Activities of Renate WEBER related to 2008/0242(COD)
Plenary speeches (2)
Laying down standards for the reception of applicants for international protection (recast) - Application for international protection lodged in a Member State by a third-country national or a stateless person (recast version) - Establishment of 'Eurodac' for the comparison of fingerprints - Granting and withdrawing international protection (recast) (debate)
Laying down standards for the reception of applicants for international protection (recast) - Application for international protection lodged in a Member State by a third-country national or a stateless person (recast version) - Establishment of 'Eurodac' for the comparison of fingerprints - Granting and withdrawing international protection (recast) (debate)
Amendments (30)
Amendment 22 #
Amendment 23 #
2a. Calls on the Commission to reaffirm the principles laid down in Article 6 of Directive 95/46/EC of the European Parliament and of the Council1, which require, inter alia, that data be collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes and that data be kept for no longer than required for processing in connection with those purposes, and that those principles will also apply to Eurodac in the future.
Amendment 28 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Access to EURODAC data by Europol should be allowed only for specific cases, under specific circumstances and under strict conditions.
Amendment 30 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The procedure for taking fingerprints shall be determined and applied in accordance with the national practice of the Member State concerned and in accordance with the safeguards laid down in the Charter of Fundamental Rights of the European Union, in the Convention for the Protection of Human Rights and Fundamental Freedoms and in the United Nations Convention on the Rights of the Child and with regard to the fact that the best interests of children shall be the primary consideration of Member States in the application of this Regulation.
Amendment 32 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The results of the comparison should be immediately checked in the Member State of origin by a fingerprint expert. Final identification should be made by the Member State of origin in cooperation with the Member States concerned, pursuant to Article 32 of Regulation (EU) No [.../...] of the European Parliament and of the Council [establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person].
Amendment 33 #
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) Information received from the Central System relating to other data found to be unreliable should be erased as soon as the unreliability of the data is established.
Amendment 45 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 4
Article 24 – paragraph 1 – subparagraph 4
A common leaflet, drafted in clear, simple and understandable language, containing at least the information referred to in paragraph 1 of this Article and the information referred to in Article 4(1) of the Dublin Regulation shall be drawn up in accordance with the procedure referred to in Article 40(2) of the Dublin Regulation.
Amendment 46 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 5
Article 24 – paragraph 1 – subparagraph 5
Where a person covered by this Regulation is a minor, Member States shall provide the information in an age-appropriate manner. The best interests of children shall be the primary consideration of Member States when implementing this Article.
Amendment 74 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Agency, shall be responsible for the operational management of EURODAC. The Agency shall ensure, in cooperation with the Member States, that at all times the best available technologyiques, subject to a cost-benefit analysis, is used for the Central System.
Amendment 78 #
1. For the purposes laid down in Article 1(2), Member States shall designate the authorities which are authorised to access EURODAC data pursuant to this Regulation. Designated authorities shall be authorities of the Member States which are responsible for the prevention, detection or investigation of terrorist offences and other serious criminal offences. Designated authorities shall not include agencies or units responsible for intelligence relating to national security.
Amendment 87 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The verifying authority shall perform its duties and tasks independently and shall not receive instructions as regards the exercise of the verification.
Amendment 90 #
2a. The verifying authority shall perform its duties and tasks independently and shall not receive instructions as regards the exercise of the verification.
Amendment 94 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Temporary or permanent impossibility to provide usable fingerprints shall not adversely affect the legal situation of the individual. In any case, it cannot represent sufficient grounds to refuse to examine or to reject an international protection application.
Amendment 103 #
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5a. Temporary or permanent impossibility to provide usable fingerprints shall not adversely affect the legal situation of the individual. In any case, it cannot represent sufficient grounds to refuse to examine or to reject an international protection application.
Amendment 107 #
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. Once the results of the comparison have been transmitted to the Member State of origin, the Central System shall forthwith: (a) erase the fingerprint data and other data transmitted to it pursuant to paragraph 1; and (b) destroy the media used by the Member State of origin for transmitting the data to the Central System, unless the Member State of origin has requested their return. Temporary or permanent impossibility to provide usable fingerprints shall not adversely affect the legal situation of the individual. In any case, it cannot represent sufficient grounds to refuse to examine or to reject an application for international protection.
Amendment 111 #
Amendment 116 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. In exceptional cases of urgency of the need to prevent an imminent danger associated with serious criminal or terrorist offences, the verifying authority may transmit the fingerprint data to the National Access Point for comparison immediately upon receipt of a request by a designated authority and only verify ex- post whether all the conditions of Article 20 or Article 21 are fulfilled, including whether an exceptional case of urgency actually existed. The ex-post verification shall take place without undue delay after the processing of the request.
Amendment 122 #
(ba) there is a substantiated suspicion that the perpetrator of a terrorist or other serious criminal offences has applied for international protection;
Amendment 124 #
(c) there is an overriding public security concern which makes proportionate the querying of a database registering persons with a clean criminal record, and there are reasonable grounds to consider that such comparison with EURODAC data will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question.
Amendment 129 #
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. However, access to EURODAC data by Europol shall be allowed only for specific cases, under specific circumstances and under the strict conditions provided for in Article 20(1).
Amendment 139 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) regarding the purpose for which his or her data will be processed within EURODAC including a description of the aims of the Dublin Regulation, in accordance with Article 4 of that Regulation and the fact that EURODAC may be accessed for law enforcement purposes.
Amendment 145 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The European Data Protection Supervisor shall ensure that all the personal data processing activities concerning EURODAC, in particular by the Agency and by Europol are carried out in accordance with Regulation (EC) No 45/2001 and this Regulation.
Amendment 148 #
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. Both the national and European supervisory authorities shall be provided with sufficient financial and personal resources to be able to supervise the use and access to Eurodac data adequately.
Amendment 151 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
Amendment 156 #
Proposal for a regulation
Article 34 – paragraph 2 – point a
Article 34 – paragraph 2 – point a
(a) physically protect data, including by making contingency plans for the protection of criticalrelevant infrastructure;
Amendment 159 #
(k) monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation (self-auditing) and also near real-time observation of the system using specialized tools.
Amendment 160 #
Proposal for a regulation
Article 34 – paragraph 3 a (new)
Article 34 – paragraph 3 a (new)
3a. In cases of security incidents, Member States shall inform the Agency about the security incidents detected on their system. The Agency shall inform all stakeholders about security incidents. All parties shall collaborate during a security incident. National Supervisory authorities and the EDPS shall be informed about security incidents.
Amendment 162 #
Proposal for a regulation
Article 35
Article 35
Personal data obtained by a Member State or Europol pursuant to this Regulation from the EURODAC central database shall not be transferred or made available to any third country or international organisation or a private entity established in or outside the European Union. This prohibition shall be without prejudice to the right of Member States to transfer such data to third countries to which the Dublin Regulation applies. Personal data obtained by a Member State or Europol and processed further in national databases shall not be transferred or made available to any third country or international organisation or a private entity established in or outside the European Union.
Amendment 180 #
Proposal for a regulation
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
1a. Member States shall constantly update the information they have provided to the Commission. The Commission shall make this information available to the other Member States, Europol and the public via a constantly updated electronic publication.
Amendment 181 #
Proposal for a regulation
Article 43 – paragraph 2 a (new)
Article 43 – paragraph 2 a (new)
2a. Europol shall constantly update the information it has provided to the Commission. The Commission shall make this information available to the other Member States, Europol and the public via a constantly updated electronic publication.