in paragraphs 1 and 2 shall be subject to the conditions provided for in the Treaties.”;

Amendment 129

Proposal for a regulation

Article 1 – paragraph 1 – point 29

Regulation (EC) No 767/2008

Article 34 – paragraph 1

Text proposed by the Commission Amendment

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

Amendment 130

Proposal for a regulation

Article 1 – paragraph 1 – point 29

Regulation (EC) No 767/2008

Article 34 – paragraph 2

Text proposed by the Commission Amendment

  • 2. 
    For the operations listed in Article 2. For the operations listed in Article

45b a log of each data processing operation 45b a log of each data processing operation

carried out within the VIS and the EES carried out within the VIS and the EES

shall be kept in accordance with this shall be kept in accordance with that

Article and Article 41 of the Regulation Article and Article 46 of the Regulation

(EU) 2226/2017 establishing an Entry/Exit (EU) 2226/2017 establishing an Entry/Exit

System (EES). System (EES). For the operations listed in

Article 17a, a record of each data

processing operation carried out in VIS

and the EES shall be kept in accordance

with this Article and Article 46 of

Regulation (EU) 2017/2226.

Amendment 131

Proposal for a regulation

Article 1 – paragraph 1 – point 29 a (new)

Regulation (EC) No 767/2008

Article 35

Present text Amendment

(29a) Article 35 is replaced by the following:

Article 35 Article 35

Self-monitoring Self-monitoring

Member States shall ensure that each Member States shall ensure that each authority entitled to access VIS data takes authority entitled to access VIS data takes the measures necessary to comply with this the measures necessary to comply with this Regulation and cooperates, where Regulation and cooperates with the necessary, with the National Supervisory National Supervisory Authority.”; Authority.

Amendment 132

Proposal for a regulation

Article 1 – paragraph 1 – point 29 b (new)

Regulation (EC) No 767/2008

Article 36

Present text Amendment

(29b) Article 36 is replaced by the following:

Article 36 Article 36

Penalties Penalties

Member States shall take the necessary Member States shall take the necessary measures to ensure that any misuse of data measures to ensure that any misuse or entered in the VIS is punishable by processing of data entered in VIS contrary penalties, including administrative and/or to this Regulation is punishable by criminal penalties in accordance with penalties, including administrative and/or national law, that are effective, criminal penalties in accordance with proportionate and dissuasive. national law, that are effective, proportionate and dissuasive.”;

Amendment 133

Proposal for a regulation

Article 1 – paragraph 1 – point 30 – point a

Regulation (EC) No 767/2008

Article 37 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

  • 1. 
    Applicants and the persons referred 1. Without prejudice to the right to

to in Article 9(4)(f) shall be informed of information referred to in Articles 15 and

the following by the Member State 16 of Regulation(EU) 2018/1725, Articles

responsible: 13 and 14 of Regulation(EU) 2016/679,

and Article 13 of Directive 2016/680,

third-country nationals and the persons

referred to in Articles 9(4)(f), 22c(2)(e) or

22d(e) shall be informed of the following

by the Member State responsible:

Amendment 134

Proposal for a regulation

Article 1 – paragraph 1 – point 30 – point a a (new)

Regulation (EC) No 767/2008

Article 37 – paragraph 1 – point f

Present text Amendment

(aa) in paragraph 1, point (f) is replaced by the following:

(f) the existence of the right of access to “(f) the existence of the right of access to data relating to them, and the right to data relating to them, and the right to request that inaccurate data relating to request that inaccurate data relating to them be corrected or that unlawfully them be corrected or that unlawfully processed data relating to them be deleted, processed data relating to them be deleted, including the right to receive information including the right to receive information on the procedures for exercising those on the procedures for exercising those rights and the contact details of the rights and about the contact details of the National Supervisory Authorities referred European Data Protection Supervisor and to in Article 41(1), which shall hear claims of the national supervisory authority of concerning the protection of personal data. the Member State responsible for the collection of the data referred to in Article 41(1), which shall hear claims concerning the protection of personal data.”;

Amendment 135

Proposal for a regulation

Article 1 – paragraph 1 – point 30 – point a b (new)

Regulation (EC) No 767/2008

Article 37 – paragraph 1 – point f a (new)

Text proposed by the Commission Amendment

(ab) in paragraph 1, the following point is added:

“(fa) the fact that VIS may be accessed by

the Member States and Europol for law

enforcement purposes.”;

Amendment 136

Proposal for a regulation

Article 1 – paragraph 1 – point 30 – point b

Regulation (EC) No 767/2008

Article 37 – paragraph 2

Text proposed by the Commission Amendment

  • 2. 
    The information referred to in 2. The information referred to in paragraph 1 shall be provided in writing to paragraph 1 shall be provided clearly, the third country national when the data, concisely and accurately in writing to the the photograph and the fingerprint data as third country national when the data, the referred to in points (4), (5) and (6) of facial image and the fingerprint data as Article 9, Article 22c(2) and Article 22d referred to in points (4), (5) and (6) of (a) to (g) are collected, and where Article 9, Article 22c(2) and Article 22d necessary, orally, in a language and (a) to (g) are collected. Children must be manner that the data subject understands informed in an age-appropriate manner, or is reasonably presumed to understand. using leaflets and/or infographics and/or Children must be informed in an agedemonstrations specifically designed to appropriate manner, using leaflets and/or explain the fingerprinting procedure.; infographics and/or demonstrations specifically designed to explain the fingerprinting procedure.;

Amendment 137

Proposal for a regulation

Article 1 – paragraph 1 – point 31

Regulation (EC) No 767/2008

Article 38 – paragraph 3

Text proposed by the Commission Amendment

  • (31) 
    in Article 38, paragraph 3 is deleted replaced by the following:

"3. If the request as provided for in paragraph 2 is made to a Member State other than the Member State responsible, the authorities of the Member State with which the request was lodged shall contact the authorities of the Member State responsible within a period of seven days. The Member State responsible shall check the accuracy of the data and the lawfulness of their processing in the VIS within a period of one month.";

Amendment 138

Proposal for a regulation

Article 1 – paragraph 1 – point 31 a (new)

Regulation (EC) No 767/2008

Article 38

Present text Amendment

(31a) Article 38 is replaced by the

following:

Article 38 Article 38 Right of access, correction and deletion Right of access to, of rectification, of

completion, of erasure of personal data and of restriction of processing

  • 1. 
    Without prejudice to the obligation 1. Without prejudice to the right to to provide other information in information under Articles 15 and 16 of accordance with Article 12(a) of Directive Regulation (EU) 2018/1725, applicants or 95/46/EC, any person shall have the right holders of long-stay visa or residence to obtain communication of the data permits whose data are stored in VIS shall relating to him recorded in the VIS and of be informed, at the time their data are the Member State which transmitted them collected, of the procedures for exercising to the VIS. Such access to data may be the rights under Articles 17 to 20 of granted only by a Member State. Each Regulation (EU) 2018/1725 and Articles Member State shall record any requests 15 to 18 of Regulation (EU) 2016/679. for such access. They shall be provided with the contact

    details of the European Data Protection Supervisor at the same time.

  • 2. 
    Any person may request that data 2. In order to exercise their rights relating to him which are inaccurate be under Articles 17 to 20 of Regulation corrected and that data recorded (EU) 2018/1725 and Articles 15 to 18 of unlawfully be deleted. The correction and Regulation (EU) 2016/679, the persons deletion shall be carried out without delay referred to in paragraph 1 shall have the by the Member State responsible, in right to address themselves to the Member accordance with its laws, regulations and State which entered their data into VIS. procedures. The Member State that receives the

    request shall examine and reply to it as soon as possible, and at the latest within 30 days. Where in response to a request, it is found that the data stored in VIS are factually inaccurate or have been recorded unlawfully, the Member State responsible shall rectify or erase those data in VIS without delay and at the latest within 30 days of receipt of the request in line with Article 12(3) and (4) of Regulation (EU) 2016/679. If the request is made to a Member State other than the Member State responsible, the authorities of the Member State with which the request was lodged shall contact the authorities of the Member State responsible within a period of seven days. The Member State responsible shall check the accuracy of the data and the lawfulness of their processing in VIS within a period of one month. The persons concerned shall be informed by Member State which contacted the authority of the Member State responsible that his or her request was forwarded, to whom and about the further procedure.

  • 3. 
    If the request as provided for in 3. Where the Member State responsible paragraph 2 is made to a Member State does not agree with the claim that data other than the Member State responsible, stored in VIS are factually inaccurate or the authorities of the Member State with have been recorded unlawfully, it shall which the request was lodged shall adopt without delay an administrative contact the authorities of the Member decision explaining in writing to the

State responsible within a period of 14 person concerned why it is not prepared to days. The Member State responsible shall rectify or erase data relating to him or check the accuracy of the data and the her. lawfulness of their processing in the VIS within a period of one month.

  • 4. 
    If it emerges that data recorded in 4. That decision shall also provide the the VIS are inaccurate or have been person concerned with information recorded unlawfully, the Member State explaining the possibility to challenge the responsible shall correct or delete the data decision taken in respect of the request in accordance with Article 24(3). The referred to in paragraph 2 and, where Member State responsible shall confirm relevant, information on how to bring an in writing to the person concerned action or a complaint before the without delay that it has taken action to competent authorities or courts and any correct or delete data relating to him. assistance available to the person,

    including from the competent national supervisory authorities.

  • 5. 
    If the Member State responsible 5. Any request made pursuant to does not agree that data recorded in the paragraph 2 shall contain the necessary VIS are inaccurate or have been recorded information to identify the person unlawfully, it shall explain in writing to concerned. That information shall be the person concerned without delay why it used exclusively to enable the exercise of is not prepared to correct or delete data the rights referred to in paragraph 2. relating to him.
  • 6. 
    The Member State responsible shall 6. The Member State responsible shall also provide the person concerned with keep a record in the form of a written information explaining the steps which he document that a request referred to in can take if he does not accept the paragraph 2 was made and how it was explanation provided. This shall include addressed. It shall make that document information on how to bring an action or available to the competent national data a complaint before the competent protection supervisory authorities without authorities or courts of that Member State delay, and not later than seven days and on any assistance, including from the following the decision to rectify or erase national supervisory authorities referred data referred to in the second to in Article 41(1), that is available in subparagraph of paragraph 2 or following accordance with the laws, regulations and the decision referred to in paragraph 3 procedures of that Member State. respectively.”;

Amendment 139

Proposal for a regulation

Article 1 – paragraph 1 – point 31 b (new)

Regulation (EC) No 767/2008

Article 39

Present text Amendment

(31b) Article 39 is replaced by the following:

Article 39 “Article 39

Cooperation to ensure the rights on data Cooperation to ensure the rights on data protection protection

  • 1. 
    The Member States shall cooperate 1. The competent authorities of the actively to enforce the rights laid down in Member States shall cooperate actively to Article 38(2), (3) and (4). enforce the rights laid down in Article 38.
  • 2. 
    In each Member State, the national 2. In each Member State, the supervisory authority shall, upon request, supervisory authority referred to in Article assist and advise the person concerned in 51(1) of Regulation (EU) 2016/679 shall, exercising his right to correct or delete upon request, assist and advise the data data relating to him in accordance with subject in exercising his or her right to Article 28(4) of Directive 95/46/EC. rectify, complete or erase personal data relating to him or her or to restrict the processing of such data in accordance with Regulation (EU) 2016/679.
  • 3. 
    The National Supervisory Authority of In order to achieve the aims referred to in the Member State responsible which the first subparagraph, the supervisory transmitted the data and the National authority of the Member State responsible Supervisory Authorities of the Member which transmitted the data and the States with which the request was lodged supervisory authority of the Member State shall cooperate to this end. to which the request has been made shall cooperate with each other.”

Amendment 140

Proposal for a regulation

Article 1 – paragraph 1 – point 31 c (new)

Regulation (EC) No 767/2008

Article 40

Present text Amendment

(31c) Article 40 is replaced by the following:

Article 40 Article 40

Remedies Remedies

  • 1. 
    In each Member State any person 1. Without prejudice to Articles 77 and

shall have the right to bring an action or a 79 of Regulation (EU) 2016/679, in each

complaint before the competent authorities Member State any person shall have the

or courts of that Member State which right to bring an action or a complaint

refused the right of access to or the right of before the competent authorities or courts

correction or deletion of data relating to of that Member State which refused the

him, provided for in Article 38(1) and (2). right of access to, or right of rectification,

completion or erasure of data relating to

him or her provided for in Article 38 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.

  • 2. 
    The assistance of the National 2. The assistance of the supervisory Supervisory Authorities referred to in authority referred to in Article 51(1) of Article 39(2) shall remain available Regulation (EU) 2016/679 shall remain throughout the proceedings. available throughout the proceedings.”;

Amendment 141

Proposal for a regulation

Article 1 – paragraph 1 – point 31 d (new)

Regulation (EC) No 767/2008

Article 41

Present text Amendment

(31d) Article 41 is replaced by the following:

Article 41 “Article 41

Supervision by the National Supervisory Supervision by the National Supervisory

Authority Authority

  • 1. 
    The authority or authorities 1. Each Member State shall ensure that designated in each Member State and the supervisory authority referred to in endowed with the powers referred to in Article 51(1) of Regulation (EU) 2016/679 Article 28 of Directive 95/46/EC (the independently monitors the lawfulness of National Supervisory Authority) shall the processing of personal data pursuant to monitor independently the lawfulness of this Regulation by the Member State the processing of personal data referred to concerned. in Article 5(1) by the Member State in question, including their transmission to and from the VIS.
  • 2. 
    The National Supervisory Authority 2. The supervisory authority or shall ensure that an audit of the data authorities referred to in Article 51(1) of processing operations in the national Regulation (EU) 2016/679 shall ensure system is carried out in accordance with that an audit of the data processing relevant international auditing standards at operations by the responsible national least every four years. authorities is carried out in accordance

    with relevant international auditing standards at least every three years. The results of the audit may be taken into account in the evaluations conducted under the mechanism established by Council Regulation (EU) No 1053/2013. The supervisory authority referred to in Article 51(1) of Regulation (EU) 2016/679 shall publish annually the number of requests for rectification, completion or erasure, or restriction of processing of data, the action subsequently taken and the number of rectifications, completions, erasures and restrictions of processing made in response to requests by the persons concerned.

  • 3. 
    Member States shall ensure that their 3. Member States shall ensure that their National Supervisory Authority has supervisory authority has sufficient sufficient resources to fulfil the tasks resources to fulfil the tasks entrusted to it entrusted to it under this Regulation. under this Regulation and has access to

    advice from persons with sufficient knowledge of biometric data.

  • 4. 
    In relation to the processing of personal data in the VIS, each Member State shall designate the authority which is to be considered as controller in accordance with Article 2(d) of Directive 95/46/EC and which shall have central responsibility for the processing of data by that Member State. Each Member State shall communicate the details of that authority to the Commission.
  • 5. 
    Each Member State shall supply any 5. Member States shall supply any

information requested by the National information requested by the supervisory

Supervisory Authorities and shall, in authority referred to in Article 51(1) of

particular, provide them with information Regulation (EU) 2016/679 and shall, in

on the activities carried out in accordance particular, provide it with information on

with Articles 28 and 29(1), grant them the activities carried out in accordance with

access to the lists referred to in Article its responsibilities as laid down in this

28(4)(c) and to its records as referred to in Regulation. Member States shall grant the

Article 34 and allow them access at all supervisory authority referred to in Article

times to all their premises. 51(1) of Regulation (EU) 2016/679 access

to their logs and allow it access at all times

to all their interoperability related

premises.”;

Amendment 142

Proposal for a regulation

Article 1 – paragraph 1 – point 31 e (new)

Regulation (EC) No 767/2008

Article 42

Present text Amendment

(31e) Article 42 is replaced by the following:

Article 42 “Article 42

Supervision by the European Data Supervision by the European Data Protection Supervisor Protection Supervisor

  • 1. 
    The European Data Protection 1. The European Data Protection Supervisor shall check that the personal Supervisor shall be responsible for data processing activities of the monitoring the personal data processing Management Authority are carried out in activities of eu-LISA, Europol and the accordance with this Regulation. The European Border and Coast Guard duties and powers referred to in Articles Agency under this Regulation and for 46 and 47 of Regulation (EC) No 45/2001 ensuring that such activities are carried shall apply accordingly. out in accordance with Regulation (EU) 2018/1725 and with this Regulation.
  • 2. 
    The European Data Protection 2. The European Data Protection Supervisor shall ensure that an audit of the Supervisor shall ensure that an audit of eu Management Authority's personal data LISA’s personal data processing activities processing activities is carried out in is carried out in accordance with relevant accordance with relevant international international auditing standards at least auditing standards at least every four years. every three years. A report of that audit A report of such audit shall be sent to the shall be sent to the European Parliament, European Parliament, the Council, the the Council, eu-LISA, the Commission and Management Authority, the Commission the Member States. eu-LISA shall be given and the National Supervisory Authorities. an opportunity to make comments before The Management Authority shall be given the reports are adopted. an opportunity to make comments before the report is adopted.
  • 3. 
    The Management Authority shall 3. eu-LISA shall supply information supply information requested by the requested by the European Data Protection European Data Protection Supervisor, give Supervisor, give the European Data him access to all documents and to its Protection Supervisor access to all records referred to in Article 34(1) and documents and to its logs referred to in allow him access to all its premises, at any Articles 22r, 34 and 45b and allow the time. European Data Protection Supervisor access to all its premises at any time.”;

Amendment 143

Proposal for a regulation

Article 1 – paragraph 1 – point 32

Regulation (EC) No 767/2008

Article 43 –paragraphs 1 and 2

Text proposed by the Commission Amendment

  • (32) 
    in Article 43, paragraphs 1 and 2 deleted are replaced by the following:
  • 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.
  • 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].;

Amendment 144

Proposal for a regulation

Article 1 – paragraph 1 – point 32 a (new)

Regulation (EC) No 767/2008

Article 43

Present text Amendment

(32a) Article 43 is replaced by the following:

Article 43 Article 43

Cooperation between National Supervisory Cooperation between National Supervisory Authorities and the European Data Authorities and the European Data Protection Supervisor Protection Supervisor

  • 1. 
    The National Supervisory 1. The supervisory authorities and the Authorities and the European Data European Data Protection Supervisor shall, Protection Supervisor, each acting within each acting within the scope of their the scope of their respective competences, respective competences, cooperate actively shall cooperate actively within the within the framework of their respective framework of their responsibilities and responsibilities to ensure coordinated shall ensure coordinated supervision of the supervision of the interoperability VIS and the national systems. components and the other provisions of this Regulation.
  • 2. 
    They shall, each acting within the 2. The European Data Protection scope of their respective competences, Supervisor and the supervisory authorities exchange relevant information, assist each shall exchange relevant information, assist other in carrying out audits and each other in carrying out audits and inspections, examine difficulties of inspections, examine any difficulties interpretation or application of this concerning the interpretation or application Regulation, study problems with the of this Regulation, assess problems in the exercise of independent supervision or with exercise of independent supervision or in the exercise of the rights of data subjects, the exercise of the rights of the data draw up harmonised proposals for joint subject, draw up harmonised proposals for solutions to any problems and promote joint solutions to any problems and awareness of data protection rights, as promote awareness of data protection necessary. rights, as necessary.
  • 3. 
    The National Supervisory Authorities 3. For the purpose of paragraph 2, the

and the European Data Protection supervisory authorities and the European

Supervisor shall meet for that purpose at Data Protection Supervisor shall meet at

least twice a year. The costs and servicing least twice a year within the framework of

of these meetings shall be b for the the European Data Protection Board. The

account of the European Data Protection costs of those meetings shall be borne by

Supervisor. Rules of procedure shall be and their organisation shall be

adopted at the first meeting. Further undertaken by the European Data

working methods shall be developed Protection Board. Rules of procedure shall

jointly as necessary. be adopted at the first meeting. Further

working methods shall be developed

jointly as necessary.

  • 4. 
    A joint report of activities shall be 4. A joint report of activities shall be sent to the European Parliament, the sent by the European Data Protection Council, the Commission and the Board to the European Parliament, to the Management Authority every two years. Council, to the Commission, to Europol, to This report shall include a chapter of each the European Border and Coast Guard Member State prepared by the National Agency and to eu-LISA every two years. Supervisory Authority of that Member That report shall include a chapter on each State. Member State prepared by the supervisory authority of that Member State.”;

Amendment 145

Proposal for a regulation

Article 1 – paragraph 1 – point 32 b (new)

Regulation (EC) No 767/2008

Article 44

Present text Amendment

(32b) Article 44 is deleted;

Article 44

Data protection during the transitional period

Where the Commission delegates its responsibilities during the transitional period to another body or bodies, pursuant to Article 26(4) of this Regulation, it shall ensure that the European Data Protection Supervisor has the right and is able to exercise his tasks fully, including the carrying out of onthe-spot checks, and to exercise any other powers conferred on him by Article 47 of Regulation (EC) No 45/2001.

Amendment 146

Proposal for a regulation

Article 1 – paragraph 1 – point 32 c (new)

Regulation (EC) No 767/2008

Article 45 – paragraph 2 a (new)

Text proposed by the Commission Amendment

(32c) in Article 45 the following paragraph is inserted:

“2a. The measures necessary for the development of the VIS Central System, the national interface in each Member State, and the communication infrastructure between the VIS Central System and the national interfaces concerning the following matters shall be adopted in accordance with the procedure referred to in Article 49(2):

(a) the design of the physical architecture of the system including its communication network;

(b) technical aspects which have a bearing on the protection of personal data;

(c) technical aspects which have serious

financial implications for the budgets of

the Member States or which have serious

technical implications for the national

systems of the Member States;

(d) the development of security requirements, including biometric aspects.”

Amendment 147

Proposal for a regulation

Article 1 – paragraph 1 – point 34

Regulation (EC) No 767/2008

Article 45a – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission Amendment

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

Amendment 148

Proposal for a regulation

Article 1 – paragraph 1 – point 34

Regulation (EC) No 767/2008

Article 45a – paragraph 1 – subparagraph 1 – point c

Text proposed by the Commission Amendment

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

Amendment 149

Proposal for a regulation

Article 1 – paragraph 1 – point 34

Regulation (EC) No 767/2008

Article 45a – paragraph 1 – subparagraph 1 – point h

Text proposed by the Commission Amendment

(h) the grounds indicated for any (h) the grounds indicated for any decision concerning the document or the decision to refuse a short stay visa, application, only as regards short stay including the reference to any hits against visas; as regards long stay visas and Union information systems that are residence permits, the decision consulted, against Europol or Interpol concerning the application (whether to data, against the watchlist referred to in issue or to refuse the application and on Article 29 of Regulation (EU) 2018/1240 which ground); or against the specific risk indicators;

Amendment 150

Proposal for a regulation

Article 1 – paragraph 1 – point 34

Regulation (EC) No 767/2008

Article 45a – paragraph 1 – subparagraph 1 – point h a (new)

Text proposed by the Commission Amendment

(ha) the grounds indicated for any decision to refuse a document, including the reference to any hits against Union information systems that are consulted, against Europol or Interpol data, against the watchlist referred to in Article 34 of Regulation (EU) 2018/1240 or against the specific risk indicators;

Amendment 151

Proposal for a regulation

Article 1 – paragraph 1 – point 34

Regulation (EC) No 767/2008

Article 45a – paragraph 1 – subparagraph 1 – point k

Text proposed by the Commission Amendment

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

Amendment 152

Proposal for a regulation

Article 1 – paragraph 1 – point 34

Regulation (EC) No 767/2008

Article 45a – paragraph 1 – subparagraph 1 – point l

Text proposed by the Commission Amendment

(l) the data entered in respect of any (l) the data entered in respect of any visa document withdrawn, annulled, revoked or document withdrawn, annulled, revoked or whose validity is extended, as applicable; whose validity is extended, as applicable;

Amendment 153

Proposal for a regulation

Article 1 – paragraph 1 – point 34

Regulation (EC) No 767/2008

Article 45a – paragraph 6

Text proposed by the Commission Amendment

  • 6. 
    At the end of each year, statistical 6. At the end of each year, statistical

data shall be compiled in the form of data shall be compiled in an annual report

quarterly statistics for that year. The for that year. The statistics shall contain a

statistics shall contain a breakdown of data breakdown of data for each Member State.

for each Member State. The report shall be published and

transmitted to the European Parliament,

to the Council, to the Commission, to the

European Border and Coast Guard

Agency, to the European Data Protection

Supervisor and to the national supervisory

authorities.

Amendment 154

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008

Article 45b – paragraph 1

Text proposed by the Commission Amendment

  • 1. 
    In order to fulfil their obligation 1. In order to fulfil their obligation under point (b) of Article 26(1) of the under point (b) of Article 26(1) of the Convention implementing the Schengen Convention implementing the Schengen Agreement, air carriers, sea carriers and Agreement, air carriers, sea carriers and international carriers transporting groups international carriers transporting groups overland by coach shall send a query to the overland by coach shall send a query to the VIS in order to verify whether or not third VIS in order to verify whether or not third country nationals holding a short-stay visa, country nationals holding a short-stay visa, a long stay visa or a residence permit are in a long stay visa or a residence permit are in possession of a valid short stay visa, long possession of a valid short stay visa, long stay visa or residence permit, as applicable. stay visa or residence permit, as applicable. For this purpose, as regards short stay In cases where passengers are not allowed visas, carriers shall provide the data listed to board due to a query in VIS, carriers under points (a), (b) and (c) of Article 9(4) shall provide passengers with that of this Regulation or under points (a), (b) information and the means to exercise and (c) of Article 22c, as applicable. their rights to access, rectification and erasure of personal data stored in VIS.

Amendment 155

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008

Article 45b – paragraph 3

Text proposed by the Commission Amendment

  • 3. 
    Secure access to the carrier gateway 3. Secure access to the carrier gateway

referred to in Article 1(2) (h) of Decision referred to in Article 2a(h), including the

2004/512/EC as amended by this possibility to use mobile technical

Regulation shall allow carriers to proceed solutions, shall allow carriers to proceed

with the query consultation referred to in with the query consultation referred to in

paragraph 1 prior to the boarding of a paragraph 1 prior to the boarding of a

passenger. For this purpose, the carrier passenger. The carrier shall provide the

shall send the query to be permitted to data contained in the machine-readable

consult the VIS using the data contained in zone of the travel document and indicate

the machine readable zone of the travel the Member State of entry. By way of

document. derogation, in the case of airport transit,

the carrier shall not be obliged to verify

whether the third-country national is in

possession of a valid short-stay visa, longstay

visa or residence permit, as

applicable.

Amendment 156

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008

Article 45b – paragraph 4

Text proposed by the Commission Amendment

  • 4. 
    The VIS shall respond by indicating 4. The VIS shall respond by indicating

whether or not the person has a valid visa, whether or not the person has a valid short

providing the carriers with an OK/NOT stay visa, long-stay visa or residence

OK answer. permit, as applicable, providing the

carriers with an OK/NOT OK answer. If a

short-stay visa has been issued with

limited territorial validity in accordance

with Article 25 of Regulation (EC) No

810/2009, the response provided by VIS

shall take into account the Member

State(s) for which the visa is valid as well

as the Member State of entry indicated by

the carrier. Carriers may store the

information sent and the answer received

in accordance with the applicable law.

The OK/NOT OK answer shall not be

regarded as a decision to authorise or

refuse entry in accordance with

Regulation (EU) 2016/399. The

Commission shall, by means of

implementing acts, adopt detailed rules

concerning the conditions for the

operation of the carrier gateway and the

data protection and security rules

applicable. Those implementing acts shall

be adopted in accordance with the

examination procedure referred to in

Article 49(2).

Amendment 157

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008

Article 45b – paragraph 5

Text proposed by the Commission Amendment

  • 5. 
    An authentication scheme, reserved 5. An authentication scheme, reserved

exclusively for carriers, shall be set up in exclusively for carriers, shall be set up in

order to allow access to the carrier gateway order to allow access to the carrier gateway

for the purposes of paragraph 2 to the duly for the purposes of paragraph 2 to the duly

authorised members of the carriers' staff. authorised members of the carriers' staff.

The authentication scheme shall be adopted When setting up the authentication

by the Commission by means of scheme, information security risk

implementing acts in accordance with the management and the principles of data

examination procedure referred to in protection by design and by default shall

Article 49(2). be taken into account. The authentication

scheme shall be adopted by the

Commission by means of implementing

acts in accordance with the examination

procedure referred to in Article 49(2).

Amendment 158

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008

Article 45b – paragraph 5 a (new)

Text proposed by the Commission Amendment

5a. The carrier gateway shall make use of a separate read-only database updated on a daily basis via a one-way extraction of the minimum necessary subset of data stored in VIS. eu-LISA shall be responsible for the security of the carrier gateway, for the security of the personal data it contains and for the process of extracting the personal data into the separate read-only database.

Amendment 159

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008

Article 45b – paragraph 5 b (new)

Text proposed by the Commission Amendment

5b. The carriers referred to in paragraph 1 of this Article shall be subject to the penalties provided for in accordance with Article 26(2) of the Convention Implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (‘the Convention implementing the Schengen Agreement’) and Article 4 of Council Directive 2001/51/EC when they transport thirdcountry nationals who, although subject to the visa requirement, are not in possession of a valid visa.

Amendment 160

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008

Article 45b – paragraph 5 c (new)

Text proposed by the Commission Amendment

5c. If third-country nationals are refused entry, any carrier which brought them to the external borders by air, sea and land shall be obliged to immediately assume responsibility for them again. At the request of the border authorities, the carriers shall be obliged to return the third-country nationals to one of either the third country from which they were transported, the third country which issued the travel document on which they travelled, or any other third country to which they are certain to be admitted.

Amendment 161

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008

Article 45b – paragraph 5 d (new)

Text proposed by the Commission Amendment

5d. By way of derogation from paragraph 1, for carriers transporting groups overland by coach, for the first three years following the start of application of this Regulation, the verification referred to in paragraph 1 shall be optional and the provisions referred to in paragraph 5b shall not apply to them.

Amendment 162

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008

Article 45c – paragraph 1

Text proposed by the Commission Amendment

  • 1. 
    Where it is technically impossible to 1. Where it is technically impossible to proceed with the consultation query proceed with the consultation query referred to in Article 45b(1), because of a referred to in Article 45b(1), because of a failure of any part of the VIS or for other failure of any part of the VIS, the carriers reasons beyond the carriers' control, the shall be exempted of the obligation to carriers shall be exempted of the obligation verify the possession of a valid visa or to verify the possession of a valid visa or travel document by using the carrier travel document by using the carrier gateway. Where such failure is detected by gateway. Where such failure is detected by eu-LISA, it shall notify the carriers. It shall the Management Authority, it shall notify also notify the carriers when the failure is the carriers. It shall also notify the carriers remedied. Where such failure is detected when the failure is remedied. Where such by the carriers, they may notify eu-LISA. failure is detected by the carriers, they may notify the Management Authority.

Amendment 163

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008

Article 45c – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. The penalties referred to in Article 45b(5b) shall not be imposed on carriers in the cases referred to in paragraph 1 of this Article.

Amendment 164

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008

Article 45c – paragraph 1 b (new)

Text proposed by the Commission Amendment

1b. Where for other reasons than a failure of any part of VIS it is technically impossible for a carrier to proceed with the consultation query referred to in Article 45b(1) for a prolonged period of time, that carrier shall inform eu-LISA.

Amendment 165

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008

Article 45d – paragraph 1

Text proposed by the Commission Amendment

  • 1. 
    To exercise the tasks and powers 1. To exercise the tasks and powers pursuant to Article 40(1) of Regulation pursuant to Article 40(1) of Regulation (EU) 2016/1624 of the European (EU) 2016/1624 of the European Parliament and of the Council* and in Parliament and of the Council* the addition to the access provided for in members of the European Border and Article 40(8) of that Regulation, the Coast Guard teams, shall, within their members of the European Border and mandate, have the right to access and Coast Guard teams, as well as teams of search data entered in VIS. staff involved in return-related operations, shall, within their mandate, have the right to access and search data entered in VIS.

Amendment 166

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008

Article 45e – paragraph 1

Text proposed by the Commission Amendment

  • 1. 
    In view of the access referred to in 1. In view of the access referred to in paragraph 1 of Article 45d, a European paragraph 1 of Article 45d, a European Border and Coast Guard team may submit Border and Coast Guard team may submit a request for the consultation of all data or a request for the consultation of all data or a specific set of data stored in the VIS to a specific set of data stored in the VIS to the European Border and Coast Guard the European Border and Coast Guard central access point referred to in Article central access point referred to in Article 45d(2). The request shall refer to the 45d(2). The request shall refer to the operational plan on border checks, border operational plan on border checks and surveillance and/or return of that Member border surveillance of that Member State State on which the request is based. Upon on which the request is based. Upon receipt receipt of a request for access, the of a request for access, the European European Border and Coast Guard central Border and Coast Guard central access access point shall verify whether the point shall verify whether the conditions conditions for access referred to in for access referred to in paragraph 2 are paragraph 2 are fulfilled. If all conditions fulfilled. If all conditions for access are for access are fulfilled, the duly authorised fulfilled, the duly authorised staff of the staff of the central access point shall central access point shall process the process the requests. The VIS data requests. The VIS data accessed shall be accessed shall be transmitted to the team in transmitted to the team in such a way as such a way as not to compromise the not to compromise the security of the data. security of the data.

Amendment 167

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008

Article 45e – paragraph 2 – point a

Text proposed by the Commission Amendment

  • a) 
    the host Member State authorises the a) the host Member State authorises the members of the team to consult VIS in members of the team to consult VIS in order to fulfil the operational aims order to fulfil the operational aims specified in the operational plan on border specified in the operational plan on border checks, border surveillance and return, checks and border surveillance, and and Amendment 168

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008

Article 45e – paragraph 3

Text proposed by the Commission Amendment

  • 3. 
    In accordance with Article 40(3) of 3. In accordance with Article 40(3) of Regulation (EU) 2016/1624, members of Regulation (EU) 2016/1624, members of the teams, as well as teams of staff the teams may only act in response to involved in return-related tasks may only information obtained from the VIS under act in response to information obtained instructions from and, as a general rule, in from the VIS under instructions from and, the presence of border guards of the host as a general rule, in the presence of border Member State in which they are operating. guards or staff involved in return-related The host Member State may authorise tasks of the host Member State in which members of the teams to act on its behalf. they are operating. The host Member State may authorise members of the teams to act on its behalf.

Amendment 169

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008

Article 45e – paragraph 7

Text proposed by the Commission Amendment

  • 7. 
    Every log of data processing 7. Every log of data processing operations within the VIS by a member of operations within the VIS by a member of the European Border and Coast Guard the European Border and Coast Guard teams or teams of staff involved in returnteams shall be kept by the Management related tasks shall be kept by the Authority in accordance with the Management Authority in accordance with provisions of Article 34. the provisions of Article 34.

Amendment 170

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008

Article 45e – paragraph 8

Text proposed by the Commission Amendment

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

Amendment 171

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 767/2008

Article 45e – paragraph 9

Text proposed by the Commission Amendment

  • 9. 
    Except where necessary to perform 9. No parts of VIS shall be connected to

the tasks for the purposes of the any computer system for data collection

Regulation establishing a European and processing operated by or at the

Travel Information and Authorisation European Border and Coast Guard Agency

System (ETIAS), no parts of VIS shall be nor shall the data contained in VIS to

connected to any computer system for data which the European Border and Coast

collection and processing operated by or at Guard Agency has access be transferred to

the European Border and Coast Guard such a system. No part of VIS shall be

Agency nor shall the data contained in VIS downloaded. The logging of access and

to which the European Border and Coast searches shall not be construed as

Guard Agency has access be transferred to constituting to be the downloading or

such a system. No part of VIS shall be copying of VIS data.

downloaded. The logging of access and

searches shall not be construed as

constituting to be the downloading or

copying of VIS data.

Amendment 172

Proposal for a regulation

Article 1 – paragraph 1 – point 35 a (new)

Regulation (EC) No 767/2008

Article 46

Present text Amendment

(35a) Article 46 is deleted;

Article 46

Integration of the technical functionalities of the Schengen Consultation Network

The consultation mechanism referred to in Article 16 shall replace the Schengen Consultation Network from the date determined in accordance with the procedure referred to in Article 49(3) when all those Member States which use the Schengen Consultation Network at the date of entry into force of this Regulation have notified the legal and technical arrangements for the use of the VIS for the purpose of consultation between central visa authorities on visa applications according to Article 17(2) of the Schengen Convention.

Amendment 173

Proposal for a regulation

Article 1 – paragraph 1 – point 35 b (new)

Regulation (EC) No 767/2008

Article 47

Present text Amendment

(35b) Article 47 is deleted;

Article 47

Start of transmission

Each Member State shall notify the Commission that it has made the necessary technical and legal arrangements to transmit the data referred to in Article 5(1) to the central VIS via the national interface.

Amendment 174

Proposal for a regulation

Article 1 – paragraph 1 – point 35 c (new)

Regulation (EC) No 767/2008

Article 48

Present text Amendment

(35c) Article 48 is deleted;

Article 48

Start of operations

  • 1. 
    The Commission shall determine the date from which the VIS is to start operations, when:

(a) the measures referred to in Article 45(2) have been adopted;

(b) the Commission has declared the successful completion of a comprehensive test of the VIS, which shall be conducted by the Commission together with Member States;

(c) following validation of technical arrangements, the Member States have notified the Commission that they have made the necessary technical and legal arrangements to collect and transmit the data referred to in Article 5(1) to the VIS for all applications in the first region determined according to paragraph 4, including arrangements for the collection and/or transmission of the data on behalf of another Member State.

  • 2. 
    The Commission shall inform the

European Parliament of the results of the test carried out in accordance with paragraph 1(b).

  • 3. 
    In every other region, the Commission shall determine the date from which the transmission of the data in Article 5(1) becomes mandatory when Member States have notified the Commission that they have made the necessary technical and legal arrangements to collect and transmit the data referred to in Article 5(1) to the

VIS for all applications in the region concerned, including arrangements for the collection and/or transmission of the data on behalf of another Member State.

Before that date, each Member State may start operations in any of these regions, as soon as it has notified to the Commission that it has made the necessary technical and legal arrangements to collect and transmit at least the data referred to in

Article 5(1)(a) and (b) to the VIS.

  • 4. 
    The regions referred to in paragraphs 1 and 3 shall be determined in accordance with the procedure referred to in Article

49(3). The criteria for the determination of these regions shall be the risk of illegal immigration, threats to the internal security of the Member States and the feasibility of collecting biometrics from all locations in this region.

  • 5. 
    The Commission shall publish the dates for the start of operations in each region in the Official Journal of the European

Union.

  • 6. 
    No Member State shall consult the data transmitted by other Member States to the VIS before it or another Member State representing this Member State starts entering data in accordance with paragraphs 1 and 3.

Amendment 175

Proposal for a regulation

Article 1 – paragraph 1 – point 35 d (new)

Regulation (EC) No 767/2008

Article 48 a (new)

Text proposed by the Commission Amendment

(35d) the following Article is inserted

“Article 48a

Exercise of delegation

  • 1. 
    The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
  • 2. 
    The power to adopt delegated acts referred to in Article 9cb and Article 23 shall be conferred on the Commission for a period of five years from … [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
  • 3. 
    The delegation of power referred to in Article 9cb and Article 23 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
  • 4. 
    Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter-institutional Agreement of 13 April2016 on Better Law-Making.
  • 5. 
    As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
  • 6. 
    A delegated act adopted pursuant to Article 9cb and Article 23 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.”;

Amendment 176

Proposal for a regulation

Article 1 – paragraph 1 – point 38

Regulation (EC) No 767/2008

Article 50 – title

Text proposed by the Commission Amendment

Monitoring and evaluation Monitoring and evaluation of impact on fundamental rights

Amendment 177

Proposal for a regulation

Article 1 – paragraph 1 – point 38

Regulation (EC) No 767/2008

Article 50 – paragraph 1

Text proposed by the Commission Amendment

  • 1. 
    The Management Authority shall 1. eu-LISA shall ensure that procedures

ensure that procedures are in place to are in place to monitor the functioning of

monitor the functioning of the VIS against the VIS against objectives relating to

objectives relating to output, costoutput, cost-effectiveness, security and

effectiveness, security and quality of quality of service, and to monitor the

service. compliance with fundamental rights

including the right of protection of

personal data, the right to nondiscrimination,

the rights of the child and

the right to an effective remedy.

Amendment 178

Proposal for a regulation

Article 1 – paragraph 1 – point 38

Regulation (EC) No 767/2008

Article 50 – paragraph 2

Text proposed by the Commission Amendment

  • 2. 
    For the purposes of technical 2. For the purposes of technical maintenance, the Management Authority maintenance, eu-LISA shall have access to shall have access to the necessary the necessary information relating to the information relating to the processing processing operations performed in the operations performed in the VIS. VIS.

Amendment 179

Proposal for a regulation

Article 1 – paragraph 1 – point 38

Regulation (EC) No 767/2008

Article 50 – paragraph 3

Text proposed by the Commission Amendment

  • 3. 
    Every two years eu-LISA shall 3. Every two years eu-LISA shall submit to the European Parliament, the submit to the European Parliament, the Council and the Commission a report on Council and the Commission a report on the technical functioning of VIS, including the technical functioning of VIS, including the security thereof. its security and costs. That report shall include an overview of the current progress of the development of the project and the associated costs, a financial impact assessment, and information on any technical issues and risks that may affect the overall cost of the system.

Amendment 180

Proposal for a regulation

Article 1 – paragraph 1 – point 38

Regulation (EC) No 767/2008

Article 50 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. In the event of delays in the development process, eu-LISA shall inform the European Parliament and the Council as soon as possible about the reasons for the delays and their impact in terms of time and finances.

Amendment 181

Proposal for a regulation

Article 1 – paragraph 1 – point 38

Regulation (EC) No 767/2008

Article 50 – paragraph 4 – subparagraph 1 – point a

Text proposed by the Commission Amendment

(a) the exact purpose of the consultation (a) the exact purpose of the consultation including the type of terrorist or serious including the type of terrorist or serious criminal offence; criminal offence and accesses to data on children below 12 years of age;

Amendment 182

Proposal for a regulation

Article 1 – paragraph 1 – point 38

Regulation (EC) No 767/2008

Article 50 – paragraph 4 – subparagraph 1 – point c a (new)

Text proposed by the Commission Amendment

(ca) the number and type of cases in which the urgency procedures referred to in Article 22m(2) were used, including those cases where the urgency was not accepted by the ex post verification carried out by the central access point;

Amendment 183

Proposal for a regulation

Article 1 – paragraph 1 – point 38

Regulation (EC) No 767/2008

Article 50 – paragraph 4 – subparagraph 1 – point d a (new)

Text proposed by the Commission Amendment

(da) statistics on child trafficking, including cases of successful identifications.

Amendment 184

Proposal for a regulation

Article 1 – paragraph 1 – point 38

Regulation (EC) No 767/2008

Article 50 – paragraph 4 – subparagraph 2

Text proposed by the Commission Amendment

Member States’ and Europol’s annual Member States’ and Europol’s annual reports shall be transmitted to the reports shall be transmitted to the Commission by 30 June of the subsequent Commission by 30 June of the subsequent year. year. The Commission shall compile the annual reports into a comprehensive report to be published by 30 December of the same year.

Amendment 185

Proposal for a regulation

Article 1 – paragraph 1 – point 38

Regulation (EC) No 767/2008

Article 50 – paragraph 5

Text proposed by the Commission Amendment

  • 5. 
    Every four years ,the Commission 5. Every two years ,the Commission shall produce an overall evaluation of the shall produce an overall evaluation of the VIS. This overall evaluation shall include VIS. This overall evaluation shall include an examination of results achieved against an examination of results achieved against objectives and an assessment of the objectives and costs sustained and an continuing validity of the underlying assessment of the continuing validity of the rationale, the application of this Regulation underlying rationale, , and its impact on in respect of the VIS, the security of the fundamental rights, the application of this VIS, the use made of the provisions Regulation in respect of the VIS, the referred to in Article 31 and any security of the VIS, the use made of the implications for future operations. The provisions referred to in Article 31 and any Commission shall transmit the evaluation implications for future operations. The to the European Parliament and the Commission shall transmit the evaluation Council. to the European Parliament and the Council.

Amendment 186

Proposal for a regulation

Article 1 – paragraph 1 – point 39

Regulation (EC) No 767/2008

Annex 1 – title

Text proposed by the Commission Amendment

  • (39) 
    The title of annex 1 is replaced by deleted the following:

List of international organisations referred to in Article 31(1).

Amendment 187

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

CHAPTER IIIa – Article 22a – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. The authority competent to issue a decision shall create an individual file before issuing it.

Amendment 188

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

CHAPTER IIIa – Article 22a – paragraph 3

Text proposed by the Commission Amendment

  • 3. 
    If the holder has applied as part of a 3. If the holder has applied as part of a group or with a family member, the group or with a family member, the authority shall create an individual file for authority shall create an individual file for each person in the group and link the files each person in the group and link the files of the persons having applied together and of the persons having applied together and who were issued a long stay visa or who were issued a long stay visa or residence permit. residence permit. Applications from parents or legal guardians shall not be separated from those of their children.

Amendment 189

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22b – paragraph 1

Text proposed by the Commission Amendment

  • 1. 
    Solely for the purpose of assessing 1. Solely for the purpose of assessing whether the person could pose a threat to whether the person could pose a threat to the public policy, or internal security or the public policy or internal security of the public health of the Member States, Member States, pursuant to Article 6(1)(e) pursuant to Article 6(1)(e) of Regulation of Regulation (EU) 2016/399, the files (EU) 2016/399, the files shall be shall be automatically processed by the automatically processed by the VIS to VIS to identify hit(s). The VIS shall identify hit(s). The VIS shall examine each examine each file individually. file individually.

Amendment 190

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22b – paragraph 2

Text proposed by the Commission Amendment

  • 2. 
    Every time an individual file is 2. Every time an individual file is created upon issuance or refusal pursuant created pursuant to Article 22c in to Article 22d of a long-stay visa or connection with a long-stay visa or residence permit, the VIS shall shall residence permit the VIS shall launch a launch a query by using the European query by using the European Search Portal Search Portal defined in Article 6(1) of [the defined in Article 6(1) of [the Interoperability Regulation] to compare the Interoperability Regulation] to compare the relevant data referred to in Article data referred to in Article 22c(2)(a), (b), 22c(2)(a), (b), (c), (f) and (g) of this (c), (f) and (g) of this Regulation. The VIS Regulation with the relevant data, in the shall verify: 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 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).

    (a) whether the travel document used for the application corresponds to a travel document reported as lost, stolen, misappropriated or invalidated in SIS;

    (b) whether the travel document used for the application corresponds to a travel document reported as lost, stolen or invalidated in the SLTD database;

    (c) whether the applicant is subject to a refusal of entry and stay alert entered in SIS;

    (d) whether the applicant is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS;

    (e) whether the applicant and the travel document correspond to a refused, revoked or annulled travel authorisation in the ETIAS Central System;

    (f) whether the applicant and the travel document are in the watch list referred to in Article 34 of Regulation (EU) 2018/1240;

    (g) whether data on the applicant is already recorded in VIS on the same person;

    (h) whether the data provided in the application concerning the travel document correspond to another application for a long-stay visa or residence permit associated with different identity data;

    (i) whether the applicant is currently reported as an overstayer or whether he or she has been reported as an overstayer in the past in the EES;

    (j) whether the applicant is recorded as having been refused entry in the EES;

    (k) whether the applicant has been subject to a decision to refuse, annul or revoke a short-stay visa recorded in VIS;

    (l) whether the applicant has been subject to a decision to refuse, annul or revoke a long-stay visa or residence permit recorded in VIS;

    (m) whether data specific to the identity of the applicant are recorded in Europol data;

    (n) in cases where the applicant is a minor, whether the applicant's parental authority or legal guardian:

    (i) is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS;

    (ii) is subject to a refusal of entry and stay alert in SIS;

    (iii) holds a travel document in the watch list referred to in Article 34 of Regulation (EU) 2018/1240.

    This paragraph must not impede the submission of an application for asylum on any grounds. If a visa application is submitted by a victim of violent crime such as domestic violence or trafficking in human beings committed by their sponsor, the file submitted to VIS shall be separated from that of the sponsor in order to protect the victim from further danger.

    To avoid the risk of false hits, any query concerning children under the age of 14 or people older than 75 years carried out with biometric identifiers taken more than five years before the match and which that does not confirm the identity the third-country national, shall be subject to a compulsory manual check by experts on biometric data.

Amendment 191

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22b – paragraph 3

Text proposed by the Commission Amendment

  • 3. 
    The VIS shall add a reference to any 3. The VIS shall add a reference to any

hit obtained pursuant to paragraphs (2) and hit obtained pursuant to paragraphs (2) and

  • (5) 
    to the individual file. Additionally, the (5) to the individual file. Additionally, the

VIS shall identify, where relevant, the VIS shall identify, where relevant, the

Member State(s) that entered or supplied Member State(s) that entered or supplied

the data having triggered the hit(s) or the data having triggered the hit(s) or

Europol, and shall record this in the Europol, and shall record this in the

individual file. individual file. No information other than

the reference to any hit and the originator

of the data shall be recorded.

Amendment 192

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22b – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. When querying SLTD, the data used

by the user of the ESP to launch a query

shall not be shared with the owners of

Interpol data.

Amendment 193

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22b – paragraph 4 – subparagraph 1 – introductory part

Text proposed by the Commission Amendment

  • 4. 
    For the purposes of Article 2(2)(f) in 4. For the purposes of Article 2(2)(f) in

respect of an issued or extended long stay respect of an issued or extended long stay

visathe queries carried out under visa the queries carried out under

22bparagraph 2 of this Article shall paragraph 2 of this Article shall compare

compare the relevant data referred to in the relevant data referred to in Article

Article 22c(2), to the data present in the 22c(2), to the data present in the SIS in

SIS in order to determine whether the order to determine whether the holder is

holder is subject to one of the following subject to one of the following alerts:

alerts:

Amendment 194

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22b – paragraph 4 – subparagraph 1 – point d

Text proposed by the Commission Amendment

(d) an alert on persons and objects for (d) an alert on persons and objects for discreet checks or specific checks. discreet checks, specific checks or inquiry checks.

Amendment 195

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22b – paragraph 4 – subparagraph 2

Text proposed by the Commission Amendment

Where the comparison referred to in this Article 9a(5a), (5b), (5c), (5d), and paragraph reports one or several hit(s), Articles 9c, 9ca, 9cb shall apply mutatis the VIS shall send an automated mutandis subject to the following specific notification to the central authority of the provisions. Member State that launched the request and shall take any appropriate follow-up action.

Amendment 196

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22b – paragraph 6

Text proposed by the Commission Amendment

  • 6. 
    Where the long stay visa or deleted residence permit is issued or extended by a consular authority of a Member State, Article 9a shall apply.

Amendment 197

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22b – paragraph 7

Text proposed by the Commission Amendment

  • 7. 
    Where the residence permit is issued deleted or extended or where a long stay visa is extended by an authority in the territory of a Member State, the following apply:

(a) that authority shall verify whether the data recorded in the individual file corresponds to the data present in the VIS, or one of the consulted EU information systems/databases, the Europol data, or the Interpol databases pursuant to paragraph 2;

(b) where the hit pursuant to paragraph 2 is related to Europol data, the Europol national unit shall be informed for follow up;

(c) where the data do not correspond, and no other hit has been reported during the automated processing pursuant to paragraphs 2 and 3, the authority shall delete the false hit from the application file;

(d) where the data correspond to or where doubts remain concerning the identity of the applicant, the authority shall take action on the data that triggered the hit pursuant to paragraph 4 according to the procedures, conditions and criteria provided by EU and national legislation.

Amendment 198

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22c – paragraph 1 – point 2 – point a

Text proposed by the Commission Amendment

(a) surname (family name); first (a) surname (family name); first name(s); date of birth; current nationality name(s); year of birth; current nationality or nationalities; sex; date, place and or nationalities; sex; place and country of country of birth; birth;

Amendment 199

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22c – paragraph 1 – point 2 – point f

Text proposed by the Commission Amendment

(f) a facial image of the holder, where (f) a facial image of the holder taken possible taken live; live;

Amendment 200

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22d – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Where a decision has been taken to refuse Where a decision has been taken to refuse a long stay visa or a residence permit a long stay visa or a residence permit because the applicant is considered to pose because the applicant is considered to pose a threat to public policy, internal security a threat to public policy or internal security or to public health or the applicant has or the applicant has presented documents presented documents which were which were fraudulently acquired, or fraudulently acquired, or falsified, or falsified, or tampered with, the authority tampered with, the authority which refused which refused it shall create without delay it shall create without delay an individual an individual file with the following data: file with the following data:

Amendment 201

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22d – paragraph 1 – point e

Text proposed by the Commission Amendment

  • e. 
    the surname, first name and address e. the surname, first name and address of the natural personon whom the of the natural person on whom the application is based; application is based;

Amendment 202

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22d – paragraph 1 – point f

Text proposed by the Commission Amendment

  • f. 
    a facial image of the applicant, where f. a facial image of the applicant taken possible taken live; live;

Amendment 203

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22d – paragraph 1 – point h

Text proposed by the Commission Amendment

  • h. 
    information indicating that the longh. information indicating that the longstay visa or residence permit has been stay visa or residence permit has been refused because the applicant is considered refused because the applicant is considered to pose a threat to public policy, public to pose a threat to public policy or public security or to public health, or because the security, or because the applicant presented applicant presented documents which were documents which were fraudulently fraudulently acquired, or falsified, or acquired, or falsified, or tampered with; tampered with;

Amendment 204

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22g – paragraph 1

Text proposed by the Commission Amendment

  • 1. 
    For the sole purpose of verifying the 1. For the sole purpose of verifying the identity of the document holder and/or the identity of the document holder and/or the authenticity and the validity of the longauthenticity and the validity of the longstay visa or residence permit and whether stay visa or residence permit and whether the person is not considered to be a threat the person is not considered to be a threat to public policy, internal security or public to public policy or internal security of any health of any of the Member States in of the Member States in accordance with accordance with Article 6(1)(e) of Article 6(1)(e) of Regulation (EU) Regulation (EU) 2016/399, the competent 2016/399, the competent authorities for authorities for carrying out checks at carrying out checks at external border external border crossing points in crossing points in accordance with that accordance with that Regulation shall have Regulation shall have access to search access to search using the number of the using the number of the document in document in combination with one or combination with one or several of the data several of the data in Article 22c(2)(a), (b) in Article 22c(2)(a), (b) and (c) of this and (c) of this Regulation. Regulation.

Amendment 205

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22g – paragraph 2 – point e

Text proposed by the Commission Amendment

(e) photographs as referred to in Article (e) facial images as referred to in Article

22c(2)(f). 22c(2)(f).

Amendment 206

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22h – paragraph 1

Text proposed by the Commission Amendment

  • 1. 
    For the sole purpose of verifying the 1. For the sole purpose of verifying the identity of the holder and the authenticity identity of the holder and the authenticity and the validity of the long-stay visa or and the validity of the long-stay visa or residence permit or whether the person is residence permit the authorities competent not a threat to public policy, internal for carrying out checks within the territory security or public health of any of the of the Member States as to whether the Member States ,the authorities competent conditions for entry to, stay or residence on for carrying out checks within the territory the territory of the Member States are of the Member States as to whether the fulfilled and shall have access to search conditions for entry to, stay or residence on using the number of the long-stay visa or the territory of the Member States are residence permit in combination with one fulfilled and, as applicable, police or several of the data in Article 22c(2)(a), authorities, shall have access to search (b) and (c). using the number of the long-stay visa or residence permit in combination with one or several of the data in Article 22c(2)(a), (b) and (c).

Amendment 207

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22h – paragraph 2 – point e

Text proposed by the Commission Amendment

(e) photographs as referred to in Article (e) facial images as referred to in Article

22c(2)(f). 22c(2)(f).

Amendment 208

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22k – paragraph 1

Text proposed by the Commission Amendment

  • 1. 
    Member States shall designate the 1. Member States shall designate the

authorities which are entitled to consult the authorities which are entitled to consult the

data stored in the VIS in order to prevent, data stored in the VIS in order to prevent,

detect and investigate terrorist offences or detect and investigate terrorist offences or

other serious criminal offences. other serious criminal offences in

appropriate and strictly defined

circumstances as referred to in Article

22n. Those authorities shall only be

allowed to consult data of children below

12 years of age to protect missing children

and children who are victims of serious

crimes.

Amendment 209

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22k – paragraph 2

Text proposed by the Commission Amendment

  • 2. 
    Each Member State shall keep a list 2. Each Member State shall keep a of the designated authorities. Each Member strictly limited list of the designated State shall notify eu-LISA and the authorities. Each Member State shall notify Commission of its designated authorities eu-LISA and the Commission of its and may at any time amend or replace its designated authorities and may at any time notification. amend or replace its notification.

Amendment 210

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22l – paragraph 2 – subparagraph 2

Text proposed by the Commission Amendment

The central access point shall act The central access point shall act fully independently when performing its tasks independently when performing its tasks under this Regulation and shall not receive under this Regulation and shall not receive instructions from the Europol designated instructions from the Europol designated authority referred to in paragraph 1 as authority referred to in paragraph 1 as regards the outcome of the verification. regards the outcome of the verification.

Amendment 211

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22m – paragraph 3

Text proposed by the Commission Amendment

  • 3. 
    Where an ex post verification 3. Where an ex post verification determines that the access to VIS data was determines that the access to VIS data was not justified, all the authorities that not justified, all the authorities that accessed such data shall erase the accessed such data shall immediately erase information accessed from the VIS and the information accessed from the VIS and shall inform the central access points of the shall inform the central access points of the erasure. erasure.

Amendment 212

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22n – paragraph 1 – introductory part

Text proposed by the Commission Amendment

  • 1. 
    Designated authorities may access 1. Without prejudice to Article 22 of

the VIS for consultation if all of the Regulation 2018/XX [on interoperability]

following conditions are met: designated authorities may access the VIS

for consultation if all of the following

conditions are met:

Amendment 213

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22n – paragraph 1 – point c a (new)

Text proposed by the Commission Amendment

(ca) in case of searches with fingerprints, a prior search has been launched in the automated fingerprint identification system of the other Member States under Decision 2008/615/JHA where comparisons of fingerprints are technically available, and either that search has been fully carried out, or that search has not been fully carried out within 24 hours of being launched.

Amendment 214

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22n – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) where a query to the CIR was (d) where a query to the CIR was launched in accordance with Article 22 of launched in accordance with Article 22 of Regulation 2018/XX [on interoperability], Regulation 2018/XX [on interoperability], the reply received as referred to in the reply received as referred to in paragraph 5 of [Article 22 of Regulation paragraph 5 of [Article 22 of Regulation reveals that data is stored in the VIS." 2018/XX [on interoperability]] reveals that data is stored in the VIS."

Amendment 215

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22n – paragraph 3 – introductory part

Text proposed by the Commission Amendment

  • 3. 
    Consultation of the VIS shall be 3. Consultation of the VIS shall be limited to searching with any of the limited to searching with any of the following data in the individual file: following data in the application file or individual file:

Amendment 216

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22n – paragraph 3 – point a

Text proposed by the Commission Amendment

(a) surname(s) (family name), first (a) surname(s) (family name), first name(s) (given names), date of birth, name(s) (given names), year of birth, nationality or nationalities and/or sex; nationality or nationalities and/or sex;

Amendment 217

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22n – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. The Commission shall present a report to the European Parliament and to the Council on the feasibility, availability, readiness and reliability of the required technology to use facial images to identify a person.

Amendment 218

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22n – paragraph 3 b (new)

Text proposed by the Commission Amendment

3b. The facial image referred to in point

(e) of paragraph 3 shall not be the only

search criterion.

Amendment 219

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22n – paragraph 4

Text proposed by the Commission Amendment

  • 4. 
    Consultation of the VIS shall, in the 4. Consultation of the VIS shall, in the event of a hit, give access to the data listed event of a hit, give access to the data listed in this paragraph as well as to any other in paragraph 3 of this Article as well as to data taken from the individual file, any other data taken from the application including data entered in respect of any file or individual file, including data document issued, refused, annulled, entered in respect of any document issued, revoked or extended. Access to the data refused, annulled, revoked or extended. referred to in point (4)(l) of Article 9as Access to the data referred to in point (4)(l) recorded in the application file shall only of Article 9 as recorded in the application be given if consultation of that data was file shall only be given if consultation of explicitely requested in a reasoned request that data was explicitly requested in a and approved by independent verification. reasoned request and approved by independent verification.

Amendment 220

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22o – paragraph 1

Text proposed by the Commission Amendment

By derogation from Article 22n(1), By derogation from Article 22n(1), designated authorities shall not be obliged designated authorities shall not be obliged to fulfil the conditions laid down in that to fulfil the conditions laid down in that paragraph to access the VIS for the purpose paragraph to access the VIS for the purpose of identification of persons who had gone of identification of persons, particularly missing, abducted or identified as victims children, who had gone missing, abducted of trafficking in human beings and in or identified as victims of trafficking in respect of whom there are reasonable human beings and in respect of whom there grounds to consider that consultation of are serious grounds to consider that VIS data will support their identification, consultation of VIS data will support their and/or contribute in investigating specific identification and contribute in cases of human trafficking. In such investigating specific cases of human circumstances, the designated authorities trafficking. In such circumstances, the may search in the VIS with the fingerprints designated authorities may search in the of those persons. VIS with the fingerprints of those persons.

Amendment 221

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22o – paragraph 2

Text proposed by the Commission Amendment

Where the fingerprints of those persons Where the fingerprints of those persons cannot be used or the search with the cannot be used or the search with the fingerprints fails, the search shall be fingerprints fails, the search shall be carried out with the data referred to in carried out with the data referred to in points (a) and (b) of Article 9. points (a) and (b) of Article 9(4) or points (a) and (b) of Article 22c(2).

Amendment 222

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22o – paragraph 3

Text proposed by the Commission Amendment

Consultation of the VIS shall, in the event Consultation of the VIS shall, in the event of a hit, give access to any of the data in of a hit, give access to any of the data in Article 9, as well as to the data in Article Article 9, Article 22c or Article 22d, as 8(3) and (4). well as to the data in Article 8(3) and (4) or Article 22a(3).

Amendment 223

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22p – paragraph 3

Text proposed by the Commission Amendment

  • 3. 
    Europol's designated authority may 3. Europol's designated authority may submit a reasoned electronic request for the submit a reasoned electronic request for the consultation of all data or a specific set of consultation of all data or a specific set of data stored in the VIS to the Europol data stored in the VIS to the Europol central access point referred to in Article central access point referred to in Article 22k(3). Upon receipt of a request for 22l(2). Upon receipt of a request for access access the Europol central access point the Europol central access point shall shall verify whether the conditions for verify whether the conditions for access access referred to in paragraphs 1 and 2 are referred to in paragraphs 1 and 2 are fulfilled. If all conditions for access are fulfilled. If all conditions for access are fulfilled, the duly authorised staff of the fulfilled, the duly authorised staff of the central access point(s) shall process the central access point(s) shall process the requests. The VIS data accessed shall be requests. The VIS data accessed shall be transmitted to the operating units referred transmitted to the operating units referred to in Article 22l(1) in such a way as not to to in Article 22l(1) in such a way as not to compromise the security of the data. compromise the security of the data.

Amendment 224

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22q – paragraph 1

Text proposed by the Commission Amendment

  • 1. 
    Each Member State and Europol 1. Each Member State and Europol shall ensure that all data processing shall ensure that all data processing operations resulting from requests to access operations resulting from requests to access to VIS data in accordance with Chapter to VIS data in accordance with Chapter IIIc are logged or documented for the IIIb are recorded or documented for the purposes of checking the admissibility of purposes of monitoring the admissibility of the request, monitoring the lawfulness of the request, monitoring the lawfulness of the data processing and data integrity and the data processing and data integrity and security, and self-monitoring. security, and possible impact on fundamental rights, and self-monitoring.

    The records or documents shall be protected by appropriate measures against unauthorised access and erased two years after their creation, unless they are required for monitoring procedures that have already begun.

Amendment 225

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22q – paragraph 2 – point g

Text proposed by the Commission Amendment

(g) in accordance with national rules or (g) in accordance with national rules or

with Regulation (EU) 2016/794, the unique with Regulation (EU) 2016/794 or, where

user identity of the official who carried out applicable, Regulation (EU) 2018/1725,

the search and of the official who ordered the unique user identity of the official who

carried out the search and of the official

the search. who ordered the search.

Amendment 226

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22q – paragraph 3

Text proposed by the Commission Amendment

  • 3. 
    Logs and documentation shall be 3. Logs and documentation shall be used only for monitoring the lawfulness of used only for monitoring the lawfulness of data processing and for ensuring data data processing, for monitoring the impact integrity and security. Only logs which do on fundamental rights, and for ensuring not contain personal data may be used for data integrity and security. Only logs the monitoring and evaluation referred to which do not contain personal data may be in Article 50 of this Regulation. The used for the monitoring and evaluation supervisory authority established in referred to in Article 50 of this Regulation. accordance with Article 41(1) of Directive The supervisory authority established in (EU) 2016/680, which is responsible for accordance with Article 41(1) of Directive checking the admissibility of the request (EU) 2016/680, which is responsible for and monitoring the lawfulness of the data monitoring the lawfulness of the data processing and data integrity and security, processing and data integrity and security, shall have access to these logs at its request shall have access to these logs at its request for the purpose of fulfilling its duties. for the purpose of fulfilling its duties.

Amendment 227

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EC) No 767/2008

Article 22r a (new)

Text proposed by the Commission Amendment

Article 22ra Protection of personal data accessed in

accordance with Chapter IIIb

  • 1. 
    Each Member State shall ensure that the national laws, regulations and administrative provisions adopted pursuant to Directive (EU) 2016/680 are also applicable to the access to VIS by its national authorities under this chapter, including in relation to the rights of the persons whose data are so accessed.
  • 2. 
    The supervisory authority referred to in Article 41(1) of Directive (EU) 2016/680 shall monitor the lawfulness of the access to personal data by the Member States in accordance with this Chapter, including their transmission to and from VIS. Article 41(3) and (4) of this Regulation shall apply accordingly.
  • 3. 
    The processing of personal data by Europol pursuant to this Regulation shall be carried out in accordance with Regulation (EU) 2016/794 and shall be supervised by the European Data Protection Supervisor.
  • 4. 
    Personal data accessed in VIS in accordance with this Chapter shall only be processed for the purposes of the prevention, detection or investigation of the specific case for which the data have been requested by a Member State or by Europol.
    • 5. 
      eu-LISA, the designated authorities, the central access points and Europol shall keep logs as referred to in Article 22q of the searches for the purpose of enabling the supervisory authority referred to in Article 41(1) of Directive (EU) 2016/680 and the European Data Protection Supervisor to monitor the compliance of data processing with Union and national data protection rules. With the exception of data held for that purpose, personal data and the records of searches shall be erased from all national and Europol files after 30 days, unless those data and records are required for the purposes of the specific ongoing criminal investigation for which they were requested by a Member State or by Europol.

Amendment 228

Proposal for a regulation

Article 2 – title

Text proposed by the Commission Amendment

Amendments to Decision 2004/512/EC Repeal of Decision 2004/512/EC

Amendment 229

Proposal for a regulation

Article 2 – paragraph 1Decision 2004/512/EC

Article 1 – paragraph 2

Text proposed by the Commission Amendment

Article 1(2) of Decision 2004/512/EC is Decision 2004/512/EC is repealed. replaced by the following: References to that Decision shall be construed as references to Regulation (EC) No 767/2008 and shall be read in accordance with the correlation table in Annex 2.

  • 2. 
    The Visa Information System shall be based on a centralised architecture and consist of:

(a) the common identity repository as referred to in [Article 17(2)(a) of Regulation 2018/XX on interoperability],

(b) a central information system, hereinafter referred to as ‘the Central Visa Information System’ (VIS), (c) an interface in each Member State, hereinafter referred to as ‘the National Interface’ (NI-VIS) which shall provide the connection to the relevant central national authority of the respective Member State, or a National Uniform Interface (NUI) in each Member State based on common technical specifications and identical for all Member States enabling the Central System to connect to the national infrastructures in Member States,

(d) a communication infrastructure between the VIS and the National

Interfaces;

(e) a Secure Communication Channel between the VIS and the EES Central

System;

(f) a secure communication infrastructure between the VIS Central

System and the central infrastructures of the European search portal established by

[Article 6 of Regulation 2017/XX on interoperability], shared biometric matching service established by [Article

12 of Regulation 2017/XX on interoperability], the common identity repository established by [Article 17 of

Regulation 2017/XX on interoperability] and the multiple-identity detector (MID) established by [Article 25 of Regulation

2017/XX on interoperability];

(g) a mechanism of consultation on applications and exchange of information between central visa authorities

('VISMail');

(h) a carrier gateway;

(i) a secure web service enabling communication between the VIS, on the one hand and the the carrier gateway, and the international systems (Interpol systems/databases), on the other hand;

(j) a repository of data for the purposes of reporting and statistics.

The Central System, the National

Uniform Interfaces, the web service, the carrier gateway and the Communication

Infrastructure of the VIS shall share and re-use as much as technically possible the hardware and software components of respectively the EES Central System, the EES National Uniform Interfaces, the ETIAS carrier gateway, the EES web service and the EES Communication Infrastructure)..

Amendment 230

Proposal for a regulation

Article 3 – paragraph 1 – point 1

Regulation (EC) No 810/2009

Article 10 – paragraph 3 – point c

Text proposed by the Commission Amendment

(c) present a photograph in accordance (c) allow the live-taking of a facial with the standards set out in Regulation image upon a first application and (EC) No 1683/95 or, upon a first subsequently at least every 59 months application and subsequently at least every following that, in accordance with the 59 months following that, in accordance standards set out in Article 13 of this with the standards set out in Article 13 of Regulation. this Regulation.;

Amendment 231

Proposal for a regulation

Article 3 – paragraph 1 – point 2 – point a

Regulation (EC) No 810/2009

Article 13 – paragraph 2 – indent 1

Text proposed by the Commission Amendment

  • a photograph taken live and collected - a facial image taken live at the time of digitally at the time of the application;; the application.

Amendment 232

Proposal for a regulation

Article 3 – paragraph 1 – point 2 – point b

Regulation (EC) No 810/2009

Article 13 – paragraph 3 – subparagraph 1

Text proposed by the Commission Amendment

Where fingerprints and a live photograph Where fingerprints and a live photograph of sufficient quality were collected from of sufficient quality were collected from the applicant and entered in the VIS as part the applicant and entered in the VIS as part of an application lodged less than 59 of an application lodged less than 59 months before the date of the new months before the date of the new application, these [data] may be copied to application, these shall be copied to the the subsequent application.; subsequent application.

Amendment 253

Proposal for a regulation

Article 3 – paragraph 1 – point 2 – point c

Regulation (EC) No 810/2009

Article 13 – paragraph 7 – point a

Text proposed by the Commission Amendment

(a) children under the age of 6; (a) children under the age of 6 and persons over the age of 70;

Amendment 233

Proposal for a regulation

Article 3 – paragraph 1 – point 3 – point b

Regulation (EC) No 810/2009

Article 21 – paragraph 3a – point a

Text proposed by the Commission Amendment

(a) SIS and the SLTD to check whether (a) SIS and the SLTD to check whether

the travel document used for the the travel document used for the

application corresponds to a travel application corresponds to a travel

document reported lost, stolen or document reported lost, stolen or

invalidated in the and whether the travel invalidated;

document used for the application

corresponds to a travel document

recorded in a file in the Interpol TDAWN;

Amendment 234

Proposal for a regulation

Article 3 – paragraph 1 – point 3 – point b

Regulation (EC) No 810/2009

Article 21 – paragraph 3a – point g

Text proposed by the Commission Amendment

(g) the ECRIS-TCN system to check deleted whether the applicant corresponds to a person whose data is recorded in this database for terrorist offences or other serious criminal offences;

Amendment 235

Proposal for a regulation

Article 3 – paragraph 1 – point 4

Regulation (EC) No 810/2009

Article 21a – paragraph -1

Text proposed by the Commission Amendment

-1. The specific risk indicators shall be an algorithm enabling profiling as defined in point (4) of Article 4 of Regulation (EU) 2016/679 through the comparison of the data recorded in an application file with specific risk indicators pointing to security, illegal immigration or high epidemic risks. The specific risk indicators shall be registered in VIS.

Amendment 236

Proposal for a regulation

Article 3 – paragraph 1 – point 4

Regulation (EC) No 810/2009

Article 21a– paragraph 1 – introductory part

Text proposed by the Commission Amendment

  • 1. 
    Assessment of security or illegal 1. The Commission shall adopt a

immigration or a high epidemic risks shall delegated act in accordance with Article

be based on: 51a to further define the risks related to

security or illegal immigration or high

epidemic risks on the basis of:

Amendment 237

Proposal for a regulation

Article 3 – paragraph 1 – point 4

Regulation (EC) No 810/2009

Article 21a – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) statistics generated by the VIS in (b) statistics generated by the VIS in accordance with Article 45a indicating accordance with Article 45a indicating abnormal rates of refusals of visa abnormal rates of refusals of visa applications due to an irregular migration, applications due to an irregular migration security or public health risk associated or security risk associated with an with a specific group of travellers; applicant;

Amendment 238

Proposal for a regulation

Article 3 – paragraph 1 – point 4

Regulation (EC) No 810/2009

Article 21a – paragraph 2

Text proposed by the Commission Amendment

  • 2. 
    The Commission shall adopt an deleted implementing act specifying the risks referred to in paragraph 1. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 52(2).

Amendment 239

Proposal for a regulation

Article 3 – paragraph 1 – point 4

Regulation (EC) No 810/2009

Article 21a – paragraph 3 – introductory part

Text proposed by the Commission Amendment

  • 3. 
    Based on the specific risks 3. Based on the specific risks determined in accordance with paragraph 2 determined in accordance with this specific risk indicators shall be established, Regulation and the delegated act referred consisting of a combination of data to in paragraph 1 specific risk indicators including one or several of the following: shall be established, consisting of a combination of data including one or several of the following:

Amendment 240

Proposal for a regulation

Article 3 – paragraph 1 – point 4

Regulation (EC) No 810/2009

Article 21a – paragraph 6

Text proposed by the Commission Amendment

  • 6. 
    The specific risk indicators shall be 6. The specific risk indicators shall be used by the visa authorities when assessing used by the visa authorities when assessing whether the applicant presents a risk of whether the applicant presents a risk of illegal immigration, a risk to the security of illegal immigration or a risk to the security the Member States, or a high epidemic risk of the Member States, in accordance to in accordance to Article 21(1). Article 21(1).

Amendment 241

Proposal for a regulation

Article 3 – paragraph 1 – point 4

Regulation (EC) No 810/2009

Article 21a – paragraph 7

Text proposed by the Commission Amendment

  • 7. 
    The specific risks and the specific 7. The specific risks and the specific risk indicators shall be regularly reviewed risk indicators shall be regularly reviewed by the Commission.; by the Commission and the European Union Agency for Fundamental Rights.

Amendment 242

Proposal for a regulation

Article 3 – paragraph 1 – point 4 a (new)

Regulation (EC) No 810/2009

Article 39

Present text Amendment

(4a) Article 39 is replaced by the following:

Article 39 Article 39

Conduct of staff Conduct of staff and respect for fundamental rights

  • 1. 
    Member States’ consulates shall 1. Member States’ consulates shall ensure that applicants are received ensure that applicants are received courteously. courteously. Consular staff shall fully respect human dignity when carrying out their duties.
  • 2. 
    Consular staff shall, in the 2. Consular staff shall fully respect performance of their duties, fully respect fundamental rights and observe the human dignity. Any measures taken shall principles recognised by the Charter of be proportionate to the objectives pursued Fundamental Rights of the European by such measures. Union when carrying out their duties. Any measures taken shall be proportionate to the objectives pursued by such measures.
  • 3. 
    While performing their tasks, 3. While performing their tasks, consular staff shall not discriminate against consular staff shall not discriminate against persons on grounds of sex, racial or ethnic persons on any grounds such as sex, racial origin, religion or belief, disability, age or or ethnic origin, colour, social origin, sexual orientation. genetic features, language, political or any opinion, membership of a national minority, property, birth, religion or belief, disability, age or sexual orientation. The best interests of the child shall be a primary consideration.”;

Amendment 243

Proposal for a regulation

Article 3 – paragraph 1 – point 4 b (new)

Regulation (EC) No 810/2009

Article 39 a (new)

Text proposed by the Commission Amendment

(4b) the following Article is inserted:

“Article 39a

Fundamental Rights

When applying this Regulation, Member States shall act in full compliance with relevant Union law, including the Charter of Fundamental Rights of the European Union, relevant international law, including the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951, obligations related to access to international protection, in particular the principle of non-refoulement, and fundamental rights. In accordance with the general principles of Union law, decisions under this Regulation shall be taken on an individual basis. The best interests of the child shall be a primary consideration.”;

Amendment 244

Proposal for a regulation

Article 3 – paragraph 1 – point 5 a (new)

Regulation (EC) No 810/2009

Article 51 a (new)

Text proposed by the Commission Amendment

(5a) the following Article is inserted:

“Article 51a

Exercise of the delegation

  • 1. 
    The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
  • 2. 
    The power to adopt delegated acts referred to in Article 21a shall be conferred on the Commission for a period of five years from … [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
  • 3. 
    The delegation of power referred to in Article 21a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
  • 4. 
    Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making.
  • 5. 
    As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
  • 6. 
    A delegated act adopted pursuant to Article 21a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.”;

Amendment 245

Proposal for a regulation

Article 4 – paragraph 1 – point 2

Regulation (EU) 2017/2226

Article 13 – paragraph 3

Text proposed by the Commission Amendment

  • 3. 
    In order to fulfil their obligation 3. In order to fulfil their obligation

under point (b) of Article 26(1) of the under point (b) of Article 26(1) of the

Convention implementing the Schengen Convention implementing the Schengen

Agreement, carriers shall use the web Agreement, carriers shall use the web

service to verify whether a short-stay visa service to verify whether a short-stay visa

is valid, including if the number of is valid, including if the number of

authorised entries have already been used authorised entries have already been used

or if the holder has reached the maximum or if the holder has reached the maximum

duration of the authorised stay or, as the duration of the authorised stay or, as the

case may be, if the visa is valid for the case may be, if the visa is valid for the

territory of the port of destination of that territory of the port of destination of that

travel. Carriers shall provide the data listed travel. Carriers shall provide the data listed

under points (a), (b) and (c) of Article under points (a), (b) and (c) of Article

16(1) of this Regulation. On that basis, the 16(1) of this Regulation. On that basis, the

web service shall provide carriers with an web service shall provide carriers with an

OK/NOT OK answer. Carriers may store OK/NOT OK answer. Carriers may store

the information sent and the answer the information sent and the answer

received in accordance with the applicable received in accordance with the applicable

law. Carriers shall establish an law. Carriers shall establish an

authentication scheme to ensure that only authentication scheme to ensure that only

authorised staff may access the web authorised staff may access the web

service. It shall not be possible to regard service. It shall not be possible to regard

the OK/NOT OK answer as a decision to the OK/NOT OK answer as a decision to

authorise or refuse entry in accordance authorise or refuse entry in accordance

with Regulation (EU) 2016/399.; with Regulation (EU) 2016/399. In cases

where passengers are not allowed to

board due to a query in VIS, carriers shall

provide passengers with that information

and the means to exercise their rights to

access, rectification and erasure of

personal data stored in VIS.";

Amendment 246

Proposal for a regulation

Article 4 – paragraph 1 – point 2 a (new)

Regulation (EU) 2017/2226

Article 14 – paragraph 3

Present text Amendment

(2a) In Article 14, paragraph 3 is replaced by the following:

  • 3. 
    Where it is necessary to enter or "3. Where it is necessary to enter or update the entry/exit record data of a visa update the entry/exit record data of a visa holder, the border authorities may retrieve holder, the border authorities may retrieve from the VIS and import into the EES the from the VIS and import into the EES the data provided for in points (c) to (f) of data provided for in point (d) of Article Article 16(2) of this Regulation in 16(1) and points (c) to (f) of Article 16(2) accordance with Article 8 of this of this Regulation in accordance with Regulation and Article 18a of Regulation Article 8 of this Regulation and Article 18a (EC) No 767/2008. of Regulation (EC) No 767/2008."; Amendment 247

Proposal for a regulation

Article 4 – paragraph 1 – point 2 b (new)

Regulation (EU) 2017/2226

Article 15 – paragraph 1

Present text Amendment

(2b) In Article 15, paragraph 1 is replaced by the following:

  • 1. 
    Where it is necessary to create an "1. Where it is necessary to create an individual file or to update the facial image individual file or to update the facial image referred to in point (d) of Article 16(1) and referred to in and point (b) of Article 17(1), point (b) of Article 17(1), the facial image the facial image shall be taken live.”; shall be taken live.

Amendment 248

Proposal for a regulation

Article 4 – paragraph 1 – point 2 c (new)

Regulation (EU) 2017/2226

Article 15 – paragraph 1 a (new)

Text proposed by the Commission Amendment

(2c) In Article 15, the following paragraph is inserted:

“1a. The facial image referred to in point (d) of Article 16(1) shall be retrieved from

VIS and imported into the EES.”;

Amendment 249

Proposal for a regulation

Article 4 – paragraph 1 – point 2 d (new)

Regulation (EU) 2017/2226

Article 15 – paragraph 5

Present text Amendment

(2d) In Article 15, paragraph 5 is

deleted;

  • 5. 
    Within a period of two years following the start of operations of the EES, the Commission shall produce a report on the quality standards of facial images stored in the VIS and on whether they are such that they enable biometric matching with a view to using facial images stored in the VIS at borders and within the territory of the Member States for the verification of the identity of thirdcountry nationals subject to a visa requirement, without storing such facial images in the EES. The Commission shall transmit that report to the European Parliament and to the Council. That report shall be accompanied, where considered appropriate by the Commission, by legislative proposals, including proposals to amend this Regulation, Regulation (EC) No 767/2008, or both, as regards the use of the facial images of third-country nationals stored in the VIS for the purposes referred to in this paragraph.

Amendment 250

Proposal for a regulation

Article 7 – paragraph 1 – point 2

Regulation 2018/XX on interoperability

Article 18 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) the data referred to in Article 9(4)(a), (b) the data referred to in Article 9(4)(a) (b) and (c), Article 9 (5) and (6), Article to (cc), Article 9 (5) and (6), Article 22c(2)(a) to (cc), (f) and (g), Article 22c(2)(a) to (cc), (f) and (g), Article 22d(a), (b), (c), (f) and (g) of Regulation 22d(a), (b), (c), (f) and (g) of Regulation (EC) No 767/2008; (EC) No 767/2008;

Amendment 251

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission Amendment

This Regulation shall enter into force on This Regulation shall enter into force on the twentieth day following that of its the twentieth day following that of its publication in the Official Journal of the publication in the Official Journal of the European Union. European Union.

It shall apply from ... [two years after the date of entry into force] with the exception of the provisions on implementing and delegated acts provided for in points (6), (7), (26), (27), (33) and (35) of Article 1, point (4) of Article 3 and point (1) of Article 4, which shall apply from the date of entry into force of this Regulation.

By ... [one year after the entry into force of this Regulation] the Commission shall submit a report to the European Parliament and to the Council on the state of play of the preparation of the full implementation of this Regulation. That report shall also contain detailed information on the costs incurred and information as to any risks which may impact the overall costs.


 
 
 

2.

Meer informatie

16 mei
'18
COM(2018)302 - Wijziging van Verordening (EG) nr. 767/2008, Verordening (EG) nr. 810/2009, Verordening (EU) 2017/2226, Verordening (EU) 2016/399, Verordening XX/2018 [de interoperabiliteitsverordening] en Beschikking 2004/512/EG

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