Use of information technology for customs purposes * 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))
Date: 2009-11-24
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: customs, customs profession, data protection, data recording, database management system, disclosure of information, information storage








CE2010285EN.01012901.xml










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,
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;










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;










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.










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.












(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.









Amendment 2






Initiative of the French Republic


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 
allowing data from
 the Customs Information System 
to be communicated to those agencies subject to certain conditions
.









Amendment 3






Initiative of the French Republic


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.











Amendment 4






Initiative of the French Republic


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.











Amendment 5






Initiative of the French Republic


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.











Amendment 6






Initiative of the French Republic


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 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.









Amendment 7






Initiative of the French Republic


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.











Amendment 8






Initiative of the French Republic


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 30 and 296
 of the EC Treaty;









Amendment 9






Initiative of the French Republic


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;











Amendment 10






Initiative of the French Republic


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 30 and 296
 of the EC Treaty, and non–harmonised excise duties;









Amendment 11






Initiative of the French Republic


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 
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






Initiative of the French Republic


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





 










(ga)






cash detained, seized or confiscated.











Amendment 14






Initiative of the French Republic


Article 4 – paragraph 2 – point a











(a)



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












(a)



names, maiden name, forenames and aliases;









Amendment 15






Initiative of the French Republic


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:


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:





Amendment 16






Initiative of the French Republic


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
.


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





Amendment 17






Initiative of the French Republic


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.


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.





Amendment 18






Initiative of the French Republic


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.







Amendment 19






Initiative of the French Republic


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.


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.





Amendment 20






Initiative of the French Republic


Article 6 – paragraph 1 – point iv













(iv)






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










deleted







Amendment 21






Initiative of the French Republic


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.


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.







Amendment 22






Initiative of the French Republic


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.






deleted







Amendment 23






Initiative of the French Republic


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’.




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).





Amendment 24






Initiative of the French Republic


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).


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






Initiative of the French Republic


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.







Amendment 26






Initiative of the French Republic


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.






deleted







Amendment 27






Initiative of the French Republic


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
.


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
.






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.








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.




 






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 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






Initiative of the French Republic


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.







Amendment 29






Initiative of the French Republic


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.


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.





Amendment 30






Initiative of the French Republic


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.




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
.





Amendment 31






Initiative of the French Republic


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.


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.





Amendment 32






Initiative of the French Republic


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.


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.





Amendment 33






Initiative of the French Republic


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.


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.





Amendment 34






Initiative of the French Republic


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.


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.





Amendment 35






Initiative of the French Republic


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.


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.





Amendment 36






Initiative of the French Republic


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
.


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
.





Amendment 37






Initiative of the French Republic


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.


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.





Amendment 38






Initiative of the French Republic


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.


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.





Amendment 39






Initiative of the French Republic


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
.


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.





Amendment 40






Initiative of the French Republic


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.


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.





Amendment 41






Initiative of the French Republic


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.


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






Initiative of the French Republic


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
.


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
.





Amendment 43






Initiative of the French Republic


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.







Amendment 44






Initiative of the French Republic


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).





Amendment 45






Initiative of the French Republic


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.


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.




This list shall comprise only 
infringements
 that are punishable:


This list shall comprise only 
contraventions
 that are punishable:





Amendment 46






Initiative of the French Republic


Article 15 – paragraph 3 – point b











(b)


by a fine of at least 
EUR 15 000
.












(b)


by a fine of at least 
EUR 25 000
.









Amendment 47






Initiative of the French Republic


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:


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:





Amendment 49






Initiative of the French Republic


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
.


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







Amendment 50






Initiative of the French Republic


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 address
 and/or VAT identifier, and/or excise duties identification number.









Amendment 51






Initiative of the French Republic


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 
three years
;









Amendment 52






Initiative of the French Republic


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.






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.




 






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






Initiative of the French Republic


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).






deleted







Amendment 54






Initiative of the French Republic


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.


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.







Amendment 55






Initiative of the French Republic


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.


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.





Amendment 56






Initiative of the French Republic


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.


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.





Amendment 57






Initiative of the French Republic


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.


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.








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.




 





Amendment 58






Initiative of the French Republic


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.






deleted







Amendment 59






Initiative of the French Republic


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.






deleted







Amendment 60






Initiative of the French Republic


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





 










(ca)






block personal data;











Amendment 61






Initiative of the French Republic


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
.





Amendment 62






Initiative of the French Republic


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.






deleted







Amendment 63






Initiative of the French Republic


Article 22 a (new)





 



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.







Amendment 64






Initiative of the French Republic


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.


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.







Amendment 65






Initiative of the French Republic


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.






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




 






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






Initiative of the French Republic


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.






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.




 






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.




 






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






Initiative of the French Republic


Article 25 a (new)





 



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.






 




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.







Amendment 68






Initiative of the French Republic


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 Member States 
and by Europol and Eurojust
;









Amendment 69






Initiative of the French Republic


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:





Amendment 70






Initiative of the French Republic


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);











Amendment 71






Initiative of the French Republic


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;










deleted







Amendment 72






Initiative of the French Republic


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);











Amendment 73






Initiative of the French Republic


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).











Amendment 74






Initiative of the French Republic


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.




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.







Amendment 75






Initiative of the French Republic


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
.


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
.





Amendment 76






Initiative of the French Republic


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
.


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
.





Amendment 77






Initiative of the French Republic


Article 28 – paragraph 3 a (new)





 




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







Amendment 79






Initiative of the French Republic


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
.





Amendment 80






Initiative of the French Republic


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
.





Amendment 81






Initiative of the French Republic


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.







Amendment 82






Initiative of the French Republic


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
.





Amendment 83






Initiative of the French Republic


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.






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.




 





Amendment 84






Initiative of the French Republic


Article 35 – paragraph 2





2.   It shall apply from 
…
.


2.   It shall apply from 
1 July 2011
.






(1)  
OJ L 350, 30.12.2008, p. 60.


(2)  
OJ L 121, 15.5.2009, p. 37.


(3)  
OJ L 138, 4.6.2009, p. 14.


(4)  

OJ L 8, 12.1.2001, p. 1.