Index 
Texts adopted
Wednesday, 24 October 2018 - StrasbourgProvisional edition
Request for waiver of the immunity of Steeve Briois
 Request for waiver of the immunity of Sophie Montel
 Request for waiver of the immunity of Georgios Kyrtsos
 General budget of the European Union for 2019 - all sections
 Discharge 2016: EU general budget - European Council and Council
 Discharge 2016: European Asylum Support Office (EASO)
 Support to structural reforms in Member States ***I
 Launch of automated data exchange with regard to dactyloscopic data in Ireland *
 Launch of automated data exchange with regard to DNA data in Ireland *
 Launch of automated data exchange with regard to dactyloscopic data in Croatia *
 Reduction of the impact of certain plastic products on the environment ***I
 Establishment, operation and use of the Schengen Information System in the field of border checks ***I
 Establishment, operation and use of the Schengen Information System in the field of police cooperation and judicial cooperation in criminal matters ***I
 Use of the Schengen Information System for the return of illegally staying third-country nationals ***I
 Harmonisation of the structures of excise duties on alcohol and alcoholic beverages *
 Renewing the authorisation for genetically modified maize NK603 × MON 810
 Authorisation for genetically modified maize MON 87427 × MON 89034 × 1507 × MON 88017 × 59122

Request for waiver of the immunity of Steeve Briois
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European Parliament decision of 24 October 2018 on the request for waiver of the immunity of Steeve Briois (2018/2075(IMM))
P8_TA-PROV(2018)0401A8-0349/2018

The European Parliament,

–  having regard to the request for waiver of the immunity of Steeve Briois forwarded on 21 February 2018 by the Minister of Justice of the French Republic in connection with a judicial inquiry (B-49 2018/00242) opened against Steeve Briois at the Nanterre Regional Court in response to an application with joinder filed by the ‘Maison des Potes – Maison de l’Égalité’ association on grounds of public incitement to racial or religious discrimination and announced in plenary on 28 May 2018,

–  having heard Steeve Briois in accordance with Rule 9(6) of its Rules of Procedure,

–  having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

–  having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013(1),

–  having regard to Article 26 of the Constitution of the French Republic, as amended by Constitutional Law No 95-880 of 4 August 1995,

–  having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A8-0349/2018),

A.  whereas the Public Prosecutor at the Versailles Court of Appeal has requested the waiver of the parliamentary immunity of a Member of the European Parliament, Steeve Briois, in connection with a legal action concerning an alleged offence;

B.  whereas the waiver of immunity of Steeve Briois relates to an alleged offence of public incitement to discrimination on grounds of nationality, race or religion by word of mouth, in written form or by means of images or electronic public communication by a person or persons unknown, an offence provided for in French law, namely in Article 24, paragraph 8, Article 23, paragraph 1, and Article 42 of the Law of 29 July 1881 and Article 93-3 of Law No 82-652 of 29 July 1982, the penalties for which are laid down in Article 24, paragraphs 8, 10, 11 and 12 of the Law of 29 July 1881 and Article 121-7 of the French Criminal Code;

C.  whereas the judicial inquiry against Steeve Briois was opened in response to a civil action brought on 22 May 2014 by the ‘Maison des Potes – Maison de l’Égalité’;

D.  whereas the complaint concerned statements made in a brochure entitled ‘Handbook for Front National local councillors’, published on 19 September 2013 and posted on the official website of the Front National federation on 30 November 2013, that encouraged any National Front candidates elected to the post of local councillor in the elections held on 23 and 30 March 2014 to recommend, at the first sitting of their new local council, that priority should be given to French people (‘priorité nationale’) when allocating social housing;

E.  whereas French law might attribute criminal liability not only to the material author of a publication;

F.  whereas the investigators were informed in the course of the investigation by the Front National’s then publications director that the contested handbook had been drawn up by the services of the general secretariat; whereas Steeve Briois was at the time general-secretary;

G.  whereas with a view to carrying out the initial questioning of Steeve Briois in connection with the charges brought against him, the competent authorities made an application for his immunity to be waived;

H.  whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State;

I.  whereas Article 26 of the French Constitution provides that no Member of the French Parliament shall be prosecuted, investigated, arrested, detained or tried in respect of opinions expressed or votes cast in the performance of his official duties;

J.  whereas the scope of immunity accorded to Members of the French Parliament corresponds in fact to the scope of immunity accorded to Members of the European Parliament under Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union; whereas the Court of Justice has held that for a Member of the European Parliament to enjoy immunity, an opinion must be expressed by the Member in the performance of his duties, thus entailing the requirement of a link between the opinion expressed and the parliamentary duties; whereas such link must be direct and obvious;

K.  whereas Steeve Briois was not a Member of the European Parliament when the alleged offence took place, namely on 19 September and 30 November 2013, but the allegedly offensive materials were still available for consultation by anyone wishing to access them on 23 June and 2 October 2014;

L.  whereas the charges are manifestly unrelated to the position of Steeve Briois as a Member of the European Parliament and concern instead activities of a national or regional nature, given that the statements were made to prospective local council members with a view to the local elections to be held on 23 and 30 March 2014;

M.  whereas the alleged actions do not relate to opinions expressed or votes cast by the Member of the European Parliament in the performance of his duties within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

N.  whereas there is no reason to suspect that the intention underlying the legal proceedings, which were opened following an application by the ‘Maison des Potes – Maison de l’Égalité’ association and submitted before the Member assumed his seat in the European Parliament, is to obstruct the parliamentary work of Steeve Briois (fumus persecutionis);

1.  Decides to waive the immunity of Steeve Briois;

2.  Instructs its President to forward this decision and the report of its committee responsible immediately to the Minister of Justice of the French Republic and to Steeve Briois.

(1) Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C‑200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C‑163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.


Request for waiver of the immunity of Sophie Montel
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European Parliament decision of 24 October 2018 on the request for waiver of the immunity of Sophie Montel (2018/2076(IMM))
P8_TA-PROV(2018)0402A8-0350/2018

The European Parliament,

–  having regard to the request for waiver of the immunity of Sophie Montel forwarded on 21 February 2018 by the Minister of Justice of the French Republic in connection with a judicial inquiry (B-49 2018/00243) opened against Sophie Montel at the Nanterre Regional Court in response to an application with joinder filed by the ‘Maison des Potes – Maison de l’ Égalité’ association on grounds of public incitement to racial or religious discrimination and announced in plenary on 28 May 2018,

–  having heard Sophie Montel in accordance with Rule 9(6) of its Rules of Procedure,

–  having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

–  having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013(1),

–  having regard to Article 26 of the Constitution of the French Republic, as amended by Constitutional Law No 95-880 of 4 August 1995,

–  having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A8-0350/2018),

A.  whereas the Public Prosecutor at the Versailles Court of Appeal has requested the waiver of the parliamentary immunity of a Member of the European Parliament, Sophie Montel, in connection with a legal action concerning an alleged offence;

B.  whereas the waiver of immunity of Sophie Montel relates to an alleged offence of public incitement to discrimination on grounds of nationality, race or religion by word of mouth, in written form or by means of images or electronic public communication by a person or persons unknown, an offence provided for in French law, namely in Article 24, paragraph 8, Article 23, paragraph 1, and Article 42 of the Law of 29 July 1881 and Article 93-3 of Law No 82-652 of 29 July 1982, the penalties for which are laid down in Article 24, paragraphs 8, 10, 11 and 12 of the Law of 29 July 1881 and Article 121-7 of the French Criminal Code;

C.  whereas the judicial inquiry against Sophie Montel was opened in response to the civil action brought on 22 May 2014 by the ‘Maison des Potes – Maison de l’Égalité’;

D.  whereas the complaint concerned statements made in a brochure entitled ‘Handbook for Front National local councillors’, published on 19 September 2013 and posted on the official website of the Front National federation on 30 November 2013, that encouraged any National Front candidates elected to the post of local councillor in the elections held on 23 and 30 March 2014 to recommend, at the first sitting of their new local council, that priority should be given to French people (‘priorité nationale’) when allocating social housing;

E.  whereas French law might attribute criminal liability not only to the material author of a publication;

F.  whereas the investigators were informed in the course of the investigation by the Front National’s then publications director that the contested handbook had been drawn up by the services of the general secretariat; whereas Sophie Montel was at the time responsible for coordinating elected representatives in that general secretariat;

G.  whereas with a view to carrying out the initial questioning of Sophie Montel in connection with the charges brought against her, the competent authorities made an application for her immunity to be waived;

H.  whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State;

I.  whereas Article 26 of the French Constitution provides that no Member of the French Parliament shall be prosecuted, investigated, arrested, detained or tried in respect of opinions expressed or votes cast in the performance of his official duties;

J.  whereas the scope of immunity accorded to Members of the French Parliament corresponds in fact to the scope of immunity accorded to Members of the European Parliament under Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union; whereas the Court of Justice has held that for a Member of the European Parliament to enjoy immunity, an opinion must be expressed by the Member in the performance of his duties, thus entailing the requirement of a link between the opinion expressed and the parliamentary duties; whereas such link must be direct and obvious;

K.  whereas Sophie Montel was not a Member of the European Parliament when the alleged offence took place, namely on 19 September and 30 November 2013, but the allegedly offensive materials were still available for consultation by anyone wishing to access them on 23 June and 2 October 2014;

L.  whereas the charges are manifestly unrelated to the position of Sophie Montel as a Member of the European Parliament and concern instead activities of a national or regional nature, given that the statements relate to prospective local council members with a view to the local elections to be held on 23 and 30 March 2014;

M.  whereas the alleged actions do not relate to opinions expressed or votes cast by the Member of the European Parliament in the performance of her duties within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

N.  whereas there is no reason to suspect that the intention underlying the legal proceedings, which were opened following an application by the ‘Maison des Potes – Maison de l’Égalité’ association and submitted before the Member assumed her seat in the European Parliament, is to obstruct the parliamentary work of Sophie Montel (fumus persecutionis);

1.  Decides to waive the immunity of Sophie Montel;

2.  Instructs its President to forward this decision and the report of its committee responsible immediately to the Minister of Justice of the French Republic and to Sophie Montel.

(1) Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C‑200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C‑163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.


Request for waiver of the immunity of Georgios Kyrtsos
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European Parliament decision of 24 October 2018 on the request for waiver of the immunity of Georgios Kyrtsos (2018/2041(IMM))
P8_TA-PROV(2018)0403A8-0351/2018

The European Parliament,

–  having regard to the request for waiver of the immunity of Georgios Kyrtsos, forwarded on 27 February 2018 by the Deputy Prosecutor General of the Supreme Court of the Hellenic Republic, for non-payment of an Easter bonus of EUR 986,46 (file No AVM O 2017/6101), and announced in plenary on 14 March 2018,

–  having heard Georgios Kyrtsos in accordance with Rule 9(6) of its Rules of Procedure,

–  having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and to Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

–  having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013(1),

–  having regard to Article 62 of the Constitution of the Hellenic Republic,

–  having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A8-0351/2018),

A.  whereas the Prosecutor’s Office of the Supreme Court of the Hellenic Republic has requested the waiver of the immunity of Georgios Kyrtsos, Member of the European Parliament, in connection with possible legal action concerning an alleged offence;

B.  whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament enjoy, in the territory of their own State, the immunities accorded to members of the parliament of that State;

C.  whereas Article 62 of the Constitution of the Hellenic Republic provides that, during their parliamentary term, members of parliament may not be prosecuted, arrested, imprisoned or otherwise confined without prior leave granted by parliament;

D.  whereas Georgios Kyrtsos, as legal representative (chairman and chief executive officer) of the companies KMP Publishing House Ltd and Free Sunday Publishing House Ltd, hired his former employee on 26 July 2005 in the name of KMP Publishing House Ltd under a contract for employment in both companies as art director;

E.  whereas Georgios Kyrtsos is accused of non-payment to his former employee of an Easter bonus of EUR 986,46 on 27 April 2016, in violation of Emergency Law No 690/1945, as replaced by Article 8(1) of Law 236/95, and constituting an offence under Article 28 of Law No 3996/2011, in conjunction with Joint Ministerial Decision 19040/1981;

F.  whereas the alleged offence clearly has no direct link with the office of Georgios Kyrtsos as a Member of the European Parliament but is instead connected to his former position as manager of two newspaper firms;

G.  whereas the prosecution does not concern opinions expressed or votes cast in the performance of the duties of the Member of the European Parliament in question for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

H.  whereas there is no reason to suspect that the intention underlying criminal proceedings is to damage a Member’s political activity (fumus persecutionis);

1.  Decides to waive the immunity of Georgios Kyrtsos;

2.  Instructs its President to forward this decision and the report of its committee responsible immediately to the Greek authorities and to Georgios Kyrtsos.

(1) Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.


General budget of the European Union for 2019 - all sections
PDF 409kWORD 70k
European Parliament resolution of 24 October 2018 on the Council position on the draft general budget of the European Union for the financial year 2019 (11737/2018 – C8-0410/2018 – 2018/2046(BUD))
P8_TA-PROV(2018)0404A8-0313/2018

The European Parliament,

–  having regard to Article 314 of the Treaty on the Functioning of the European Union,

–  having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

–  having regard to Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union(1),

–  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002(2),

–  having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU, and repealing Regulation (EU, Euratom) No 966/2012(3),

–  having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020(4) (the “MFF Regulation”),

–  having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management(5),

–  having regard to its resolution of 15 March 2018 on general guidelines for the preparation of the budget(6),

–  having regard to its resolution of 19 April 2018 on Parliament’s estimates of revenue and expenditure for the financial year 2019(7),

–  having regard to the draft general budget of the European Union for the financial year 2019, which the Commission adopted on 21 June 2018 (COM(2018)0600),

–  having regard to the position on the draft general budget of the European Union for the financial year 2019, which the Council adopted on 4 September 2018 and forwarded to Parliament on 13 September 2018 (11737/2018 – C8‑0410/2018),

–  having regard to its resolution of 5 July 2018 on the mandate for the trilogue on the 2019 draft budget(8),

–  having regard to Letter of amendment No 1/2019 (COM(2018)0709) to the draft general budget of the European Union for the financial year 2019,

–  having regard to Rule 88 of its Rules of Procedure,

–  having regard to the report of the Committee on Budgets and the opinions of the other committees concerned (A8-0313/2018),

Section III

General overview

1.  Stresses that Parliament's reading of the 2019 Budget fully reflects the political priorities adopted by an overwhelming majority in its abovementioned resolutions of 15 March 2018 on general guidelines and of 5 July 2018 on a mandate for the trilogue; recalls that at the core of those priorities are: sustainable growth, innovation, competitiveness, security, tackling root causes of refugees and migration flows, managing refugee and migration flows, the fight against climate change and the transition to sustainable energy, and a particular focus on young people;

2.  Highlights that ahead of the withdrawal of the United Kingdom from the Union, the Union needs the necessary financial resources to respond to citizens expectations, to allow the Union to effectively tackle the numerous abovementioned priorities and challenges it faces and to improve the day-to-day life of its citizens;

3.  Points out that Europe's citizens expect the Union to strain every sinew to ensure economic growth and foster job creation evenly within all its regions; recalls that meeting those expectations requires investments in research and innovation, digitalisation, education, infrastructure and small and medium-sized enterprises (SMEs) and to foster employment, particularly among the young people of Europe; expresses disapproval that the Council yet again proposes cuts to the very programmes that are designed to make the Union economy more competitive and innovative; stresses moreover that many of those programmes, for example Horizon 2020, are heavily oversubscribed, which constitutes a poor use of resources and means that many excellent projects do not receive funding; highlights also the fact that programmes such as Erasmus+, Horizon 2020 and the Programme for the Competitiveness of Enterprises and Small and Medium-sized Enterprises (COSME) provide a vivid demonstration of the advantages of working together across the Union and help create a feeling of European belonging; decides therefore to reinforce considerably Erasmus+ and to strengthen programmes that contribute to growth and job creation, including Horizon 2020, Connecting Europe Facility (CEF) and COSME;

4.  Reiterates its commitment to its pledges made during the European Fund for Strategic Investments (EFSI) negotiations, namely to minimise the impact of EFSI-related cuts on Horizon 2020 and CEF in the framework of the annual budgetary procedure; proposes, therefore, to offset those cuts by restoring the original annual profile of those two programmes, in order to allow them to fully accomplish the objectives agreed during the adoption of the relevant legislation;

5.  Highlights that youth unemployment remains unacceptably high in certain Member States especially in the economically lagging regions and that the situation of young people in NEET (not in education, employment or training) situations and the long-term unemployed is particularly worrying; stresses that young people are the most at risk of poverty and social and economic exclusion; decides therefore to reinforce the Youth Employment Initiative (YEI) beyond the level proposed by the Commission; stresses that such reinforcement should in no way be seen as a frontloading of the YEI allocation endorsed in the context of the MFF mid-term revision; and urges Member States to increase the level of absorption of the funding and create more quality youth employment;

6.  Recalls the necessity of a strong fight against poverty;

7.  Recalls that cohesion policy plays a primary role in the development and growth of the Union and in the convergence in Member States and regions; emphasises Parliament’s commitment to ensuring adequate appropriations for those programmes that represent a core policy of the Union;

8.  Stresses that the Funds under the Cohesion policy should neither directly or indirectly support relocation as defined in Article 2(61a) of Commission Regulation (EU) No 651/2014; urges Member States’ managing authorities to ensure that contributions under the Funds are not granted to beneficiaries that have carried out a relocation within five years preceding the application for a contribution; and to ensure that contributions are repaid in full from beneficiaries that carry out a relocation within five years after having received the contribution;

9.  Regrets that, under current projections, only 19,3 % of the Union budget 2014 – 2020 would be devoted to climate-related measures, failing thus to reach the target of 20 %, an objective which pre-dates the Paris Climate agreement; understands that this is largely due to delays in cohesion policy and the rural development programmes; urges Member States, who manage them, to speed up their implementation with a focus on climate-related spending in order to offset the lower allocations made during the first years of the MFF; calls on the Commission to develop an action plan within programmes having massive potential to contribute to reaching the climate-related spending target; calls also for a robust, annual consolidation exercise to progress towards the mainstreaming target, with concrete and coherent safeguards that guarantee climate proof budgetary decisions are in line with the Union’s commitments under the Paris agreement, with comprehensive reporting to launch initiatives if targets are not met;

10.  Underlines that Heading 3 has been largely mobilised in recent years to address the migratory and refugee challenge and that such actions should continue and be reinforced as much and for as long as needed; calls on the Commission to actively monitor the adequacy of allocations under Heading 3 and make full use of all available instruments to respond in a timely manner to any unforeseen event that might require additional funding in the area of migration with a special attention to the case of island regions falling under the scope of Article 174 of the Treaty on the Functioning of the European Union; decides to reinforce the Asylum Migration and Integration Fund (AMIF) to fully cover the needs of the Union in the field of migration, notably to support Members States in improving reception conditions, integration measures and practices for asylum seekers and migrants, and enhancing solidarity and responsibility-sharing between the Member States and fair and effective return strategies; notes, once again, that the Heading 3 ceiling is inadequate to provide appropriate funding to the internal dimension of those priorities, as well as to other priority programmes, for example in the fields of health, food safety, security, justice, citizenship and culture; considers that local authorities with the willingness to support the Union Resettlement Programme should be further supported through the direct management strand of the AMIF;

11.  Insists that in the light of recent security concerns across the Union, funding under Heading 3 should also pay particular attention to measures which will lead to enhancing security of Union citizens; decides for that reason to reinforce agencies in the field of Justice and Home Affairs such as the European Union Agency for Law Enforcement Cooperation (EUROPOL), the European Union Agency for Law Enforcement Training (CEPOL), European Union Agency for the operational management of Large-Scale IT Systems (eu-LISA), the European Union’s Judicial Cooperation Unit (Eurojust) and for the new European Public Prosecutor’s Office (EPPO) which, due to increased workload and additional tasks, have been facing shortage of staff and funding in the past years;

12.  Reiterates that part of the solution to the migratory and refugee challenge as well as to the security concerns of Union citizens lies in addressing the root causes of migration and devoting sufficient financial means to internal and external instruments that aim at tackling issues such as poverty, lack of employment, education and economic opportunities, instability, conflict and climate change in the European Neighbourhood and Africa; is of the opinion that the Union should make optimal use of financial means under Heading 4 which proved to be insufficient to equally address all external challenges;

13.  Acknowledges the challenges posed to some Member States by the large influx of migrants and asylum seekers; regrets that all efforts to establish a fair and humane migrant scheme at Union level have been unsuccessful so far;

14.  Regrets that Parliament has not been duly involved in the discussions on the extension of the Facility for Refugees in Turkey (FRT); reiterates its longstanding position that new initiatives must not be financed to the detriment of existing Union external projects; maintains, while recalling its support for the continuation of the FRT, that, given the stretched situation under Heading 4 to respond to external challenges, including migration, the Union budget should contribute to the financing of the second tranche in the same proportion as for the first one, i.e. EUR 1 billion, while the Member States should contribute EUR 2 billion to its financing;

15.  Recalls the importance of Turkey as a neighbouring country, including for regional stability, and stresses the need for Turkey to respect international law in the region and to return to a reform path that guarantees the wellbeing of its citizens and the full respect of all their rights;

16.  Restores all cuts proposed by Council to the Draft Budget 2019 (2019 DB) across all headings, with limited exceptions in Heading 4 and subheading 1b; refuses to accept the proposed cuts to programs with the highest European added value, for example those to Horizon 2020 and CEF, two programmes already affected by redeployments to EFSI, or majority of cuts to external policies; stresses that the logic behind Council’s cuts is not substantiated by the actual implementation figures and ignores the varying implementation patterns of certain programmes;

17.  Concludes that, for the purpose of adequately financing all pressing needs, and considering the very tight or inexistent margins under certain headings in 2019, all means available in the MFF Regulation in terms of flexibility will need to be deployed; expects that the Council will share that approach and that an agreement will easily be reached in conciliation, allowing the Union to rise to the occasion and effectively respond to the challenges ahead, particularly given that this year’s conciliation will be the last ahead of the May 2019 European elections;

18.  Sets the overall level of appropriations for 2019 at EUR 166 340 415 936 in commitment appropriations and EUR 149 349 039 470 in payment appropriations, representing an increase of EUR 721 061 034 in commitment appropriations compared to the 2019 DB;

Subheading 1a – Competitiveness for growth and jobs

19.  Rejects Council’s unjustified EUR 794 million cuts to subheading 1a, which represent just over half of the overall Council cuts in commitments in MFF headings; notes that such cuts run counter to Council’s stated political priorities; is concerned moreover that they could hamper implementation of programmes that play a vital role in the creation of jobs and growth, which could have a negative impact on the economy;

20.  Points in that connection to programmes such as Horizon 2020 and CEF and the flagship space programmes, such as Copernicus, which provide very strong European added-value; regrets the significant Council cuts in the Common Strategic Framework for Research and Innovation with an overwhelmingly negative impact on Horizon 2020 and especially regrets cuts in relevant budget lines such as Strengthening research in future and emerging technologies and Strengthening European research infrastructure; notes also that many of those programmes make an important contribution to the fight against climate change, and considers that that contribution should be strengthened; decides therefore to reverse all cuts made by the Council and, furthermore, to fully restore the original profile of the Horizon 2020 and CEF lines that were cut for the provisioning of the EFSI Guarantee Fund;

21.  Recalls that Erasmus+ remains a highly valued and hugely popular programme promoting youth learning mobility and vocational training, as demonstrated by the volume of applications received, which by far exceeds the funding available, and notes also that it helps foster a strong sense of European identity and encouragement for young people to take part in European democracy; deeply regrets that the 2019 DB for Erasmus+ falls well below Parliament’s expectations, failing to go beyond the programmed figures under the current MFF; considers it therefore essential to reinforce the education and training and youth strands of Erasmus +, as a corollary to the strengthening of the YEI under subheading 1b;

22.  Regrets that after the publication, on 3 February 2014, of its first EU Anti-Corruption report, the Commission refused to continue that practice of annual reports and instead integrated anti-corruption policies into the Economic Semester; notes that the country-specific reports in the context of the Economic Semester do not contain a clear description of the state of play, nor do they contain recommendations on anti-corruption measures for all Member States; urges the Commission once more to submit to Parliament a second EU Anti-Corruption report, and in this context not to evaluate anti-corruption efforts only in terms of economic loss but to also analyse the detrimental effects of corruption on the fundamental rights of Union citizens;

23.  Recalls the importance of fostering extensive synergies between CEF-Transport and CEF-Digital in order to maximise the financial leverage for projects aimed at boosting the digitalisation of the TEN-T corridors;

24.  Highlights yet again the fact that SMEs are an essential part of the Union economy and play a crucial role in job creation throughout the Union; believes that there is a need to create an SME-friendly business environment, as well as to support SME clusters and networks, supporting also cooperative companies with social, solidarity and ethic practices; notes, however, with deep concern the Council cuts to the SME instrument, which send a contradictory signal to businesses in the Union; considers that the Union budget and access to finance backed by it, start-ups and microenterprises can be a key tool in making SMEs more competitive and more innovative and in fostering the spirit of enterprise in the Union; recalls in that regard COSME and Horizon 2020;

25.  Decides, therefore, to further reinforce, beyond the 2019 DB and the pre-EFSI profiles, those programmes that are key to boosting growth and jobs and tackling climate change and that reflect widely agreed Union priorities, namely Erasmus+, Horizon 2020 (including Marie Curie, leadership in space, European Research Council, SME Instrument), COSME, CEF and EaSI;

26.  Increases therefore the level of commitment appropriations for subheading 1a above the 2019 DB by EUR 566 773 112 (excluding pre-EFSI restoration, compensation for the European Labour Authority proposal, pilot projects and preparatory actions), to be financed within the margin available and by a further mobilisation of the Global Margin for Commitments;

27.  Welcomes the commitment to a renewed Union defence agenda, namely through the agreement on the European Defence Industrial Development Programme (EDIDP); expresses its intention to pay particular attention to the implementation by the Commission of the agreements found on the EDIDP and the European Solidarity Corps, as set out in the Amending Letter issued by the Commission on 16 October 2018;

Subheading 1b – Economic, social and territorial cohesion

28.  Welcomes the decreasing rate of youth unemployment at Union level with 14,8 % (as of 1 October 2018), but regrets that the level still remains unacceptably high in certain Member States; emphasises that, in order to address that issue, it is of importance to ensure proper funding of the Youth Guarantee schemes through YEI and the European Social Fund (ESF); welcomes the agreement on the need to provide fresh funding for YEI, and the inclusion of the corresponding appropriations in the 2019 DB; considers nevertheless that, given the challenges and risks posed by youth unemployment, YEI should benefit from increased appropriations and therefore decides to bring YEI to EUR 580 million in commitments in 2019; considers that that increase is in addition to the amount for YEI currently programmed for the 2014-2020 period;

29.  Calls on the Member States to ensure that the implementation of cohesion policy programmes is accelerated to catch up with the delays; notes that even though the Council has not questioned the level of payment appropriations as proposed by the Commission, Parliament will carefully examine the Commission’s updated forecasts, to adjust the payment appropriations to real needs in order to avoid the reconstitution of a payment backlog at the end of the current MFF;

30.  Emphasises, with regret, that disasters generally affect those who have less means to protect themselves; notes that the response to natural or man-made disasters should be as rapid as possible so that damage is minimal and people and property can be saved; highlights the need for an additional increase in funds, particularly in the budget lines linked to disaster prevention and preparedness within the Union, taking into account, in particular, fires in Greece, Spain and Portugal (resulting in a tragic loss of human life), which have a dramatic and substantial impact on people;

31.  In line with the agreement reached on the revision of the Structural Reforms Support Programme (SRSP), agrees with the transfer of EUR 40 million in commitment appropriations and EUR 17,2 million in payment appropriations from subheading 1b to Heading 2;

Heading 2 – Sustainable growth: natural resources

32.  Recalls that the Commission’s proposal to increase appropriations to finance the European Agricultural Guarantee Fund (EAGF) needs is largely due to a significantly lower amount of assigned revenue being expected to be available in 2019;

33.  Notes the Council’s cuts of EUR 310 million in commitment appropriations (- 0,52 % compared to 2019 DB) and EUR -328,13 million in payment appropriations (- 0,57 % compared to 2019 DB), but considers that the Commission’s Amending Letter should remain the basis for any reliable revision of EAGF appropriations and restores the 2019 DB levels accordingly, pending an examination of that Amending Letter in conciliation;

34.  Decides to increase the funding for the emergency support in particular for pig-meat against the African swine fever in order to reduce the negative impact upon farmers and employees in the regions most affected by the disease; decides to express its strong support for the agricultural sector in the Union by increasing the appropriations for fruit and vegetables, in order to tackle the effects of the crisis in the sector and the effects of the Russian embargo, as well as for measures to tackle the effects of plaques xilella fastidiosa and the volatility of the price of olive oil;

35.  Points out the essential role played by the Union decentralised agencies in the area of the environment, public health and food safety in aiding the Union and the Member States make informed, science-based decisions about protecting and improving the environment and public health, while enhancing cooperation between Member States to address the concerns of Union citizens;

36.  Decides to propose an increase of EUR 20 million above the level of the 2019 DB for the European Agricultural Fund for Rural Development (EAFRD) to promote innovation in the agriculture and forestry sectors and to ensure the profitability and sustainability of those livelihoods in the future;

37.  Decides, in line with its Europe 2020 targets and with its international commitments to tackle climate change, to propose an increase of EUR 15,6 million above the level of the 2019 DB for climate-related actions; moreover, recalls the Union’s commitments to halt and reverse the decline of biodiversity and underlines that that increase contributes also to biodiversity protection;

38.  Decides, in the light of the successful conclusion of the negotiations on the SRSP revision, to lift the reserve introduced by the Council on the amounts transferred from subheading 1b;

39.  Points to the effects of the extreme drought affecting the Member States in recent months, causing considerable losses to agriculture and jeopardising a large number of businesses, and highlights in that regard the need to guarantee support measures aimed at helping the worst-affected farmers;

40.  Decides to use the maximum appropriations for POSEI programmes provided for in the relevant Regulation(9), underlining the relevance of those programmes for the resilience of the agricultural producers and highlights the fragile economic situation of the outermost regions;

41.  Increases therefore commitment appropriations by EUR 154,1 million, excluding pilot projects and preparatory actions, leaving a margin of EUR 190,8 million below the ceiling for commitments in Heading 2;

42.  Underlines that the persistent imbalances in the food supply chain, in which the position of primary producers is considerably weaker than that of other actors, should lead the Commission to take steps to improve the transparency of prices and margins in the food supply chain, thereby guaranteeing a fair price for the production and ensuring improvements in the income of small and medium farmers;

43.  Draws attention to the threat factors weighing on numerous forest ecosystems, such as, among others, the spread of invasive alien species, pests (such as pine nematode and others) and forest fires; considers that sufficient financial resources should be addressed through community support programs and measures, to the evaluation of ecological and plant health of forests and their rehabilitation, including reforestation; notes that such resources are particularly important and urgent to some Member States, namely Portugal, Greece and Spain following multiple previous fires throughout those territories;

Heading 3 - Security and Citizenship

44.  Reiterates its long-standing conviction that the Heading 3 ceiling has proven vastly insufficient to adequately fund the internal dimension of essential challenges related on the one hand to internal security and citizens' safety, and on the other hand to refugees and migrants;

45.  Expects the pressure on those Member States’ migration and asylum systems, as well as on their borders, to remain high in 2019, as in the years that will follow, and is therefore of the opinion that additional funding is needed in the field of refugees and migration, also in view of any future, unpredictable needs in that area; reinforces therefore the AMIF as regards supporting legal migration to the Union and promoting the effective integration of third-country nationals and enhancing fair and effective return strategies, in particular to support Member States in improving integration measures for refugees and migrants, especially children and unaccompanied minors;

46.  Welcomes the increase in commitment appropriations for AMIF in order to finance the new Dublin II legislation (assuming it is adopted by the end of 2018) and rejects the Council’s decision to move the corresponding appropriations into a reserve;

47.  Underlines that internal security must remain one of the Union’s main priorities and stresses the role of the Internal Security Fund (ISF) as the key financial instrument to support Member States in the area of security, including in the fight against terrorism and radicalisation, serious and organised crime and cybercrime; decides therefore to increase budgetary appropriations of the ISF, also to strengthen support for border management and to provide assistance for victims of terrorist acts;

48.  Points out the essential role played by the Union agencies in the area of justice and home affairs in enhancing cooperation between Member States to address the concerns of Union citizens; decides to increase budgetary appropriations and staffing of EUROPOL, CEPOL, eu-LISA, Eurojust and for the EPPO;

49.  Insists, in that context, that the EPPO be adequately financed and staffed; notes that in the 2019 DB, the Union contribution amounts to a total of EUR 4 911 000; points out that that appropriation is intended to cover the EPPO’s staff-related expenditure, infrastructure, other administrative expenditure and operational expenditure; notes that only 35 staff posts are provided for, which implies that after deducting the posts for 23 European Prosecutors, only 12 posts are foreseen for administrative tasks; considers that that is not realistic, in particular with regard to the two additional Member States that have recently decided to join the EPPO; decides, therefore, to frontload the staff increase foreseen for 2020, and to align the grading of the Chief Prosecutor and the European Prosecutors to those of OLAF's and Europol's management level;

50.  Regrets Council’s arbitrary cuts of more than EUR 35 million in commitment appropriations to numerous programmes in the areas of culture, citizenship, justice and public health, despite the excellent implementation rates of those programmes and the already insufficient levels of financing that leave many high-quality projects unfunded; restores all lines at least to the level of the draft budget while proposing additional increases to relevant lines;

51.  Stresses the value of Creative Europe in supporting the Union’s audio-visual and cultural sectors and insists that funding levels should match the ambitions of the programme; calls for an increase in committee appropriations for the MEDIA and the Culture sub-programmes, inter alia to tackle low application success rates; also increases appropriations for multimedia actions and for strengthening the financial capacity of SMEs in the European cultural and creative sectors;

52.  Recalls its support for the rights, equality, citizenship and justice programmes; decides to increase commitment appropriations for instruments dealing with non-discrimination and equality in general, and specifically the Daphne programme, and to fight gender-based violence and enforce women's and LGBTQI+ rights;

53.  Recalls that culture- and education-related projects are supported across a range of Union programmes and instruments, notably the ESI Funds, EFSI and Horizon 2020; urges the Commission to improve cross-programme synergies to deliver effective spending; calls on the Commission, in particular, to fully exploit potential synergies existing between various Union programmes – such as Horizon 2020, CEF, Erasmus+, EaSI, Creative Europe and COSME, EFSI and ESI Funds – to support more projects in the field of cultural and creative industries;

54.  Reinforces Heading 3 by EUR 127,75 million in commitment appropriations with respect to the draft budget, excluding pilot projects and preparatory actions, and proposes to finance those reinforcements by a further mobilisation of special instruments;

Heading 4 – Global Europe

55.  Stresses that the complex geopolitical challenges the Union is facing call urgently for a stronger Union external presence; emphasises once again that the Union’s external action can only be credible if it is backed by sufficient financial resources; recalls that the funding needs greatly exceed the current size of Heading 4 and calls for appropriate room for manoeuvre in the event of unforeseen external crises;

56.  Recalls that the implementation of the Sustainable Development Goals (SDGs) has to cut across the Union´s internal and external policies, whereas a special focus should be given to the provision of sufficient good-quality food, clean water and the building of additional wastewater disposal facilities in order to deliver on SDG 2 and 6; furthermore, draws the attention to the scale and implications of energy poverty in developing countries and demands additional action to reduce energy poverty in line with SDG 7, in particular in remote rural areas in off-grid energy regions;

57.  In that respect, reaffirms, in line with its position expressed in its abovementioned resolution of 5 July 2018, that the current ratio of contribution to the FRT from the Union budget (EUR 1 billion) and Member States (EUR 2 billion) should be maintained for the financing of the second tranche of the FRT; decides therefore to reduce the contributions of the Union budget from EUR 1,45 billion to EUR 450 million; believes that the difference should be instead financed by the bilateral contributions of Member States;

58.  Believes that the promotion of peace, security and justice in developing countries is of paramount importance to addressing the root causes of migration and corresponding humanitarian challenges in the Southern Neighbourhood, such as Libya; underlines the importance of supporting good governance, democracy, the rule of law and vibrant civil society to effectively combat poverty over the long-term, and address the challenges of the climate change in developing countries; decides therefore to increase resources for the Development and Cooperation Instrument (DCI) and the Southern part of the European Neighbourhood Instrument (ENI) under its various strands, to reflect also the considerable stress under which ENI will continue to be in 2019;

59.  Recalls that the Union has committed to comprehensively protect and promote the rights of the child, girls and women as well as people with disabilities and special needs in its external policy; stresses the importance of implementing the EU Guidelines for the Promotion and Protection of the Rights of the Child in the European Union, the European Union Gender Action Plan and European Disability Policy in external relations; in that spirit, deems it appropriate to dedicate 10 % of the resources available under humanitarian aid to access to education in crisis areas;

60.  Underscores the strategic importance of providing sufficient funding for the Western Balkans in order to consolidate their path towards accession; fails to understand the Council’s proposal to cut the allocation for political reforms, as such reforms are the backbone of any democratic transformation; stresses the need for appropriate financial backing for the 2018-2020 Action Plan of the Western Balkan Strategy, and decides, consequently, to increase the allocation to the Instrument for Pre-accession Assistance (IPA II) for the region;

61.  Highlights that the situation in the countries of the Eastern Partnership represents also a significant challenge for the Union; is convinced of the importance of providing additional funding to support our neighbours’ reform efforts, contribute to increasing resilience and fostering peace and improving day to day life of the citizens of those countries;

62.  Calls for enhanced Union support to UNRWA, in line with its resolution of 8 February 2018(10), in view of the worsening situation on the ground and the decision of the United States to withdraw its annual contribution to the agency; specifies that the proposed increase is exclusively dedicated to UNRWA in order to compensate the relevant loss;

63.  Is convinced of the potential of people-to-people contacts and youth mobility, also as one of the key strategies to enhance the impact of the Union external action and its visibility among the public of partner countries; decided therefore to reinforce the contributions from DCI, ENI, IPA II, and Partnership Instrument to Erasmus+;

64.  In line with the principle of conditionality, supports a reduction in the amount allocated to Turkey in all budget lines, in view of the continuing backsliding on the rule of law, democracy and human rights; at the same time, deems it necessary to further strengthen the direct support to civil society, as well as people-to-people contacts;

65.  Deems it necessary to increase appropriations for the Turkish Cypriot Community budget line for the purpose of contributing decisively to the continuation and intensification of the mission of the Committee on Missing Persons in Cyprus, the wellbeing of Maronites wishing to resettle and that of all enclaved persons as agreed in the 3rd Vienna Agreement, and of supporting the bicommunal Technical Committee on Cultural Heritage, thereby promoting trust and reconciliation between the two communities;

66.  Acknowledges the moderate increase in funding for the Common Foreign and Security Policy (CFSP) proposed by the Commission, while noting that the CFSP budget is still under heavy pressure, also considering the expansion of a number of Common Security and Defence Policy (CSDP) missions risking to exacerbate the problem in 2019; reverses the reduction proposed by the Council for other crisis management measures and operations, which would result in less flexibility in dealing with unexpected crises;

67.  As a result, decides to reverse almost all of the Council’s cuts, to reinforce Heading 4 by EUR 425,4 million above the 2019 DB (excluding pilot projects and preparatory actions), while decreasing FRT and Turkey related lines and non restoring Council’s cuts with a total effect of EUR -1,24 billion, thereby resulting in a net difference of EUR -819,1 million below the 2019 DB in Heading 4;

Heading 5 - Administration; Other headings - administrative and research support expenditure

68.  Considers that Council’s cuts are unjustified and do not reflect the real needs; restores therefore the 2019 DB for all Commission administrative expenditure, including administrative and research support expenditure in Headings 1 to 4;

Decentralised Agencies

69.  Endorses, as a general rule, the Commission's estimates of the budgetary needs of agencies; considers, therefore, that any further cuts proposed by the Council would endanger the proper functioning of the agencies and would not allow them to fulfil the tasks they have been assigned; notes with particular irritation the arbitrary cut of merely EUR 10 000 to CEPOL and invites the Council to share with Parliament the substantial details on why it considers such cuts to be necessary and reasonable;

70.  Notes that the fee-financing of agencies reduces the burden to the Union budget by EUR 1 billion annually; underlines that public tasks such as in the area of health, environment, or security and justice should always remain within the Union budget; believes however that the Commission should continue to address the risk of conflicts of interest potentially arising in fee financed agencies and take adequate measures to avoid such conflicts;

71.  Recalls the importance for the Union of focusing on competitiveness for growth and jobs; considers, in that context, that additional appropriation and staff are needed for the European GNSS Agency (GSA) and the Agency for the Cooperation of Energy Regulators (ACER); notes the creation of the European Labour Authority (ELA) and underlines the need to mobilise fresh resources for it; restores Council’s substantial cuts to the appropriations for the European Supervisory Authorities (ESAs),while putting parts of their appropriations into reserve pending progress on the ESAs’ review;

72.  In the context of the challenges the Union is still facing in terms of security, and bearing in mind the necessity for a coordinated European response, decides to reinforce the appropriations for the EUROPOL, eu-LISA, CEPOL, EUROJUST, EPPO, and the European Union Agency for Network and Information Security (ENISA);

73.  Expects the pressure on some Member States’ migration and asylum systems, as well as on their borders, to remain high in 2019 and possibly escalate; stresses that the future need of the European Border and Coast Guard Agency (FRONTEX) and the European Asylum Support Office (EASO) in terms of operational resources and staff will have to be closely monitored and possibly updated for the 2019 Budget; asks the Commission to provide an overview of the budgetary needs for the 2019 Budget for the proposed reforms of those agencies as soon as possible;

74.  Highlights the need for an adequate level of financial appropriations for agencies which will be dealing with new additional tasks;

75.  Reiterates its position that the 5 % staff reduction target has been successfully reached; expresses its intention to include a common statement by all institutions that confirms the end of that one-time exercise; considers that the new posts adopted in its position are needed to fulfil additional tasks due to new policy developments and new legislation;

76.  Recalls that the Inter-Institutional Working Group on Decentralised Agencies' Resources 2 concluded its work by adopting recommendations on lessons learned from the approach to achieving the 5 % staff reduction target, the treatment of new tasks, evaluations of agencies, the sharing of services, the evaluation of agencies with multiple locations and the model for fee-financing agencies; welcomes the ratification of those recommendations by the institutions; expresses its intention to continue scrutinizing the Commission work on those recommendations in the future;

Pilot projects and preparatory actions (PP-PAs)

77.  Recalls the importance of pilot projects and preparatory actions (PP-PAs) as tools for the formulation of political priorities and the introduction of new initiatives that have the potential to turn into standing Union activities and programmes; having carried out a careful analysis of all the proposals submitted and taking into account the Commission's assessment of their respect of legal requirements and implementability, decides to adopt a balanced package of PP-PAs that reflects Parliament’s political priorities;

78.  Welcomes the launch of Discover EU, the distribution of 15 000 InterRail tickets to 18-year-old Europeans in 2018, as well as the Commission proposal of EUR 700 million for the MFF 2021-2027, which fits well with the Union’s ambitions to promote learning mobility, active citizenship, social inclusion and solidarity among all young people; decides to continue the relevant preparatory action in 2019 and is determined to continue it also in 2020;

Special instruments

79.  Recalls the usefulness of special instruments to provide flexibility over and above the extremely tight ceilings of the current MFF and welcomes the improvements brought about by the mid-term revision of the MFF Regulation; calls for an extensive use of the Flexibility Instrument and the Global Margin for Commitments in the 2019 Budget in order to finance the wide range of new challenges and additional responsibilities that the Union budget is facing; recalls also the significance of the European Globalisation Adjustment Fund (EGF), the Emergency Aid Reserve (EAR) and the European Union Solidarity Fund (EUSF);

Payments

80.  Reiterates its concerns that, despite recent catching-up, under-execution in payments has reached record low in the past three years, notably in subheading 1b; regrets that such delays prevent Union priorities and projects from delivering their full potential to citizens in a timely manner; points to the fact that, as a result, the 2019 DB leaves an unprecedented margin of EUR 19,3 billion below the payment ceiling; reinforces payment appropriations on those lines which are amended in commitment appropriations;

Other Sections

Section I - European Parliament

81.  Maintains unchanged the overall level of its budget for 2019, in line with its abovementioned resolution on its estimates of revenue and expenditure adopted by the plenary on 19 April 2018, at EUR 1 999 144 000; incorporates budgetary-neutral technical adjustments to reflect updated information which was not available earlier this year;

82.  Notes that the level of estimates for 2019 corresponds to 18,53 %, which is lower than that achieved in 2018 (18,85 %) and the lowest part of Heading 5 in more than fifteen years;

83.  Notes that, due to the 2019 European Parliament elections, expenditure will be higher in some areas, in particular in respect of Members who are not re-elected and their assistants, whilst savings, albeit of a lesser magnitude, will be generated in other areas as a result of the reduction in the volume of parliamentary business in an election year;

84.  Welcomes the fact that the 2019 Budget will include further instalments of substantial investments started back in 2016 with a view to significantly improving Parliament's security; points out that those projects cover various domains, mainly relating to buildings, such as the security upgrade of the entrance, equipment and staff, as the iPACS Project, but also improvements in the field of cyber-security and communication security;

85.  Takes note of the Bureau decision to take into consideration two options for the PHS building: renovation or the rebuilding; urges the Secretary-General and the Bureau to provide the budgetary authority with a detailed budget for each of those options in addition to all technical specifications;

86.  Reduces the establishment plan of its General Secretariat for 2019 by 59 posts (1 % staff reduction target), in accordance with the agreement of 14 November 2015 reached with the Council on the general budget of the European Union for the financial year 2016, in which Parliament's annual staff reduction measures are set to continue until 2019;

87.  Considers that in its resolution of 18 April 2018 on the Integrity Policy of the Commission, Parliament expressed its concerns with regard to the appointment procedures for its senior officials, reiterates its call on the Commission to review before the end of 2018 its administrative procedure for the appointment of senior officials with the objective of fully ensuring that the best candidates are selected within a framework of maximum transparency and equal opportunities;

88.  Notes the decision of the General Court of 25 September 2018 confirming Parliament’s refusal to grant access to documents relating to MEPs’ subsistence allowances, travel expenses and parliamentary assistance allowances (Judgment in Cases T-639/15 to T-666/15 Maria Psara and Others v Parliament and T-94/16 Gavin Sheridan v Parliament); reminds the Bureau that the plenary has appealed for greater transparency and an urgent need to audit the General Expenditure Allowance (GEA); welcomed, in this regard, the creation of an ad hoc working group for defining and publishing the rules concerning the use of the GEA; regrets, however, that the based on the report of its working group the Bureau could only agree on a non-exhaustive list of eligible expenses, and on the need for each Member of Parliament to have a separate bank account dedicated to funds received as part of the GEA; reiterates its call on the Bureau to make the following additional changes concerning the GEA:

   to require Members to keep all receipts pertaining to the GEA;
   to require Members to return the unspent share of the GEA the end of their mandate;

89.  Recalls Article 62 of the Decision of the Bureau of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament, which stipulates that "the sums paid", including the General Expenditure Allowance, "shall be reserved exclusively for the funding of activities linked to the exercise of a Member’s mandate and may not be used to cover personal expenses or to fund grants or donations of a political nature" and that "Members shall pay back any unused amounts to Parliament"; calls upon the Secretary-General and the Bureau of the European Parliament to ensure that those provisions are fully implemented and complied with;

90.  Recalls that on 23 October 1997, in its resolution on the general budget for 1998, Parliament called upon its Bureau to request the Court of Auditors to investigate Parliament’s voluntary pension scheme, which led to the issuance of the Court of Auditor’s opinion No 5/99 dated 16 June 1999 on the “Pension Fund and Scheme for Members of the European Parliament”; calls now on the Bureau to urgently request the Court of Auditors to produce another such opinion on the pension scheme and fund in 2019;

91.  Recalls that, in a note to the Bureau dated 8 March 2018, its Secretary-General accepted that the pension fund linked to the Members’ voluntary pension scheme “will exhaust its capital well before the end of the pension obligations and possibly already by 2024”; calls therefore upon the Secretary-General and the Bureau, while respecting fully the Statute for Members, to urgently establish with the pension fund a clear plan for the Parliament assuming and taking over its obligations and responsibilities for its Member’s voluntary pension scheme immediately after the 2019 elections;

92.  Demands additional Union support for the parliamentary dimension of the WTO, in particular by an increased financial and personnel support to the responsible secretariat;

93.  Calls for the upgrade of the European Science Media Hub, adopted in the 2018 Budget, and for cooperation with television stations, social media and further partners in order to establish training purposes for young journalists, especially in relation to new scientific and technological developments and to fact-based, peer-reviewed news;

94.  Demands, for the purpose of implementing the recommendations of Parliament’s resolution of 26 October 2017 on combating sexual harassment and abuse in the Union, further support to cover the cost of the external expertise needed to widen the external audit that has been implemented on the Advisory committee dealing with harassment complaints concerning Members, to the “Staff advisory committee for Parliament staff” on harassment prevention; also demands, for the same purpose, further support to cover the cost of additional staff competent to manage harassment cases within Parliament, gathering in a dedicated service staff with medical, psychological, legal, and human resources management background, and specific expertise in that field;

95.  Recalls the 2014 ECA analysis which estimated the costs of the geographic dispersion of the Parliament to be EUR 114 million per year; furthermore, notes the finding from its resolution of 20 November 2013 on the location of the seats of the European Union’s Institutions(11) that 78 % of all missions by Parliament statutory staff arise as a direct result of the Parliament's geographic dispersion; emphasises that the report also estimates the environmental impact of the geographic dispersion to be between 11 000 to 19 000 tonnes of CO2 emissions; reiterates the negative public perception caused by that dispersion and calls therefore for a roadmap to a single seat and a reduction in the relevant budget lines;

96.  Urges the Secretary-General to devise detailed arrangements for more sharing of back office functions and services between Parliament, the Committee of the Regions and the European Economic and Social Committee;

Section IV - Court of Justice

97.  Restores the 2019 DB on all budget items cut by the Council, which are essential to the functioning of the Court, and restores the estimates for two budget items in order to enhance the Court’s ability to deal with increasingly high translation demands;

98.  Restores the 16 posts and the related appropriations cut by the Commission in the 2019 DB to prevent any bottleneck that might be detrimental to the productivity of the courts in the context of new activities taken up by the Court and of continuous increase of the workload; considers that the creation of 16 new permanent posts for the support services, initially proposed by the Court and rejected by the Commission, should be granted;

Section V - Court of Auditors

99.  Restores the 2019 DB on all items cut by Council, in order to implement the work programme of the Court of Auditors and to deliver the planned Audit Reports;

Section VI - European Economic and Social Committee

100.  Restores the 2019 DB on all items cut by the Council;

101.  Increases a number of lines above the 2019 DB in line with the European Economic and Social Committee’s own estimates;

Section VII - Committee of the Regions

102.  Restores the 2019 DB on all items cut by the Council;

103.  Increases a number of lines above the 2019 DB in line with the Committee of the Region’s own estimates;

Section VIII - European Ombudsman

104.  Maintains unchanged the overall level of the Ombudsman’s budget for 2019 as proposed by the Commission in the 2019 DB;

Section IX - European Data Protection Supervisor

105.  Decides not to restore the 2019 DB in the line cut by the Council, due to a high increase of the total budget as compared to the previous year;

Section X - European External Action Service

106.  Restores the 2019 DB on all lines cut by the Council;

107.  Increases a number of lines above the 2019 DB in line with EEAS own estimates;

108.  Reiterates Parliament’s support to the Strategic Communication Capacity and reinforces it to deliver a stronger coordinated Union response to the challenge of disinformation;

109.  Restores the 28 posts and related appropriations cut by the Council and adds a further five posts which constitute a moderate staff increase that is justified by the EEAS’s significant new responsibilities, in particular those connected to the withdrawal of the United Kingdom from the Union, namely the creation of a new Union delegation in London and a new unit in the headquarters, and the adoption of a number of initiatives in the field of security and defence in recent months;

o
o   o

110.  Instructs its President to forward this resolution, together with the amendments to the draft general budget, to the Council, the Commission, the other institutions and bodies concerned and the national parliaments.

(1) OJ L 168, 7.6.2014, p. 105.
(2) OJ L 298, 26.10.2012, p. 1.
(3) OJ L 193, 30.7.2018, p. 1.
(4) OJ L 347, 20.12.2013, p. 884.
(5) OJ C 373, 20.12.2013, p. 1.
(6) Texts adopted, P8_TA(2018)0089.
(7) Texts adopted, P8_TA(2018)0182.
(8) Texts adopted, P8_TA(2018)0311.
(9) Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 (OJ L 78, 20.3.2013, p. 23).
(10) Texts adopted, P8_TA(2018)0042.
(11) OJ C 436, 24.11.2016, p. 2.


Discharge 2016: EU general budget - European Council and Council
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Decision
Resolution
1. European Parliament decision of 24 October 2018 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2016, Section II – European Council and Council (2017/2138(DEC))
P8_TA-PROV(2018)0405A8-0300/2018

The European Parliament,

–  having regard to the general budget of the European Union for the financial year 2016(1),

–  having regard to the consolidated annual accounts of the European Union for the financial year 2016 (COM(2017)0365 – C8‑0249/2017)(2),

–  having regard to the Court of Auditors’ annual report on the implementation of the budget concerning the financial year 2016, together with the institutions’ replies(3),

–  having regard to the statement of assurance(4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2016, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

–  having regard to its decision of 18 April 2018(5) postponing the discharge decision for the financial year 2016, and the accompanying resolution(6),

–  having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002(7), and in particular Articles 55, 99, 164, 165 and 166 thereof,

–  having regard to Rule 94 of and Annex IV to its Rules of Procedure,

–  having regard to the second report of the Committee on Budgetary Control (A8-0300/2018),

1.  Refuses to grant the Secretary-General of the Council discharge in respect of the implementation of the budget of the European Council and of the Council for the financial year 2016;

2.  Sets out its observations in the resolution below;

3.  Instructs its President to forward this decision and the resolution forming an integral part of it to the European Council, the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman, the European Data Protection Supervisor and the European External Action Service, and to arrange for their publication in the Official Journal of the European Union (L series).

2. European Parliament resolution of 24 October 2018 with observations forming an integral part of the decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2016, Section II – European Council and Council (2017/2138(DEC))

The European Parliament,

–  having regard to its decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2016, Section II – European Council and Council,

–  having regard to Rule 94 of and Annex IV to its Rules of Procedure,

–  having regard to the second report of the Committee on Budgetary Control (A8-0300/2018),

A.  Whereas all Union institutions ought to be transparent and fully accountable to the citizens of the Union for the funds entrusted to them as Union institutions;

B.  Whereas Parliament's role in respect of the budget discharge is specified in the Treaty on the Functioning of the European Union (TFEU) and in the Financial Regulation;

1.  Recalls that the Union institutions have administrative autonomy in matters relating to their respective operations and underlines the importance of them acting responsibly in the implementation of their budgets;

2.  Underlines the role of Parliament within the discharge procedure, as governed by the TFEU, the Financial Regulation and Parliament’s Rules of Procedure;

3.  Regrets that Council has not replied to the observations made by Parliament in its discharge resolution of 18 April 2018(8), following the trend from previous years;

4.  Deeply regrets that the recommendations of Parliament have not been followed up at all and that no reason or justification has been given; insists that Council implement the observations made in Parliament’s discharge resolution of 18 April 2018, in particular the observations below, and immediately react to the observations;

5.  Expresses support for the successful paradigm shift towards performance-based budgeting in the Commission’s budget planning introduced in September 2015 as part of the ‘EU Budget Focused on Results’ initiative; encourages the European Council and the Council to apply the method to their own budget-planning procedure;

Pending issues

6.  Regrets that the request for the budgets of the European Council and the Council to be separated, made by Parliament in previous discharge resolutions, has not been considered;

7.  Notes that Council is still working on a reply to the European Ombudsman’s strategic report on the ‘Transparency of the Council legislative process’ (OI/2/2017/TE), despite the fact that the European Ombudsman requested a reply to her recommendations and suggestions for improvements by 9 May 2018; acknowledges that Council is engaging in serious and thorough research in preparing its reply but nevertheless urges Council to respect the request of the Ombudsman; recalls that the European Ombudsman also sent her findings to Parliament and that two of its committees are currently working on a report on the findings for which reason Council is called upon to transmit its reply and findings to Parliament as soon as possible;

8.  Regrets that, despite the occasional exchange of information between the building departments of Parliament and Council, Council continues not to provide detailed information on its building policy in its annual financial report; regrets the lack of information on its buildings policy and related expenditures and asks for full public access to this information as a sign of transparency for Union citizens;

9.  Reiterates its call for progress reports on building projects and a detailed breakdown of the costs incurred to date; takes note of the publication of the Final Financial Statements 2017 – the Council of the European Union and the European Council, dated 12 June 2018, which puts the cost of the Europa building at EUR 312 143 710,53;

10.  Reiterates its call for an overview of human resources to be broken down by category, grade, gender, nationality and training;

11.  Welcomes the ongoing inter-institutional negotiations to strengthen the Union transparency register; reiterates its call for a successful outcome of the negotiations that will lead to Council joining the register;

12.  Reiterates its call on Council to clarify what measures it has taken to overcome the irregular nomination of a judge to the Court of Justice of the European Union(9);

13.  Takes note of the decision by the United Kingdom to withdraw from the Union; observes that at this point no predictions can be made about the financial, administrative, human and other consequences related to the withdrawal; asks the European Council and the Council to perform impact assessments and to inform Parliament of the results by the end of the year 2018;

State of play

14.  Welcomes the informal exchanges that took place between Parliament and Council in order to discuss solutions to the current impasse in respect of the discharge procedure; notes that Council replied to the Parliament proposal on the Council discharge exercise procedure on 2 May 2018 with an amended proposal, and that following an informal meeting between Parliament and Council on 10 July 2018 the Budgetary Control Committee sent its reaction to Council’s amended proposal on 21 July 2018; urges Council to react to the latest proposals from the Budgetary Control Committee swiftly, so that the new arrangements for the discharge exercise can be applied as soon as possible;

15.  Regrets the difficulties repeatedly encountered in the discharge procedures to date which were due to a lack of cooperation from Council; points out that Parliament refused to grant discharge to the Secretary-General of the Council in relation to the financial years 2009, 2010, 2011, 2012, 2013, 2014 and 2015 for the reasons set out in its resolutions of 10 May 2011(10), 25 October 2011(11), 10 May 2012(12), 23 October 2012(13), 17 April 2013(14), 9 October 2013(15), 3 April 2014(16), 23 October 2014(17), 27 October 2015(18), 27 October 2016(19) and 25 October 2017(20) and postponed its decision on granting the Secretary-General of the Council discharge in relation to the financial year 2016 for the reasons set out in its resolution of 18 April 2018;

16.  Notes the Commission's view, expressed in January 2014, that all institutions are fully part of the follow-up process to the observations made by Parliament in the discharge exercise and that all institutions should cooperate to ensure the smooth functioning of the discharge procedure;

17.  Notes that the Commission has stated that it will not oversee the implementation of the budget of the other institutions and that giving a response to questions addressed to another institution would infringe on the autonomy of that institution to implement its own section of the budget;

18.  Regrets that Council continues to fail to provide answers to Parliament's questions;

19.  Insists that the expenditure of Council must be scrutinised in the same way as that of other institutions and that the fundamental elements of such scrutiny have been laid down in its discharge resolutions of the past years;

20.  Emphasises Parliament's prerogative to grant discharge pursuant to Articles 316, 317 and 319 TFEU, in line with current interpretation and practice, namely to grant discharge of each heading of the budget individually in order to maintain transparency and democratic accountability towards Union taxpayers.

(1) OJ L 48, 24.2.2016.
(2) OJ C 323, 28.9.2017, p. 1.
(3) OJ C 322, 28.9.2017, p. 1.
(4) OJ C 322, 28.9.2017, p. 10.
(5) OJ L 248, 3.10.2018, p. 23.
(6) OJ L 248, 3.10.2018, p. 24
(7) OJ L 298, 26.10.2012, p. 1.
(8) OJ L 248, 3.10.2018, p. 24.
(9) Judgment of the General Court (Appeal Chamber) of 23 January 2018, FV v Council of the European Union, T-639/16 P, ECLI:EU:T:2018:22.
(10) OJ L 250, 27.9.2011, p. 25.
(11) OJ L 313, 26.11.2011, p. 13.
(12) OJ L 286, 17.10.2012, p. 23.
(13) OJ L 350, 20.12.2012, p. 71.
(14) OJ L 308, 16.11.2013, p. 22.
(15) OJ L 328, 7.12.2013, p. 97.
(16) OJ L 266, 5.9.2014, p. 26.
(17) OJ L 334, 21.11.2014, p. 95.
(18) OJ L 314, 1.12.2015, p. 49.
(19) OJ L 333, 8.12.2016, p. 50.
(20) OJ L 318, 2.12.2017, p. 25.


Discharge 2016: European Asylum Support Office (EASO)
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Decision
Resolution
1. European Parliament decision of 24 October 2018 on discharge in respect of the implementation of the budget of the European Asylum Support Office for the financial year 2016 (2017/2177(DEC))
P8_TA-PROV(2018)0406A8-0299/2018

The European Parliament,

–  having regard to the final annual accounts of the European Asylum Support Office for the financial year 2016,

–  having regard to the Court of Auditors’ report on the annual accounts of the European Asylum Support Office for the financial year 2016, together with the Office’s reply(1),

–  having regard to the statement of assurance(2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2016, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

–  having regard to the Council’s recommendation of 20 February 2018 on discharge to be given to the Office in respect of the implementation of the budget for the financial year 2016 (05941/2018 – C8‑0087/2018),

–  having regard to its decision of 18 April 2018(3) postponing the discharge decision for the financial year 2016, and the reply from the executive director of the European Asylum Support Office,

–  having regard to the actions taken up by Commission’s Directorate-General for Migration and Home Affairs and the management board of the European Asylum Support Office following the Parliament’s decision of 18 April 2018 postponing the discharge that resulted in the resignation of Mr. José Carreira from the post of executive director of the European Asylum Support Office on 6 June 2018;

–  having regard to the hearing of 3 September 2018 and to the presented corrective measures already taken by the new ad interim executive director of the European Asylum Support Office since his appointment in June 2018;

–  having regard to Article 319 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002(4), and in particular Article 208 thereof,

–  having regard to Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office(5), in particular Article 36 thereof,

–  having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(6), and in particular Article 108 thereof,

–  having regard to Rule 94 of and Annex IV to its Rules of Procedure,

–  having regard to the second report of the Committee on Budgetary Control (A8-0299/2018),

1.  Refuses to grant the Executive Director of the European Asylum Support Office discharge in respect of the implementation of the Office’s budget for the financial year 2016;

2.  Sets out its observations in the resolution below;

3.  Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European Asylum Support Office, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

2. European Parliament resolution of 24 October 2018 with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the European Asylum Support Office for the financial year 2016 (2017/2177(DEC))

The European Parliament,

–  having regard to its decision on discharge in respect of the implementation of the budget of the European Asylum Support Office for the financial year 2016,

–  having regard to Rule 94 of and Annex IV to its Rules of Procedure,

–  having regard to the second report of the Committee on Budgetary Control (A8-0299/2018),

A.  whereas all Union decentralised agencies ought to be transparent and fully accountable to the citizens of the Union for the funds entrusted to them as Union bodies;

B.  whereas Parliament's role in respect of the discharge is specified in the Treaty on the Functioning of the European Union, in the Financial Regulation and in the Framework Financial Regulation;

1.  Underlines the importance of acting responsibly, in an accountable and transparent manner, and in accordance with all relevant rules and regulations, in the implementation of the Union budget;

2.  Recalls the role of Parliament within the discharge procedure, as governed by the Treaty on the Functioning of the European Union, the Financial Regulation and its rules of procedure;

3.  Welcomes the fact that the initial decision of 18 April 2018 postponing the discharge decision for the financial year 2016 led to the strong corrective measures taken by the Commission’s Directorate-General for Migration and Home Affairs, the management board of the European Asylum Support Office (the “Office”) and the Office’s new ad interim executive director;

4.  Recognises that, apart from the completion of the European Anti-Fraud Office’s (OLAF) investigation against the previous leadership of the Office, the corrective measures taken to date have partially responded to the reservations presented by Parliament in its decision of 18 April 2018 postponing the discharge;

The ongoing investigation of OLAF

5.  Recalls the fact that an OLAF investigation is currently ongoing concerning several former and current members of the Office occupying middle or senior management positions;

6.  Notes with appreciation the decision of the management board on 6 June 2018 to release the executive director from his duties with immediate effect; welcomes the designation of an ad interim executive director, not subject to the OLAF investigation; regrets, however, that the management board did not take this action on its own initiative much earlier in the process which would have avoided the delay in the discharge procedure;

7.  Welcomes the action already undertaken by the ad interim executive director in order to improve the governance structure of the Office, restore transparency and build trust; underlines the importance of counteracting the previously detected deficiencies in the legality and regularity of transactions; calls on the Office to prepare a comprehensive and detailed roadmap presenting the way forward; furthermore, calls on the Office in this respect to include in the roadmap a clear plan for restoring trust in management, especially bearing in mind that competent and effective management is key in view of the challenges the Office is facing in general, and, in particular, to make sure that the recruitment and training of the significant number of new staff foreseen for 2018 and 2019 is of such a level that the Office will have well-motivated and high quality personnel at its disposal and that there will be less turn-over of staff and its knowledge and experience are retained;

8.  Calls on OLAF to inform the discharge authority of the outcome of the investigation as soon as it is closed;

9.  Calls on Parliament’s Committee on Budgetary Control to integrate the findings from the OLAF report in the Office’s 2017 discharge report and, by doing so, to ensure that possible new recommendations to the Office are fully implemented;

Basis for the qualified opinion on the legality and regularity of the underlying transactions

10.  Recalls the material findings made by the Court of Auditors (the “Court”) in relation to two out of five significant procurement procedures from 2016 for which payments were incurred during that year, which demonstrate a lack of rigour in the Office’s procurement procedures;

11.  Expects all possible actions to be taken to recover irregular payments from the 2016 budget year: EUR 920 561 (procurement procedure for the provision of travel services) and EUR 592 273 (framework contract for interim services to support it in its response to the migration crisis);

12.  Remains concerned by the development of travel reimbursement costs; notes that reimbursements amounted to EUR 997 506 in 2014, EUR 987 515 in 2015 and EUR 1 012 147 in 2016; notes that attendees that fall into category A have specific tasks to fulfil during meetings; notes the decrease of category-A reimbursements, which dropped from 69 % in 2014 to 52 % in 2015 and 37 % in 2016; is concerned by the apparent discrepancy between an increased workload for the Office and less category-A attendees; underlines that the increase of travel cost reimbursements and the decrease of category-A attendees may indicate an arbitrary reimbursement scheme;

13.  Notes, again, that the Office’s work programme includes its operational support activities in “hotspots” in some Member States; underlines the importance of this activity and stresses the wider consequences for the entire Union if tasks are not duly planned, managed and executed; strongly urges the staff of the Office to properly assume their responsibilities regarding administrative matters and on-the-ground work;

14.  Regrets the harm caused to the Office’s image by the errors found in the aforementioned procurement procedures; reiterates that effective control can only be assured when there is full transparency in these procedures;

15.  Welcomes the action plans drawn up by the Office to remedy the issues identified by the Court, namely:

   the procurement procedure for the provision of travel services (FCM Travel Agency) was replaced by an open tender procedure which was finalised and led to the conclusion of a new contract;
   the framework contract for interim services in Greece (Randstad) was replaced by an open tender procedure which was finalised and led to the conclusion of a new contract;

16.  Welcomes the measures taken by the Office to strengthen procurement procedures, in particular the addition of senior staff and additional support staff to the procurement sector;

o
o   o

17.  Refers, for other observations of a cross-cutting nature accompanying its decision on discharge, to its resolution of 18 April 2018(7) on the performance, financial management and control of the agencies.

(1) OJ C 417, 6.12.2017, p. 79.
(2) OJ C 417, 6.12.2017, p. 79.
(3) OJ L 248, 3.10.2018, p. 195.
(4) OJ L 298, 26.10.2012, p. 1.
(5) OJ L 132, 29.5.2010, p. 11.
(6) OJ L 328, 7.12.2013, p. 42.
(7) OJ L 248, 3.10.2018, p. 393.


Support to structural reforms in Member States ***I
PDF 245kWORD 51k
European Parliament legislative resolution of 24 October 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 as regards support to structural reforms in Member States (COM(2017)0826 – C8-0432/2017 – 2017/0336(COD))
P8_TA-PROV(2018)0407A8-0316/2018

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2017)0826),

–  having regard to Article 294(2) and the third paragraph of Article 175 and Article 177 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0432/2017),

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

–  having regard to the opinion of the European Economic and Social Committee of 14 March 2018(1),

–  after consulting the Committee of the Regions,

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

–  having regard to the report of the Committee on Regional Development and also the opinions of the Committee on Budgets, the Committee on Budgetary Control, the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on Agriculture and Rural Development and the Committee on Women’s Rights and Gender Equality (A8-0316/2018),

1.  Rejects the Commission proposal;

2.  Calls on the Commission to withdraw its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

(1) Not yet published in the Official Journal.


Launch of automated data exchange with regard to dactyloscopic data in Ireland *
PDF 242kWORD 47k
European Parliament legislative resolution of 24 October 2018 on the draft Council implementing decision on the launch of automated data exchange with regard to dactyloscopic data in Ireland (11265/2018 – C8-0388/2018 – 2018/0808(CNS))
P8_TA-PROV(2018)0408A8-0344/2018

(Consultation)

The European Parliament,

–  having regard to the Council draft (11265/2018),

–  having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8‑0388/2018),

–  having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime(1), and in particular Article 33 thereof,

–  having regard to Rule 78c of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0344/2018),

1.  Approves the Council draft;

2.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.  Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;

4.  Instructs its President to forward its position to the Council and the Commission.

(1) OJ L 210, 6.8.2008, p. 1.


Launch of automated data exchange with regard to DNA data in Ireland *
PDF 242kWORD 47k
European Parliament legislative resolution of 24 October 2018 on the draft Council implementing decision on the launch of automated data exchange with regard to DNA data in Ireland (11282/2018 – C8-0389/2018 – 2018/0809(CNS))
P8_TA-PROV(2018)0409A8-0343/2018

(Consultation)

The European Parliament,

–  having regard to the Council draft (11282/2018),

–  having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8‑0389/2018),

–  having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime(1), and in particular Article 33 thereof,

–  having regard to Rule 78c of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0343/2018),

1.  Approves the Council draft;

2.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.  Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;

4.  Instructs its President to forward its position to the Council and the Commission.

(1) OJ L 210, 6.8.2008, p. 1.


Launch of automated data exchange with regard to dactyloscopic data in Croatia *
PDF 241kWORD 47k
European Parliament legislative resolution of 24 October 2018 on the draft Council implementing decision on the launch of automated data exchange with regard to dactyloscopic data in Croatia (11284/2018 – C8-0390/2018 – 2018/0810(CNS))
P8_TA-PROV(2018)0410A8-0345/2018

(Consultation)

The European Parliament,

–  having regard to the Council draft (11284/2018),

–  having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8‑0390/2018),

–  having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime(1), and in particular Article 33 thereof,

–  having regard to Rule 78c of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0345/2018),

1.  Approves the Council draft;

2.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.  Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;

4.  Instructs its President to forward its position to the Council and the Commission.

(1) OJ L 210, 6.8.2008, p. 1.


Reduction of the impact of certain plastic products on the environment ***I
PDF 585kWORD 82k
Amendments adopted by the European Parliament on 24 October 2018 on the proposal for a directive of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment (COM(2018)0340 – C8-0218/2018 – 2018/0172(COD))(1)
P8_TA-PROV(2018)0411A8-0317/2018

(Ordinary legislative procedure: first reading)

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a directive
Recital 1
(1)  The high functionality and relatively low cost of plastic means that this material is increasingly ubiquitous in everyday life. Its growing use in short-lived applications, which are not designed for re-use or cost-effective recycling means that related production and consumption patterns have become increasingly inefficient and linear. Therefore, in the context of the Circular Economy Action Plan32, the Commission concluded in the European Strategy for Plastics33 that the steady increase in plastic waste generation and its leakage into our environment, in particular into the marine environment, must be tackled in order to achieve a truly circular lifecycle for plastics.
(1)  The high functionality and relatively low cost of plastic means that this material is increasingly ubiquitous in everyday life. Global production of plastic has increased sharply and in 2017 reached 348 million tonnes. The European share of that production represented 18,5 % (64,4 million tonnes, up by 3,4 % compared to production in the previous year). Its growing use in short-lived applications, which are not designed for re-use or cost-effective recycling means that related production and consumption patterns have become increasingly inefficient and linear. Therefore, in the context of the Circular Economy Action Plan32, the Commission concluded in the European Strategy for Plastics33 that the steady increase in plastic waste generation and its leakage into our environment, in particular into the marine environment, must be tackled in order to achieve a truly circular lifecycle for plastics and to reduce overall quantity of plastic in the environment. The European Strategy for Plastics is a small first step in establishing a circular economy based on reducing, reusing and recycling all plastic products.
__________________
__________________
32 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "Closing the loop – An EU action plan for the Circular Economy" (COM(2015)0614).
32 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "Closing the loop – An EU action plan for the Circular Economy" (COM(2015)0614).
33 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "A European Strategy for Plastics in a Circular Economy" (COM(2018)0028).
33 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "A European Strategy for Plastics in a Circular Economy" (COM(2018)0028).
Amendment 2
Proposal for a directive
Recital 1 a (new)
(1a)  Plastic plays a useful role in the economy and provides essential applications in many sectors. In particular, plastic is used in packaging (40 %) and in the building and construction sector (20 %). There is also important use of plastic in the automotive, electrical and electronic equipment, food and agricultural sectors. Nevertheless, the significant negative environmental, health and economic impacts of certain plastic products call for the setting up of a legal framework to effectively reduce those significant negative effects, including through a restriction on the placing on the market of particular single-use products for which more circular alternatives are readily available.
Amendment 3
Proposal for a directive
Recital 2
(2)  Circular approaches that prioritise re-usable products and re-use systems will lead to a reduction of waste generated, and such prevention is at the pinnacle of the waste hierarchy enshrined in Article 4 of Directive 2008/98/EC of the European Parliament and of the Council.34 Such approaches are also in line with United Nations Sustainable Development Goal 1235 to ensure sustainable consumption and production patterns.
(2)  The measures laid down in this Directive should fully pursue circular approaches that prioritise safe, non-toxic re-usable products without any hazardous substances and re-use systems over any single-use product. All measures should, first and foremost, aim at a reduction of waste generated, and promote the prevention of waste as this is at the pinnacle of the waste hierarchy enshrined in Article 4 of Directive 2008/98/EC of the European Parliament and of the Council.34 Since any single-use product is prone to have a negative impact on climate or the environment due its short life cycle, priority needs to be given to prevention and re-use of products which can deliver high savings of CO2 and of valuable raw materials. This Directive will contribute to achieve the United Nations Sustainable Development Goal 1235 to ensure sustainable consumption and production patterns.
__________________
__________________
34 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
34 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
35 The 2030 Agenda for Sustainable Development adopted by the United Nations General Assembly on 25 September 2015.
35 The 2030 Agenda for Sustainable Development adopted by the United Nations General Assembly on 25 September 2015.
Amendment 4
Proposal for a directive
Recital 3
(3)  Marine litter is of a transboundary nature and is recognized as a global problem. Reducing marine litter is a key action for the achievement of United Nations Sustainable Development Goal 14 which calls to conserve and sustainably use the oceans, seas and marine resources for sustainable development.36The Union must play its part in tackling marine litter and aim to be a standard setter for the world. In this context, the Union is working with partners in many international fora such as G20, G7 and United Nations to promote concerted action. This initiative is part of the Union efforts in this regard.
(3)  Marine litter is of a transboundary nature and is recognised as a global problem. Increasing amounts of waste are reaching the oceans around the world and affecting the health of ecosystems, killing animals. Reducing marine litter is a key action for the achievement of United Nations Sustainable Development Goal 14 which aims to conserve and sustainably use the oceans, seas and marine resources for sustainable development.36 The Union must play its part in tackling marine litter, preventing the production of litter, and managing marine litter more effectively and aim to be a standard setter for the world. In this context, the Union is working with partners in many international fora such as the G20, G7 and United Nations to promote concerted action. This initiative is part of the Union efforts in this regard.
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36 The 2030 Agenda for Sustainable Development adopted by the United Nations General Assembly on 25 September 2015.
36 The 2030 Agenda for Sustainable Development adopted by the United Nations General Assembly on 25 September 2015.
Amendment 5
Proposal for a directive
Recital 5
(5)  In the Union, 80 to 85 % of marine litter, measured as beach litter counts, is plastic, with single-use plastic items representing 50 % and fishing-related items representing 27 %. Single-use plastics products include a diverse range of commonly used fast-moving consumer products that are discarded after having been used once for the purpose for which they were provided, are rarely recycled, and are prone to littering. A significant proportion of the fishing gear placed on the market is not collected for treatment. Single-use plastic products and fishing gear containing plastic are therefore a particularly serious problem in the context of marine litter and pose a severe risk to marine ecosystems, biodiversity and, potentially, to human health and are damaging activities such as tourism, fisheries and shipping.
(5)  In the Union, 80 to 85 % of marine litter, measured as beach litter counts, is plastic, with single-use plastic items representing 50 % and fishing-related items representing 27 %.Single-use plastics products include a diverse range of commonly used fast-moving consumer products that are discarded after having been used once for the purpose for which they were provided, are rarely recycled, and are prone to littering. A significant proportion of the fishing and aquaculture gear placed on the market is not collected for treatment. Single-use plastic products and fishing and aquaculture gear containing plastic, such as pots, traps, floats and buoys, nets, ropes, strings, cords and lines are therefore a particularly serious problem in the context of marine litter and pose a severe risk to marine ecosystems, biodiversity as well as to human and animal health, and are damaging activities such as tourism, fisheries and shipping.
Amendment 6
Proposal for a directive
Recital 5 a (new)
(5a)  The Council, at its meeting of 25 June 2018, adopted conclusions on "Delivering on the EU Action Plan for the Circular Economy", clearly supporting the actions undertaken at a European and global level to restrict the use of microplastics intentionally added to products as well as the use of oxo-plastics in the Union and the actions envisaged in the Plastics Strategy concerning the reduction of microplastics from textiles, car tyres and leakage of pre-production pellets. The Union is already taking action as there is an ongoing process under REACH, whereby the Commission asked the European Chemicals Agency to develop an Annex XV restriction dossier concerning the use of intentionally added microplastic particles to consumer or professional use products of any kind.
Amendment 7
Proposal for a directive
Recital 5 b (new)
(5b)  The Union should adopt a comprehensive approach to the problem of microplastics and should encourage all producers to strictly limit microplastics from their formulations, with particular attention to textile and tyre manufacturers since synthetic clothing and tyres contribute to 63 % of microplastics which end up directly in the aquatic environment.
Amendment 8
Proposal for a directive
Recital 6
(6)  Existing Union legislation40 and policy instruments provide some regulatory responses to address marine litter. In particular, plastic waste is subject to overall Union waste management measures and targets, such as the recycling target for plastic packaging waste41 and the recently adopted objective in the Plastics Strategy42 to ensure that all plastic packaging is recyclable by 2030. However, the impact of that legislation on marine litter is not sufficient and there are differences in the scope and the level of ambition amongst national measures to prevent and reduce marine litter. In addition, some of those measures, in particular marketing restrictions for single-use plastic products, may create barriers to trade and distort competition in the Union.
(6)  Proper waste management remains essential for the prevention of (marine) litter. Existing Union legislation40 and policy instruments provide some regulatory responses to address marine litter. In particular, plastic waste is subject to overall Union waste management measures and targets, such as the recycling target for plastic packaging waste41 and the recently adopted objective in the Plastics Strategy42 to ensure that all plastic packaging is recyclable by 2030. However, the impact of that legislation on marine litter is not sufficient and there are differences in the scope and the level of ambition amongst national measures to prevent and reduce marine litter. In addition, some of those measures, in particular marketing restrictions for single-use plastic products, may create barriers to trade and distort competition in the Union.
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40 Directive 2008/98/EC, Directive 2000/59/EC, Directive 2000/60/EC, Directive 2008/56/EC and Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).
40 Directive 2008/98/EC, Directive 2000/59/EC, Directive 2000/60/EC, Directive 2008/56/EC and Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).
41 Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365 31.12.1994, p. 10).
41 Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365 31.12.1994, p. 10).
42 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "A European Strategy for Plastics in a Circular Economy" (COM(2018)0028).
42 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "A European Strategy for Plastics in a Circular Economy" (COM(2018)0028).
Amendment 9
Proposal for a directive
Recital 6 a (new)
(6a)  Fostering research and innovation in the packaging sector is a key factor in order to promote a more sustainable value chain. In order to achieve that aim, it is necessary to strengthen the relevant funding mechanisms within the context of the European R&D programming tools, such as the EU Framework Programmes for Research and Innovation (i.e. Horizon 2020), with a view to the forthcoming Strategic Research Innovation Agenda for Plastics.
Amendment 10
Proposal for a directive
Recital 7
(7)  To focus efforts where they are most needed, this Directive should only cover the most found single-use plastics products, which are estimated to represent around 86% of the single-use plastics found, in counts, on beaches in the Union.
(7)  To focus efforts where they are most needed, this Directive should only cover the most found single-use plastics products as well as fishing gear. The single-use plastics products covered by measures under this Directive are estimated to represent around 86% of the single-use plastics found, in counts, on beaches in the Union.
Amendment 11
Proposal for a directive
Recital 7 a (new)
(7a)  This Directive is without prejudice to the provisions established in Directive 94/62/EC regarding single-use plastic products that are considered packaging items as defined by Article 3(1) of Directive 94/62/EC.
Amendment 12
Proposal for a directive
Recital 7 b (new)
(7b)  The review report of the Commission should indicate whether the scope can be broadened to single-use products in general.
Amendment 13
Proposal for a directive
Recital 7 c (new)
(7c)   Terrestrial pollution and contamination of soil by larger items of plastic and resulting fragments or micro-plastics can be significant on local or regional scales. On a local scale that can be considerable due to intensive use of plastics in agriculture. To reduce the effects of plastic waste on the environment and on human and animal health, plastic pollution from agricultural land should be thoroughly investigated.
Amendment 14
Proposal for a directive
Recital 8 a (new)
(8a)  Plastic products should be manufactured taking into account their entire lifespan. Eco-design of plastic products should always take into account production phase, recyclability and possibly also reusability of the product. Producers should be encouraged, where appropriate, to use single or compatible polymers for manufacturing their products in order to simplify sorting and enhance recyclability, especially in the case of plastic packaging
Amendment 16
Proposal for a directive
Recital 9 a (new)
(9a)   By retaining the value of products and materials for as long as possible and generating less waste, the economy of the Union can become more competitive and more resilient, while reducing the pressure on precious resources and the environment.
Amendment 17
Proposal for a directive
Recital 10
(10)  The single-use plastic products should be addressed by one or several measures, depending on various factors, such as the availability of suitable and more sustainable alternatives, the feasibility to change consumption patterns, and the extent to which they are already covered by existing Union legislation.
(10)  The single-use plastic products should be addressed by one or several measures, depending on various factors, such as the availability of suitable and more sustainable alternatives, taking into account life cycle principles, the feasibility to change consumption patterns, and the extent to which they are already covered by existing Union legislation.
Amendment 18
Proposal for a directive
Recital 11
(11)  For certain single-use plastic products, suitable and more sustainable alternatives are not yet readily available and the consumption of most such single-use plastic products is expected to increase. To reverse that trend and promote efforts towards more sustainable solutions Member States should be required to take the necessary measures to achieve a significant reduction in the consumption of those products, without compromising food hygiene or food safety, good hygiene practices, good manufacturing practices, consumer information, or traceability requirements set out in Union food legislation44.
(11)  For certain single-use plastic products, suitable and more sustainable alternatives are not yet readily available and the consumption of most such single-use plastic products is expected to increase. To reverse that trend and promote efforts towards safe and sustainable solutions, Member States should be required to take the necessary measures to achieve an ambitious and sustained reduction in the consumption of those products, as is being done for plastic bags under Directive 94/62/EC, as amended by Directive (EU) 2015/720 of the European Parliament and of the Council43a, without compromising food hygiene or food safety, good hygiene practices, good manufacturing practices, consumer information, or traceability requirements set out in Union food legislation44. These measures should apply to containers for food fulfilling all of the following criteria: the food in question is intended for immediate consumption, it is intended for consumption without further preparation, and it is intended to be consumed from the receptacle. Member States should aim at the highest possible ambition for those measures, which should be proportionate to the seriousness of the littering risk of the various products and uses. Member States should adopt national targets to quantify the effects of the measures taken to achieve the ambitious and sustained reduction. Member States should encourage the use of products that are suitable for multiple use and that are, after having become waste, suitable for preparing for re-use and recycling, without compromising the free movement of goods in the internal market. Those measures should take into account the impact of products throughout their life cycle including when found in the marine environment and should respect the waste hierarchy.
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43a Directive (EU) 2015/720 of the European Parliament and of the Council of 29 April 2015 amending Directive 94/62/EC as regards reducing the consumption of lightweight plastic carrier bags (OJ L 115, 6.5.2015, p. 11).
44 Regulation (EC) 178/2002 laying down the general principles and requirements of food law (OJ L 31, 1.2.2002, p.1-24), Regulation (EC) No 852/2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p.1-54), Regulation (EC) No 1935/2004 on materials intended to come into contact and other relevant legislation related to food safety, hygiene and labeling (OJ L 338, 13.11.2004, p.4-17).
44 Regulation (EC) 178/2002 laying down the general principles and requirements of food law (OJ L 31, 1.2.2002, p.1-24), Regulation (EC) No 852/2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p.1-54), Regulation (EC) No 1935/2004 on materials intended to come into contact and other relevant legislation related to food safety, hygiene and labeling (OJ L 338, 13.11.2004, p.4-17).
Amendment 19
Proposal for a directive
Recital 11 a (new)
(11a)  Tobacco product filters are the second most littered single-use plastic items. Although the market share of plant-derived cellulose filters for tobacco products appears to be increasing, the acceptability of the available alternatives is not clear. Furthermore, the huge impact on the environment of tobacco products with filters cannot be ignored as those filters may break into smaller plastic pieces. Used tobacco filters also contain numerous chemicals that are harmful for the environment, of which at least 50 are known human carcinogens, as well as heavy metals, which may leach from the filter and harm the surrounding land, air and marine environments. In order to address the environmental impact caused by post-consumption waste, a wide range of measures are necessary for tobacco products with filters, ranging from a reduction of single-use, disposable filters containing plastic to extended producer responsibility to ensure responsible disposal and to cover the costs of litter clean-up. In order to address the significant collection and sorting costs currently borne by taxpayers, the extended producer responsibility schemes should cover the costs of litter clean-up and the costs for appropriate waste collection infrastructures. As part of these measures, Member States could also create incentives for a cigarette butt recovery chain to clean cellulose acetate, the plastic material that makes up 60 % of the composition of cigarette filters, and then transform it into new plastic objects.
Amendment 20
Proposal for a directive
Recital 12
(12)  For other single-use plastic products, suitable and more sustainable alternatives that are also affordable are readily available. In order to limit the adverse impact of such products on the environment, Member States should be required to prohibit their placing on the Union market. By doing so, the use of those readily available and more sustainable alternatives as well as innovative solutions towards more sustainable business models, re-use alternatives and substitution of materials would be promoted.
(12)  For other single-use plastic products, suitable and more sustainable alternatives that are also affordable are readily available. In order to limit the adverse impact of such products on the environment, Member States should be required to prohibit their placing on the Union market. By doing so, the use of those readily available and more sustainable alternatives that comply with existing standards and Union law as well as innovative solutions towards more sustainable business models, re-use alternatives and substitution of materials would be promoted, in line with the waste hierarchy as laid down in Article 4 of Directive 2008/98/EC. The marketing restrictions introduced in this Directive should also cover products made of oxo-degradable plastic, as this type of plastic does not properly biodegrade and thus contributes to microplastic pollution in the environment, is not compostable, negatively affects the recycling of conventional plastic and fails to deliver a proven environmental benefit. In view of the high prevalence of polystyrene litter in the marine environment and the availability of alternatives, single-use food and beverage containers made of expanded polystyrene should also be restricted.
Amendment 21
Proposal for a directive
Recital 12 a (new)
(12a)  For plastic plates and cutlery, even if suitable and if more sustainable alternatives are also readily available, where duly justified and in order to avoid any risks in the continuity of the provision of certain social services, such as catering in educational establishments and health-care services, it is appropriate to come with a limited time extension for the implementation of prohibiting their placing on the Union market.
Amendment 23
Proposal for a directive
Recital 12 c (new)
(12c)  The measures laid down in this Directive which promote the usage of non-plastic alternatives should under no circumstances cause an increase of detrimental effects to the environment and the climate, e.g. additional CO2 emissions or the exploitation of valuable resources. While many of the non-plastic alternatives are made out of natural resources and are expected to originate from the bio-economy, it is especially important to ensure the sustainability of these materials. In respect of the waste hierarchy, the measures laid down in this Directive and their implementation should always give priority to prevention or to the transition to re-usable products rather than to other single-use alternatives, even if they are made of non-plastic materials.
Amendment 24
Proposal for a directive
Recital 13
(13)  Caps and lids, with a significant part made of plastic, from beverage containers are among the most found single-use plastic items littered on Union beaches. Therefore, beverage containers that are single-use plastic products should only be allowed to be placed on the market if they fulfil specific product design requirements significantly reducing the leakage into the environment of beverage container caps and lids. For beverage containers that are single-use plastic products and packaging, this requirement is an addition to the essential requirements on the composition and the reusable and recoverable, including recyclable, nature of packaging set out in Annex II of Directive 94/62/EEC. In order to facilitate conformity with the product design requirement and ensure a smooth functioning of the internal market, it is necessary to develop a harmonised standard adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council45 and the compliance with that standard should allow presumption of conformity with those requirements. Sufficient time should be envisaged for the development of a harmonised standard and to allow the producers to adapt their production chains in relation to the implementation of the product design requirement.
(13)  Caps and lids made of plastic, from beverage containers are among the most found single-use plastic items littered on Union beaches. Therefore, beverage containers that are single-use plastic products should only be allowed to be placed on the market if they fulfil specific product design requirements significantly reducing the leakage into the environment of beverage container caps and lids and increasing the quantities recycled. For beverage containers that are single-use plastic products and packaging, this requirement is an addition to the essential requirements on the composition and the reusable and recoverable, including recyclable, nature of packaging set out in Annex II of Directive 94/62/EEC. In order to facilitate conformity with the product design requirement and ensure a smooth functioning of the internal market, it is necessary to develop a harmonised standard adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council45 and the compliance with that standard should allow presumption of conformity with those requirements. Sufficient time should be envisaged for the development of a harmonised standard and to allow the producers to adapt their production chains in relation to the implementation of the product design requirement. In order to ensure the circular use of plastics, the market uptake of recycled materials needs to be safeguarded. It is therefore appropriate to introduce a requirement for a mandatory minimum content of recycled plastics in certain products.
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45 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).
45 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).
Amendment 25
Proposal for a directive
Recital 13 a (new)
(13a)  In the context of the review to be undertaken pursuant to Article 9(5) of Directive 94/62/EC, the Commission should take into account the relative properties of different packaging materials, including composite materials, on the basis of life-cycle assessments, addressing in particular prevention and design for circularity.
Amendment 26
Proposal for a directive
Recital 13 b (new)
(13b)  The presence of dangerous chemical substances in sanitary towels and tampons and tampon applicators should be avoided in the interests of women’s health. In the same way, the accessibility of multi-use and more economically sustainable solutions is vital in ensuring that women have full access to life in society.
Amendment 27
Proposal for a directive
Recital 14
(14)  Certain single-use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment. Therefore, single-use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements. The marking should inform consumers about appropriate waste disposal options and/or waste disposal options to be avoided and/or about the negative environmental impacts of litter as a result of inappropriate disposal. The Commission should be empowered to establish a harmonised format for the marking and when doing so should, where appropriate, test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandable.
(14)  Certain single-use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment. Disposal through sewers may in addition cause substantial economic damage to sewer networks by clogging pumps and blocking pipes. For these products, there is frequently a significant lack of information about the material characteristics of these products and the appropriate waste disposal. Therefore, single-use plastic products that are frequently disposed of through sewers or otherwise inappropriately disposed of should be subject to marking requirements and awareness-raising measures. The marking should inform consumers about appropriate waste disposal options and/or waste disposal options to be avoided, about the negative environmental impacts of litter as a result of inappropriate disposal, the presence of plastics in the product and the recyclability of the product. The Commission should be empowered to establish a harmonised format for the marking and when doing so should, where appropriate, test the perception of the proposed marking with representative groups of consumers to ensure that it is effective, clearly understandable, and not misleading, and should also consider existing voluntary agreements.
Amendment 28
Proposal for a directive
Recital 15
(15)  With regard to single-use plastic products for which there are no readily available suitable and more sustainable alternatives, Member States should, in line with the polluter pays principle, also introduce extended producer responsibility schemes to cover the costs of waste management and clean-up of litter as well as the costs of awareness-raising measures to prevent and reduce such litter.
(15)  With regard to single-use plastic products for which there are no readily available suitable and more sustainable alternatives, Member States should, in line with the polluter pays principle, also introduce extended producer responsibility schemes to cover the necessary costs of waste management and clean-up of litter, as well as the costs of awareness-raising measures to prevent and reduce such litter and to tackle consumer misbehaviour. These costs should not exceed the costs that are necessary to provide those services in a cost-efficient way and should be established in a transparent way between the actors concerned. Costs to clean up litter should be proportionate and should be based on clear objectives established in accordance with Article 8a(1) of Directive 2008/98/EC. These objectives should define the scope and scale of the clean-up activities covered by the extended producer responsibility scheme in line with relevant obligations concerning waste prevention and marine litter in Union law. Such activities should include for instance litter prevention and collection in streets, markets and other public spaces and during public events but should not include operations, including sea and ocean clean-up, for which public authorities are not responsible.
Amendment 29
Proposal for a directive
Recital 15 a (new)
(15a)   Economic incentives are able to influence consumer choice, encourage or discourage specific consumer habits and can thus be used as an effective upstream tool for reducing the impact of certain plastics on the environment.
Amendment 30
Proposal for a directive
Recital 16
(16)  The large portion of plastic stemming from abandoned, lost and discarded fishing gear containing plastic in marine litter indicates that the existing legal requirements46 do not provide sufficient incentives to return such fishing gear to shore for collection and treatment. The indirect fee system envisaged under Union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea, and ensures a right of delivery. That system should, however, be supplemented by further financial incentives for fishermen to bring their fishing gear waste on shore to avoid any potential increase in the indirect waste fee to be paid. As plastic components of fishing gear have a high recycling potential, Member States should, in line with the polluter pays principle, introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear, in particular recycling.
(16)  The large portion of plastic stemming from abandoned, lost and discarded fishing gear containing plastic in marine litter indicates that the existing legal requirements46 do not provide sufficient incentives to return such fishing gear to shore for collection and treatment. Under Regulation (EC) No 1224/2009, if lost fishing gear cannot be retrieved, the master of the vessel is required to inform the competent authority of its flag Member State. In order to ensure harmonised monitoring, the data on lost fishing gear should be collected and recorded by the Member States and forwarded annually to the Commission. The indirect fee system envisaged under Union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea, and ensures a right of delivery. That system should, however, be supplemented by further financial incentives for fishermen to bring their fishing gear waste on shore to avoid any potential increase in the indirect waste fee to be paid. As plastic components of fishing gear have a high recycling potential, Member States should, in line with the polluter pays principle, introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear, in particular recycling. Member States should adopt the measures required to ensure that financial contributions paid by producers of fishing gear containing plastic in fulfilment of their obligations deriving from producer responsibility are adjusted, in particular to take into account the durability, reparability, re-usability and recyclability of such fishing gear.
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46 Council Regulation (EC) No 1224/2009, Directive 2000/59/EC and Directive 2008/98/EC.
46 Council Regulation (EC) No 1224/2009, Directive 2000/59/EC and Directive 2008/98/EC.
Amendment 31
Proposal for a directive
Recital 16 a (new)
(16a)  In the framework of an extended producer responsibility for fishing gear containing plastic, Member States should monitor, assess, collect and recycle fishing gear in order to meet the quantitative targets for collection and recycling of fishing gear containing plastic laid down in this Directive.
Amendment 32
Proposal for a directive
Recital 17 a (new)
(17a)   In the Common Agricultural Policy (CAP) Strategic Plans, the problem of agricultural plastic waste should be addressed and the Commission should, as appropriate, introduce a standard for good agricultural and environmental condition of land on plastic waste as a new element of enhanced conditionality in the mid-term, by 2023. Farmers would, under the new cross-compliance requirement, be bound to use an authorised waste management business to arrange collection and recycling of plastic, and keep evidence that plastic waste has been handled correctly.
Amendment 33
Proposal for a directive
Recital 18
(18)  In order to prevent littering and other inappropriate forms of disposal resulting in marine litter containing plastic, consumers need to be properly informed about the most appropriate waste disposal options available and/or waste disposal options to be avoided, best practices with regard to waste disposal and the environmental impact of bad disposal practices as well as about the plastic content in certain single-use plastic products and fishing gear. Therefore, Member States should be required to take awareness raising measures ensuring that such information is given to the consumers. The information should not contain any promotional content encouraging the use of the single-use plastic products. Member States should be able to choose the measures which are most appropriate based on the nature of the product or its use. Producers of single-use plastic products and fishing gear containing plastic should cover the costs of the awareness raising measures as part of their extended producer responsibility obligation.
(18)  In order to prevent littering and other inappropriate forms of disposal resulting in marine litter containing plastic, consumers need to be properly informed about the most appropriate waste disposal options available and/or waste disposal options to be avoided, best practices with regard to waste disposal and the environmental impact of bad disposal practices as well as about the plastic content in certain single-use plastic products and fishing gear, in order to incentivise responsible consumer behaviour in the correct disposal of waste. Therefore, Member States should be required to take awareness raising measures ensuring that such information is given to the consumers. This information should include the impact of inappropriate waste disposal on the sewer network. The information should not contain any promotional content encouraging the use of the single-use plastic products. Member States should be able to choose the measures which are most appropriate based on the nature of the product or its use. The fight against litter is a shared effort between competent authorities, producers and consumers. Producers of single-use plastic products and fishing gear containing plastic should cover the costs of the awareness raising measures as part of their extended producer responsibility obligation. Producers should be encouraged to use their marketing power to promote and drive sustainable and circular consumption and use of products.
Amendment 34
Proposal for a directive
Recital 18 a (new)
(18a)   In accordance with Union law, the Commission is required assist the Member States to produce strategies and plans for the reduction of the dispersal at sea of fishing gear, including through subsidies from the European Maritime and Fisheries Fund (EMFF). The efforts may include awareness-raising campaigns and programmes on the impact of such waste on marine ecosystems, research on the feasibility of biodegradable/compostable fishing gear, educational projects for fishermen and specific public programmes for the removal of plastic and other items from the marine environment.
Amendment 35
Proposal for a directive
Recital 20
(20)  Beverage bottles that are single-use plastic products are one of the most found marine litter items on the beaches in the Union. This is due to ineffective separate collection systems and low participation in those systems by the consumers. It is necessary to promote more efficient separate collection systems and therefore, a minimum separate collection target should be established for beverage bottles that are single-use plastic products. Member States should be able to achieve that minimum target by setting separate collection targets for beverage bottles that are single-use plastic products in the framework of the extended producer responsibility schemes or by establishing deposit refund schemes or by any other measure that they find appropriate. This will have a direct, positive impact on the collection rate, the quality of the collected material and the quality of the recyclates, offering opportunities for the recycling business and the market for the recyclate.
(20)  Beverage bottles (with caps and lids) that are single-use plastic products are one of the most found marine litter items on the beaches in the Union. This is due to ineffective separate collection systems and low participation in those systems by the consumers. It is necessary to promote more efficient separate collection systems and to increase the production from recycled content and therefore, a minimum separate collection target should be established for beverage bottles that are single-use plastic products. Member States should be able to achieve that minimum target by setting separate collection targets for beverage bottles that are single-use plastic products in the framework of the extended producer responsibility schemes or by establishing deposit refund schemes or any other measure that they find appropriate. This minimum collection target should be accompanied by a requirement for specific recycled content for plastic bottles, in order to ensure that the increase in plastic collected is reused or recycled and thus reintroduced into the circular economy. Those measures will have a direct, positive impact on the collection and recycling rate, the quality of the collected material and the quality of the recyclates, offering new opportunities for the recycling business and the market for the recyclate. When implementing the measures to achieve the minimum separate collection target, Member States should ensure that the sound operation of existing extended producer responsibility schemes is maintained. The Commission should lay down guidelines for the functioning of deposit-refund schemes for those Member States that choose to establish such schemes.
Amendment 36
Proposal for a directive
Recital 20 a (new)
(20a)  Directive 2008/98/EC defines ‘separate collection’ as the collection where a waste stream is kept separately by type and nature so as to facilitate a specific treatment. Directive (EU) 2018/851 of the European Parliament and of the Council1a amending Directive 2008/98/EC notes that separate collection could be achieved through door-to-door collection, bring and reception systems or other collection arrangements. Point (a) of Article 10(3) of Directive 2008/98/EC allows for a derogation whereby it should be possible to collect certain types of waste together provided that this does not impede high-quality recycling or other recovery of waste, in line with the waste hierarchy, and results in output from those operations which is of comparable quality to that achieved through separate collection. That derogation should be available also in the implementation of this Directive.
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1a Directive (EU) 2018/851 of the European Parliament and of the Council of 30 May 2018 amending Directive 2008/98/EC on waste (OJ L 150, 14.6.2018, p. 109).
Amendment 37
Proposal for a directive
Recital 22
(22)  Pursuant to paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 201648, the Commission should carry out an evaluation of this Directive. That evaluation should be based on experience gathered and data collected during the implementation of this Directive and data collected under Directive 2008/56/EC or Directive 2008/98/EC. The evaluation should provide the basis for an assessment of possible further measures and an assessment whether, in view of monitoring of marine litter in the Union, the Annex listing single-use plastic products needs to be reviewed. The evaluation should also consider whether scientific and technical progress that has taken place in the meantime, including the development of biodegradable materials and the development of criteria or a standard for biodegradability of plastics in the marine environment, as foreseen in the European Plastics Strategy, allows the setting of a standard for biodegradation of certain single-use plastic products in the marine environment. That standard would include a standard to test if, as a result of physical and biological decomposition in the marine environment, plastics would fully decompose into carbon dioxide (CO2), biomass and water within a timescale short enough for the plastics not to be harmful for marine life and not lead to an accumulation of plastics in the environment. If that is the case, single-use plastic products that meet such a standard could be exempted from the prohibition on placing on the market. While the European Strategy for Plastics already envisages action in this area, it also recognises the challenges in relation to determining a regulatory framework for plastics with biodegradable properties due to different marine conditions across seas.
(22)  Pursuant to paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 201648, the Commission should carry out an evaluation of this Directive. That evaluation should be based on experience gathered and data collected during the implementation of this Directive and data collected under Directive 2008/56/EC or Directive 2008/98/EC. The evaluation should provide the basis for an assessment of possible further measures, including the setting of Union-wide reduction targets for 2030 and beyond, and an assessment whether, in view of monitoring of marine litter in the Union, the Annex listing single-use plastic products needs to be reviewed.
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48.  OJ L 123, 12.5.2016, p. 1.
48.  OJ L 123, 12.5.2016, p. 1.
Amendment 38
Proposal for a directive
Recital 23
(23)  Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented. The penalties should be effective, proportionate and dissuasive.
(23)  Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented. The penalties should be effective, proportionate and dissuasive. Consumers should also be incentivised or penalised for their behaviour, as appropriate.
Amendment 39
Proposal for a directive
Recital 25
(25)  Since the objectives of this Directive, namely to prevent and to reduce the impact of certain single-use plastic products and fishing gear containing plastic on the environment, to promote the transition to a circular economy, including the fostering of innovative business models, products and materials, thus also contributing to the efficient functioning of the internal market, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,
(25)  Since the objectives of this Directive, namely to prevent and to reduce the impact of certain single-use plastic products and fishing and aquaculture gear containing plastic on the environment and on human health, to promote the transition to a circular economy, including the fostering of innovative business models, products and materials, thus also contributing to the efficient functioning of the internal market, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,
Amendment 40
Proposal for a directive
Recital 25 a (new)
(25a)  Since plastic marine litter is not limited to the marine environment surrounding the Union and since a huge amount of plastic marine litter can be detected in other parts of the world than the Union, Member States should ensure that exports of waste materials to third countries do not add to plastic marine litter elsewhere.
Amendment 41
Proposal for a directive
Recital 25 b (new)
(25b)  Member States can also play an important role in curbing marine litter by sharing their knowledge and expertise in sustainable material management with third countries.
Amendment 42
Proposal for a directive
Recital 25 c (new)
(25c)  Public authorities, including the Union institutions, should lead by example.
Amendment 43
Proposal for a directive
Article 1 – paragraph 1
The objective of this Directive is to prevent and reduce the impact of certain plastic products on the environment, in particular the aquatic environment, and on human health as well as to promote the transition to a circular economy with innovative business models, products and materials, thus also contributing to the efficient functioning of the internal market.
The objective of this Directive is to prevent and reduce the impact of certain plastic products on the environment, in particular on the aquatic life and environment, and on human health as well as to promote the transition to a circular economy with innovative and sustainable business models, products and materials, thus also contributing to the efficient functioning of the internal market.
Amendment 44
Proposal for a directive
Article 2 – paragraph 1
This Directive shall apply to the single-use plastic products listed in the Annex and to fishing gear containing plastic.
This Directive shall apply to the single-use plastic products listed in the Annex and to fishing and aquaculture gear containing plastic.
Amendment 45
Proposal for a directive
Article 3 – paragraph 1 – point 1
(1)  'plastic' means a material consisting of a polymer within the meaning of Article 3(5) of Regulation (EC) No 1907/2006, to which additives or other substances may have been added, and which can function as a main structural component of final products, with the exception of natural polymers that have not been chemically modified;
(1)  'plastic' means a material consisting of a polymer within the meaning of Article 3(5) of Regulation (EC) No 1907/2006, to which additives or other substances may have been added, and which functions or can function as a main structural component of final products, with the exception of natural polymers that have not been chemically modified;
Amendment 47
Proposal for a directive
Article 3 – paragraph 1 – point 2 a (new)
(2a)  ‘very lightweight plastic carrier bags’ means lightweight plastic carrier bags as defined in Article 3(1c) of Directive 94/62/EC with a wall thickness below 15 microns;
Amendment 48
Proposal for a directive
Article 3 – paragraph 1 – point 3
(3)  ‘fishing gear’ means any item or piece of equipment that is used in fishing and aquaculture to target or capture marine biological resources or that is floating on the sea surface and is deployed with the objective of attracting and capturing such marine biological resources
(3)  ‘fishing gear’ means any item or piece of equipment that is used in fishing and aquaculture to target, capture or retain for farming marine biological resources or that is floating on the sea surface and is deployed with the objective of attracting, capturing or retaining such marine biological resources;
Amendment 49
Proposal for a directive
Article 3 – paragraph 1 – point 4
(4)  'waste fishing gear' means any fishing gear covered by the definition of waste in Directive 2008/98/EC, including all separate components, substances or materials that were part of or attached to such fishing gear when it was discarded;
(4)  'waste fishing gear' means any fishing gear covered by the definition of waste in Directive 2008/98/EC, including all separate components, substances or materials that were part of or attached to such fishing gear when it was discarded or lost;
Amendment 50
Proposal for a directive
Article 3 – paragraph 1 – point 10
(10)  'producer' means any natural or legal person that, irrespective of the selling technique used, including distance contracts within the meaning of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 201150, places on the market single-use plastic products and fishing gear containing plastic except persons carrying out fishing activities as defined in Article 4(28) of Regulation (EC) No 1380/2013 of the European Parliament and of the Council51;
(10)  ‘producer’ means any natural or legal person that professionally develops, manufactures, processes, treats, sells or imports, irrespective of the selling technique used, including distance contracts within the meaning of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 201150, and in doing so, places on the market single-use plastic products and fishing gear containing plastic except persons carrying out fishing activities or aquaculture as defined in Article 4(25) and 4(28) of Regulation (EC) No 1380/2013 of the European Parliament and of the Council 51;
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51 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p.22).
51 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p.22).
Amendment 51
Proposal for a directive
Article 3 – paragraph 1 – point 11 a (new)
(11a)  ‘separate collection’ means separate collection as defined in Article 3(11) of Directive 2008/98/EC;
Amendment 52
Proposal for a directive
Article 3 – paragraph 1 – point 13 a (new)
(13a)  'Biodegradable plastic' means a plastic capable of undergoing physical, biological decomposition, such that it ultimately decomposes into carbon dioxide (CO2), biomass and water and in accordance with European standards for packaging recoverable through composting and anaerobic digestion;
Amendment 53
Proposal for a directive
Article 3 – paragraph 1 – point 14 a (new)
(14a)  ‘tobacco products’ means tobacco products as defined in point (4) of Article 2 of Directive 2014/40/EU.
Amendments 118, 54 and 119
Proposal for a directive
Article 4
Article 4
Article 4
Consumption reduction
Consumption reduction
1.  Member States shall take the necessary measures to achieve a significant reduction in the consumption of the single-use plastic products listed in Part A of the Annex on their territory by … [six years after the end-date for transposition of this Directive].
1.  Member States shall take the necessary measures to achieve an ambitious and sustained reduction of at least 25 % by 2025 in the consumption of the single-use plastic products listed in Part A of the Annex on their territory.
Those measures may include national consumption reduction targets, measures ensuring that reusable alternatives to those products are made available at the point of sale to the final consumer, economic instruments such as ensuring that single-use plastic products are not provided free of charge at the point of sale to the final consumer. Those measures may vary depending on the environmental impact of the products referred to in the first subparagraph.
Those measures may include measures ensuring that reusable alternatives to those products are made available at the point of sale to the final consumer, economic instruments such as ensuring that single-use plastic products are not provided free of charge at the point of sale to the final consumer. Those measures may vary depending on the environmental impact, of the products referred to in the first subparagraph over their life cycle, including when littered.
Member States shall draw up national plans describing the measures adopted pursuant to this paragraph. Member States shall notify the Commission of the plans and shall update them where necessary. The Commission may issue recommendations on those plans.
Member States shall set national quantitative reduction targets to attain the objective laid down in the first subparagraph of this paragraph. Those targets shall be adopted by … [end-date for transposition of this Directive].
Measures adopted pursuant to this paragraph shall be proportionate and non-discriminatory. Member States shall notify the Commission of those measures in accordance with Directive (EU) 2015/15351a where so required by that Directive.
2.  The Commission may adopt an implementing act laying down the methodology for the calculation and verification of the significant reduction in the consumption of the single-use plastic products referred to in paragraph 1. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 16(2).
2.  The Commission shall adopt an implementing act laying down the methodology for the calculation and verification of the ambitious and sustained reduction in the consumption of the single-use plastic products referred to in paragraph 1 by… [12 months after the date of entry into force of this Directive]. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 16(2).
2a.  Member States shall take the necessary measures to achieve a sustained reduction of the environmental impact of waste from tobacco products, and in particular tobacco product filters containing plastic, by reducing post-consumption waste from tobacco product filters containing plastic as follows: 50 % by 2025 and 80 % by 2030, compared to the weighted average of plastic filters of tobacco products placed on the market between 2014 and 2016.
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1a Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification) (OJ L 241, 17.9.2015, p. 1).
Amendment 55
Proposal for a directive
Article 6 – paragraph 1
1.  Member States shall ensure that single-use plastic products listed in Part C of the Annex that have caps and lids with a significant part made of plastic may be placed on the market only if the caps and lids remain attached to the container during the product’s intended use stage.
1.  Member States shall ensure that single-use plastic products listed in Part C of the Annex that have caps and lids made of plastic may be placed on the market only if the caps and lids remain attached to the container during the product’s intended use stage.
Amendment 56
Proposal for a directive
Article 6 – paragraph 1 a (new)
1a.  Member States shall ensure that by 2025 beverage bottles listed in Part C of the Annex may be placed on the market only if they are made from at least 35 % recycled content and are recyclable.
By 1 January 2022, the Commission shall adopt implementing acts laying down the methodology for the calculation of recycled content. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).
Amendment 57
Proposal for a directive
Article 6 – paragraph 2
2.  For the purposes of this Article metal caps or lids with plastic seals shall not be considered to have a significant part made of plastic.
2.  For the purposes of this Article metal caps or lids with plastic seals shall not be considered to be made of plastic. Glass and metal beverage containers that have caps and lids made of plastic shall not be covered by this Article.
Amendment 58
Proposal for a directive
Article 6 – paragraph 3
3.  The Commission shall request the European standardisation organisations to develop harmonised standards relating to the requirement referred to in paragraph 1.
3.  By ... [3 months after the date of entry into force of this Directive], the Commission shall request the European standardisation organisations to develop harmonised standards relating to the requirement referred to in paragraph 1. Those standards shall in particular address the need to ensure the necessary strength, reliability and safety of beverage container closures, including those for carbonated drinks.
Amendments 59 and 140
Proposal for a directive
Article 7
Article 7
Article 7
Marking requirements
Marking requirements
1.  Member States shall ensure that each single-use plastic product listed in Part D of the Annex placed on the market bears a conspicuous, clearly legible and indelible marking informing consumers of one or more of the following:
1.  Member States shall ensure that each sales packaging of the single-use plastic products listed in Part D of the Annex placed on the market bears a conspicuous, clearly legible and indelible marking, both on packaging containing several units and on each separate unit, when packaged individually, informing consumers of the following:
(a)  appropriate waste disposal options for the product or waste disposal means to be avoided for that product,
(a)  appropriate waste disposal options for the product and/or waste disposal means to be avoided for that product,
(b)  the negative environmental impacts of littering or other inappropriate waste disposal of the products, or
(b)  the negative environmental impacts of littering or other inappropriate waste disposal of the products,
(c)  the presence of plastics in the product.
(c)  the presence of plastics in the product, and
(ca)   the presence in the product of chemicals of concern, such as hazardous metals, phthalates, PFAS, bisphenols, as well as endocrine disruptors and other substances of very high concern (SVHC) under Regulation (EC) No 1907/2006.
In addition, Member States shall ensure that each sales packaging of the single-use plastic products listed in Part D of the Annex, except tobacco products with filters and filters marketed for use in combination with tobacco products, placed on the market bears a conspicuous, clearly legible and indelible marking, both on packaging containing several units and on each separate unit, when packaged individually, informing consumers of the recyclability of the product.
2.  The Commission shall, by … [12 months before the end-date for transposition of this Directive] adopt an implementing act laying down the specifications for the marking referred to in paragraph 1. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 16(2).
2.  The Commission shall, by … [12 months before the end-date for transposition of this Directive] adopt an implementing act laying down the specifications for the marking referred to in paragraph 1 and in doing so shall consider existing sectorial voluntary agreements and shall pay particular attention to the need to avoid information that misleads consumers. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 16(2).
Amendment 146
Proposal for a directive
Article 7 a (new)
Article 7a
Provisions for Sanitary Items
Member States shall prevent the use of hazardous chemicals in the composition of sanitary towels, tampons and tampon applicators listed in Part D of the Annex.
Amendment 60
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
With regard to the schemes established pursuant to paragraph 1, Member States shall ensure that the producers of the single-use plastic products listed in Part E of the Annex shall cover the costs of the collection of waste consisting of those single-use plastic products and its subsequent transport and treatment, including the costs to clean up litter and the costs of the awareness raising measures referred to in Article 10 regarding those products.
With regard to the schemes established pursuant to paragraph 1, Member States shall ensure that the producers of the single-use plastic products listed in Part E of the Annex shall cover the costs of the collection of waste consisting of those single-use plastic products and its subsequent transport and treatment including the costs to clean up litter and the costs of the awareness raising measures referred to in Article 10 regarding those products. The financial contributions paid by the producers to comply with these obligations shall not exceed the costs that are necessary to provide those services in a cost-efficient way and shall be established in a transparent way between the actors concerned.
Amendment 61
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 a (new)
With regard to the costs to clean up litter referred to in the first subparagraph, Member States shall ensure that the financial contributions paid by the producers are established in a proportionate way and are modulated in accordance with Article 8a(4) of Directive 2008/98/EC, and take into account the costs of clean-up of individual products or product groups. The costs shall be limited to activities undertaken on a regular basis by public authorities or on their behalf, which shall include litter clean-up activities aiming to meet relevant obligations concerning waste prevention and environmental protection under legislative acts of the Union.
Amendment 62
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 b (new)
The Commission shall develop guidelines, in consultation with Member States, on the distribution of the costs to clean up litter covered by the extended producer responsibility schemes.
Amendment 63
Proposal for a directive
Article 8 – paragraph 2 a (new)
2a.  Member States shall ensure that extended producer responsibility schemes established pursuant to paragraph 1 of this Article for tobacco product filters containing plastic contribute to the achievement of the environmental objective laid down in Article 4(2a), including by ensuring that producers of tobacco product filters containing plastic cover the costs of the collection of waste of those products and its subsequent transport and treatment including the costs to clean up litter and the costs of the awareness raising measures referred to in Article 10 regarding those products. In order to achieve that objective, Member states may inter alia require the extended producer responsibility schemes to establish collection systems or finance collection infrastructure for used filters, or promote the decontamination and recycling of used filters through the establishment of a waste recovery chain.
Amendment 64
Proposal for a directive
Article 8 – paragraph 3
3.  Member States shall ensure that extended producer responsibility schemes are established for fishing gear containing plastic placed on the Union market, in accordance with the provisions on extended producer responsibility in Directive 2008/98/EC.
3.  Member States shall ensure that extended producer responsibility schemes are established for fishing gear containing plastic placed on the Union market, in accordance with the provisions on extended producer responsibility in Directive 2008/98/EC. Member States shall ensure on that basis that a minimum collection rate of fishing gear containing plastic is achieved annually. From 2025 the minimum collection rate shall be 50 % calculated on the basis of the total weight of fishing gear containing plastic in a given year in the Member State concerned, expressed as a percentage of the average weight of fishing gear containing plastic placed on the market in the three preceding years in that Member State.
They shall also ensure that those extended producer responsibility schemes achieve a recycling target of at least 15 % for fishing gear containing plastic by 2025. In order to achieve that target, Member States may additionally require the schemes to inter alia:
(a)  modulate financial contributions in accordance with Article 8a(4) of Directive 2008/98/EC, to promote the placing on the market of fishing gear designed for re-use and recycling;
(b)  establish deposit-refund schemes to encourage the return of old, derelict or unusable fishing gear;
(c)  include monitoring, tracking and reporting programmes.
Amendment 65
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2 a (new)
Without prejudice to technical measures laid down in Council Regulation (EC) No 850/981a, the Commission shall request the European standardisation organisations to develop harmonised standards relating to the circular design of fishing gear to encourage preparation for re-use and facilitate recyclability at end of life.
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1a Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 125, 27.4.1998, p. 1).
Amendment 66
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Member States shall take the necessary measures to collect separately, by 2025, an amount of waste single-use plastic products listed in Part F of the Annex equal to 90% of such single-use plastic products placed on the market in a given year by weight. In order to achieve that objective Member States may inter alia:
Member States shall take the necessary measures to collect separately, by 2025, an amount of waste single-use plastic products listed in Part F of the Annex equal to 90% of such single-use plastic products placed on the market in a given year by weight and ensure their subsequent recycling. In order to achieve that objective Member States may inter alia:
Amendment 67
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1a (new)
The first subparagraph shall apply without prejudice to Article 10(3)(a) of Directive 2008/98/EC.
Amendment 68
Proposal for a directive
Article 9 – paragraph 1 a (new)
The Commission shall develop guidelines, in consultation with Member States, on the functioning of deposit-refund schemes.
Amendment 69
Proposal for a directive
Article 10
Article 10
Article 10
Awareness raising measures
Awareness raising measures
1.  Member States shall take measures to inform consumers of the single-use plastic products listed in Part G of the Annex and fishing gear containing plastic about the following:
1.  Member States shall take measures to inform as well as incentivise responsible behaviour from consumers of the single-use plastic products listed in Part G of the Annex and fishing gear containing plastic about the following:
(a)  the available re-use systems and waste management options for those products and fishing gear containing plastic as well as best practices in sound waste management carried out in accordance with Article 13 of Directive 2008/98/EC;
(a)  the availability of reusable alternatives, re-use systems and waste management options for those products and fishing gear containing plastic as well as best practices in sound waste management carried out in accordance with Article 13 of Directive 2008/98/EC
(b)  the impact of littering and other inappropriate waste disposal of those products and fishing gear containing plastic on the environment, and in particular on the marine environment.
(b)  the impact of littering and other inappropriate waste disposal of those products and fishing gear containing plastic on the environment, and in particular on the marine environment;
(ba)  the impact on the sewer network of inappropriate waste disposal of those products.
Amendment 70
Proposal for a directive
Article 11 – paragraph 2
The measures that Member States take to transpose and implement Articles 4 to 9 shall comply with Union food law to ensure that food hygiene and food safety are not compromised.
The measures that Member States take to transpose and implement Articles 4 to 9 shall comply with Union food law to ensure that food hygiene and food safety are not compromised and with Regulation (EC) No 1935/2004 of the European Parliament and of the Council1a. Member States shall encourage the use of sustainable, safer alternatives to plastic where possible for materials in contact with food.
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1a Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338 13.11.2004, p. 4).
Amendment 71
Proposal for a directive
Article 11 – paragraph 2 a (new)
Member States shall ensure that exports of waste materials to third countries do not add to plastic marine litter elsewhere.
Amendment 72
Proposal for a directive
Article 12 – paragraph 1 – introductory part
1.  Member States shall ensure that natural or legal persons or their associations, organisations or groups, in accordance with national legislation or practice, have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, actions or omissions related to the implementation of Articles 5, 6, 7 and 8 when one of the following conditions is fulfilled:
1.  Member States shall ensure that natural or legal persons or their associations, organisations or groups, in accordance with national legislation or practice, have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, actions or omissions related to the implementation of Articles 4, 5, 6, 7, 8, 9 and 10 when one of the following conditions is fulfilled:
Amendment 73
Proposal for a directive
Article 13
Article 13
Article 13
Information on monitoring of implementation
Information on monitoring of implementation
1.  Without prejudice to Directive 2003/4/EC of the European Parliament and of the Council52 and Directive 2007/2/EC of the European Parliament and of the Council53, Member States, assisted by the European Environment Agency, shall set up a data set containing:
1.  Without prejudice to Directive 2003/4/EC of the European Parliament and of the Council52 and Directive 2007/2/EC of the European Parliament and of the Council53, Member States, assisted by the European Environment Agency, shall set up a data set containing:
(a)  the data on single-use plastic products listed in Part A of the Annex that have been placed on the Union market each year, to demonstrate the consumption reduction in accordance with Article 4(1);
(a)  the data on single-use plastic products listed in Part A of the Annex that have been placed on the Union market each year, to demonstrate the consumption reduction in accordance with Article 4(1);
(aa)  the data on the placing on the market and separate collection of products listed in Part F of the Annex, to demonstrate the progress towards the achievement of the target set out in Article 9;
(ab)  the data on single-use plastic products listed in Part G of the Annex that are placed on the Union market each year in order to monitor their consumption in the Union;
(ac)  data on fishing gear containing plastic placed on the market and on waste fishing gear collected and treated;
(b)  information on the measures taken by Member States for the purposes of Article 4(1).
(b)  information on the plans and measures taken by Member States for the purposes of Article 4(1);
(ba)  data on marine litter, in particular that originating in products covered by this Directive in order to monitor the effects of the measures taken.
The data referred to in point (a) of the first subparagraph shall be updated annually within 12 months from the end of the reference year for which it is collected. Where possible, spatial data services as defined in Article 3(4) of Directive 2007/2/EC shall be used to present those data sets.
The data referred to in point (a) of the first subparagraph shall be reported for the first time by… [12 months after the entry into force of this Directive]. The data referred to in points (a) to (ac) shall be updated annually within 12 months from the end of the reference year for which it is collected. Where possible, spatial data services as defined in Article 3(4) of Directive 2007/2/EC shall be used to present those data sets.
2.  Member States shall ensure that the Commission and the European Environment Agency have access to the data sets established in accordance with paragraph 1.
2.  Member States shall ensure that the Commission and the European Environment Agency have access to the data sets established in accordance with paragraph 1.
3.  The European Environment Agency shall publish and update a Union-wide overview on the basis of the data collected by the Member States, on a regular basis. The Union-wide overview shall include, as appropriate, indicators for outputs, results and impacts of this Directive, Union-wide overview maps and Member State overview reports.
3.  The European Environment Agency shall publish and update a Union-wide overview on the basis of the data collected by the Member States, on a regular basis. The Union-wide overview shall include, as appropriate, indicators for outputs, results and impacts of this Directive, Union-wide overview maps and Member State overview reports.
4.  The Commission may adopt implementing acts laying down the format for the data set, information and data referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).
4.  The Commission shall adopt implementing acts laying down the format for the data set, information and data referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).
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52 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
52 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
53 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).
53 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).
Amendments 74 and 150
Proposal for a directive
Article 15
Article 15
Article 15
Evaluation and review
Evaluation and review
1.  The Commission shall carry out an evaluation of this Directive by … [6 years after the end-date for transposition of this Directive]. The evaluation shall be based on the information available in accordance with Article 13. Member States shall provide the Commission with any additional information necessary for the purposes of the evaluation and the preparation of the report referred to in paragraph 2.
1.  The Commission shall carry out an evaluation of this Directive by … [5 years after the end-date for transposition of this Directive]. The evaluation shall be based on the information available in accordance with Article 13. Member States shall provide the Commission with any additional information necessary for the purposes of the evaluation and the preparation of the report referred to in paragraph 2.
2.  The Commission shall submit a report on the main findings of the evaluation carried out in accordance with paragraph 1 to the European Parliament, the Council and the European Economic and Social Committee.
2.  The Commission shall submit a report on the main findings of the evaluation carried out in accordance with paragraph 1 to the European Parliament, the Council and the European Economic and Social Committee. The report shall be accompanied by a legislative proposal, if appropriate. That proposal shall, if appropriate, set binding quantitative consumption reduction targets at Union level for the products listed in Part A of the Annex.
2a.  The Commission and the Member States shall set up, at the latest by 31 July 2020, a Union-wide programme for cleaning up plastic waste in the oceans and shall promote this initiative at international level.
3.  That report shall also indicate whether:
3.  That report shall include:
(a)  the Annex listing single-use plastic products needs to be reviewed;
(a)   an assessment of the need to review the Annex listing single-use plastic products;
(b)  it is feasible to establish binding quantitative Union targets for the consumption reduction of, in particular, single-use plastic products listed in Part A of the Annex;
(b)   a study of the feasibility of establishing binding quantitative Union targets for the consumption reduction of, in particular, single-use plastic products listed in Part A of the Annex; in this regard the report shall assess the setting of targets expressed in absolute numbers taking into account consumption levels and already achieved reductions in Member States;
(ba)  an assessment of the change in materials used in, and innovation in new delivery systems for reusable alternatives of, the products covered by this Directive; this shall include an overall environmental life-cycle analysis of these materials and the resulting alternatives;
(c)  sufficient scientific and technical progress has been made, and criteria or a standard for biodegradability in the marine environment applicable to single-use plastic products within the scope of this directive and their single-use substitutes have been developed, in order to determine which products no longer need to be subject to the restrictions on placing on the market, where appropriate.
Amendment 75
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1 a (new)
By way of derogation from the first subparagraph of this paragraph, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the reporting obligations contained in point (a) of Article 13(1) by ... [12 months after the date of entry into force of this Directive].
Amendment 76
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 2
However, the Member States shall apply the measures necessary to comply with Articles 5 and 7(1) from … [2 years after entry into force of this Directive] and with Article 6(1) from …[3 years after entry into force of this Directive].
However, the Member States shall apply the measures necessary to comply with Articles 5 and 7(1) from … [2 years after entry into force of this Directive] and with Article 6(1) from …[3 years after entry into force of this Directive], with the exception of the measures necessary to comply with the requirement referred to in Article 6(1) in relation to beverage containers for carbonated drinks, which Member States shall apply from …[5 years after entry into force of this Directive].
Amendment 77
Proposal for a directive
Article 17 – paragraph 2
2.  Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
2.  Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive. The Commission shall verify that those provisions do not place any unjustified obstacles on the functioning of the single market.
Amendments 78 and 124/rev
Proposal for a directive
Annex I – part A
Single-use plastic products covered by Article 4 on consumption reduction
Single-use plastic products covered by Article 4 on consumption reduction
–  Cups for beverages, including their covers and lids
–  Food containers, i.e. receptacles such as boxes, with or without a cover, used to contain food that is intended for immediate consumption from the receptacle either on-the-spot or take-away without any further preparation, such as food containers used for fast food, except beverage containers, plates and packets and wrappers containing food
–  Food containers, i.e. receptacles such as boxes, with or without a cover, used to contain food that is intended for immediate consumption from the receptacle either on-the-spot or take-away without any further preparation, such as food containers used for fast food, except beverage containers, plates and packets and wrappers containing food
The sale of food in a one-person portion size container, or in a container provided with cutlery, is an indication that the food in question is intended to be consumed immediately from the food container.
The concept of further preparation includes activities such as heating, adding boiling water, washing, slicing and cutting.
Examples of single-use plastic food containers covered by parts A, E and G of this Annex:
–  Fast-food containers such as meal boxes and salad boxes with food for cold consumption
–  Fast-food containers such as meal boxes and salad boxes with food for hot consumption, except where the food needs to undergo heating by the consumer after the purchase of the product
–  Burger boxes, sandwich boxes, wrap boxes
–  One-person portion sized food containers of fresh or processed food that does not need further preparation, such as fruits, vegetables, desserts or ice-creams, sold by single unit
Examples of containers that are not single-use plastic food containers covered by parts A, E and G of this Annex:
–  Food containers with dried food or food sold cold that requires further preparation
–  Containers containing food in more than one-person portion size quantities
–  One-person portion sized food containers sold in more than one unit
–  Cups for beverages
Amendment 79
Proposal for a directive
Annex I – part B – indent 2
—  Cutlery (forks, knives, spoons, chopsticks)
—  Cutlery (forks, knives, spoons, chopsticks) except, until 2023, cutlery supplied to educational establishments or health care institutions under public supply contracts1a as defined in point 8 of Article 2 of Directive 2014/24/EU that were awarded before 31 December 2018.
___________________
1a ‘public supply contracts’ means public contracts having as their object the purchase, lease, rental or hire-purchase, with or without an option to buy, of products. A public supply contract may include, as an incidental matter, siting and installation operations.
Amendment 80
Proposal for a directive
Annex I – part B – indent 3
—  Plates
—  Plates, except, until 2023, plates supplied to educational establishments or health care institutions under public supply contracts1a as defined in point 8 of Article 2 of Directive 2014/24/EU that were awarded before 31 December 2018.
___________________
1a ‘public supply contracts’ means public contracts having as their object the purchase, lease, rental or hire-purchase, with or without an option to buy, of products. A public supply contract may include, as an incidental matter, siting and installation operations.
Amendment 81
Proposal for a directive
Annex I – part B – indent 6
—  Sticks to be attached to and to support balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers, including the mechanisms of such sticks
—  Sticks to be attached to and to support balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers, excluding the mechanisms of such sticks
Amendments 83 and 117
Proposal for a directive
Annex I – part B – indent 6 a (new)
—   Products made of oxo-degradable plastic
Amendment 84
Proposal for a directive
Annex I – part B – indent 6 b (new)
—  Food and beverage containers made of expanded polystyrene, used to contain food that is intended for immediate consumption from the receptacle either on-the-spot or take-away without further preparation.
Amendment 85
Proposal for a directive
Annex I – part C – indent 1
—  Beverage containers, i.e. receptacles used to contain liquid such as beverage bottles including their caps and lids
—  Beverage containers, i.e. receptacles used to contain liquid such as beverage bottles including their caps and lids, except containers intended and used for food for special medical purposes in liquid form as defined in point (g) of Article 2 of Regulation (EU) No 609/2013
Amendment 125
Proposal for a directive
Annex I – part D – indent 3
—  Balloons, except balloons for industrial or other professional uses and applications, that are not distributed to consumers
deleted
Amendment 86
Proposal for a directive
Annex I – part D – indent 3 a (new)
–  Tobacco products with filters and filters marketed for use in combination with tobacco products
Amendment 87
Proposal for a directive
Annex I – part D – indent 3 b (new)
–  Packets and wrappers made from flexible material containing food that is intended for immediate consumption from the packet or wrapper without any further preparation
Amendment 88
Proposal for a directive
Annex I – part D – indent 3 c (new)
–  Cups for beverages
Amendment 89
Proposal for a directive
Annex I – part E – indent 4
–  Cups for beverages
–  Cups for beverages including their covers and lids
Amendment 90
Proposal for a directive
Annex I – part F – indent 1
—  Beverage bottles
—  Beverage bottles, including their caps and lids

(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0317/2018).


Establishment, operation and use of the Schengen Information System in the field of border checks ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 24 October 2018 on the proposal for a regulation of the European Parliament and of the Council on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, amending Regulation (EU) No 515/2014 and repealing Regulation (EC) No 1987/2006 (COM(2016)0882 – C8-0533/2016 – 2016/0408(COD))
P8_TA-PROV(2018)0412A8-0347/2017

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2016)0882),

–  having regard to Article 294(2) and Articles 77(2)(b) and (d) and 79(2)(c) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0533/2016),

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

–  having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 19 June 2018 to approve Parliament’s position, in accordance with Article 294(4) 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 Foreign Affairs (A8-0347/2017),

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.

Position of the European Parliament adopted at first reading on 24 October 2018 with a view to the adoption of Regulation (EU) 2018/… of the European Parliament and of the Council on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006

P8_TC1-COD(2016)0408


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the of the European Union, and in particular Articles 77(2)(b) and (d) and Article 79(2)(c) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure(1),

Whereas:

(1)  The Schengen Information System (SIS) constitutes an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union. SIS is one of the major compensatory measures contributing to maintaining a high level of security within the area of freedom, security and justice of the Union by supporting operational cooperation between national competent authorities, in particular border guards, the police, customs authorities, immigration authorities, and authorities responsible for the prevention, detection, investigation or prosecution of criminal offences or execution of criminal penalties.

(2)  SIS was initially set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 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(2) (the Convention implementing the Schengen Agreement). The development of the second generation of SIS (SIS II) was entrusted to the Commission pursuant to Council Regulation (EC) No 2424/2001(3) and Council Decision 2001/886/JHA(4). It was later established by Regulation (EC) No 1987/2006 of the European Parliament and of the Council(5) and by Council Decision 2007/533/JHA(6). SIS II replaced SIS as created pursuant to the Convention implementing the Schengen Agreement.

(3)  Three years after SIS II was brought into operation, the Commission carried out an evaluation of the system in accordance with Regulation (EC) No 1987/2006 and Decision 2007/533/JHA. On 21 December 2016, the Commission submitted the Report on the Evaluation of the Second Generation Schengen Information System (SIS II) in accordance with Articles 24(5), 43(3) and 50 (5) of Regulation (EC) No 1987/2006 and Articles 59(3) and 66(5) of Decision 2007/533/JHA and an accompanying staff working document to the European Parliament and to the Council. The recommendations set out in those documents should be reflected, as appropriate, in this Regulation.

(4)  This Regulation constitutes the legal basis for SIS in respect of matters falling within the scope of Chapter 2 of Title V of Part Three of the Treaty on Functioning of the European Union (TFEU). Regulation (EU) 2018/… of the European Parliament and of the Council(7)(8) constitutes the legal basis for SIS in respect of matters falling within the scope of Chapters 4 and 5 of Title V of Part Three TFEU.

(5)  The fact that the legal basis for SIS consists of separate instruments does not affect the principle that SIS constitutes one single information system that should operate as such. It should include a single network of national offices called SIRENE Bureaux for ensuring the exchange of supplementary information. Certain provisions of those instruments should therefore be identical.

(6)  It is necessary to specify the objectives of SIS, certain elements of its technical architecture and its financing, to lay down rules concerning its end-to-end operation and use and to define responsibilities. It is also necessary to determine the categories of data to be entered into the system, the purposes for which the data are to be entered and processed and the criteria for their entry. Rules are also required to govern the deletion of alerts, the authorities authorised to access the data, the use of biometric data and to further determine data protection and data processing rules .

(7)  Alerts in SIS contain only the information necessary to identify a person and for the action to be taken. Member States should therefore exchange supplementary information related to alerts where required.

(8)  SIS includes a central system (Central SIS) and national systems. The national systems might contain a complete or partial copy of the SIS database, which may be shared by two or more Member States. Considering that SIS is the most important information exchange instrument in Europe for ensuring security and effective border management, it is necessary to ensure its uninterrupted operation at central as well as at national level. The availability of SIS should be subject to close monitoring at central and Member State level and any incident of unavailability for end-users should be registered and reported to stakeholders at national and Union level. Each Member State should set up a backup for its national system. Member States should also ensure uninterrupted connectivity with Central SIS by having duplicated and physically and geographically separated connection points. Central SIS and the Communication Infrastructure should be operated in such a way that their functioning 24 hours a day, 7 days a week is ensured. For that reason, the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (“eu-LISA”) established by Regulation (EU) 2018/… of the European Parliament and of the Council(9)(10) should implement technical solutions to reinforce the uninterrupted availability of SIS, subject to an independent impact assessment and cost-benefit analysis.

(9)  It is necessary to maintain a manual setting out the detailed rules for the exchange of ▌supplementary information concerning the actions called for by alerts (‘the SIRENE Manual’). The SIRENE Bureaux should ensure the exchange of such information in a fast and efficient manner.

(10)  In order to ensure the efficient exchange of supplementary information, including on the action to be taken specified in alerts, it is appropriate to reinforce the functioning of the SIRENE Bureaux by specifying the requirements concerning the available resources and user training and the response time to inquiries they receive from other SIRENE Bureaux.

(11)  Member States should ensure that the staff of their SIRENE Bureau have the linguistic skills and knowledge of relevant law and procedural rules necessary to perform their tasks.

(12)  In order to be able to fully benefit from the functionalities of SIS, Member States should ensure that end-users and the staff of the SIRENE Bureaux regularly receive training, including on data security, data protection and data quality. SIRENE Bureaux should be involved in the development of training programmes. To the extent possible, SIRENE Bureaux should also provide for staff exchanges with other SIRENE Bureaux at least once a year. Member States are encouraged to take appropriate measures to avoid the loss of skills and experience through staff turnover.

(13)  The operational management of the central components of SIS are exercised by eu-LISA. In order to enable eu-LISA to dedicate the necessary financial and personal resources covering all aspects of the operational management of Central SIS and the Communication Infrastructure, this Regulation should set out its tasks in detail, in particular with regard to the technical aspects of the exchange of supplementary information.

(14)  Without prejudice to the responsibility of Member States for the accuracy of data entered into SIS and to the role of the SIRENE Bureaux as quality coordinators, eu-LISA should be responsible for reinforcing data quality by introducing a central data quality monitoring tool, and should provide reports at regular intervals to the Commission and to the Member States. The Commission should report to the European Parliament and to the Council on the data quality issues encountered. To further increase the quality of data in SIS, eu-LISA should also offer training on the use of SIS to national training bodies and, insofar as possible, to the SIRENE Bureaux and to end-users.

(15)  In order to allow better monitoring of the use of SIS and to analyse trends concerning migratory pressure and border management, eu-LISA should be able to develop a state-of-the-art capability for statistical reporting to the Member States, to the European Parliament, to the Council, to the Commission, to Europol and to the European Border and Coast Guard Agency without jeopardising data integrity. Therefore, a central repository should be established. Statistics retained in or obtained from that repository should not contain any personal data]. Member States should communicate statistics concerning exercise of the right of access, rectification of inaccurate data and erasure of unlawfully stored data in the framework of cooperation between supervisory authorities and the European Data Protection Supervisor under this Regulation.

(16)  New data categories should be introduced in SIS to allow end-users to take informed decisions based upon an alert without losing time. Therefore, alerts for refusal of entry and stay should contain information concerning the decision on which the alert is based. Furthermore, in order to facilitate identification and detect multiple identities, the alert should, where such information is available, include a reference to the personal identification document of the individual concerned or its number and a copy, if possible in colour, of the document.

(17)  Competent authorities should be able, where strictly necessary, to enter into SIS specific information relating to any specific, objective, physical characteristics of a person which are not subject to change, such as tattoos, marks or scars.

(18)  Where available, all the relevant data, in particular the forename of the individual concerned, should be inserted when creating an alert, in order to minimise the risk of false hits and unnecessary operational activities.

(19)  SIS should not store any data used to carry out searches with the exception of keeping logs to verify whether the search is lawful, for monitoring the lawfulness of data processing, for self-monitoring and for ensuring the proper functioning of the national systems as well as for data integrity and security.

(20)  SIS should permit the processing of biometric data in order to assist in the reliable identification of the individuals concerned. Any entry of photographs, facial images or dactyloscopic data into SIS and any use of such data should be limited to what is necessary for the objectives pursued, should be authorised by Union law, should respect fundamental rights, including the best interests of the child, and should be in accordance with Union law on data protection, including the relevant provisions on data protection laid down in this Regulation. In the same perspective, in order to avoid inconveniences caused by misidentification, SIS should also allow for the processing of data concerning individuals whose identity has been misused, subject to suitable safeguards ▌, to obtaining the consent of the individual concerned for each data category, in particular palm prints, and to a strict limitation of the purposes for which such personal data can be lawfully processed.

(21)  Member States should make the necessary technical arrangements so that each time end-users are entitled to carry out a search in a national police or immigration database, they also search SIS in parallel, subject to the principles set out in ▌Article 4 of Directive (EU) 2016/680 of the European Parliament and of the Council(11) and Article 5 of Regulation (EU) 2016/679 of the European Parliament and of the Council(12). This should ensure that SIS functions as the main compensatory measure in the area without internal border controls and better addresses the cross-border dimension of criminality and the mobility of criminals.

(22)  This Regulation should set out the conditions for use of dactyloscopic data, photographs and facial images for identification and verification purposes. Facial images and photographs should, for identification purposes, initially be used only in the context of regular border crossing points. Such use should be subject to a report by the Commission confirming the availability, reliability and readiness of the technology.

(23)  It should be allowed to search dactyloscopic data stored in SIS with complete or incomplete sets of fingerprints or palm prints found at a crime scene if it can be established to a high degree of probability that they belong to the perpetrator of the serious crime or terrorist offence, provided that a search is carried out simultaneously in the relevant national fingerprint databases. Particular attention should be given to the establishment of quality standards applicable to the storage of biometric data.

(24)  Wherever the identity of a person cannot be ascertained by any other means, dactyloscopic data should be used to attempt identification. It should be allowed in all cases to identify a person by using dactyloscopic data.

(25)  It should be possible for Member States to establish links between alerts in SIS. The establishment of links between two or more alerts should have no impact on the action to be taken, the review period for alerts or the access rights to the alerts.

(26)  A greater level of effectiveness, harmonisation and consistency can be achieved by making it mandatory to enter into SIS all entry bans issued by the national competent authorities in accordance with procedures respecting Directive 2008/115/EC of the European Parliament and of the Council(13) and by setting common rules for entering alerts for refusal of entry and stay upon the return of an illegally staying third-country national. Member States should take all necessary measures to ensure that no time-gap exists between the moment in which the third-country national concerned leaves the Schengen area and the activation of the alert in SIS. This should ensure the ▌enforcement of entry bans at external border crossing points, effectively preventing re-entry into the Schengen area.

(27)  Persons in respect of whom a decision for refusal of entry and stay is taken should have the right to appeal against that decision. The right of appeal should comply with Directive 2008/115/EC where the decision is related to return.

(28)  This Regulation should set mandatory rules for the consultation and notification of national authorities where a third-country national holds or might obtain a valid residence permit or long-stay visa granted in one Member State, and another Member State intends to or has already entered an alert for refusal of entry and stay on that third-country national. Such situations create serious uncertainties for border guards, police and immigration authorities. Therefore, it is appropriate to provide for a mandatory timeframe for rapid consultation with a definite result in order to ensure that third-country nationals who are entitled to reside lawfully in the territory of the Member States are entitled to enter that territory without difficulty and that those who are not entitled to enter are prevented from doing so.

(29)  When deleting an alert in SIS following a consultation between Member States, the issuing Member State should be able to keep the third-country national concerned on its national list of alerts.

(30)  This Regulation should be without prejudice to the application of Directive 2004/38/EC of the European Parliament and of the Council (14).

(31)  Alerts should not be kept in SIS longer than the time required to fulfil the specific purposes for which they were entered. Within three years of entry of an alert into SIS, the issuing Member State should review the need to retain it. However, if the national decision on which the alert is based provides for a longer period of validity than three years, the alert should be reviewed within five years. Decisions to retain alerts on persons should be based on a comprehensive individual assessment. Member States should review alerts on persons within the prescribed review period and should keep statistics on the number of alerts on persons for which the retention period has been extended.

(32)  Entering an alert into SIS and extending the expiry date of an alert in SIS should be subject to a proportionality requirement involving examination of whether a concrete case is adequate, relevant and important enough to warrant insertion of an alert in SIS. Where terrorist offences are concerned, the case should be considered adequate, relevant and important enough to warrant an alert in SIS. For public or national security reasons, Member States should be allowed exceptionally to refrain from entering an alert into SIS when it is likely that this would obstruct official or legal inquiries, investigations or procedures.

(33)  The integrity of SIS data is of primary importance. Therefore, appropriate safeguards should be provided to process SIS data at central as well as at national level to ensure the end-to-end security of the data. The authorities involved in the data processing should be bound by the security requirements of this Regulation and be subject to a uniform incident reporting procedure. Their staff should be appropriately trained and be informed of any offences and penalties in this respect.

(34)  Data processed in SIS and the related supplementary information exchanged pursuant to this Regulation should not be transferred or made available to third countries or to international organisations.

(35)  To enhance the efficiency of immigration authorities’ work when deciding on the right of third-country nationals to enter and stay in the territories of the Member States and on the return of illegally staying third-country nationals, it is appropriate to grant those authorities access to SIS under this Regulation.

(36)  Without prejudice to more specific rules laid down in this Regulation for the processing of personal data, Regulation (EU) 2016/679 should apply to the processing of personal data by the Member States under this Regulation unless such processing is carried out by the national competent authorities for the purposes of prevention, investigation, detection or prosecution of terrorist offences or of other serious criminal offences.

(37)  Without prejudice to more specific rules laid down in this Regulation, the national laws, regulations and administrative provisions adopted pursuant to Directive (EU) 2016/680 should apply to the processing of personal data under this Regulation by the national competent authorities for the purposes of the prevention, detection, investigation or prosecution of terrorist offences or other serious criminal offences or the execution of criminal penalties. Access to data entered into SIS and the right to search such data by national competent authorities which are responsible for the prevention, detection, investigation or prosecution of terrorist offences or other serious criminal offences or the execution of criminal penalties are to be subject to all relevant provisions of this Regulation and those of Directive (EU) 2016/680 as transposed into national law, and in particular to monitoring by the supervisory authorities referred to in Directive (EU) 2016/680.

(38)  Regulation (EU) 2018/… of the European Parliament and of the Council(15)(16) should apply to the processing of personal data by the Union institutions and bodies ▌when carrying out their responsibilities under this Regulation. ▌

(39)  Regulation (EU) 2016/794 of the European Parliament and of the Council(17) should apply to the processing of personal data by Europol under this Regulation ▌.

(40)  When using SIS, the competent authorities should ensure that the dignity and integrity of the person whose data are processed are respected. Processing of personal data for the purposes of this Regulation is not to result in discrimination against persons on any grounds, such as sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

(41)  Insofar as confidentiality is concerned, the relevant provisions of the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the Union laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68(18) ("Staff Regulations") should apply to officials or other servants employed and working in connection with SIS.

(42)  Both the Member States and eu-LISA should maintain security plans in order to facilitate the implementation of security obligations and should cooperate with each other in order to address security issues from a common perspective.

(43)  The national independent supervisory authorities referred to in Regulation (EU) 2016/679 and Directive (EU) 2016/680 (“supervisory authorities”) should monitor the lawfulness of the processing of personal data by the Member States under this Regulation, including the exchange of supplementary information. The supervisory authorities should be granted sufficient resources to carry out this task. The rights of data subjects to access, rectify and erase their personal data that is stored in SIS, and any subsequent remedies before national courts as well as the mutual recognition of judgments should be provided for. It is also appropriate to require annual statistics from Member States.

(44)  The supervisory authorities should ensure that an audit of the data processing operations in their Member State’s national systems is carried out in accordance with international auditing standards at least every four years. The audit should either be carried out by the supervisory authorities, or the supervisory authorities should directly order the audit from an independent data protection auditor. The independent auditor should remain under the control and responsibility of the supervisory authorities concerned, which therefore should instruct the auditor themselves and provide a clearly defined purpose, scope and methodology for the audit as well as guidance and supervision concerning the audit and its final results.

(45)  The European Data Protection Supervisor should monitor the activities of the Union institutions and bodies in relation to the processing of personal data under this Regulation. The European Data Protection Supervisor and the supervisory authorities should cooperate with each other in monitoring SIS.

(46)  The European Data Protection Supervisor should be granted sufficient resources to fulfil the tasks entrusted to it under this Regulation, including assistance from persons with expertise in biometric data.

(47)  Regulation (EU) 2016/794 provides that Europol is to support and strengthen actions carried out by the national competent authorities and their cooperation in combating terrorism and serious crime and to provide analysis and threat assessments. In order to facilitate Europol in carrying out its tasks, in particular within the European Migrant Smuggling Centre, it is appropriate to allow Europol access to categories of alerts as provided for in this Regulation. ▌

(48)  In order to bridge the gap in information sharing on terrorism, in particular on foreign terrorist fighters – where monitoring of their movement is crucial – Member States are encouraged to share information on terrorism-related activity with Europol. This information sharing should be carried out through the exchange of supplementary information with Europol on the alerts concerned. For this purpose Europol should set up a connection with the Communication Infrastructure.

(49)  It is also necessary to set out clear rules for Europol on the processing and downloading of SIS data to allow it to use SIS comprehensively, provided that data protection standards are complied with as provided for in this Regulation and Regulation (EU) 2016/794. In cases where searches carried out by Europol in SIS reveal the existence of an alert entered by a Member State, Europol cannot take the required action. Therefore it should inform the Member State concerned through the exchange of supplementary information with the respective SIRENE Bureau, to allow that Member State to follow up the case.

(50)  Regulation (EU) 2016/1624 of the European Parliament and of the Council(19) provides, for the purpose of that Regulation, that the host Member State is to authorise the members of the teams referred to in point (8) of Article 2 of that Regulation deployed by the European Border and Coast Guard Agency to consult Union databases where this consultation is necessary for fulfilling operational aims specified in the operational plan on border checks, border surveillance and return. Other relevant Union agencies, in particular the European Asylum Support Office and Europol, may also deploy experts who are not members of the staff of those Union agencies as part of migration management support teams. The objective of the deployment of the teams referred to in points (8) and (9) of Article 2 of that Regulation is to provide technical and operational reinforcement to the requesting Member States, especially to those facing disproportionate migratory challenges. For the teams referred to in points (8) and (9) of Article 2 of that Regulation to fulfil their tasks, they require access to SIS through a technical interface of the European Border and Coast Guard Agency connecting to Central SIS. In cases where searches in SIS carried out by the teams referred to in points (8) and (9) of Article 2 of Regulation (EU) 2016/1624 or by the teams of staff reveal the existence of an alert entered by a Member State, the member of the team or the staff cannot take the required action unless authorised to do so by the host Member State. Therefore, the host Member State should be informed to allow it to follow up the case. The host Member State should notify the issuing Member State of the hit through the exchange of supplementary information.

(51)  Certain aspects of SIS cannot be covered exhaustively by this Regulation given their technical, highly detailed and frequently changing nature. Those aspects include, for example, technical rules on entering data, on updating, deleting and searching data and on data quality and ▌rules related to biometric data, rules on the compatibility and order of priority of alerts, on ▌links between alerts ▌and on the exchange of supplementary information. Implementing powers in respect of those aspects should therefore be conferred on the Commission. Technical rules on searching alerts should take into account the smooth operation of national applications.

(52)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(20). The procedure for adopting implementing acts under this Regulation and Regulation (EU) 2018/…(21) should be the same.

(53)  In order to ensure transparency, two years after the start of operations of SIS pursuant to this Regulation, eu-LISA should produce a report on the technical functioning of Central SIS and the Communication Infrastructure, including their security, and on the bilateral and multilateral exchange of supplementary information ▌. An overall evaluation should be issued by the Commission every four years.

(54)  In order to ensure the smooth functioning of SIS, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the determination of the circumstances in which photographs and facial images may be used for the identification of persons other than in the context of regular border crossing points. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making(22). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(55)  Since the objectives of this Regulation, namely the establishment and regulation of a Union information system and the exchange of related supplementary information, cannot be sufficiently achieved by the Member States, but can rather, by reason of their nature be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(56)  This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation fully respects the protection of personal data in accordance with Article 8 of the Charter of Fundamental Rights of the European Union while seeking to ensure a safe environment for all persons residing on the territory of the Union and ▌protection of irregular migrants from exploitation and trafficking in human beings ▌. In cases concerning children, the best interests of the child should be a primary consideration.

(57)  The estimated costs of the upgrade of the national systems and of the implementation of the new functionalities envisaged in this Regulation, are lower than the remaining amount in the budget line for Smart Borders in Regulation (EU) No 515/2014 of the European Parliament and of the Council(23). Therefore, funding attributed for developing IT systems supporting the management of migration flows across the external borders in accordance with Regulation (EU) No 515/2014 should be allocated to the Member States and eu-LISA. The financial costs of upgrading SIS and the implementation of this Regulation should be monitored. If the estimated costs are higher, Union funding should be made available to support Member States in conformity with the applicable Multiannual Financial Framework.

(58)  In accordance with Articles 1 and 2 of Protocol No 22 on the Position of Denmark annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law.

(59)  This Regulation constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC(24); the United Kingdom is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(60)  This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC(25); Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(61)  As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis(26) which fall within the area referred to in Article 1, point (G) of Council Decision 1999/437/EC(27).

(62)  As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis(28), which fall within the area referred to in Article 1, point (G), of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC(29).

(63)  As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis(30) which fall within the area referred to in Article 1, point (G), of Decision 1999/437/EC read in conjunction with ▌Article 3 of Council Decision 2011/350/EU(31).

(64)  As regards Bulgaria and Romania, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 4(2) of the 2005 Act of Accession and should be read in conjunction with Council Decisions 2010/365/EU(32) and (EU) 2018/934(33).

(65)  As regards Croatia, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 4(2) of the 2011 Act of Accession and should be read in conjunction with Council Decision (EU) 2017/733(34).

(66)  Concerning Cyprus ▌this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 3(2) of the 2003 Act of Accession.

(67)  This Regulations introduces a series of improvements to SIS which will increase its effectiveness, strengthen data protection and extend access rights. Certain of those improvements do not require complex technical developments, while others do require technical changes of varying magnitude. In order to enable improvements to the system to become available to end-users as soon as possible, this Regulation introduces amendments to Regulation (EC) No 1987/2006 in several phases. A number of improvements to the system should apply immediately upon entry into force of this Regulation, whereas others should apply either one or two years after its entry into force. This Regulation should apply in its entirety within three years after its entry into force. In order to avoid delays in its application the phased implementation of this Regulation should be closely monitored.

(68)  Regulation (EC) No 1987/2006 should be repealed with effect from the date of full application of this Regulation.

(69)  The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council(35) and delivered an opinion on 3 May 2017,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

General purpose of SIS

The purpose of SIS shall be to ensure a high level of security within the area of freedom, security and justice of the Union, including the maintenance of public security and public policy and the safeguarding of security in the territories of the Member States, and to ensure the application of the provisions of Chapter 2 of Title V of Part Three TFEU relating to the movement of persons on their territories, using information communicated through this system.

Article 2

Subject matter

1.  This Regulation establishes the conditions and procedures for the entry and processing of alerts in SIS on third-country nationals and for the exchange of supplementary information and additional data for the purpose of refusing entry into and stay on the territory of the Member States.

2.  This Regulation also lays down provisions on the technical architecture of SIS, on the responsibilities of the Member States and of the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), on data processing, on the rights of the persons concerned and on liability.

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

(1)  ‘alert’ means a set of data ▌entered into SIS allowing the competent authorities to identify a person with a view to taking specific action;

(2)  ‘supplementary information’ means information not forming part of the alert data stored in SIS, but connected to alerts in SIS, which is to be exchanged through the SIRENE Bureaux:

(a)  in order to allow Member States to consult or inform each other when entering an alert;

(b)  following a hit in order to allow the appropriate action to be taken;

(c)  when the required action cannot be taken;

(d)  when dealing with the quality of SIS data;

(e)  when dealing with the compatibility and priority of alerts;

(f)  when dealing with rights of access;

(3)  ‘additional data’ means the data stored in SIS and connected with alerts in SIS which are to be immediately available to the competent authorities where a person in respect of whom data has been entered in SIS is located as a result of conducting a search in SIS;

(4)  ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) TFEU, with the exception of persons who are beneficiaries of rights of free movement equivalent to those of citizens of the Union under agreements between the Union, or the Union and its Member States on the one hand, and third countries on the other hand;

(5)  ‘personal data’ means personal data as defined in point 1 of Article 4 of Regulation (EU) 2016/679;

(6)  ‘processing of personal data’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, logging, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

(7)  a ‘match’ ▌means the occurrence of the following steps:

(a)  a search has been conducted in SIS by an end-user ▌;

(b)  that search has revealed an alert ▌entered into SIS by another Member State; and

(c)  data concerning the alert in SIS match the search data ▌;

(8)  a ‘hit’ means any match which fulfils the following criteria:

(a)  it has been confirmed by:

(i)  the end-user; or

(ii)  the competent authority in accordance with national procedures, where the match concerned was based on the comparison of biometric data;

and

(b)  further actions are requested;

(9)  ‘issuing Member State’ means the Member State which entered the alert into SIS;

(10)  'granting Member State' means the Member State which is considering granting or extending or which has granted or extended a residence permit or long-stay visa and which is involved in the consultation procedure with another Member State;

(11)  ‘executing Member State’ means the Member State which takes or has taken the required actions following a hit;

(12)  ‘end-user’ means a member of staff of a competent authority authorised to search directly CS-SIS, N.SIS or a technical copy thereof;

(13)  'biometric data' means personal data resulting from specific technical processing relating to the physical or physiological characteristics of a natural person, which allow or confirm the unique identification of that natural person, namely photographs, facial images and dactyloscopic data;

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

(15)  'facial image' means digital images of the face with sufficient image resolution and quality to be used in automated biometric matching;

(16)  ‘return’ means return as defined in point 3 of Article 3 of Directive 2008/115/EC;

(17)  ‘entry ban’ means an entry ban as defined in point 6 of Article 3 of Directive 2008/115/EC;

(18)  ‘terrorist offences’ means offences under national law referred to in Articles 3 to 14 of Directive (EU) 2017/541 of the European Parliament and of the Council(36), or equivalent to one of those offences for the Member States which are not bound by that Directive;

(19)  ‘residence permit’ means a residence permit as defined in point (16) of Article 2 of Regulation (EU) 2016/399 of the European Parliament and of the Council(37);

(20)  'long-stay visa' means a long-stay visa as referred to in Article 18(1) of Convention implementing the Schengen Agreement;

(21)  'threat to public health' means a threat to public health as defined in point (21) of Article 2 of Regulation (EU) 2016/399.

Article 4

Technical architecture and ways of operating SIS

1.  SIS shall be composed of:

(a)  a central system (Central SIS) composed of:

(i)  a technical support function (‘CS-SIS’) containing a database, (the ‘SIS database’), and including a backup CS-SIS,

(ii)  a uniform national interface (’NI-SIS’);

(b)  a national system (N.SIS) in each of the Member States, consisting of the national data systems which communicate with Central SIS, including at least one national or shared backup N.SIS; and

(c)  a communication infrastructure between CS-SIS, backup CS-SIS and NI-SIS (“the Communication Infrastructure”) that provides an encrypted virtual network dedicated to SIS data and the exchange of data between SIRENE Bureaux, as referred to in Article 7(2).

An N.SIS as referred to in point (b) may contain a data file (a ‘national copy’) containing a complete or partial copy of the SIS database. Two or more Member States may establish in one of their N.SIS a shared copy which may be used jointly by those Member States. Such shared copy shall be considered as the national copy of each of those Member States.

A shared backup N.SIS as referred to in point (b) may be used jointly by two or more Member States. In such cases, the shared backup N.SIS shall be considered as the backup N.SIS of each of those Member States. The N.SIS and its backup may be used simultaneously to ensure uninterrupted availability to end-users.

Member States intending to establish a shared copy or shared backup N.SIS to be used jointly shall agree their respective responsibilities in writing. They shall notify their arrangement to the Commission.

The Communication Infrastructure shall support and contribute to ensuring the uninterrupted availability of SIS. It shall include redundant and separated paths for the connections between CS-SIS and the backup CS-SIS and shall also include redundant and separated paths for the connections between each SIS national network access point and CS-SIS and backup CS-SIS.

2.  Member States shall enter, update, delete and search SIS data through their own N.SIS. The Member States using a partial or a complete national copy or a partial or complete shared copy shall make that copy available for the purpose of carrying out automated searches in the territory of each of those Member States. The partial national or shared copy shall contain at least the data listed in points (a) to (v) of Article 20(2). It shall not be possible to search the data files of other Member States' N.SIS, except in the case of shared copies.

3.  CS-SIS shall perform technical supervision and administration functions and have a backup CS-SIS, capable of ensuring all functionalities of the principal CS-SIS in the event of failure of that system. CS-SIS and the backup CS-SIS shall be located in the two technical sites of eu-LISA.

4.  eu-LISA shall implement technical solutions to reinforce the uninterrupted availability of SIS either through the simultaneous operation of CS-SIS and the backup CS-SIS, provided that the backup CS-SIS remains capable of ensuring the operation of SIS in the event of a failure of CS-SIS, or through duplication of the system or its components. Notwithstanding the procedural requirements laid down in Article 10 of Regulation (EU) 2018/…(38) eu-LISA shall, no later than ... [one year after the entry into force of this Regulation], prepare a study on the options for technical solutions, containing an independent impact assessment and cost-benefit analysis.

5.  Where necessary in exceptional circumstances, eu-LISA may temporarily develop an additional copy of the SIS database.

6.  CS-SIS shall provide the services necessary for the entry and processing of SIS data, including searches in the SIS database. For the Member States which use a national or shared copy, CS-SIS shall:

(a)  provide online updates for the national copies;

(b)  ensure synchronisation of and consistency between the national copies and the SIS database; and

(c)  provide the operation for initialisation and restoration of the national copies ▌.

7.  CS-SIS shall provide uninterrupted availability.

Article 5

Costs

1.  The costs of operating, maintaining and further developing Central SIS and the Communication Infrastructure shall be borne by the general budget of the Union. ▌Those costs shall include work done with respect to CS-SIS, in order to ensure the provision of the services referred to in Article 4(6).

2.  Funding is allocated from the envelope of EUR 791 million foreseen under point (b) Article 5(5) of Regulation (EU) No 515/2014 to cover the costs of implementation of this Regulation.

3.   From the envelope referred to in paragraph 2, and without prejudice to further funding for this purpose from other sources of the general budget of the Union, an amount of EUR 31 098 000 is allocated to eu-LISA. Such funding shall be implemented under indirect management and shall contribute to carrying out the technical developments required under this Regulation concerning Central SIS and the Communication Infrastructure, as well as related training activities.

4.  From the envelope referred to in paragraph 2, the Member States participating in Regulation (EU) No 515/2014 shall receive an additional global allocation of EUR 36 810 000 to be distributed in equal shares through a lump sum to their basic allocation. Such funding shall be implemented under shared management and shall be entirely devoted to the quick and effective upgrade of the national systems concerned in line with the requirements of this Regulation.

5.   The costs of setting up, operating, maintaining and further developing each N.SIS shall be borne by the Member State concerned.

CHAPTER II

RESPONSIBILITIES OF THE MEMBER STATES

Article 6

National systems

Each Member State shall be responsible for setting up, operating, maintaining and further developing its N.SIS and connecting it to NI-SIS.

Each Member State shall be responsible for ensuring the ▌uninterrupted availability of SIS data to ▌end-users.

Each Member State shall transmit its alerts through its N.SIS.

Article 7

N.SIS Office and SIRENE Bureau

1.  Each Member State shall designate an authority (the N.SIS Office), which shall have central responsibility for its N.SIS.

That authority shall be responsible for the smooth operation and security of the N.SIS, shall ensure the access of the competent authorities to SIS and shall take the necessary measures to ensure compliance with this Regulation. It shall be responsible for ensuring that all functionalities of SIS are made available to the end-users appropriately.

2.  Each Member State shall designate a national authority which shall be operational 24 hours a day, 7 days a week and which shall ensure the exchange and availability of all supplementary information (the SIRENE Bureau) in accordance with the SIRENE Manual. Each SIRENE Bureau shall serve as a single contact point for its Member State to exchange supplementary information regarding alerts and to facilitate the requested actions to be taken when alerts on persons have been entered in SIS and those persons are located following a hit.

Each SIRENE Bureau shall, in accordance with national law, have easy direct or indirect access to all relevant national information, including national databases and all information on its Member States’ alerts, and to expert advice, in order to be able to react to requests for supplementary information swiftly and within the deadlines provided for in Article 8.

The SIRENE Bureaux shall coordinate the verification of the quality of the information entered in SIS. For those purposes they shall have access to data processed in SIS.

3.  The Member States shall provide eu-LISA with details of their N.SIS ▌Office and of their SIRENE Bureau. eu-LISA shall publish the list of the N.SIS Offices and the SIRENE Bureaux together with the list referred to in Article 41(8).

Article 8

Exchange of supplementary information

1.  Supplementary information shall be exchanged in accordance with the provisions of the SIRENE Manual and using the Communication Infrastructure. Member States shall provide the necessary technical and human resources to ensure the continuous availability and timely and effective exchange of supplementary information. In the event that the ▌Communication Infrastructure is unavailable, Member States shall use other adequately secured technical means to exchange supplementary information. A list of adequately secured technical means shall be laid down in the SIRENE Manual.

2.  Supplementary information shall be used only for the purpose for which it was transmitted in accordance with Article 49 unless prior consent for another use is obtained from the issuing Member State.

3.  The SIRENE Bureaux shall carry out their tasks in a quick and efficient manner, in particular by replying to a request for supplementary information as soon as possible but not later than 12 hours after the receipt of the request.

Requests for ▌supplementary information with the highest priority shall be marked ‘URGENT’ in the SIRENE forms, and the reason for the urgency shall be specified.

4.  The Commission shall adopt implementing acts to lay down detailed rules for the tasks of the SIRENE Bureaux pursuant to this Regulation and the exchange of supplementary information in the form of a manual entitled the ‘SIRENE Manual’. Those implementing acts shall be adopted ▌in accordance with the examination procedure referred to in Article 62(2) ▌.

Article 9

Technical and functional compliance

1.  When setting up its N.SIS, each Member State shall comply with common standards, protocols and technical procedures established to ensure the compatibility of its N.SIS with Central SIS for the prompt and effective transmission of data. ▌

2.  If a Member State uses a national copy, it shall ensure, by means of the services provided by CS-SIS and by means of automatic updates referred to in Article 4(6) that the data stored in the national copy are identical to and consistent with the SIS database and that a search in its national copy produces a result equivalent to that of a search in the SIS database.

3.  End-users shall receive the data required to perform their tasks, in particular, and where necessary all the available data allowing for the identification of the data subject and ▌for the requested action to be taken.

4.  Member States and eu-LISA shall undertake regular tests to verify the technical compliance of the national copies referred to in paragraph 2. The results of those tests shall be taken into consideration as part of the mechanism established by Council Regulation (EU) No 1053/2013(39).

5.  The Commission shall adopt implementing acts to lay down and develop common standards, protocols and technical procedures referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 62(2).

Article 10

Security – Member States

1.  Each Member State shall, in relation to its N.SIS, adopt the necessary measures, including a security plan, a business continuity plan and a disaster recovery plan ▌in order to:

(a)  physically protect data, including by making contingency plans for the protection of critical infrastructure;

(b)  deny unauthorised persons access to data-processing facilities used for processing personal data (facilities access control);

(c)  prevent the unauthorised reading, copying, modification or removal of data media (data media control);

(d)  prevent the unauthorised input of data and the unauthorised inspection, modification or deletion of stored personal data (storage control);

(e)  prevent the use of automated data-processing systems by unauthorised persons using data communication equipment (user control);

(f)  prevent the unauthorised processing of data in SIS and any unauthorised modification or erasure of data processed in SIS (control of data entry);

(g)  ensure that persons authorised to use an automated data-processing system have access only to the data covered by their access authorisation, by means of individual and unique user identifiers and confidential access modes only (data access control);

(h)  ensure that all authorities with a right of access to SIS or to the data processing facilities create profiles describing the functions and responsibilities of persons who are authorised to access, enter, update, delete and search the data and make those profiles available to the supervisory authorities referred to in Article 55(1) without delay upon their request (personnel profiles);

(i)  ensure that it is possible to verify and establish to which bodies personal data may be transmitted using data communication equipment (communication control);

(j)  ensure that it is subsequently possible to verify and establish which personal data have been input into automated data-processing systems, when, by whom and for what purpose (input control);

(k)  prevent the unauthorised reading, copying, modification or deletion of personal data during the transmission of personal data or during the transport of data media, in particular by means of appropriate encryption techniques (transport control);

(l)  monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation (self-auditing);

(m)  ensure that, in the event of interruption, installed systems can be restored to normal operation (recovery); and

(n)  ensure that SIS performs its functions correctly, that faults are reported (reliability) and that personal data stored in SIS cannot be corrupted by means of the system malfunctioning (integrity).

2.  Member States shall take measures equivalent to those referred to in paragraph 1 as regards security in respect of the processing and exchange of supplementary information, including by securing the premises of the SIRENE Bureaux.

3.  Member States shall take measures equivalent to those referred to in paragraph 1 of this Article as regards security in respect of the processing of SIS data by the authorities referred to in Article 34.

4.  The measures described in paragraphs 1, 2 and 3 may be part of a generic security approach and plan at national level encompassing multiple IT systems. In such cases, the requirements set out in this Article and their applicability to SIS shall be clearly identifiable in and ensured by that plan.

Article 11

Confidentiality – Member States

1.  Each Member State shall apply its rules of professional secrecy or other equivalent duties of confidentiality to all persons and bodies required to work with SIS data and supplementary information, in accordance with its national law. That obligation shall also apply after those persons leave office or employment or after the termination of the activities of those bodies.

2.  Where a Member State cooperates with external contractors in any SIS-related tasks, it shall closely monitor the activities of the contractor to ensure compliance with all provisions of this Regulation, in particular on security, confidentiality and data protection.

3.  The operational management of N.SIS or of any technical copies shall not be entrusted to private companies or private organisations.

Article 12

Keeping of logs at national level

1.  Member States shall ensure that every access to and all exchanges of personal data within CS-SIS are logged in their N.SIS for the purposes of checking whether the search was lawful, monitoring the lawfulness of data processing, self-monitoring, ensuring the proper functioning of N.SIS, as well as for data integrity and security. This requirement does not apply to the automatic processes referred to in points (a), (b) and (c) of Article 4(6).

2.  The logs shall show, in particular, the history of the alert, the date and time of the data processing activity, the ▌data used to perform a search, a reference to the ▌data processed and the individual and unique user identifiers of both the competent authority and the person ▌processing the data.

3.  By way of derogation from paragraph 2 of this Article, if the search is carried out with dactyloscopic data or a facial image in accordance with Article 33, the logs shall show ▌the type of data used to perform the search instead of the actual data.

4.  The logs shall only be used for the purpose referred to in paragraph 1 and shall be deleted ▌three years ▌after their creation. The logs which include the history of alerts shall be deleted three years after deletion of the alerts.

5.  Logs may be kept for longer than the periods referred to in paragraph 4 if they are required for monitoring procedures that are already underway.

6.  The national competent authorities in charge of checking whether searches are lawful, monitoring the lawfulness of data processing, self-monitoring and ensuring the proper functioning of N.SIS and data integrity and security, shall have access, within the limits of their competence and at their request, to the logs for the purpose of fulfilling their duties.

Article 13

Self-monitoring

Member States shall ensure that each authority entitled to access SIS data takes the measures necessary to comply with this Regulation and cooperates, where necessary, with the supervisory authority.

Article 14

Staff training

1.  Before being authorised to process data stored in SIS and periodically after access to SIS data has been granted, the staff of the authorities having a right to access SIS shall receive appropriate training on data ▌security on fundamental rights including data ▌protection, and on the rules and procedures for data processing set out in the SIRENE Manual. The staff shall be informed of any relevant provisions on criminal offences and penalties, including those provided for in Article 59.

2.  Member States shall have a national SIS training programme which shall include training for end-users as well as the staff of the SIRENE Bureaux.

That training programme may be part of a general training programme at national level encompassing training in other relevant areas.

3.  Common training courses shall be organised at Union level at least once a year to enhance cooperation between SIRENE Bureaux.

CHAPTER III

RESPONSIBILITIES OF eu-LISA

Article 15

Operational management

1.  eu-LISA shall be responsible for the operational management of Central SIS. eu-LISA shall ▌, in cooperation with the Member States, ensure that at all times the best available technology is used for Central SIS, subject to a cost-benefit analysis.

2.  eu-LISA shall also be responsible for the following tasks relating to the Communication Infrastructure:

(a)  supervision;

(b)  security;

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

(d)  tasks relating to implementation of the budget;

(e)  acquisition and renewal; and

(f)  contractual matters.

3.  eu-LISA shall also be responsible for the following tasks relating to the SIRENE Bureaux and communication between the SIRENE Bureaux:

(a)  the coordination ▌, management and support of testing activities;

(b)  the maintenance and updating of technical specifications for the exchange of supplementary information between SIRENE Bureaux and the Communication Infrastructure; and

(c)  managing the impact of technical changes where it affects both SIS and the exchange of supplementary information between SIRENE Bureaux.

4.  eu-LISA shall develop and maintain a mechanism and procedures for carrying out quality checks on the data in CS-SIS. It shall provide regular reports to the Member States in this regard.

eu-LISA shall provide a regular report to the Commission covering the issues encountered and the Member States concerned. ▌

The Commission shall provide the European Parliament and the Council with a regular report on data quality issues that are encountered.

5.  eu-LISA shall also perform tasks related to providing training on the technical use of SIS and on measures for improving the quality of SIS data.

6.  The operational management of Central SIS shall consist of all the tasks necessary to keep Central SIS functioning 24 hours a day, 7 days a week in accordance with this Regulation, in particular the maintenance work and technical developments necessary for the smooth running of the system. Those tasks shall also include the coordination, management and support of testing activities for Central SIS and the N.SIS that ensure that Central SIS and the N.SIS operate in accordance with the requirements for technical and functional compliance set out in ▌Article 9.

7.  The Commission shall adopt implementing acts to set out the technical requirements for the Communication Infrastructure. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 62(2).

Article 16

Security – eu-LISA

1.  eu-LISA shall adopt the necessary measures, including ▌a security plan, a business continuity plan and a disaster recovery plan for Central SIS and the Communication Infrastructure in order to:

(a)  physically protect data, including by making contingency plans for the protection of critical infrastructure;

(b)  deny unauthorised persons access to data-processing facilities used for processing personal data (facilities access control);

(c)  prevent the unauthorised reading, copying, modification or removal of data media (data media control);

(d)  prevent the unauthorised input of data and the unauthorised inspection, modification or deletion of stored personal data (storage control);

(e)  prevent the use of automated data-processing systems by unauthorised persons using data communication equipment (user control);

(f)  prevent the unauthorised processing of data in SIS and any unauthorised modification or erasure of data processed in SIS (control of data entry);

(g)  ensure that persons authorised to use an automated data-processing system have access only to the data covered by their access authorisation by means of individual and unique user identifiers and confidential access modes only (data access control);

(h)  create profiles describing the functions and responsibilities of persons who are authorised to access the data or the data processing facilities and make those profiles available to the European Data Protection Supervisor without delay upon its request (personnel profiles);

(i)  ensure that it is possible to verify and establish to which bodies personal data may be transmitted using data communication equipment (communication control);

(j)  ensure that it is subsequently possible to verify and establish which personal data have been input into automated data-processing systems, when and by whom (input control);

(k)  prevent the unauthorised reading, copying, modification or deletion of personal data during the transmission of personal data or during the transport of data media, in particular by means of appropriate encryption techniques (transport control);

(l)  monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation (self-auditing).

(m)  ensure that, in the event of interrupted operations, installed systems can be restored to normal operation (recovery);

(n)  ensure that SIS performs its functions correctly, that faults are reported (reliability) and that personal data stored in SIS cannot be corrupted by means of the system malfunctioning (integrity); and

(o)  ensure the security of its technical sites.

2.  eu-LISA shall take measures equivalent to those referred to in paragraph 1 as regards security in respect of the processing and exchange of supplementary information through the Communication Infrastructure.

Article 17

Confidentiality – eu-LISA

1.  Without prejudice to Article 17 of the Staff Regulations eu-LISA shall apply appropriate rules of professional secrecy or other equivalent duties of confidentiality of a comparable standard to those laid down in Article 11 of this Regulation to all its staff required to work with SIS data. That obligation shall also apply after those persons leave office or employment or after the termination of their activities.

2.  eu-LISA shall take measures equivalent to those referred to in paragraph 1 as regards confidentiality in respect of the exchange of supplementary information through the Communication Infrastructure.

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

4.  The operational management of CS-SIS shall not be entrusted to private companies or private organisations.

Article 18

Keeping of logs at central level

1.  eu-LISA shall ensure that every access to and all exchanges of personal data within CS-SIS are logged for the purposes stated in Article 12(1).

2.  The logs shall show, in particular, the history of the alert, the date and time of the data processing activity, the ▌data used to perform a search, a reference to the ▌data processed and the individual and unique user identifiers of the competent authority ▌processing the data.

3.  By way of derogation from paragraph 2 of this Article, if the search is carried out with dactyloscopic data or facial images in accordance with Article 33, ▌the logs shall show ▌the type of data used to perform the search instead of the actual data.

4.  The logs shall only be used for the purposes referred to in paragraph 1 and shall be deleted ▌three years after their creation. The logs which include the history of alerts shall be deleted three years after deletion of the alerts.

5.  Logs may be kept longer than the periods referred to in paragraph 4 if they are required for monitoring procedures that are already underway.

6.  For the purposes of self-monitoring and ensuring the proper functioning of CS-SIS, data integrity and security, eu-LISA shall have access to the logs within the limits of its competence.

The European Data Protection Supervisor shall have access to those logs on request, within the limits of its competence and for the purpose of fulfilling its tasks.

CHAPTER IV

INFORMATION TO THE PUBLIC

Article 19

SIS information campaigns

At the start of the application of this Regulation, the Commission, in cooperation with the supervisory authorities and the European Data Protection Supervisor, shall ▌carry out a campaign informing the public about the objectives of SIS, the data stored in SIS, the authorities having access to SIS and the rights of data subjects. The Commission shall repeat such campaigns regularly, in cooperation with the supervisory authorities and the European Data Protection Supervisor. The Commission shall maintain a website available to the public providing all relevant information concerning SIS. Member States shall, in cooperation with their supervisory authorities, devise and implement the necessary policies to inform their citizens and residents about SIS generally.

CHAPTER V

ALERTS FOR REFUSAL OF ENTRY AND STAY ON THIRD-COUNTRY NATIONALS

Article 20

Categories of data

1.  Without prejudice to Article 8(1) or to the provisions of this Regulation providing for the storage of additional data, SIS shall contain only those categories of data which are supplied by each Member State, as required for the purposes laid down in Articles 24 and 25.

2.  Any alert in SIS which includes information on persons ▌shall contain only the following data:

(a)  surnames;

(b)  forenames;

(c)  names at birth;

(d)  previously used names and aliases;

(e)  any specific, objective, physical characteristics not subject to change;

(f)  place of birth;

(g)  date of birth;

(h)  gender;

(i)  any nationalities held;

(j)  whether the person concerned:

(i)  is armed;

(ii)  is violent;

(iii)  has absconded or escaped;

(iv)  poses a risk of suicide;

(v)  poses a threat to public health; or

(vi)   is involved in an activity referred to in Articles 3 to 14 of Directive (EU) 2017/541;

(k)  the reason for the alert;

(l)  the authority which created the alert;

(m)  a reference to the decision giving rise to the alert;

(n)  the action to be taken in the case of a hit;

(o)  links to other alerts pursuant to Article 48;

(p)  whether the person concerned is a family member of a citizen of the Union or other person who is a beneficiary of the right of free movement as referred to in Article 26;

(q)  whether the decision for refusal of entry and stay is based on:

(i)   a previous conviction as referred to in point (a) of Article 24(2);

(ii)   a serious security threat as referred to in point (b) of Article 24(2);

(iii)  circumvention of Union or national law on entry and stay as referred to in point (c) of Article 24(2);

(iv)   an entry ban as referred to in point (b) of Article 24(1); or

(v)   a restrictive measure referred to in Article 25;

(r)  the type of offence ▌;

(s)  the category of the person’s identification documents;

(t)  the country of issue of the person’s identification documents;

(u)  the number(s) of the person’s identification documents;

(v)  the date of issue of the person’s identification documents;

(w)  photographs and facial images;

(x)  dactyloscopic data;

(y)  a ▌copy of the identification documents, in colour wherever possible.

3.   The Commission shall adopt implementing acts to lay down and develop the technical rules necessary for entering, updating, deleting and searching the data referred to in paragraph 2 of this Article and the common standards referred to in paragraph 4 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 62(2).

4.  ▌Technical rules shall be similar for searches in CS-SIS, in national or shared copies and in technical copies made under Article 41(2) . They shall be based on common standards ▌.

Article 21

Proportionality

1.  Before entering an alert and when extending the period of validity of an alert, Member States shall determine whether the case is adequate, relevant and important enough to warrant an alert in SIS.

2.  Where the decision to refuse entry and stay referred to in point (a) of Article 24(1) is related to a terrorist offence, the case shall be considered adequate, relevant and important enough to warrant an alert in SIS. For public or national security reasons, Member States may exceptionally refrain from entering an alert when it is likely to obstruct official or legal inquiries, investigations or procedures.

Article 22

Requirement for an alert to be entered

1.   The minimum set of data necessary in order to enter an alert into SIS shall be ▌the data referred to in points (a), (g), (k), (m), (n) and (q) of Article 20(2). The other data referred to in that paragraph shall also be entered into SIS, if available.

2.  The data referred to in point (e) of Article 20(2) of this Regulation shall only be entered when this is strictly necessary for the identification of the third-country national concerned. When such data are entered, Member States shall ensure that Article 9 of Regulation (EU) 2016/679 is complied with.

Article 23

Compatibility of alerts

1.  Before entering an alert, the Member State shall check whether the person concerned is already the subject of an alert in SIS. For that purpose, a check with dactyloscopic data shall also be carried out if such data are available.

2.  Only one alert per person per Member State shall be entered into SIS. Where necessary, new alerts may be entered on the same person by other Member States, in accordance with paragraph 3.

3.  Where a person is already the subject of an alert in SIS, a Member State wishing to enter a new alert shall check that there is no incompatibility between the alerts. If there is no incompatibility, the Member State may enter the new alert. If the alerts are incompatible, the SIRENE Bureaux of the Member States concerned shall consult each other by exchanging supplementary information in order to reach an agreement. Rules on the compatibility of alerts shall be laid down in the SIRENE Manual. Departures from the compatibility rules may be made after consultation between the Member States if essential national interests are at stake.

4.  In the case of hits on multiple alerts on the same person, the executing Member State shall observe the priority rules for alerts laid down in the SIRENE Manual.

If a person is subject to multiple alerts entered by different Member States, alerts for arrest entered in accordance with Article 26 of Regulation (EU) 2018/…(40) shall be executed as a priority, subject to Article 25 of that Regulation.

Article 24

Conditions for entering alerts for refusal of entry and stay

1.   Member States shall enter an alert for refusal of entry and stay when one of the following conditions is met:

(a)  the Member State has concluded, based on an individual assessment which includes an assessment of the personal circumstances of the third-country national concerned and the consequences of refusing him or her entry and stay, that the presence of that third-country national on its territory poses a threat to public policy, to public security or to national security, and the Member State has consequently adopted a judicial or administrative decision in accordance with its national law to refuse entry and stay and issued a national alert for refusal of entry and stay; or

(b)  the Member State has issued an entry ban in accordance with procedures respecting Directive 2008/115/EC in respect of a third-country national.

2.  The situations covered by point (a) of paragraph 1 shall arise where:

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

(b)  ▌there are serious grounds for believing that a third-country national has committed a serious criminal offence, including a terrorist offence, or there are clear indications of his or her intention to commit such an offence in the territory of a Member State ▌; or

(c)  a third-country national has circumvented or attempted to circumvent Union or national law on entry into and stay on the territory of the Member States.

3.  The issuing Member State shall ensure that the alert takes effect in SIS as soon as the third-country national concerned has left the territory of the Member States or as soon as possible where the issuing Member State has obtained clear indications that the third-country national has left the territory of the Member States, in order to prevent the re-entry of that third-country national.

4.  Persons in respect of whom a decision for refusal of entry and stay is taken as referred in paragraph 1 shall have the right to appeal. Such appeals shall be conducted in accordance with Union and national law, which shall provide for an effective remedy to be requested before a court.

Article 25

Conditions for entering alerts on third-country nationals subject to restrictive measures

1.  Alerts on third-country nationals who are the subject of a restrictive measure intended to prevent entry into or transit through the territory of Member States taken in accordance with legal acts adopted by the Council, including measures implementing a travel ban issued by the Security Council of the United Nations, shall, insofar as data-quality requirements are satisfied, be entered into SIS for the purpose of refusing entry and stay.

2.  The alerts shall be entered, kept up-to-date and deleted by the competent authority of the Member State which holds the Presidency of the Council of the European Union at the time of the adoption of the measure. If that Member State does not have access to SIS or to alerts entered in accordance with this Regulation, the responsibility shall be taken up by the Member State which holds the subsequent Presidency and which has access to SIS, including to alerts entered in accordance with this Regulation.

Member States shall put in place the necessary procedures for entering, updating and deleting such alerts.

Article 26

Conditions for entering alerts on third-country nationals who are beneficiaries of the right of free movement within the Union

1.  An alert on a third-country national who is a beneficiary of the right of free movement within the Union in accordance with Directive 2004/38/EC or with an agreement between the Union or the Union and its Members States on the one hand, and a third country on the other hand, shall be ▌in conformity with the rules adopted in implementation of that Directive or agreement.

2.  Where there is a hit on an alert entered in accordance with Article 24 on a third-country national who is a beneficiary of the right of free movement within the Union, the executing Member State shall immediately consult the issuing Member State, through the exchange of supplementary information, in order to decide without delay on the action to be taken.

Article 27

Prior consultation before granting or extending a residence permit or long-stay visa

▌Where a Member State considers granting or extending a residence permit or long-stay visa to a third-country national who is the subject of an alert for refusal of entry and stay entered by another Member State, the Member States involved shall ▌consult each other through the exchange of supplementary information, in accordance with the following rules:

(a)  the granting Member State shall consult the issuing Member State prior to granting or extending the residence permit or long-stay visa;

(b)  the issuing Member State shall reply to the consultation request within 10 calendar days;

(c)  the absence of a reply by the deadline referred to in point (b) shall mean that the issuing Member State does not object to the granting or extending of the residence permit or long-stay visa;

(d)  when making the relevant decision, the granting Member State shall take into account the reasons for the decision of the issuing Member State and shall consider, in accordance with national law, any threat to public policy or to public security which the presence of the third-country national in question on the territory of the Member States may pose;

(e)  the granting Member State shall notify the issuing Member State of its decision; and

(f)  where the granting Member State notifies the issuing Member State that it intends to grant or extend the residence permit or long-stay visa or that it has decided to do so, the issuing Member State shall delete the alert for refusal of entry and stay.

The final decision on whether to grant a residence permit or long-stay visa to a third-country national rests with the granting Member State.

Article 28

Prior consultation before entering an alert for refusal of entry and stay

▌Where a Member State has taken a decision referred to in Article 24(1) and considers entering an alert for refusal of entry and stay on a third-country national who is the holder of a valid residence permit or long-stay visa granted by another Member State, the Member States involved shall ▌consult each other through the exchange of supplementary information, in accordance with the following rules:

(a)  the Member State that has taken the decision referred to in Article 24(1) shall inform the granting Member State of the decision;

(b)  the information exchanged under point (a) of this Article shall include sufficient detail on the reasons for the decision referred to in Article 24(1);

(c)  on the basis of the information provided by the Member State that has taken the decision referred to in Article 24(1), the granting Member State shall consider whether there are reasons for withdrawing the residence permit or long-stay visa;

(d)  when making the relevant decision, the granting Member State shall take into account the reasons for the decision of the Member State that has taken the decision referred to in Article 24(1) and shall consider, in accordance with national law, any threat to public policy or to public security which the presence of the third-country national in question on the territory of the Member States may pose;

(e)  within 14 calendar days of receipt of the request for consultation the granting Member State shall notify the Member State that has taken the decision referred to in Article 24(1) of its decision or, where it has been impossible for the granting Member State to take a decision within that period, shall make a reasoned request to extend exceptionally the time period for its response for a maximum of a further 12 calendar days;

(f)  where the granting Member State notifies the Member State that has taken the decision referred to in Article 24(1) that it is maintaining the residence permit or long-stay visa, the Member State that has taken the decision shall not enter the alert for refusal of entry and stay.

Article 29

A posteriori consultation after entering an alert for refusal of entry and stay

Where it emerges that a Member State has entered an alert for refusal of entry and stay on a third-country national who is the holder of a valid residence permit or long-stay visa granted by another Member State, the Member States involved shall consult each other through the exchange of supplementary information, in accordance with the following rules:

(a)  the issuing Member State shall inform the granting Member State of the alert for refusal of entry and stay;

(b)  the information exchanged under point (a) shall include sufficient detail on the reasons for the alert for refusal of entry and stay;

(c)  on the basis of the information provided by the issuing Member State, the granting Member State shall consider whether there are reasons for withdrawing the residence permit or long-stay visa;

(d)  when making its decision, the granting Member State shall take into account the reasons for the decision of the issuing Member State and shall consider, in accordance with national law, any threat to public policy or to public security which the presence of the third-country national in question on the territory of the Member States may pose;

(e)  within 14 calendar days of receipt of the request for consultation the granting Member State shall notify the issuing Member State of its decision or, where it has been impossible for the granting Member State to take a decision within that period, shall make a reasoned request to extend exceptionally the time period for its response for a maximum of a further 12 calendar days;

(f)  where the granting Member State notifies the issuing Member State that it is maintaining the residence permit or long-stay visa, the issuing Member State shall immediately delete the alert for refusal of entry and stay.

Article 30

Consultation in the case of a hit concerning a third-country national holding a valid residence permit or long-stay visa

Where a Member State encounters a hit on an alert for refusal of entry and stay entered by a Member State on a third-country national who is the holder of a valid residence permit or long-stay visa granted by another Member State, the Member States involved shall consult each other through the exchange of supplementary information, in accordance with the following rules:

(a)  the executing Member State shall inform the issuing Member State of the situation;

(b)  the issuing Member State shall initiate the procedure laid down in Article 29;

(c)  the issuing Member State shall notify the executing Member State of the outcome following the consultation.

The decision on the entry of the third-country national shall be taken by the executing Member State in accordance with Regulation (EU) 2016/399.

Article 31

Statistics on exchange of information

▌Member States shall provide statistics to eu-LISA on an annual basis on the exchanges of information carried out in accordance with Articles 27 to 30 and on the instances in which the deadlines provided for in those Articles were not met.

CHAPTER VI

SEARCH WITH BIOMETRIC DATA

Article 32

Specific rules for entering photographs, facial images and dactyloscopic data

1.  Only photographs, facial images and dactyloscopic data referred to in points (w) and (x) of Article 20(2) which fulfil minimum data quality standards and technical specifications shall be entered into SIS. Before such data are entered, a quality check shall be performed in order to ascertain whether the minimum data quality standards and technical specifications have been met.

2.  Dactyloscopic data entered in SIS may consist of one to ten flat fingerprints and one to ten rolled fingerprints. It may also include up to two palm prints.

3.  Minimum data quality standards and technical specifications shall be established in accordance with paragraph 4 of this Article for the storage of the biometric data referred to in paragraph 1 of this Article. Those minimum data quality standards and technical specifications shall set the level of quality required for using the data to verify the identity of a person in accordance with Article 33(1) and for using the data to identify a person in accordance with Article 33(2) to (4).

4.  The Commission shall adopt implementing acts to lay down the minimum data quality standards and technical specifications referred to in paragraphs 1 and 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 62(2).

Article 33

Specific rules for verification or search with photographs, facial images and dactyloscopic data

1.  Where photographs, facial images and dactyloscopic data are available in an alert in SIS, such photographs, facial images and dactyloscopic data shall be used to confirm the identity of a person who has been located as a result of an alphanumeric search made in SIS.

2.  Dactyloscopic data may be searched in all cases to identify a person. However, dactyloscopic data shall be searched to identify a person where the identity of the person cannot be ascertained by other means. For that purpose, the Central SIS shall contain an Automated Fingerprint Identification System (AFIS).

3.  Dactyloscopic data in SIS in relation to alerts entered in accordance with Articles 24 and 25 may also be searched using complete or incomplete sets of fingerprints or palm prints discovered at the scenes of serious crimes or terrorist offences under investigation, where it can be established to a high degree of probability that those sets of prints belong to a perpetrator of the offence and provided that the search is carried out simultaneously in the Member State's relevant national fingerprints databases.

4.  As soon as it becomes technically possible, and while ensuring a high degree of reliability of identification, photographs and facial images may be used to identify a person ▌in the context of regular border crossing points ▌.

Before this functionality is implemented in SIS, the Commission shall present a report on the availability, readiness and reliability of the required technology. The European Parliament shall be consulted on the report.

After the start of the use of the functionality at regular border crossing points, the Commission shall be empowered to adopt delegated acts in accordance with Article 61 to supplement this Regulation concerning the determination of other circumstances in which photographs and facial images may be used to identify persons.

CHAPTER VII

RIGHT OF ACCESS AND REVIEW AND DELETION OF ALERTS

Article 34

National competent authorities having a right to access data in SIS

1.  National competent authorities responsible for the identification of third-country nationals shall have access to data entered in SIS and the right to search such data directly or in a copy of the SIS database ▌for the purposes of:

(a)  border control, in accordance with Regulation (EU) 2016/399;

(b)  police and customs checks carried out within the Member State concerned, and the coordination of such checks by designated authorities;

(c)  ▌the prevention, detection ▌, investigation or prosecution of terrorist offences or other serious criminal offences or the execution of criminal penalties, within the Member State concerned, provided that Directive (EU) 2016/680 applies;

(d)  examining the conditions and taking decisions related to the entry and stay of third-country nationals on the territory of the Member States, including on residence permits and long-stay visas, and to the return of third-country nationals, as well as carrying out checks on third-country nationals who are illegally entering or staying on the territory of the Member States;

(e)  security checks on third-country nationals who apply for international protection, insofar as authorities performing the checks are not "determining authorities" as defined in point (f) of Article 2 of Directive 2013/32/EU of the European Parliament and of the Council(41), and, where relevant, providing advice in accordance with Council Regulation (EC) No 377/2004(42);

(f)  examining visa applications and taking decisions related to those applications including on whether to annul, revoke or extend visas, in accordance with Regulation (EC) No 810/2009 of the European Parliament and of the Council(43).

2.  The right to access data in SIS and the right to search such data directly may be exercised by national competent authorities responsible for naturalisation, as provided for in national law, for the purposes of examining an application for naturalisation.

3.  For the purposes of Articles 24 ▌and 25 the right to access data in SIS and the right to search such data directly may also be exercised by national judicial authorities, including those responsible for the initiation of public prosecutions in criminal proceedings and for judicial inquiries prior to charging a person, in the performance of their tasks, as provided for in national law, and by their coordinating authorities.

4.  The right to access data concerning documents relating to persons entered in accordance with Article 38(2)(k) and (l) of Regulation (EU) 2018/…(44) [ and the right to search such data may also be exercised by the authorities referred to in point (f) of paragraph 1 of this Article.

5.  The competent authorities referred to in this Article shall be included in the list referred to in Article 41(8).

Article 35

Access to data in SIS by Europol

1.  The European Union Agency for Law Enforcement Cooperation (Europol), established by Regulation (EU) 2016/794, shall, where necessary to fulfil its mandate, have the right to access and search data in SIS. Europol may also exchange and further request supplementary information in accordance with the provisions of the SIRENE Manual.

2.  Where a search by Europol reveals the existence of an alert in SIS, Europol shall inform the issuing Member State through the exchange of supplementary information by means of the Communication Infrastructure and in accordance with the provisions set out in the SIRENE Manual. Until Europol is able to use the functionalities intended for the exchange of supplementary information, it shall inform issuing Member States through the channels defined by Regulation (EU) 2016/794.

3.  Europol may process the supplementary information that has been provided to it by Member States for the purposes of comparing it with its databases and operational analysis projects, aimed at identifying connections or other relevant links and for the strategic, thematic or operational analyses referred to in points (a), (b) and (c) of Article 18(2) of Regulation (EU) 2016/794. Any processing by Europol of supplementary information for the purpose of this Article shall be carried out in accordance with that Regulation.

4.  Europol's use of information obtained from a search in ▌SIS or from the processing of supplementary information shall be subject to the consent of the issuing Member State ▌. If the Member State allows the use of such information, its handling by Europol shall be governed by Regulation (EU) 2016/794. Europol shall only communicate such information to third countries and third bodies with the consent of the issuing Member State and in full compliance with Union law on data protection.

5.  Europol shall:

(a)  without prejudice to paragraphs 4 and 6, not connect parts of SIS nor transfer the data contained in it to which it has access to any system for data collection and processing operated by or at Europol, nor download or otherwise copy any part of SIS;

(b)  notwithstanding Article 31(1) of Regulation (EU) 2016/794, delete supplementary information containing personal data at the latest one year after the related alert has been deleted. By way of derogation, where Europol has information in its databases or operational analysis projects on a case to which the supplementary information is related, in order for Europol to perform its tasks, Europol may exceptionally continue to store the supplementary information when necessary. Europol shall inform the issuing and the executing Member State of the continued storage of such supplementary information and present a justification for it;

(c)  limit access to data in SIS, including supplementary information, to specifically authorised staff of Europol who require access to such data for the performance of their tasks;

(d)  adopt and apply measures to ensure security, confidentiality and self-monitoring in accordance with Articles 10, 11 and 13;

(e)  ensure that its staff who are authorised to process SIS data receive appropriate training and information in accordance with Article 14(1); and

(f)  without prejudice to Regulation (EU) 2016/794, allow the European Data Protection Supervisor to monitor and review the activities of Europol in the exercise of its right to access and search data in SIS and in the exchange and processing of supplementary information.

6.  Europol shall only copy data from SIS for technical purposes where such copying is necessary in order for duly authorised Europol staff to carry out a direct search. This Regulation shall apply to such copies. The technical copy shall only be used for the purpose of storing SIS data whilst those data are searched. Once the data have been searched they shall be deleted. Such uses shall not be considered to be unlawful downloading or copying of SIS data. Europol shall not copy alert data or additional data issued by Member States or from CS-SIS into other Europol systems.

7.  For the purpose of verifying the lawfulness of data processing, self-monitoring and ensuring proper data security and integrity, Europol shall keep logs of every access to and search in SIS in accordance with the provisions of Article 12. Such logs and documentation shall not be considered to be unlawful downloading or copying of part of SIS.

8.  Member States shall inform Europol through the exchange of supplementary information of any hit on alerts related to terrorist offences. Member States may exceptionally not inform Europol if doing so would jeopardise current investigations, the safety of an individual or be contrary to essential interests of the security of the issuing Member State.

9.  Paragraph 8 shall apply from the date that Europol is able to receive supplementary information in accordance with paragraph 1.

Article 36

Access to data in SIS by the European Border and Coast Guard teams, teams of staff involved in return-related tasks, and members of the migration management support teams

1.  In accordance with Article 40(8) of Regulation (EU) 2016/1624, the members of the teams referred to in points (8) and (9) of Article 2 of that Regulation shall, within their mandate and provided that they are authorised to carry out checks in accordance with Article 34(1) of this Regulation and have received the required training in accordance with Article 14(1) of this Regulation, have the right to access and search data in SIS insofar it is necessary for the performance of their task and as required by the operational plan for a specific operation. Access to data in SIS shall not be extended to any other team members.

2.  Members of the teams referred to in paragraph 1 shall exercise the right to access and search data in SIS in accordance with paragraph 1 through a technical interface. The technical interface shall be set up and maintained by the European Border and Coast Guard Agency and shall allow direct connection to Central SIS.

3.  Where a search by a member of the teams referred to in paragraph 1 of this Article reveals the existence of an alert in SIS, the issuing Member State shall be informed thereof. In accordance with Article 40 of Regulation (EU) 2016/1624, members of the teams shall only act in response to an alert in SIS under instructions from and, as a general rule, in the presence of border guards or staff involved in return-related tasks of the host Member State in which they are operating. The host Member State may authorise members of the teams to act on its behalf.

4.   For the purpose of verifying the lawfulness of data processing, self-monitoring and ensuring proper data security and integrity, the European Border and Coast Guard Agency shall keep logs of every access to and search in SIS in accordance with the provisions of Article 12.

5.  The European Border and Coast Guard Agency shall adopt and apply measures to ensure security ▌, confidentiality and self-monitoring in accordance with Articles 10, 11 and 13 and shall ensure that the teams referred to in paragraph 1 of this Article apply those measures.

6.   Nothing in this Article shall be interpreted as affecting the provisions of Regulation (EU) 2016/1624 concerning data protection or the European Border and Coast Guard Agency’s liability for any unauthorised or incorrect processing of data by it.

7.   Without prejudice to paragraph 2, no parts of SIS shall be connected to any system for data collection and processing operated by the teams referred to in paragraph 1 or by the European Border and Coast Guard Agency, nor shall the data in SIS to which those teams have access be transferred to such a system. No part of SIS shall be downloaded or copied. The logging of access and searches shall not be considered to be unlawful downloading or copying of SIS data.

8.  The European Border and Coast Guard Agency shall allow the European Data Protection Supervisor to monitor and review the activities of the teams referred to in this Article in the exercise of their right to access and search data in SIS. This shall be without prejudice to the further provisions of Regulation (EU) 2018/…(45).

Article 37

Evaluation of the use of SIS by Europol and the European Border and Coast Guard Agency

1.  The Commission shall carry out an evaluation of the operation and the use of SIS by Europol and the teams referred to in Article 36(1) at least every five years.

2.  Europol and the European Border and Coast Guard Agency shall ensure adequate follow-up to the findings and recommendations stemming from the evaluation.

3.  A report on the results of the evaluation and follow-up to it shall be sent to the European Parliament and to the Council.

Article 38

Scope of access

End-users, including Europol and the members of the teams referred to in points (8) and (9) of Article 2 of Regulation (EU) 2016/1624, shall only access data which they require for the performance of their tasks.

Article 39

Review period for alerts

1.  Alerts shall be kept only for the time required to achieve the purposes for which they were entered.

2.  An issuing Member State ▌shall, within three years of the entry of an alert into SIS, review the need to retain it. However, if the national decision on which the alert is based provides for a longer period of validity than three years, the alert shall be reviewed within five years.

3.  Each Member State shall, where appropriate, set shorter review periods in accordance with its national law.

4.  ▌Within the review period, the issuing Member State ▌may, following a comprehensive individual assessment, which shall be recorded, decide to retain the alert for longer than the review period, where this proves necessary and proportionate for the purposes for which the alert was entered. In such a case, paragraph 2 shall also apply to the extension. Any such extension shall be communicated to CS-SIS.

5.   Alerts shall be deleted automatically after the review period referred to in paragraph 2 has expired except where the issuing Member State ▌has informed CS-SIS of an extension ▌pursuant to paragraph 4. CS-SIS shall automatically inform the issuing Member State of the scheduled deletion of data four months in advance.

6.   Member States shall keep statistics on the number of alerts the retention periods of ▌which have been extended in accordance with paragraph 4 of this Article and transmit them, upon request, to the supervisory authorities referred to in Article 55.

7.  As soon as it becomes clear to a SIRENE Bureau that an alert has achieved its purpose and should therefore be deleted, it shall immediately notify the authority which created the alert. The authority shall have 15 calendar days from the receipt of that notification to reply that the alert has been or shall be deleted or shall state reasons for the retention of the alert. If no reply has been received by the end of the 15-day period, the SIRENE Bureau shall ensure that the alert is deleted. Where permissible under national law, the alert shall be deleted by the SIRENE Bureau. SIRENE Bureaux shall report any recurring issues they encounter when acting under this paragraph to their supervisory authority.

Article 40

Deletion of alerts

1.  Alerts for refusal of entry and stay pursuant to Article 24 shall be deleted:

(a)  when the decision on the basis of which the alert was entered has been withdrawn or annulled by the competent authority; or

(b)  where applicable, following the consultation procedure referred to in Article 27 and Article 29.

2.  Alerts on third-country nationals who are the subject of a restrictive measure intended to prevent entry into or transit through the territory of Member States shall be deleted when the restrictive measure ▌has been terminated, suspended or annulled.

3.  Alerts on a person who has acquired citizenship of a Member State or of any State whose nationals are beneficiaries of the right of free movement under Union law shall be deleted as soon as the issuing Member State becomes aware, or is so informed pursuant to Article 44 that the person in question has acquired such citizenship.

4.  Alerts shall be deleted upon expiry of the alert in accordance with Article 39.

CHAPTER VIII

GENERAL DATA PROCESSING RULES

Article 41

Processing of SIS data

1.  The Member States shall only process the data referred to in Article 20 for the purposes of refusing entry into and stay on their territories.

2.  Data shall only be copied for technical purposes, where such copying is necessary in order for the competent authorities referred to in Article 34 to carry out a direct search. This Regulation shall apply to those copies. A Member State shall not copy alert data or additional data entered by another Member State from its N.SIS or from the CS-SIS into other national data files.

3.  Technical copies referred to in paragraph 2 which result in offline databases may be retained for a period not exceeding 48 hours. ▌

Notwithstanding the first subparagraph, technical copies which result in offline databases to be used by visa-issuing authorities shall not be permitted, except for copies made to be used only in an emergency following the unavailability of the network for more than 24 hours.

Member States shall keep an up-to-date inventory of those copies, make that inventory available to their supervisory authorities, and ensure that this Regulation, in particular Article 10, is applied in respect of those copies.

4.  Access to data in SIS by national competent authorities referred to in Article 34 shall only be authorised within the limits of their competence and only to duly authorised staff.

5.  Any processing of SIS data by Member States for purposes other than those for which it was entered into SIS has to be linked with a specific case and justified by the need to prevent an imminent and serious threat to public policy and to public security, on serious grounds of national security or for the purposes of preventing a serious crime. Prior authorisation from the issuing Member State ▌shall be obtained for this purpose.

6.  Data concerning documents related to persons that are entered into SIS under points (k) and (l) of Article 38(2) of Regulation (EU) 2018/…(46) may be used by the competent authorities referred to in point (f) of Article 34(1) in accordance with the laws of each Member State.

7.  Any use of SIS data which does not comply with paragraphs 1 to 6 of this Article shall be considered as misuse under the national law of each Member State and subject to penalties in accordance with Article 59.

8.  Each Member State shall send to eu-LISA a list of its competent authorities which are authorised to search the data in SIS directly pursuant to this Regulation, as well as any changes to the list. The list shall specify, for each authority, which data it may search and for what purposes. eu-LISA shall ensure that the list is published in the Official Journal of the European Union annually. eu-LISA shall maintain a continuously updated list on its website containing changes sent by Member States between the annual publications.

9.  Insofar as Union law does not lay down specific provisions, the law of each Member State shall apply to data in its N.SIS.

Article 42

SIS data and national files

1.  Article 41(2) shall be without prejudice to the right of a Member State to keep in its national files SIS data in connection with which action has been taken on its territory. Such data shall be kept in national files for a maximum period of three years, except if specific provisions in national law provide for a longer retention period.

2.  Article 41(2) shall be without prejudice to the right of a Member State to keep in its national files data contained in a particular alert entered in SIS by that Member State.

Article 43

Information in the case of non-execution of an alert

If a requested action cannot be performed, the Member State from which action is requested shall immediately inform the issuing Member State through the exchange of supplementary information.

Article 44

Quality of the data in SIS

1.  An issuing Member State ▌shall be responsible for ensuring that the data are accurate, up-to-date, and entered and stored in SIS lawfully.

2.  Where an issuing Member State receives relevant additional or modified data as listed in Article 20(2), it shall complete or modify the alert without delay.

3.  Only the issuing Member State ▌shall be authorised to modify, add to, correct, update or delete data which it has entered into SIS.

4.  Where a Member State other than the issuing Member State has relevant additional or modified data as listed in Article 20(2), it shall transmit them without delay, through the exchange of supplementary information, to the issuing Member State to enable the latter to complete or modify the alert. The data shall only be transmitted if the identity of the third-country national is ascertained.

5.  Where a Member State other than the issuing Member State has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored, it shall, through the exchange of supplementary information, inform the issuing Member State as soon as possible and not later than two working days after that evidence has come to its attention. The issuing Member State shall check the information and, if necessary, correct or delete the item in question without delay.

6.  Where the Member States are unable to reach an agreement within two months of the time when evidence first came to light as referred to in paragraph 5 of this Article, the Member State which did not enter the alert shall submit the matter to the supervisory authorities concerned and to the European Data Protection Supervisor for a decision, by means of cooperation in accordance with Article 57.

7.  The Member States shall exchange supplementary information in cases where a person complains that he or she is not the intended subject of an alert. Where the outcome of the check shows that the intended subject of an alert is not the complainant, the complainant shall be informed of the measures laid down in Article 47 and of the right to redress under Article 54(1).

Article 45

Security incidents

1.  Any event that has or may have an impact on the security of SIS or may cause damage or loss to SIS data or to the supplementary information 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 Central SIS.

4.  Information regarding a security incident that has or may have an impact on the operation of SIS in a Member State or within eu-LISA, on the availability, integrity and confidentiality of the data entered or sent by other Member States or on supplementary information exchanged, shall be provided to all Member States without delay and reported in compliance with the incident management plan provided by eu-LISA.

5.  The Member States and eu-LISA shall collaborate in the event of a security incident.

6.  The Commission shall report serious incidents immediately to the European Parliament and to the Council. Those 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 59.

Article 46

Distinguishing between persons with similar characteristics

1.  Where upon a new alert being entered it becomes apparent that there is already an alert in SIS on a person with the same description of identity, the SIRENE Bureau shall contact the issuing Member State through the exchange of supplementary information within 12 hours to cross-check whether the subjects of the two alerts are the same person.

2.  Where the cross-check reveals that the subject of the new alert and the person subject to the alert already entered in SIS are indeed one and the same person, the SIRENE Bureau shall apply the procedure for entering multiple alerts referred to in Article 23.

3.  Where the outcome of the cross-check is that there are in fact two different persons, the SIRENE Bureau shall approve the request for entering the second alert by adding the data necessary to avoid any misidentifications.

Article 47

Additional data for the purpose of dealing with misused identities

1.  Where confusion may arise between the person intended to be the subject of an alert and a person whose identity has been misused, the issuing Member State shall, subject to the explicit consent of the person whose identity has been misused, add data relating to the latter to the alert in order to avoid the negative consequences of misidentification. Any person whose identity has been misused shall have the right to withdraw his or her consent regarding the processing of the added personal data.

2.  Data relating to a person whose identity has been misused shall be used only for the following purposes:

(a)  to allow the competent authority to distinguish the person whose identity has been misused from the person intended to be the subject of the alert; and

(b)  to allow the person whose identity has been misused to prove his or her identity and to establish that his or her identity has been misused.

3.  For the purpose of this Article, and subject to the explicit consent of the person whose identity has been misused for each data category, only the following personal data of the person whose identity has been misused may be entered and further processed in SIS:

(a)  surnames;

(b)  forenames;

(c)  names at birth;

(d)  previously used names and any aliases possibly entered separately;

(e)  any specific objective and physical characteristic not subject to change;

(f)  place of birth;

(g)  date of birth;

(h)  gender;

(i)  photographs and facial images;

(j)  fingerprints, palm prints or both;

(k)  any nationalities held;

(l)  the category of the person’s identification documents;

(m)  the country of issue of the person’s identification documents;

(n)  the number(s) of the person’s identification documents;

(o)  the date of issue of a person’s identification documents;

(p)  address of the person;

(q)  person's father’s name;

(r)  person's mother’s name.

4.  The Commission shall adopt implementing acts to lay down and develop technical rules necessary for entering and further processing the data referred to in paragraph 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 62(2).

5.  The data referred to in paragraph 3 shall be deleted at the same time as the corresponding alert or earlier where the person so requests.

6.  Only the authorities having a right of access to the corresponding alert may access the data referred to in paragraph 3. They may do so for the sole purpose of avoiding misidentification.

Article 48

Links between alerts

1.  A Member State may create a link between alerts it enters in SIS. The effect of such a link shall be to establish a relationship between two or more alerts.

2.  The creation of a link shall not affect the specific action to be taken on the basis of each linked alert or the review period of each of the linked alerts.

3.  The creation of a link shall not affect the rights of access provided for in this Regulation. Authorities with no right of access to certain categories of alerts shall not be able to see the link to an alert to which they do not have access.

4.  A Member State shall create a link between alerts when there is an operational need.

5.  Where a Member State considers that the creation by another Member State of a link between alerts is incompatible with its national law or its international obligations, it may take the necessary measures to ensure that there can be no access to the link from its national territory or by its authorities located outside its territory.

6.  The Commission shall adopt implementing acts to lay down and develop technical rules for linking alerts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 62(2).

Article 49

Purpose and retention period of supplementary information

1.  Member States shall keep a reference to the decisions giving rise to an alert at the SIRENE Bureau in order to support the exchange of supplementary information.

2.  Personal data held in files by the SIRENE Bureau as a result of information exchanged shall be kept only for such time as may be required to achieve the purposes for which they were supplied. They shall in any event be deleted at the latest one year after the related alert has been deleted from SIS.

3.  Paragraph 2 shall be without prejudice to the right of a Member State to keep in national files data relating to a particular alert which that Member State has entered or to an alert in connection with which action has been taken on its territory. The period for which such data may be kept in those files shall be governed by national law.

Article 50

Transfer of personal data to third parties

Data processed in SIS and the related supplementary information exchanged pursuant to this Regulation shall not be transferred or made available to third countries or to international organisations.

CHAPTER IX

DATA PROTECTION

Article 51

Applicable legislation

1.  Regulation (EU) 2018/ …(47) shall apply to the processing of personal data by eu-LISA and by the European Border and Coast Guard Agency under this Regulation. Regulation (EU) 2016/794 shall apply to the processing of personal data by Europol under this Regulation.

2.  Regulation (EU) 2016/679 shall apply to the processing of personal data under this Regulation by the competent authorities referred to in Article 34 of this Regulation with the exception of processing for the purposes of the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security where Directive (EU) 2016/680 applies.

Article 52

Right of information

1.  Third-country nationals who are the subject of an alert in SIS shall be informed of this in accordance with Articles 13 and 14 of Regulation (EU) 2016/679 or Articles 12 and 13 of Directive (EU) 2016/680. This information shall be provided in writing, together with a copy of or a reference to the national decision giving rise to the alert, as referred to in Article 24(1) of this Regulation.

2.  This information shall not be provided where national law allows for the right of information to be restricted, in particular in order to safeguard national security, defence, public security, and the prevention ▌, detection, investigation and prosecution of criminal offences ▌.

Article 53

Right of access, rectification of inaccurate data and erasure of unlawfully stored data

1.   Data subjects shall be able to exercise the rights laid down in Articles 15, 16 and 17 of Regulation (EU) 2016/679 and in Article 14 and Article 16(1) and (2) of Directive (EU) 2016/680.

2.  A Member State other than the issuing Member State may provide to the data subject information concerning any of the data subject's personal data that are being processed, only if it first gives the issuing Member State an opportunity to state its position. The communication between those Member States shall be done through the exchange of supplementary information.

3.  A Member State shall take a decision not to provide information to the data subject, in whole or in part, in accordance with national law, to the extent that, and for as long as such a partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the fundamental rights and legitimate interests of the data subject concerned, in order to:

(a)  avoid obstructing official or legal inquiries, investigations or procedures;

(b)  avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties;

(c)  protect public security;

(d)  protect national security; or

(e)  protect the rights and freedoms of others.

In cases referred to in the first subparagraph, the Member State shall inform the data subject in writing, without undue delay, of any refusal or restriction of access and of the reasons for the refusal or restriction. Such information may be omitted where its provision would undermine any of the reasons set out in points (a) to (e) of the first subparagraph. The Member State shall inform the data subject of the possibility of lodging a complaint with a supervisory authority or of seeking a judicial remedy.

The Member State shall document the factual or legal reasons on which the decision not to provide information to the data subject is based. That information shall be made available to the supervisory authorities.

For such cases, the data subject shall also be able to exercise his or her rights through the competent supervisory authorities.

4.   Following an application for access, rectification or erasure, the Member State shall inform the data subject as soon as possible and in any event within the deadlines referred to in Article 12(3) of Regulation (EU) 2016/679 about the follow-up given to the exercise of the rights under this Article, regardless of whether the data subject is in a third country or not ▌.

Article 54

Remedies

1.   Without prejudice to the provisions on remedies of Regulation (EU) 2016/679 and of Directive (EU) 2016/680, any person may bring an action before any competent authority, including a court, under the law of any Member State to access, rectify, ▌erase, obtain information or obtain compensation in connection with an alert relating to him or her.

2.  The Member States undertake mutually to enforce final decisions handed down by the courts or authorities referred to in paragraph 1 of this Article, without prejudice to Article 58.

3.  Member States shall report annually to the European Data Protection Board on:

(a)  the number of ▌access requests submitted to the data controller and the number of cases where access to the data was granted;

(b)  the number of ▌access requests submitted to the supervisory authority and the number of cases where access to the data was granted;

(c)  the number of requests for the rectification of inaccurate data and for the erasure of unlawfully stored data to the data controller and the number of cases where the data were rectified or erased;

(d)  the number of requests for the rectification of inaccurate data and the erasure of unlawfully stored data submitted to the supervisory authority;

(e)  the number of court proceedings initiated;

(f)  the number of cases where the court ruled in favour of the applicant ▌;

(g)  any observations on cases of mutual recognition of final decisions handed down by the courts or authorities of other Member States on alerts entered by the ▌issuing Member State.

A template for the reporting referred to in this paragraph shall be developed by the Commission.

4.  The reports from the Member States shall be included in the joint report referred to in Article 57(4).

Article 55

Supervision of N.SIS

1.  Member States shall ensure that the independent supervisory authorities designated in each Member State and endowed with the powers referred to in Chapter VI of Regulation (EU) 2016/679 or Chapter VI of Directive (EU) 2016/680 monitor ▌the lawfulness of the processing of personal data in SIS on their territory, its transmission from their territory and the exchange and further processing of supplementary information on their territory.

2.  The supervisory authorities shall ensure that an audit of the data processing operations in its N.SIS is carried out in accordance with international auditing standards at least every four years. The audit shall either be carried out by the supervisory authorities, or the supervisory authorities shall directly order the audit from an independent data protection auditor. The supervisory authorities shall at all times retain control over and undertake the responsibilities of the independent auditor.

3.  Member States shall ensure that their supervisory authorities have sufficient resources to fulfil the tasks entrusted to them under this Regulation and have access to advice from persons with sufficient knowledge of biometric data.

Article 56

Supervision of eu-LISA

1.  The European Data Protection Supervisor shall be responsible for monitoring the processing of personal data by eu-LISA and for ensuring that it is carried out in accordance with this Regulation. The tasks and powers referred to in Articles 57 and 58 of Regulation (EC) 2018/…(48) shall apply accordingly.

2.  The European Data Protection Supervisor shall carry out an audit of the processing of personal data by eu-LISA ▌in accordance with international auditing standards at least every four years. A report on that audit shall be sent to the European Parliament, to the Council, to eu-LISA, to the Commission and to the supervisory authorities. eu-LISA shall be given an opportunity to make comments before the report is adopted.

Article 57

Cooperation between supervisory authorities and the European Data Protection Supervisor

1.  The supervisory authorities and the European Data Protection Supervisor, each acting within the scope of their respective competences, shall actively cooperate within the framework of their responsibilities and shall ensure coordinated supervision of SIS.

2.  The supervisory authorities and the European Data Protection Supervisor shall, each acting within the scope of their respective competences, exchange relevant information, assist each other in carrying out audits and inspections, examine difficulties in the interpretation or application of this Regulation and other applicable Union legal acts, study problems that are revealed through the exercise of independent supervision or through the exercise of the rights of data subjects, draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights, as necessary.

3.  For the purposes laid down in paragraph 2, the supervisory authorities and the European Data Protection Supervisor shall meet at least twice a year as part of the European Data Protection Board. The costs and servicing of these meetings shall be borne by the European Data Protection Board. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed jointly as necessary.

4.  A joint report of activities as regards coordinated supervision shall be sent annually by the European Data Protection Board to the European Parliament, to the Council, and to the Commission ▌.

CHAPTER X

LIABILITY AND PENALTIES

Article 58

Liability

1.   Without prejudice to the right to compensation and to any liability under Regulation (EU) 2016/679, Directive (EU) 2016/680 and Regulation (EU) 2018/ …(49):

(a)  any person or Member State that has suffered material or non-material damage, as a result of an unlawful personal data processing operation through the use of N.SIS or any other act incompatible with this Regulation by a Member State, shall be entitled to receive compensation from that Member State; and

(b)  any person or Member State that has suffered material or non-material damage as a result of any act by eu-LISA incompatible with this Regulation shall be entitled to receive compensation from eu-LISA.

A Member State or eu-LISA shall be exempted from their liability under the first subparagraph, in whole or in part, if they prove that they are not responsible for the event which gave rise to the damage.

2.  If any failure of a Member State to comply with its obligations under this Regulation causes damage to SIS, that Member State shall be held liable for such damage, unless and insofar as eu-LISA or another Member State participating in SIS failed to take reasonable measures to prevent the damage from occurring or to minimise its impact.

3.  Claims for compensation against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the national law of that Member State. Claims for compensation against eu-LISA for the damage referred to in paragraphs 1 and 2 shall be subject to the conditions provided for in the Treaties.

Article 59

Penalties

Member States shall ensure that any misuse of SIS data, or any processing of such data or any exchange of supplementary information contrary to this Regulation, is punishable in accordance with national law.

The penalties provided for shall be effective, proportionate and dissuasive.

CHAPTER XI

FINAL PROVISIONS

Article 60

Monitoring and statistics

1.  eu-LISA shall ensure that procedures are in place to monitor the functioning of SIS against objectives relating to output, cost-effectiveness, security and quality of service.

2.  For the purposes of technical maintenance, reporting, data quality reporting and statistics, eu-LISA shall have access to the necessary information relating to the processing operations performed in Central SIS.

3.  eu-LISA shall produce daily, monthly and annual statistics showing the number of records per category of alerts, both for each Member State and in aggregate. eu-LISA shall also provide annual reports on the number of hits per category of alert, how many times SIS was searched and how many times SIS was accessed for the purpose of entering, updating or deleting an alert, both for each Member State and in aggregate. Such statistics shall include statistics on the exchanges of information under Article 27 to Article 31. The statistics produced shall not contain any personal data. The annual statistical report shall be published.

4.  Member States, Europol and the European Border and Coast Guard Agency shall provide eu-LISA and the Commission with the information necessary to draft the reports referred to in paragraphs 3, 5, 7 and 8.

5.  eu-LISA shall provide the European Parliament, the Council, the Member States, the Commission, Europol, the European Border and Coast Guard Agency and the European Data Protection Supervisor with any statistical reports that it produces.

In order to monitor the implementation of Union legal acts, including for the purposes of Regulation (EU) No 1053/2013, the Commission may request that eu-LISA provide additional specific statistical reports, either on a regular or ad hoc basis, on the performance of SIS, the use of SIS and on the exchange of supplementary information.

The European Border and Coast Guard Agency may request that eu-LISA provide additional specific statistical reports for the purpose of carrying out risk analyses and vulnerability assessments as referred to in Articles 11 and 13 of Regulation (EU) 2016/1624, either on a regular or ad hoc basis.

6.  For the purpose of Article 15(4) and of paragraphs 3, 4 and 5 of this Article, eu-LISA shall establish, implement and host a central repository in its technical sites containing the data referred to in Article 15(4) and in paragraph 3 of this Article which shall not allow for the identification of individuals and which shall allow the Commission and the agencies referred to in paragraph 5 of this Article to obtain bespoke reports and statistics. Upon request, eu-LISA shall give access to Member States, the Commission, Europol, and the European Border and Coast Guard Agency, to the extent required for the performance of their tasks, to the central repository by means of secured access through the Communication Infrastructure. eu-LISA shall implement access controls and specific user profiles to ensure that the central repository is accessed solely for the purpose of reporting and statistics.

7.  Two years after the date of application of this Regulation pursuant to the first subparagraph of Article 66(5) and every two years thereafter, eu-LISA shall submit to the European Parliament and to the Council a report on the technical functioning of Central SIS and of the Communication Infrastructure, including their security, on the AFIS and on the bilateral and multilateral exchange of supplementary information between Member States. This report shall also contain, once the technology is in use, an evaluation of the use of facial images to identify persons.

8.  Three years after the date of application of this Regulation pursuant to the first subparagraph of Article 66(5) and every four years thereafter, the Commission shall carry out an overall evaluation of Central SIS and the bilateral and multilateral exchange of supplementary information between Member States. That overall evaluation shall include an examination of results achieved against objectives, and an assessment of the continuing validity of the underlying rationale, the application of this Regulation in respect of Central SIS, the security of Central SIS and any implications for future operations. The evaluation report shall also include an assessment of the AFIS and the SIS information campaigns carried out by the Commission in accordance with Article 19.

The evaluation report shall also contain statistics on the number of alerts entered in accordance with point (a) of Article 24(1)and statistics on the number of alerts entered in accordance with point (b) of that paragraph. As regards alerts falling under point (a) of Article 24(1), it shall detail how many alerts were entered following the situations referred to in point (a), (b) or (c) of Article 24(2). The evaluation report shall also contain an assessment of the application of Article 24 by Member States.

The Commission shall transmit the evaluation report to the European Parliament and to the Council.

9.  The Commission shall adopt implementing acts to lay down detailed rules on the operation of the central repository referred to in paragraph 6 of this Article and the data protection and security rules applicable to that repository. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 62(2).

Article 61

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 33(4) shall be conferred on the Commission for an indeterminate period of time from ... [the date of entry into force of this Regulation].

3.  The delegation of power referred to in Article 33(4) 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 Interinstitutional 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 33(4) shall enter into force only if no objection has been expressed either by the European Parliament or by 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.

Article 62

Committee procedure

1.  The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 63

Amendments to Regulation (EC) No 1987/2006

Regulation (EC) No 1987/2006 is amended as follows:

(1)   Article 6 is replaced by the following ▌:"

Article 6

National Systems

1.  Each Member State shall be responsible for setting up, operating, maintaining and further developing its N.SIS II and connecting it to NI-SIS.

2.  Each Member State shall be responsible for ensuring the uninterrupted availability of SIS II data to end-users.”;

"

(2)  Article 11 is replaced by the following: "

“Article 11

Confidentiality – Member States

1.  Each Member State shall apply its rules of professional secrecy or other equivalent duties of confidentiality to all persons and bodies required to work with SIS II data and supplementary information, in accordance with its national legislation. This obligation shall also apply after those people leave office or employment or after the termination of the activities of those bodies.

2.  Where a Member State cooperates with external contractors in any SIS II-related tasks, it shall closely monitor the activities of the contractor to ensure compliance with all provisions of this Regulation, in particular on security, confidentiality and data protection.

3.  The operational management of N.SIS II or of any technical copies shall not be entrusted to private companies or private organisations.”;

"

(3)  Article 15 is amended as follows:

(a)  the following paragraph is inserted:"

"3a. The Management Authority shall develop and maintain a mechanism and procedures for carrying out quality checks on the data in CS-SIS. It shall provide regular reports to the Member States in this regard.

The Management Authority shall provide a regular report to the Commission covering the issues encountered and the Member States concerned.

The Commission shall provide the European Parliament and the Council with a regular report on data quality issues that are encountered.";

"

(b)  paragraph 8 is replaced by the following:"

“8. The operational management of Central SIS II shall consist of all the tasks necessary to keep Central SIS II functioning 24 hours a day, 7 days a week in accordance with this Regulation, in particular the maintenance work and technical developments necessary for the smooth running of the system. Those tasks shall also include the coordination, management and support of testing activities for Central SIS II and the N.SIS II that ensure that Central SIS II and the N.SIS II operate in accordance with the requirements for technical compliance set out in Article 9.”;

"

(4)  in Article 17, the following paragraphs are added:"

“3. Where the Management Authority cooperates with external contractors in any SIS II-related tasks, it shall closely monitor the activities of the contractor to ensure compliance with all provisions of this Regulation, in particular on security, confidentiality and data protection.

4.  The operational management of CS-SIS shall not be entrusted to private companies or private organisations.”;

"

(5)  in Article 20(2), the following point is inserted:"

"(ka) the type of offence;";

"

(6)  in Article 21, the following paragraph is added:"

"Where the decision to refuse entry and stay referred to in Article 24(2) is related to a terrorist offence, the case shall be considered adequate, relevant and important enough to warrant an alert in SIS II. For public or national security reasons, Member States may exceptionally refrain from entering an alert when it is likely to obstruct official or legal inquiries, investigations or procedures.";

"

(7)  Article 22 is replaced by the following:"

“Article 22

Specific rules for entering, verification or search with photographs and fingerprints

1.  Photographs and fingerprints shall only be entered following a special quality check to ascertain whether they fulfil minimum data quality standards. The specification of the special quality check shall be established in accordance with the procedure referred to in Article 51(2).

2.  Where photographs and fingerprint data are available in an alert in SIS II, such photographs and fingerprint data shall be used to confirm the identity of a person who has been located as a result of an alphanumeric search made in SIS II.

3.  Fingerprint data may be searched in all cases to identify a person. However, fingerprint data shall be searched to identify a person where the identity of the person cannot be ascertained by other means. For that purpose, the Central SIS II shall contain an Automated Fingerprint Identification System (AFIS).

4.  Fingerprint data in SIS II in relation to alerts entered in accordance with Articles 24 and 26 may also be searched using complete or incomplete sets of fingerprints discovered at the scenes of serious crimes or terrorist offences under investigation, where it can be established to a high degree of probability that those sets of prints belong to a perpetrator of the offence and provided that the search is carried out simultaneously in the Member State's relevant national fingerprints databases.";

"

(8)  Article 26 is replaced by the following:"

“Article 26

Conditions for entering alerts on third-country nationals subject to restrictive measures

1.  Alerts on third-country nationals who are the subject of a restrictive measure intended to prevent entry into or transit through the territory of Member States taken in accordance with legal acts adopted by the Council, including measures implementing a travel ban issued by the Security Council of the United Nations, shall, insofar as data-quality requirements are satisfied, be entered into SIS II for the purpose of refusing entry and stay.

2.  The alerts shall be entered, kept up-to-date and deleted by the competent authority of the Member State which holds the Presidency of the Council of the European Union at the time of the adoption of the measure. If that Member State does not have access to SIS II or to alerts entered in accordance with this Regulation, the responsibility shall be taken up by the Member State which holds the subsequent Presidency and which has access to SIS II, including to alerts entered in accordance with this Regulation.

Member States shall put in place the necessary procedures for entering, updating and deleting such alerts.";

"

(9)  the following Articles are inserted:"

“Article 27a

Access to data in SIS II by Europol

1.  The European Union Agency for Law Enforcement Cooperation (Europol), established by Regulation (EU) 2016/794 of the European Parliament and of the Council*, shall, where necessary to fulfil its mandate, have the right to access and search data in SIS II. Europol may also exchange and further request supplementary information in accordance with the provisions of the SIRENE Manual.

2.  Where a search by Europol reveals the existence of an alert in SIS II, Europol shall inform the issuing Member State through the exchange of supplementary information by means of the Communication Infrastructure and in accordance with the provisions set out in the SIRENE Manual. Until Europol is able to use the functionalities intended for the exchange of supplementary information, it shall inform issuing Member States through the channels defined by Regulation (EU) 2016/794.

3.  Europol may process the supplementary information that has been provided to it by Member States for the purposes of comparing it with its databases and operational analysis projects, aimed at identifying connections or other relevant links and for the strategic, thematic or operational analyses referred to in points (a), (b) and (c) of Article 18(2) of Regulation (EU) 2016/794. Any processing by Europol of supplementary information for the purpose of this Article shall be carried out in accordance with that Regulation.

4.  Europol's use of information obtained from a search in SIS II or from the processing of supplementary information shall be subject to the consent of the issuing Member State. If the Member State allows the use of such information, its handling by Europol shall be governed by Regulation (EU) 2016/794. Europol shall only communicate such information to third countries and third bodies with the consent of the issuing Member State and in full compliance with Union law on data protection.

5.  Europol shall:

   (a) without prejudice to paragraphs 4 and 6, not connect parts of SIS II nor transfer the data contained in it to which it has access to any system for data collection and processing operated by or at Europol, nor download or otherwise copy any part of SIS II;
   (b) notwithstanding Article 31(1) of Regulation (EU) 2016/794, delete supplementary information containing personal data at the latest one year after the related alert has been deleted. By way of derogation, where Europol has information in its databases or operational analysis projects on a case to which the supplementary information is related, in order for Europol to perform its tasks, Europol may exceptionally continue to store the supplementary information when necessary. Europol shall inform the issuing and the executing Member State of the continued storage of such supplementary information and present a justification for it;
   (c) limit access to data in SIS II, including supplementary information, to specifically authorised staff of Europol who require access to such data for the performance of their tasks;
   (d) adopt and apply measures to ensure security, confidentiality and self-monitoring in accordance with Articles 10, 11 and 13;
   (e) ensure that its staff who are authorised to process SIS II data receive appropriate training and information in accordance with Article 14; and
   (f) without prejudice to Regulation (EU) 2016/794, allow the European Data Protection Supervisor to monitor and review the activities of Europol in the exercise of its right to access and search data in SIS II and in the exchange and processing of supplementary information.

6.  Europol shall only copy data from SIS II for technical purposes where such copying is necessary in order for duly authorised Europol staff to carry out a direct search. This Regulation shall apply to such copies. The technical copy shall only be used for the purpose of storing SIS II data whilst those data are searched. Once the data have been searched they shall be deleted. Such uses shall not be considered to be unlawful downloading or copying of SIS II data. Europol shall not copy alert data or additional data issued by Member States or from CS-SIS II into other Europol systems.

7.  For the purpose of verifying the lawfulness of data processing, self-monitoring and ensuring proper data security and integrity, Europol shall keep logs of every access to and search in SIS II in accordance with the provisions of Article 12. Such logs and documentation shall not be considered to be unlawful downloading or copying of part of SIS II.

8.  Member States shall inform Europol through the exchange of supplementary information of any hit on alerts related to terrorist offences. Member States may exceptionally not inform Europol if doing so would jeopardise current investigations, the safety of an individual or be contrary to essential interests of the security of the issuing Member State.

9.  Paragraph 8 shall apply from the date that Europol is able to receive supplementary information in accordance with paragraph 1.

Article 27b

Access to data in SIS II by the European Border and Coast Guard teams, teams of staff involved in return-related tasks, and members of the migration management support teams

1.  In accordance with Article 40(8) of Regulation (EU) 2016/1624 of the European Parliament and of the Council**, the members of the teams referred to in points (8) and (9) of Article 2 of that Regulation shall, within their mandate and provided that they are authorised to carry out checks in accordance with Article 27(1) of this Regulation and have received the required training in accordance with Article 14 of this Regulation, have the right to access and search data in SIS II insofar it is necessary for the performance of their task and as required by the operational plan for a specific operation. Access to data in SIS II shall not be extended to any other team members.

2.  Members of the teams referred to in paragraph 1 shall exercise the right to access and search data in SIS II in accordance with paragraph 1 through a technical interface. The technical interface shall be set up and maintained by the European Border and Coast Guard Agency and shall allow direct connection to Central SIS II.

3.  Where a search by a member of the teams referred to in paragraph 1 of this Article reveals the existence of an alert in SIS II, the issuing Member State shall be informed thereof. In accordance with Article 40 of Regulation (EU) 2016/1624, members of the teams shall only act in response to an alert in SIS II under instructions from and, as a general rule, in the presence of border guards or staff involved in return-related tasks of the host Member State in which they are operating. The host Member State may authorise members of the teams to act on its behalf.

4.  For the purpose of verifying the lawfulness of data processing, self-monitoring and ensuring proper data security and integrity, the European Border and Coast Guard Agency shall keep logs of every access to and search in SIS II in accordance with the provisions of Article 12.

5.  The European Border and Coast Guard Agency shall adopt and apply measures to ensure security, confidentiality and self-monitoring in accordance with Articles 10, 11 and 13 and shall ensure that the teams referred to in paragraph 1 of this Article apply those measures.

6.  Nothing in this Article shall be interpreted as affecting the provisions of Regulation (EU) 2016/1624 concerning data protection or the European Border and Coast Guard Agency’s liability for any unauthorised or incorrect processing of data by it.

7.  Without prejudice to paragraph 2, no parts of SIS II shall be connected to any system for data collection and processing operated by the teams referred to in paragraph 1 or by the European Border and Coast Guard Agency, nor shall the data in SIS II to which those teams have access be transferred to such a system. No part of SIS II shall be downloaded or copied. The logging of access and searches shall not be considered to be unlawful downloading or copying of SIS II data.

8.  The European Border and Coast Guard Agency shall allow the European Data Protection Supervisor to monitor and review the activities of the teams referred to in this Article in the exercise of their right to access and search data in SIS II. This shall be without prejudice to the further provisions of Regulation (EU) 2018/… of the European Parliament and of the Council***(50).

______________________________

* Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).

** Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251 of 16.9.2016, p. 1).

*** Regulation (EU) 2018/... of the European Parliament and of the Council of ... on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ…).”.

"

Article 64

Amendment to the Convention implementing the Schengen Agreement

Article 25 of the Convention implementing the Schengen Agreement is deleted.

Article 65

Repeal

Regulation (EC) No 1987/2006 is repealed from the date of application of this Regulation as set out in the first subparagraph of Article 66(5).

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in the Annex.

Article 66

Entry into force, start of operation and application

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

2.  No later than … [3 years after the entry into force of this Regulation], the Commission shall adopt a decision setting the date on which SIS operations start pursuant to this Regulation, after verification that the following conditions have been met:

(a)  the ▌implementing acts necessary for the application of this Regulation have been adopted;

(b)  Member States have notified the Commission ▌that they have made the necessary technical and legal arrangements to process SIS data and exchange supplementary information pursuant to this Regulation; and

(c)  eu-LISA has notified the Commission of the successful completion of all testing activities with regard to CS-SIS and to the interaction between CS-SIS and N.SIS.

3.   The Commission shall closely monitor the process of gradual fulfilment of the conditions set out in paragraph 2 and shall inform the European Parliament and the Council about the outcome of the verification referred to in that paragraph.

4.  By … [one year after the entry into force of this Regulation] and every year thereafter until the decision of the Commission referred to in paragraph 2 has been taken, the Commission shall submit a report to the European Parliament and to the Council on the state of play of preparations for the full implementation of this Regulation. That report shall contain also detailed information about the costs incurred and information as to any risks which may impact the overall costs.

5.  This Regulation shall apply from the date determined in accordance with paragraph 2.

By way of derogation from the first subparagraph:

(a)  Article 4(4), Article 5, Article 8(4), Article 9(1) and (5), Article 15(7), Article 19, Article 20(3) and (4), Article 32(4), Article 33(4), Article 47(4), Article 48(6), Article 60(6) and (9), Article 61, Article 62, points (1) to (6) and point (8) of Article 63, and paragraphs 3 and 4 of this Article shall apply from the date of entry into force of this Regulation;

(b)  point (9) of Article 63 shall apply from ... [one year after the entry into force of this Regulation];

(c)  point (7) of Article 63 shall apply from ... [two years after the entry into force of this Regulation].

6.  The Commission decision referred to in paragraph 2 shall be published in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at,

For the European Parliament For the Council

The President The President

ANNEX

Correlation table

Regulation (EC) No 1987/2006

This Regulation

Article 1

Article 1

Article 2

Article 2

Article 3

Article 3

Article 4

Article 4

Article 5

Article 5

Article 6

Article 6

Article 7

Article 7

Article 8

Article 8

Article 9

Article 9

Article 10

Article 10

Article 11

Article 11

Article 12

Article 12

Article 13

Article 13

Article 14

Article 14

Article 15

Article 15

Article 16

Article 16

Article 17

Article 17

Article 18

Article 18

Article 19

Article 19

Article 20

Article 20

Article 21

Article 21

Article 22

Articles 32 and 33

Article 23

Article 22

Article 23

Article 24

Article 24

Article 25

Article 26

Article 26

Article 25

Article 27

Article 28

Article 29

Article 30

Article 31

Article 27

Article 34

Article 27a

Article 35

Article 27b

Article 36

Article 37

Article 28

Article 38

Article 29

Article 39

Article 30

Article 40

Article 31

Article 41

Article 32

Article 42

Article 33

Article 43

Article 34

Article 44

Article 45

Article 35

Article 46

Article 36

Article 47

Article 37

Article 48

Article 38

Article 49

Article 39

Article 50

Article 40

Article 51

Article 41

Article 53

Article 42

Article 52

Article 43

Article 54

Article 44

Article 55

Article 45

Article 56

Article 46

Article 57

Article 47

Article 48

Article 58

Article 49

Article 59

Article 50

Article 60

Article 61

Article 51

Article 62

Article 52

Article 63

Article 64

Article 53

Article 65

Article 54

Article 55

Article 66

(1)Position of the European Parliament of 24 October 2018.
(2)OJ L 239, 22.9.2000, p. 19..
(3)Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II) (OJ L 328, 13.12.2001, p. 4).
(4)Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen Information System (SIS II ) (OJ L 328, 13.12.2001, p. 1).
(5)Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information system (SIS II) (OJ L 381, 28.12.2006, p. 4).
(6)Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information system (SIS II) (OJ L 205, 7.8.2007, p. 63).
(7)Regulation (EU) 2018/… of the European Parliament and of the Council of …on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L …).
(8)+ OJ: Please insert the serial number in the text and complete the publication reference in the footnote for Regulation contained in PE-CONS 36/18.
(9) Regulation (EU) 2018/... of the European Parliament and of the Council of … on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L … ).
(10)+ OJ: Please insert the number and complete the publication reference in the footnote for Regulation contained in PE-CONS 29/18.
(11)Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
(12)Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(13)Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
(14)Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).
(15) Regulation (EU) 2018/… of the European Parliament and of the Council of … on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L …).
(16)+ OJ: Please insert the serial number in the text and complete the publication reference in the footnote of the Regulation contained in PE-CONS 31/18.
(17)Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
(18) OJ L 56, 4.3.1968, p. 1.
(19)Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).
(20)Regulation (EU) No182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(21)+ OJ: Please insert the number of Regulation contained in PE-CONS 36/18.
(22)OJ L 123, 12.5.2016, p. 1.
(23)Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).
(24)Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).
(25)Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).
(26)OJ L 176, 10.7.1999, p.36.
(27)Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).
(28) OJ L 53, 27.2.2008, p. 52.
(29)Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).
(30)OJ L 160, 18.6.2011, p. 21.
(31)Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).
(32)Council Decision 2010/365/EU of 29 June 2010 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania (OJ L 166, 1.7.2010, p. 17).
(33) Council Decision (EU) 2018/934 of 25 June 2018 on the putting into effect of the remaining provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania (OJ L 165, 2.7.2018, p. 37).
(34)Council Decision (EU) 2017/733 of 25 April 2017 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Croatia (OJ L 108, 26.4.2017, p. 31).
(35) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
(36)Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
(37)Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).
(38)+ OJ: Please insert the serial number of Regulation contained in PE-CONS 29/18.
(39) Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (OJ L 295, 6.11.2013, p. 27).
(40)+ OJ: Please insert the number of Regulation contained in PE-CONS 36/18.
(41)Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60).
(42)Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network (OJ L 64, 2.3.2004, p. 1).
(43)Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).
(44)+ OJ: Please insert the number of Regulation contained in PE-CONS 36/18.
(45)+ OJ: Please insert the number of Regulation contained in PE-CONS 31/18.
(46)+ OJ: Please insert the number for Regulation contained in PE-CONS 36/18.
(47)+ OJ: Please insert the number of Regulation contained in PE-CONS 31/18.
(48)+ OJ: Please insert the number of Regulation contained in PE-CONS 31/18.
(49)+ OJ: Please insert the number of Regulation contained in PE-CONS 31/18.
(50)+ OJ: Please insert the number in the text and complete the publication reference in the footnote for Regulation contained in PE-CONS 31/18.


Establishment, operation and use of the Schengen Information System in the field of police cooperation and judicial cooperation in criminal matters ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 24 October 2018 on the proposal for a regulation of the European Parliament and of the Council on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending Regulation (EU) No 515/2014 and repealing Regulation (EC) No 1986/2006, Council Decision 2007/533/JHA and Commission Decision 2010/261/EU (COM(2016)0883 – C8-0530/2016 – 2016/0409(COD))
P8_TA-PROV(2018)0413A8-0349/2017

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2016)0883),

–  having regard to Article 294(2) and Articles 82(1), second subparagraph, point (d), 85(1), 87(2)(a) and 88(2)(a) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0530/2016),

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

–  having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 19 June 2018 to approve Parliament’s position, in accordance with Article 294(4) 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 (A8-0349/2017),

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.

Position of the European Parliament adopted at first reading on 24 October 2018 with a view to the adoption of Regulation (EU) 2018/… of the European Parliament and of the Council on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/ 2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU

P8_TC1-COD(2016)0409


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 82(1) second subparagraph point (d), Article 85(1), Articles 87(2)(a) and 88(2)(a) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure(1),

Whereas:

(1)  The Schengen Information System (SIS) constitutes an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union. SIS is one of the major compensatory measures contributing to maintaining a high level of security within the area of freedom, security and justice of the Union by supporting operational cooperation between national competent authorities, in particular border guards, the police, customs authorities, immigration authorities, and authorities responsible for the prevention, detection, investigation or prosecution of criminal offences or execution of criminal penalties.

(2)  SIS was initially set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 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(2) (the Convention implementing the Schengen Agreement). The development of the second generation of SIS (SIS II) was entrusted to the Commission pursuant to Council Regulation (EC) No 2424/2001(3) and Council Decision 2001/886/JHA(4).It was later established by Regulation (EC) No 1987/2006 of the European Parliament and of the Council(5) and by Council Decision 2007/533/JHA(6). SIS II replaced SIS as created pursuant to the Convention implementing the Schengen Agreement.

(3)  Three years after SIS II was brought into operation, the Commission carried out an evaluation of the system in accordance with Regulation (EC) No 1987/2006 and Decision 2007/533/JHA. On 21 December 2016, the Commission submitted the Report on the Evaluation of the Second Generation Schengen Information System (SIS II) in accordance with Articles 24(5), 43(3) and 50(5) of Regulation (EC) No 1987/2006 and Articles 59(3) and 66(5) of Decision 2007/533/JHA and an accompanying staff working document to the European Parliament and to the Council. The recommendations set out in those documents should be reflected, as appropriate, in this Regulation.

(4)  This Regulation constitutes the legal basis for SIS in respect of matters falling within the scope of Chapters 4 and 5 of Title V of Part Three of the Treaty on Functioning of the European Union (TFEU). Regulation (EU) 2018/… of the European Parliament and of the Council(7)(8) constitutes the legal basis for SIS in respect of matters falling within the scope of Chapter 2 of Title V of Part Three TFEU.

(5)  The fact that the legal basis for SIS consists of separate instruments does not affect the principle that SIS constitutes one single information system that should operate as such. It should include a single network of national offices called SIRENE Bureaux for ensuring the exchange of supplementary information. Certain provisions of those instruments should therefore be identical.

(6)  It is necessary to specify the objectives of SIS, certain elements of its technical architecture and its financing, to lay down rules concerning its end-to-end operation and use and to define responsibilities. It is also necessary to determine the categories of data to be entered into the system, the purposes for which the data are to be entered and processed and the criteria for their entry. Rules are also required to govern the deletion of alerts, the authorities authorised to access the data, the use of biometric data and to further determine data protection and data processing rules.

(7)  Alerts in SIS contain only the information necessary to identify a person or an object and for the action to be taken. Member States should therefore exchange supplementary information related to alerts where required.

(8)  SIS includes a central system (Central SIS) and national systems. The national systems might contain a complete or partial copy of the SIS database, which may be shared by two or more Member States. Considering that SIS is the most important information exchange instrument in Europe for ensuring security and effective border management, it is necessary to ensure its uninterrupted operation at central as well as at national level. The availability of SIS should be subject to close monitoring at central and Member State level and any incident of unavailability for end-users should be registered and reported to stakeholders at national and Union level. Each Member State should set up a backup for its national system. Member States should also ensure uninterrupted connectivity with Central SIS by having duplicated and physically and geographically separated connection points. Central SIS and the Communication Infrastructure should be operated in such a way that their functioning 24 hours a day, 7 days a week is ensured. For that reason the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (“eu-LISA”), established by Regulation (EU) 2018/… of the European Parliament and of the Council(9)(10) should implement technical solutions to reinforce the uninterrupted availability of SIS, subject to an independent impact assessment and cost-benefit analysis.

(9)  It is necessary to maintain a manual setting out the detailed rules for the exchange of ▌supplementary information concerning the actions called for by alerts (‘the SIRENE Manual’). The SIRENE Bureaux, should ensure the exchange of such information in a fast and efficient manner.

(10)  In order to ensure the efficient exchange of supplementary information, including on the action to be taken specified in alerts, it is appropriate to reinforce the functioning of the SIRENE Bureaux by specifying the requirements concerning the available resources and user training and the response time to inquiries they receive from other SIRENE Bureaux.

(11)  Member States should ensure that the staff of their SIRENE Bureau have the linguistic skills and knowledge of relevant law and procedural rules necessary to perform their tasks.

(12)  In order to be able to fully benefit from the functionalities of SIS, Member States should ensure that end-users and the staff of the SIRENE Bureaux regularly receive training, including on data security, data protection and data quality. SIRENE Bureaux should be involved in the development of training programmes. To the extent possible, SIRENE Bureaux should also provide for staff exchanges with other SIRENE Bureaux at least once a year. Member States are encouraged to take appropriate measures to avoid the loss of skills and experience through staff turnover.

(13)  The operational management of the central components of SIS are exercised by eu-LISA. In order to enable eu-LISA to dedicate the necessary financial and personal resources covering all aspects of the operational management of Central SIS and the Communication Infrastructure, this Regulation should set out its tasks in detail, in particular with regard to the technical aspects of the exchange of supplementary information.

(14)  Without prejudice to the responsibility of Member States for the accuracy of data entered into SIS and to the role of the SIRENE Bureaux as quality coordinators, eu-LISA should be responsible for reinforcing data quality by introducing a central data quality monitoring tool, and should provide reports at regular intervals to the Commission and to the Member States. The Commission should report to the European Parliament and to the Council on the data quality issues encountered. To further increase the quality of data in SIS, eu-LISA should also offer training on the use of SIS to national training bodies and, insofar as possible, to the SIRENE Bureaux and to end-users.

(15)  In order to allow better monitoring of the use of SIS and to analyse trends concerning criminal offences, eu-LISA should be able to develop a state-of-the-art capability for statistical reporting to the Member States, to the European Parliament, to the Council, to the Commission, to Europol, to Eurojust and to the European Border and Coast Guard Agency without jeopardising data integrity. Therefore, a central repository should be established. Statistics retained in or obtained from that repository should not contain any personal data. Member States should communicate statistics concerning exercise of the right of access, rectification of inaccurate data and erasure of unlawfully stored data in the framework of cooperation between supervisory authorities and the European Data Protection Supervisor under this Regulation.

(16)  New data categories should be introduced in SIS to allow end-users to take informed decisions based upon an alert without losing time. Therefore, in order to facilitate ▌ identification ▌and ▌detect multiple identities, the alert should, where such information is available, include a reference to the personal identification document of the individual concerned or its number and a copy, if possible in colour, of the document.

(17)  Competent authorities should be able, where strictly necessary, to enter into SIS specific information relating to any specific, objective, physical characteristics of a person which are not subject to change, such as tattoos, marks or scars.

(18)  Where available, all the relevant data, in particular the forename of the individual concerned, should be inserted when creating an alert, in order to minimise the risk of false hits and unnecessary operational activities.

(19)  SIS should not store any data used to carry out searches with the exception of keeping logs to verify whether the search is lawful, for monitoring the lawfulness of data processing, for self-monitoring and for ensuring the proper functioning of the national systems as well as for data integrity and security.

(20)  SIS should permit the processing of biometric data in order to assist in the reliable identification of the individuals concerned. Any entry of photographs, facial images or dactyloscopic data into SIS and any use of such data should be limited towhat is necessary for the objectives pursued, should be authorised by Union law, should respect fundamental rights, including the best interests of the child, and should be in accordance with Union law on data protection, including the relevant provisions on data protection laid down in this Regulation. In the same perspective, in order to avoid inconveniences caused by misidentification, SIS should also allow for the processing of data concerning individuals whose identity has been misused, subject to suitable safeguards ▌, to obtaining the consent of the individual concerned for each data category, in particular palm prints, and to a strict limitation of the purposes for which such personal data can be lawfully processed.

(21)  Member States should make the necessary technical arrangements so that each time end-users are entitled to carry out a search in a national police or immigration database, they also search SIS in parallel, subject to the principles set out in ▌Article 4 of Directive (EU) 2016/680 of the European Parliament and of the Council (11)and Article 5 of Regulation (EU) 2016/679 of the European Parliament and of the Council(12). This should ensure that SIS functions as the main compensatory measure in the area without internal border controls and better addresses the cross-border dimension of criminality and the mobility of criminals.

(22)  This Regulation should set out the conditions for use of dactyloscopic data, photographs and facial images for identification and verification purposes. Facial images and photographs should, for identification purposes, initially be used only in the context of regular border crossing points. Such use should be subject to a report by the Commission confirming the availability, reliability and readiness of the technology.

(23)  The introduction of an automated fingerprint identification service within SIS complements the existing Prüm mechanism on mutual cross-border online access to designated national DNA databases and automated fingerprint identification systems, as set out in Council Decisions 2008/615/JHA(13) and 2008/616/JHA(14). The SIS dactyloscopic data search allows an active search for the perpetrator. Therefore, it should be possible to upload the dactyloscopic data of an unknown perpetrator into SIS, provided that the owner of that data can be identified with a very high degree of probability as the perpetrator of a serious crime or act of terrorism. This is in particular the case if dactyloscopic data are found on the weapon or on any object used for the offence. The mere presence of the dactyloscopic data at the crime scene should not be considered as indicating a very high degree of probability that the dactyloscopic data are those of the perpetrator. A further precondition for the creation of such an alert should be that the identity of the suspect cannot be established on the basis of data from any other relevant national, Union or international database. Should a dactyloscopic data search lead to a potential match, the Member State should ▌carry out further checks with the involvement of ▌experts to establish whether the suspect is the owner of the prints stored in SIS, and should establish the identity of the person. The procedure should be subject to national law. Such identification could substantially contribute to the investigation and could lead to an arrest provided that all the conditions for an arrest are met.

(24)  It should be allowed to search dactyloscopic data stored in SIS with complete or incomplete sets of fingerprints or palm prints found at a crime scene if it can be established to a high degree of probability that they belong to the perpetrator of the serious crime or terrorist offence, provided that a search is carried out simultaneously in the relevant national fingerprint databases. Particular attention should be given to the establishment of quality standards applicable to the storage of biometric data, including latent dactyloscopic data.

(25)  Wherever the identity of a person cannot be ascertained by any other means, dactyloscopic data should be used to attempt identification. It should be allowed in all cases to identify a person by using dactyloscopic data.

(26)  It should be possible to add a DNA profile to an alert in clearly defined cases where dactyloscopic data are not available ▌. That DNA profile should only be accessible to authorised users. DNA profiles should facilitate the identification of missing persons in need of protection and particularly missing children, including by allowing the use of DNA profiles of direct ascendants, descendants or siblings to enable identification. DNA data should contain only the minimum information necessary for identification of the missing person.

(27)  DNA profiles should only be retrieved from SIS where identification is necessary and proportionate for the purposes laid down in this Regulation. DNA profiles should not be retrieved or processed for any other purpose than those for which they were entered into SIS. The data protection and security rules laid down in this Regulation should apply. Additional safeguards, if necessary, should be put in place when using DNA profiles in order to avoid any risk of false matches, hacking and unauthorised sharing with third parties.

(28)  SIS should contain alerts on persons wanted for arrest for surrender purposes and wanted for arrest for extradition purposes. In addition to alerts, it is appropriate to provide for the exchange of supplementary information through the SIRENE Bureaux which is necessary for the surrender and extradition procedures. In particular, data referred to in Article 8 of Council Framework Decision 2002/584/JHA(15) should be processed in SIS. Due to operational reasons, it is appropriate for the issuing Member State to make an existing alert for arrest temporarily unavailable upon the authorisation of the judicial authorities when a person who is the subject of a European Arrest Warrant is intensively and actively searched and end-users not involved in the concrete search operation may jeopardise the successful outcome. The temporary unavailability of such alerts should in principle not exceed 48 hours.

(29)  It should be possible to add to SIS a translation of the additional data entered for the purpose of surrender under the European Arrest Warrant and for the purpose of extradition.

(30)  SIS should contain alerts on missing persons or on vulnerable persons who need to be prevented from travelling to ensure their protection or to prevent threats to public security or to public order. In the case of children, these alerts and the corresponding procedures should serve the best interests of the child in accordance with Article 24 of the Charter of Fundamental Rights of the European Union and Article 3 of the United Nations Convention on the Rights of the Child of 20 November 1989. Actions and decisions by the competent authorities, including judicial authorities, following an alert on a child should be taken in cooperation with child protection authorities. The national hotline for missing children should be informed, where appropriate.

(31)  Alerts on missing persons who need to be placed under protection should be entered at the request of the competent authority. All children who have gone missing from Member States’ reception facilities should be the subject of an alert on missing persons in SIS.

(32)  Alerts on children at risk of parental child abduction should be entered into SIS at the request of competent authorities, including judicial authorities having jurisdiction in matters of parental responsibility under national law. Alerts on children at risk of parental child abduction should only be entered in SIS where this risk is concrete and apparent and in limited circumstances. Therefore it is necessary to provide for strict andappropriate safeguards. In assessing whether a concrete and apparent risk exists that a child may be imminently and unlawfully removed from a Member State, the competent authority should take into account the child’s personal circumstances and the environment to which the child is exposed.

(33)  This Regulation should establish a new category of alerts for certain categories of vulnerable persons who need to be prevented from travelling. Persons who, due to their age, disabilities, or their family circumstances require protection should be considered vulnerable.

(34)  Alerts on children who need to be prevented from travelling for their own protection should be entered into SIS if there is a concrete and apparent risk of them being removed from or leaving the territory of a Member State. Such alerts should be entered if the travel would put them at risk of becoming victims of trafficking in human beings or of forced marriage, female genital mutilation or other forms of gender-based violence, of becoming victims or being involved in terrorist offences, of being conscripted or enlisted into armed groups, or of being made to participate actively in hostilities.

(35)  Alerts on vulnerable adults who need to be prevented from travelling for their own protection should be entered if travel would put them at risk of becoming victims of trafficking in human beings or gender-based violence.

(36)  In order to guarantee strict and appropriate safeguards, alerts on children or other vulnerable persons who need to be prevented from travelling should, where required under national law, be entered into SIS following a decision by a judicial authority or a decision by a competent authority confirmed by a judicial authority.

(37)  A new action to be taken should be introduced to allow a person to be stopped and interviewed in order for the issuing Member State to obtain detailed information. This action should apply in cases where, based on a clear indication, a person is suspected of intending to commit or of committing any of the offences referred to in Article 2(1) and (2) of Framework Decision 2002/584/JHA, where further information is needed to execute a custodial sentence or detention order against a person convicted of any of the offences referred to in Article 2(1) and (2) of Framework Decision 2002/584/JHA, or where there is a reason to believe that he or she will commit any of those offences. This action to be taken should also be without prejudice to existing mutual legal assistance mechanisms. It should supply ▌sufficient information to decide upon further actions. This new action should not amount to searching the person nor to his or her arrest. The procedural rights of suspects and accused persons under Union and national law should be preserved, including their right to have access to a lawyer in accordance with Directive 2013/48/EU of the European Parliament and of the Council(16).

(38)  In the case of alerts on objects for seizure or use as evidence in criminal proceedings, the objects concerned should be seized in accordance with national law that determines if and in accordance with which conditions an object is to be seized, particularly if it is in the possession of its rightful owner.

(39)  SIS should contain new categories of objects of high value, such as items of information technology which can be identified and searched with a unique identification number.

(40)  As regards alerts entered into SIS on documents for seizure or use as evidence in criminal proceedings, the term "false" should be construed as encompassing both forged and counterfeit documents.

(41)  It should be possible for a Member State to add an indication, called a flag, to an alert, to the effect that the action to be taken on the basis of the alert will not be taken on its territory. When alerts are entered for arrest for surrender purposes, nothing in this Regulation should be construed so as to derogate from or prevent the application of the provisions contained in the Framework Decision 2002/584/JHA. The decision to add a flag to an alert with a view to the non-execution of a European Arrest Warrant should be based only on the grounds for refusal contained in that Framework Decision.

(42)  When a flag has been added and the whereabouts of the person wanted for arrest for surrender become known, the person’s whereabouts should always be communicated to the issuing judicial authority, which may decide to transmit a European Arrest Warrant to the competent judicial authority in accordance with the provisions of the Framework Decision 2002/584/JHA.

(43)  It should be possible for Member States to establish links between alerts in SIS. The establishment of links between two or more alerts should have no impact on the action to be taken, the review period for alerts or the access rights to the alerts.

(44)  Alerts should not be kept in SIS longer than the time required to fulfil the specific purposes for which they were entered. The review periods for different categories of alerts should be appropriate in light of their purpose. Alerts on objects which are linked to an alert on a person should only be kept for as long as the alert on the person is kept. Decisions to retain alerts on persons should be based on a comprehensive individual assessment. Member States should review alerts on persons and objects within the prescribed review periods and should keep statistics on the number of alerts ▌for which the retention period has been extended.

(45)  Entering an alert into SIS and extending the expiry date of an alert in SIS should be subject to a proportionality requirement involving examination of whether a concrete case is adequate, relevant and important enough to warrant insertion of an alert in SIS. Where terrorist offences are concerned, the case should be considered adequate, relevant and important enough to warrant an alert in SIS. For public or national security reasons, Member States should be allowed exceptionally to refrain from entering an alert into SIS when it is likely that this would obstruct official or legal inquiries, investigations or procedures.

(46)  It is necessary to establish rules concerning the deletion of alerts. An alert should be kept only for the time required to achieve the purpose for which it was entered. Considering the diverging practices of Member States in determining the point in time when an alert has fulfilled its purpose, it is appropriate to set out detailed criteria for each category of alert to determine when it should be deleted.

(47)  The integrity of SIS data is of primary importance. Therefore, appropriate safeguards should be provided to process SIS data at central as well as at national level to ensure the end-to-end security of the data. The authorities involved in the data processing should be bound by the security requirements of this Regulation and be subject to a uniform incident reporting procedure. Their staff should be appropriately trained and be informed of any offences and penalties in this respect.

(48)  Data processed in SIS and the related supplementary information exchanged pursuant to this Regulation should not be transferred or made available to third countries or to international organisations. ▌

(49)  It is appropriate to grant access to SIS to services responsible for registering vehicles, boats and aircraft in order to allow them to verify whether the conveyance concerned is being searched for in Member States for seizure. It is also appropriate to grant access to SIS to services responsible for registering firearms in order to allow them to verify whether the firearm concerned is being searched for in Member States for seizure or whether there is an alert on the person requesting the registration.

(50)  Direct access to SIS should only be provided to competent government services. This access should be limited to alerts concerning the respective conveyances and their registration document or number plate or firearms and persons requesting the registration. Any hit in SIS should be reported by such services to the police authorities, who should take further action in line with the particular alert in SIS and notify the issuing Member State of the hit through the SIRENE Bureaux.

(51)  Without prejudice to more specific rules laid down in this Regulation, the national laws, regulations and administrative provisions adopted pursuant to Directive (EU) 2016/680 should apply to the processing, including collection and communication of personal data under this Regulation by the national competent authorities for the purposes of the prevention, detection, investigation or prosecution of terrorist offences or other serious criminal offences or the execution of criminal penalties. Access to data entered into SIS and the right to search such data by national competent authorities which are responsible for the prevention, detection, investigation or prosecution of terrorist offences or other serious criminal offences or the execution of criminal penalties are to be subject to all relevant provisions of this Regulation and those of Directive (EU) 2016/680 as transposed into national law, and in particular to monitoring by the supervisory authorities referred to in Directive (EU) 2016/680.

(52)  Without prejudice to more specific rules laid down in this Regulation for the processing of personal data, Regulation (EU) 2016/679 should apply to the processing of personal data by the Member States under this Regulation unless such processing is carried out by the national competent ▌authorities for the purposes of the prevention, investigation, detection ▌or prosecution of terrorist offences ▌or ▌of other serious criminal offences ▌.

(53)  Regulation (EU).2018/… of the European Parliament and of the Council (17)(18) should apply to the processing of personal data by the institutions and bodies of the Union when carrying out their responsibilities under this Regulation.

(54)  Regulation (EU) 2016/794 of the European Parliament and of the Council(19) should apply to the processing of personal data by Europol under this Regulation.

(55)  ▌In cases when searches carried out in SIS by national members of Eurojust and their assistants reveal the existence of an alert entered by a Member State, Eurojust cannot take the requested action. Therefore, it should inform the Member State concerned to allow it to follow up the case.

(56)  When using SIS, the competent authorities should ensure that the dignity and integrity of the person whose data are processed are respected. Processing of personal data for the purposes of this Regulation is not to result in discrimination against persons on any grounds, such as sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

(57)  Insofar as confidentiality is concerned, the relevant provisions of the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68(20) ("Staff Regulations") should apply to officials or other servants employed and working in connection with SIS.

(58)  Both the Member States and eu-LISA should maintain security plans in order to facilitate the implementation of security obligations and should cooperate with each other in order to address security issues from a common perspective.

(59)  The national independent supervisory authorities referred to in Regulation (EU) 2016/679 and Directive (EU) 2016/680 ("supervisory authorities") should monitor the lawfulness of the processing of personal data by the Member States under this Regulation, including the exchange of supplementary information. The supervisory authorities should be granted sufficient resources to carry out this task. The rights of data subjects to access, rectify and erase their personal data that is stored in SIS, and any subsequent remedies before national courts as well as the mutual recognition of judgments should be provided for. It is also appropriate to require annual statistics from Member States.

(60)  The supervisory authorities should ensure that an audit of the data processing operations in their Member States’ national systems is carried out in accordance with international auditing standards at least every four years. The audit should either be carried out by the supervisory authorities, or the supervisory authorities should directly order the audit from an independent data protection auditor. The independent auditor should remain under the control and responsibility of the supervisory authorities concerned which therefore should instruct the auditor themselves and provide a clearly defined purpose, scope and methodology for the audit as well as guidance and supervision concerning the audit and its final results.

(61)  The European Data Protection Supervisor should monitor the activities of the Union institutions and bodies in relation to the processing of personal data under this Regulation. The European Data Protection Supervisor and the supervisory authorities should cooperate with each other in monitoring SIS.

(62)  The European Data Protection Supervisor should be granted sufficient resources to fulfil the tasks entrusted to it under this Regulation, including assistance from persons with expertise in biometric data.

(63)  Regulation (EU) 2016/794 provides that Europol is to support and strengthens actions carried out by the national competent authorities and their cooperation in combating terrorism and serious crime and to provide analysis and threat assessments. The extension of Europol's access rights to alerts on missing persons should further improve Europol's capacity to provide national law enforcement authorities with comprehensive operational and analytical products concerning trafficking in human beings and child sexual exploitation, including online. This would contribute to better prevention of those criminal offences, to the protection of potential victims and to the investigation of perpetrators. Europol's European Cybercrime Centre would also benefit from Europol having access to alerts on missing persons, including in cases of travelling sex offenders and child sexual abuse online, where perpetrators often claim that they have access to children or can get access to children who might have been registered as missing. ▌

(64)  In order to bridge the gap in information sharing on terrorism, in particular on foreign terrorist fighters – where monitoring of their movement is crucial – Member States are encouraged to share information on terrorism-related activity with Europol ▌. This information sharing should be carried out through the exchange of supplementary information with Europol on the alerts concerned. For this purpose Europol should set up a connection with the Communication Infrastructure.

(65)  It is also necessary to set out clear rules for Europol on the processing and downloading of SIS data to allow it to use SIS comprehensively, provided that data protection standards are complied with as provided for in this Regulation and Regulation (EU) 2016/794. In cases where searches carried out by Europol in SIS reveal the existence of an alert entered by a Member State, Europol cannot take the required action. Therefore it should inform the Member State concerned through the exchange of supplementary information with the respective SIRENE Bureau, to allow that Member State to follow up the case.

(66)  Regulation (EU) 2016/1624 of the European Parliament and of the Council(21) provides for the purpose of that Regulation, that the host Member State is to authorise the members of the teams referred to in point (8) of Article 2 of that Regulation, deployed by the European Border and Coast Guard Agency to consult Union databases where this consultation is necessary for fulfilling operational aims specified in the operational plan on border checks, border surveillance and return. Other relevant Union agencies, in particular the European Asylum Support Office and Europol, may also deploy experts who are not members of the staff of those Union agencies as part of migration management support teams. The objective of the deployment of the teams referred to in points (8) and (9) of Article 2 of that Regulation is to provide technical and operational reinforcement to the requesting Member States, especially to those facing disproportionate migratory challenges. For the teams referred to in points (8) and (9) of Article 2 of that Regulation to fulfil their tasks, they require access to SIS through a technical interface of the European Border and Coast Guard Agency connecting to Central SIS. In cases where searches in SIS carried out by the teams referred to in points (8) and (9) of Article 2 of Regulation (EU) 2016/1624 or by the teams of staff reveal the existence of an alert entered by a Member State, the member of the team or the staff cannot take the required action unless authorised to do so by the host Member State. Therefore, the host Member State should be informed to allow it to follow up the case. The host Member State should notify the issuing Member State of the hit through the exchange of supplementary information.

(67)  Certain aspects of SIS cannot be covered exhaustively by this Regulation given their technical, highly detailed and frequently changing nature. Those aspects include, for example, technical rules on entering data, on updating, deleting and searching data and on data quality ▌and rules related to biometric data rules on the compatibility and order of priority of alerts, on ▌links between alerts, ▌setting the expiry date of alerts within the maximum time limit and on the exchange of supplementary information. Implementing powers in respect of those aspects should therefore be conferred on the Commission. Technical rules on searching alerts should take into account the smooth operation of national applications.

(68)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(22). The procedure for adopting implementing acts under this Regulation and Regulation (EU) 2018/…(23) should be the same.

(69)  In order to ensure transparency, two years after the start of operations of SIS pursuant to this Regulation, eu-LISA should produce a report on the technical functioning of Central SIS and the Communication Infrastructure, including their security, and on the bilateral and multilateral exchange of supplementary information ▌. An overall evaluation should be issued by the Commission every four years.

(70)  In order to ensure the smooth functioning of SIS, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of new sub-categories of objects to be sought under alerts on objects for seizure or used as evidence in criminal proceedings, and the determination of the circumstances in which photographs and facial images may be used for the identification of persons other than in the context of regular border crossing points. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making(24). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(71)  Since the objectives of this Regulation, namely the establishment and regulation of a Union information system and the exchange of related supplementary information, cannot be sufficiently achieved by the Member States, but can rather, by reason of their nature be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(72)  This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation fully respects the protection of personal data in accordance with Article 8 of the Charter of Fundamental Rights of the European Union while seeking to ensure a safe environment for all persons residing on the territory of the Union and special protection for children who could be victim of trafficking or ▌abduction ▌. In cases concerning children, the best interests of the child should be a primary consideration.

(73)  In accordance with Articles 1 and 2 of Protocol No 22 on the Position of Denmark annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law.

(74)  The United Kingdom is taking part in this Regulation in accordance with Article 5(1) of ▌Protocol No 19 on the Schengen acquis integrated into the framework of the European Union annexed to the TEU and to the TFEU and Article 8(2) of Council Decision 2000/365/EC(25) ▌.

(75)  Ireland is taking part in this Regulation in accordance with Article 5(1) of ▌Protocol No 19 annexed to the TEU and to the TFEU and Article 6(2) of Council Decision 2002/192/EC(26).

(76)  As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis(27), which fall within the area referred to in Article 1, point (G) of Council Decision 1999/437/EC(28).

(77)  As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement ▌between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis(29), which fall within the area referred to in Article 1, point (G), of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/149/JHA(30).

(78)  As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis(31), which fall within the area referred to in Article 1, point (G), of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/349/EU(32) ▌.

(79)  As regards Bulgaria and Romania, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 4(2) of the 2005 Act of Accession and should be read in conjunction with Council Decisions 2010/365/EU(33) and (EU) 2018/934(34).

(80)  As regards Croatia, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 4(2) of the 2011 Act of Accession and should be read in conjunction with Council Decision (EU) 2017/733(35).

(81)  Concerning Cyprus ▌this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within ▌the meaning of Article 3(2) of the 2003 ▌Act of Accession.

(82)  This Regulation should apply to Ireland on dates determined in accordance with the procedures set out in the relevant instruments concerning the application of the Schengen acquis to this State.

(83 This Regulation introduces a series of improvements to SIS which will increase its effectiveness, strengthen data protection and extend access rights. Certain of those improvements do not require complex technical developments, while others do require technical changes of varying magnitude. In order to enable improvements to the system to become available to end-users as soon as possible, this Regulation introduces amendments to Decision 2007/533/JHA in several phases. A number of improvements to the system should apply immediately upon entry into force of this Regulation, whereas others should apply either one or two years after its entry into force. This Regulation should apply in its entirety within three years after its entry into force. In order to avoid delays in its application the phased implementation of this Regulation should be closely monitored.

(84)  Regulation (EC) No 1986/2006 of the European Parliament and of the Council(36), Decision 2007/533/JHA and Commission Decision 2010/261/EU(37) should be repealed with effect from the date of full application of this Regulation.

(85)  The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council(38) and delivered an opinion on 3 May 2017,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

General purpose of SIS

The purpose of SIS shall be to ensure a high level of security within the area of freedom, security and justice of the Union including the maintenance of public security and public policy and the safeguarding of security in the territories of the Member States, and to ensure the application of the provisions of Chapter 4 and Chapter 5 of Title V of Part Three TFEU relating to the movement of persons on their territories, using information communicated through this system.

Article 2

Subject matter

1.  This Regulation establishes the conditions and procedures for the entry and processing of alerts in SIS on persons and objects and for the exchange of supplementary information and additional data for the purpose of police and judicial cooperation in criminal matters.

2.  This Regulation also lays down provisions on the technical architecture of SIS, on the responsibilities of the Member States and of the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), on data processing, on the rights of the persons concerned and on liability.

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

(1)  ‘alert’ means a set of data ▌entered into SIS allowing the competent authorities to identify a person or an object with a view to taking specific action;

(2)  ‘supplementary information’ means information not forming part of the alert data stored in SIS, but connected to alerts in SIS, which is to be exchanged through the SIRENE Bureaux:

(a)  in order to allow Member States to consult or inform each other when entering an alert;

(b)  following a hit in order to allow the appropriate action to be taken;

(c)  when the required action cannot be taken;

(d)  when dealing with the quality of SIS data;

(e)  when dealing with the compatibility and priority of alerts;

(f)  when dealing with rights of access;

(3)  ‘additional data’ means the data stored in SIS and connected with alerts in SIS which are to be immediately available to the competent authorities where a person in respect of whom data has been entered in SIS is located as a result of conducting a search in SIS;

(4)  ‘personal data’ means personal data as defined in point 1 of Article 4 of Regulation (EU) 2016/679;

(5)  ‘processing of personal data’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, logging, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

(6)  a ‘match’ ▌means the occurrence of the following steps:

(a)  a search has been conducted in SIS by an end-user;

(b)  that search has revealed an alert entered into SIS by another Member State; and

(c)  data concerning the alert in SIS match the search data; ▌

(7)  a ‘hit’ means any match which fulfils the following criteria:

(a)  it has been confirmed by:

(i)  the end-user, or

(ii)  the competent authority in accordance with national procedures, where the match concerned was based on the comparison of biometric data;

and

(b)  further actions are requested;

(8)  ‘flag’ means a suspension of the validity of an alert at the national level that may be added to alerts for arrest, alerts on missing and vulnerable persons and alerts for discreet, inquiry and specific checks ▌;

(9)  ‘issuing Member State’ means the Member State which entered the alert into SIS;

(10)  ‘executing Member State’ means the Member State which takes or has taken the required actions following a hit;

(11)  ‘end-user’ means a a member of staff of a competent authority authorised to search directly CS-SIS, N.SIS or a technical copy thereof;

(12)  'biometric data' means personal data resulting from specific technical processing relating to the physical or physiological characteristics of a natural person, which allow or confirm the unique identification of that natural person, namely photographs, facial images, dactyloscopic data and DNA profile;

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

(14)  'facial image' means digital images of the face with sufficient image resolution and quality to be used in automated biometric matching;

(15)  'DNA profile' means a letter or number code which represents a set of identification characteristics of the noncoding part of an analysed human DNA sample, namely the particular molecular structure at the various DNA locations (loci);

(16)  ‘terrorist offences’ means offences under national law referred to in Articles 3 to 14 of Directive (EU) 2017/541 of the European Parliament and of the Council (39), or equivalent to one of those offences for the Member States which are not bound by that Directive;

(17)  'threat to public health' means a threat to public health as defined in point (21) of Article 2 of Regulation (EU) 2016/399 of the European Parliament and of the Council(40).

Article 4

Technical architecture and ways of operating SIS

1.  SIS shall be composed of:

(a)  a central system (Central SIS) composed of:

(i)   a technical support function (‘CS-SIS’) containing a database (the ‘SIS database’), and including a backup CS-SIS,

(ii)   a uniform national interface (’NI-SIS’);

(b)  a national system (N.SIS) in each of the Member States, consisting of the national data systems which communicate with Central SIS, including at least one national or shared backup N.SIS; and

(c)  a communication infrastructure between CS-SIS, backup CS-SIS and NI-SIS (“the Communication Infrastructure”) that provides an encrypted virtual network dedicated to SIS data and the exchange of data between SIRENE Bureaux, as referred to in Article 7(2).

An N.SIS as referred to in point (b) may contain a data file (a ‘national copy’) containing a complete or partial copy of the SIS database ▌. Two or more Member States may establish in one of their N.SIS a shared copy which may be used jointly by those Member States. Such shared copy shall be considered as the national copy of each of those Member States.

A shared backup N.SIS as referred to in point (b) may be used jointly by two or more Member States. In such cases, the shared backup N.SIS shall be considered as the backup N.SIS of each of those Member States. The N.SIS and its backup may be used simultaneously to ensure uninterrupted availability to end-users.

Member States intending to establish a shared copy or shared backup N.SIS to be used jointly shall agree their respective responsibilities in writing. They shall notify their arrangement to the Commission.

The Communication Infrastructure shall support and contribute to ensuring the uninterrupted availability of SIS. It shall include redundant and separated paths for the connections between CS-SIS and the backup CS-SIS and shall also include redundant and separated paths for the connections between each SIS national network access point and CS-SIS and backup CS-SIS.

2.  Member States shall enter, update, delete and search SIS data through their own N.SIS. The Member States using a partial or a complete national copy or a partial or complete shared copy shall make that copy available for the purpose of carrying out automated searches in the territory of each of those Member States. The partial national or shared copy shall contain at least the data listed in points (a) to (v) of Article 20 ▌(3) ▌. It shall not be possible to search the data files of other Member States' N.SIS except in the case of shared copies.

3.  CS-SIS shall perform technical supervision and administration functions and have a backup CS-SIS, capable of ensuring all functionalities of the principal CS-SIS in the event of failure of that system. CS-SIS and the backup CS-SIS shall be located in the two technical sites of eu-LISA.

4.  eu-LISA shall implement technical solutions to reinforce the uninterrupted availability of SIS either through the simultaneous operation of CS-SIS and the backup CS-SIS, provided that the backup CS-SIS remains capable of ensuring the operation of SIS in the event of a failure of CS-SIS, or through duplication of the system or its components. Notwithstanding the procedural requirements laid down in Article 10 of Regulation 2018/...(41) eu-LISA shall no later than ... [one year after the entry into force of this Regulation], prepare a study on the options for technical solutions, containing an independent impact assessment and cost-benefit analysis.

5.  Where necessary in exceptional circumstances, eu-LISA may temporarily develop an additional copy of the SIS database.

6.  CS-SIS shall provide the services necessary for the entry and processing of SIS data, including searches in the SIS database. For the Member States which use a national or shared copy, CS-SIS shall:

(a)  provide online updates for the national copies;

(b)  ensure synchronisation of and consistency between the national copies and the ▌ SIS database; and

(c)  provide the operation for initialisation and restoration of the national copies;

7.  CS-SIS shall provide uninterrupted availability.

Article 5

Costs

1.  The costs of operating, maintaining and further developing Central SIS and the Communication Infrastructure shall be borne by the general budget of the Union. ▌Those costs shall include work done with respect to CS-SIS, in order to ensure the provision of the services referred to in Article 4(6).

2.  The costs of setting up, operating, maintaining and further developing each N.SIS shall be borne by the Member State concerned.

CHAPTER II

RESPONSIBILITIES OF THE MEMBER STATES

Article 6

National systems

Each Member State shall be responsible for setting up, operating, maintaining and further developing its N.SIS and connecting it to NI-SIS.

Each Member State shall be responsible for ensuring the ▌uninterrupted availability of SIS data to ▌end-users.

Each Member State shall transmit its alerts through its N.SIS.

Article 7

N.SIS Office and SIRENE Bureau

1.  Each Member State shall designate an authority (the N.SIS Office), which shall have central responsibility for its N.SIS.

That authority shall be responsible for the smooth operation and security of the N.SIS, shall ensure the access of the competent authorities to SIS and shall take the necessary measures to ensure compliance with this Regulation. It shall be responsible for ensuring that all functionalities of SIS are made available to the end users appropriately.

2.  Each Member State shall designate a national authority which shall be operational 24 hours a day, 7 days a week and which shall ensure the exchange and availability of all supplementary information (the SIRENE Bureau) in accordance with the SIRENE Manual. Each SIRENE Bureau shall serve as a single contact point for its Member State to exchange supplementary information regarding alerts and to facilitate the requested actions to be taken when alerts on persons or objects have been entered in SIS and those persons or objects are located following a hit.

Each SIRENE Bureau shall, in accordance with national law, have easy direct or indirect access to all relevant national information, including national databases and all information on its Member States’ alerts, and to expert advice, in order to be able to react to requests for supplementary information swiftly and within the deadlines provided for in Article 8.

The SIRENE Bureaux shall coordinate the verification of the quality of the information entered in SIS. For those purposes they shall have access to data processed in SIS.

3.  The Member States shall provide eu-LISA with details of their N.SIS Office and of their SIRENE Bureau. eu-LISA shall publish the list of the N.SIS Offices and the SIRENE Bureaux together with the list referred to in Article 56(7).

Article 8

Exchange of supplementary information

1.  Supplementary information shall be exchanged in accordance with the provisions of the SIRENE Manual and using the Communication Infrastructure. Member States shall provide the necessary technical and human resources to ensure the continuous availability and timely and effective exchange of supplementary information. In the event that the Communication Infrastructure is unavailable, Member States shall use other adequately secured technical means to exchange supplementary information. A list of adequately secured technical means shall be laid down in the SIRENE Manual.

2.  Supplementary information shall be used only for the purpose for which it was transmitted in accordance with Article 64 unless prior consent for another use is obtained from the issuing Member State.

3.  The SIRENE Bureaux shall carry out their tasks in a quick and efficient manner, in particular by replying to a request for supplementary information as soon as possible but not later than 12 hours after the receipt of the request. In case of alerts for terrorist offences, of alerts on persons wanted for arrest for surrender or extradition purposes, and in cases of alerts on children referred to in point (c) of Article 32(1) the SIRENE Bureaux shall act immediately.

Requests for supplementary information with the highest priority shall be marked ‘URGENT’ in the SIRENE forms, and the reason for the urgency shall be specified.

4.  The Commission shall adopt implementing acts to lay down detailed rules for the tasks of the SIRENE Bureaux pursuant to this Regulation and the exchange of supplementary information in the form of a manual entitled the ‘SIRENE Manual’. Those implementing acts shall be adopted ▌in accordance with the examination procedure referred to in Article 76(2) ▌.

Article 9

Technical and functional compliance

1.  When setting up its N.SIS, each Member State shall comply with common standards, protocols and technical procedures established to ensure the compatibility of its N.-SIS with Central SIS for the prompt and effective transmission of data. ▌

2.  If a Member State uses a national copy, it shall ensure, by means of the services provided by CS-SIS and by means of automatic updates referred to in Article 4(6), that the data stored in the national copy are identical to and consistent with the SIS database and that a search in its national copy produces a result equivalent to that of a search in the SIS database.

3.  End-users shall receive the data required to perform their tasks, in particular, and where necessary, all the available data allowing for the identification of the data subject and ▌for the requested action to be taken.

4.  Member States and eu-LISA shall undertake regular tests to verify the technical compliance of the national copies referred to in paragraph 2. The results of those tests shall be taken into consideration as part of the mechanism established by Council Regulation (EU) No 1053/2013(42).

5.  The Commission shall adopt implementing acts to lay down and develop common standards, protocols and technical procedures, referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Article 10

Security – Member States

1.  Each Member State shall, in relation to its N.SIS, adopt the necessary measures, including a security plan, a business continuity plan and a disaster recovery plan, in order to:

(a)  physically protect data, including by making contingency plans for the protection of critical infrastructure;

(b)  deny unauthorised persons access to data-processing facilities used for processing personal data (facilities access control);

(c)  prevent the unauthorised reading, copying, modification or removal of data media (data media control);

(d)  prevent the unauthorised input of data and the unauthorised inspection, modification or deletion of stored personal data (storage control);

(e)  prevent the use of automated data-processing systems by unauthorised persons using data communication equipment (user control);

(f)  prevent the unauthorised processing of data in SIS and any unauthorised modification or erasure of data processed in SIS (control of data entry);

(g)  ensure that persons authorised to use an automated data-processing system have access only to the data covered by their access authorisation, by means of individual and unique user identifiers and confidential access modes only (data access control);

(h)  ensure that all authorities with a right of access to SIS or to the data processing facilities create profiles describing the functions and responsibilities of persons who are authorised to access, enter, update, delete and search the data and make those profiles available to the supervisory authorities referred to in Article 69(1) without delay upon their request (personnel profiles);

(i)  ensure that it is possible to verify and establish to which bodies personal data may be transmitted using data communication equipment (communication control);

(j)  ensure that it is subsequently possible to verify and establish which personal data have been input into automated data-processing systems, when, by whom and for what purpose (input control);

(k)  prevent the unauthorised reading, copying, modification or deletion of personal data during the transmission of personal data or during the transport of data media, in particular by means of appropriate encryption techniques (transport control);

(l)  monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation (self-auditing);

(m)  ensure that, in the event of interruption, installed systems can be restored to normal operation (recovery); and

(n)  ensure that SIS performs its functions correctly, that faults are reported (reliability) and that personal data stored in SIS cannot be corrupted by means of the system malfunctioning (integrity).

2.  Member States shall take measures equivalent to those referred to in paragraph 1 as regards security in respect of the processing and exchange of supplementary information, including by securing the premises of the SIRENE Bureaux.

3.  Member States shall take measures equivalent to those referred to in paragraph 1 of this Article as regards security in respect of the processing of SIS data by the authorities referred to in Article 44.

4.  The measures described in paragraphs 1, 2 and 3 may be part of a generic security approach and plan at national level encompassing multiple IT systems. In such cases, the requirements set out in this Article and their applicability to SIS shall be clearly identifiable in and ensured by that plan.

Article 11

Confidentiality – Member States

1.  Each Member State shall apply its rules of professional secrecy or other equivalent duties of confidentiality to all persons and bodies required to work with SIS data and supplementary information, in accordance with its national law. That obligation shall also apply after those persons leave office or employment or after the termination of the activities of those bodies.

2.  Where a Member State cooperates with external contractors in any SIS-related tasks, it shall closely monitor the activities of the contractor to ensure compliance with all provisions of this Regulation, in particular on security, confidentiality and data protection.

3.  The operational management of N.SIS or of any technical copies shall not be entrusted to private companies or private organisations.

Article 12

Keeping of logs at national level

1.  Member States shall ensure that every access to and all exchanges of personal data within CS-SIS are logged in their N.SIS for the purposes of checking whether the search was lawful, monitoring the lawfulness of data processing, self-monitoring, ensuring the proper functioning of N.SIS, as well as for data integrity and security. This requirement does not apply to the automatic processes referred to in points (a), (b) and (c) of Article 4(6).

2.  The logs shall show, in particular, the history of the alert, the date and time of the data processing activity, the data used to perform a search, a reference to the data processed and the individual and unique user identifiers of both the competent authority and the person ▌processing the data.

3.  By way of derogation from paragraph 2 of this Article, if the search is carried out with dactyloscopic data or a facial image in accordance with Article 43, the logs shall show ▌the type of data used to perform the search instead of the actual data.

4.  The logs shall only be used for the purpose referred to in paragraph 1 and shall be deleted three years after their creation. The logs which include the history of alerts shall be deleted three years after deletion of the alerts.

5.  Logs may be kept for longer than the periods referred to in paragraph 4 if they are required for monitoring procedures that are already underway.

6.  The national competent authorities in charge of checking whether searches are lawful, monitoring the lawfulness of data processing, self-monitoring and ensuring the proper functioning of N.SIS and data integrity and security, shall have access, within the limits of their competence and at their request, to the logs for the purpose of fulfilling their duties.

7.  Where Member States, in accordance with national law, carry out automated scanned searches of the number plates of motor vehicles, using Automatic Number Plate Recognition systems, Member States shall maintain a log of the search in accordance with national law. If necessary, a full search may be carried out in SIS in order to verify whether a hit has been achieved. Paragraphs 1 to 6 shall apply to any full search.

8.  The Commission shall adopt implementing acts to establish the content of the log, referred to in paragraph 7 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Article 13

Self-monitoring

Member States shall ensure that each authority entitled to access SIS data takes the measures necessary to comply with this Regulation and cooperates, where necessary, with the supervisory authority.

Article 14

Staff training

1.  Before being authorised to process data stored in SIS and periodically after access to SIS data has been granted, the staff of the authorities having a right to access SIS shall receive appropriate training on data security, on fundamental rights including data -protection, and on the rules and procedures for data processing set out in the SIRENE Manual. The staff shall be informed of any relevant provisions on criminal offences and penalties, including those provided for in Article 73.

2.  Member States shall have a national SIS training programme which shall include training for end-users as well as the staff of the SIRENE Bureaux.

That training programme may be part of a general training programme at national level encompassing training in other relevant areas.

3.  Common training courses shall be organised at Union level at least once a year to enhance cooperation between SIRENE Bureaux.

CHAPTER III

RESPONSIBILITIES OF eu-LISA

Article 15

Operational management

1.  eu-LISA shall be responsible for the operational management of Central SIS. eu-LISA shall, in cooperation with the Member States, ensure that at all times the best available technology is used for Central SIS, subject to a cost-benefit analysis.

2.  eu-LISA shall also be responsible for the following tasks relating to the Communication Infrastructure:

(a)  supervision;

(b)  security;

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

(d)  tasks relating to implementation of the budget;

(e)  acquisition and renewal; and

(f)  contractual matters.

3.  eu-LISA shall also be responsible for the following tasks relating to the SIRENE Bureaux and communication between the SIRENE Bureaux:

(a)  the coordination ▌, management and support of testing activities;

(b)  the maintenance and updating of technical specifications for the exchange of supplementary information between SIRENE Bureaux and the Communication Infrastructure; and

(c)  managing the impact of technical changes where it affects both SIS and the exchange of supplementary information between SIRENE Bureaux.

4.  eu-LISA shall develop and maintain a mechanism and procedures for carrying out quality checks on the data in CS-SIS. It shall provide regular reports to the Member States in this regard.

eu-LISA shall provide a regular report to the Commission covering the issues encountered and the Member States concerned. ▌

The Commission shall provide the European Parliament and the Council with a regular report on data quality issues that are encountered.

5.  eu-LISA shall also perform tasks related to providing training on the technical use of SIS and on measures for improving the quality of SIS data.

6.  The operational management of Central SIS shall consist of all the tasks necessary to keep Central SIS functioning 24 hours a day, 7 days a week in accordance with this Regulation, in particular the maintenance work and technical developments necessary for the smooth running of the system. Those tasks shall also include the coordination, management and support of testing activities for Central SIS and the N.SIS that ensure that Central SIS and the N.SIS operate in accordance with the requirements for technical and functional compliance set out in Article 9.

7.  The Commission shall adopt implementing acts to set out the technical requirements for the Communication Infrastructure. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Article 16

Security ­­ eu-LISA

1.  eu-LISA shall adopt the necessary measures, including ▌a security plan, a business continuity plan and a disaster recovery plan for Central SIS and the Communication Infrastructure in order to:

(a)  physically protect data, including by making contingency plans for the protection of critical infrastructure;

(b)  deny unauthorised persons access to data-processing facilities used for processing personal data (facilities access control);

(c)  prevent the unauthorised reading, copying, modification or removal of data media (data media control);

(d)  prevent the unauthorised input of data and the unauthorised inspection, modification or deletion of stored personal data (storage control);

(e)  prevent the use of automated data-processing systems by unauthorised persons using data communication equipment (user control);

(f)  prevent the unauthorised processing of data in SIS and any unauthorised modification or erasure of data processed in SIS (control of data entry);

(g)  ensure that persons authorised to use an automated data-processing system have access only to the data covered by their access authorisation by means of individual and unique user identifiers and confidential access modes only (data access control);

(h)  create profiles describing the functions and responsibilities of persons who are authorised to access the data or the data processing facilities and make those profiles available to the European Data Protection Supervisor without delay upon its request (personnel profiles);

(i)  ensure that it is possible to verify and establish to which bodies personal data may be transmitted using data communication equipment (communication control);

(j)  ensure that it is subsequently possible to verify and establish which personal data have been input into automated data-processing systems, when and by whom (input control);

(k)  prevent the unauthorised reading, copying, modification or deletion of personal data during the transmission of personal data or during the transport of data media, in particular by means of appropriate encryption techniques (transport control);

(l)  monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation (self-auditing).

(m)  ensure that, in the event of interrupted operations, installed systems can be restored to normal operation (recovery);

(n)  ensure that SIS performs its functions correctly, that faults are reported (reliability) and that personal data stored in SIS cannot be corrupted by means of the system malfunctioning (integrity); and

(o)  ensure the security of its technical sites.

2.  eu-LISA shall take measures equivalent to those referred to in paragraph 1 as regards security in respect of the processing and exchange of supplementary information through the Communication Infrastructure.

Article 17

Confidentiality – ▌eu-LISA

1.  Without prejudice to Article 17 of the Staff Regulations, eu-LISA shall apply appropriate rules of professional secrecy or other equivalent duties of confidentiality of a comparable standard to those laid down in Article 11 of this Regulation to all its staff required to work with SIS data. That obligation shall also apply after those persons leave office or employment or after the termination of their activities.

2.  eu-LISA shall take measures equivalent to those referred to in paragraph 1 as regards confidentiality in respect of the exchange of supplementary information through the Communication Infrastructure.

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

4.  The operational management of CS-SIS shall not be entrusted to private companies or private organisations.

Article 18

Keeping of logs at central level

1.  eu-LISA shall ensure that every access to and all exchanges of personal data within CS-SIS are logged for the purposes stated in Article 12(1).

2.  The logs shall show, in particular, the history of the alert, the date and time of the data processing activity, the ▌data used to perform a search, a reference to the ▌data processed and the individual and unique user identifiers of the competent authority ▌processing the data.

3.  By way of derogation from paragraph 2 of this Article, if the search is carried out with dactyloscopic data or facial images in accordance with Article 43, the logs shall show ▌ the type of data used to perform the search instead of the actual data.

4.  The logs shall only be used for the purposes referred to in paragraph 1 and shall be deleted ▌three years ▌after their creation. The logs which include the history of alerts shall be deleted three years after deletion of the alerts.

5.  Logs may be kept longer than the periods referred to in paragraph 4 if they are required for monitoring procedures that are already underway.

6.   For the purposes of self-monitoring and ensuring the proper functioning of CS-SIS, data integrity and security, eu-LISA shall have access to the logs within the limits of its competence.

The European Data Protection Supervisor shall have access to those logs on request, within the limits of its competence and for the purpose of fulfilling its tasks.

CHAPTER IV

INFORMATION TO THE PUBLIC

Article 19

SIS information campaigns

At the start of the application of this Regulation, the Commission, in cooperation with the supervisory authorities and the European Data Protection Supervisor, shall ▌carry out a campaign informing the public about the objectives of SIS, the data stored in SIS, the authorities having access to SIS and the rights of data subjects. The Commission shall repeat such campaigns regularly, in cooperation with the supervisory authorities and the European Data Protection Supervisor. The Commission shall maintain a website available to the public providing all relevant information concerning SIS. Member States shall, in cooperation with their supervisory authorities, devise and implement the necessary policies to inform their citizens and residents about SIS generally.

CHAPTER V

CATEGORIES OF DATA AND FLAGGING

Article 20

Categories of data

1.  Without prejudice to Article 8(1) or to the provisions of this Regulation providing for the storage of additional data, SIS shall contain only those categories of data which are supplied by each Member State, as required for the purposes laid down in Articles 26, 32, 34, 36, 38 and 40.

2.  The categories of data shall be as follows:

(a)  information on persons in relation to whom an alert has been entered;

(b)  information on objects referred to in Articles 26, 32, 34, 36 and 38.

3.  Any alert in SIS which includes information on persons ▌shall contain only the following data:

(a)  surnames;

(b)  forenames;

(c)  names at birth;

(d)  previously used names and aliases;

(e)  any specific, objective, physical characteristics not subject to change;

(f)  place of birth;

(g)  date of birth;

(h)  gender;

(i)  any nationalities held;

(j)  whether the person concerned:

(i)  is armed;

(ii)  is violent;

(iii)  has absconded or escaped;

(iv)  poses a risk of suicide;

(v)  poses a threat to public health; or

(vi)   is involved in an activity referred to in Articles 3 to 14 of Directive (EU) 2017/541;

(k)  the reason for the alert;

(l)  the authority which created the alert;

(m)  a reference to the decision giving rise to the alert;

(n)  the action to be taken in the case of a hit;

(o)  links to other alerts pursuant to Article 63;

(p)  the type of offence ▌;

(q)  the person’s registration number in a national register;

(r)  ▌for alerts referred to in Article 32(1), a categorisation of the type of case;

(s)  the category of the person’s identification documents;

(t)  the country of issue of the person’s identification documents;

(u)  the number(s) of the person’s identification documents;

(v)  the date of issue of the person’s identification documents;

(w)  photographs and facial images;

(x)  in accordance with Article 42 (3), relevant DNA profiles ▌;

(y)  dactyloscopic data;

(z)  a ▌copy of the identification documents, in colour wherever possible.

4.  The Commission shall adopt implementing acts to lay down and develop the technical rules necessary for entering, updating, deleting and searching the data referred to in paragraphs 2 and 3 of this Article and the common standards referred to in paragraph 5 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

5.  ▌Technical rules shall be similar for searches in CS-SIS, in national or shared copies and in technical copies made under Article 56(2) . They shall be based on common standards ▌.

Article 21

Proportionality

1.  Before entering an alert and when extending the period of validity of an alert, Member States shall determine whether the case is adequate, relevant and important enough to warrant an alert in SIS.

2.  Where a person or an object is sought under an alert related to a terrorist offence, the case shall be considered adequate, relevant and important enough to warrant an alert in SIS. For public or national security reasons, Member States may exceptionally refrain from entering an alert when it is likely to obstruct official or legal inquiries, investigations or procedures.

Article 22

Requirement for an alert to be entered

1.  The minimum set of data necessary in order to enter an alert into SIS shall be the data referred to in points (a), (g), (k) and (n) of Article 20(3), except for in the situations referred to in Article 40. The other data referred to in that paragraph shall also be entered into SIS, if available.

2.  The data referred to in point (e) of Article 20(3) of this Regulation shall only be entered when this is strictly necessary for the identification of the person concerned. When such data are entered, Member States shall ensure that Article 10 of Directive (EU) 2016/680 is complied with.

Article 23

Compatibility of alerts

1.  Before entering an alert, the Member State shall check whether the person or the object concerned is already the subject of an alert in SIS. To check whether the person is already the subject of an alert, a check with dactyloscopic data shall also be carried out if such data are available.

2.  Only one alert per person or per object per Member State shall be entered into SIS. Where necessary, new alerts may be entered on the same person or object by other Member States, in accordance with paragraph 3.

3.  Where a person or an object is already the subject of an alert in SIS, a Member State wishing to enter a new alert shall check that there is no incompatibility between the alerts. If there is no incompatibility, the Member State may enter the new alert. If the alerts are incompatible, the SIRENE Bureaux of the Member States concerned shall consult each other by exchanging supplementary information in order to reach an agreement. Rules on the compatibility of alerts shall be laid down in the SIRENE Manual. Departures from the compatibility rules may be made after consultation between the Member States if essential national interests are at stake.

4.  In the case of hits on multiple alerts on the same person or object, the executing Member State shall observe the priority rules for alerts laid down in the SIRENE Manual.

If a person is subject to multiple alerts entered by different Member States, alerts for arrest entered in accordance with Article 26 shall be executed as a priority, subject to Article 25.

Article 24

General provisions on flagging

1.  Where a Member State considers that to give effect to an alert entered in accordance with Article 26, 32 or 36 is incompatible with its national law, its international obligations or essential national interests, it may require that a flag be added to the alert to the effect that the action to be taken on the basis of the alert will not be taken in its territory. The flag shall be added by the SIRENE Bureau of the issuing Member State.

2.  In order to enable Member States to require that a flag be added to an alert entered in accordance with Article 26, all Member States shall be notified automatically of any new alert of that category through the exchange of supplementary information.

3.  If in particularly urgent and serious cases, an issuing Member State requests the execution of the action, the executing Member State shall examine whether it is able to allow the flag added at its behest to be withdrawn. If the executing Member State is able to do so, it shall take the necessary steps to ensure that the action to be taken can be carried out immediately.

Article 25

Flagging related to alerts for arrest for surrender purposes

1.  Where Framework Decision 2002/584/JHA applies, a Member State shall request the issuing Member State to add a flag preventing arrest as a follow-up ▌to an alert for arrest for surrender purposes where the competent judicial authority under national law for the execution of a European Arrest Warrant has refused its execution on the basis of a ground for non-execution and where the addition of the flag has been required.

A Member State may also require that a flag be added to the alert if its competent judicial authority releases the subject of the alert during the surrender process.

2.  However, at the behest of a competent judicial authority under national law, either on the basis of a general instruction or in a specific case, a Member State may also require the issuing Member State to add a flag to an alert for arrest for surrender purposes if it is obvious that the execution of the European Arrest Warrant will have to be refused.

CHAPTER VI

ALERTS ON PERSONS WANTED FOR ARREST FOR SURRENDER OR EXTRADITION PURPOSES

Article 26

Objectives and conditions for entering alerts

1.  Alerts on persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant, or alerts on persons wanted for arrest for extradition purposes, shall be entered at the request of the judicial authority of the issuing Member State.

2.  Alerts for arrest for surrender purposes shall also be entered on the basis of arrest warrants issued, in accordance with agreements concluded between the Union and third countries on the basis of the Treaties, for the purpose of surrender of persons on the basis of an arrest warrant, which provide for the transmission of such an arrest warrant through SIS.

3.  Any reference in this Regulation to provisions of Framework Decision 2002/584/JHA shall be construed as including the corresponding provisions of agreements concluded between the Union and third countries on the basis of the Treaties, for the purpose of surrender of persons on the basis of an arrest warrant which provide for the transmission of such an arrest warrant through SIS.

4.  In the case of an ongoing operation, the issuing Member State may temporarily make an existing alert for arrest entered in accordance with this Article ▌unavailable for searching by the end-users in the Member States involved in the operation. In such cases the alert shall ▌only be accessible to the SIRENE Bureaux. Member States shall only make an alert unavailable if :

(a)  the purpose of the operation cannot be achieved by other measures;

(b)  a prior authorisation has been granted by the competent judicial authority of the issuing Member State; and

(c)  all Member States involved in the operation have been informed through the exchange of supplementary information.

The functionality provided for in the first subparagraph shall only be used for a period not exceeding 48 hours. However, if operationally necessary ▌, it may be extended by further periods of 48 hours. Member States shall keep statistics on the number of alerts in relation to which this functionality has been used.

5.  Where there is a clear indication that the objects referred to in points (a), (b), (c), (e), (g), (h), (j) and (k) of Article 38(2) are connected with a person who is the subject of an alert pursuant to paragraph 1 and 2 of this Article, alerts on those objects may be entered in order to locate the person. In such cases, the alert on the person and the alert on the object shall be linked in accordance with Article 63.

6.  The Commission shall adopt implementing acts to lay down and develop rules necessary for entering, updating, deleting and searching the data referred to in paragraph 5 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Article 27

Additional data on persons wanted for arrest for surrender purposes

1.  Where a person is wanted for arrest for surrender purposes on the basis of a European Arrest Warrant, the issuing Member State shall enter into SIS a copy of the original of the European Arrest Warrant.

A Member State may enter the copy of more than one European Arrest Warrant in an alert for arrest for surrender purposes.

2.  The issuing Member State may enter a copy of a translation of the European Arrest Warrant in one or more other official languages of the institutions of the Union.

Article 28

Supplementary information on persons wanted for arrest for surrender purposes

The issuing Member State of an alert for arrest for surrender purposes shall communicate the information referred to in Article 8(1) of Framework Decision 2002/584/JHA to the other Member States through the exchange of supplementary information.

Article 29

Supplementary information on persons wanted for arrest for extradition purposes

1.  The issuing Member State of an alert for extradition purposes shall communicate the following data to all other Member States through the exchange of supplementary information:

(a)  the authority which issued the request for arrest;

(b)  whether there is an arrest warrant or a document having the same legal effect, or an enforceable judgment;

(c)  the nature and legal classification of the offence;

(d)  a description of the circumstances in which the offence was committed, including the time, place and the degree of participation in the offence by the person on whom the alert has been entered;

(e)  insofar as possible, the consequences of the offence; and

(f)  any other information useful or necessary for the execution of the alert.

2.  The data listed in paragraph 1 of this Article shall not be communicated where the data referred to in Article 27 or 28 have already been provided and are considered sufficient for the execution of the alert by the executing Member State.

Article 30

Conversion of an action to be taken concerning alerts for arrest for surrender or extradition purposes

Where an arrest cannot be made, either because the Member State requested to do so refuses to make it in accordance with the procedures on flagging set out in Article 24 or 25, or because, in the case of an alert for arrest for extradition purposes, an investigation has not been completed, the Member State requested to make the arrest shall act on the alert bycommunicating the whereabouts of the person concerned.

Article 31

Execution of an action based on an alert for arrest for surrender or extradition purposes

1.  An alert entered in SIS in accordance with Article 26 and the additional data referred to in Article 27 shall together constitute and have the same effect as a European Arrest Warrant issued in accordance with Framework Decision 2002/584/JHA where that Framework Decision applies.

2.  Where Framework Decision 2002/584/JHA does not apply, an alert entered in SIS in accordance with Articles 26 and 29 shall have the same legal force as a request for provisional arrest under Article 16 of the European Convention on Extradition of 13 December 1957 or Article 15 of the Benelux Treaty concerning Extradition and Mutual Assistance in Criminal Matters of 27 June 1962.

CHAPTER VII

ALERTS ON MISSING PERSONS OR VULNERABLE PERSONS WHO NEED TO BE PREVENTED FROM TRAVELLING

Article 32

Objectives and conditions for entering alerts

1.  Alerts on the following categories of ▌persons shall be entered in SIS at the request of the competent authority of the issuing Member State:

(a)  missing persons who need to be placed under protection:

(i)  for their own protection;

(ii)  in order to prevent a threat to public order or public security;

(b)  missing persons who do not need to be placed under protection;

(c)  children at risk of abduction by a parent, a family member or a guardian, who need to be prevented from travelling;

(d)  children who need to be prevented from travelling owing to a concrete and apparent risk of them being removed from or leaving the territory of a Member State and

(i)  becoming victims of trafficking in human beings, or of forced marriage, female genital mutilation or other forms of gender-based violence;

(ii)  becoming victims of or involved in terrorist offences; or

(iii)  becoming conscripted or enlisted into armed groups or being made to participate actively in hostilities;

(e)  vulnerable persons who are of age and who need to be prevented from travelling for their own protection owing to a concrete and apparent risk of them being removed from or leaving the territory of a Member State and becoming victims of trafficking in human beings or gender-based violence.

2.  Point (a) of paragraph 1 shall apply in particular to children and to persons who have to be institutionalised following a decision by a competent authority.

3.  An alert on a child referred to in point (c) of paragraph 1 shall be entered following a decision by the competent authorities, including judicial authorities of the Member States having jurisdiction in matters of parental responsibility, where a concrete and apparent risk exists that the child may be unlawfully and imminently removed from the Member State where the competent authorities are situated.

4.  An alert on persons referred to in points (d) and (e) of paragraph 1 shall be entered following a decision by the competent authorities, including judicial authorities.

5.  The issuing Member State shall regularly review the need to maintain the alerts referred to in points (c), (d) and (e) of paragraph 1 of this Article in accordance with Article 53(4).

6.  The issuing Member State shall ensure all of the following:

(a)  that the data it enters in SIS indicate which of the categories referred to in paragraph 1 the ▌person concerned by the alert falls into;

(b)  that the data it enters in SIS indicate which type of case is involved, wherever the type of case is known; and

(c)  that, in relation to alerts entered in accordance with points (c), (d) and (e) of paragraph 1, its SIRENE Bureau has all relevant information at its disposal at the time of the creation of the alert.

7.  Four months before a child who is the subject of an alert under this Article reaches the age of majority in accordance with the national law of the issuing Member State, CS-SIS shall automatically notify the issuing Member State that either the reason for the alert and the action to be taken have to be updated or the alert has to be deleted.

8.  Where there is a clear indication that the objects referred to in points (a), (b), (c), (e), (g), (h), and (k)of Article 38(2) are connected with a person who is the subject of an alert pursuant to paragraph 1 of this Article, alerts on those objects may be entered in order to locate the person. In such cases, the alert on the ▌person and the alert on the object shall be linked in accordance with Article 63. ▌

9.  The Commission shall adopt implementing acts to lay down and develop rules on the categorisation of the types of cases and the entering of data referred to in paragraph 6. The types of cases of missing persons who are children shall include, but not be limited to, runaways, unaccompanied children in the context of migration and children at risk of parental abduction.

The Commission shall also adopt implementing acts to lay down and develop technical rules necessary for entering, updating, deleting and searching the data referred to in ▌ paragraph 8.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Article 33

Execution of action based on an alert

1.  Where a person ▌referred to in Article 32 is located, the competent authorities of the executing Member State shall, subject to the requirements in paragraph 4, communicate his or her whereabouts to the issuing Member State.

2.  In the case of persons who need to be placed under protection referred to in points (a), (c), (d) and (e) of Article 32(1), the executing Member State shall ▌immediately consult its own competent authorities and those of the issuing Member State through the exchange of supplementary information in order to agree without delay the measures to be taken ▌. The competent authorities in the executing Member State may, in accordance with national law, move such persons to a safe place in order to prevent them from continuing their journey ▌.

3.  In the case of children, any decision on the measures to be taken or any decision to move the child to a safe place as referred to in paragraph 2 shall be made in accordance with the best interests of the child. Such decisions shall be made immediately and not later than 12 hours after the child was located, in consultation with relevant child protection authorities, as appropriate.

4.  The communication, other than between the competent authorities, of data on a missing person who has been located and who is of age shall be subject to that person's consent. The competent authorities may, however, communicate the fact that the alert has been deleted because the missing person has been located to the person who reported the person missing.

CHAPTER VIII

ALERTS ON PERSONS SOUGHT TO ASSIST WITH A JUDICIAL PROCEDURE

Article 34

Objectives and conditions for entering alerts

1.  For the purposes of communicating the place of residence or domicile of persons, Member States shall, at the request of a competent authority, enter into SIS alerts on:

(a)  witnesses;

(b)  persons summoned or persons sought to be summoned to appear before the judicial authorities in connection with criminal proceedings in order to account for acts for which they are being prosecuted;

(c)  persons who are to be served with a criminal judgment or other documents in connection with criminal proceedings in order to account for acts for which they are being prosecuted;

(d)  persons who are to be served with a summons to report in order to serve a penalty involving a deprivation of liberty.

2.  Where there is a clear indication that the objects referred to in points (a), (b), (c), (e), (g), (h), and (k) of Article 38(2) are connected with a person who is the subject of an alert pursuant to paragraph 1 of this Article, alerts on those objects may be entered in order to locate the person. In such cases the alerts on the person and the alert on the object shall be linked in accordance with Article 63. ▌

3.  The Commission shall adopt implementing acts to lay down and develop the technical rules necessary for entering, updating, deleting and searching of the data referred to in ▌paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Article 35

Execution of the action based on an alert

Requested information shall be communicated to the issuing Member State through the exchange of supplementary information.

CHAPTER IX

ALERTS ON PERSONS AND OBJECTS FOR DISCREET CHECKS, INQUIRY CHECKS OR SPECIFIC CHECKS

Article 36

Objectives and conditions for entering alerts

1.  Alerts on persons, on the objects referred to in points (a), (b), (c), (e), (g), (h), (j), (k) and (l) of Article 38(2) and on non-cash means of payment shall be entered in accordance with the national law of the issuing Member State, for the purposes of discreet checks, inquiry checks or specific checks in accordance with Article 37(3), (4) and (5).

2.  When entering alerts for discreet checks, inquiry checks or specific checks and where the information sought by the issuing Member State is additional to that provided for in points (a) to (h) of Article 37(1), the issuing Member State shall add to the alert all the information that is sought. If that information relates to special categories of personal data referred to in Article 10 of Directive (EU) 2016/680, it shall only be sought if it is strictly necessary for the specific purpose of the alert and in relation to the criminal offence for which the alert has been entered.

3.  Alerts on persons for discreet checks, inquiry checks or specific checks may be entered for the purposes of preventing, detecting, investigating or prosecuting criminal offences, executing a criminal sentence and preventing threats to public security in one or more of the following circumstances:

(a)  where there is a clear indication that a person intends to commit or is committing any of the offences referred to in Article 2(1) and (2) of the Framework Decision 2002/584/JHA;

(b)  where the information referred to in Article 37(1) is necessary for the execution of a custodial sentence or detention order regarding a person convicted of any of the offences referred to in Article 2(1) and (2) of the Framework Decision 2002/584/JHA;

(c)  where an overall assessment of a person, in particular on the basis of past criminal offences, gives reason to believe that that person may commit ▌the offences referred to in Article 2(1) and 2(2) of the Framework Decision 2002/584/JHA in the future.

4.  In addition, alerts on persons for discreet checks, inquiry checks or specific checks may be entered in accordance with national law at the request of the authorities responsible for national security where there is a concrete indication that the information referred to in Article 37(1) is necessary in order to prevent a serious threat posed by the person concerned or other serious threats to internal or external national security. The Member State which entered the alert in accordance with this paragraph shall inform the other Member States of such an alert. Each Member State shall determine to which authorities this information shall be transmitted. The information shall be transmitted through the SIRENE Bureaux.

5.  Where there is a clear indication that the objects referred to in points (a), (b), (c), (e), (g), (h), (j), (k) and (l) of Article 38(2) or non-cash means of payment are connected with the serious crimes referred to in paragraph 3 of this Article or the serious threats referred to in paragraph 4 of this Article, alerts on those objects may be entered and linked to the alerts entered in accordance with paragraphs 3 and 4 of this Article.

6.  The Commission shall adopt implementing acts to lay down and develop the technical rules necessary for entering, updating, deleting and searching the data referred to in paragraph 5 of this Article as well as the additional information referred to in paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Article 37

Execution of the action based on an alert

1.  For the purposes of discreet checks, inquiry checks or specific checks, the executing Member State shall collect and communicate to the issuing Member State all or some of the following information:

(a)  the fact that the person who is the subject of an alert has been located, or that objects referred to in points (a), (b), (c), (e), (g), (h), (j), (k) and (l) of Article 38(2) or non-cash means of payment which are the subject of an alert have been located;

(b)  the place, time and reason for the check;

(c)  the route of the journey and destination;

(d)  the persons accompanying the subject of the alert or the occupants of the vehicle, boat or aircraft, or the persons accompanying the holder of the blank official document or issued identity document who can reasonably be expected to be associated with the subject of the alert;

(e)  any identity revealed and any personal description of the person using the blank official document or issued identity document that is the subject of the alert;

(f)  the objects referred to in points (a), (b), (c), (e), (g), (h), (j), (k) and (l) of Article 38(2) or non-cash means of payment used;

(g)  objects carried, including travel documents;

(h)  the circumstances in which the person, the objects referred to in points (a), (b), (c), (e), (g), (h), (j), (k) and (l) of Article 38(2) or the non-cash means of payment were located ▌;

(i)  any other information being sought by the issuing Member State in accordance with Article 36(2).

If the information referred to in point (i) of the first subparagraph of this paragraph relates to special categories of personal data referred to in Article 10 of Directive (EU) 2016/680, it shall be processed in accordance with the conditions set out in that Article and only if it supplements other personal data processed for the same purpose.

2.  The executing Member State shall communicate the information referred to in paragraph 1 through the exchange of supplementary information.

3.   A discreet check shall comprise the discreet collection of as much ▌information described in paragraph 1 as possible during routine activities carried out by the national competent authorities of the executing Member State. The collection of this information shall not jeopardise the discreet nature of the checks and the subject of the alert shall in no way be made aware of the existence of the alert.

4.  An inquiry check shall comprise an interview of the person, including on the basis of information or specific questions added to the alert by the issuing Member State in accordance with Article 36(2). The interview shall be carried out in accordance with the national law of the executing Member State

5.  During specific checks, persons, vehicles, boats, aircraft, containers and carried objects may be searched ▌for the purposes referred to in Article 36. Searches shall be carried out in accordance with the national law of the executing Member State.

6.  Where specific checks are not authorised by the national law of the executing Member State, they shall be replaced by inquiry checks in that Member State. Where inquiry checks are not authorised by the national law of the executing Member State, they shall be replaced by discreet checks in that Member State. Where Directive 2013/48/EU applies, Member States shall ensure that the right of suspects and accused persons to have access to a lawyer is respected under the conditions set out in that Directive.

7.  Paragraph 6 is without prejudice to the obligation of Member States to make available to end-users information sought under Article 36(2).

CHAPTER X

ALERTS ON OBJECTS FOR SEIZURE OR USE AS EVIDENCE IN CRIMINAL PROCEEDINGS

Article 38

Objectives and conditions for entering alerts

1.  Member States shall enter into SIS alerts on objects sought for the purposes of seizure or for ▌use as evidence in criminal proceedings.

2.  Alerts shall be entered on the following categories of readily identifiable objects:

(a)  motor vehicles ▌regardless of the propulsion system;

(b)  trailers with an unladen weight exceeding 750 kg;

(c)  caravans;

(d)  industrial equipment;

(e)  boats;

(f)  boat engines;

(g)  containers;

(h)  aircraft;

(i)  aircraft engines;

(j)  firearms;

(k)  blank official documents which have been stolen, misappropriated, lost or purport to be such a document but are false;

(l)  issued identity documents, such as passports, identity cards, ▌residence permits, travel documents and driving licences which have been stolen, misappropriated, lost or invalidated or purport to be such a document but are false;

(m)  vehicle registration certificates and vehicle number plates which have been stolen, misappropriated, lost or invalidated or purport to be such a document or plate but are false;

(n)  banknotes (registered notes) and false banknotes;

(o)  ▌items of information technology ▌;

(p)  identifiable component parts of motor vehicles;

(q)  identifiable component parts of industrial equipment;

(r)  other identifiable objects of high value, as defined in accordance with paragraph 3.

With regard to the documents referred to in points (k), (l) and (m), the issuing Member State may specify whether such documents are stolen, misappropriated, lost, invalid or false.

3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 75 to amend this Regulation by defining new sub-categories of objects under points (o), (p), (q) and (r) of paragraph 2 of this Article.

4.  The Commission shall adopt implementing acts to lay down and develop technical rules necessary for entering, updating, deleting and searching the data referred to in paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Article 39

Execution of the action based on an alert

1.  Where a search brings to light an alert on an object which has been located, the competent authority shall in accordance with its national law seize the object and contact the authority of the issuing Member State in order to agree on the measures to be taken. For this purpose, personal data may also be communicated in accordance with this Regulation.

2.  The information referred to in paragraph 1 shall be communicated through the exchange of supplementary information.

3.  The executing Member State shall take the requested measures in accordance with national law.

CHAPTER XI

ALERTS ON UNKNOWN WANTED PERSONS FOR THE PURPOSES OF IDENTIFICATION UNDER NATIONAL LAW ▌

Article 40

Alerts on unknown wanted persons for the purposes of identification under national law

Member States may enter into SIS alerts on unknown wanted persons containing only dactyloscopic data. Those dactyloscopic data shall be either complete or incomplete sets of fingerprints or palm prints discovered at the scenes of terrorist offences or other serious crimes under investigation ▌. They shall only be entered into SIS where it can be established to a very high degree of probability that they belong to a perpetrator of the offence. ▌

If the competent authority of the issuing Member State cannot establish the identity of the suspect on the basis of data from any other relevant national, Union or international database, the dactyloscopic data referred to in the first subparagraph may only be entered in this category of alerts as “unknown wanted person” for the purpose of identifying such a person.

Article 41

Execution of the action based on an alert

In the event of a hit ▌with the data entered pursuant to Article 40, the identity of the person shall be established in accordance with national law, together with expert verification that the dactyloscopic data in SIS belong to the person. The executing Member States shall communicate information on the identity and the whereabouts of the person to the issuing Member State through the exchange of supplementary information in order to facilitate timely investigation of the case.

CHAPTER XII

SPECIFIC RULES FOR BIOMETRIC DATA

Article 42

Specific rules for entering photographs, facial images, dactyloscopic data and DNA profiles

1.  Only photographs, facial images, dactyloscopic data referred to in points (w) and (y) of Article 20(3) which fulfil minimum data quality standards and technical specifications shall be entered into SIS. Before such data are entered, a quality check shall be performed in order to ascertain whether the minimum data quality standards and technical specifications have been met.

2.  Dactyloscopic data entered in SIS may consist of one to ten flat fingerprints and one to ten rolled fingerprints. It may also include up to two palm prints.

3.  A DNA profile may only be added to alerts in the situations provided for in point (a) of Article 32(1), only following a quality check to ascertain whether the minimum data quality standards and technical specifications have been met and only where photographs, facial images or dactyloscopic data are not available or not suitable for identification. The DNA profiles of persons who are direct ascendants, descendants or siblings of the subject of the alert may be added to the alert provided that those persons give their explicit consent. Where a DNA profile is added to an alert, that profile shall contain the minimum information strictly necessary for the identification of the missing person.

4.  Minimum data quality standards and technical specifications shall be established in accordance with paragraph 5 of this Article for the storage of the biometric data referred to in paragraphs 1 and 3 of this Article. Those minimum data quality standards and technical specifications shall set the level of quality required for using the data to verify the identity of a person in accordance with Article 43(1) and for using the data to identify a person in accordance with Article 43(2) to (4).

5.  The Commission shall adopt implementing acts to lay down the minimum data quality standards and technical specifications referred to in paragraphs 1, 3 and 4 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Article 43

Specific rules for verification or search with photographs, facial images, dactyloscopic data and DNA profiles

1.  Where photographs, facial images, dactyloscopic data and DNA profiles are available in an alert in SIS, such photographs, facial images, dactyloscopic data and DNA profiles shall be used to confirm the identity of a person who has been located as a result of an alphanumeric search made in SIS.

2.  Dactyloscopic data may be searched in all cases to identify a person. However, dactyloscopic data shall be searched to identify a person where the identity of the person cannot be ascertained by other means. For that purpose, the Central SIS shall contain an Automated Fingerprint Identification System (AFIS).

3.  Dactyloscopic data in SIS in relation to alerts entered in accordance with Articles 26, 32, 36 and 40 may also be searched using complete or incomplete sets of fingerprints or palm prints discovered at the scenes of serious crimes or terrorist offences under investigation, where it can be established to a high degree of probability that those sets of prints belong to a perpetrator of the offence and provided that the search is carried out simultaneously in the Member State's relevant national fingerprints databases.

4.  As soon as it becomes technically possible, and while ensuring a high degree of reliability of identification, photographs and facial images may be used to identify a person in the context of regular border crossing points. ▌

Before this functionality is implemented in SIS, the Commission shall present a report on the availability, readiness and reliability of the required technology. The European Parliament shall be consulted on the report.

After the start of the use of the functionality at regular border crossing points, the Commission shall be empowered to adopt delegated acts in accordance with Article 75 to supplement this Regulation concerning the determination of other circumstances in which photographs and facial images may be used to identify persons.

CHAPTER XIII

RIGHT OF ACCESS AND REVIEW OF ALERTS

Article 44

National competent authorities having a right to access data in SIS

1.  National competent authorities shall have access to data entered in SIS and the right to search such data directly or in a copy of the SIS database for the purposes of:

(a)  border control, in accordance with Regulation (EU) 2016/399;

(b)  police and customs checks carried out within the Member State concerned, and the coordination of such checks by designated authorities;

(c)  ▌the prevention, detection, investigation or prosecution of terrorist offences or other serious criminal offences or the execution of criminal penalties, within the Member State concerned, provided that Directive (EU) 2016/680 applies;

(d)  examining the conditions and taking decisions related to the entry and stay of third-country nationals on the territory of the Member States, including on residence permits and long-stay visas, and to the return of third-country nationals, as well as carrying out checks on third country nationals who are illegally entering or staying on the territory of the Member States;

(e)  security checks on third-country nationals who apply for international protection, insofar as authorities performing the checks are not "determining authorities" as defined in point (f) of Article 2 of Directive 2013/32/EU of the European Parliament and of the Council(43), and, where relevant, providing advice in accordance with Council Regulation (EC) 377/2004(44).

2.  The right to access data in SIS and the right to search such data directly may be exercised by national competent authorities responsible for naturalisation, as provided for in national law, for the purposes of examining an application for naturalisation.

3.  The right to access data entered in SIS and the right to search such data directly may also be exercised by national judicial authorities, including those responsible for the initiation of public prosecutions in criminal proceedings and for judicial inquiries prior to charging a person, in the performance of their tasks, as provided for in national law, and by their coordinating authorities.

4.  ▌The competent authorities referred to in this Article shall be included in the list referred to in Article 56(7).

Article 45

Vehicle registration services

1.  The services in the Member States responsible for issuing registration certificates for vehicles, as referred to in Council Directive 1999/37/EC(45), shall have access to ▌data entered into SIS in accordance with points (a), (b), (c), (m) and (p) of Article 38(2) of this Regulation for the sole purpose of checking whether vehicles and accompanying vehicle registration certificates and number plates presented to them for registration have been stolen, misappropriated, lost, purport to be such a document but are false or are sought as evidence in criminal proceedings.

Access to the data by the services referred to in first subparagraph shall be governed by the national law and shall be limited to the specific competence of the services concerned.

2.  Services referred to in paragraph 1 that are government services shall have the right to access the data in SIS directly.

3.  Services referred to in paragraph 1 of this Article that are non-government services shall have access to data in SIS only through the intermediary of an authority referred to in Article 44. That authority shall have the right to access the data directly and to pass them on to the service concerned. The Member State concerned shall ensure that the service in question and its employees are required to respect any limitations on the permissible use of data conveyed to them by the authority.

4.  Article 39 shall not apply to access to SIS gained in accordance with this Article. The communication to the police or judicial authorities by services referred to in paragraph 1 of this Article of any information obtained through access to SIS ▌shall be governed by national law.

Article 46

Registration services for boats and aircraft

1.  The services in the Member States responsible for issuing registration certificates or ensuring traffic management for boats, including boat engines, and aircraft, including aircraft engines, shall have access to the following data entered into SIS in accordance with Article 38(2), for the sole purpose of checking whether boats, including boat engines, and aircraft, including aircraft engines, presented to them for registration or subject to traffic management have been stolen, misappropriated, lost or are sought as evidence in criminal proceedings:

(a)  data on boats;

(b)  data on boat engines;

(c)  data on aircraft;

(d)  data on aircraft engines.

Access to the data by the services referred to in first subparagraph shall be governed by the national law and shall be limited to the specific competence of the services concerned.

2.  Services referred to in paragraph 1 that are government services shall have the right to access the data in SIS directly.

3.  Services referred to in paragraph 1 of this Article that are non-government services shall have access to data in SIS only through the intermediary of an authority referred to in Article 44. That authority shall have the right to access the data directly and to pass them on to the service concerned. The Member State concerned shall ensure that the service in question and its employees are required to respect any limitations on the permissible use of data conveyed to them by the authority.

4.  Article 39 shall not apply to access to SIS gained in accordance with this Article. The communication to the police or judicial authorities by services referred to in paragraph 1 of this Article of any information obtained through access to SIS ▌shall be governed by national law.

Article 47

Registration services for firearms

1.  The services in the Member States responsible for issuing registration certificates for firearms shall have access to data on persons entered into SIS in accordance with Articles 26 and 36 and to data on firearms entered into SIS in accordance with Article 38(2). The access shall be exercised for the purpose of checking whether the person requesting registration is wanted for arrest for surrender or extradition purposes or for the purposes of discreet, inquiry or specific checks or whether firearms presented for registration are sought for seizure or for use as evidence in criminal proceedings.

2.  Access to the data by the services referred to in paragraph 1 shall be governed by the national law and shall be limited to the specific competence of the services concerned.

3.  Services referred to in paragraph 1 that are government services shall have the right to access the data in SIS directly.

4.  Services referred to in paragraph 1 that are non-government services shall only have access to data in SIS through the intermediary of an authority referred to in Article 44. That authority shall have the right to access the data directly and shall inform the service concerned if the firearm can be registered. The Member State concerned shall ensure that the service in question and its employees are required to respect any limitations to the permissible use of data conveyed to them by the intermediating authority.

5.  Article 39 shall not apply to access to SIS gained in accordance with this Article. The communication to the police or the judicial authorities by services referred to in paragraph 1 of this Article of any information obtained through access to SIS shall be governed by national law.

Article 48

Access to data in SIS by Europol

1.  The European Union Agency for Law Enforcement Cooperation (Europol), established by Regulation (EU) 2016/794, shall, where necessary to fulfil its mandate, have the right to access and search data in SIS. Europol may also exchange and further request supplementary information in accordance with the provisions of the SIRENE Manual.

2.  Where a search by Europol reveals the existence of an alert in SIS, Europol shall inform the issuing Member State through the exchange of supplementary information by means of the Communication Infrastructure and in accordance with the provisions set out in the SIRENE Manual. Until Europol is able to use the functionalities intended for the exchange of supplementary information, it shall inform issuing Member States through the channels defined by Regulation (EU) 2016/794.

3.  Europol may process the supplementary information that has been provided to it by Member States for the purposes of comparing it with its databases and operational analysis projects, aimed at identifying connections or other relevant links and for the strategic, thematic or operational analyses referred to in points (a), (b) and (c) of Article 18(2) of Regulation (EU) 2016/794. Any processing by Europol of supplementary information for the purpose of this Article shall be carried out in accordance with that Regulation.

4.  Europol's use of information obtained from a search in ▌SIS or from the processing of supplementary information shall be subject to the consent of the issuing Member State ▌. If the Member State allows the use of such information, its handling by Europol shall be governed by Regulation (EU) 2016/794. Europol shall only communicate such information to third countries and third bodies with the consent of the issuing Member State and in full compliance with Union law on data protection.

5.  Europol shall:

(a)  without prejudice to paragraphs 4 and 6, not connect parts of SIS nor transfer the data contained in it to which it has access to any system for data collection and processing operated by or at Europol, nor download or otherwise copy any part of SIS;

(b)  notwithstanding Article 31(1) of Regulation (EU) 2016/794, delete supplementary information containing personal data at the latest one year after the related alert has been deleted. By way of derogation, where Europol has information in its databases or operational analysis projects on a case to which the supplementary information is related, in order for Europol to perform its tasks, Europol may exceptionally continue to store the supplementary information when necessary. Europol shall inform the issuing and the executing Member State of the continued storage of such supplementary information and present a justification for it;

(c)  limit access to data in SIS, including supplementary information, to specifically authorised staff of Europol who require access to such data for the performance of their tasks;

(d)  adopt and apply measures to ensure security, confidentiality and self-monitoring in accordance with Articles 10, 11 and 13;

(e)  ensure that its staff who are authorised to process SIS data receive appropriate training and information in accordance with Article 14(1); and

(f)  without prejudice to Regulation (EU) 2016/794, allow the European Data Protection Supervisor to monitor and review the activities of Europol in the exercise of its right to access and search data in SIS and in the exchange and processing of supplementary information.

6.  Europol shall only copy data from SIS for technical purposes where such copying is necessary in order for duly authorised Europol staff to carry out a direct search. This Regulation shall apply to such copies. The technical copy shall only be used for the purpose of storing SIS data whilst those data are searched. Once the data have been searched they shall be deleted. Such uses shall not be considered to be unlawful downloading or copying of SIS data. Europol shall not copy alert data or additional data issued by Member States or from CS-SIS into other Europol systems.

7.  For the purpose of verifying the lawfulness of data processing, self-monitoring and ensuring proper data security and integrity, Europol shall keep logs of every access to and search in SIS in accordance with the provisions of Article 12. Such logs and documentation shall not be considered to be unlawful downloading or copying of part of SIS.

8.  Member States shall inform Europol through the exchange of supplementary information of any hit on alerts related to terrorist offences. Member States may exceptionally not inform Europol if doing so would jeopardise current investigations, the safety of an individual or be contrary to essential interests of the security of the issuing Member State.

9.  Paragraph 8 shall apply from the date that Europol is able to receive supplementary information in accordance with paragraph 1.

Article 49

Access to data in SIS by Eurojust

1.  Only the national members of Eurojust and their assistants shall, where necessary to fulfil their mandate, have the right to access and search data in SIS within their mandate, in accordance with Articles 26, 32, 34, 38 and 40.

2.  Where a search by a national member of Eurojust reveals the existence of an alert in SIS, that national member shall inform the issuing Member State. Eurojust shall only communicate information obtained from such a search to third countries and third bodies with the consent of the issuing Member State and in full compliance with Union law on data protection.

3.  This Article is without prejudice to the provisions of Regulation (EU) 2018/… of the European Parliament and of the Council(46)(47) and Regulation (EU) 2018/…(48) concerning data protection and the liability for any unauthorised or incorrect processing of such data by national members of Eurojust or their assistants, and to the powers of the European Data Protection Supervisor pursuant to those Regulations.

4.   For the purpose of verifying the lawfulness of data processing, self-monitoring and ensuring proper data security and integrity, Eurojust shall keep logs of every access to and search in SIS made by a national member of Eurojust or an assistant ▌in accordance with the provisions of Article 12.

5.  No parts of SIS shall be connected to any system for data collection and processing operated by or at Eurojust nor, shall the data in SIS to which the national members or their assistants have access be transferred to such a system. No part of SIS shall be downloaded or copied. The logging of access and searches shall not be considered to be unlawful downloading or copying of SIS data.

6.  Eurojust shall adopt and apply measures to ensure security, confidentiality ▌and self-monitoring in accordance with Articles 10, 11 and 13.

Article 50

Access to data in SIS by the European Border and Coast Guard teams, teams of staff involved in return-related tasks, and members of the migration management support teams

1.  In accordance with Article 40(8) of Regulation (EU) 2016/1624, the members of the teams referred to in points (8) and (9) of Article 2 of that Regulation shall, within their mandate and provided that they are authorised to carry out checks in accordance with Article 44(1) of this Regulation and have received the required training in accordance with Article 14(1) of this Regulation, have the right to access and search data in SIS insofar it is necessary for the performance of their task and as required by the operational plan for a specific operation. Access to data in SIS shall not be extended to any other team members.

2.  Members of the teams referred to in paragraph 1 shall exercise the right to access and search data in SIS in accordance with paragraph 1 through a technical interface. The technical interface shall be set up and maintained by the European Border and Coast Guard Agency and shall allow direct connection to Central SIS.

3.  Where a search by a member of the teams referred to in paragraph 1 of this Article reveals the existence of an alert in SIS, the issuing Member State shall be informed thereof. In accordance with Article 40 of Regulation (EU) 2016/1624, members of the teams shall only act in response to an alert in SIS under instructions from and, as a general rule, in the presence of border guards or staff involved in return-related tasks of the host Member State in which they are operating. The host Member State may authorise members of the teams to act on its behalf.

4.   For the purpose of verifying the lawfulness of data processing, self-monitoring and ensuring proper data security and integrity, the European Border and Coast Guard Agency shall keep logs of every access to and search in SIS in accordance with the provisions of Article 12.

5.  The European Border and Coast Guard Agency shall adopt and apply measures to ensure security, confidentiality and self-monitoring in accordance with Articles 10, 11 and 13 and shall ensure that the teams referred to in paragraph 1 of this Article apply those measures.

6.   Nothing in this Article shall be interpreted as affecting the provisions of Regulation (EU) 2016/1624 concerning data protection or the European Border and Coast Guard Agency's liability for any unauthorised or incorrect processing of data by it.

7.  Without prejudice to paragraph 2, no parts of SIS shall be connected to any system for data collection and processing operated by the teams referred to in paragraph 1 or by the European Border and Coast Guard Agency, nor shall the data in SIS to which those teams have access be transferred to such a system. No part of SIS shall be downloaded or copied. The logging of access and searches shall not be considered to be unlawful downloading or copying of SIS data.

8.  The European Border and Coast Guard Agency shall allow the European Data Protection Supervisor to monitor and review the activities of the teams referred to in this Article in the exercise of their right to access and search data in SIS. This shall be without prejudice to the further provisions of Regulation (EU) 2018/…(49).

Article 51

Evaluation of the use of SIS by Europol, Eurojust and the European Border and Coast Guard Agency

1.  The Commission shall carry out an evaluation of the operation and the use of SIS by Europol, the national members of Eurojust and their assistants and the teams referred to in Article 50(1) at least every five years.

2.  Europol, Eurojust and the European Border and Coast Guard Agency shall ensure adequate follow-up to the findings and recommendations stemming from the evaluation.

3.  A report on the results of the evaluation and follow-up to it shall be sent to the European Parliament and to the Council.

Article 52

Scope of access

End-users, including Europol, the national members of Eurojust and their assistants and the members of the teams referred to in points (8) and (9) of Article 2 of Regulation (EU) 2016/1624, shall only access data which they require for the performance of their tasks.

Article 53

Review period for alerts on persons

1.  Alerts on persons shall be kept only for the time required to achieve the purposes for which they were entered.

2.  A Member State may enter an alert on a person for the purposes of Article 26 and points (a) and (b) of Article 32(1) ▌for a period of five years. The issuing Member State shall review the need to retain the alert within the five year period.

3.  A Member State may enter an alert on a person for the purposes of Articles 34 and 40 for a period of three years. The issuing Member State shall review the need to retain the alert within the three year period.

4.  A Member State may enter an alert on a person for the purposes of points (c), (d) and (e) of Article 32 (1) and of Article 36 for a period of one year. The issuing Member State shall review the need to retain the alert within the one year period.

5.  Each Member State shall, where appropriate, set shorter review periods in accordance with its national law.

6.   Within the review period referred to in paragraphs 2, 3 and 4, the issuing Member State may, following a comprehensive individual assessment, which shall be recorded, decide to retain the alert on a person for longer than the review period, where this proves necessary and proportionate for the purposes for which the alert was entered. In such cases paragraph 2, 3 or 4 shall also apply to the extension. Any such extension shall be communicated to CS-SIS.

7.  Alerts on persons shall be deleted automatically after the review period referred to in paragraphs 2, 3 and 4 has expired, except where the issuing Member State has informed CS-SIS of an extension pursuant to paragraph 6. CS-SIS shall automatically inform the issuing Member State of the scheduled deletion of data four months in advance.

8.  Member States shall keep statistics on the number of alerts on persons the retention periods of which have been extended in accordance with paragraph 6 of this Article and transmit them, upon request, to the supervisory authorities referred to in Article 69.

9.  As soon as it becomes clear to a SIRENE Bureau that an alert on a person has achieved its purpose and should therefore be deleted, it shall immediately notify the authority which created the alert ▌. The authority shall have 15 calendar days from the receipt of that notification to reply that the alert has been or shall be deleted or shall state reasons for the retention of the alert. If no reply has been received by the end of the 15-day period, the SIRENE Bureau shall ensure that the alert is deleted. Where permissible under national law, the alert shall be deleted by the SIRENE Bureau. SIRENE Bureaux shall report any recurring issues they encounter when acting under this paragraph to their supervisory authority.

Article 54

Review period for alerts on objects

1.  Alerts on objects shall be kept only for the time required to achieve the purposes for which they were entered.

2.  A Member State may enter an alert on objects for the purposes of Articles 36 and 38 for a period of ten years. The issuing Member State shall review the need to retain the alert within the ten-year period.

3.  Alerts on objects entered in accordance with Articles 26, 32, 34, and 36 shall be reviewed pursuant to Article 53 where they are linked to an alert on a person. Such alerts shall only be kept for as long as the alert on the person is kept.

4.   Within the review ▌period referred to in paragraphs 2 and 3, the issuing Member State may decide to retain the alert on an object for longer than the review period, where this proves necessary for the purposes for which the alert was entered. In such cases paragraph 2 or 3 shall apply, as appropriate.

5.  The Commission may adopt implementing acts to establish shorter review periods for certain categories of alerts on objects. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

6.   Member States shall keep statistics on the number of alerts on objects the retention periods of which have been extended in accordance with paragraph 4.

CHAPTER XIV

DELETION OF ALERTS

Article 55

Deletion of alerts

1.  Alerts for arrest for surrender or extradition purposes pursuant to Article 26 shall be deleted when the person has been surrendered or extradited to the competent authorities of the issuing Member State. They shall also be deleted when the judicial decision on which the alert was based has been revoked by the competent judicial authority in accordance with national law. They shall also be deleted upon the expiry of the alert in accordance with Article 53.

2.  Alerts on missing persons or vulnerable persons who need to be prevented from travelling pursuant to Article 32 shall be deleted in accordance with the following rules:

(a)  concerning missing children and children at risk of abduction, an alert shall be deleted upon:

(i)  the resolution of the case, such as when the child has been located or repatriated or the competent authorities in the executing Member State have taken a decision on the care of the child;

(ii)  the expiry of the alert in accordance with Article 53; or

(iii)  a decision by the competent authority of the issuing Member State;

(b)  concerning missing adults, where no protective measures are requested, an alert shall be deleted upon:

(i)  the execution of the action to be taken, where their whereabouts are ascertained by the executing Member State;

(ii)  the expiry of the alert in accordance with Article 53; or

(iii)  a decision by the competent authority of the issuing Member State;

(c)  concerning missing adults where protective measures are requested, ▌an alert shall be deleted upon:

(i)  the carrying out of the action to be taken, where the person is placed under protection;

(ii)  the expiry of the alert in accordance with Article 53; or

(iii)  a decision by the competent authority of the issuing Member State;

(d)  concerning vulnerable persons who are of age who need to be prevented from travelling for their own protection and children who need to be prevented from travelling, an alert shall be deleted upon:

(i)   the carrying out of the action to be taken such as the person’s placement under protection;

(ii)   the expiry of the alert in accordance with Article 53; or

(iii)   a decision by the competent authority of the issuing Member State.

Without prejudice to the national law, where a person has been institutionalised following a decision by a competent authority an alert may be retained until that person has been repatriated.

3.  ▌Alerts on persons sought for a judicial procedure pursuant to Article 34 shall be deleted upon:

(a)  the communication of the whereabouts of the person to the competent authority of the issuing Member State;

(b)  the expiry of the alert in accordance with Article 53; or

(c)  a decision by the competent authority of the issuing Member State.

Where the information in the communication referred to in point (a) cannot be acted upon, the SIRENE Bureau of the issuing Member State shall inform the SIRENE Bureau of the executing Member State in order to resolve the problem.

In the event of a hit where the address details were forwarded to the issuing Member State and a subsequent hit in the same executing Member State reveals the same address details, the hit shall be recorded in the executing Member State but neither the address details nor supplementary information shall be resent to the issuing Member State. In such cases the executing Member State shall inform the issuing Member State of the repeated hits and the issuing Member State shall carry out a comprehensive individual assessment of the need to retain the alert.

4.  ▌Alerts for discreet, inquiry and specific checks pursuant to Article 36, shall be deleted upon:

(a)  the expiry of the alert in accordance with Article 53; or

(b)  a decision to delete them by the competent authority of the issuing Member State.

5.  ▌Alerts on objects for seizure or use as evidence in criminal proceedings pursuant to Article 38, shall be deleted upon:

(a)  the seizure of the object or equivalent measure once the necessary follow-up exchange of supplementary information has taken place between the SIRENE Bureaux concerned or the object becomes the subject of another judicial or administrative procedure;

(b)  the expiry of the alert in accordance with Article 53; or

(c)  a decision to delete them by the competent authority of the issuing Member State.

6.  Alerts on unknown wanted persons pursuant to Article 40 shall be deleted upon:

(a)  the identification of the person;

(b)  the expiry of the alert in accordance with Article 53; or

(c)  a decision to delete them by the competent authority of the issuing Member State.

7.  Where it is linked to an alert on a person, an alert on an object entered in accordance with Articles 26, 32, 34 and 36 shall be deleted when the alert on the person is deleted in accordance with this Article.

CHAPTER XV

GENERAL DATA PROCESSING RULES

Article 56

Processing of SIS data

1.  The Member States shall only process the data referred to in Article 20 for the purposes laid down for each category of alert referred to in Articles 26, 32, 34, 36, 38 and 40.

2.  Data shall only be copied for technical purposes, where such copying is necessary in order for the competent authorities referred to in Article 44 to carry out a direct search. This Regulation shall apply to those copies. A Member State shall not copy the data in an alert or additional data entered by another Member State from its N.SIS or from the CS-SIS into other national data files.

3.  Technical copies referred to in paragraph 2 which result in offline databases may be retained for a period not exceeding 48 hours. ▌

▌Member States shall keep an up-to-date inventory of those copies, make that inventory available to their supervisory authorities, and ensure that this Regulation, in particular Article 10, is applied in respect of those copies.

4.  Access to data in SIS by national competent authorities referred to in Article 44 shall only be authorised within the limits of their competence and only to duly authorised staff.

5.  With regard to the alerts laid down in Articles 26, 32, 34, 36, 38 and 40 of this Regulation, any processing of information in SIS for purposes other than those for which it was entered into SIS has to be linked with a specific case and justified by the need to prevent an imminent and serious threat to public policy and to public security, on serious grounds of national security or for the purposes of preventing a serious crime. Prior authorisation from the issuing Member State ▌shall be obtained for this purpose.

6.  Any use of SIS data which does not comply with paragraphs 1 to 5 of this Article shall be considered as misuse under the national law of each Member State and subject to penalties in accordance with Article 73.

7.  Each Member State shall send ▌to eu-LISA ▌a list of its competent authorities which are authorised to search the data in SIS directly pursuant to this Regulation, as well as any changes to the list. The list shall specify, for each authority, which data it may search and for what purposes. eu-LISA shall ensure that the list is published in the Official Journal of the European Union annually. eu-LISA shall maintain a continuously updated list on its website containing changes sent by Member States between the annual publications.

8.  Insofar as Union law does not lay down specific provisions, the law of each Member State shall apply to data in its N.SIS.

Article 57

SIS data and national files

1.  Article 56(2) shall be without prejudice to the right of a Member State to keep in its national files SIS data in connection with which action has been taken on its territory. Such data shall be kept in national files for a maximum period of three years, except if specific provisions in national law provide for a longer retention period.

2.  Article 56(2) shall be without prejudice to the right of a Member State to keep in its national files data contained in a particular alert entered in SIS by that Member State.

Article 58

Information in the case of non-execution of an alert

If a requested action cannot be performed, the Member State from which action is requested shall immediately inform the issuing Member State through the exchange of supplementary information.

Article 59

Quality of the data in SIS

1.  An issuing Member State ▌shall be responsible for ensuring that the data are accurate, up-to-date, and entered and stored in SIS lawfully.

2.  Where an issuing Member State receives relevant additional or modified data as listed in Article 20(3), it shall complete or modify the alert without delay.

3.  Only the issuing Member State ▌shall be authorised to modify, add to, correct, update or delete data which it has entered into SIS.

4.   Where a Member State other than the issuing Member State has relevant additional or modified data as listed in Article 20(3), it shall transmit them without delay, through the exchange of supplementary information, to the issuing Member State to enable the latter to complete or modify the alert. If the additional or modified data relate to persons they shall only be transmitted if the identity of the person is ascertained.

5.  Where a Member State other than the issuing Member State has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored, it shall, through the exchange of supplementary information, inform the issuing Member State as soon as possible and not later than two working days after that evidence has come to its attention. The issuing Member State shall check the information and, if necessary, correct or delete the item in question without delay.

6.  Where the Member States are unable to reach an agreement within two months of the time when evidence first came to light as referred to in paragraph 5 of this Article, the Member State which did not enter the alert shall submit the matter to the supervisory authorities concerned and to the European Data Protection Supervisor for a decision, by means of cooperation in accordance with Article 71.

7.  The Member States shall exchange supplementary information in cases where a person complains that he or she is not the intended subject of an alert. Where the outcome of the check shows that the intended subject of an alert is not the complainant, the complainant shall be informed of the measures laid down in Article 62 and of the right to redress under Article 68(1).

Article 60

Security incidents

1.  Any event that has or may have an impact on the security of SIS or may cause damage or loss to SIS data or to the supplementary information 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, Eurojust 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 Central SIS.

4.  Information regarding a security incident that has or may have an impact on the operation of SIS in a Member State or within eu-LISA, on the availability, integrity and confidentiality of the data entered or sent by other Member States or on supplementary information exchanged, shall be provided to all Member States without delay and reported in compliance with the incident management plan provided by eu-LISA.

5.  The Member States and eu-LISA shall collaborate in the event of a security incident.

6.  The Commission shall report serious incidents immediately to the European Parliament and to the Council. Those 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, Eurojust and the European Border and Coast Guard Agency shall ensure that penalties are imposed in accordance with Article 73.

Article 61

Distinguishing between persons with similar characteristics

1.  Where upon a new alert being entered it becomes apparent that there is already an alert in SIS on a person with the same description of identity, the SIRENE Bureau shall contact the issuing Member State through the exchange of supplementary information within 12 hours to cross-check whether the subjects of the two alerts are the same person.

2.  Where the cross-check reveals that the subject of the new alert and the person subject to the alert already entered in SIS are indeed one and the same person, the SIRENE Bureau shall apply the procedure for entering multiple alerts referred to in Article 23.

3.  Where the outcome of the cross-check is that there are in fact two different persons, the SIRENE Bureau shall approve the request for entering the second alert by adding the data necessary to avoid any misidentifications.

Article 62

Additional data for the purpose of dealing with misused identities

1.  Where confusion may arise between the person intended to be the subject of an alert and a person whose identity has been misused, the issuing Member State shall, subject to the explicit consent of the person whose identity has been misused, add data relating to the latter to the alert in order to avoid the negative consequences of misidentification. Any person whose identity has been misused shall have the right to withdraw his or her consent regarding the processing of the added personal data.

2.  Data relating to a person whose identity has been misused shall be used only for the following purposes:

(a)  to allow the competent authority to distinguish the person whose identity has been misused from the person intended to be the subject of the alert; and

(b)  to allow the person whose identity has been misused to prove his or her identity and to establish that his or her identity has been misused.

3.  For the purpose of this Article, and subject to the explicit consent of the person whose identity has been misused for each data category, only the following personal data of the person whose identity has been misused may be entered and further processed in SIS:

(a)  surnames;

(b)  forenames;

(c)  names at birth;

(d)  previously used names and any aliases possibly entered separately;

(e)  any specific objective and physical characteristic not subject to change;

(f)  place of birth;

(g)  date of birth;

(h)  gender;

(i)  photographs and facial images;

(j)  fingerprints, palm prints or both;

(k)  any nationalities held;

(l)  the category of the person’s identification documents;

(m)  the country of issue of the person’s identification documents;

(n)  the number(s) of the person’s identification documents;

(o)  the date of issue of a person’s identification documents;

(p)  address of the person;

(q)  person's father’s name;

(r)  person's mother’s name.

4.  The Commission shall adopt implementing acts to lay down and develop technical rules necessary for entering and further processing the data referred to in paragraph 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

5.  The data referred to in paragraph 3 shall be deleted at the same time as the corresponding alert or earlier where the person so requests.

6.  Only the authorities having a right of access to the corresponding alert may access the data referred to in paragraph 3. They may do so for the sole purpose of avoiding misidentification.

Article 63

Links between alerts

1.  A Member State may create a link between alerts it enters in SIS. The effect of such a link shall be to establish a relationship between two or more alerts.

2.  The creation of a link shall not affect the specific action to be taken on the basis of each linked alert or the review period of each of the linked alerts.

3.  The creation of a link shall not affect the rights of access provided for in this Regulation. Authorities with no right of access to certain categories of alerts shall not be able to see the link to an alert to which they do not have access.

4.  A Member State shall create a link between alerts when there is an operational need.

5.  Where a Member State considers that the creation by another Member State of a link between alerts is incompatible with its national law or its international obligations, it may take the necessary measures to ensure that there can be no access to the link from its national territory or by its authorities located outside its territory.

6.  The Commission shall adopt implementing acts to lay down and develop technical rules for linking alerts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Article 64

Purpose and retention period of supplementary information

1.  Member States shall keep a reference to the decisions giving rise to an alert at the SIRENE Bureau in order to support the exchange of supplementary information.

2.  Personal data held in files by the SIRENE Bureau as a result of information exchanged shall be kept only for such time as may be required to achieve the purposes for which they were supplied. They shall in any event be deleted at the latest one year after the related alert has been deleted from SIS.

3.  Paragraph 2 shall be without prejudice to the right of a Member State to keep in national files data relating to a particular alert which that Member State has entered or to an alert in connection with which action has been taken on its territory. The period for which such data may be kept in those files shall be governed by national law.

Article 65

Transfer of personal data to third parties

Data processed in SIS and the related supplementary information exchanged pursuant to this Regulation shall not be transferred or made available to third countries or to international organisations.

CHAPTER XVI

DATA PROTECTION

Article 66

Applicable legislation

1.  Regulation (EU) 2018/… (50) shall apply to the processing of personal data by eu-LISA, by the European Border and Coast Guard Agency and by Eurojust under this Regulation. Regulation (EU) 2016/794 shall apply to the processing of personal data by Europol under this Regulation.

2.   Directive (EU) 2016/680 shall apply to the processing of personal data under this Regulation by the national competent authorities and services for the purposes of the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.

3.   Regulation (EU) 2016/679 shall apply to the processing of personal data under this Regulation ▌by the national competent ▌authorities and services with the exception of processing for the purposes of the prevention, detection, investigation ▌or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security ▌.

Article 67

Right of access, rectification of inaccurate data and erasure of unlawfully stored data

1.   Data subjects shall be able to exercise the rights laid down in Articles 15, 16 and 17 of Regulation (EU) 2016/679 and in Article 14 and Article 16 (1) and (2) of Directive(EU) 2016/680.

2.  A Member State other than the issuing Member State may provide to the data subject information concerning any of the data subject's personal data that are being processed only if it first gives the issuing Member State an opportunity to state its position. The communication between those Member States shall be done through the exchange of supplementary information.

3.  A Member State shall take a decision not to provide information to the data subject, in whole or in part, in accordance with national law, to the extent that, and for as long as such a partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the fundamental rights and legitimate interests of the data subject concerned, in order to:

(a)  avoid obstructing official or legal inquiries, investigations or procedures;

(b)  avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties;

(c)  protect public security;

(d)  protect national security; or

(e)  protect the rights and freedoms of others.

In cases referred to in the first subparagraph, the Member State shall inform the data subject in writing, without undue delay, of any refusal or restriction of access and of the reasons for the refusal or restriction. Such information may be omitted where its provision would undermine any of the reasons set out in points (a) to (e) of the first subparagraph. The Member State shall inform the data subject of the possibility of lodging a complaint with a supervisory authority or of seeking a judicial remedy.

The Member State shall document the factual or legal reasons on which the decision not to provide information to the data subject is based. That information shall be made available to the supervisory authorities.

For such cases, the data subject shall also be able to exercise his or her rights through the competent supervisory authorities.

4.   Following an application for access, rectification or erasure, the Member State shall inform the data subject as soon as possible and in any event within the deadlines referred to in Article 12(3) of Regulation (EU) 2016/679 about the follow-up given to the exercise of the rights under this Article.

Article 68

Remedies

1.  Without prejudice to the provisions on remedies of Regulation (EU) 2016/679 and of Directive (EU) 2016/680, any person may bring an action before any competent authority, including a court, under the law of any Member State to access, rectify, erase ▌, obtain information or obtain compensation in connection with an alert relating to him or her.

2.  The Member States undertake mutually to enforce final decisions handed down by the courts or authorities referred to in paragraph 1 of this Article, without prejudice to Article 72.

3.  Member States shall report annually to the European Data Protection Board on:

(a)  the number of ▌access requests submitted to the data controller and the number of cases where access to the data was granted;

(b)  the number of ▌access requests submitted to the supervisory authority and the number of cases where access to the data was granted;

(c)  the number of requests for the rectification of inaccurate data and for the erasure of unlawfully stored data to the data controller and the number of cases where the data were rectified or erased;

(d)  the number of requests for the rectification of inaccurate data and the erasure of unlawfully stored data submitted to the supervisory authority;

(e)  the number of court proceedings initiated;

(f)  the number of cases where the court ruled in favour of the applicant ▌;

(g)  any observations on cases of mutual recognition of final decisions handed down by the courts or authorities of other Member States on alerts entered by the ▌issuing Member State.

A template for the reporting referred to in this paragraph shall be developed by the Commission.

4.  The reports from the Member States shall be included in the joint report referred to in Article 71(4).

Article 69

Supervision of N.SIS

1.  Member States shall ensure that the independent supervisory authorities designated in each Member State and endowed with the powers referred to in Chapter VI of Regulation (EU) 2016/679 or Chapter VI of Directive (EU) 2016/680 monitor ▌the lawfulness of the processing of personal data in SIS on their territory, its transmission from their territory and the exchange and further processing of supplementary information on their territory.

2.  The supervisory authorities shall ensure that an audit of the data processing operations in its N.SIS is carried out in accordance with international auditing standards at least every four years. The audit shall either be carried out by the supervisory authorities, or the supervisory authorities shall directly order the audit from an independent data protection auditor. The supervisory authorities shall at all times retain control over and undertake the responsibilities of the independent auditor.

3.  Member States shall ensure that their supervisory authorities have sufficient resources to fulfil the tasks entrusted to them under this Regulation and have access to advice from persons with sufficient knowledge of biometric data.

Article 70

Supervision of eu-LISA

1.  The European Data Protection Supervisor shall be responsible for monitoring the processing of personal data by eu-LISA and for ensuring that it is carried out in accordance with this Regulation. The tasks and powers referred to in Articles 57 and 58 of Regulation (EU) 2018/…(51) shall apply accordingly.

2.  The European Data Protection Supervisor shall carry out an audit of the processing of personal data by eu-LISA ▌in accordance with international auditing standards at least every four years. A report on that audit shall be sent to the European Parliament, to the Council, to eu-LISA, to the Commission and to the supervisory authorities. eu-LISA shall be given an opportunity to make comments before the report is adopted.

Article 71

Cooperation between supervisory authorities and the European Data Protection Supervisor

1.  The supervisory authorities and the European Data Protection Supervisor, each acting within the scope of their respective competences, shall actively cooperate within the framework of their responsibilities and shall ensure coordinated supervision of SIS.

2.  The supervisory authorities and the European Data Protection Supervisor shall, each acting within the scope of their respective competences, exchange relevant information, assist each other in carrying out audits and inspections, examine difficulties in the interpretation or application of this Regulation and other applicable Union legal acts, study problems that are revealed through the exercise of independent supervision or through the exercise of the rights of data subjects, draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights, as necessary.

3.  For the purposes laid down in paragraph 2, the supervisory authorities and the European Data Protection Supervisor shall meet at least twice a year as part of the European Data Protection Board. The costs and servicing of these meetings shall be borne by the European Data Protection Board. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed jointly as necessary.

4.  A joint report of activities as regards coordinated supervision shall be sent annually by the European Data Protection Board to the European Parliament, to the Council, and to the Commission ▌.

CHAPTER XVII

LIABILITY AND PENALTIES

Article 72

Liability

1.   Without prejudice to the right to compensation and to any liability under Regulation (EU) 2016/679, Directive (EU) 2016/680 and Regulation (EU) 2018/…(52):

(a)  any person or Member State that has suffered material or non-material damage, as a result of an unlawful personal data processing operation through the use of N.SIS or any other act incompatible with this Regulation by a Member State, shall be entitled to receive compensation from that Member State; and

(b)  any person or Member State that has suffered material or non-material damage as a result of any act by eu-LISA incompatible with this Regulation shall be entitled to receive compensation from eu-LISA.

A Member State or eu-LISA shall be exempted from their liability under the first subparagraph, in whole or in part, if they prove that they are not responsible for the event which gave rise to the damage.

2.  If any failure of a Member State to comply with its obligations under this Regulation causes damage to SIS, that Member State shall be held liable for such damage, unless and insofar as eu-LISA or another Member State participating in SIS failed to take reasonable measures to prevent the damage from occurring or to minimise its impact.

3.  Claims for compensation against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the national law of that Member State. Claims for compensation against eu-LISA for the damage referred to in paragraphs 1 and 2 shall be subject to the conditions provided for in the Treaties.

Article 73

Penalties

Member States shall ensure that any misuse of SIS data or any processing of such data or any exchange of supplementary information contrary to this Regulation, is punishable in accordance with national law.

The penalties provided for shall be effective, proportionate and dissuasive.

CHAPTER XVIII

FINAL PROVISIONS

Article 74

Monitoring and statistics

1.  eu-LISA shall ensure that procedures are in place to monitor the functioning of SIS against objectives relating to output, cost-effectiveness, security and quality of service.

2.  For the purposes of technical maintenance, reporting, data quality reporting and statistics, eu-LISA shall have access to the necessary information relating to the processing operations performed in Central SIS.

3.  eu-LISA shall produce daily, monthly and annual statistics showing the number of records per category of alerts, both for each Member State and in aggregate. eu-LISA shall also provide annual reports on the number of hits per category of alert, how many times SIS was searched and how many times SIS was accessed for the purpose of entering, updating or deleting an alert, both for each Member State and in aggregate. The statistics produced shall not contain any personal data. The annual statistical report shall be published ▌.

4.  Member States, Europol, Eurojust and the European Border and Coast Guard Agency shall provide eu-LISA and the Commission with the information necessary to draft the reports referred to in paragraphs 3, 6, 8 and 9.

5.  This information shall include separate statistics on the number of searches carried out by, or on behalf of, ▌the services in the Member States responsible for issuing vehicle registration certificates and the services in the Member States responsible for issuing registration certificates or ensuring traffic management for boats, including boat engines; and aircraft, including aircraft engines; and firearms. The statistics shall also show the number of hits per category of alert.

6.  eu-LISA shall provide the European Parliament, the Council, the Member States, the Commission, Europol, Eurojust, the European Border and Coast Guard Agency and the European Data Protection Supervisor with any statistical reports that it produces.

In order to monitor the implementation of Union legal acts, including for the purposes of Regulation (EU) No 1053/2013, the Commission may request that eu-LISA provide additional specific statistical reports, either on a regular or ad hoc basis, on the performance of SIS, the use of SIS and on the exchange of supplementary information.

The European Border and Coast Guard Agency may request that eu-LISA provide additional specific statistical reports for the purpose of carrying out risk analyses and vulnerability assessments as referred to in Articles 11 and 13 of Regulation (EU) 2016/1624, either on a regular or ad hoc basis.

7.  For the purpose of Article 15(4) and of paragraphs 3, 4 and 6 of this Article, eu-LISA shall establish, implement and host a central repository in its technical sites containing the data referred to in Article 15(4) and in paragraph 3 of this Article which shall not allow for the identification of individuals and which shall allow the Commission and the agencies referred to in paragraph 6 of this Article to obtain bespoke reports and statistics. Upon request, eu-LISA shall give access to Member States and the Commission, as well as, Europol, Eurojust and the European Border and Coast Guard Agency, to the extent required for the performance of their tasks, to the central repository by means of secured access through the Communication Infrastructure. eu-LISA shall implement access controls and specific user profiles to ensure that the central repository is accessed solely for the purpose of reporting and statistics.

8.  Two years after the date of application of this Regulation pursuant to the first subparagraph of Article 79(5) and every two years thereafter, eu-LISA shall submit to the European Parliament and to the Council a report on the technical functioning of Central SIS and of the Communication Infrastructure, including their security, on the AFIS and on the bilateral and multilateral exchange of supplementary information between Member States. This report shall also contain, once the technology is in use, an evaluation of the use of facial images to identify persons.

9.  Three years after the date of application of this Regulation pursuant to the first subparagraph of Article 79(5) and every four years thereafter, the Commission shall carry out an overall evaluation of Central SIS and the bilateral and multilateral exchange of supplementary information between Member States. That overall evaluation shall include an examination of results achieved against objectives, and an assessment of the continuing validity of the underlying rationale, the application of this Regulation in respect of Central SIS, the security of Central SIS and any implications for future operations. The evaluation report shall also include an assessment of the AFIS and the SIS information campaigns carried out by the Commission in accordance with Article 19.

The Commission shall transmit the evaluation report to the European Parliament and to the Council.

10.  The Commission shall adopt implementing acts to lay down detailed rules on the operation of the central repository referred to in paragraph 7 of this Article and the data protection and security rules applicable to that repository. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Article 75

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 38(3) and Article 43(4) shall be conferred on the Commission for an indeterminate period of time from ... [the date of entry into force of this Regulation].

3.  The delegation of power referred to in Article 38(3) and Article 43(4) 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 Interinstitutional 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 38(3) or Article 43(4) shall enter into force only if no objection has been expressed either by the European Parliament or by 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.

Article 76

Committee procedure

1.  The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 77

Amendments to Decision 2007/533/JHA

Decision 2007/533/JHA is amended as follows:

(1)  Article 6 is replaced by the following:"

“Article 6

National Systems

1.  Each Member State shall be responsible for setting up, operating, maintaining and further developing its N.SIS II and connecting it to NI-SIS.

2.  Each Member State shall be responsible for ensuring the uninterrupted availability of SIS II data to end-users.”;

"

(2)  Article 11 is replaced by the following: "

“Article 11

Confidentiality – Member States

1.  Each Member State shall apply its rules of professional secrecy or other equivalent duties of confidentiality to all persons and bodies required to work with SIS II data and supplementary information, in accordance with its national legislation. This obligation shall also apply after those people leave office or employment or after the termination of the activities of those bodies.

2.  Where a Member State cooperates with external contractors in any SIS II-related tasks, it shall closely monitor the activities of the contractor to ensure compliance with all provisions of this Decision, in particular on security, confidentiality and data protection.

3.  The operational management of N.SIS II or of any technical copies shall not be entrusted to private companies or private organisations.”;

"

(3)  Article 15 is amended as follows:

(a)  the following paragraph is inserted:"

"3a. The Management Authority shall develop and maintain a mechanism and procedures for carrying out quality checks on the data in CS-SIS. It shall provide regular reports to the Member States in this regard.

The Management Authority shall provide a regular report to the Commission covering the issues encountered and the Member States concerned.

The Commission shall provide the European Parliament and the Council with a regular report on data quality issues that are encountered.";

"

(b)  paragraph 8 is replaced by the following:"

“8. The operational management of Central SIS II shall consist of all the tasks necessary to keep Central SIS II functioning 24 hours a day, 7 days a week in accordance with this Decision, in particular the maintenance work and technical developments necessary for the smooth running of the system. Those tasks shall also include the coordination, management and support of testing activities for Central SIS II and the N.SIS II that ensure that Central SIS II and the N.SIS II operate in accordance with the requirements for technical compliance set out in Article 9.”;

"

(4)  in Article 17, the following paragraphs are added:"

“3. Where the Management Authority cooperates with external contractors in any SIS II-related tasks, it shall closely monitor the activities of the contractor to ensure compliance with all provisions of this Decision, in particular on security, confidentiality and data protection.

4.  The operational management of CS-SIS shall not be entrusted to private companies or private organisations.”;

"

(5)  in Article 21, the following paragraph is added:"

"Where a person or an object is sought under an alert related to a terrorist offence, the case shall be considered adequate, relevant and important enough to warrant an alert in SIS II. For public or national security reasons, Member States may exceptionally refrain from entering an alert when it is likely to obstruct official or legal inquiries, investigations or procedures.";

"

(6)  Article 22 is replaced by the following:"

“Article 22

Specific rules for entering, verification or search with photographs and fingerprints

1.  Photographs and fingerprints shall only be entered following a special quality check to ascertain whether they fulfil minimum data quality standards. The specification of the special quality check shall be established in accordance with the procedure referred to in Article 67.

2.  Where photographs and fingerprint data are available in an alert in SIS II, such photographs and fingerprint data shall be used to confirm the identity of a person who has been located as a result of an alphanumeric search made in SIS II.

3.  Fingerprint data may be searched in all cases to identify a person. However, fingerprint data shall be searched to identify a person where the identity of the person cannot be ascertained by other means. For that purpose, the Central SIS II shall contain an Automated Fingerprint Identification System (AFIS).

4.  Fingerprint data in SIS II in relation to alerts entered in accordance with Articles 26, 32 and 36 may also be searched using complete or incomplete sets of fingerprints discovered at the scenes of serious crimes or terrorist offences under investigation, where it can be established to a high degree of probability that those sets of prints belong to a perpetrator of the offence and provided that the search is carried out simultaneously in the Member State's relevant national fingerprints databases.";

"

(7)  Article 41 is replaced by the following:"

“Article 41

Access to data in SIS II by Europol

1.  The European Union Agency for Law Enforcement Cooperation (Europol), established by Regulation (EU) 2016/794 of the European Parliament and of the Council*, shall, where necessary to fulfil its mandate, have the right to access and search data in SIS II. Europol may also exchange and further request supplementary information in accordance with the provisions of the SIRENE Manual.

2.  Where a search by Europol reveals the existence of an alert in SIS II, Europol shall inform the issuing Member State through the exchange of supplementary information by means of the Communication Infrastructure and in accordance with the provisions set out in the SIRENE Manual. Until Europol is able to use the functionalities intended for the exchange of supplementary information, it shall inform issuing Member States through the channels defined by Regulation (EU) 2016/794.

3.  Europol may process the supplementary information that has been provided to it by Member States for the purposes of comparing it with its databases and operational analysis projects, aimed at identifying connections or other relevant links and for the strategic, thematic or operational analyses referred to in points (a), (b) and (c) of Article 18(2) of Regulation (EU) 2016/794. Any processing by Europol of supplementary information for the purpose of this Article shall be carried out in accordance with that Regulation.

4.  Europol's use of information obtained from a search in SIS II or from the processing of supplementary information shall be subject to the consent of the issuing Member State. If the Member State allows the use of such information, its handling by Europol shall be governed by Regulation (EU) 2016/794. Europol shall only communicate such information to third countries and third bodies with the consent of the issuing Member State and in full compliance with Union law on data protection.

5.  Europol shall:

   (a) without prejudice to paragraphs 4 and 6, not connect parts of SIS II nor transfer the data contained in it to which it has access to any system for data collection and processing operated by or at Europol, nor download or otherwise copy any part of SIS II;
   (b) notwithstanding Article 31(1) of Regulation (EU) 2016/794, delete supplementary information containing personal data at the latest one year after the related alert has been deleted. By way of derogation, where Europol has information in its databases or operational analysis projects on a case to which the supplementary information is related, in order for Europol to perform its tasks, Europol may exceptionally continue to store the supplementary information when necessary. Europol shall inform the issuing and the executing Member State of the continued storage of such supplementary information and present a justification for it;
   (c) limit access to data in SIS II, including supplementary information, to specifically authorised staff of Europol who require access to such data for the performance of their tasks;
   (d) adopt and apply measures to ensure security, confidentiality and self-monitoring in accordance with Articles 10, 11 and 13;
   (e) ensure that its staff who are authorised to process SIS II data receive appropriate training and information in accordance with Article 14; and
   (f) without prejudice to Regulation (EU) 2016/794, allow the European Data Protection Supervisor to monitor and review the activities of Europol in the exercise of its right to access and search data in SIS II and in the exchange and processing of supplementary information.

6.  Europol shall only copy data from SIS II for technical purposes where such copying is necessary in order for duly authorised Europol staff to carry out a direct search. This Decision shall apply to such copies. The technical copy shall only be used for the purpose of storing SIS II data whilst those data are searched. Once the data have been searched they shall be deleted. Such uses shall not be considered to be unlawful downloading or copying of SIS II data. Europol shall not copy alert data or additional data issued by Member States or from CS-SIS II into other Europol systems.

7.  For the purpose of verifying the lawfulness of data processing, self-monitoring and ensuring proper data security and integrity, Europol shall keep logs of every access to and search in SIS II in accordance with the provisions of Article 12. Such logs and documentation shall not be considered to be unlawful downloading or copying of part of SIS II.

8.  Member States shall inform Europol through the exchange of supplementary information of any hit on alerts related to terrorist offences. Member States may exceptionally not inform Europol if doing so would jeopardise current investigations, the safety of an individual or be contrary to essential interests of the security of the issuing Member State.

9.  Paragraph 8 shall apply from the date that Europol is able to receive supplementary information in accordance with paragraph 1.

____________________

* Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).";

"

(8)  the following Article is inserted:"

"Article 42a

Access to data in SIS II by the European Border and Coast Guard teams, teams of staff involved in return-related tasks, and members of the migration management support teams

1.  In accordance with Article 40(8) of Regulation (EU) 2016/1624 of the European Parliament and of the Council*, the members of the teams referred to in points (8) and (9) of Article 2 of that Regulation shall, within their mandate and provided that they are authorised to carry out checks in accordance with Article 40(1) of this Decision and have received the required training in accordance with Article 14 of this Decision, have the right to access and search data in SIS II insofar it is necessary for the performance of their task and as required by the operational plan for a specific operation. Access to data in SIS II shall not be extended to any other team members.

2.  Members of the teams referred to in paragraph 1 shall exercise the right to access and search data in SIS II in accordance with paragraph 1 through a technical interface. The technical interface shall be set up and maintained by the European Border and Coast Guard Agency and shall allow direct connection to Central SIS II.

3.  Where a search by a member of the teams referred to in paragraph 1 of this Article reveals the existence of an alert in SIS II, the issuing Member State shall be informed thereof. In accordance with Article 40 of Regulation (EU) 2016/1624, members of the teams shall only act in response to an alert in SIS II under instructions from and, as a general rule, in the presence of border guards or staff involved in return-related tasks of the host Member State in which they are operating. The host Member State may authorise members of the teams to act on its behalf.

4.  For the purpose of verifying the lawfulness of data processing, self-monitoring and ensuring proper data security and integrity, the European Border and Coast Guard Agency shall keep logs of every access to and search in SIS II in accordance with the provisions of Article 12.

5.  The European Border and Coast Guard Agency shall adopt and apply measures to ensure security, confidentiality and self-monitoring in accordance with Articles 10, 11 and 13 and shall ensure that the teams referred to in paragraph 1 of this Article apply those measures.

6.  Nothing in this Article shall be interpreted as affecting the provisions of Regulation (EU) 2016/1624 concerning data protection or the European Border and Coast Guard Agency’s liability for any unauthorised or incorrect processing of data by it.

7.  Without prejudice to paragraph 2, no parts of SIS II shall be connected to any system for data collection and processing operated by the teams referred to in paragraph 1 or by the European Border and Coast Guard Agency, nor shall the data in SIS II to which those teams have access be transferred to such a system. No part of SIS II shall be downloaded or copied. The logging of access and searches shall not be considered to be unlawful downloading or copying of SIS II data.

8.  The European Border and Coast Guard Agency shall allow the European Data Protection Supervisor to monitor and review the activities of the teams referred to in this Article in the exercise of their right to access and search data in SIS II. This shall be without prejudice to the further provisions of Regulation (EU) 2018/… of the European Parliament and of the Council**(53).

____________________

* Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251 of 16.9.2016, p. 1).

** Regulation (EU) 2018/… of the European Parliament and of the Council of ... on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ…).”.

"

Article 78

Repeal

Regulation (EC) No 1986/2006 and Decisions 2007/533/JHA and 2010/261/EU are repealed from the date of application of this Regulation as set out in the first subparagraph of Article 79(5).

References to the repealed Regulation (EC) No 1986/2006 and Decision 2007/533/JHA shall be construed as references to this Regulation and shall be read in accordance with the correlation tables in the Annex.

Article 79

Entry into force, start of operation and application

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

2.  No later than ... [3 years after the entry into force of this Regulation] the Commission shall adopt a decision setting the date on which SIS operations start pursuant to this Regulation, after verification that the following conditions have been met:

(a)  the ▌implementing acts necessary for the application of this Regulation have been adopted;

(b)  Member States have notified the Commission ▌that they have made the necessary technical and legal arrangements to process SIS data and exchange supplementary information pursuant to this Regulation; and

(c)  eu-LISA has notified the Commission of the successful completion of all testing activities with regard to CS-SIS and to the interaction between CS-SIS and N.SIS.

3.   The Commission shall closely monitor the process of gradual fulfilment of the conditions set out in paragraph 2 and shall inform the European Parliament and the Council about the outcome of the verification referred to in that paragraph.

4.  By … [one year after the entry into force of this Regulation] and every year thereafter until the decision of the Commission referred to in paragraph 2 has been taken, the Commission shall submit a report to the European Parliament and to the Council on the state of play of preparations for the full implementation of this Regulation. That report shall contain also detailed information about the costs incurred and information as to any risks which may impact the overall costs.

5.  This Regulation shall apply from the date determined in accordance with paragraph 2.

By way of derogation from the first subparagraph:

(a)  Article 4(4), Article 5, Article 8(4), Article 9(1) and (5), Article 12(8), Article 15(7), Article 19, Article 20(4) and (5), Article 26(6), Article 32(9), Article 34(3), Article 36(6), Article 38(3) and (4), Article 42(5), Article 43(4), Article 54(5), Article 62(4), Article 63(6), Article 74(7) and (10) Article 75, Article 76, points (1) to (5) of Article 77, and paragraphs 3 and 4 of this Article shall apply from the date of entry into force of this Regulation;

(b)  points (7) and (8) of Article 77 shall apply from ... [one year after the entry into force of this Regulation];

(c)  point 6 of Article 77 shall apply from ... [two years after the entry into force of this Regulation].

6.  The Commission decision referred to in paragraph 2 shall be published in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at,

For the European Parliament For the Council

The President The President

ANNEX

Correlation table

Decision 2007/533/JHA

This Regulation

Article 1

Article 1

Article 2

Article 2

Article 3

Article 3

Article 4

Article 4

Article 5

Article 5

Article 6

Article 6

Article 7

Article 7

Article 8

Article 8

Article 9

Article 9

Article 10

Article 10

Article 11

Article 11

Article 12

Article 12

Article 13

Article 13

Article 14

Article 14

Article 15

Article 15

Article 16

Article 16

Article 17

Article 17

Article 18

Article 18

Article 19

Article 19

Article 20

Article 20

Article 21

Article 21

Article 22

Articles 42 and 43

Article 23

Article 22

Article 23

Article 24

Article 24

Article 25

Article 25

Article 26

Article 26

Article 27

Article 27

Article 28

Article 28

Article 29

Article 29

Article 30

Article 30

Article 31

Article 31

Article 32

Article 32

Article 33

Article 33

Article 34

Article 34

Article 35

Article 35

Article 36

Article 36

Article 37

Article 37

Article 38

Article 38

Article 39

Article 39

Article 40

Article 41

Article 40

Article 44

Article 45

Article 46

Article 47

Article 41

Article 48

Article 42

Article 49

Article 51

Article 42a

Article 50

Article 43

Article 52

Article 44

Article 53

Article 45

Article 54

Article 55

Article 46

Article 56

Article 47

Article 57

Article 48

Article 58

Article 49

Article 59

Article 60

Article 50

Article 61

Article 51

Article 62

Article 52

Article 63

Article 53

Article 64

Article 54

Article 65

Article 55

Article 56

Article 57

Article 66

Article 58

Article 67

Article 59

Article 68

Article 60

Article 69

Article 61

Article 70

Article 62

Article 71

Article 63

Article 64

Article 72

Article 65

Article 73

Article 66

Article 74

Article 75

Article 67

Article 76

Article 68

Article 77

Article 69

Article 78

Article 70

Article 71

Article 79

Regulation (EC) No 1986/2006

This Regulation

Articles 1, 2 and 3

Article 45

(1) Position of the European Parliament of 24 October 2018.
(2)OJ L 239, 22.9.2000, p. 19..
(3)Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II) (OJ L 328, 13.12.2001, p. 4).
(4)Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen Information System (SIS II ) (OJ L 328, 13.12.2001, p. 1).
(5)Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information system (SIS II) (OJ L 381, 28.12.2006, p. 4).
(6)Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information system (SIS II) (OJ L 205, 7.8.2007, p. 63).
(7) Regulation (EU) 2018/… of the European Parliament and of the Council of … on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 (OJ L …).
(8)+ OJ: Please insert the serial number in the text and complete the publication reference in the footnote for Regulation contained in PE-CONS 35/18.
(9) Regulation (EU) 2018/... of the European Parliament and of the Council of … on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L … ).
(10)+ OJ: Please insert the number and complete the publication reference in the footnote for Regulation contained in PE-CONS 29/18.
(11) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
(12) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(13)Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1)
(14) Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 12).
(15)Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).
(16) Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294, 6.11.2013, p. 1).
(17) Regulation (EU) 2018/… of the European Parliament and of the Council of … on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L …).
(18)+ OJ: Please insert the serial number in the text and complete the publication reference in the footnote of the Regulation contained in PE-CONS 31/18.
(19)Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
(20) OJ L 56, 4.3.1968, p. 1.
(21)Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).
(22)Regulation (EU) No182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(23)+ OJ: Please insert the number of Regulation contained in PE-CONS 35/18.
(24)OJ L 123, 12.5.2016, p. 1.
(25) Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43)
(26) Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).
(27)OJ L 176, 10.7.1999, p. 36.
(28)Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).
(29) OJ L 53, 27.2.2008, p. 52.
(30)Council Decision 2008/149/JHA of 28 January 2008 on the conclusion on behalf of the European Union of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 50).
(31)OJ L 160, 18.6.2011, p. 21.
(32)Council Decision 2011/349/EU of 7 March 2011 on the conclusion on behalf of the European Union of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating in particular to judicial cooperation in criminal matters and police cooperation (OJ L 160, 18.6.2011, p. 1).
(33)Council Decision 2010/365/EU of 29 June 2010 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania (OJ L 166, 1.7.2010, p. 17).
(34) Council Decision (EU) 2018/934 of 25 June 2018 on the putting into effect of the remaining provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania (OJ L 165, 2.7.2018, p. 37).
(35)Council Decision (EU) 2017/733 of 25 April 2017 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Croatia (OJ L 108, 26.4.2017, p. 31).
(36) Regulation (EC) No 1986/2006 of the European Parliament and of the Councilof 20 December 2006 regarding access to the Second Generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates (OJ L 381, 28.12.2006, p. 1).
(37) Commission Decision 2010/261/EU of 4 May 2010 on the Security Plan for Central SIS II and the Communication Infrastructure (OJ L 112, 5.5.2010, p. 31).
(38) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
(39)Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
(40)Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).
(41)+ OJ: Please insert the serial number of Regulation contained in PE-CONS 29/18.
(42) Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (OJ L 295, 6.11.2013, p. 27).
(43)Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60).
(44)Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network (OJ L 64, 2.3.2004, p. 1).
(45)Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57).
(46) Regulation (EU) 2018/… of the European Parliament and of the Council of … on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (OJ L …)
(47)+ OJ: Please insert the number and complete the publication reference in the footnote for Regulation contained in PE-CONS 37/18.
(48)+ OJ: Please insert the number of Regulation contained in PE-CONS 31/18.
(49)+ OJ: Please insert the serial number of Regulation contained in PE-CONS 31/18.
(50)+ OJ: Please insert the serial number of Regulation contained in PE-CONS 31/18.
(51)+ OJ: Please insert the serial number of Regulation contained in PE-CONS 31/18.
(52)+ OJ: Please insert the serial number of Regulation contained in PE-CONS 31/18.
(53)+ OJ: Please insert the number in the text and complete the publication reference in the footnote for Regulation contained in PE-CONS 31/18.


Use of the Schengen Information System for the return of illegally staying third-country nationals ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 24 October 2018 on the proposal for a regulation of the European Parliament and of the Council on the use of the Schengen Information System for the return of illegally staying third-country nationals (COM(2016)0881 – C8-0532/2016 – 2016/0407(COD))
P8_TA-PROV(2018)0414A8-0348/2017

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2016)0881),

–  having regard to Article 294(2) and Article 79(2)(c) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0532/2016),

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

–  having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 19 June 2018 to approve Parliament’s position, in accordance with Article 294(4) 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 Foreign Affairs (A8-0348/2017),

1.  Adopts its position at first reading hereinafter set out;

2.  Approves the joint statement by Parliament and the Council annexed to this resolution;

3.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

4.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 24 October 2018 with a view to the adoption of Regulation (EU) 2018/… of the European Parliament and of the Council on the use of the Schengen Information System for the return of illegally staying third-country nationals

P8_TC1-COD(2016)0407


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(c) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure(1),

Whereas:

(1)  The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in full respect of fundamental rights and in particular the principle of non-refoulement, and in accordance with Directive 2008/115/EC of the European Parliament and of the Council(2), is an essential part of the comprehensive efforts to tackle irregular migration and increase the rate of return of irregular migrants.

(2)  It is necessary to increase the effectiveness of the Union system to return illegally staying third-country nationals. This is essential for maintaining public trust in the Union migration and asylum policy and providing support to persons in need of international protection.

(3)  Member States should take all necessary measures to return illegally staying third-country nationals in an effective and proportionate manner, in accordance with the provisions of Directive 2008/115/EC.

(4)  Regulation (EU) 2018/…(3)(4)and Regulation (EU) 2018/…(5)(6) of the European Parliament and of the Council lay down the conditions for the establishment, operation and use of the Schengen Information System (SIS).

(5)  A ▌system should be established for sharing information between Member States that use SIS pursuant to Regulation (EU) 2018/… (7) concerning return decisions issued in respect of third-country nationals staying illegally on the territory of the Member States ▌and for monitoring whether third-country nationals subject to those decisions have left the territory of the Member States.

(6)  This Regulation does not affect the rights and obligations of third-country nationals laid down in Directive 2008/115/EC. An alert entered into SIS for the purpose of return does not, in itself, constitute a determination of the status of the third‑country national on the territory of Member States, especially in Member States other than the Member State which entered the alert into SIS.

(7)  Alerts on return entered into SIS and the exchange of supplementary information concerning those alerts should support competent authorities to take the necessary measures to enforce return decisions ▌. SIS should contribute to the identification of and the information sharing between Member States on third-country nationals who are subject to such a return decision, who have absconded and are apprehended in another Member State. Those measures should help prevent and deter irregular migration and secondary movements and enhance cooperation between Member States' authorities.

(8)  To ensure the effectiveness of return and increase the added value of alerts on return, Member States should enter alerts into SIS in relation to ▌return decisions they issue in respect of illegally staying third-country nationals in accordance with provisions respecting Directive 2008/115/EC. For this purpose, Member States should also enter an alert into SIS when decisions imposing or stating an obligation to return are issued in the situations described in Article 2(2) of that Directive, namely to third-country nationals who are subject to a refusal of entry in accordance with Regulation (EU) 2016/399 of the European Parliament and of the Council(8), or who are apprehended or intercepted by the competent authorities in connection with the irregular crossing by land, sea or air of the external border of a Member State and who have not subsequently obtained an authorisation or a right to stay in that Member State, and to third‑country nationals who are subject to return as a criminal law sanction or as a consequence of a criminal law sanction, according to national law, or who are the subject of extradition procedures. In certain circumstances, Member States may refrain from entering alerts on return into SIS where the risk of the return decision not being complied with is low, namely during any period of detention or when the return decision is issued at the external border and is executed immediately, in order to reduce their administrative burden.

(9)  This Regulation should set out common rules for entering alerts on return into SIS. Alerts on return should be entered into SIS as soon as the underlying return decisions ▌are issued. The alert should indicate whether a period for voluntary departure has been granted to the third-country national concerned, including whether such period has been extended ▌and whether the decision has been suspended or removal has been postponed.

(10)  It is necessary to determine the categories of data to be entered into SIS in respect of a third-country national who is the subject of a return decision ▌. Alerts on return should contain only those data that are necessary to identify the data subjects, to allow the competent authorities to take informed decisions without losing time and to ensure, where necessary, the protection of those authorities from persons who are, for example, armed, violent, have escaped or are involved in an activity as referred to in Articles 3 to 14 of Directive (EU) 2017/541 of the European Parliament and of the Council (9). Furthermore, in order to facilitate identification and detect multiple identities, the alert should include also a reference to the identification document of the person concerned and a copy of that document, where available.

(11)  Given the reliability of identifying persons using fingerprints and photographs or facial images, they should always be inserted in alerts on return. As they may not be available, for example, when a return decision is taken in absentia, it should exceptionally be possible to derogate from this requirement in such cases.

(12)  The exchange of supplementary information provided by the national competent authorities on third-country nationals subject to alerts on return, should always be carried out through the network of national offices called SIRENE Bureaux serving as point of contact and in accordance with Articles 7 and 8 of Regulation (EU) 2018/…(10),.

(13)  Procedures should be established to enable Member States to verify that the obligation to return has been complied with and to confirm the departure of the third-country national concerned to the Member State that entered the alert on return into SIS. This information should contribute to more comprehensive monitoring of the compliance with return decisions ▌.

(14)  Alerts on return should be deleted as soon as the Member State or competent authority that issued the return decision receives confirmation that the return has taken place or where the competent authority has sufficient and convincing information that the third-country national has left the territory of the Member States. Where a return decision is accompanied by an entry ban, an alert for refusal of entry and stay should be entered into SIS in accordance with Regulation (EU) 2018/…(11). In such cases Member States should take all necessary measures to ensure that no time-gap exists between the moment in which the third-country national leaves the Schengen area and the activation of the alert for refusal of entry and stay in SIS. If the data contained in SIS show that the return decision is accompanied by an entry ban, the enforcement of the entry ban should be ensured.

(15)  SIS should contain a mechanism for notifying the Member States of the non-compliance of third-country nationals with an obligation to return within a given period of voluntary departure. The mechanism should support the Member States in fulfilling their obligations to enforce return decisions and their obligations to issue an entry ban in accordance with Directive 2008/115/EC with regard to third-country nationals who have not complied with an obligation to return.

(16)  This Regulation should establish mandatory rules for consultation between Member States to avoid or reconcile conflicting instructions. Consultations should be carried out where third-country nationals who hold, or are being granted, a valid residence permit or a long-stay visa by a Member State are subject to an alert on return issued by another Member State, in particular if the return decision is accompanied by an entry ban, or where conflicting situations may arise at entry in the territories of the Member States.

(17)  Alerts should be kept in SIS only for the time required to fulfil the purposes for which they were entered. ▌The relevant provisions of Regulation (EU) 2018/…(12) on review periods should apply. Alerts on return should be automatically deleted as soon as they expire, in accordance with the review procedure referred to in that Regulation.

(18)  Personal data obtained by a Member State pursuant to this Regulation should not be transferred or made available to any third country. As a derogation to that rule, it should be possible to transfer such personal data to a third country where the transfer is subject to strict conditions and is necessary in individual cases in order to assist with the identification of a third-country national for the purposes of his or her return. The transfer of any personal data to third countries should be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council(13) and be conducted with the agreement of the issuing Member State. It should be noted however, that third countries of return are often not subject to adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679. Furthermore, the extensive efforts of the Union in cooperating with the main countries of origin of illegally-staying third-country nationals subject to an obligation to return has not been able to ensure the systematic fulfilment by such third countries of the obligation established by international law to readmit their own nationals.

Readmission agreements that have been concluded or are being negotiated by the Union or the Member States and which provide for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679 cover a limited number of such third countries. Conclusion of any new agreement remains uncertain. In those circumstances, and as an exception to the requirement for an adequacy decision or appropriate safeguards, transfer of personal data to third-country authorities pursuant to this Regulation should be allowed for the purposes of implementing the return policy of the Union. It should be possible to use the derogation provided for in Article 49 of Regulation (EU) 2016/679, subject to the conditions set out in that Article. Under Article 57 of that Regulation, implementation of that Regulation, including with regard to transfers of personal data to third countries pursuant to this Regulation, should be subject to monitoring by independent supervisory authorities.

(19)  National authorities responsible for return might differ significantly among Member States, and such authorities might also vary within a Member State depending on the reasons for illegal stay. Judicial authorities might also issue return decisions ▌, for instance as result of appeals against a refusal to grant an authorisation or right to stay or as a criminal sanction. All national authorities in charge of issuing and enforcing return decisions in accordance with Directive 2008/115/EC should be entitled to access SIS in order to enter, update, delete and search alerts on return.

(20)  Access to alerts on return should be granted to the national competent authorities referred to in Regulation (EU) 2018/…(14) for the purpose of identification and return of third-country nationals.

(21)  Regulation (EU) 2016/794 of the European Parliament and of the Council(15) provides that Europol is to support and strengthen actions carried out by the national competent authorities and their cooperation in combating terrorism and serious crime and to provide analysis and threat assessments. In order to facilitate Europol in carrying out its tasks, in particular within the European Migrant Smuggling Centre, it is appropriate to allow Europol access to the category of alerts as provided for in this Regulation.

(22)  Regulation (EU) 2016/1624 of the European Parliament and of the Council(16) provides, for the purpose of that Regulation, that the host Member State is to authorise the members of the teams referred to in point (8) of Article 2 of that Regulation deployed by the European Border and Coast Guard Agency to consult Union databases where this consultation is necessary for fulfilling operational aims specified in the operational plan on border checks, border surveillance and return. The objective of the deployment of the teams referred to in points (8) and (9) of Article 2 of that Regulation is to provide technical and operational reinforcement to the requesting Member States, especially to those facing disproportionate migratory challenges. For the teams referred to in points (8) and (9) of Article 2 of that Regulation to fulfil their tasks, they require access to alerts on return in SIS through a technical interface of the European Border and Coast Guard Agency connecting to Central SIS.

(23)  The provisions on responsibilities of the Member States and the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice established by Regulation (EU) 2018/… of the European Parliament and of the Council(17)(18) (‘eu-LISA’), on the entry and processing of alerts, on the conditions for access to and retention of alerts, on data processing, on data protection, on liability and on monitoring and statistics in Regulation (EU) 2018/…(19) should also apply to data contained and processed in SIS in accordance with this Regulation.

(24)  Since the objectives of this Regulation, namely to establish a system for sharing information about return decisions issued by the Member States in accordance with provisions respecting Directive 2008/115/EC in view of facilitating their enforcement and to monitor the compliance of illegally staying third-country nationals with their obligation to return, cannot be sufficiently achieved by the Member States, but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(25)  This Regulation respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union.

(26)  The application of 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.

(27)  Member States should implement this Regulation in full respect of fundamental rights, including the respect of the principle of non-refoulement, and should always take into consideration the best interests of the child, family life, and the state of health or condition of vulnerability of the individuals concerned.

(28)  In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the TEU and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds ▌upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law.

(29)  This Regulation constitutes a development of ▌provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC(20); the United Kingdom is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application. ▌

(30)  This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC(21); Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application. ▌

(31)  As regards Iceland and Norway, this Regulation constitutes ▌a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis(22), which fall within the area referred to in Article 1, point (C) of Council Decision 1999/437/EC(23).

(32)  As regards Switzerland, this Regulation constitutes ▌a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis(24), which fall within the area referred to in Article 1, point (C) of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC(25).

(33)  As regards Liechtenstein, this Regulation constitutes ▌a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis(26), which fall within the area referred to in Article 1, point (C) of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU(27).

(34)  As regards Bulgaria and Romania, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 4(2) of the 2005 Act of Accession and should be read in conjunction with Council Decisions 2010/365/EU(28) and (EU) 2018/934(29).

(35)  As regards Croatia, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 4(2) of the 2011 Act of Accession and should be read in conjunction with Council Decision (EU) 2017/733(30).

(36)  Concerning Cyprus this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 3(2) of the 2003 Act of Accession.

(37)  The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council(31) and delivered an opinion on 3 May 2017,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

This Regulation lays down the conditions and procedures for the entry and processing of alerts in respect of third-country nationals subject to return decisions issued by the Member States in the Schengen Information System (SIS) established by Regulation (EU) 2018/…(32), as well as for exchanging supplementary information on such alerts.

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

(1)  ‘return’ means return as defined in point (3) of Article 3 of Directive 2008/115/EC;

(2)  ‘third-country national’ means a third-country national as defined in point (1) of Article 3 of Directive 2008/115/EC;

(3)  ‘return decision ▌’ means ▌an administrative or judicial decision or act, stating or declaring the stay of a third-country national to be illegal and imposing or stating an obligation to return that respects Directive 2008/115/EC;

(4)  ‘alert’ means an alert as defined in point (1) of Article 3 of Regulation (EU) 2018/…(33);

(5)  ‘supplementary information’ means supplementary information as defined in point (2) of Article 3 of Regulation (EU) 2018/…+;

(6)  ‘removal’ means removal as defined in point (5) of Article 3 of Directive 2008/115/EC;

(7)  ‘voluntary departure’ means a voluntary departure as defined in point (8) of Article 3 of Directive 2008/115/EC;

(8)  ‘issuing Member State’ means an issuing Member State as defined in point (10) of Article 3 of Regulation (EU) 2018/…+;

(9)  ‘granting Member State’ means a granting Member State as defined in point (11) of Article 3 of Regulation (EU) 2018/…+;

(10)  ‘executing Member State’ means an executing Member State as defined in point (12) of Article 3 of Regulation (EU) 2018/…(34);

(11)  ‘personal data’ means personal data as defined in point (1) of Article 4 of Regulation (EU) 2016/679;

(12)  ‘CS-SIS’ means the technical support function of the Central SIS as referred to in point (a) of Article 4(1) of Regulation (EU) 2018/…(35);

(13)  ‘residence permit’ means a residence permit as defined in point (16) of Article 2 of Regulation (EU) 2016/399;

(14)  ‘long-stay visa’ means a long-stay visa as referred to in Article 18(1) of Convention of 19 June 1990 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(36);

(15)  a ‘hit’ means a hit as defined in point (9) of Article 3 of Regulation (EU) 2018/…+;

(16)  ‘threat to public health’ means a threat to public health as defined in point (21) of Article 2 of Regulation (EU) 2016/399;

(17)  ‘external borders’ means the external borders as defined in point (2) of Article 2 of Regulation (EU) 2016/399.

Article 3

Entry of alerts on return into SIS

1.  Member States shall enter into SIS alerts on third-country nationals subject to a return decision ▌for the purpose of verifying that the obligation to return has been complied with and of supporting the enforcement of the return decisions. An alert on return shall be entered into SIS without delay following issue of a return decision ▌.

2.  Member States may refrain from entering alerts on return when the return decisions concern third-country nationals who are detained pending removal. If the third-country nationals concerned are released from detention without being removed, an alert on return shall be entered into SIS without delay.

3.  Member States may refrain from entering alerts on return when the return decision is issued at the external border of a Member State and is executed immediately.

4.  The period for voluntary departure granted ▌in accordance with Article 7 of Directive 2008/115/EC shall be recorded in the alert on return immediately. Any extension of that period shall be recorded in the alert without delay.

5.  Any suspension or postponement of the enforcement of the return decision, including as a result of the lodging of an appeal, shall immediately be recorded in the alert on return.

Article 4

Categories of data

1.  An alert on return entered into SIS in accordance with Article 3 of this Regulation shall contain only the following data:

(a)  surnames;

(b)  forenames;

(c)  names at birth;

(d)  previously used names and aliases;

(e)  place of birth;

(f)  date of birth;

(g)  gender;

(h)  any nationalities held;

(i)  whether the person concerned:

(i)  is armed;

(ii)  is violent;

(iii)  has absconded or escaped;

(iv)  poses a risk of suicide;

(v)  poses a threat to public health; or

(vi)  is involved in an activity referred to in Articles 3 to 14 of Directive (EU) 2017/541;

(j)  the reason for the alert;

(k)  the authority which created the alert;

(l)  a reference to the decision giving rise to the alert;

(m)  the action to be taken in the case of a hit;

(n)  links to other alerts pursuant to Article 48 of Regulation (EU) 2018/…(37);

(o)  whether the return decision is issued in relation to a third-country national who poses a threat to public policy, to public security or to national security;

(p)  the type of offence;

(q)  the category of the person’s identification documents;

(r)  the country of issue of the person’s identification documents;

(s)  the number(s) of the person’s identification documents;

(t)  the date of issue of the person’s identification documents;

(u)  photographs and facial images;

(v)  dactyloscopic data;

(w)  a ▌copy of the identification documents, in colour wherever possible;

(x)  last date of the period for voluntary departure, if granted;

(y)  whether the return decision ▌has been suspended or the enforcement of the decision has been postponed, including as a result of the lodging of an appeal;

(z)  whether the return decision is accompanied by an entry ban constituting the basis for an alert for refusal of entry and stay pursuant to point (b) of Article 24(1) of Regulation (EU) 2018/…(38).

2.  The minimum set of data necessary to enter an alert into SIS shall be the data referred to in points (a), (f), (j), (l), (m), (x) and (z) of paragraph 1. The other data referred to in that paragraph shall also be entered into SIS, if available.

3.  Dactyloscopic data referred to in point (v) of paragraph 1 may consist of:

(a)  one to ten flat fingerprints and one to ten rolled fingerprints of the third‑country national concerned;

(b)  up to two palm prints in respect of third-country nationals from whom the collection of fingerprints is impossible;

(c)  up to two palm prints in respect of third-country nationals who are subject to return as a criminal law sanction or who have committed a criminal offence on the territory of the Member State which issued the return decision.

Article 5

Authority responsible for the exchange of supplementary information

The SIRENE Bureau designated under Article 7 of Regulation (EU) 2018/…(39)shall ensure the exchange of all supplementary information on third-country nationals who are the subject of an alert on return, in accordance with Articles 7 and 8 of that Regulation.

Article 6

Hits at the external borders at exit - Confirmation of return

1.  In the event of a hit on an alert on return concerning a third‑country national who is ▌exiting the territory of the Member States through the external border of a Member State, the executing Member State ▌shall communicate the following information to the issuing Member State through the exchange of supplementary information:

(a)  that the third-country national has been identified;

(b)  the location and time of the check;

(c)  that the third-country national has left the territory of the Member States;

(d)  that the third-country national has been subject to removal, if this is the case.

Where a third-country national who is the subject of an alert on return exits the territory of the Member States through the external border of the issuing Member State, the confirmation of return shall be sent to the competent authority of that Member State in accordance with national procedures.

2.  The issuing Member State shall ▌delete the alert on return without delay following the receipt of the confirmation of return. Where applicable, an alert for refusal of entry and stay shall be entered without delay pursuant to point (b) of Article 24(1) of Regulation (EU) 2018/…(40).

3.  The Member States shall on a quarterly basis provide statistics to the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice ▌(eu-LISA) on the number of confirmed returns and on the number of those confirmed returns where the third-country national was subject to removal. eu-LISA shall compile the quarterly statistics into the annual statistical report referred to in Article 16 of this Regulation. The statistics shall not contain personal data.

Article 7

Non-compliance with return decisions

1.  Upon expiry of the period for voluntary departure indicated in an alert on return, including any possible extensions, CS-SIS shall automatically notify the issuing Member State.

2.  Without prejudice to the procedure referred to in Articles 6(1), 8 and 12, in the event of a hit on an alert on return, the executing Member State shall immediately contact the issuing Member State through the exchange of supplementary information in order to determine ▌the measures to be taken.

Article 8

Hits at the external borders upon entry

In the event of a hit on an alert on return concerning a third-country national who is entering the territory of the Member States through the external borders, the following shall apply:

(a)  where the return decision is accompanied by an entry ban, the executing Member State shall immediately inform the issuing Member State through the exchange of supplementary information. The issuing Member State shall immediately delete the alert on return and enter an alert for refusal of entry and stay pursuant to point (b) of Article 24(1) of Regulation (EU) 2018/…(41);

(b)  where the return decision is not accompanied by an entry ban, the executing Member State shall immediately inform the issuing Member State through the exchange of supplementary information, in order that the issuing Member State delete the alert on return without delay.

The decision on the entry of the third-country national shall be taken by the executing Member State in accordance with Regulation (EU) 2016/399.

Article 9

Prior consultation before granting or extending a residence permit or long-stay visa

1.  Where a Member State considers granting or extending a residence permit or long-stay visa to a third-country national who is the subject of an alert on return entered by another Member State that is accompanied by an entry ban, the Member States involved shall consult each other through the exchange of supplementary information, in accordance with the following rules:

(a)  the granting Member State shall consult the issuing Member State prior to granting or extending the residence permit or long-stay visa;

(b)  the issuing Member State shall reply to the consultation request within 10 calendar days;

(c)  the absence of a reply by the deadline referred to in point (b) shall mean that the issuing Member State does not object to the granting or extending of the residence permit or long-stay visa;

(d)  when making the relevant decision, the granting Member State shall take into account the reasons for the decision of the issuing Member State and shall consider, in accordance with national law, any threat to public policy or to public security which the presence of the third‑country national in question on the territory of the Member States may pose;

(e)  the granting Member State shall notify the issuing Member State of its decision; and

(f)  where the granting Member State notifies the issuing Member State that it intends to grant or extend the residence permit or long-stay visa or that it has decided to do so, the issuing Member State shall delete the alert on return.

The final decision on whether to grant a residence permit or long-stay visa to a third‑country national rests with the granting Member State.

2.  Where a Member State considers granting or extending a residence permit or long-stay visa to a third-country national who is the subject of an alert on return entered by another Member State which is not accompanied by an entry ban, the granting Member State shall inform without delay the issuing Member State that it intends to grant or has granted a residence permit or a long-stay visa. The issuing Member State shall delete the alert on return without delay.

Article 10

Prior consultation before entering an alert on return

Where a Member State has issued a return decision in accordance with Article 6(2) of Directive 2008/115/EC and considers entering an alert on return concerning a third-country national who is the holder of a valid residence permit or long-stay visa granted by another Member State, the Member States involved shall consult each other, through the exchange of supplementary information, in accordance with the following rules:

(a)  the Member State that has taken the return decision shall inform the granting Member State of the decision;

(b)  the information exchanged under point (a) shall include sufficient detail on the reasons for the return decision;

(c)  on the basis of the information provided by the Member State that has taken the return decision, the granting Member State shall consider whether there are reasons for withdrawing the residence permit or long-stay visa;

(d)  when making the relevant decision, the granting Member State shall take into account the reasons for the decision of the Member State that has taken the return decision and shall consider, in accordance with national law, any threat to public policy or to public security which the presence of the third‑country national in question on the territory of the Member States may pose;

(e)  within 14 calendar days of receipt of the request for consultation the granting Member State shall notify the Member State that has taken the return decision of its decision or, where it has been impossible for the granting Member State to take a decision within that period, shall make a reasoned request to extend exceptionally the time period for its response for a maximum of a further 12 calendar days;

(f)  where the granting Member State notifies the Member State that has taken the return decision that it is maintaining the residence permit or long-stay visa, the Member State that has taken the return decision shall not enter the alert on return.

Article 11

A posteriori consultation after entering an alert on return

Where it emerges that a Member State has entered an alert on return concerning a third-country national who is the holder of a valid residence permit or long-stay visa granted by another Member State, the issuing Member State may decide to withdraw the return decision. In the case of such withdrawal, it shall immediately delete the alert on return. However, where the issuing Member State decides to maintain the return decision issued in accordance with Article 6(2) of Directive 2008/115/EC, the Member States involved shall consult each other, through the exchange of supplementary information, in accordance with the following rules:

(a)  the issuing Member State shall inform the granting Member State of the return decision;

(b)  the information exchanged under point (a) shall include sufficient detail on the reasons for the alert on return;

(c)  on the basis of the information provided by the issuing Member State, the granting Member State shall consider whether there are reasons for withdrawing the residence permit or long-stay visa;

(d)  when making its decision, the granting Member State shall take into account the reasons for the decision of the issuing Member State and shall consider, in accordance with national law, any threat to public policy or to public security which the presence of the third‑country national in question on the territory of the Member States may pose;

(e)  within 14 calendar days of receipt of the request for consultation the granting Member State shall notify the issuing Member State of its decision or, where it has been impossible for the granting Member State to take a decision within that period, shall make a reasoned request to extend exceptionally the time period for its response for a maximum of a further 12 calendar days;

(f)  where the granting Member State notifies the issuing Member State that it is maintaining the residence permit or long-stay visa, the issuing Member State shall immediately delete the alert on return.

Article 12

Consultation in the case of a hit concerning a third‑country national holding a valid residence permit or long-stay visa

Where a Member State encounters a hit on an alert on return entered by a Member State concerning a third-country national who is the holder of a valid residence permit or long-stay visa granted by another Member State, the Member States involved shall consult each other through the exchange of supplementary information, in accordance with the following rules:

(a)  the executing Member State shall inform the issuing Member State of the situation;

(b)  the issuing Member State shall initiate the procedure laid down in Article 11;

(c)  the issuing Member State shall notify the executing Member State of the outcome following the consultation.

Article 13

Statistics on exchange of information

▌Member States shall provide statistics to eu-LISA on an annual basis on the exchanges of information carried out in accordance with Articles 8 to 12 and on the instances in which the deadlines provided for in those Articles were not met.

Article 14

Deletion of alerts

1.  In addition to Articles 6 and 8 to 12, alerts on return shall be deleted when the decision on the basis of which the alert was entered has been withdrawn or annulled by the competent authority. Alerts on return shall also be deleted when the third-country national concerned can demonstrate that he or she has left the territory of the Member States in compliance with the respective return decision ▌.

2.  Alerts on return concerning a person who has acquired citizenship of a Member State or of any State whose nationals are beneficiaries of the right of free movement under Union law shall be deleted as soon as the issuing Member State becomes aware, or is so informed pursuant to Article 44 of Regulation (EU) 2018/…(42) that the person in question has acquired such citizenship.

Article 15

Transfer of personal data to third countries for the purpose of return

1.  By way of derogation from Article 50 of Regulation (EU) 2018/…(43), the data referred to in points (a), (b), (c), (d), (e), (f), (g), (h), (q), (r), (s), (t), (u), (v) and (w) of Article 4(1) of this Regulation and the related supplementary information ▌may be transferred or made available to a third ▌country with the agreement of the issuing Member State.

2.  The transfer of the data to a third country shall be carried out in accordance with the relevant provisions of Union law, in particular provisions on protection of personal data, including Chapter V of Regulation (EU) 2016/679, with readmission agreements where applicable, and with the national law of the Member State transferring the data.

3.  The transfers of data to a third country shall take place only when the following conditions are met:

(a)  the data is transferred or made available solely for the purpose of identification of, and issuance of an identification or travel document to, an illegally staying ▌ thirdcountry national in view of his or her return;

(b)  the third-country national concerned has been informed that his or her personal data and supplementary information may be shared with the authorities of a third country.

4.  Transfers of personal data to third countries pursuant to this Article shall not prejudice the rights of applicants for and beneficiaries of international protection, in particular as regards non-refoulement, and the prohibition on disclosing or obtaining information set out in Article 30 of Directive 2013/32/EU of the European Parliament and of the Council(44).

5.  Data processed in SIS and the related supplementary information exchanged pursuant to this Regulation shall not be made available to a third country where the enforcement of the return decision was suspended or postponed, including as a result of the lodging of an appeal, on grounds that such return would violate the principle of non-refoulement.

6.  Application of Regulation (EU) 2016/679, including with regard to the transfer of personal data to third countries pursuant to this Article, and in particular the use, proportionality and necessity of transfers based on point (d) of Article 49(1) of that Regulation, shall be subject to monitoring by the independent supervisory authorities referred to in Article 51(1) of that Regulation.

Article 16

Statistics

eu-LISA shall produce daily, monthly and annual statistics, both for each Member State and in aggregate, on the number of alerts on return entered into SIS. The statistics shall include the data referred to in point (y) of Article 4(1), the number of notifications referred to in Article 7(1) and the number of alerts on return that have been deleted ▌. eu-LISA shall produce ▌statistics on the data provided by the Member States in accordance with Article 6(3) and Article 13. The statistics shall not contain any personal data.

Those statistics shall be included in the annual statistical report provided for in Article 60(3) of Regulation (EU) 2018/…(45).

Article 17

Competent authorities having a right to access data in SIS

1.  Access to data in SIS and the right to search such data shall be reserved to the national competent authorities referred to in ▌Article 34(1), (2) and (3) of Regulation (EU) 2018/…+ ▌.

2.  Europol shall within its mandate have the right to access and search data in SIS in accordance with Article 35 of Regulation (EU) 2018/…(46) for the purpose of supporting and strengthening action by the competent authorities of the Member States and their mutual cooperation in preventing and combating migrant smuggling and facilitation of irregular migration.

3.  Members of the teams referred to in points (8) and (9) of Article 2 of Regulation (EU) 2016/1624 shall within their mandate have the right to access and search data in SIS in accordance with Article 36 ▌of Regulation (EU) 2018/…+ for the purpose of carrying out border checks, border surveillance and return operations through the technical interface set up and maintained by the European Border and Coast Guard Agency.

Article 18

Evaluation

The Commission shall evaluate the application of this Regulation within two years of the date of the start of its application. This evaluation shall include an assessment of the possible synergies between this Regulation and Regulation (EU) 2017/2226 of the European Parliament and of the Council(47).

Article 19

Applicability of the provisions of Regulation (EU) 2018/…(48)

Insofar as not established in this Regulation, the entry, processing and updating of alerts, the provisions on responsibilities of the Member States and eu-LISA, ▌the conditions concerning access and the review period for alerts, data processing, data protection, liability and monitoring and statistics, as laid down in Articles 6 to 19, Article 20(3) and (4), Articles 21, 23, 32, 33, 34(5) and 38 to 60 of Regulation (EU) 2018/…+, shall apply to data entered and processed in SIS in accordance with this Regulation.

Article 20

Entry into force

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

It shall apply from the date set by the Commission in accordance with Article 66(2) of Regulation (EU) 2018/…+.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at …,

For the European Parliament For the Council

The President The President

ANNEX TO THE LEGISLATIVE RESOLUTION

Statement by the European Parliament and the Council (on Ireland/Return)

The European Parliament and the Council invite the Commission, without prejudice to its right of initiative, once Ireland participates in Directive 2008/115/EC to assess the legal situation in accordance with the Treaties and the relevant Protocols and, as required, to present a legislative proposal to enable that cooperation on return between Ireland and the other Member States may be carried out through the SIS.

(1) Position of the European Parliament of 24 October 2018.
(2) Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
(3)Regulation (EU) 2018/… of the European Parliament and of the Council of … on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 (OJ L …).
(4)+ OJ: Please insert the number in the text and complete the publication reference in the footnote of Regulation contained in PE-CONS 35/18.
(5)Regulation (EU) 2018/… on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L …).
(6)++ OJ: Please insert the number of the Regulation in the text and complete the publication reference in the footnote for Regulation PE-CONS 36/18.
(7)+ OJ: Please insert the number for Regulation contained in PE 35/18.
(8) Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).
(9)Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
(10)+ OJ: Please insert the number of Regulation contained in PE-CONS 35/18.
(11)+ OJ: Please insert the number of Regulation contained in PE-CONS 35/18.
(12)+ OJ: Please insert the number of Regulation contained in PE-CONS 35/18.
(13) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(14)+ OJ: Please insert the number of Regulation contained in PE-CONS 35/18.
(15) Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
(16) Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).
(17) Regulation (EU) 2018/... of the European Parliament and of the Council of … on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L … ).
(18)++ OJ: Please insert the serial number and complete the publication reference in the footnote for Regulation PE-CONS 29/18.
(19)+ OJ: Please insert the number of Regulation contained in PE-CONS 35/18.
(20)Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).
(21)Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).
(22)OJ L 176, 10.7.1999, p. 36.
(23)Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).
(24)OJ L 53, 27.2.2008, p. 52.
(25)Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).
(26)OJ L 160, 18.6.2011, p. 21.
(27)Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).
(28)Council Decision 2010/365/EU of 29 June 2010 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania (OJ L 166, 1.7.2010, p. 17).
(29) Council Decision (EU) 2018/934 of 25 June 2018 on the putting into effect of the remaining provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania (OJ L 165, 2.7.2018, p. 37).
(30)Council Decision (EU) 2017/733 of 25 April 2017 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Croatia (OJ L 108, 26.4.2017, p. 31).
(31) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
(32)+ OJ: Please insert the number of Regulation contained in PE-CONS 35/18.
(33)+ OJ: Please insert the number of Regulation contained in PE-CONS 35/18.
(34)
(35)+ OJ: Please insert the number of Regulation contained in PE-CONS 35/18.
(36)OJ L 239, 22.9.2000, p. 19.
(37)+ OJ: Please insert the number of Regulation contained in PE-CONS 35/18.
(38)+ OJ: Please insert the number of Regulation contained in PE-CONS 35/18.
(39)+ OJ: Please insert the number of Regulation contained in PE-CONS 35/18.
(40)+ OJ: Please insert the number of Regulation contained in PE-CONS 35/18.
(41)+ OJ: Please insert the number of Regulation contained in PE-CONS 35/18.
(42)+ OJ: Please insert the number of Regulation contained in PE-CONS 35/18.
(43)+ OJ: Please insert the number of Regulation contained in PE-CONS 35/18.
(44) Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60).
(45)+ OJ: Please insert the number of Regulation contained in PE-CONS 35/18.
(46)+ OJ: Please insert the number of Regulation contained in PE-CONS 35/18.
(47) Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20).
(48)+ OJ: Please insert the number of Regulation contained in PE-CONS 35/18.


Harmonisation of the structures of excise duties on alcohol and alcoholic beverages *
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European Parliament legislative resolution of 24 October 2018 on the proposal for a Council directive amending Directive 92/83/EEC on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages (COM(2018)0334 – C8-0269/2018 – 2018/0173(CNS))
P8_TA-PROV(2018)0415A8-0307/2018

(Special legislative procedure – consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2018)0334),

–  having regard to Article 113 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8‑0269/2018),

–  having regard to Rule 78c of its Rules of Procedure,

–  having regard to the report of the Committee on Economic and Monetary Affairs (A8-0307/2018),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;

5.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a directive
Recital 2 a (new)
(2a)   In its judgment of 17 May 2018 in Case C-30/17 Kompania Piwowarska1a the Court of Justice ruled on the calculation of the degree Plato.
____________
1a Judgment of the Court of Justice of 17 May 2018, Kompania Piwowarska, C-30/17, ECLI:EU:C:2018:325.
Amendment 2
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 92/83/EEC
Article 3 – paragraph 1 – subparagraph 1 a
All the ingredients of the beer, including those added after fermentation, shall be taken into account for the purposes of measuring the degree Plato.;
All the ingredients of the beer, with the exception of those added after the completion of fermentation, shall be taken into account for the purposes of measuring the degree Plato.

Renewing the authorisation for genetically modified maize NK603 × MON 810
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European Parliament resolution of 24 October 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize NK603 × MON 810 (MON-ØØ6Ø3-6 × MON-ØØ81Ø-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D058360/01 – 2018/2872(RSP))
P8_TA-PROV(2018)0416B8-0490/2018

The European Parliament,

–  having regard to the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize NK603 × MON 810 (MON-ØØ6Ø3-6 × MON-ØØ81Ø-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D058360/01),

–  having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed(1), and in particular Articles 11(3) and 23(3) thereof,

–  having regard to the vote of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003, on 11 September 2018, at which no opinion was delivered,

–  having regard to Article 11 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers(2),

–  having regard to the opinion adopted by the European Food Safety Authority (EFSA) on 24 January 2018 and published on 26 February 2018(3),

–  having regard to the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (COM(2017)0085, COD(2017)0035),

–  having regard to its previous resolutions objecting to the authorisation of genetically modified organisms(4),

–  having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety,

–  having regard to Rule 106(2) and (3) of its Rules of Procedure,

A.  whereas, on 20 October 2016, Monsanto Europe N.V./S.A. submitted to the Commission an application, in accordance with Articles 11 and 23 of Regulation (EC) No 1829/2003, for the renewal of the authorisation of genetically modified maize NK603 × MON 810 for food and feed uses;

B.  whereas, on 24 January 2018, EFSA adopted a favourable opinion(5) in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003, in which it concluded that the renewal application did not contain evidence for new hazards, modified exposure or scientific uncertainties that would change the conclusions of the original risk assessment on genetically modified maize NK603 × MON 810, adopted by EFSA in 2005(6);

C.  whereas EFSA, according to its scientific opinion, did not perform a systematic literature search of its own, but simply assessed the literature search carried out by the applicant, and on that basis concluded that no new publication had been identified which would raise a safety concern;

D.  whereas EFSA adopted its opinion under the assumption that the DNA sequence of the two events in genetically modified maize NK603 x MON 810 is identical to the sequence of the originally assessed events; whereas the applicant has not provided any data supporting that hypothesis;

E.  whereas genetically modified maize NK603 × MON 810 expresses a protein that confers tolerance to glyphosate herbicides; whereas on 20 March 2015 the International Agency for Research on Cancer – the specialised cancer agency of the World Health Organisation – classified glyphosate as probably carcinogenic to humans(7);

F.  whereas authorising the import of genetically modified maize NK603 × MON 810 into the Union is supposed to lead to an increase in its cultivation elsewhere, such as in Argentina, Brazil, Canada, Colombia, Japan, the Philippines, South Africa and Uruguay, and to a corresponding increase in the use of glyphosate containing herbicides;

G.  whereas genetically modified maize NK603 x MON 810 expresses the Cry1Ab protein, which is a Bt protein (derived from Bacillus thuringiensis) conferring resistance to certain lepidopteran insect pests (Ostrinia nubilalis, Sesamia spp.);

H.  whereas genetically modified Bt plants express the insecticidal toxin in every cell throughout their life, including in the parts eaten by humans and animals; whereas animal feeding experiments show that genetically modified Bt plants may have toxic effects(8); whereas it has been shown that the Bt toxin in genetically modified plants differs significantly from that of the naturally occurring Bt toxin(9);

I.  whereas concerns remain regarding a possible evolution of resistance to the Cry1Ab protein in lepidopteran target pests, which may lead to altered pest control practices in the countries where it is cultivated;

J.  whereas many critical comments were submitted by Member States during the three-month consultation period; whereas those comments refer to, inter alia: lacking information with regard to lines currently used; missing data, e.g. regarding the potential for horizontal gene transfer of the events MON 810 and NK603; a deficient literature review; a partly outdated data generation; and a fragmentary environmental monitoring approach, including the fact that the persistence of Cry proteins released to the environment was not monitored, no analysis of exposure of the environment to the Cry toxin had been conducted and that the occurrence of teosinte as a wild relative of maize in Europe had been ignored(10);

K.  whereas despite those concerns, a post-market monitoring plan was not required; whereas case-specific post-market environmental monitoring was also not considered necessary;

L.  whereas the vote on 11 September 2018 of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003 delivered no opinion; whereas 13 Member States voted against, while only 11 voted in favour, and four abstained;

M.  whereas, both in the explanatory memorandum of its legislative proposal presented on 22 April 2015 amending Regulation (EC) No 1829/2003 as regards the possibility for the Member States to restrict or prohibit the use of genetically modified food and feed on their territory and in the explanatory memorandum of the legislative proposal presented on 14 February 2017 amending Regulation (EU) No 182/2011, the Commission deplored the fact that, since the entry into force of Regulation (EC) No 1829/2003, authorisation decisions have been adopted by the Commission without the support of the Member States’ committee opinion and that the return of the dossier to the Commission for final decision, which is very much the exception for the procedure as a whole, has become the norm for decision-making on genetically modified food and feed authorisations; whereas that practice has, on several occasions, been deplored by Commission President Jean-Claude Juncker as not being democratic(11);

N.  whereas on 28 October 2015 Parliament rejected at first reading(12) the legislative proposal of 22 April 2015 amending Regulation (EC) No 1829/2003 and called on the Commission to withdraw it and submit a new one;

1.  Considers that the draft Commission implementing decision exceeds the implementing powers provided for in Regulation (EC) No 1829/2003;

2.  Considers that the draft Commission implementing decision is not consistent with Union law in that it is not compatible with the aim of Regulation (EC) No 1829/2003, which is, in accordance with the general principles laid down in Regulation (EC) No 178/2002 of the European Parliament and of the Council(13), to provide the basis for ensuring a high level of protection of human life and health, animal health and welfare, and environmental and consumer interests in relation to genetically modified food and feed, while ensuring the effective functioning of the internal market;

3.  Calls on the Commission to withdraw its draft implementing decision;

4.  Calls on the Commission to suspend any implementing decision regarding applications for authorisation of genetically modified organisms until the authorisation procedure has been revised in such a way so as to address the shortcomings of the current procedure, which has proven inadequate;

5.  Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.

(1) OJ L 268, 18.10.2003, p. 1.
(2) OJ L 55, 28.2.2011, p. 13.
(3) Scientific opinion on an application by Monsanto (application EFSA-GMO-RX-007) – Assessment of genetically modified maize NK603 x MON810 for renewal of authorisation under Regulation (EC) No 1829/2003 (application EFSA-GMO-RX-007). EFSA Journal 2018;16(2):5163: https://efsa.onlinelibrary.wiley.com/doi/epdf/10.2903/j.efsa.2018.5163
(4)––––––––––––––––––––––––– – Resolution of 16 January 2014 on the proposal for a Council decision concerning the placing on the market for cultivation, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a maize product (Zea mays L., line 1507) genetically modified for resistance to certain lepidopteran pests (OJ C 482, 23.12.2016, p. 110).Resolution of 16 December 2015 on Commission Implementing Decision (EU) 2015/2279 of 4 December 2015 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize NK603 × T25 (OJ C 399, 24.11.2017, p. 71).Resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87705 × MON 89788 (OJ C 35, 31.1.2018, p. 19).Resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87708 × MON 89788 (OJ C 35, 31.1.2018, p. 17).Resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean FG72 (MST-FGØ72-2) (OJ C 35, 31.1.2018, p. 15).Resolution of 8 June 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × MIR162 × MIR604 × GA21, and genetically modified maizes combining two or three of those events (OJ C 86, 6.3.2018, p. 108).Resolution of 8 June 2016 on the draft Commission implementing decision as regards the placing on the market of a genetically modified carnation (Dianthus caryophyllus L., line SHD-27531-4) (OJ C 86, 6.3.2018, p. 111).Resolution of 6 October 2016 on the draft Commission implementing decision renewing the authorisation for the placing on the market for cultivation of genetically modified maize MON 810 seeds (OJ C 215, 19.6.2018, p. 76).Resolution of 6 October 2016 on the draft Commission implementing decision authorising the placing on the market of genetically modified maize MON 810 products (OJ C 215, 19.6.2018, p. 80).Resolution of 6 October 2016 on the draft Commission implementing decision concerning the placing on the market for cultivation of genetically modified maize Bt11 seeds (OJ C 215, 19.6.2018, p. 70).Resolution of 6 October 2016 on the draft Commission implementing decision concerning the placing on the market for cultivation of genetically modified maize 1507 seeds (OJ C 215, 19.6.2018, p. 73).Resolution of 6 October 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton 281-24-236 × 3006-210-23 × MON 88913 (OJ C 215, 19.6.2018, p. 83).Resolution of 5 April 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × 59122 × MIR604 × 1507 × GA21, and genetically modified maizes combining two, three or four of the events Bt11, 59122, MIR604, 1507 and GA21 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 298, 23.8.2018, p. 34).Resolution of 17 May 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize DAS-40278-9, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 307, 30.8.2018, p. 71).Resolution of 17 May 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton GHB119 (BCS-GHØØ5-8) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ C 307, 30.8.2018, p. 67).Resolution of 13 September 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean DAS-68416-4, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 337, 20.9.2018, p. 54).Resolution of 4 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean FG72 × A5547-127 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 346, 27.9.2018, p. 55).Resolution of 4 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean DAS-44406-6, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 346, 27.9.2018, p. 60).Resolution of 24 October 2017 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize 1507 (DAS-Ø15Ø7-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 346, 27.9.2018, p. 122).Resolution of 24 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean 305423 × 40-3-2 (DP-3Ø5423-1 × MON-Ø4Ø32-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 346, 27.9.2018, p. 127).Resolution of 24 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified oilseed rapes MON 88302 × Ms8 × Rf3 (MON-883Ø2-9 × ACSBNØØ5-8 × ACS-BNØØ3-6), MON 88302 × Ms8 (MON-883Ø2-9 × ACSBNØØ5-8) and MON 88302 × Rf3 (MON-883Ø2-9 × ACS-BNØØ3-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 346, 27.9.2018, p. 133).Resolution of 1 March 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize 59122 (DAS-59122-7) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0051).Resolution of 1 March 2018 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize MON 87427 × MON 89034 × NK603 (MON-87427-7 × MON-89Ø34-3 × MON-ØØ6Ø3-6) and genetically modified maize combining two of the events MON 87427, MON 89034 and NK603, and repealing Decision 2010/420/EU (Texts adopted, P8_TA(2018)0052).Resolution of 3 May 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of food and feed produced from genetically modified sugar beet H7-1 (KM-ØØØH71-4) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0197).Resolution of 30 May 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize GA21 (MON-ØØØ21-9) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0221).Resolution of 30 May 2018 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize 1507 × 59122 × MON 810 × NK603, and genetically modified maize combining two or three of the single events 1507, 59122, MON 810 and NK603, and repealing Decisions 2009/815/EC, 2010/428/EU and 2010/432/EU pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0222).
(5) Scientific opinion on assessment of genetically modified maize NK603 × MON 810 for renewal of authorisation under Regulation (EC) No 1829/2003 (application EFSA-GMO-RX-007). EFSA Journal 2018;16(2):5163: https://efsa.onlinelibrary.wiley.com/doi/epdf/10.2903/j.efsa.2018.5163
(6) Opinion of the Scientific Panel on Genetically Modified Organisms on an application (Reference EFSA-GMO-UK-2004-01) for the placing on the market of glyphosate-tolerant and insect-resistant genetically modified maize NK603 × MON 810, for food and feed uses under Regulation (EC) No 1829/2003 from Monsanto. EFSA Journal (2005) 309, 1-22: https://efsa.onlinelibrary.wiley.com/doi/pdf/10.2903/j.efsa.2005.309
(7) IARC Monographs Volume 112: evaluation of five organophosphate insecticides and herbicides, 20 March 2015: http://monographs.iarc.fr/ENG/Monographs/vol112/mono112.pdf
(8) See, for example, El-Shamei Z.S., Gab-Alla A.A., Shatta A.A., Moussa E.A., Rayan A.M., Histopathological Changes in Some Organs of Male Rats Fed on Genetically Modified Corn (Ajeeb Y.G.). Journal of American Science, 2012, 8(9), pp. 1117-1123: https://www.researchgate.net/publication/235256452_Histopathological_Changes_in_Some_Organs_of_Male_Rats_Fed_on_Genetically_Modified_Corn_Ajeeb_YG
(9) Székács A., Darvas B., Comparative aspects of Cry Toxin Usage in Insect Control, in: Ishaaya I., Palli S.R., Horowitz A.R. (eds), Advanced Technologies for Managing Insect Pests, Dordrecht, Netherlands, Springer, 2012, pp. 195-230: https://link.springer.com/chapter/10.1007/978-94-007-4497-4_10
(10) See EFSA Register of Questions, Annex G to Question Number EFSA-Q-2017-00028 - available online at: http://registerofquestions.efsa.europa.eu/roqFrontend/ListOfQuestionsNoLogin?1&panel=ALL
(11) For example, in the Opening Statement at the European Parliament plenary session included in the Political Guidelines for the next European Commission (Strasbourg, 15 July 2014) or in the State of the Union Address 2016 (Strasbourg, 14 September 2016).
(12) OJ C 355, 20.10.2017, p. 165.
(13) OJ L 31, 1.2.2002, p. 1.


Authorisation for genetically modified maize MON 87427 × MON 89034 × 1507 × MON 88017 × 59122
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European Parliament resolution of 24 October 2018 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × 1507 × MON 88017 × 59122, and genetically modified maize combining two, three or four of the single events MON 87427, MON 89034, 1507, MON 88017 and 59122 and repealing Decision 2011/366/EU (D058361/01 – 2018/2873(RSP))
P8_TA-PROV(2018)0417B8-0491/2018

The European Parliament,

–  having regard to the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × 1507 × MON 88017 × 59122, and genetically modified maize combining two, three or four of the single events MON 87427, MON 89034, 1507, MON 88017 and 59122 and repealing Decision 2011/366/EU (D058361/01),

–  having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed(1), and in particular Articles 7(3) and 19(3) thereof,

–  having regard to the vote of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003, on 11 September 2018, at which no opinion was delivered,

–  having regard to Article 11 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers(2),

–  having regard to the opinion adopted by the European Food Safety Authority (EFSA) on 28 June 2017 and published on 1 August 2017(3),

–  having regard to the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (COM(2017)0085, COD(2017)0035),

–  having regard to its previous resolutions objecting to the authorisation of genetically modified organisms(4),

–  having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety,

–  having regard to Rule 106(2) and (3) of its Rules of Procedure,

A.  whereas, on 26 November 2013, Monsanto Europe S.A./N.V. submitted, on behalf of Monsanto Company, an application, in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003, for the placing on the market of foods, food ingredients and feed containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × 1507 × MON 88017 × 59122 (‘the application’) to the national competent authority of Belgium; whereas the application also covered the placing on the market of products containing or consisting of genetically modified maize MON 87427 × MON 89034 × 1507 × MON 88017 × 59122 for uses other than food and feed, with the exception of cultivation;

B.  whereas, in addition, the application covered the placing on the market of products containing, consisting of or produced from 25 sub-combinations of the single transformation events constituting genetically modified maize MON 87427 × MON 89034 × 1507 × MON 88017 × 59122; whereas 12 of these sub-combinations are already authorised; whereas the Commission implementing decision authorising the maize covers 14 sub-combinations;

C.  whereas Monsanto Europe S.A./N.V., the authorisation holder for one of the 12 sub-combinations already authorised, sub-combination MON 89034 × MON 88017, requested that the Commission repeal Decision 2011/366/EU and incorporate this Decision into the scope of the Commission Decision; whereas this request was granted; whereas the legitimacy of such an approach is questionable;

D.  whereas, on 28 June 2017, EFSA adopted a favourable opinion, in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003(5), related to the five-event stack maize, the previously assessed sub-combinations and the remaining sub-combinations;

E.  whereas EFSA acknowledges that no specific data have been submitted for any of the 14 sub-combinations; whereas many of them have not even been created yet; whereas EFSA nevertheless concludes that all sub-combinations are ‘expected to be as safe as the five-event stack maize’;

F.  whereas no toxicology testing has been performed, and no animal studies with food/feed derived from genetically modified maize MON 87427, MON 89034, 1507, MON 88017 and 59122, or any of the sub-combinations, were provided(6);

G.  whereas two of the maize varieties involved express proteins which confer tolerance to the glufosinate-ammonium herbicide(7); whereas glufosinate is classified as toxic to reproduction and thus falls under the exclusion criteria set out in Regulation (EC) No 1107/2009; whereas the approval of glufosinate expired on 31 July 2018(8);

H.  whereas two of the maize varieties involved express proteins which confer tolerance to glyphosate herbicides; whereas, on 20 March 2015, the International Agency for Research on Cancer – the specialised cancer agency of the World Health Organisation – classified glyphosate as probably carcinogenic to humans(9);

I.  whereas authorising the import of genetically modified maize MON 87427, MON 89034, 1507, MON 88017 and 59122 into the Union is supposed to lead to an increase in its cultivation elsewhere, such as in Mexico and South Korea, and to a corresponding increase in the use of glufosinate ammonium or glyphosate containing herbicides;

J.  whereas four of the maize varieties involved express Cry proteins, which are Bt proteins (derived from Bacillus thuringiensis) conferring resistance to certain lepidopteran and coleopteran pests respectively;

K.  whereas genetically modified Bt plants express the insecticidal toxin in every cell throughout their life, including in the parts eaten by humans and animals; whereas animal feeding experiments show that genetically modified Bt plants may have toxic effects(10); whereas it has been shown that the Bt toxin in genetically modified plants differs significantly from that of the naturally occurring Bt toxin(11);

L.  whereas concerns remain regarding a possible evolution of resistances to the Cry proteins in the target pests, which may lead to altered pest control practices in the countries where it is cultivated;

M.  whereas many critical comments were submitted by Member States during the three-month consultation period; whereas those comments refer to, inter alia: poor test designs, missing tests, e.g. as regards nutritional assessment, or the lack of any 90-day feeding study in rodents; missing or insufficient data, e.g. regarding unintended effects associated with the combination of the events, or regarding potential interactions of the eight proteins, which might lead to unintended effects; wrong assumptions by the applicant, e.g. as regards degradation of orally ingested DNA during its passage through the gastrointestinal tract; a partly missing environmental risk assessment, and an insufficient environmental monitoring plan(12);

N.  whereas independent research also raises concerns about major gaps in the comparative assessment, serious gaps as regards the missing toxicology assessment, about the inconclusive assessment with regard to allergenicity, the lack of consideration of combinatorial effects, and a flawed environmental risk assessment(13);

O.  whereas, in spite of all of these concerns, EFSA did not consider any post-market monitoring of food/feed derived from genetically modified maize MON 87427, MON 89034, 1507, MON 88017 and 59122 and its sub-combinations to be necessary;

P.  whereas the vote on 11 September 2018 of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003 delivered no opinion; whereas 14 Member States voted against, while only 11 voted in favour, and three abstained;

Q.  whereas, both in the explanatory memorandum of its legislative proposal presented on 22 April 2015 amending Regulation (EC) No 1829/2003 as regards the possibility for the Member States to restrict or prohibit the use of genetically modified food and feed on their territory and in the explanatory memorandum of the legislative proposal presented on 14 February 2017 amending Regulation (EU) No 182/2011, the Commission deplored the fact that, since the entry into force of Regulation (EC) No 1829/2003, authorisation decisions have been adopted by the Commission without the support of the Member States’ committee opinion and that the return of the dossier to the Commission for final decision, which is very much the exception for the procedure as a whole, has become the norm for decision-making on genetically modified food and feed authorisations; whereas that practice has, on several occasions, been deplored by Commission President Jean-Claude Juncker as not being democratic(14);

R.  whereas on 28 October 2015 Parliament rejected at first reading(15) the legislative proposal of 22 April 2015 amending Regulation (EC) No 1829/2003 and called on the Commission to withdraw it and submit a new one;

1.  Considers that the draft Commission implementing decision exceeds the implementing powers provided for in Regulation (EC) No 1829/2003;

2.  Considers that the draft Commission implementing decision is not consistent with Union law in that it is not compatible with the aim of Regulation (EC) No 1829/2003, which is, in accordance with the general principles laid down in Regulation (EC) No 178/2002 of the European Parliament and of the Council(16), to provide the basis for ensuring a high level of protection of human life and health, animal health and welfare, and environmental and consumer interests in relation to genetically modified food and feed, while ensuring the effective functioning of the internal market;

3.  Considers, more specifically, that the draft Commission implementing decision runs contrary to the principles of the general food law, as laid down in Regulation (EC) No 178/2002, to approve varieties for which no safety data have been provided, which have not even been tested, or which have not even been created yet;

4.  Calls on the Commission to withdraw its draft implementing decision;

5.  Calls on the Commission to suspend any implementing decision regarding applications for authorisation of genetically modified organisms until the authorisation procedure has been revised in such a way so as to address the shortcomings of the current procedure, which has proven inadequate;

6.  Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.

(1) OJ L 268, 18.10.2003, p. 1.
(2) OJ L 55, 28.2.2011, p. 13.
(3) Scientific opinion on application EFSA‐GMO‐BE‐2013‐118 for authorisation of genetically modified maize MON 87427 × MON 89034 × 1507 × MON 88017 × 59122 and subcombinations independently of their origin, for food and feed uses, import and processing submitted under Regulation (EC) No 1829/2003 by Monsanto Company, EFSA Journal Volume 15, Issue 8: https://efsa.onlinelibrary.wiley.com/doi/full/10.2903/j.efsa.2017.4921
(4)––––––––––––––––––––––––– – Resolution of 16 January 2014 on the proposal for a Council decision concerning the placing on the market for cultivation, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a maize product (Zea mays L., line 1507) genetically modified for resistance to certain lepidopteran pests (OJ C 482, 23.12.2016, p. 110).Resolution of 16 December 2015 on Commission Implementing Decision (EU) 2015/2279 of 4 December 2015 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize NK603 × T25 (OJ C 399, 24.11.2017, p. 71).Resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87705 × MON 89788 (OJ C 35, 31.1.2018, p. 19).Resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87708 × MON 89788 (OJ C 35, 31.1.2018, p. 17).Resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean FG72 (MST-FGØ72-2) (OJ C 35, 31.1.2018, p. 15).Resolution of 8 June 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × MIR162 × MIR604 × GA21, and genetically modified maizes combining two or three of those events (OJ C 86, 6.3.2018, p. 108).Resolution of 8 June 2016 on the draft Commission implementing decision as regards the placing on the market of a genetically modified carnation (Dianthus caryophyllus L., line SHD-27531-4) (OJ C 86, 6.3.2018, p. 111).Resolution of 6 October 2016 on the draft Commission implementing decision renewing the authorisation for the placing on the market for cultivation of genetically modified maize MON 810 seeds (OJ C 215, 19.6.2018, p. 76).Resolution of 6 October 2016 on the draft Commission implementing decision authorising the placing on the market of genetically modified maize MON 810 products (OJ C 215, 19.6.2018, p. 80).Resolution of 6 October 2016 on the draft Commission implementing decision concerning the placing on the market for cultivation of genetically modified maize Bt11 seeds (OJ C 215, 19.6.2018, p. 70).Resolution of 6 October 2016 on the draft Commission implementing decision concerning the placing on the market for cultivation of genetically modified maize 1507 seeds (OJ C 215, 19.6.2018, p. 73).Resolution of 6 October 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton 281-24-236 × 3006-210-23 × MON 88913 (OJ C 215, 19.6.2018, p. 83).Resolution of 5 April 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × 59122 × MIR604 × 1507 × GA21, and genetically modified maizes combining two, three or four of the events Bt11, 59122, MIR604, 1507 and GA21 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 298, 23.8.2018, p. 34).Resolution of 17 May 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize DAS-40278-9, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 307, 30.8.2018, p. 71).Resolution of 17 May 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton GHB119 (BCS-GHØØ5-8) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ C 307, 30.8.2018, p. 67).Resolution of 13 September 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean DAS-68416-4, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 337, 20.9.2018, p. 54).Resolution of 4 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean FG72 × A5547-127 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 346, 27.9.2018, p. 55).Resolution of 4 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean DAS-44406-6, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 346, 27.9.2018, p. 60).Resolution of 24 October 2017 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize 1507 (DAS-Ø15Ø7-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 346, 27.9.2018, p. 122).Resolution of 24 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean 305423 × 40-3-2 (DP-3Ø5423-1 × MON-Ø4Ø32-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 346, 27.9.2018, p. 127).Resolution of 24 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified oilseed rapes MON 88302 × Ms8 × Rf3 (MON-883Ø2-9 × ACSBNØØ5-8 × ACS-BNØØ3-6), MON 88302 × Ms8 (MON-883Ø2-9 × ACSBNØØ5-8) and MON 88302 × Rf3 (MON-883Ø2-9 × ACS-BNØØ3-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 346, 27.9.2018, p. 133).Resolution of 1 March 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize 59122 (DAS-59122-7) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0051).Resolution of 1 March 2018 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize MON 87427 × MON 89034 × NK603 (MON-87427-7 × MON-89Ø34-3 × MON-ØØ6Ø3-6) and genetically modified maize combining two of the events MON 87427, MON 89034 and NK603, and repealing Decision 2010/420/EU (Texts adopted, P8_TA(2018)0052).Resolution of 3 May 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of food and feed produced from genetically modified sugar beet H7-1 (KM-ØØØH71-4) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0197).Resolution of 30 May 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize GA21 (MON-ØØØ21-9) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0221).Resolution of 30 May 2018 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize 1507 × 59122 × MON 810 × NK603, and genetically modified maize combining two or three of the single events 1507, 59122, MON 810 and NK603, and repealing Decisions 2009/815/EC, 2010/428/EU and 2010/432/EU pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0222).
(5) EFSA GMO Panel (EFSA Panel on Genetically Modified Organisms), 2017. Scientific Opinion on application EFSA-GMO-BE-2013-118 for authorisation of genetically modified maize MON 87427 × MON 89034 × 1507 × MON 88017 × 59122 and subcombinations independently of their origin, for food and feed uses, import and processing submitted under Regulation (EC) No 1829/2003 by Monsanto Company. EFSA Journal 2017;15(8):4921, pp. 32: https://doi.org/10.2903/j.efsa.2017.4921
(6) As confirmed in the EFSA opinion referred to above (EFSA Journal 2017;15(8):4921).
(7) MON-87427-7 maize expresses the CP4 EPSPS protein, which confers tolerance to glyphosate-based herbicides; MON-89Ø34-3 maize expresses the Cry1A.105 and Cry2Ab2 proteins, which confer protection against certain lepidopteran pests; DAS-Ø15Ø7-1 maize expresses the Cry1F protein, which confers protection against certain lepidopteran pests, and the PAT protein, which confers tolerance to glufosinate-ammonium-based herbicides; MON-88Ø17-3 maize expresses a modified Cry3Bb1 protein, which provides protection to certain coleopteran pests, and the CP4 EPSPS protein, which confers tolerance to glyphosate-based herbicides; DAS-59122-7 maize expresses Cry34Ab1 and Cry35Ab1 proteins, which confer protection against certain coleopteran pests, and the PAT protein, which confers tolerance to glufosinate-ammonium-based herbicides.
(8) http://ec.europa.eu/food/plant/pesticides/eu-pesticides-database/public/?event=activesubstance.detail&language=EN&selectedID=1436
(9) IARC Monographs Volume 112: evaluation of five organophosphate insecticides and herbicides, 20 March 2015: http://monographs.iarc.fr/ENG/Monographs/vol112/mono112.pdf
(10) See, for example, El-Shamei Z.S., Gab-Alla A.A., Shatta A.A., Moussa E.A., Rayan A.M., Histopathological Changes in Some Organs of Male Rats Fed on Genetically Modified Corn (Ajeeb YG), Journal of American Science, 2012; 8(9), pp. 1117-1123: https://www.researchgate.net/publication/235256452_Histopathological_Changes_in_Some_Organs_of_Male_Rats_Fed_on_Genetically_Modified_Corn_Ajeeb_YG
(11) Székács A., Darvas B.., Comparative aspects of Cry Toxin Usage in Insect Control, in: Ishaaya I., Palli S.R., Horowitz A.R. (eds.), Advanced Technologies for Managing Insect Pests, Dordrecht, Netherlands, Springer, 2012; pp. 195-230: https://link.springer.com/chapter/10.1007/978-94-007-4497-4_10
(12) See EFSA Register of Questions, Annex G to Question Number EFSA-Q-2013-00926 available online at: http://registerofquestions.efsa.europa.eu/roqFrontend/ListOfQuestionsNoLogin?1
(13) Bauer-Panskus, A, Then, C, Testbiotech comment on ‘Scientific Opinion on application EFSA-GMO-BE-2013-118 for authorisation of genetically modified maize MON 87427 x MON 89034 x 1507 x MON 88017 x 59122 and subcombinations independently of their origin, for food and feed uses, import and processing submitted under Regulation (EC) No 1829/2003 by Monsanto Company’, available at: https://www.testbiotech.org/sites/default/files/Testbiotech_Comment_Maize%20MON%2087427%20x%20MON%2089034%20x%201507%20x%20MON%2088017%20x%2059122.pdf
(14) For example in the Opening Statement at the European Parliament plenary session included in the Political Guidelines for the next European Commission (Strasbourg, 15 July 2014) or in the State of the Union Address 2016 (Strasbourg, 14 September 2016).
(15) OJ C 355, 20.10.2017, p. 165.
(16) OJ L 31, 1.2.2002, p. 1.

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