Changes from report parliamentary committee draft to plenary report

Change 48

ChangedArticle 13 – paragraph 1 – subparagraph 1:2: Searches shall only be conducted in individual cases, where they are proportionate and necessary for the purposes of preventing, detecting or investigating a criminal offence, and in compliance with the national law of the requesting Member State.

Change 49

ChangedArticle 13 – paragraph 2: 2. The national contact point of the requesting Member State shall manuallyensure that a human review by a forensic expert is conducted in order to confirm a match of dactyloscopic data with dactyloscopic reference data held by the requested Member State following the automated supply of the dactyloscopic reference data required for confirming a match.

Change 50

ChangedArticle 14 – paragraph 1 – point a: (a) a reference number allowing Member States, in the case of a match, to retrieve further data and other information in their databases referred to in Article 12 in order to supply it to one, several or all of the other Member States in accordance with ArticlesArticle 47 and 48 or to Europol in accordance with Article 50(6);

Change 51

ChangedArticle 14 – paragraph 1 – point a a (new): (aa) a reference number allowing Europol, in case of a match, to retrieve further data and other information for the purposes of Article 49(1) of this Regulation in order to supply them or it to one, several or all Member States in accordance with Regulation (EU) 2016/794;

Change 52

ChangedArticle 15 – paragraph 1: 1. The digitalisation of dactyloscopic data and their transmission to the other Member States or Europol shall be carried out in accordance with a uniform data format. The Commission shall adopt an implementing actacts to specify the uniform data format in accordance with the procedure referred to in Article 76(2).75(2).

Change 53

ChangedArticle 15 – paragraph 2: 2. Each Member State and Europol shall ensure that the dactyloscopic data it transmits are of sufficient quality for automated comparison. The Commission shall adopt an implementing act to specify the minimum quality standard for the comparison of dactyloscopic data. That implementing act shall be adopted in accordance with the procedure referred to in Article 76(2).

Change 54

ChangedArticle 15 – paragraph 3: 3. Member States and Europol shall take all appropriate measures to ensure the confidentiality and integrity of dactyloscopic data being sent to other Member States, including their encryption.

Change 55

ChangedArticle 15 – paragraph 4: 4. The Commission shall adopt an implementing act toacts specifyspecifying the relevant existing European or international standards for dactyloscopic data exchange that are to be used by Member States.States, Thatincluding the minimum quality standard for the automated comparison of dactyloscopic data. Those implementing actacts shall be adopted in accordance with the procedure referred to in Article 76(2).75(2).

Change 56

ChangedArticle 16 – paragraph 1 – introductory part:subparagraph 1.1: Member States and Europol shall ensure that their search requests do not exceed the search capacities specified by the requested Member State.

Change 57

ChangedArticle 16 – paragraph 1 – subparagraph 1:2: Member States shall inform other Member States, Europol, the Commission and eu-LISA about their maximum search capacities per day for dactyloscopic data of identified persons and for dactyloscopic data of persons not yet identified. Member States may raise those maximum search capacities. Where a Member State raises those maximum search capacities, it shall notify the other Member States, Europol, the Commission and eu-LISA of the new maximum search capacities.

Change 58

RemovedArticle 16 – paragraph 2: 2. The Commission shall adopt an implementing act to specify the maximum numbers of candidates accepted for comparison per transmission in accordance with the procedure referred to in Article 76(2).

Article 18 – paragraph 1 – point a: (a) data relating to owners or keepers;

Change 59

ChangedArticle 1918 – paragraph 3: 3. The3 Commissiona shall(new): adopt3a. anThe implementingdata actreferred to specify thein dataparagraph elements1, ofpoints the(a) vehicleand registration(b), dataof whichthis mayArticle beshall exchanged.not Thatgo implementingbeyond actthe shalldata beelements adoptedspecified in accordancethe withimplementing theact procedureadopted referredpursuant to in Article 76(2).19(3).

Change 60

RemovedArticle 20 – paragraph 1 – introductory part: 1. Each Member State shall keep logs of queries that the staff of its competent law enforcement authorities duly authorised to exchange vehicle registration data make as well as logs of queries requested by other Member States. Europol shall keep logs of queries that its duly authorised staff make.

AddedArticle 19 – paragraph 3: 3. The Commission shall adopt implementing acts to specify the data elements of the vehicle registration data which may be exchanged. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 75(2).

RemovedArticle 20 – paragraph 2 – subparagraph 1: Those logs shall be protected by appropriate measures against unauthorised access and erased two years after their creation. If, however, they are required for monitoring procedures that have already begun, they shall be erased once the monitoring procedures no longer require the logs.

AddedArticle 20 – paragraph 1 – subparagraph 1: Each Member State shall keep logs of queries that the staff of its competent law enforcement authorities duly authorised to exchange vehicle registration data make as well as logs of queries requested by other Member States. Europol shall keep logs of queries that its duly authorised staff make.

RemovedArticle 21 – paragraph 1 – introductory part: 1. Member States shall ensure the availability of facial images of suspects and convicted persons collected in accordance with their national law from their national databases established for the prevention, detection and investigation of criminal offences. Those data shall only include facial images and the reference number referred to in Article 23, and shall indicate whether the facial images are attributed to an individual or not.

AddedArticle 20 – paragraph 2 – subparagraph 2: Those logs shall be protected by all appropriate measures against unauthorised access and erased three years after their creation. If, however, they are required for monitoring procedures that have already begun, they shall be erased once the monitoring procedures no longer require the logs.

RemovedArticle 21 – paragraph 1 – subparagraph 1: Member States shall not make available in this context any additional nominal data from which an individual can be directly identified.

AddedArticle 21 – paragraph 1 – subparagraph 1: Member States shall ensure the availability of facial images of persons convicted or suspected of having committed a criminal offence collected in accordance with their national law from their national databases established for the prevention, detection and investigation of criminal offences. Those data shall only include facial images and the reference number referred to in Article 23, and shall indicate whether the facial images are attributed to an individual or not.

RemovedArticle 21 – paragraph 2: 2. Unidentified facial images shall be recognisable as such.

AddedArticle 21 – paragraph 1 – subparagraph 2: Member States shall not make available in this context any additional data from which an individual can be directly identified.

RemovedArticle 22 – paragraph 1 – introductory part: 1. For the prevention, detection and investigation of criminal offences, Member States shall allow national contact points of other Member States and Europol access to the facial image reference data stored in their national databases, to conduct automated searches.

AddedArticle 21 – paragraph 2: 2. Unidentified facial images must be recognisable as such.

Change 61

ChangedArticle 22 – paragraph 1 – subparagraph 1: Searches1. shallFor onlythe beprevention, conducteddetection inand individualinvestigation cases,of wherecriminal theyoffences, areMember proportionateStates andshall necessaryallow fornational thecontact purposepoints of preventing, detecting or investigating aother criminalMember offence,States and inEuropol complianceaccess withto the nationalfacial lawimages ofstored thein requestingtheir Membernational State.databases Searchesreferred forto thein purposeArticle of21(1), profilingto shallconduct beautomated prohibited.searches.

Change 62

RemovedArticle 22 – paragraph 2: 2. The requesting Member State shall receive a list composed of candidates. That Member State shall manually review the list to determine the existence of a confirmed match.

AddedArticle 22 – paragraph 1 – subparagraph 2: Searches shall only be conducted in individual cases, where they are proportionate and necessary for the purpose of preventing, detecting or investigating a serious criminal offence, and in compliance with the national law of the requesting Member State. Searches for the purpose of profiling shall be prohibited.

AddedArticle 22 – paragraph 2: 2. The requesting Member State shall receive a list composed of matches concerning likely candidates. That Member State shall ensure that a human review of the list is conducted by two forensic experts in order to determine the existence of a confirmed match.

Article 22 – paragraph 3: deleted

Change 63

ChangedArticle 23 – paragraph 1 – point a: (a) a reference number allowing Member States, in case of a match, to retrieve further data and other information in their databases referred to in Article 21 in order to supply it to one, several or all of the other Member States in accordance with ArticlesArticle 47 or Europol in accordance with Article 50(6);

Change 64

ChangedArticle 23 a (new): Article 23a / Principles for the exchange of facial images / 1. Each Member State and Europol shall ensure that the facial images itin transmitstheir databases are of sufficient quality for automated comparison. The Commission shall adopt an implementing act to specify the minimum quality standard for the comparisonpurpose of facial images. That implementing act shall bethis adoptedRegulation, in accordance with the procedure referred toparticular infor Articleautomated 76(2).comparison. / 2. Member States and Europol shall take appropriate measures to ensure the confidentiality and integrity of facial images being sent to other Member States, and Europol of facial images being sent to Member States, including theirthe encryption.encryption of such facial images. / 3. The Commission shall adopt an implementing acts to specifyspecifying the relevant European or international standards for facial image exchange that are to be used by Member States and EuropolEuropol, including the minimum quality standard for facialthe imageautomated exchange.comparison Thatof facial images. Those implementing actacts shall be adopted in accordance with the procedure referred to in Article 76(2).75(2).

Change 65

ChangedArticle 25 – title: National policePolice records indexindexes

Change 66

ChangedArticle 25 – paragraph 1 – introductory part: 1. Member States may decide to participate in the automated exchange of police records.records indexes. For the purposes of such exchanges, Member States participating in the automated exchange of policeMember recordsStates shall ensure the availability of national police records indexes which contain sets of biographical data of persons suspected of,convicted or convictedsuspected for,of having committed an offence as referred to in Article 3 of Regulation (EU) 2016/794 or Article 2(2) of Councila Frameworkserious Decisioncriminal 2002/584/JHAoffence from their national databases established for the prevention, detection and investigation of criminal offences. Those sets of data shall, if applicable and to the extent that they are available, contain only the following data:

Change 67

ChangedArticle 25 – paragraph 1 – point c: (c) alias(es) and previously used names(s);name or names;

Change 68

ChangedArticle 25 – paragraph 1 – subparagraph 1 a (new): 1a. Member States shall, in accordance with Article 7(2) of Directive (EU) 2016/680, ensure that the data included in the national police records indexes as listed in paragraph 1 of this Article are accurate, complete and up to date.

Change 69

RemovedArticle 26 – paragraph 1 – introductory part: 1. For the prevention, detection and investigation of criminal offences, Member States participating in the automated exchange of police records shall allow national contact points of other Member States participating in such exchanges and Europol access to data in their national police records indexes, to conduct automated searches.

AddedArticle 26 – title: Automated searching of police records indexes

Change 70

ChangedArticle 26 – paragraph 1 – subparagraph 1: Searches1. shallFor onlythe beinvestigation conductedof criminal offences, Member States participating in individualthe cases,automated whereexchange theyof arepolice proportionaterecords andindexes necessaryshall forallow thenational purposescontact points of preventing,other detectingMember orStates investigatingparticipating ain criminalsuch offence,exchanges and inEuropol complianceaccess withto thedata in their national lawpolice ofrecords theindexes, requestingto Memberconduct State.automated searches.

Change 71

AddedArticle 26 – paragraph 1 – subparagraph 2: Searches shall only be conducted in individual cases, where they are proportionate and necessary for the investigation of a serious criminal offence, and in compliance with the national law of the requesting Member State.

Article 26 – paragraph 2: deleted / (deleted)

Article 27 – paragraph 1 – point a: (a) a reference number allowing Member States, in the case of a match, to retrieve personal data and other information in their national police records indexes referred to in Article 25 in order to supply it to one, several or all of the Member States in accordance with Article 44;

Change 72

RemovedArticle 28 – paragraph 1 – point c: (c) the data referred to in Article 25(1), where available and pseudonymised in accordance with Article 25(2).

AddedArticle 28 – title: Rules for requests and answers regarding police records indexes

AddedArticle 28 – paragraph 1 – introductory part: 1. A request for an automated search of police records indexes shall include only the following information:

AddedArticle 28 – paragraph 1 – point c: (c) the data referred to in Article 25(1), where available, and pseudonymised in accordance with Article 25(2).

Article 28 – paragraph 2 – point a: (a) an indication as to the number of matches;

Article 29 – paragraph 1: Each Member State shall designate at least one national contact point.

Change 73

ChangedArticle 29 – paragraph 2 a (new): 2a. Member States shall provideensure that their national contact points withare sufficientprovided resources,with includingadequate qualifiedhuman, staff,technical and shall ensure thatfinancial theyresources, haveincluding sufficientqualified capacitystaff, to carry out their tasks under this Regulation in an adequate, effective and rapid manner in accordance with this Regulation.manner.

Change 74

ChangedArticle 30 – paragraph 1: The Commission shall adopt an implementing actacts to specify the technical arrangements to be made by the Member States with respect to the procedures set out in Articles 6, 7, 13, 18, 22 and 26. ThatThose implementing actacts shall be adopted in accordance with the procedure referred to in Article 76(2).75(2).

Change 75

ChangedArticle 31: deleted31 /– (deleted)paragraph /1: (deleted)deleted

Change 76

ChangedArticle 32 – paragraph 2 – introductory part:subparagraph 2.1: National contact points shall immediately inform each other, the Commission, Europol and eu-LISA whereof technical faults causing unavailability of the automated data exchange is unavailable.exchange.

Change 77

ChangedArticle 32 – paragraph 2 – subparagraph 1: Where the automated data exchange is unavailable,2: nationalNational contact points shall agree on temporary alternative information exchange arrangements in accordance with the applicable Union and national law.law to be used in cases where automated data exchange is unavailable.

Change 78

ChangedArticle 32 – paragraph 3: 3. Where the automated data exchange is unavailable, national contact points shall ensure that the it is re-established without delay.

Change 79

ChangedArticle 33 – paragraph 1 – introductorysubparagraph part:1: 1. Each Member State shall keep a justification of the queries that its competent law enforcement authorities make.

Change 80

RemovedArticle 33 – paragraph 2 – point b: (b) an indication on whether the query concerns a suspect or a perpetrator of a criminal offence, a victim of a terrorist offence as defined in Article 4, point (21), of Regulation (EU) 2019/817, a victim of a serious criminal offence as defined in Article 4, point (22), of that Regulation, a missing person or unidentified human remains;

AddedArticle 33 – paragraph 2 – point a: (a) the purpose of the query, including a reference to the specific case or investigation and the criminal offence, where applicable;

AddedArticle 33 – paragraph 2 – point b: (b) an indication on whether the query concerns a suspect or a person convicted of a criminal offence, a victim of serious crime or terrorism, a missing person or unidentified human remains;

Article 33 – paragraph 2 – point c: (c) an indication on whether the query aims to identify a person or obtain more data on a known person.

Change 81

ChangedArticle 33 – paragraph 3 – subparagraph 1: ThoseThe justifications shall be protected by appropriate measuresreferred againstto unauthorisedin accessparagraph and2 erasedshall twoonly yearsbe afterused theirfor creation.fundamental If,rights however,and theydata areprotection requiredmonitoring, forincluding monitoringchecking proceduresthe thatadmissibility haveof alreadya begun,query theyand shallthe belawfulness erasedof oncedata theprocessing, monitoringand proceduresfor noensuring longerdata requiresecurity theand justification.integrity.