# CE2010285EN.01012901.xml

| 21.10.2010 | EN | Official Journal of the European Union | CE 285/129 |
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21.10.2010

EN

Official Journal of the European Union

CE 285/129

---

Tuesday 24 November 2009Use of information technology for customs purposes *

P7_TA(2009)0084

European Parliament legislative resolution of 24 November 2009 on the initiative of the French Republic with a view to adopting a Council decision on the use of information technology for customs purposes (17483/2008–C6–0037/2009–2009/0803(CNS))

2010/C 285 E/32

(Consultation procedure)

The European Parliament,

The European Parliament

having regard to the initiative of the French Republic (17483/2008),

having regard to Article 30(1)(a) of the EU Treaty,

having regard to Article 39(1) and Article 34(2)(c) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0037/2009) ,

having regard to Rules 100 and 55 of its Rules of Procedure,

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A7-0052/2009),

| 1. | Approves the initiative of the French Republic as amended; |
| --- | --- |

1.

Approves the initiative of the French Republic as amended;

| 2. | Calls on the Council to amend the text accordingly; |
| --- | --- |

2.

Calls on the Council to amend the text accordingly;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

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

| 4. | Calls on the Council to consult Parliament again if it intends to amend the initiative of the French Republic substantially; |
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4.

Calls on the Council to consult Parliament again if it intends to amend the initiative of the French Republic substantially;

| 5. | Instructs its President to forward its position to the Council and the Commission, and to the government of the French Republic. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and the Commission, and to the government of the French Republic.

| TEXT PROPOSED BY FRENCH REPUBLIC | AMENDMENT |
| --- | --- |
| Amendment 1 |
| Initiative of the French Republic


  Recital 3 |
| (3) | It is necessary to reinforce cooperation between customs administrations, by laying down procedures under which customs administrations may act jointly and exchange personal and other data concerned with illicit trafficking activities, using new technology for the management and transmission of such information,
  subject to
  the provisions of
  the Council of Europe Convention on the Protection of Individuals with Regard to Automatic Processing of Personal Data, done at Strasbourg on 28 January 1981,
  and the principles contained in Recommendation R (87) 15 of the Committee of Ministers of the Council of Europe of 17 September 1987, regulating the use of personal data in the police sector. |

TEXT PROPOSED BY FRENCH REPUBLIC

AMENDMENT

Amendment 1

Amendment 1

Initiative of the French Republic

Initiative of the French Republic

Recital 3

Recital 3

(3)

It is necessary to reinforce cooperation between customs administrations, by laying down procedures under which customs administrations may act jointly and exchange personal and other data concerned with illicit trafficking activities, using new technology for the management and transmission of such information,
  subject to
  the provisions of
  the Council of Europe Convention on the Protection of Individuals with Regard to Automatic Processing of Personal Data, done at Strasbourg on 28 January 1981,
  and the principles contained in Recommendation R (87) 15 of the Committee of Ministers of the Council of Europe of 17 September 1987, regulating the use of personal data in the police sector.

subject to

the Council of Europe Convention on the Protection of Individuals with Regard to Automatic Processing of Personal Data, done at Strasbourg on 28 January 1981,

| (3) | It is necessary to reinforce cooperation between customs administrations, by laying down procedures under which customs administrations may act jointly and exchange personal and other data concerned with illicit trafficking activities, using new technology for the management and transmission of such information,
  taking into account
  the provisions of
  Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters

   (1) and the principles contained in Recommendation No. R (87) 15 of the Committee of Ministers of the Council of Europe of 17 September 1987, regulating the use of personal data in the police sector. |
| --- | --- |

(3)

It is necessary to reinforce cooperation between customs administrations, by laying down procedures under which customs administrations may act jointly and exchange personal and other data concerned with illicit trafficking activities, using new technology for the management and transmission of such information,
  taking into account
  the provisions of
  Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters

   (1) and the principles contained in Recommendation No. R (87) 15 of the Committee of Ministers of the Council of Europe of 17 September 1987, regulating the use of personal data in the police sector.

taking into account

Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters

1

No.

Amendment 2

Amendment 2

Initiative of the French Republic

Initiative of the French Republic

Recital 4

Recital 4

| (4) | It is also necessary to enhance complementarity with actions in the context of cooperation with the European Police Office (Europol) and Eurojust, by
  granting those agencies access to
  the Customs Information System. |
| --- | --- |

(4)

It is also necessary to enhance complementarity with actions in the context of cooperation with the European Police Office (Europol) and Eurojust, by
  granting those agencies access to
  the Customs Information System.

granting those agencies access to

| (4) | It is also necessary to enhance complementarity with actions in the context of cooperation with the European Police Office (Europol) and Eurojust, by
  allowing data from
  the Customs Information System
  to be communicated to those agencies subject to certain conditions
  . |
| --- | --- |

(4)

It is also necessary to enhance complementarity with actions in the context of cooperation with the European Police Office (Europol) and Eurojust, by
  allowing data from
  the Customs Information System
  to be communicated to those agencies subject to certain conditions
  .

allowing data from

to be communicated to those agencies subject to certain conditions

Amendment 3

Amendment 3

Initiative of the French Republic

Initiative of the French Republic

Recital 4 a (new)

Recital 4 a (new)

| (4a) | Reading access to the Customs Information System would allow Eurojust to obtain the information required for an accurate preliminary overview immediately in order to identify and overcome legal obstacles and achieve better prosecution results. Reading access to the customs files identification database would allow Eurojust to receive information about ongoing and closed investigations in different Member States and thus to enhance support for judicial authorities in those Member States. |
| --- | --- |

(4a)

(4a)

Reading access to the Customs Information System would allow Eurojust to obtain the information required for an accurate preliminary overview immediately in order to identify and overcome legal obstacles and achieve better prosecution results. Reading access to the customs files identification database would allow Eurojust to receive information about ongoing and closed investigations in different Member States and thus to enhance support for judicial authorities in those Member States.

Reading access to the Customs Information System would allow Eurojust to obtain the information required for an accurate preliminary overview immediately in order to identify and overcome legal obstacles and achieve better prosecution results. Reading access to the customs files identification database would allow Eurojust to receive information about ongoing and closed investigations in different Member States and thus to enhance support for judicial authorities in those Member States.

Amendment 4

Amendment 4

Initiative of the French Republic

Initiative of the French Republic

Recital 5 a (new)

Recital 5 a (new)

| (5a) | Member States recognise the benefits of full access to the customs files identification database in terms of coordinating and strengthening the fight against cross-border crime. Member States should therefore commit to entering data in that database to the greatest extent possible. |
| --- | --- |

(5a)

(5a)

Member States recognise the benefits of full access to the customs files identification database in terms of coordinating and strengthening the fight against cross-border crime. Member States should therefore commit to entering data in that database to the greatest extent possible.

Member States recognise the benefits of full access to the customs files identification database in terms of coordinating and strengthening the fight against cross-border crime. Member States should therefore commit to entering data in that database to the greatest extent possible.

Amendment 5

Amendment 5

Initiative of the French Republic

Initiative of the French Republic

Recital 5 b (new)

Recital 5 b (new)

| (5b) | Data obtained from the Customs Information System should not be transferred under any circumstances for use by the national authorities of third countries. |
| --- | --- |

(5b)

(5b)

Data obtained from the Customs Information System should not be transferred under any circumstances for use by the national authorities of third countries.

Data obtained from the Customs Information System should not be transferred under any circumstances for use by the national authorities of third countries.

Amendment 6

Amendment 6

Initiative of the French Republic

Initiative of the French Republic

Recital 8

Recital 8

| (8) | An operational analysis of the activities,
  resources and intentions
  of certain persons or businesses that do not comply
  or appear not to comply
  with national laws should help the customs authorities to take the appropriate measures in specific cases to achieve the objectives laid down as regards the fight against fraud. |
| --- | --- |

(8)

An operational analysis of the activities,
  resources and intentions
  of certain persons or businesses that do not comply
  or appear not to comply
  with national laws should help the customs authorities to take the appropriate measures in specific cases to achieve the objectives laid down as regards the fight against fraud.

resources and intentions

or appear not to comply

| (8) | An operational analysis of the activities of certain persons or businesses that do not comply with national laws
  and of the resources which they use, or have used, to commit, in a short space of time, infringements as defined in this Decision, or which have enabled such infringements to be committed,
  should help the customs authorities to take the appropriate measures in specific cases to achieve the objectives laid down as regards the fight against fraud. |
| --- | --- |

(8)

An operational analysis of the activities of certain persons or businesses that do not comply with national laws
  and of the resources which they use, or have used, to commit, in a short space of time, infringements as defined in this Decision, or which have enabled such infringements to be committed,
  should help the customs authorities to take the appropriate measures in specific cases to achieve the objectives laid down as regards the fight against fraud.

and of the resources which they use, or have used, to commit, in a short space of time, infringements as defined in this Decision, or which have enabled such infringements to be committed,

Amendment 7

Amendment 7

Initiative of the French Republic

Initiative of the French Republic

Recital 9 a (new)

Recital 9 a (new)

| (9a) | This Decision should not prevent Member States from applying their own constitutional rules relating to public access to official documents. |
| --- | --- |

(9a)

(9a)

This Decision should not prevent Member States from applying their own constitutional rules relating to public access to official documents.

This Decision should not prevent Member States from applying their own constitutional rules relating to public access to official documents.

Amendment 8

Amendment 8

Initiative of the French Republic

Initiative of the French Republic

Article 2 – point 1 – point a

Article 2 – point 1 – point a

| (a) | the movement of goods subject to measures of prohibition, restriction or control, in particular those measures covered by
  Articles 36 and 223
  of the Treaty establishing the European Community; |
| --- | --- |

(a)

the movement of goods subject to measures of prohibition, restriction or control, in particular those measures covered by
  Articles 36 and 223
  of the Treaty establishing the European Community;

Articles 36 and 223

establishing the European Community

| (a) | the movement of goods subject to measures of prohibition, restriction or control, in particular those measures covered by
  Articles 30 and 296
  of the EC Treaty; |
| --- | --- |

(a)

the movement of goods subject to measures of prohibition, restriction or control, in particular those measures covered by
  Articles 30 and 296
  of the EC Treaty;

Articles 30 and 296

EC

Amendment 9

Amendment 9

Initiative of the French Republic

Initiative of the French Republic

Article 2 – point 1 – point a a (new)

Article 2 – point 1 – point a a (new)

| (aa) | measures to control cash movements within the Community, where such measures are taken in accordance with Article 58 of the EC Treaty; |
| --- | --- |

(aa)

(aa)

measures to control cash movements within the Community, where such measures are taken in accordance with Article 58 of the EC Treaty;

measures to control cash movements within the Community, where such measures are taken in accordance with Article 58 of the EC Treaty;

Amendment 10

Amendment 10

Initiative of the French Republic

Initiative of the French Republic

Article 2 – point 1 – point b – point i

Article 2 – point 1 – point b – point i

| (i) | the laws, regulations or administrative provisions of a Member State in the application of which the customs administration of that Member State has partial or total competence, concerning the cross–border movement of goods subject to measures of prohibition, restriction or control, in particular those measures referred to in
  Articles 36 and 223
  of the Treaty establishing the European Community, and non–harmonised excise duties; |
| --- | --- |

(i)

the laws, regulations or administrative provisions of a Member State in the application of which the customs administration of that Member State has partial or total competence, concerning the cross–border movement of goods subject to measures of prohibition, restriction or control, in particular those measures referred to in
  Articles 36 and 223
  of the Treaty establishing the European Community, and non–harmonised excise duties;

Articles 36 and 223

establishing the European Community

| (i) | the laws, regulations or administrative provisions of a Member State in the application of which the customs administration of that Member State has partial or total competence, concerning the cross–border movement of goods subject to measures of prohibition, restriction or control, in particular those measures referred to in
  Articles 30 and 296
  of the EC Treaty, and non–harmonised excise duties; |
| --- | --- |

(i)

the laws, regulations or administrative provisions of a Member State in the application of which the customs administration of that Member State has partial or total competence, concerning the cross–border movement of goods subject to measures of prohibition, restriction or control, in particular those measures referred to in
  Articles 30 and 296
  of the EC Treaty, and non–harmonised excise duties;

Articles 30 and 296

EC

Amendment 11

Amendment 11

Initiative of the French Republic

Initiative of the French Republic

Article 2 – point 2

Article 2 – point 2

| 2) | the term ‘personal data’ means any information relating to an identified or identifiable
  individual
  ; |
| --- | --- |

2)

the term ‘personal data’ means any information relating to an identified or identifiable
  individual
  ;

individual

| 2) | the term ‘personal data’ means any information relating to an identified or identifiable
  natural person (data subject), an identifiable natural person being one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity
  ; |
| --- | --- |

2)

the term ‘personal data’ means any information relating to an identified or identifiable
  natural person (data subject), an identifiable natural person being one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity
  ;

natural person (data subject), an identifiable natural person being one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity

Amendment 13

Amendment 13

Initiative of the French Republic

Initiative of the French Republic

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

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

| (ga) | cash detained, seized or confiscated. |
| --- | --- |

(ga)

(ga)

cash detained, seized or confiscated.

cash detained, seized or confiscated.

Amendment 14

Amendment 14

Initiative of the French Republic

Initiative of the French Republic

Article 4 – paragraph 2 – point a

Article 4 – paragraph 2 – point a

| (a) | name, maiden name, forenames,
  former surnames
  and aliases; |
| --- | --- |

(a)

name, maiden name, forenames,
  former surnames
  and aliases;

name

former surnames

| (a) | names, maiden name, forenames and aliases; |
| --- | --- |

(a)

names, maiden name, forenames and aliases;

names

Amendment 15

Amendment 15

Initiative of the French Republic

Initiative of the French Republic

Article 4 – paragraph 4 – introductory part

Article 4 – paragraph 4 – introductory part

4.   With regard to category set out in
  point (g) of Article 3
  , the items of information
  included
  in respect of persons shall comprise no more than:

category

point (g) of Article 3

included

4.   With regard to
  the categories set out in
  Article 3(1)(g) and (ga)
  , the items of information
  entered
  in respect of persons shall comprise no more than:

the

Article 3(1)(g) and (ga)

entered

Amendment 16

Amendment 16

Initiative of the French Republic

Initiative of the French Republic

Article 4 – paragraph 5

Article 4 – paragraph 5

5.   In any case personal data listed in Article 6,
  first sentence, of the Council of Europe Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data, done at Strasbourg on 28 January 1981, hereinafter referred to as the ‘1981 Strasbourg Convention’
  , shall not be
  included
  .

first sentence, of the Council of Europe Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data, done at Strasbourg on 28 January 1981, hereinafter referred to as the ‘1981 Strasbourg Convention’

included

5.   In any case personal data listed in Article 6
  of Framework Decision 2008/977/JHA
  shall not be
  entered
  .

of Framework Decision 2008/977/JHA

entered

Amendment 17

Amendment 17

Initiative of the French Republic

Initiative of the French Republic

Article 5 – paragraph 1

Article 5 – paragraph 1

1.   Data in the categories referred to in Article 3 shall be
  included in
  the Customs Information System only for the purpose of sighting and reporting, discreet surveillance, specific checks, or operational analysis.

included in

1.   Data in the categories referred to in
  Article 3(1)(a) to (g)
  shall be
  entered in
  the Customs Information System only for the purpose of sighting and reporting, discreet surveillance, specific checks
  and strategic
  or operational analysis.

Article 3(1)(a) to (g)

entered in

and strategic

Amendment 18

Amendment 18

Initiative of the French Republic

Initiative of the French Republic

Article 5 – paragraph 1 a (new)

Article 5 – paragraph 1 a (new)

1a.
     
  Data in the category referred to in Article 3(1)(ga) shall be entered in the Customs Information System only for the purpose of strategic or operational analysis.

1a.

Data in the category referred to in Article 3(1)(ga) shall be entered in the Customs Information System only for the purpose of strategic or operational analysis.

Amendment 19

Amendment 19

Initiative of the French Republic

Initiative of the French Republic

Article 5 – paragraph 2

Article 5 – paragraph 2

2.   For the purpose of the suggested actions referred to in paragraph 1, namely sighting and reporting, discreet surveillance, specific checks, or operational analysis, personal data within
  any of
  the categories referred to in Article 3 may be
  included
  in the Customs Information System only if, especially on the basis of prior illegal activities, there are
  real
  indications to suggest that the person concerned has committed, is in the act of committing, or will commit serious contraventions of national laws.

any of

Article 3

included

real

2.   For the purpose of the suggested actions referred to in paragraph 1, namely sighting and reporting, discreet surveillance, specific checks
  and strategic
  or operational analysis, personal data within the categories referred to in Article 3(1), with the exception of point (e),
  may be
  entered
  in the Customs Information System only if, especially on the basis of prior illegal activities, there are
  factual
  indications
  or reasonable grounds
  to suggest that the person concerned has committed, is in the act of committing, or will commit serious contraventions of national laws.

and strategic

Article 3(1), with the exception of point (e),

entered

factual

or reasonable grounds

Amendment 20

Amendment 20

Initiative of the French Republic

Initiative of the French Republic

Article 6 – paragraph 1 – point iv

Article 6 – paragraph 1 – point iv

| (iv) | persons accompanying the person concerned or occupants of the means of transport; |
| --- | --- |

(iv)

(iv)

persons accompanying the person concerned or occupants of the means of transport;

persons accompanying the person concerned or occupants of the means of transport;

deleted

deleted

Amendment 21

Amendment 21

Initiative of the French Republic

Initiative of the French Republic

Article 7 – paragraph 2

Article 7 – paragraph 2

2.   Each Member State shall send the other Member States and the committee referred to in Article 23 a list of its competent authorities which have been designated in accordance with paragraph 1 of this Article to have direct access to the Customs Information System
  stating
  , for each authority, which data it may have access to and for what purposes.

stating

2.   Each Member State shall send the other Member States and the committee referred to in Article 23 a list of its competent authorities which have been designated in accordance with paragraph 1 of this Article to have direct access to the Customs Information System.
  Any amendment made to that list shall also be communicated to the other Member States and to the committee referred to in Article 23. The list shall state
  , for each authority, which data it may have access to and for what purposes.
  Each Member State shall ensure the publication of the list and any amendment thereto.

Any amendment made to that list shall also be communicated to the other Member States and to the committee referred to in Article 23. The list shall state

Each Member State shall ensure the publication of the list and any amendment thereto.

Amendment 22

Amendment 22

Initiative of the French Republic

Initiative of the French Republic

Article 7 – paragraph 3

Article 7 – paragraph 3

3.
     
  Notwithstanding the provisions of paragraphs 1 and 2, Member State may, by unanimous agreement, permit access to the Customs Information System by international or regional organisations. Such agreement shall take the form of a Council decision. In reaching this decision the Member States shall take account of any reciprocal arrangements and any opinion of the Joint Supervisory Authority referred to in Article 25 on the adequacy of data protection measures.

3.

Notwithstanding the provisions of paragraphs 1 and 2, Member State may, by unanimous agreement, permit access to the Customs Information System by international or regional organisations. Such agreement shall take the form of a Council decision. In reaching this decision the Member States shall take account of any reciprocal arrangements and any opinion of the Joint Supervisory Authority referred to in Article 25 on the adequacy of data protection measures.

deleted

deleted

Amendment 23

Amendment 23

Initiative of the French Republic

Initiative of the French Republic

Article 8 – paragraph 1

Article 8 – paragraph 1

1.   Member States may use data obtained from the Customs Information System only in order to achieve the aim stated in Article 1(2).
  However, they may use it for administrative or other purposes with the prior authorisation of, and subject to any conditions imposed by, the Member State which included it in the system. Such other use shall be in accordance with the laws, regulations and procedures of the Member State which seeks to use it and should take into account Principle 5.5 of Recommendation R (87) 15 of the Committee of Ministers of the Council of Europe of 17 September 1987, regulating the use of personal data in the police sector, hereinafter referred to as ‘Recommendation R (87) 15’.

However, they may use it for administrative or other purposes with the prior authorisation of, and subject to any conditions imposed by, the Member State which included it in the system. Such other use shall be in accordance with the laws, regulations and procedures of the Member State which seeks to use it and should take into account Principle 5.5 of Recommendation R (87) 15 of the Committee of Ministers of the Council of Europe of 17 September 1987, regulating the use of personal data in the police sector, hereinafter referred to as ‘Recommendation R (87) 15’.

1.   Member States,
  Europol and Eurojust
  may use data obtained from the Customs Information System only in order to achieve the aim stated in Article 1(2).

Europol and Eurojust

Amendment 24

Amendment 24

Initiative of the French Republic

Initiative of the French Republic

Article 8 – paragraph 2

Article 8 – paragraph 2

2.   Without prejudice to paragraphs 1 and 4 of this Article, Article 7(3)
  and Articles 11 and 12, data obtained from the Customs Information System shall only be used by national authorities in each Member State designated by the Member State in question, which are competent, in accordance with the laws, regulations and procedures of that Member State, to act in order to achieve the aim stated in Article 1(2).

paragraphs 1 and 4 of this Article, Article 7(3)

2.   Without prejudice to Articles 11 and 12, data obtained from the Customs Information System shall only be used by national authorities in each Member State designated by the Member State in question, which are competent, in accordance with the laws, regulations and procedures of that Member State, to act in order to achieve the aim stated in Article 1(2).

Amendment 25

Amendment 25

Initiative of the French Republic

Initiative of the French Republic

Article 8 – paragraph 3 – subparagraph 1a (new)

Article 8 – paragraph 3 – subparagraph 1a (new)

Any amendment made to that list shall also be communicated to the other Member States and to the committee referred to in Article 23. Each Member State shall ensure the publication of the list and any amendment thereto.

Any amendment made to that list shall also be communicated to the other Member States and to the committee referred to in Article 23. Each Member State shall ensure the publication of the list and any amendment thereto.

Amendment 26

Amendment 26

Initiative of the French Republic

Initiative of the French Republic

Article 8 – paragraph 4

Article 8 – paragraph 4

4.
     
  Data obtained from the Customs Information System may, with the prior authorisation of, and subject to any conditions imposed by, the Member State which included it in the system, be communicated for use by national authorities other than those designated under paragraph 2, non–Member States, and international or regional organisations wishing to make use of them. Each Member State shall take special measures to ensure the security of such data when they are being transmitted or supplied to services located outside its territory. Details of such measures must be communicated to the Joint Supervisory Authority referred to in Article 25.

4.

Data obtained from the Customs Information System may, with the prior authorisation of, and subject to any conditions imposed by, the Member State which included it in the system, be communicated for use by national authorities other than those designated under paragraph 2, non–Member States, and international or regional organisations wishing to make use of them. Each Member State shall take special measures to ensure the security of such data when they are being transmitted or supplied to services located outside its territory. Details of such measures must be communicated to the Joint Supervisory Authority referred to in Article 25.

deleted

deleted

Amendment 27

Amendment 27

Initiative of the French Republic

Initiative of the French Republic

Article 11

Article 11

1.
     Subject to Chapter IX of this Decision, the European Police Office (Europol) shall, within its mandate, have the right
  to have access to the
  data entered into the Customs Information System in accordance with Articles 2, 3, 4, 5 and 6,
  to search those data directly, and to enter data into the system
  .

1.

the European Police Office (Europol)

to have access to the

into

to search those data directly, and to enter data into the system

Subject to Chapter IX of this Decision, Europol shall, within its mandate, have the right
  to make a duly substantiated request for
  data entered in the Customs Information System in accordance with Articles 2, 3, 4, 5 and 6
  to be communicated to a clearly identified member of its staff
  .

Europol

to make a duly substantiated request for

in

to be communicated to a clearly identified member of its staff

2.
     
  Where a search by Europol reveals the existence of an alert in the Customs Information System, Europol shall, via the channels defined in Council Decision [...] establishing a European Police Office (Europol Decision), inform the Member State which issued the alert.

2.

Where a search by Europol reveals the existence of an alert in the Customs Information System, Europol shall, via the channels defined in Council Decision [...] establishing a European Police Office (Europol Decision), inform the Member State which issued the alert.

Data communicated in accordance with the preceding paragraph shall be destroyed either immediately, should they prove not to be of relevance to an ongoing Europol enquiry or investigation, or in accordance with the provisions of Article 14. Europol shall notify the competent authority which supplied the data of the fact that they have been destroyed and the reasons for their destruction. The competent authority shall record the notification.

Data communicated in accordance with the preceding paragraph shall be destroyed either immediately, should they prove not to be of relevance to an ongoing Europol enquiry or investigation, or in accordance with the provisions of Article 14. Europol shall notify the competent authority which supplied the data of the fact that they have been destroyed and the reasons for their destruction. The competent authority shall record the notification.

3.
     
  Use of information obtained from a search in the Customs Information System is subject to the consent of the Member State which entered the data into the system. If this Member State allows the use of such information, the handling thereof shall be governed by the Europol Decision. Europol may communicate such information to third countries and third bodies only with the consent of the Member State which entered the data into the system.

3.

Use of information obtained from a search in the Customs Information System is subject to the consent of the Member State which entered the data into the system. If this Member State allows the use of such information, the handling thereof shall be governed by the Europol Decision. Europol may communicate such information to third countries and third bodies only with the consent of the Member State which entered the data into the system.

4.
     
  Europol may request further information from the Member States concerned, in accordance with the provisions of the Europol Decision.

4.

Europol may request further information from the Member States concerned, in accordance with the provisions of the Europol Decision.

5.
     
  Without prejudice to paragraphs 3 and 4, Europol shall not connect the parts of the Customs Information System to which it has access to any computer system for data collection and processing operated by or at Europol, nor transfer the data contained therein to any such system, nor download or otherwise copy any part of the Customs Information System.

5.

Without prejudice to paragraphs 3 and 4, Europol shall not connect the parts of the Customs Information System to which it has access to any computer system for data collection and processing operated by or at Europol, nor transfer the data contained therein to any such system, nor download or otherwise copy any part of the Customs Information System.

Europol shall limit access to data entered into the Schengen Information System to duly authorised staff of Europol.

Europol shall limit access to data entered into the Schengen Information System to duly authorised staff of Europol.

Europol shall allow the Joint Supervisory Body, set up under Article 34 of the Europol Decision, to review the activities of Europol in the exercise of its right to accede to and to search data entered into the Customs Information System.

Europol shall allow the Joint Supervisory Body, set up under Article 34 of the Europol Decision, to review the activities of Europol in the exercise of its right to accede to and to search data entered into the Customs Information System.

Amendment 28

Amendment 28

Initiative of the French Republic

Initiative of the French Republic

Article 11 – paragraph 5 a (new)

Article 11 – paragraph 5 a (new)

5a.
     
  Nothing in this Article shall be interpreted as affecting the provisions of Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)

   (2)

  (‘the Europol Decision’) concerning data protection and the liability for any unauthorised or incorrect processing of such data by Europol staff or as affecting the powers of the Joint Supervisory Body set up pursuant to that Decision.

5a.

Nothing in this Article shall be interpreted as affecting the provisions of Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)

2

(‘the Europol Decision’) concerning data protection and the liability for any unauthorised or incorrect processing of such data by Europol staff or as affecting the powers of the Joint Supervisory Body set up pursuant to that Decision.

Amendment 29

Amendment 29

Initiative of the French Republic

Initiative of the French Republic

Article 12 – paragraph 1

Article 12 – paragraph 1

1.   
  Subject to Chapter IX,
  the national members of Eurojust
  and
  their assistants shall, within their mandate, have the right to have access to the data entered into the Customs Information System in accordance with
  Articles 2, 3, 4, 5 and 6,
  and to search those data.

Subject to Chapter IX,

and

into

Articles 2, 3, 4, 5 and 6,

1.   The national members of Eurojust, their
  deputies,
  assistants
  and specifically authorised staff
  shall, within their mandate
  and for the purpose of fulfilling theirtasks
  , have the right to have access to the data entered in the Customs Information System in accordance with
  Articles 1, 3, 4, 5, 6, 15, 16, 17, 18 and 19
  and to search those data.

deputies,

and specifically authorised staff

and for the purpose of fulfilling theirtasks

in

Articles 1, 3, 4, 5, 6, 15, 16, 17, 18 and 19

Amendment 30

Amendment 30

Initiative of the French Republic

Initiative of the French Republic

Article 12 – paragraph 2

Article 12 – paragraph 2

2.   Where a search by a national member of Eurojust reveals
  the existence of an alert
  in the Customs Information System, he or she shall inform the Member State
  having issued the alert thereof
  .
  Any communication of information obtained from such a search may be communicated to third countries and third bodies only with the consent of the Member State which issued the alert.

the existence of an alert

having issued the alert thereof

Any communication of information obtained from such a search may be communicated to third countries and third bodies only with the consent of the Member State which issued the alert.

2.   Where a search by a national member of Eurojust,
  their deputies, assistants or specifically authorised staff
  reveals a
  match between information processed by Eurojust and an entry
  in the Customs Information System, he or she shall inform the Member State
  which made the entry
  .

their deputies, assistants or specifically authorised staff

match between information processed by Eurojust and an entry

which made the entry

Amendment 31

Amendment 31

Initiative of the French Republic

Initiative of the French Republic

Article 12 – paragraph 3

Article 12 – paragraph 3

3.   Nothing in this Article shall be interpreted as affecting the provisions of
  Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime
  which concern data protection and the liability for any unauthorised or incorrect processing of such data by national members of Eurojust
  or
  their assistants, or as affecting the powers of the Joint Supervisory Body set up pursuant to that Decision.

Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime

or

3.   Nothing in this Article shall be interpreted as affecting the provisions of
  Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust

   (3) which concern data protection and the liability for any unauthorised or incorrect processing of such data by national members of Eurojust, their
  deputies,
  assistants
  and specifically authorised staff
  , or as affecting the powers of the Joint Supervisory Body set up pursuant to that Decision.

Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust

3

deputies,

and specifically authorised staff

Amendment 32

Amendment 32

Initiative of the French Republic

Initiative of the French Republic

Article 12 – paragraph 4

Article 12 – paragraph 4

4.   No parts of the Customs Information System to which the national members
  or
  their assistants have access shall be connected to any computer system for data collection and processing in operation by or at Eurojust, nor shall any data contained in the former be transferred to the latter, nor shall any part of the Customs Information System be downloaded.

or

4.   No parts of the Customs Information System to which the national members
  of Eurojust,
  their
  deputies,
  assistants
  or specifically authorised staff
  have access shall be connected to any computer system for data collection and processing in operation by or at Eurojust, nor shall any data contained in the former be transferred to the latter, nor shall any part of the Customs Information System be downloaded.

of Eurojust,

deputies,

or specifically authorised staff

Amendment 33

Amendment 33

Initiative of the French Republic

Initiative of the French Republic

Article 12 – paragraph 5

Article 12 – paragraph 5

5.   Access to data entered in the Customs Information System shall be limited to the national members
  and
  their assistants and not be extended to Eurojust staff.

and

5.   Access to data entered in the Customs Information System shall be limited to the national members
  of Eurojust,
  their
  deputies,
  assistants and
  specifically authorised staff and shall
  not be extended to
  other
  Eurojust staff.

of Eurojust,

deputies,

specifically authorised staff and shall

other

Amendment 34

Amendment 34

Initiative of the French Republic

Initiative of the French Republic

Article 13 – paragraph 1

Article 13 – paragraph 1

1.   Only the supplying Member State
  or Europol
  shall have the right to amend, supplement,
  correct
  or
  delete
  data which it has entered in the Customs Information System.

or Europol

correct

delete

1.   Only the supplying Member State shall have the right to amend, supplement,
  rectify
  or
  erase
  data which it has entered in the Customs Information System.

rectify

erase

Amendment 35

Amendment 35

Initiative of the French Republic

Initiative of the French Republic

Article 13 – paragraph 2

Article 13 – paragraph 2

2.   Should a supplying Member State
  or Europol
  note, or have drawn to its attention, that the data it
  included
  are factually inaccurate or were
  included
  , or are stored contrary to this Decision, it shall amend, supplement,
  correct
  or
  delete
  the data, as appropriate, and shall advise the other Member States
  and Europol
  accordingly.

or Europol

included

included

correct

delete

and Europol

2.   Should a supplying Member State note, or have drawn to its attention, that the data it
  entered
  are factually inaccurate or were
  entered
  , or are stored contrary to this Decision, it shall amend, supplement,
  rectify
  or
  erase
  the data, as appropriate, and shall advise the other Member States
  and Eurojust
  accordingly.

entered

entered

rectify

erase

and Eurojust

Amendment 36

Amendment 36

Initiative of the French Republic

Initiative of the French Republic

Article 13 – paragraph 3

Article 13 – paragraph 3

3.   If one of the Member States
  or
  Europol has evidence to suggest that an item of data is factually inaccurate, or was
  included
  or is stored in the Customs Information System, contrary to this Decision, it shall advise the supplying Member State
  or Europol
  as soon as possible. The
  latter
  shall check the data concerned and, if necessary,
  correct
  or
  delete
  the item without delay. The supplying Member State
  or Europol
  shall advise the other Member States and
  Europol of any correction or deletion effected
  .

or

included

or Europol

latter

correct

delete

or Europol

Europol of any correction or deletion effected

3.   If one of the Member States, Europol
  or Eurojust
  has evidence to suggest that an item of data is factually inaccurate, or was
  entered
  or is stored in the Customs Information System, contrary to this Decision, it shall advise the supplying Member State as soon as possible. The
  supplying Member State
  shall check the data concerned and, if necessary,
  rectify
  or
  erase
  the item without delay. The supplying Member State shall advise the other Member States and
  Eurojust where an item of data has been rectified or erased
  .

or Eurojust

entered

supplying Member State

rectify

erase

Eurojust where an item of data has been rectified or erased

Amendment 37

Amendment 37

Initiative of the French Republic

Initiative of the French Republic

Article 13 – paragraph 4

Article 13 – paragraph 4

4.   If, when entering data in the Customs Information System, a Member State
  or Europol
  notes that its report conflicts with a previous report as to content or suggested action, it shall immediately advise the Member State
  or Europol
  which made the previous report. The two Member States
  or the Member State and Europol
  shall then attempt to resolve the matter. In the event of disagreement, the first report shall stand, but those parts of the new report which do not conflict shall be
  included
  in the System.

or Europol

or Europol

or the Member State and Europol

included

4.   If, when entering data in the Customs Information System, a Member State notes that its report conflicts with a previous report as to content or suggested action, it shall immediately advise the Member State which made the previous report. The two Member States shall then attempt to resolve the matter. In the event of disagreement, the first report shall stand, but those parts of the new report which do not conflict shall be
  entered
  in the System.

entered

Amendment 38

Amendment 38

Initiative of the French Republic

Initiative of the French Republic

Article 13 – paragraph 5

Article 13 – paragraph 5

5.   Subject to the provisions of this Decision, where in any Member State a court, or other competent authority within that Member State, makes a final decision as to amendment, supplementation,
  correction
  or
  deletion
  of data in the Customs Information System, the Member States
  and Europol
  undertake mutually to enforce such a decision. In the event of conflict between such decisions of courts or other competent authorities in different Member States, including those referred to in Article 22(4) concerning
  correction or deletion
  , the Member State which
  included
  the data in question
  or Europol
  shall
  delete
  them from the System.

correction

deletion

and Europol

correction or deletion

included

or Europol

delete

5.   Subject to the provisions of this Decision, where in any Member State a court, or other competent authority within that Member State, makes a final decision as to amendment, supplementation,
  rectification
  or
  erasure
  of data in the Customs Information System, the Member States undertake mutually to enforce such a decision. In the event of conflict between such decisions of courts or other competent authorities in different Member States, including those referred to in Article 22(4) concerning
  rectification
  or
  erasure
  , the Member State which
  entered
  the data in question shall
  erase
  them from the System.

rectification

erasure

rectification

erasure

entered

erase

Amendment 39

Amendment 39

Initiative of the French Republic

Initiative of the French Republic

Article 14 – paragraph 1

Article 14 – paragraph 1

1.   Data
  included
  in the Customs Information System shall be kept only for the time necessary to achieve the purpose for which
  it was included
  . The need for their retention shall be reviewed at least annually by the supplying Member State,
  or by Europol if the latter entered the data
  .

included

it was included

or by Europol if the latter entered the data

1.   Data
  entered
  in the Customs Information System shall be kept only for the time necessary to achieve the purpose for which
  they were entered
  . The need for their retention shall be reviewed at least annually by the supplying Member State.

entered

they were entered

Amendment 40

Amendment 40

Initiative of the French Republic

Initiative of the French Republic

Article 14 – paragraph 2

Article 14 – paragraph 2

2.   The supplying Member State,
  or Europol if the latter entered the data,
  may, within the review period, decide to retain data until the next review if their retention is necessary for the purposes for which they were
  included
  . Without prejudice to Article 22, if there is no decision to retain data, they shall automatically be transferred to that part of the Customs Information System to which access shall be limited in accordance with paragraph 4 of this Article.

or Europol if the latter entered the data,

included

2.   The supplying Member State may, within the review period, decide to retain data until the next review if their retention is necessary for the purposes for which they were
  entered
  . Without prejudice to Article 22, if there is no decision to retain data, they shall automatically be transferred to that part of the Customs Information System to which access shall be limited in accordance with paragraph 4 of this Article.

entered

Amendment 41

Amendment 41

Initiative of the French Republic

Initiative of the French Republic

Article 14 – paragraph 3

Article 14 – paragraph 3

3.   The Customs Information System shall automatically inform the supplying Member State,
  or Europol if the latter entered the data,
  of a scheduled transfer of data from the Customs Information System under paragraph 2, giving one month's notice.

or Europol if the latter entered the data,

3.   The Customs Information System shall automatically inform the supplying Member State of a scheduled transfer of data from the Customs Information System under paragraph 2, giving one month's notice.

Amendment 42

Amendment 42

Initiative of the French Republic

Initiative of the French Republic

Article 14 – paragraph 4

Article 14 – paragraph 4

4.   Data transferred under paragraph 2 shall continue to be retained for one year within the Customs Information System, but, without prejudice to Article 22, shall be accessible only to a representative of the Committee referred to in Article 23 or to the supervisory authorities referred to in
  Articles 24(1) and 25(1)
  . During that period they may consult the data only for the purposes of checking their accuracy and lawfulness, after which they must be
  deleted
  .

Committee

Articles 24(1) and 25(1)

must

deleted

4.   Data transferred under paragraph 2 shall continue to be retained for one year within the Customs Information System, but, without prejudice to Article 22, shall be accessible only to a representative of the committee referred to in Article 23 or to the supervisory authorities referred to in
  Articles 22a and 25a
  . During that period they may consult the data only for the purposes of checking their accuracy and lawfulness, after which they shall be
  erased
  .

committee

Articles 22a and 25a

shall

erased

Amendment 43

Amendment 43

Initiative of the French Republic

Initiative of the French Republic

Article 15 – paragraph 1

Article 15 – paragraph 1

1.   The Customs Information System shall contain data in accordance with this Chapter, in addition to data in accordance with Article 3, in a special database, hereinafter referred to as ‘the customs files identification database’. Without prejudice to the provisions of this Chapter and of Chapters VII and VIII, all the provisions of this Decision shall also apply to the customs files identification database.

1.   The Customs Information System shall contain data in accordance with this Chapter, in addition to data in accordance with Article 3, in a special database, hereinafter referred to as ‘the customs files identification database’. Without prejudice to the provisions of this Chapter and of Chapters VII and VIII, all the provisions of this Decision shall also apply to the customs files identification database.
  The exceptions in Article 21(3) shall not apply.

The exceptions in Article 21(3) shall not apply.

Amendment 44

Amendment 44

Initiative of the French Republic

Initiative of the French Republic

Article 15 – paragraph 2

Article 15 – paragraph 2

2.   The aim of the customs files identification database shall be to enable the national authorities responsible for carrying out customs investigations designated pursuant to Article 7, when opening a file on or investigating one or more persons or businesses, to identify competent authorities of other Member States which are investigating or have investigated those persons or businesses, in order, through information on the existence of investigation files, to achieve the aim referred to in Article 1(2).

2.   The aim of the customs files identification database shall be to enable the national authorities responsible for carrying out customs investigations designated pursuant to Article 7, when opening a file on or when investigating one or more persons or businesses,
  and Europol and Eurojust,
  to identify competent authorities of other Member States which are investigating or have investigated those persons or businesses, in order, through information on the existence of investigation files, to achieve the aim referred to in Article 1(2).

when

and Europol and Eurojust,

Amendment 45

Amendment 45

Initiative of the French Republic

Initiative of the French Republic

Article 15 – paragraph 3 – introductory part

Article 15 – paragraph 3 – introductory part

3.   For the purposes of the customs files identification database, each Member State shall send the other Member States and the
  c
  ommittee mentioned in Article 23 a list of serious
  infringements
  of its national laws.

c

infringements

3.   For the purposes of the customs files identification database, each Member State shall send the other Member States,
  Europol, Eurojust
  and the committee referred to in Article 23 a list of serious
  contraventions
  of its national laws.

Europol, Eurojust

contraventions

This list shall comprise only
  infringements
  that are punishable:

infringements

This list shall comprise only
  contraventions
  that are punishable:

contraventions

Amendment 46

Amendment 46

Initiative of the French Republic

Initiative of the French Republic

Article 15 – paragraph 3 – point b

Article 15 – paragraph 3 – point b

| (b) | by a fine of at least
  EUR 15 000
  . |
| --- | --- |

(b)

by a fine of at least
  EUR 15 000
  .

EUR 15 000

| (b) | by a fine of at least
  EUR 25 000
  . |
| --- | --- |

(b)

by a fine of at least
  EUR 25 000
  .

EUR 25 000

Amendment 47

Amendment 47

Initiative of the French Republic

Initiative of the French Republic

Article 16 – paragraph 1 – introductory part

Article 16 – paragraph 1 – introductory part

1.   
  The competent authorities shall enter data
  from investigation files in the customs files identification database for the purposes set out in Article 15(2). The data shall cover only the following categories:

The competent authorities shall enter data

1.   
  Data
  from investigation files
  shall be entered
  in the customs files identification database
  only
  for the purposes set out in Article 15(2). The data shall only cover the following categories:

Data

shall be entered

only

Amendment 49

Amendment 49

Initiative of the French Republic

Initiative of the French Republic

Article 17

Article 17

A Member State shall not be obliged to make entries pursuant to Article 16 in any particular case if and for such time as this would harm public policy or other essential interests, in particular
  with regard to data protection, of the Member State concerned
  .

with regard to data protection, of the Member State concerned

A Member State shall not be obliged to make entries pursuant to Article 16 in any particular case if, and for such time as this would harm public policy or other essential interests, in particular
  where this would present an immediate and serious threat to public security in that Member State, in another Member State or in a third country; where other essential interests of equal importance are at stake; where such entries could present serious harm to the rights of individuals or would prejudice an ongoing investigation

,

where this would present an immediate and serious threat to public security in that Member State, in another Member State or in a third country; where other essential interests of equal importance are at stake; where such entries could present serious harm to the rights of individuals or would prejudice an ongoing investigation

Amendment 50

Amendment 50

Initiative of the French Republic

Initiative of the French Republic

Article 18 – paragraph 2 – point b

Article 18 – paragraph 2 – point b

| (b) | for businesses: business name and/or name under which trade is conducted and/or VAT identifier and/or excise duties identification number
  and/or address
  . |
| --- | --- |

(b)

for businesses: business name and/or name under which trade is conducted and/or VAT identifier and/or excise duties identification number
  and/or address
  .

and/or address

| (b) | for businesses: business name and/or name under which trade is conducted
  and/or address
  and/or VAT identifier, and/or excise duties identification number. |
| --- | --- |

(b)

for businesses: business name and/or name under which trade is conducted
  and/or address
  and/or VAT identifier, and/or excise duties identification number.

and/or address

Amendment 51

Amendment 51

Initiative of the French Republic

Initiative of the French Republic

Article 19 – paragraph 1 – point b

Article 19 – paragraph 1 – point b

| (b) | data relating to investigation files which have established that an infringement has taken place but which have not yet led to a conviction or to imposition of a fine shall not be retained beyond a period of
  six years
  ; |
| --- | --- |

(b)

data relating to investigation files which have established that an infringement has taken place but which have not yet led to a conviction or to imposition of a fine shall not be retained beyond a period of
  six years
  ;

six years

| (b) | data relating to investigation files which have established that an infringement has taken place but which have not yet led to a conviction or to imposition of a fine shall not be retained beyond a period of
  three years
  ; |
| --- | --- |

(b)

data relating to investigation files which have established that an infringement has taken place but which have not yet led to a conviction or to imposition of a fine shall not be retained beyond a period of
  three years
  ;

three years

Amendment 52

Amendment 52

Initiative of the French Republic

Initiative of the French Republic

Article 20

Article 20

1.
     
  Each Member State intending to receive personal data from, or include them in, the Customs Information System shall, no later than ..., adopt national measures sufficient to achieve a level of protection of personal data at lea equal to that resulting from the principles of the 1981 Strasbourg Convention.

1.

Each Member State intending to receive personal data from, or include them in, the Customs Information System shall, no later than ..., adopt national measures sufficient to achieve a level of protection of personal data at lea equal to that resulting from the principles of the 1981 Strasbourg Convention.

Framework Decision 2008/977/JHA shall apply to the protection of the data exchanged in accordance with this Decision unless otherwise provided for in this Decision.

Framework Decision 2008/977/JHA shall apply to the protection of the data exchanged in accordance with this Decision unless otherwise provided for in this Decision.

2.
     
  A Member State shall receive personal data from, or include them in, the Customs Information System only where the arrangements for the protection of such data provided for in paragraph 1 have entered into force in the territory of that Member State. The Member State shall also have previously designated a national supervisory authority or authorities in accordance with Article 24.

2.

A Member State shall receive personal data from, or include them in, the Customs Information System only where the arrangements for the protection of such data provided for in paragraph 1 have entered into force in the territory of that Member State. The Member State shall also have previously designated a national supervisory authority or authorities in accordance with Article 24.

3.
     
  In order to ensure the proper application of the data protection provisions in this Decision, the Customs Information System shall be regarded in every Member State as a national data file subject to the national provisions referred to in paragraph 1 and any more stringent provisions contained in this Decision.

3.

In order to ensure the proper application of the data protection provisions in this Decision, the Customs Information System shall be regarded in every Member State as a national data file subject to the national provisions referred to in paragraph 1 and any more stringent provisions contained in this Decision.

Amendment 53

Amendment 53

Initiative of the French Republic

Initiative of the French Republic

Article 21 – paragraph 1

Article 21 – paragraph 1

1.   
  Subject to Article 8(1), each Member State shall ensure that it shall be unlawful under its laws, regulations and procedures for personal data from the Customs Information System to be used other than for the purposes set out in Article 1(2).

Subject to Article 8(1), each Member State shall ensure that it shall be unlawful under its laws, regulations and procedures for personal data from the Customs Information System to be used other than for the purposes set out in Article 1(2).

deleted

deleted

Amendment 54

Amendment 54

Initiative of the French Republic

Initiative of the French Republic

Article 21 – paragraph 3

Article 21 – paragraph 3

3.   Subject to Article 8(1), personal data
  included
  by other Member States may not be copied from the Customs Information System into other national data files, except those copies held in systems of risk management used to direct national customs controls or copies held in an operational analysis system used to coordinate actions.

included

3.   Subject to Article 8(1), personal data
  entered
  by other Member States may not be copied from the Customs Information System into other national data files, except those copies held in systems of risk management used to direct national customs controls or copies held in an operational analysis system used to coordinate actions.
  Such copies may be made to the extent necessary for specific cases or investigations.

entered

Such copies may be made to the extent necessary for specific cases or investigations.

Amendment 55

Amendment 55

Initiative of the French Republic

Initiative of the French Republic

Article 21 – paragraph 4

Article 21 – paragraph 4

4.   In the two exceptional cases provided for in paragraph 3, only the analysts
  designated
  by the national authorities of each Member State shall be empowered to process personal data obtained from the Customs Information System within the framework of a risk management system used to direct customs controls by national authorities or of an operational analysis system used to coordinate actions.

designated

4.   In the two exceptional cases provided for in paragraph 3, only the analysts
  authorised
  by the national authorities of each Member State shall be empowered to process personal data obtained from the Customs Information System within the framework of a risk management system used to direct customs controls by national authorities or of an operational analysis system used to coordinate actions.

authorised

Amendment 56

Amendment 56

Initiative of the French Republic

Initiative of the French Republic

Article 21 – paragraph 7

Article 21 – paragraph 7

7.   Personal data copied from the Customs Information System shall be kept only for the time necessary to achieve the purpose for which they were copied. The need for their retention shall be reviewed at least annually by the
  partner
  in the Customs Information System which carried out the copying. The storage period shall not exceed ten years. Personal data which are not necessary for the continuation of the analysis shall be
  deleted
  immediately or have any identifying factors removed.

partner

deleted

7.   Personal data copied from the Customs Information System shall be kept only for the time necessary to achieve the purpose for which they were copied. The need for their retention shall be reviewed at least annually by the
  Member State
  in the Customs Information System which carried out the copying. The storage period shall not exceed ten years. Personal data which are not necessary for the continuation of the
  operational
  analysis shall be
  erased
  immediately or have any identifying factors removed.

Member State

operational

erased

Amendment 57

Amendment 57

Initiative of the French Republic

Initiative of the French Republic

Article 22 – paragraph 1

Article 22 – paragraph 1

1.
     The rights of persons with regard to personal data in the Customs Information System, in particular their right of access, shall be
  put into effect
  in accordance with the laws, regulations and procedures of the Member State in which such rights are invoked.

1.

put into effect

The rights of persons with regard to personal data in the Customs Information System, in particular their right of access,
  rectification, erasure or blocking
  shall be
  exercised
  in accordance with the laws, regulations and procedures of the Member State
  implementing Framework Decision 2008/977/JHA
  in which such rights are invoked.
  Access shall be refused to the extent that such refusal is necessary and proportionate in order to avoid jeopardising any ongoing national investigations, or during a period of discreet surveillance or sighting and reporting. When the applicability of an exemption is assessed, the legitimate interests of the person concerned shall be taken into account.

rectification, erasure or blocking

exercised

implementing Framework Decision 2008/977/JHA

Access shall be refused to the extent that such refusal is necessary and proportionate in order to avoid jeopardising any ongoing national investigations, or during a period of discreet surveillance or sighting and reporting. When the applicability of an exemption is assessed, the legitimate interests of the person concerned shall be taken into account.

If laid down in the laws, regulations and procedures of the Member State concerned, the national supervisory authority provided for in Article 23 shall decide whether information is to be communicated and the procedures for so doing.

If laid down in the laws, regulations and procedures of the Member State concerned, the national supervisory authority provided for in Article 23 shall decide whether information is to be communicated and the procedures for so doing.

A Member State which has not supplied the data concerned may communicate data only if it has first given the supplying Member State an opportunity to adopt its position.

A Member State which has not supplied the data concerned may communicate data only if it has first given the supplying Member State an opportunity to adopt its position.

Amendment 58

Amendment 58

Initiative of the French Republic

Initiative of the French Republic

Article 22 – paragraph 2

Article 22 – paragraph 2

2.
     
  A Member State, to which an application for access to personal data is made, shall refuse access if access may undermine the performance of the legal task specified in the report pursuant to Article 5(1), or in order to protect the rights and freedoms of others. Access shall be refused in any event during the period of discreet surveillance or sighting and reporting, and during the period in which the operational analysis of the data or administrative enquiry or criminal investigation is ongoing.

2.

A Member State, to which an application for access to personal data is made, shall refuse access if access may undermine the performance of the legal task specified in the report pursuant to Article 5(1), or in order to protect the rights and freedoms of others. Access shall be refused in any event during the period of discreet surveillance or sighting and reporting, and during the period in which the operational analysis of the data or administrative enquiry or criminal investigation is ongoing.

deleted

deleted

Amendment 59

Amendment 59

Initiative of the French Republic

Initiative of the French Republic

Article 22 – paragraph 3

Article 22 – paragraph 3

3.   
  In each Member State, a person may, according to the laws, regulations and procedures of the Member State concerned, have personal data relating to himself corrected or deleted if those data are factually inaccurate, or were included or are stored in the Customs Information System contrary to the aim stated in Article 1(2) of this Decision or to the provisions of Article 5 of the 1981 Strasbourg Convention.

In each Member State, a person may, according to the laws, regulations and procedures of the Member State concerned, have personal data relating to himself corrected or deleted if those data are factually inaccurate, or were included or are stored in the Customs Information System contrary to the aim stated in Article 1(2) of this Decision or to the provisions of Article 5 of the 1981 Strasbourg Convention.

deleted

deleted

Amendment 60

Amendment 60

Initiative of the French Republic

Initiative of the French Republic

Article 22 – paragraph 4 – first subparagraph – point c a (new)

Article 22 – paragraph 4 – first subparagraph – point c a (new)

| (ca) | block personal data; |
| --- | --- |

(ca)

(ca)

block personal data;

block personal data;

Amendment 61

Amendment 61

Initiative of the French Republic

Initiative of the French Republic

Article 22 – paragraph 4 – second subparagraph

Article 22 – paragraph 4 – second subparagraph

The Member States concerned undertake mutually to enforce the final decisions taken by a court, or other competent authority, pursuant to points (a) to (c).

The Member States concerned undertake mutually to enforce the final decisions taken by a court, or other competent authority, pursuant to points (a) to (c)
  without prejudice to Article 29
  .

without prejudice to Article 29

Amendment 62

Amendment 62

Initiative of the French Republic

Initiative of the French Republic

Article 22 – paragraph 5

Article 22 – paragraph 5

5.
     
  The references in this Article and in Article 13(5) to a ‘final decision’ do not indicate any obligation on the part of any Member State to appeal against a decision taken by a court or other competent authority.

5.

The references in this Article and in Article 13(5) to a ‘final decision’ do not indicate any obligation on the part of any Member State to appeal against a decision taken by a court or other competent authority.

deleted

deleted

Amendment 63

Amendment 63

Initiative of the French Republic

Initiative of the French Republic

Article 22 a (new)

Article 22 a (new)

Article 22a

Article 22a

Each Member State shall designate a national supervisory authority or national supervisory authorities responsible for personal data protection to carry out independent supervision of such data entered in the Customs Information System in accordance with Framework Decision 2008/977/JHA.

Each Member State shall designate a national supervisory authority or national supervisory authorities responsible for personal data protection to carry out independent supervision of such data entered in the Customs Information System in accordance with Framework Decision 2008/977/JHA.

Amendment 64

Amendment 64

Initiative of the French Republic

Initiative of the French Republic

Article 23 – paragraph 3

Article 23 – paragraph 3

3.   The Committee shall report annually to the Council, in accordance with Title VI of the Treaty on European Union, regarding the efficiency and effectiveness of the Customs Information System, making recommendations as necessary.

Committee

on European Union

3.   The committee shall report annually to the Council, in accordance with Title VI of the EU Treaty, regarding the efficiency and effectiveness of the Customs Information System, making recommendations as necessary.
  That report shall be sent to the European Parliament for information.

committee

EU

That report shall be sent to the European Parliament for information.

Amendment 65

Amendment 65

Initiative of the French Republic

Initiative of the French Republic

Article 24

Article 24

1.   
  Each Member State shall designate a national supervisory authority or authorities responsible for personal data protection to carry out independent supervision of such data included in the Customs Information System.

Each Member State shall designate a national supervisory authority or authorities responsible for personal data protection to carry out independent supervision of such data included in the Customs Information System.

deleted

deleted

The supervisory authorities, in accordance with their respective national laws, shall carry out independent supervision and checks, to ensure that the processing and use of data held in the Customs Information System do not violate the rights of the person concerned. For this purpose the supervisory authorities shall have access to the Customs Information System

The supervisory authorities, in accordance with their respective national laws, shall carry out independent supervision and checks, to ensure that the processing and use of data held in the Customs Information System do not violate the rights of the person concerned. For this purpose the supervisory authorities shall have access to the Customs Information System

2.
     
  Any person may ask any national supervisory authority to check personal data relating to himself on the Customs Information System and the use which has been or is being made of those data. That right shall be governed by the laws, regulations and procedures of the Member State in which the request is made. If the data have been included by another Member State, the check shall be carried out in close coordination with that Member State's national supervisory authority.

2.

Any person may ask any national supervisory authority to check personal data relating to himself on the Customs Information System and the use which has been or is being made of those data. That right shall be governed by the laws, regulations and procedures of the Member State in which the request is made. If the data have been included by another Member State, the check shall be carried out in close coordination with that Member State's national supervisory authority.

Amendment 66

Amendment 66

Initiative of the French Republic

Initiative of the French Republic

Article 25

Article 25

1.
     
  A Joint Supervisory Authority shall be set up, consisting of two representatives from each Member State drawn from the respective independent national supervisory authority or authorities.

1.

A Joint Supervisory Authority shall be set up, consisting of two representatives from each Member State drawn from the respective independent national supervisory authority or authorities.

deleted

deleted

2.
     
  The Joint Supervisory Authority shall perform its task in accordance with the provisions of this Decision and of the 1981 Strasbourg Convention taking into account Recommendation R (87) 15.

2.

The Joint Supervisory Authority shall perform its task in accordance with the provisions of this Decision and of the 1981 Strasbourg Convention taking into account Recommendation R (87) 15.

3.
     
  The Joint Supervisory Authority shall be competent to supervise operation of the Customs Information System, to examine any difficulties of application or interpretation which may arise during its operation, to study problems which may arise with regard to the exercise of independent supervision by the national supervisory authorities of the Member States, or in the exercise of rights of access by individuals to the System, and to draw up proposals for the purpose of finding joint solutions to problems.

3.

The Joint Supervisory Authority shall be competent to supervise operation of the Customs Information System, to examine any difficulties of application or interpretation which may arise during its operation, to study problems which may arise with regard to the exercise of independent supervision by the national supervisory authorities of the Member States, or in the exercise of rights of access by individuals to the System, and to draw up proposals for the purpose of finding joint solutions to problems.

4.
     
  For the purpose of fulfilling its responsibilities, the Joint Supervisory Authority shall have access to the Customs Information System.

4.

For the purpose of fulfilling its responsibilities, the Joint Supervisory Authority shall have access to the Customs Information System.

5.
     
  Reports drawn up by the Joint Supervisory Authority shall be forwarded to the authorities to which the national supervisory authorities submit their reports.

5.

Reports drawn up by the Joint Supervisory Authority shall be forwarded to the authorities to which the national supervisory authorities submit their reports.

Amendment 67

Amendment 67

Initiative of the French Republic

Initiative of the French Republic

Article 25 a (new)

Article 25 a (new)

Article 25a

Article 25a

1.
     
  The European Data Protection Supervisor shall supervise the activities of the Commission in relation to the Customs Information System. The duties and powers referred to in Articles 46 and 47 of 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 (4) shall apply accordingly.

1.

The European Data Protection Supervisor shall supervise the activities of the Commission in relation to the Customs Information System. The duties and powers referred to in Articles 46 and 47 of 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 (4

2.
     
  The national supervisory authorities and the European Data Protection Supervisor, each acting within the scope of their respective competences, shall cooperate actively within the framework of their responsibilities and shall ensure coordinated supervision of the Customs Information System.

2.

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

3.
     
  The national supervisory authorities and the European Data Protection Supervisor shall meet for that purpose at least once a year. The costs and servicing of those meetings shall be for the account of the European Data Protection Supervisor. A report of activities shall be submitted to the European Parliament, the Council and the Commission every two years.

3.

The national supervisory authorities and the European Data Protection Supervisor shall meet for that purpose at least once a year. The costs and servicing of those meetings shall be for the account of the European Data Protection Supervisor. A report of activities shall be submitted to the European Parliament, the Council and the Commission every two years.

Amendment 68

Amendment 68

Initiative of the French Republic

Initiative of the French Republic

Article 26 – paragraph 1 – point a

Article 26 – paragraph 1 – point a

| (a) | by the competent authorities of the Member States in respect of the terminals of the Customs Information System in their respective States; |
| --- | --- |

(a)

by the competent authorities of the Member States in respect of the terminals of the Customs Information System in their respective States;

| (a) | by the competent authorities of the Member States in respect of the terminals of the Customs Information System in their respective Member States
  and by Europol and Eurojust
  ; |
| --- | --- |

(a)

by the competent authorities of the Member States in respect of the terminals of the Customs Information System in their respective Member States
  and by Europol and Eurojust
  ;

Member

and by Europol and Eurojust

Amendment 69

Amendment 69

Initiative of the French Republic

Initiative of the French Republic

Article 26 – paragraph 2 – introductory part

Article 26 – paragraph 2 – introductory part

2.   In particular the competent authorities and the committee referred to in Article 23 shall take measures:

2.   In particular the competent authorities,
  Europol, Eurojust
  and the committee referred to in Article 23 shall take measures:

Europol, Eurojust

Amendment 70

Amendment 70

Initiative of the French Republic

Initiative of the French Republic

Article 26 – paragraph 2 – point d a (new)

Article 26 – paragraph 2 – point d a (new)

| (da) | to ensure that persons authorised to access the Customs Information System have access only to the data covered by their access authorisation and only by means of individual and unique user identities and confidential access modes (data access control); |
| --- | --- |

(da)

(da)

to ensure that persons authorised to access the Customs Information System have access only to the data covered by their access authorisation and only by means of individual and unique user identities and confidential access modes (data access control);

to ensure that persons authorised to access the Customs Information System have access only to the data covered by their access authorisation and only by means of individual and unique user identities and confidential access modes (data access control);

Amendment 71

Amendment 71

Initiative of the French Republic

Initiative of the French Republic

Article 26 – paragraph 2 – point e

Article 26 – paragraph 2 – point e

| (e) | to guarantee that, with respect to the use of the Customs Information System, authorised persons have right of access only to data for which they have competence; |
| --- | --- |

(e)

(e)

to guarantee that, with respect to the use of the Customs Information System, authorised persons have right of access only to data for which they have competence;

to guarantee that, with respect to the use of the Customs Information System, authorised persons have right of access only to data for which they have competence;

deleted

deleted

Amendment 72

Amendment 72

Initiative of the French Republic

Initiative of the French Republic

Article 26 – paragraph 2 – point e a (new)

Article 26 – paragraph 2 – point e a (new)

| (ea) | to ensure that all authorities with a right of access to the Customs Information System create profiles describing the functions and responsibilities of persons who are authorised to access, enter, rectify, erase and search the data and make those profiles available to the national supervisory authorities referred to in Article 22a without delay at their request (personnel profiles); |
| --- | --- |

(ea)

(ea)

to ensure that all authorities with a right of access to the Customs Information System create profiles describing the functions and responsibilities of persons who are authorised to access, enter, rectify, erase and search the data and make those profiles available to the national supervisory authorities referred to in Article 22a without delay at their request (personnel profiles);

to ensure that all authorities with a right of access to the Customs Information System create profiles describing the functions and responsibilities of persons who are authorised to access, enter, rectify, erase and search the data and make those profiles available to the national supervisory authorities referred to in Article 22a without delay at their request (personnel profiles);

Amendment 73

Amendment 73

Initiative of the French Republic

Initiative of the French Republic

Article 26 – paragraph 2 – point h a (new)

Article 26 – paragraph 2 – point h a (new)

| (ha) | to monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures relating to internal monitoring to ensure compliance with this Decision (self-auditing). |
| --- | --- |

(ha)

(ha)

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

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

Amendment 74

Amendment 74

Initiative of the French Republic

Initiative of the French Republic

Article 28 – paragraph 1

Article 28 – paragraph 1

1.   Each Member State shall
  be responsible for the accuracy, currency and lawfulness of
  data
  it has included
  in the Customs Information System
  . Each Member State shall also be responsible for complying with the provisions of Article 5 of the 1981 Strasbourg Convention.

be responsible for the accuracy, currency and lawfulness of

it has included

. Each Member State shall also be responsible for complying with the provisions of Article 5 of the 1981 Strasbourg Convention.

1.   Each Member State shall
  ensure that the
  data
  which it has entered
  in the Customs Information System
  in accordance with Article 3, Article 4(1) and Article 8 of Framework Decision 2008/977/JHA are accurate, up-to-date, complete and reliable and that they are entered lawfully.

ensure that the

which it has entered

in accordance with Article 3, Article 4(1) and Article 8 of Framework Decision 2008/977/JHA are accurate, up-to-date, complete and reliable and that they are entered lawfully.

Amendment 75

Amendment 75

Initiative of the French Republic

Initiative of the French Republic

Article 28 – paragraph 2

Article 28 – paragraph 2

2.   Each Member State shall be liable, in accordance with its
  laws, regulations and procedures, for injury
  caused to a person through the use of the Customs Information System
  in the Member State concerned.
  This shall also
  be the case where the injury was caused by the supplying
  Member State entering inaccurate data or entering data
  contrary to this Decision
  .

,

laws, regulations and procedures, for injury

in the Member State concerned.

be the case where the injury was caused by the supplying

contrary to this Decision

2.   Each Member State shall be liable in accordance with its
  national law for any damage
  caused to a person through the use of the Customs Information System. This shall also
  apply to damage caused by a
  Member State entering inaccurate data or entering
  or storing
  data
  unlawfully
  .

national law for any damage

apply to damage caused by a

or storing

unlawfully

Amendment 76

Amendment 76

Initiative of the French Republic

Initiative of the French Republic

Article 28 – paragraph 3

Article 28 – paragraph 3

3.   If
  the
  Member State
  against which an action in respect of inaccurate data is brought is not the
  Member State
  which supplied it
  , the
  Member States concerned shall seek agreement as to what proportion, if any, of the sums paid out in compensation shall be reimbursed by the supplying Member State to the other Member State. Any such sums agreed shall be reimbursed on request
  .

the

against which an action in respect of inaccurate data is brought is not the

which supplied it

Member States concerned shall seek agreement as to what proportion, if any, of the sums paid out in compensation shall be reimbursed by the supplying Member State to the other Member State. Any such sums agreed shall be reimbursed on request

3.   If
  a recipient
  Member State
  pays compensation for damage caused by the use of inaccurate data entered in the Customs Information System by another
  Member State, the
  Member State that entered the inaccurate data shall refund the recipient Member State the amount paid in compensation, taking into account any fault that may lie with the recipient Member State
  .

a recipient

pays compensation for damage caused by the use of inaccurate data entered in the Customs Information System by another

Member State that entered the inaccurate data shall refund the recipient Member State the amount paid in compensation, taking into account any fault that may lie with the recipient Member State

Amendment 77

Amendment 77

Initiative of the French Republic

Initiative of the French Republic

Article 28 – paragraph 3 a (new)

Article 28 – paragraph 3 a (new)

3a.
     
  Europol and Eurojust shall be liable in accordance with their constituent rules.

3a.

Europol and Eurojust shall be liable in accordance with their constituent rules.

Amendment 79

Amendment 79

Initiative of the French Republic

Initiative of the French Republic

Article 31

Article 31

The Member States shall ensure that their national law conforms to this Decision by
  ...
  .

...

The Member States shall ensure that their national law conforms to this Decision by
  1 July 2011
  .

1 July 2011

Amendment 80

Amendment 80

Initiative of the French Republic

Initiative of the French Republic

Article 32

Article 32

This Decision replaces the Convention on the use of information technology for customs purposes, as well as the Protocol of 12 March 1999 on the scope of the laundering of proceeds in the Convention on the use of information technology for customs purposes and the inclusion of the registration number of the means of transport in the Convention (hereinafter referred to as the ‘protocol on the scope of the laundering of proceeds’) and the Protocol of 8 May 2003 established in accordance with Article 34 of the Treaty on European Union, amending, as regards the creation of a customs files identification database, the Convention on the use of information technology for customs purposes (hereinafter referred to as the ‘Protocol on the creation of a customs files identification database’), with effect from
  ...
  .

...

This Decision replaces the Convention on the use of information technology for customs purposes, as well as the Protocol of 12 March 1999 on the scope of the laundering of proceeds in the Convention on the use of information technology for customs purposes and the inclusion of the registration number of the means of transport in the Convention (hereinafter referred to as the ‘protocol on the scope of the laundering of proceeds’) and the Protocol of 8 May 2003 established in accordance with Article 34 of the Treaty on European Union, amending, as regards the creation of a customs files identification database, the Convention on the use of information technology for customs purposes (hereinafter referred to as the ‘Protocol on the creation of a customs files identification database’), with effect from
  1 July 2011
  .

1 July 2011

Amendment 81

Amendment 81

Initiative of the French Republic

Initiative of the French Republic

Article 32 – paragraph 1 a (new)

Article 32 – paragraph 1 a (new)

The Convention and protocols referred to in the first paragraph shall therefore cease to be in force from the date of application of this Decision.

The Convention and protocols referred to in the first paragraph shall therefore cease to be in force from the date of application of this Decision.

Amendment 82

Amendment 82

Initiative of the French Republic

Initiative of the French Republic

Article 33

Article 33

Unless otherwise provided in this Decision, measures implementing the Convention on the use of information technology for customs purposes and the respective protocols on the scope of the laundering of proceeds and on the creation of a customs files identification database shall be repealed with effect from
  ...
  .

...

Unless otherwise provided in this Decision, measures implementing the Convention on the use of information technology for customs purposes and the respective protocols on the scope of the laundering of proceeds and on the creation of a customs files identification database shall be repealed with effect from
  1 July 2011
  .

1 July 2011

Amendment 83

Amendment 83

Initiative of the French Republic

Initiative of the French Republic

Article 34

Article 34

Any dispute between Member States on the interpretation or application of this Decision shall, in an initial stage, be examined by the Council in accordance with the procedure set out in Title VI of the Treaty on European Union with a view to reaching a solution.

Any dispute between Member States on the interpretation or application of this Decision shall, in an initial stage, be examined by the Council in accordance with the procedure set out in Title VI of the Treaty on European Union with a view to reaching a solution.

deleted

deleted

If no solution is found within six months, the matter will be referred to the Court of Justice of the European Communities by a party to the dispute.

If no solution is found within six months, the matter will be referred to the Court of Justice of the European Communities by a party to the dispute.

Amendment 84

Amendment 84

Initiative of the French Republic

Initiative of the French Republic

Article 35 – paragraph 2

Article 35 – paragraph 2

2.   It shall apply from
  ...
  .

...

2.   It shall apply from
  1 July 2011
  .

1 July 2011

---

(1)  
  OJ L 350, 30.12.2008, p. 60.

1

OJ L 350, 30.12.2008, p. 60.

(2)  
  OJ L 121, 15.5.2009, p. 37.

2

OJ L 121, 15.5.2009, p. 37.

(3)  
  OJ L 138, 4.6.2009, p. 14.

3

OJ L 138, 4.6.2009, p. 14.

(4)  

  OJ L 8, 12.1.2001, p. 1.

4

OJ L 8, 12.1.2001, p. 1.

---