BETA

480 Amendments of Sophie MONTEL related to 2016/0132(COD)

Proposal for a regulation
Recital 2

(2) ~~A common p~~Policy on asylum, including a Common European Asylum System, is a constituent part of the European Union's objective of progressively establishing an area of freedom, security and justice open to those who, forced by circumstances, seek international protection in the Unions determined by the nation state, the only entity with a legitimate claim to express the will of the people, who are sovereign in this regard.

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 4

(4) For the purposes of applying Regulation (EU) No […/…] 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 person24 , it is necessarEach Member State has a responsibility to establish the identity of applicants for international protection and of persons apprehended in connection with the unlawful crossing of the external borders of the Union. It ihas a~~lso desirable, in order effectively to apply Regulation (EU) No […/…], and in particular Articles[..] and [..]) thereof, to allow each Member State to check whe~~ responsibility to detain illegal immigrants, to consider their a ~~third- country national or stateless person found illegally staying on its territory has applied for international protection in another Member State. _________________ 24~~pplications and, if appropriate, to expel them. See page 31 of this Official Journal.

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 5

(5) Biometrics constitute an important element in establishing the exact identity of such persons. It is necessary to set up a system for the comparison of their fingerprint and facial image data, in order to be able to expel them automatically if they re-enter the territory after their initial application for asylum has been rejected.

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 6

(6) To that end, it is necessary to set up a system known as 'Eurodac', consisting of a Central System, which will operate a computerised central database of fingerprint and facial image data, as well as of the electronic means of transmission between the Member States and the Central System, hereinafter the "Communication Infrastructure".deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 7

(7) For the purposes of applying and implementing Regulation (EU) No. […/…] it is also necessary to ensure that a separate secure communication infrastructure exists, which Member State's competent authorities for asylum can use for the exchange of information on applicants for international protection. This secure electronic means of transmission shall be known as 'DubliNet' and should be managed and operated by eu-LISA.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 9

(9) In 2015, the refugee and migration crisis brought to the fore challenges faced by some Member States with ~~tak~~coping fingerprints of illegally staying third- country nationals or stateless persons who attempted to avoid the procedures for determining the Member State responsible for examining an application for international protection. The Communication of the Commission of 13 May 2015, titled "A European Agenda on Migration"25 noted that "Member States must also implement fully the rules on taking migrants' fingerprints at the borders" and further proposed that "The Commission will also explowith the floods of migrants. They can only be advised to invest human and material resources in protecting their borders, and it is important that those States which are under the greatest pressure sho~~w more biometric identifiers can be used through the Eurodac system (such as using facial recognition techniques through digital photos)". _________________ 2~~uld receive EU funding. COM(2015) 240 final, 13.5.2015

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 10

(10) To assist Member States overcome challenges relating to non-compliance with the fingerprinting process, this Regulation also permits the comparison of a facial image without fingerprints as a last resort, where it is impossible to take the fingerprints of the third-country national or stateless person because his or her fingertips are damaged, either intentionally or not, or amputated. Member States should exhaust all attempts to ensure that fingerprints can be taken from the data-subject before a comparison using a facial image only can be carried out where non-compliance based on reasons not relating to the conditions of the individual's fingertips are given. Where facial images are used in combination with fingerprint data, it allows for the reduction of fingerprints registered while enabling the same result in terms of accuracy of the identification.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 11

(11) The return of third-country nationals who do not have a right to stay in the Union, in accordance with fundamental rights as general principles of Union law as well as international law, including refugee protection and human rights obligations, and in compliance with the provisions of Directive 2008/115/EC26 , is an essential parts the principal aim of the comprehensive efforts to address migration and, in particular, to reduce and deter irregular migration. To increase the effectiveness of the Union system to return illegally staying third-country nationals is needed in order to maintain public trust in the Union migration and asylum system, and should go hand in hand with the efforts to protect those in need of protection. _________________ 26 Directive of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24,12,2008, p. 98.

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 12

(12) National authorities in the Member States experience difficulties in identifying illegally staying third-country nationals who use deceptive means to avoid their identification and to frustrate the procedures for re-documentation in view of their return and readmission. It is therefore essential to ensure that information on third-country nationals or stateless persons who are found to be staying illegally in the EU are collected and transmitted to Eurodac and are compared also with those collected and transmitted for the purpose of establishing the identity of applicants for international protection and of third-country nationals apprehended in connection with the unlawful crossing of the external borders of the Union, in order to facilitate their identification and re-documentation and to ensure their return and readmission, and to reduce identity fraud. It should also contribute to reducing the length of the administrative procedures necessary for ensuring return and readmission of illegally staying third-country nationals, including the period during which they may be kept in administrative detention awaiting removal. It should also allow identifying third countries of transit, where the illegally staytng third-country national may be readmitted.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 13

(13) In its Conclusions of 8 October 2015 on the future of return policy, the Council endorsed the initiative announced by the Commission to explore an extension of the scope and purpose of Eurodac to enable the use of data for return purposes27 . Member States should have the necessary tools at their disposal to be able to detect illegal migration to and secondary movements of illegally staying third-country nationals in the Union. Therefore, the data in Eurodac should be available, subject to the conditions set out in this Regulation, for comparison by the designated authorities of the Member States. _________________ 27 EU Action Plan on return, COM(2015) 453 final.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 14

(14) The Commission’s Communication on Stronger and Smarter Information Systems for Borders and Security28 highlights the need to improve the interoperability of information systems as a long-term objective, as also identified by the European Council and the Council. The Communication proposes to set up an Expert Group on Information Systems and Interoperability to address the legal and technical feasibility of achieving interoperability of the information systems for borders and security. This group should assess the necessity and proportionality of establishing interoperability with the Schengen Information Systems (SIS) and the Visa Information Systems (VIS), and examine if there is a need to revise the legal framework for law enforcement access to EURODAC. _________________ 28deleted COM(2016) 205 final

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 15

(15) It is essential in the fight against terrorist offences and other serious criminal offences for the law enforcement authorities to have the fullest and most up-to-date information if they are to perform their tasks. The information contained in Eurodac is necessary for the purposes of the prevention, detection or investigation of terrorist offences as referred to in Council Framework Decision 2002/475/JHA29 or of other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA30 . Therefore, the data in Eurodac should be available, subject to the conditions set out in this Regulation, for comparison by the designated authorities of Member States and the European Police Office (Europol). _________________ 29Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). 30Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 16

(16) The powers granted to law enforcement authorities to access Eurodac should be without prejudice to the right of an applicant for international protection to have his or her application processed in due course in accordance with the relevant law. Furthermore, any subsequent follow-up after obtaining a 'hit' from Eurodac should also be without prejudice to that right.deleted

2017/02/16
Committee: BUDG

(17) The Commission outlined in its Communication to the Council and the European Parliament of 24 November 2005 on improved effectiveness, enhanced interoperability and synergies among European databases in the area of Justice and Home Affairs that authorities responsible for internal security could have access to Eurodac in well-defined cases, when there is a substantiated suspicion that the perpetrator of a terrorist or other serious criminal offence has applied for international protection. In that Communication the Commission also found that the proportionality principle requires that Eurodac be queried for such purposes only if there is an overriding public security concern, that is, if the act committed by the criminal or terrorist to be identified is so reprehensible that it justifies querying a database that registers persons with a clean criminal record, and it concluded that the threshold for authorities responsible for internal security to query Eurodac must therefore always be significantly higher than the threshold for querying criminal databases.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 18

(18) Moreover, Europol plays a key role with respect to cooperation between Member States' authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. Consequently, Europol should also have access to Eurodac within the framework of its tasks and in accordance with Council Decision 2009/371/JHA31 . _________________ 31Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 19

~~(19) Requests for comparison of Eurodac data by Europol should be allowed only in specific cases, under specific circumstances and under strict conditions.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 20

(20) Since Eurodac was originally established to facilitate the application of the Dublin Convention, access to Eurodac for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences constitutes a change of the original purpose of Eurodac, which interferes with the fundamental right to respect for the private life of individuals whose personal data are processed in Eurodac. In line with the requirements of Article 52(1) of the Charter of Fundamental Rights of the European Union, any such interference must be in accordance with the law, which must be formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise. Any interference must be necessary to genuinely meet an objective of general interest and proportionate to the legitimate objective it aims to achieve.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 21

(21) Even though the original purpose of the establishment of Eurodac did not require the facility of requesting comparisons of data with the database on the basis of a latent fingerprint, which is the dactyloscopic trace which may be found at a crime scene, such a facility is fundamental in the field of police cooperation. The possibility to compare a latent fingerprint with the fingerprint data which is stored in Eurodac in cases where there are reasonable grounds for believing that the perpetrator or victim may fall under one of the categories covered by this Regulation will provide the designated authorities of the Member States with a very valuable tool in preventing, detecting or investigating terrorist offences or other serious criminal offences, when for example the only evidence available at a crime scene are latent fingerprintsThe best way of ensuring that clandestine migrants cannot commit crimes or attacks within the territory of the country that has admitted them is not to admit any clandestine migrants at all. Schengen must be abolished, so that each State bears sole responsibility for deciding who may enter its territory.

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 22

(22) This Regulation also lays down the conditions under which requests for comparison of fingerprint data with Eurodac data for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences should be allowed and the necessary safeguards to ensure the protection of the fundamental right to respect for the private life of individuals whose personal data are processed in Eurodac. The strictness of those conditions reflects the fact that the Eurodac database registers fingerprint data of persons who are not presumed to have committed a terrorist offence or other serious criminal offence.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 23

(23) With a view to ensuring equal treatment for all applicants and beneficiaries of international protection, as well as in order to ensure consistency with the current Union asylum acquis, in particular with Directive 2011/95/EU of the European Parliament and of the Council32 and Regulation (EU) No […/…], this Regulation includes applicants for subsidiary protection and persons eligible for subsidiary protection in its scope . _________________ 32 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 24

(24) It is also necessary to require the Member States promptly to take and transmit the fingerprint data of every applicant for international protection and of every third-country national or stateless person who is apprehended in connection with the irregular crossing of an external border of a Member State or is found to be staying illegally in a Member State , if they are at least six years of age.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 25

(25) In view of strengthening the protection of unaccompanied minors who have not applied for international protection and those children who may become separated from their families, it is also necessary to take fingerprints and a facial image for storage in the Central System to help establish the identity of a child and assist a Member State to trace any family or links they may have with another Member State. Establishing family links is a key element in restoring family unity and must be is closely linked to the determination of the best interests of the child and eventually, the determination of a durable solution.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 26

(26) The best interests of the minor should be a primary consideration for Member States when applying this Regulation. Where the requesting Member State establishes that Eurodac data pertain to a child, these data may only be used for law enforcement purposes by the requesting Member State in accordance with that State's laws applicable to minors and in accordance with the obligation to give primary consideration to the best interests of the child.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 27

(27) It is necessary to lay down precise rules for the transmission of such fingerprint and facial image data to the Central System, the recording of such fingerprint and facial image data and of other relevant personal data in the Central System, their storage, their comparison with other fingerprint and facial image data, the transmission of the results of such comparison and the marking and erasure of the recorded data. Such rules may be different for, and should be specifically adapted to, the situation of different categories of third- country nationals or stateless persons.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 28

(28) Member States should ensure the transmission of fingerprint and facial image data of an appropriate quality for the purpose of comparison by means of the computerised fingerprint and facial recognition system. All authorities with a right of access to Eurodac should invest in adequate training and in the necessary technological equipment. The authorities with a right of access to Eurodac should inform the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice established by Regulation (EU) No 1077/2011 of the European Parliament and of the Council33 ( "eu- LISA" ) of specific difficulties encountered with regard to the quality of data, in order to resolve them. _________________ 33Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 286, 1.11.2011, p. 1).deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 29

(29) The fact that it is temporarily or permanently impossible to take and/or to transmit fingerprint and facial image data, due to reasons such as insufficient quality of the data for appropriate comparison, technical problems, reasons linked to the protection of health or due to the data subject being unfit or unable to have his or her fingerprints or facial image taken owing to circumstances beyond his or her control, should not adversely affect the examination of or the decision on the application for international protection lodged by that person.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 30

(30) Member States should refer to the Commission's Staff Working Document on Implementation of the Eurodac Regulation as regards the obligation to take fingerprints adopted by the Council on 20 July 201534 , which sets out a best practice approach to taking fingerprints of irregular third-country nationals. Where a Member State's national law allows for the taking of fingerprints by force or coercion as a last resort, those measures must fully respect the EU Charter of Fundamental Rights. Third- country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image, except in duly justified circumstances that are permitted under national law. _________________ 34deleted COM(2015) 150 final, 27.5.2015

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 31

(31) Hits obtained from Eurodac should be verified by a trained fingerprint expert in order to ensure the accurate determination of responsibility under Regulation (EU) No […/…] ; the exact identification of the third-country national or stateless person and the exact identification of the criminal suspect or victim of crime whose data might be stored in Eurodac. Hits obtained from Eurodac based on facial images should also be verified where there is doubt that the result relates to the same person.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 32

(32) Third-country nationals or stateless persons who have requested international protection in one Member State may try to request international protection in another Member State for many years to come. Therefore, the maximum period during which fingerprint and facial image data should be kept by the Central System should be of considerable length. Given that most third-country nationals or stateless persons who have stayed in the Union for several years will have obtained a settled status or even citizenship of a Member State after that period, a period of ten years should be considered a reasonable period for the storage of fingerprint and facial image data.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 33

(33) In view of successfully preventing and monitoring unauthorised movements of third-country nationals or stateless persons who have no right to stay in the Union, and of taking the necessary measures for successfully enforcing effective return and readmission to third countries in accordance with Directive 2008/115/EC35 and the right to protection of personal data, a period of five years should be considered a necessary period for the storage of fingerprint and facial data. _________________ 35deleted OJ L 348, 24.12.2008, p.98

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 34

(34) The storage period should be shorter in certain special situations where there is no need to keep fingerprint and facial data and all other personal data for that length of time. Fingerprint and facial image data and all other personal data belonging to a third-country national should be erased immediately once third-country nationals or stateless persons obtain citizenship of a Member State.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 35

(35) It is appropriate to store data relating to those data subjects whose fingerprints and facial images were initially recorded in Eurodac upon lodging their applications for international protection and who have been granted international protection in a Member State in order to allow data recorded upon lodging an application for international protection to be compared against them.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 36

(36) eu-LISA has been entrusted with the Commission's tasks relating to the operational management of Eurodac in accordance with this Regulation and with certain tasks relating to the Communication Infrastructure as from the date on which eu-LISA took up its responsibilities on 1 December 2012. In addition, Europol should have observer status at the meetings of the Management Board of eu-LISA when a question in relation to the application of this Regulation concerning access for consultation of Eurodac by designated authorities of Member States and by Europol for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences is on the agenda. Europol should be able to appoint a representative to the Eurodac Advisory Group of eu-LISA .deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 37

(37) It is necessary to lay down clearly the respective responsibilities of the Commission and eu-LISA , in respect of the Central System and the Communication Infrastructure, and of the Member States, as regards data processing, data security, access to, and correction of recorded data.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 38

(38) It is necessary to designate the competent authorities of the Member States as well as the National Access Point through which the requests for comparison with Eurodac data are made and to keep a list of the operating units within the designated authorities that are authorised to request such comparison for the specific purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 39

(39) Requests for comparison with data stored in the Central System should be made by the operating units within the designated authorities to the National Access Point, through the verifying authority, and should be reasoned. The operating units within the designated authorities that are authorised to request comparisons with Eurodac data should not act as a verifying authority. The verifying authorities should act independently of the designated authorities and should be responsible for ensuring, in an independent manner, strict compliance with the conditions for access as established in this Regulation. The verifying authorities should then forward the request, without forwarding the reasons for it, for comparison through the National Access Point to the Central System following verification that all conditions for access are fulfilled. In exceptional cases of urgency where early access is necessary to respond to a specific and actual threat related to terrorist offences or other serious criminal offences, the verifying authority should process the request immediately and only carry out the verification afterwards.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 40

(40) The designated authority and the verifying authority may be part of the same organisation, if permitted under national law, but the verifying authority should act independently when performing its tasks under this Regulation.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 41

(41) For the purposes of protection of personal data, and to exclude systematic comparisons which should be forbidden, the processing of Eurodac data should only take place in specific cases and when it is necessary for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences. A specific case exists in particular when the request for comparison is connected to a specific and concrete situation or to a specific and concrete danger associated with a terrorist offence or other serious criminal offence, or to specific persons in respect of whom there are serious grounds for believing that they will commit or have committed any such offence. A specific case also exists when the request for comparison is connected to a person who is the victim of a terrorist offence or other serious criminal offence. The designated authorities and Europol should thus only request a comparison with Eurodac when they have reasonable grounds to believe that such a comparison will provide information that will substantially assist them in preventing, detecting or investigating a terrorist offence or other serious criminal offence.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 42

(42) In addition, access should be allowed only on condition that comparisons with the national fingerprint databases of the Member State and with the automated fingerprinting identification systems of all other Member States under Council Decision 2008/615/JHA36 did not lead to the establishment of the identity of the data subject. That condition requires the requesting Member State to conduct comparisons with the automated fingerprinting identification systems of all other Member States under Decision 2008/615/JHA which are technically available, unless that Member State can justify that there are reasonable grounds to believe that it would not lead to the establishment of the identity of the data subject. Such reasonable grounds exist in particular where the specific case does not present any operational or investigative link to a given Member State. That condition requires prior legal and technical implementation of Decision 2008/615/JHA by the requesting Member State in the area of fingerprint data, as it should not be permitted to conduct a Eurodac check for law enforcement purposes where those above steps have not been first taken. _________________ 36Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross- border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1).deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 43

(43) Prior to searching Eurodac, designated authorities should also, provided that the conditions for a comparison are met, consult the Visa Information System under Council Decision 2008/633/JHA37 . _________________ 37Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences (OJ L 218, 13.8.2008, p. 129).deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 44

(44) For the purpose of efficient comparison and exchange of personal data, Member States should fully implement and make use of the existing international agreements as well as of Union law concerning the exchange of personal data already in force, in particular of Decision 2008/615/JHA.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 45

(45) While the non-contractual liability of the Union in connection with the operation of the Eurodac system will be governed by the relevant provisions of the Treaty on the Functioning of the European Union (TFEU), it is necessary to lay down specific rules for the non- contractual liability of the Member States in connection with the operation of the system.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 46

(46) Since the objective of this Regulation, namely the creation of a system for the comparison of fingerprint and facial image data to assist the implementation of Union asylum and migration policy, cannot, by its very nature, be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 48

(48) The national provisions adopted pursuant to Directive [2016/… /EU] of the European Parliament and of the Council [of … 2016] on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data apply to the processing of personal data by competent authorities of the Member States for the purposes of the prevention, investigation, detection or prosecution of terrorist offences or of other serious criminal offences pursuant to this Regulation .deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 49

(49) The rules set out in Regulation [2016/…/..] regarding the protection of the rights and freedoms of individuals, notably their right to the protection of personal data concerning them , with regard to the processing of personal data should be specified in respect of the responsibility for the processing of the data, of safeguarding the rights of data subjects and of the supervision of data protection , in particular as far as certain sectors are concerned.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 50

(50) Transfers of personal data obtained by a Member State or Europol pursuant to this Regulation from the Central System to any third country or international organisation or private entity established in or outside the Union should be prohibited, in order to ensure the right to asylum and to safeguard applicants for international protection from having their data disclosed to a third country. This implies that Member States should not transfer information obtained from the Central System concerning: the name(s); date of birth; nationality; the Member State(s) of origin or Member State of allocation; the details of the identity or travel document; ; the place and date of application for international protection; the reference number used by the Member State of origin; the date on which the fingerprints were taken as well as the date on which the Member State(s) transmitted the data to Eurodac; the operator user ID; and any information relating to any transfer of the data subject under [Regulation (EU) No 604/2013]. That prohibition should be without prejudice to the right of Member States to transfer such data to third countries to which [Regulation (EU) No 604/2013] applies [ in accordance with Regulation (EU) No […/2016]respectively with the national rules adopted pursuant to Directive [2016/…/EU] ], in order to ensure that Member States have the possibility of cooperating with such third countries for the purposes of this Regulation.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 51

(51) In individual cases, information obtained from the Central System may be shared with a third-country in order to assist with the identification of a third- country national in relation to his/her return. Sharing of any personal data must be subject to strict conditions. Where such information is shared, no information shall be disclosed to a third-country relating to the fact that an application for international protection has been made by a third-country national where the country the individual is being readmitted to, is also the individual's country of origin or another third-country where they will be readmitted. Any transfer of data to a third-country for the identification of a third-country national must be in accordance with the provisions of Chapter V of Regulation (EU) No. […2016].deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 52

(52) National supervisory authorities should monitor the lawfulness of the processing of personal data by the Member States, and the supervisory authority set up by Decision 2009/371/JHA should monitor the lawfulness of data processing activities performed by Europol.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 53

(53) Regulation (EC) No 45/2001 of the European Parliament and of the Council39 , and in particular Articles 21 and 22 thereof concerning confidentiality and security of processing, applies to the processing of personal data by Union institutions, bodies, offices and agencies carried out in application of this Regulation. However, certain points should be clarified in respect of the responsibility for the processing of data and of the supervision of data protection, bearing in mind that data protection is a key factor in the successful operation of Eurodac and that data security, high technical quality and lawfulness of consultations are essential to ensure the smooth and proper functioning of Eurodac as well as to facilitate the application of [Regulation (EU) No 604/2013]. _________________ 39Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 54

(54) The data subject should be informed in particular of the purpose for which his or her data will be processed within Eurodac, including a description of the aims of Regulation (EU) […/…] , and of the use to which law enforcement authorities may put his or her data.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 55

(55) It is appropriate that national supervisory authorities monitor the lawfulness of the processing of personal data by the Member States, whilst the European Data Protection Supervisor, as referred to in Regulation (EC) No 45/2001, should monitor the activities of the Union institutions, bodies, offices and agencies in relation to the processing of personal data carried out in application of this Regulation.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 56

~~(56) The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 and delivered an opinion on […]~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 57

(57) Member States, the European Parliament, the Council and the Commission should ensure that the national and European supervisory authorities are able to supervise the use of and access to Eurodac data adequately.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 58

(58) It is appropriate to monitor and evaluate the performance of Eurodac at regular intervals, including in terms of whether law enforcement access has led to indirect discrimination against applicants for international protection, as raised in the Commission's evaluation of the compliance of this Regulation with the Charter of Fundamental Rights of the European Union ('the Charter'). eu- LISA should submit an annual report on the activities of the Central System to the European Parliament and to the Council.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 59

(59) Member States should provide for a system of effective, proportionate and dissuasive penalties to sanction the unlawful processing of data entered in the Central System contrary to the purpose of Eurodac.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 60

~~(60) It is necessary that Member States be informed of the status of particular asylum procedures, with a view to facilitating the adequate application of Regulation (EU) No 604/2013.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 61

(61) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter. In particular, this Regulation seeks to ensure full respect for the protection of personal data and for the right to seek international protection, and to promote the application of Articles 8 and 18 of the Charter. This Regulation should therefore be applied accordingly.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 62

(62) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 63

(63) [In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, those Member States have notified their wish to take part in the adoption and application of this Regulation] ORdeleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 64

(64) [In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Regulation and are not bound by it or subject to its application.] ORdeleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 65

(65) [In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, the United Kingdom is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 66

(66) In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland has notified (, by letter of ...,) its wish to take part in the adoption and application of this Regulation.] ORdeleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 67

(67) [In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has notified (, by letter of ...,) its wish to take part in the adoption and application of this Regulation.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 68

(68) In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.]deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Recital 69

~~(69) It is appropriate to restrict the territorial scope of this Regulation so as to align it on the territorial scope of Regulation (EU) No […/…] ,~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 1

1.A system known as "Eurodac" is hereby established, the purpose of which shall be to: (a)assist in determining which Member State is to be responsible pursuant to Regulation (EU) No […/…] for examining an application for international protection lodged in a Member State by a third-country national or a stateless person, and otherwise to facilitate the application of Regulation (EU) No […/…] under the conditions set out in this Regulation; (b)assist with the control of illegal immigration to and secondary movements within the Union and with the identification of illegally staying third- country nationals for determining the appropriate measures to be taken by Member States, including removal and repatriation of persons residing without authorisation. (c)lay down the conditions under which Member States' designated authorities and the European Police Office (EArticle 1 deleted Puropol) may request the comparison of fingerprint and facial image data with those stored in the Central System for law enforcement purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences . 2.Without prejudice to the processing of data intended for Eurodac by the Member State of origin in databases set up under the latter's national law, fingerprint data and other personal data may be processed in Eurodac only for the purposes set out in this Regulation and [Article 34(1) of Regulation (EU) No 604/2013].se of "Eurodac"

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 1 – paragraph 1

1. A system known as "Eurodac" is hereby established, the purpose of which shall be to: (a)assist in determining which Member State is to be responsible pursuant to Regulation (EU) No […/…] for examining an application for international protection lodged in a Member State by a third-country national or a stateless person, and otherwise to facilitate the application of Regulation (EU) No […/…] under the conditions set out in this Regulation; (b)assist with the control of illegal immigration to and secondary movements within the Union and with the identification of illegally staying third- country nationals for determining the appropriate measures to be taken by Member States, including removal and repatriation of persons residing without authorisation. (c)lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of fingerprint and facial image data with those stored in the Central System for law enforcement purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences .deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) assist in determining which Member State is to be responsible pursuant to Regulation (EU) No […/…] for examining an application for international protection lodged in a Member State by a third-country national or a stateless person, and otherwise to facilitate the application of Regulation (EU) No […/…] under the conditions set out in this Regulation;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) assist with the control of illegal immigration to and secondary movements within the Union and with the identification of illegally staying third- country nationals for determining the appropriate measures to be taken by Member States, including removal and repatriation of persons residing without authorisation.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 1 – paragraph 1 – point nouveau c

(c) lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of fingerprint and facial image data with those stored in the Central System for law enforcement purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences .deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 1 – paragraph 2

2. Without prejudice to the processing of data intended for Eurodac by the Member State of origin in databases set up under the latter's national law, fingerprint data and other personal data may be processed in Eurodac only for the purposes set out in this Regulation and [Article 34(1) of Regulation (EU) No 604/2013].deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 2

~~[...]~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 1

1. Member States are obliged to take the fingerprints and facial image of persons referred to in Article 10(1), 13(1) and 14(1) for the purposes of Article 1(1)(a) and (b) of this Regulation and shall impose on the data-subject the requirement to provide his or her fingerprints and a facial image and inform them as such in accordance with Article 30 of this Regulation.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 2

2. Taking fingerprints and facial images of minors from the age of six shall be carried out in a child-friendly and child-sensitive manner by officials trained specifically to enrol minor's fingerprints and facial images. The minor shall be informed in an age-appropriate manner using leaflets and/or infographics and/or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a responsible adult, guardian or representative at the time their fingerprints and facial image are taken. At all times Member States must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 3

3. Member States may introduce administrative sanctions, in accordance with their national law, for non- compliance with the fingerprinting process and capturing a facial image in accordance with paragraph 1 of this Article. These sanctions shall be effective, proportionate and dissuasive. In this context, detention should only be used as a means of last resort in order to determine or verify a third-country national's identity.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 4

4. Without prejudice to paragraph 3 of this Article, where enrolment of the fingerprints or facial image is not possible from third-country nationals who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face, the authorities of that Member State shall not use sanctions to coerce the taking of fingerprints or a facial image. A Member State may attempt to re-take the fingerprints or facial image of a minor or vulnerable person who refuses to comply, where the reason for non-compliance is not related to the conditions of the fingertips or facial image or the health of the individual and where it is duly justified to do so. Where a minor, in particular an unaccompanied or separated minor refuses to give their fingerprints or a facial image and there are reasonable grounds to suspect that there are child safeguarding or protection risks, the minor shall be referred to the national child protection authorities and /or national referral mechanisms.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 5

5. The procedure for taking fingerprints and a facial image 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.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3

~~[...]~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1

~~[...]~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) 'applicant for international protection' means a third-country national or a stateless person who has made an application for international protection as defined in Article 2(h) of Directive 2011/95/EU in respect of which a final decision has not yet been taken;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) 'Member State of origin' means: (i)in relation to a person covered by Article 10(1), the Member State which transmits the personal data to the Central System and receives the results of the comparison; (ii)in relation to a person covered by Article 13(1), the Member State which transmits the personal data to the Central System and receives the results of the comparison ; (iii)in relation to a person covered by Article 14(1), the Member State which transmits the personal data to the Central System and receives the results of the comparison;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point b – point i

~~(i) in relation to a person covered by Article 10(1), the Member State which transmits the personal data to the Central System and receives the results of the comparison;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point b – point ii

~~(ii) in relation to a person covered by Article 13(1), the Member State which transmits the personal data to the Central System and receives the results of the comparison ;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point b – point iii

~~(iii) in relation to a person covered by Article 14(1), the Member State which transmits the personal data to the Central System and receives the results of the comparison;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) of the Treaty and who is not a national of a State which participates in this Regulation by virtue of an agreement with the European Union;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point d

(d) 'illegal stay' means the presence on the territory of a Member State, of a third-country national who does not fulfill, or no longer fulfils the conditions of entry as set out in Article 5 of the Schengen Borders Code or other conditions for entry, stay or residence in that Member State;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point e

~~(e) 'beneficiary of international protection' means a third-country national or a stateless person who has been granted international protection as defined in Article 2(a) of Directive 2011/95/EU;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point f

(f) 'hit' means the existence of a match or matches established by the Central System by comparison between fingerprint data recorded in the computerised central database and those transmitted by a Member State with regard to a person, without prejudice to the requirement that Member States shall immediately check the results of the comparison pursuant to Article 26(4);deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point g

~~(g) 'National Access Point' means the designated national system which communicates with the Central System;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point h

~~(h) 'eu-LISA' means the European Agency for the operational management of large-scale information systems in the area of freedom, security and justice established by Regulation (EU) No 1077/2011;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point i

~~(i) 'Europol' means the European Police Office established by Decision 2009/371/JHA;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point j

~~(j) 'Eurodac data' means all data stored in the Central System in accordance with Article 12, Article 13(2) and Article 14(2) ;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point k

~~(k) 'law enforcement' means the prevention, detection or investigation of terrorist offences or of other serious criminal offences;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point l

~~(l) 'terrorist offences' means the offences under national law which correspond or are equivalent to those referred to in Articles 1 to 4 of Framework Decision 2002/475/JHA;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point m

(m) 'serious criminal offences' means the forms of crime which correspond or are equivalent to those referred to in Article 2(2) of Framework Decision 2002/584/JHA, if they are punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point n

~~(n) 'fingerprint data' means the data relating to plain and rolled impressions of the fingerprints of all ten fingers, where present , or a latent fingerprint;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 1 – point o

~~(o) facial image means digital images of the face with sufficient image resolution and quality to be used in automatic biometric matching.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 2

2. The terms defined in Article [..] of Directive [2016/…/EU[ shall have the same meaning in this Regulation in so far as personal data are processed by the authorities of the Member States for the purposes laid down in Article 1(1)(a) of this Regulation.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 3

~~3. Unless stated otherwise, the terms defined in Article [..] of Regulation (EU) No […/…] shall have the same meaning in this Regulation.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 3 – paragraph 4

4. The terms defined in Article […] of Directive [2016/…/EU] shall have the same meaning in this Regulation in so far as personal data are processed by the competent authorities of the Member States for the purposes laid down in Article 1(1)(c) of this Regulation.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 4

System architecture and basic principles 1.Eurodac shall consist of: (a)a computerised central fingerprint database ("Central System") composed of: (i)a Central Unit, (ii)a Business Continuity Plan and System; (b)a communication infrastructure between the Central System and Member States that provides a secure and encrypted communication channel for Eurodac data ("Communication Infrastructure"). 2.The EURODAC Communication Infrastructure will be using the existing 'Secure Trans European Services for Telematics between Administrations' (TESTA) network. A separate virtual private network dedicated to the EURODAC shall be established on the existing TESTA private virtual network to ensure the logical separation of EURODAC data from other data. 3.Each Member State shall have a single National Access Point. 4.Data on persons covered by Articles 10(1), 13(1) and 14(1) which are processed in the Central System shall be processed on behalf of the Member State of origin under the conditions set out in this Regulation and separated by appropriate technical means. 5.The rules governing Eurodac shall also apply to operations carried out by the Member States as from the transmission of data to the Central System until use is made of the results of the comparison.Article 4 deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 1

1. Eurodac shall consist of: (a)a computerised central fingerprint database ("Central System") composed of: (i)a Central Unit, (ii)a Business Continuity Plan and System; (b)a communication infrastructure between the Central System and Member States that provides a secure and encrypted communication channel for Eurodac data ("Communication Infrastructure").deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 1 – point a

~~(a) a computerised central fingerprint database ("Central System") composed of: (i)a Central Unit, (ii)a Business Continuity Plan and System;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 1 – point a – point i

~~(i) a Central Unit,~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 1 – point a – point ii

~~(ii) a Business Continuity Plan and System;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 1 – point b

~~(b) a communication infrastructure between the Central System and Member States that provides a secure and encrypted communication channel for Eurodac data ("Communication Infrastructure").~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 2

2. The EURODAC Communication Infrastructure will be using the existing 'Secure Trans European Services for Telematics between Administrations' (TESTA) network. A separate virtual private network dedicated to the EURODAC shall be established on the existing TESTA private virtual network to ensure the logical separation of EURODAC data from other data.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 3

~~3. Each Member State shall have a single National Access Point.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 4

4. Data on persons covered by Articles 10(1), 13(1) and 14(1) which are processed in the Central System shall be processed on behalf of the Member State of origin under the conditions set out in this Regulation and separated by appropriate technical means.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 5

5. The rules governing Eurodac shall also apply to operations carried out by the Member States as from the transmission of data to the Central System until use is made of the results of the comparison.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5

~~[...]~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1

1. eu-LISA shall be responsible for the operational management of Eurodac. The operational management of Eurodac shall consist of all the tasks necessary to keep Eurodac functioning 24 hours a day, 7 days a week in accordance with this Regulation, in particular the maintenance work and technical developments necessary to ensure that the system functions at a satisfactory level of operational quality, in particular as regards the time required for interrogation of the Central System. A Business Continuity Plan and System shall be developed taking into account maintenance needs and unforeseen downtime of the system, including the impact of business continuity measures on data protection and security. 2. eu-LISA shall ensure, in cooperation with the Member States, that at all times the best available and most secure technology and techniques, subject to a cost-benefit analysis, are used for the Central System.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

~~eu-LISA shall be responsible for the operational management of Eurodac.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

The operational management of Eurodac shall consist of all the tasks necessary to keep Eurodac functioning 24 hours a day, 7 days a week in accordance with this Regulation, in particular the maintenance work and technical developments necessary to ensure that the system functions at a satisfactory level of operational quality, in particular as regards the time required for interrogation of the Central System. A Business Continuity Plan and System shall be developed taking into account maintenance needs and unforeseen downtime of the system, including the impact of business continuity measures on data protection and security.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 3

2. eu-LISA shall ensure, in cooperation with the Member States, that at all times the best available and most secure technology and techniques, subject to a cost-benefit analysis, are used for the Central System.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 2

2. Eu-LISA shall be permitted to use real personal data of the Eurodac production system for testing purposes in the following circumstances: (a)for diagnostics and repair when faults are discovered with the Central System; and (b)for testing new technologies and techniques relevant to enhance the performance of the Central System or transmission of data to it. In such cases, the security measures, access control and logging activities at the testing environment shall be equal to the ones for the Eurodac production system. Real personal data adopted for testing shall be rendered anonymous in such a way that the data-subject is no longer identifiable.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1

Eu-LISA shall be permitted to use real personal data of the Eurodac production system for testing purposes in the following circumstances: (a)for diagnostics and repair when faults are discovered with the Central System; and (b)for testing new technologies and techniques relevant to enhance the performance of the Central System or transmission of data to it.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point a

~~(a) for diagnostics and repair when faults are discovered with the Central System; an~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point b

~~(b) for testing new technologies and techniques relevant to enhance the performance of the Central System or transmission of data to it.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2

In such cases, the security measures, access control and logging activities at the testing environment shall be equal to the ones for the Eurodac production system. Real personal data adopted for testing shall be rendered anonymous in such a way that the data-subject is no longer identifiable.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 3

3. eu-LISA shall be responsible for the following tasks relating to the Communication Infrastructure: (a)supervision; (b)security; (c)the coordination of relations between the Member States and the provider.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 3 – point a

~~(a) supervision;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 3 – point b

~~(b) security;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 3 – point c

~~(c) the coordination of relations between the Member States and the provider.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 4

4. The Commission shall be responsible for all tasks relating to the Communication Infrastructure other than those referred to in paragraph 3, in particular: (a)the implementation of the budget; (b)acquisition and renewal; (c)contractual matters.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 4 – point a

~~(a) the implementation of the budget;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 4 – point b

~~(b) acquisition and renewal;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 4 – point c

~~(c) contractual matters.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 5

5. A separate secure electronic transmission channel between the authorities of Member States known as the ‘DubliNet’ communication network set-up under [Article 18 of Regulation (EC) No. 1560/2003] for the purposes set out in Articles 32, 33 and 46 of Regulation (EU) No. […/…] shall also be operated and managed by eu-LISA.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph nouveau6

6. Without prejudice to Article 17 of the Staff Regulations, eu-LISA shall apply appropriate rules of professional secrecy or other equivalent duties of confidentiality to all its staff required to work with Eurodac data. This obligation shall also apply after such staff leave office or employment or after the termination of their duties.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 6

Member States' designated authorities for 1.For the purposes laid down in Article 1(1)(c), Member States shall designate the authorities that are authorised to request comparisons with 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 or of other serious criminal offences. Designated authorities shall not include agencies or units exclusively responsible for intelligence relating to national security. 2.Each Member State shall keep a list of the designated authorities. 3.Each Member State shall keep a list of the operating units within the designated authorities that are authorised to request comparisons with Eurodac data through the National Access Point.Article 6 deleted law enforcement purposes

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 6 – paragraph 1

1. For the purposes laid down in Article 1(1)(c), Member States shall designate the authorities that are authorised to request comparisons with 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 or of other serious criminal offences. Designated authorities shall not include agencies or units exclusively responsible for intelligence relating to national security.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 6 – paragraph 2

~~2. Each Member State shall keep a list of the designated authorities.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 6 – paragraph 3

~~3. Each Member State shall keep a list of the operating units within the designated authorities that are authorised to request comparisons with Eurodac data through the National Access Point.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 7

Member States' verifying authorities for 1. For the purposes laid down in Article 1(1)(c), each Member State shall designate a single national authority or a unit of such an authority to act as its verifying authority. The verifying authority shall be an authority of the Member State which is responsible for the prevention, detection or investigation of terrorist offences or of other serious criminal offences. The designated authority and the verifying authority may be part of the same organisation, if permitted under national law, but the verifying authority shall act independently when performing its tasks under this Regulation. The verifying authority shall be separate from the operating units referred to in Article 6(3) and shall not receive instructions from them as regards the outcome of the verification. Member States may designate more than one verifying authority to reflect their organisational and administrative structures, in accordance with their constitutional or legal requirements. 2. The verifying authority shall ensure that the conditions for requesting comparisons of fingerprints with Eurodac data are fulfilled. Only duly empowered staff of the verifying authority shall be authorised to receive and transmit a request for access to Eurodac in accordance with Article 20. Only the verifying authority shall be authorised to forward requests for comparison of fingerprints and facial images to the National Access Point.Article 7 deleted law enforcement purposes

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 1

1. For the purposes laid down in Article 1(1)(c), each Member State shall designate a single national authority or a unit of such an authority to act as its verifying authority. The verifying authority shall be an authority of the Member State which is responsible for the prevention, detection or investigation of terrorist offences or of other serious criminal offences. The designated authority and the verifying authority may be part of the same organisation, if permitted under national law, but the verifying authority shall act independently when performing its tasks under this Regulation. The verifying authority shall be separate from the operating units referred to in Article 6(3) and shall not receive instructions from them as regards the outcome of the verification. Member States may designate more than one verifying authority to reflect their organisational and administrative structures, in accordance with their constitutional or legal requirements.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1

For the purposes laid down in Article 1(1)(c), each Member State shall designate a single national authority or a unit of such an authority to act as its verifying authority. The verifying authority shall be an authority of the Member State which is responsible for the prevention, detection or investigation of terrorist offences or of other serious criminal offences.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2

The designated authority and the verifying authority may be part of the same organisation, if permitted under national law, but the verifying authority shall act independently when performing its tasks under this Regulation. The verifying authority shall be separate from the operating units referred to in Article 6(3) and shall not receive instructions from them as regards the outcome of the verification.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3

~~Member States may designate more than one verifying authority to reflect their organisational and administrative structures, in accordance with their constitutional or legal requirements.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 2

2. The verifying authority shall ensure that the conditions for requesting comparisons of fingerprints with Eurodac data are fulfilled. Only duly empowered staff of the verifying authority shall be authorised to receive and transmit a request for access to Eurodac in accordance with Article 20. Only the verifying authority shall be authorised to forward requests for comparison of fingerprints and facial images to the National Access Point.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

~~The verifying authority shall ensure that the conditions for requesting comparisons of fingerprints with Eurodac data are fulfill~~deleted.

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2

~~Only duly empowered staff of the verifying authority shall be authorised to receive and transmit a request for access to Eurodac in accordance with Article 20.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3

~~Only the verifying authority shall be authorised to forward requests for comparison of fingerprints and facial images to the National Access Point.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 8

1.For the purposes laid down in Article 1(1)(c), Europol shall designate a specialised unit with duly empowered Europol officials to act as its verifying authority, which shall act independently of the designated authority referred to in paragraph 2 of this Article when performing its tasks under this Regulation and shall not receive instructions from the designated authority as regards the outcome of the verification. The unit shall ensure that the conditions for requesting comparisons of fingerprints and facial images with Eurodac data are fulfilled. Europol shall designate in agreement with any Member State the National Access Point of that Member State which shall communicate its requests for comparison of fingerprint and facial image data to the Central System. 2.For the purposes laid down in Article 1 (1)(c), Europol shall designate an operating unit that is authorised to request comparisons with Eurodac data through its designated National Access Point. The designated authority shall be an operating unit of Europol which is competent to collect, store, process, analyse and exchange information to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling within Europol's mandate.Article 8 deleted Europol

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 8 – paragraph 1

1. For the purposes laid down in Article 1(1)(c), Europol shall designate a specialised unit with duly empowered Europol officials to act as its verifying authority, which shall act independently of the designated authority referred to in paragraph 2 of this Article when performing its tasks under this Regulation and shall not receive instructions from the designated authority as regards the outcome of the verification. The unit shall ensure that the conditions for requesting comparisons of fingerprints and facial images with Eurodac data are fulfilled. Europol shall designate in agreement with any Member State the National Access Point of that Member State which shall communicate its requests for comparison of fingerprint and facial image data to the Central System.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 8 – paragraph 2

2. For the purposes laid down in Article 1 (1)(c), Europol shall designate an operating unit that is authorised to request comparisons with Eurodac data through its designated National Access Point. The designated authority shall be an operating unit of Europol which is competent to collect, store, process, analyse and exchange information to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling within Europol's mandate.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 9

~~[...]~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 1

1. eu-LISA shall draw up statistics on the work of the Central System every month , indicating in particular: (a)the number of data sets transmitted on persons referred to in Articles 10(1), 13(1) and 14(1); (b)the number of hits for persons referred to in Article 10(1) who have subsequently lodged an application for international protection in another Member State , who were apprehended in connection with the irregular crossing of an external border and who were found illegally staying in a Member State ; (c)the number of hits for persons referred to in Article 13(1) who have subsequently lodged an application for international protection who were apprehended in connection with the irregular crossing of an external border and who were found illegally staying in a Member State ; (d)the number of hits for persons referred to in Article 14(1) who had previously lodged an application for international protection in another Member State , who were apprehended in connection with the irregular crossing of an external border and who were found illegally staying in a Member State ; (e)the number of fingerprint data which the Central System had to request more than once from the Member States of origin because the fingerprint data originally transmitted did not lend themselves to comparison using the computerised fingerprint recognition system; (f)the number of data sets marked, unmarked, blocked and unblocked in accordance with Article 19(1) and 17(2), (3) and (4) ; (g)the number of hits for persons referred to in Article 19(1) and (4) for whom hits have been recorded under points (b) , (c) and (d) of this Article; (h)the number of requests and hits referred to in Article 21(1); (i)the number of requests and hits referred to in Article 22(1); (j)the number of requests made for persons referred to in Article 31; (h)the number of hits received from the Central System as referred to in Article 26(6).deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 1 – point a

~~(a) the number of data sets transmitted on persons referred to in Articles 10(1), 13(1) and 14(1);~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 1 – point b

(b) the number of hits for persons referred to in Article 10(1) who have subsequently lodged an application for international protection in another Member State , who were apprehended in connection with the irregular crossing of an external border and who were found illegally staying in a Member State ;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 1 – point c

(c) the number of hits for persons referred to in Article 13(1) who have subsequently lodged an application for international protection who were apprehended in connection with the irregular crossing of an external border and who were found illegally staying in a Member State ;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 1 – point d

(d) the number of hits for persons referred to in Article 14(1) who had previously lodged an application for international protection in another Member State , who were apprehended in connection with the irregular crossing of an external border and who were found illegally staying in a Member State ;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 1 – point e

(e) the number of fingerprint data which the Central System had to request more than once from the Member States of origin because the fingerprint data originally transmitted did not lend themselves to comparison using the computerised fingerprint recognition system;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 1 – point f

~~(f) the number of data sets marked, unmarked, blocked and unblocked in accordance with Article 19(1) and 17(2), (3) and (4) ;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 1 – point g

~~(g) the number of hits for persons referred to in Article 19(1) and (4) for whom hits have been recorded under points (b) , (c) and (d) of this Article;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 1 – point h

~~(h) the number of requests and hits referred to in Article 21(1);~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 1 – point i

~~(i) the number of requests and hits referred to in Article 22(1);~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 1 – point j

~~(j) the number of requests made for persons referred to in Article 31;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 1 – point k

~~(h) the number of hits received from the Central System as referred to in Article 26(6).~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 2

2. The monthly statistical data for persons referred to in paragraph1(a) to (h) shall be published and made public by each month. At the end of each year, the yearly statistical data for persons referred to in paragraph 1(a) to (h) shall be published and made public by eu- LISA . The statistics shall contain a breakdown of data for each Member State.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 9 – paragraph 3

3. At the request of the Commission, eu-LISA shall provide it with statistics on specific aspects for research and analysis purposes without allowing for individual identification as well as the possibility to produce regular statistics pursuant to paragraph 1. These statistics shall be shared with other Justice and Home Affairs Agencies if they are relevant for the implementation of their tasks.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 10

Collection and transmission of fingerprints and facial image data 1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every applicant for international protection of at least six years of age and shall, as soon as possible and no later than 72 hours after the lodging of his or her application for international protection, as defined by Article [21(2)]of Regulation (EU) No , transmit them together with the data referred to in Article 12 (c) to (n) of this Regulation to the Central System. Non-compliance with the 72-hour time- limit shall not relieve Member States of the obligation to take and transmit the fingerprints to the Central System. Where the condition of the fingertips does not allow the taking of the fingerprints of a quality ensuring appropriate comparison under Article 26, the Member State of origin shall retake the fingerprints of the applicant and resend them as soon as possible and no later than 48 hours after they have been successfully retaken. 2. By way of derogation from paragraph 1, where it is not possible to take the fingerprints and facial image of an applicant for international protection on account of measures taken to ensure his or her health or the protection of public health, Member States shall take and send such fingerprints and facial image as soon as possible and no later than 48 hours after those health grounds no longer prevail. In the event of serious technical problems, Member States may extend the 72-hour time-limit in paragraph 1 by a maximum of a further 48 hours in order to carry out their national continuity plans. 3.Fingerprint data may also be taken and transmitted by members of the European Border [and Coast] Guard Teams or by Member State asylum experts when performing tasks and exercising powers in accordance with [Regulation on the European Border [and Coast] Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC] and [Regulation (EU) No. 439/2010].Article 10 deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 1

1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every applicant for international protection of at least six years of age and shall, as soon as possible and no later than 72 hours after the lodging of his or her application for international protection, as defined by Article [21(2)]of Regulation (EU) No , transmit them together with the data referred to in Article 12 (c) to (n) of this Regulation to the Central System. Non-compliance with the 72-hour time- limit shall not relieve Member States of the obligation to take and transmit the fingerprints to the Central System. Where the condition of the fingertips does not allow the taking of the fingerprints of a quality ensuring appropriate comparison under Article 26, the Member State of origin shall retake the fingerprints of the applicant and resend them as soon as possible and no later than 48 hours after they have been successfully retaken.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every applicant for international protection of at least six years of age and shall, as soon as possible and no later than 72 hours after the lodging of his or her application for international protection, as defined by Article [21(2)]of Regulation (EU) No , transmit them together with the data referred to in Article 12 (c) to (n) of this Regulation to the Central System.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2

Non-compliance with the 72-hour time- limit shall not relieve Member States of the obligation to take and transmit the fingerprints to the Central System. Where the condition of the fingertips does not allow the taking of the fingerprints of a quality ensuring appropriate comparison under Article 26, the Member State of origin shall retake the fingerprints of the applicant and resend them as soon as possible and no later than 48 hours after they have been successfully retaken.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 2

2. By way of derogation from paragraph 1, where it is not possible to take the fingerprints and facial image of an applicant for international protection on account of measures taken to ensure his or her health or the protection of public health, Member States shall take and send such fingerprints and facial image as soon as possible and no later than 48 hours after those health grounds no longer prevail. In the event of serious technical problems, Member States may extend the 72-hour time-limit in paragraph 1 by a maximum of a further 48 hours in order to carry out their national continuity plans.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1

By way of derogation from paragraph 1, where it is not possible to take the fingerprints and facial image of an applicant for international protection on account of measures taken to ensure his or her health or the protection of public health, Member States shall take and send such fingerprints and facial image as soon as possible and no later than 48 hours after those health grounds no longer prevail.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2

~~In the event of serious technical problems, Member States may extend the 72-hour time-limit in paragraph 1 by a maximum of a further 48 hours in order to carry out their national continuity plans.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 10 – paragraph 3

3. Fingerprint data may also be taken and transmitted by members of the European Border [and Coast] Guard Teams or by Member State asylum experts when performing tasks and exercising powers in accordance with [Regulation on the European Border [and Coast] Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC] and [Regulation (EU) No. 439/2010].deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 11

~~[...]~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 1

The following information shall be sent to the Central System in order to be stored in accordance with Article 17 (1) for the purpose of transmission under Articles 15 and 16 : (a)when an applicant for international protection or another person as referred to in Article 21(1) (b), (c), (d) or (e) of Regulation (EU) No […/…] arrives in the Member State responsible following a transfer pursuant to a take back notification as referred to in Article 26 thereof, the Member State responsible shall update its data set recorded in conformity with Article 12 of this Regulation relating to the person concerned by adding his or her date of arrival; (b)when an applicant for international protection arrives in the Member State responsible following a transfer pursuant to a decision acceding to a take charge request according to Article 24 of Regulation (EU) No […/…] , the Member State responsible shall send a data set recorded in conformity with Article 12 of this Regulation relating to the person concerned and shall include his or her date of arrival; (c)when an applicant for international protection arrives in the Member State of allocation pursuant to Article 34 of Regulation (EU) No. […/…] , that Member State shall send a data set recorded in conformity with Article 12 of this Regulation relating to the person concerned and shall include his or her date of arrival and record that it is the Member State of allocation.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 1 – point a

(a) when an applicant for international protection or another person as referred to in Article 21(1) (b), (c), (d) or (e) of Regulation (EU) No […/…] arrives in the Member State responsible following a transfer pursuant to a take back notification as referred to in Article 26 thereof, the Member State responsible shall update its data set recorded in conformity with Article 12 of this Regulation relating to the person concerned by adding his or her date of arrival;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 1 – point b

(b) when an applicant for international protection arrives in the Member State responsible following a transfer pursuant to a decision acceding to a take charge request according to Article 24 of Regulation (EU) No […/…] , the Member State responsible shall send a data set recorded in conformity with Article 12 of this Regulation relating to the person concerned and shall include his or her date of arrival;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph 1 – point c

(c) when an applicant for international protection arrives in the Member State of allocation pursuant to Article 34 of Regulation (EU) No. […/…] , that Member State shall send a data set recorded in conformity with Article 12 of this Regulation relating to the person concerned and shall include his or her date of arrival and record that it is the Member State of allocation.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph d

(d) as soon as the Member State of origin ensures that the person concerned whose data was recorded in Eurodac in accordance with Article 12 of this Regulation has left the territory of the Member States in compliance with a return decision or removal order issued following the withdrawal or rejection of the application for international protection , it shall update its data set recorded in conformity with Article 12 of this Regulation relating to the person concerned by adding the date of his or her removal or when he or she left the territory;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 11 – paragraph e

(e) the Member State which becomes responsible in accordance with Article 19(1) of Regulation (EU) No […/…] shall update its data set recorded in conformity with Article 12 of this Regulation relating to the applicant for international protection by adding the date when the decision to examine the application was taken.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12

Only the following data shall be recorded in the Central System: (a)fingerprint data; (b)a facial image; (c)surname(s) and forename(s), name(s) at birth and previously used names and any aliases, which may be entered separately; (d)nationality(ies); (e)place and date of birth; (f)Member State of origin, place and date of the application for international protection; in the cases referred to in Article 11(b), the date of application shall be the one entered by the Member State who transferred the applicant; (g)sex; (h)type and number of identity or travel document; three letter code of the issuing country and validity; (i)reference number used by the Member State of origin; (j)unique application number of the application for international protection pursuant to Article 22(2) of Regulation (EU) No. […/…]; (k)the Member State of allocation in accordance with Article 11(c); (l)date on which the fingerprints and/or facial image were taken; (m)date on which the data were transmitted to the Central System; (n)operator user ID; (o)where applicable in accordance with Article 11(a) , the date of the arrival of the person concerned after a successful transfer; (p)where applicable in accordance with Article 11(b), the date of the arrival of the person concerned after a successful transfer; (q)where applicable in accordance with Article 11(c), the date of the arrival of the person concerned after a successful transfer; THIS PARAGRAPH IS MISSING. THANK YOU FOR USING ANOTHER LANGUAGE. (r)where applicable in accordance with Article 11(d), the date when the person concerned left or was removed from the territory of the Member States; (s)where applicable in accordance with Article 11(e), the date when the decision to examine the application was taken.Article 12 deleted Recording of data

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1

Only the following data shall be recorded in the Central System: (a)fingerprint data; (b)a facial image; (c)surname(s) and forename(s), name(s) at birth and previously used names and any aliases, which may be entered separately; (d)nationality(ies); (e)place and date of birth; (f)Member State of origin, place and date of the application for international protection; in the cases referred to in Article 11(b), the date of application shall be the one entered by the Member State who transferred the applicant; (g)sex; (h)type and number of identity or travel document; three letter code of the issuing country and validity; (i)reference number used by the Member State of origin; (j)unique application number of the application for international protection pursuant to Article 22(2) of Regulation (EU) No. […/…]; (k)the Member State of allocation in accordance with Article 11(c); (l)date on which the fingerprints and/or facial image were taken; (m)date on which the data were transmitted to the Central System; (n)operator user ID; (o)where applicable in accordance with Article 11(a) , the date of the arrival of the person concerned after a successful transfer; (p)where applicable in accordance with Article 11(b), the date of the arrival of the person concerned after a successful transfer; (q)where applicable in accordance with Article 11(c), the date of the arrival of the person concerned after a successful transfer;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1 – point a

~~(a) fingerprint data;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1 – point b

~~(b) a facial image;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1 – point c

~~(c) surname(s) and forename(s), name(s) at birth and previously used names and any aliases, which may be entered separately;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1 – point d

~~(d) nationality(ies);~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1 – point e

~~(e) place and date of birth;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1 – point f

(f) Member State of origin, place and date of the application for international protection; in the cases referred to in Article 11(b), the date of application shall be the one entered by the Member State who transferred the applicant;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1 – point g

~~(g) sex;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1 – point h

~~(h) type and number of identity or travel document; three letter code of the issuing country and validity;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1 – point i

~~(i) reference number used by the Member State of origin;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1 – point j

~~(j) unique application number of the application for international protection pursuant to Article 22(2) of Regulation (EU) No. […/…];~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1 – point k

~~(k) the Member State of allocation in accordance with Article 11(c);~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1 – point l

~~(l) date on which the fingerprints and/or facial image were taken;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1 – point m

~~(m) date on which the data were transmitted to the Central System;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1 – point n

~~(n) operator user ID;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1 – point o

~~(o) where applicable in accordance with Article 11(a) , the date of the arrival of the person concerned after a successful transfer;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1 – point p

~~(p) where applicable in accordance with Article 11(b), the date of the arrival of the person concerned after a successful transfer;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph 1 – point q

~~(q) where applicable in accordance with Article 11(c), the date of the arrival of the person concerned after a successful transfer;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph r

~~(r) where applicable in accordance with Article 11(d), the date when the person concerned left or was removed from the territory of the Member States;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 12 – paragraph s

~~(s) where applicable in accordance with Article 11(e), the date when the decision to examine the application was taken.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13

~~[...]~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 1

1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every third- country national or stateless person of at least six years of age who is apprehended by the competent control authorities in connection with the irregular crossing by land, sea or air of the border of that Member State having come from a third country and who is not turned back or who remains physically on the territory of the Member States and who is not kept in custody, confinement or detention during the entirety of the period between apprehension and removal on the basis of the decision to turn him or her back.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 2

2. The Member State concerned shall, as soon as possible and no later than 72 hours after the date of apprehension, transmit to the Central System the following data in relation to any third-country national or stateless person, as referred to in paragraph 1, who is not turned back: (a)fingerprint data; (b)a facial image; (c)surname(s) and forename(s), name(s) at birth and previously used names and any aliases, which may be entered separately; (d)nationality(ies); (e)place and date of birth (f)Member State of origin, place and date of the apprehension; (g)sex; (h)type and number of identity or travel document; three letter code of the issuing country and validity; (i)reference number used by the Member State of origin; (j)date on which the fingerprints and/or facial image were taken; (k)date on which the data were transmitted to the Central System; (l)operator user ID; (m)where applicable in accordance with paragraph 6, the date when the person concerned left or was removed from the territory of the Member States.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 2 – point a

~~(a) fingerprint data;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 2 – point b

~~(b) a facial image;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 2 – point c

~~(c) surname(s) and forename(s), name(s) at birth and previously used names and any aliases, which may be entered separately;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 2 – point d

~~(d) nationality(ies);~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 2 – point e

~~(e) place and date of birth~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 2 – point f

~~(f) Member State of origin, place and date of the apprehension;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 2 – point g

~~(g) sex;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 2 – point h

~~(h) type and number of identity or travel document; three letter code of the issuing country and validity;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 2 – point i

~~(i) reference number used by the Member State of origin;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 2 – point j

~~(j) date on which the fingerprints and/or facial image were taken;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 2 – point k

~~(k) date on which the data were transmitted to the Central System;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 2 – point l

~~(l) operator user ID;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 2 – point m

~~(m) where applicable in accordance with paragraph 6, the date when the person concerned left or was removed from the territory of the Member States.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 3

3. By way of derogation from paragraph 2, the data specified in paragraph 2 relating to persons apprehended as described in paragraph 1 who remain physically on the territory of the Member States but are kept in custody, confinement or detention upon their apprehension for a period exceeding 72 hours shall be transmitted before their release from custody, confinement or detention.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 4

4. Non-compliance with the 72-hour time-limit referred to in paragraph 2 of this Article shall not relieve Member States of the obligation to take and transmit the fingerprints to the Central System. Where the condition of the fingertips does not allow the taking of fingerprints of a quality ensuring appropriate comparison under Article 26, the Member State of origin shall retake the fingerprints of persons apprehended as described in paragraph 1 of this Article, and resend them as soon as possible and no later than 48 hours after they have been successfully retaken.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 5

5. By way of derogation from paragraph 1, where it is not possible to take the fingerprints and facial image of the apprehended person on account of measures taken to ensure his or her health or the protection of public health, the Member State concerned shall take and send such fingerprints and facial image as soon as possible and no later than 48 hours after those health grounds no longer prevail. In the event of serious technical problems, Member States may extend the 72-hour time-limit in paragraph 2 by a maximum of a further 48 hours in order to carry out their national continuity plans.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 5 – subparagraph 1

By way of derogation from paragraph 1, where it is not possible to take the fingerprints and facial image of the apprehended person on account of measures taken to ensure his or her health or the protection of public health, the Member State concerned shall take and send such fingerprints and facial image as soon as possible and no later than 48 hours after those health grounds no longer prevail.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 5 – subparagraph 2

~~In the event of serious technical problems, Member States may extend the 72-hour time-limit in paragraph 2 by a maximum of a further 48 hours in order to carry out their national continuity plans.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 6

6. As soon as the Member State of origin ensures that the person concerned whose data was recorded in Eurodac in accordance with paragraph (1) has left the territory of the Member States in compliance with a return decision or removal order, it shall update its data set recorded in conformity with paragraph (2) relating to the person concerned by adding the date of his or her removal or when he or she left the territory.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 13 – paragraph 7

7. Fingerprint data may also be taken and transmitted by members of the European Border [and Coast] Guard Teams when performing tasks and exercising powers in accordance with [Regulation on the European Border [and Coast] Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC].deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14

~~[...]~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph nouveau1

1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every third- country national or stateless person of at least six years of age who is found illegally staying within its territory.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 2

2. The Member State concerned shall, as soon as possible and no later than 72-hours after the date of apprehension, transmit to the Central System the following data in relation to any third-country national or stateless person, as referred to in paragraph 1: (a)fingerprint data; (b)a facial image; (c)surname(s) and forename(s), name(s) at birth and previously used names and any aliases, which may be entered separately; (d)nationality(ies); (e)place and date of birth (f)Member State of origin, place and date of the apprehension; (g)sex; (h)type and number of identity or travel document; three letter code of the issuing country and validity; (i)reference number used by the Member State of origin; (j)date on which the fingerprints and/or facial image were taken; (k)date on which the data were transmitted to the Central System; (l)operator user ID; (m)where applicable in accordance with paragraph 6, the date when the person concerned left or was removed from the territory of the Member Statesdeleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 2 – point a

~~(a) fingerprint data;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 2 – point b

~~(b) a facial image;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 2 – point c

~~(c) surname(s) and forename(s), name(s) at birth and previously used names and any aliases, which may be entered separately;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 2 – point d

~~(d) nationality(ies);~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 2 – point e

~~(e) place and date of birth~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 2 – point f

~~(f) Member State of origin, place and date of the apprehension;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 2 – point g

~~(g) sex;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 2 – point h

~~(h) type and number of identity or travel document; three letter code of the issuing country and validity;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 2 – point i

~~(i) reference number used by the Member State of origin;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 2 – point j

~~(j) date on which the fingerprints and/or facial image were taken;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 2 – point k

~~(k) date on which the data were transmitted to the Central System;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 2 – point l

~~(l) operator user ID;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 2 – point m

~~(m) where applicable in accordance with paragraph 6, the date when the person concerned left or was removed from the territory of the Member States~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 3

3. The fingerprint data of a third- country national or a stateless person as referred to in paragraph 1 shall be transmitted to the Central System and compared with the fingerprint data of persons fingerprinted for the purposes of Article 10(1), 13(1) and 14(1) transmitted by other Member States and already recorded in the Central System.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 4

4. Non-compliance with the 72-hour time-limit referred to in paragraph 3 of this Article shall not relieve Member States of the obligation to take and transmit the fingerprints to the Central System. Where the condition of the fingertips does not allow the taking of fingerprints of a quality ensuring appropriate comparison under Article 26, the Member State of origin shall retake the fingerprints of persons apprehended as described in paragraph 1 of this Article, and resend them as soon as possible and no later than 48 hours after they have been successfully retaken.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 5

5. By way of derogation from paragraph 1, where it is not possible to take the fingerprints and facial image of the apprehended person on account of measures taken to ensure his or her health or the protection of public health, the Member State concerned shall take and send such fingerprints and facial image as soon as possible and no later than 48 hours after those health grounds no longer prevail. In the event of serious technical problems, Member States may extend the 72-hour time-limit in paragraph 2 by a maximum of a further 48 hours in order to carry out their national continuity plans.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1

By way of derogation from paragraph 1, where it is not possible to take the fingerprints and facial image of the apprehended person on account of measures taken to ensure his or her health or the protection of public health, the Member State concerned shall take and send such fingerprints and facial image as soon as possible and no later than 48 hours after those health grounds no longer prevail.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 2

~~In the event of serious technical problems, Member States may extend the 72-hour time-limit in paragraph 2 by a maximum of a further 48 hours in order to carry out their national continuity plans.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 6

6. As soon as the Member State of origin ensures that the person concerned whose data was recorded in Eurodac in accordance with Article 13(1) of this Regulation has left the territory of the Member States in compliance with a return decision or removal order, it shall update its data set recorded in conformity with paragraph 2 of this Article relating to the person concerned by adding the date of his or her removal or when he or she left the territory. THIS PARAGRAPH IS MISSING. THANK YOU FOR USING ANOTHER LANGUAGE.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 6 – subparagraph 1

As soon as the Member State of origin ensures that the person concerned whose data was recorded in Eurodac in accordance with Article 13(1) of this Regulation has left the territory of the Member States in compliance with a return decision or removal order, it shall update its data set recorded in conformity with paragraph 2 of this Article relating to the person concerned by adding the date of his or her removal or when he or she left the territory.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 14 – paragraph 6 – subparagraph 2

~~THIS PARAGRAPH IS MISSING. THANK YOU FOR USING ANOTHER LANGUAGE.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 15

Comparison of fingerprint and facial 1.Fingerprint and facial image data transmitted by any Member State, with the exception of those transmitted in accordance with Article 11(b) and (c) , shall be compared automatically with the fingerprint data transmitted by other Member States and already stored in the Central System in accordance with Article 10(1), 13(1) and 14(1) . 2.The Central System shall ensure, at the request of a Member State, that the comparison referred to in paragraph 1 of this Article covers the fingerprint and facial image data previously transmitted by that Member State, in addition to the fingerprint and facial image data from other Member States. 3.The Central System shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 26(4) . Where there is a hit, it shall transmit for all data sets corresponding to the hit the data referred to in Article 12, 13(2) and 14(2) along with, where appropriate, the mark referred to in Article 19(1) and (4) . Where a negative hit result is received, the data referred to in Article 12, 13(2) and 14(2) shall not be transmitted. 4.Where evidence of a hit is received by a Member State from Eurodac that can assist that Member State to carry out its obligations under Article 1(1)(a), that evidence shall take precedence over any other hit received.Article 15 deleted image data

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 15 – paragraph 1

1. Fingerprint and facial image data transmitted by any Member State, with the exception of those transmitted in accordance with Article 11(b) and (c) , shall be compared automatically with the fingerprint data transmitted by other Member States and already stored in the Central System in accordance with Article 10(1), 13(1) and 14(1) .deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 15 – paragraph 2

2. The Central System shall ensure, at the request of a Member State, that the comparison referred to in paragraph 1 of this Article covers the fingerprint and facial image data previously transmitted by that Member State, in addition to the fingerprint and facial image data from other Member States.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 15 – paragraph 3

3. The Central System shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 26(4) . Where there is a hit, it shall transmit for all data sets corresponding to the hit the data referred to in Article 12, 13(2) and 14(2) along with, where appropriate, the mark referred to in Article 19(1) and (4) . Where a negative hit result is received, the data referred to in Article 12, 13(2) and 14(2) shall not be transmitted.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 15 – paragraph 4

4. Where evidence of a hit is received by a Member State from Eurodac that can assist that Member State to carry out its obligations under Article 1(1)(a), that evidence shall take precedence over any other hit received.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 16

(1)Where the condition of the fingertips does not allow for the taking of fingerprints of a quality ensuring appropriate comparison under Article 26 or where a person referred to in Article 10(1), 13(1) and 14(1) refuses to comply with the fingerprinting process, a Member State may carry out a comparison of facial image data as a last resort. (2)Facial image data and data relating to the sex of the data-subject may be compared automatically with the facial image data and personal data relating to the sex of the data-subject transmitted by other Member States and already stored in the Central System in accordance with Article 10(1), 13(1) and 14(1) with the exception of those transmitted in accordance with Article 11(b) and (c). (3)The Central System shall ensure, at the request of a Member State that the comparison referred to in paragraph 1 of this Article covers the facial image data previously transmitted by that Member State, in addition to the facial image data from other Member States. (4)The Central System shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 26(4). Where there is a hit, it shall transmit for all data sets corresponding to the hit the data referred to in Article 12, 13(2) and 14(2) along with, where appropriate, the mark referred to in Article 17(1) and (4). Where a negative hit result is received, the data referred to in Article 12, 13(2) and 14(2) shall not be transmitted. (5)Where evidence of a hit is received by a Member State from Eurodac that can assist that Member State to carry out its obligations under Article 1(1)(a), that evidence shall take precedence over any other hit received.Article 16 deleted Comparison of facial image data

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 2

(1) Where the condition of the fingertips does not allow for the taking of fingerprints of a quality ensuring appropriate comparison under Article 26 or where a person referred to in Article 10(1), 13(1) and 14(1) refuses to comply with the fingerprinting process, a Member State may carry out a comparison of facial image data as a last resort.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 3

(2) Facial image data and data relating to the sex of the data-subject may be compared automatically with the facial image data and personal data relating to the sex of the data-subject transmitted by other Member States and already stored in the Central System in accordance with Article 10(1), 13(1) and 14(1) with the exception of those transmitted in accordance with Article 11(b) and (c).deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 4

(3) The Central System shall ensure, at the request of a Member State that the comparison referred to in paragraph 1 of this Article covers the facial image data previously transmitted by that Member State, in addition to the facial image data from other Member States.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 5

(4) The Central System shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 26(4). Where there is a hit, it shall transmit for all data sets corresponding to the hit the data referred to in Article 12, 13(2) and 14(2) along with, where appropriate, the mark referred to in Article 17(1) and (4). Where a negative hit result is received, the data referred to in Article 12, 13(2) and 14(2) shall not be transmitted.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 16 – paragraph 6

(5) Where evidence of a hit is received by a Member State from Eurodac that can assist that Member State to carry out its obligations under Article 1(1)(a), that evidence shall take precedence over any other hit received.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 17

1.For the purposes laid down in Article 10(1), each set of data relating to an applicant for international protection , as referred to in Article 12, shall be stored in the Central System for ten years from the date on which the fingerprints were taken. 2.For the purposes laid down in Article 13(1), each set of data relating to a third- country national or stateless person as referred to in Article 13(2) shall be stored in the Central System for five years from the date on which his or her fingerprints were taken. 3.For the purposes laid down in Article 14(1), each set of data relating to a third- country national or stateless person as referred to in Article 14(2) shall be stored in the Central System for five years from the date on which his or her fingerprints were taken. 4.Upon expiry of the data storage periods referred to in paragraphs 1 to 3 of this Article , the Central System shall automatically erase the data of the data- subjects from the Central System.Article 17 deleted Data storage

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 17 – paragraph 1

1. For the purposes laid down in Article 10(1), each set of data relating to an applicant for international protection , as referred to in Article 12, shall be stored in the Central System for ten years from the date on which the fingerprints were taken.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 17 – paragraph 2

2. For the purposes laid down in Article 13(1), each set of data relating to a third-country national or stateless person as referred to in Article 13(2) shall be stored in the Central System for five years from the date on which his or her fingerprints were taken.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 17 – paragraph 3

3. For the purposes laid down in Article 14(1), each set of data relating to a third-country national or stateless person as referred to in Article 14(2) shall be stored in the Central System for five years from the date on which his or her fingerprints were taken.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 17 – paragraph nouveau4

~~4. Upon expiry of the data storage periods referred to in paragraphs 1 to 3 of this Article , the Central System shall automatically erase the data of the data- subjects from the Central System.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 18

1.Data relating to a person who has acquired citizenship of any Member State before expiry of the period referred to in Article 17(1) , (2) or (3) shall be erased from the Central System in accordance with Article 28(4) as soon as the Member State of origin becomes aware that the person concerned has acquired such citizenship. 2.The Central System shall, as soon as possible and no later than after 72 hours, inform all Member States of origin of the erasure of data in accordance with paragraph 1 by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 10(1), 13(1) or 14(1) .Article 18 deleted Advanced data erasure

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 18 – paragraph 1

1. Data relating to a person who has acquired citizenship of any Member State before expiry of the period referred to in Article 17(1) , (2) or (3) shall be erased from the Central System in accordance with Article 28(4) as soon as the Member State of origin becomes aware that the person concerned has acquired such citizenship.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 18 – paragraph 2

2. The Central System shall, as soon as possible and no later than after 72 hours, inform all Member States of origin of the erasure of data in accordance with paragraph 1 by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 10(1), 13(1) or 14(1) .deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 19

~~[...]~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 19 – paragraph 1

1. For the purposes laid down in Article 1(1)(a), the Member State of origin which granted international protection to an applicant for international protection whose data were previously recorded in the Central System pursuant to Article 12 shall mark the relevant data in conformity with the requirements for electronic communication with the Central System established by eu-LISA . That mark shall be stored in the Central System in accordance with Article 17(1) for the purpose of transmission under Article 15 . The Central System shall , as soon as possible and no later than 72 hours, inform all Member States of origin of the marking of data by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 10(1), 13(1) or 14(1) . Those Member States of origin shall also mark the corresponding data sets.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 19 – paragraph 2

2. The data of beneficiaries of international protection stored in the Central System and marked pursuant to paragraph 1 of this Article shall be made available for comparison for the purposes laid down in Article 1(1)(c) for a period of three years after the date on which the data subject was granted international protection. Where there is a hit, the Central System shall transmit the data referred to in Article 12 (b) to (s) for all the data sets corresponding to the hit. The Central System shall not transmit the mark referred to in paragraph 1 of this Article. Upon the expiry of the period of three years, the Central System shall automatically block such data from being transmitted in the event of a request for comparison for the purposes laid down in Article 1 (1)(c), whilst leaving those data available for comparison for the purposes laid down in Article 1(1)(a) until the point of their erasure. Blocked data shall not be transmitted, and the Central System shall return a negative result to the requesting Member State in the event of a hit.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1

The data of beneficiaries of international protection stored in the Central System and marked pursuant to paragraph 1 of this Article shall be made available for comparison for the purposes laid down in Article 1(1)(c) for a period of three years after the date on which the data subject was granted international protection.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 2

Where there is a hit, the Central System shall transmit the data referred to in Article 12 (b) to (s) for all the data sets corresponding to the hit. The Central System shall not transmit the mark referred to in paragraph 1 of this Article. Upon the expiry of the period of three years, the Central System shall automatically block such data from being transmitted in the event of a request for comparison for the purposes laid down in Article 1 (1)(c), whilst leaving those data available for comparison for the purposes laid down in Article 1(1)(a) until the point of their erasure. Blocked data shall not be transmitted, and the Central System shall return a negative result to the requesting Member State in the event of a hit.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 19 – paragraph 3

3. The Member State of origin shall unmark or unblock data concerning a third-country national or stateless person whose data were previously marked or blocked in accordance with paragraphs 1 or 2 of this Article if his or her status is revoked or ended or the renewal of his or her status is refused under [Articles 14 or 19 of Directive 2011/95/EU].deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 19 – paragraph 4

4. For the purposes laid down in Article 1(1)(b), the Member State of origin which granted a residence document to an illegally staying third-country national or stateless person whose data were previously recorded in the Central System pursuant to Article 13(2) and 14(2) shall mark the relevant data in conformity with the requirements for electronic communication with the Central System established by eu-LISA. That mark shall be stored in the Central System in accordance with Article 17(2) and (3) for the purpose of transmission under Article 15 and 16. The Central System shall, as soon as possible and no later than 72- hours, inform all Member States of origin of the marking of data by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Articles 13(1) or 14(1). Those Member States of origin shall also mark the corresponding data sets.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 19 – paragraph 5

5. The data of illegally staying third- country nationals or stateless persons stored in the Central System and marked pursuant to paragraph 4 of this Article shall be made available for comparison for the purposes laid down in Article 1(1)(c) until such data is automatically erased from the Central System in accordance with Article 17(4).deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 20

~~[...]~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 20 – paragraph 1

1. For the purposes laid down in Article 1(1)(c), the designated authorities referred to in Articles 6(1) and 8(2) may submit a reasoned electronic request as provided for in Article 21(1) together with the reference number used by them, to the verifying authority for the transmission for comparison of fingerprint and facial image data to the Central System via the National Access Point. Upon receipt of such a request, the verifying authority shall verify whether all the conditions for requesting a comparison referred to in Articles 21 or 22, as appropriate, are fulfilled.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 20 – paragraph 2

2. Where all the conditions for requesting a comparison referred to in Articles 21 or 22 are fulfilled, the verifying authority shall transmit the request for comparison to the National Access Point which will process it to the Central System in accordance with Articles 15 and 16 for the purpose of comparison with the fingerprint and facial image data transmitted to the Central System pursuant to Articles 10(1), 13 (1) and 14(1) .deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 20 – paragraph 3

3. A comparison of a facial image with other facial image data in the Central System pursuant to Article 1(1)(c) may be carried out in accordance with Article 16(1), if such data is available at the time the reasoned electronic request is made pursuant to Article 21(1).deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 20 – paragraph nouveau4

4. In exceptional cases of urgency where there is a need to prevent an imminent danger associated with a terrorist offence or other serious criminal offence, 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 for requesting a comparison referred to in Article 21 or Article 22 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.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 20 – paragraph 5

5. Where an ex-post verification determines that the access to Eurodac data was not justified, all the authorities that have accessed such data shall erase the information communicated from Eurodac and shall inform the verifying authority of such erasure.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 21

1.For the purposes laid down in Article 1(1)(c), designated authorities may submit a reasoned electronic request for the comparison of fingerprint data with the data stored in the Central System within the scope of their powers only if comparisons with the following databases did not lead to the establishment of the identity of the data subject: -national fingerprint databases; -the automated fingerprinting identification systems of all other Member States under Decision 2008/615/JHA where comparisons are technically available, unless there are reasonable grounds to believe that a comparison with such systems would not lead to the establishment of the identity of the data subject. Such reasonable grounds shall be included in the reasoned electronic request for comparison with Eurodac data sent by the designated authority to the verifying authority; and - the Visa Information System provided that the conditions for such a comparison laid down in Decision 2008/633/JHA are met; and where the following cumulative conditions are met: (a)the comparison is necessary for the purpose of the prevention, detection or investigation of terrorist offences or of other serious criminal offences, which means that there is an overriding public security concern which makes the searching of the database proportionate; (b)the comparison is necessary in a specific case (i.e. systematic comparisons shall not be carried out); and (c)there are reasonable grounds to consider that the comparison will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question. Such reasonable grounds exist in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls in a category covered by this Regulation. 2.Requests for comparison with Eurodac data shall be limited to searching with fingerprint or facial image data.Article 21 deleted Conditions for access to Eurodac by designated authorities

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 21 – paragraph 1

1. For the purposes laid down in Article 1(1)(c), designated authorities may submit a reasoned electronic request for the comparison of fingerprint data with the data stored in the Central System within the scope of their powers only if comparisons with the following databases did not lead to the establishment of the identity of the data subject: -national fingerprint databases; -the automated fingerprinting identification systems of all other Member States under Decision 2008/615/JHA where comparisons are technically available, unless there are reasonable grounds to believe that a comparison with such systems would not lead to the establishment of the identity of the data subject. Such reasonable grounds shall be included in the reasoned electronic request for comparison with Eurodac data sent by the designated authority to the verifying authority; and - the Visa Information System provided that the conditions for such a comparison laid down in Decision 2008/633/JHA are met; and where the following cumulative conditions are met: (a)the comparison is necessary for the purpose of the prevention, detection or investigation of terrorist offences or of other serious criminal offences, which means that there is an overriding public security concern which makes the searching of the database proportionate; (b)the comparison is necessary in a specific case (i.e. systematic comparisons shall not be carried out); and (c)there are reasonable grounds to consider that the comparison will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question. Such reasonable grounds exist in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls in a category covered by this Regulation.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 21 – paragraph 1 – indent 1

~~- national fingerprint databases;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 21 – paragraph 1 – indent 2

- the automated fingerprinting identification systems of all other Member States under Decision 2008/615/JHA where comparisons are technically available, unless there are reasonable grounds to believe that a comparison with such systems would not lead to the establishment of the identity of the data subject. Such reasonable grounds shall be included in the reasoned electronic request for comparison with Eurodac data sent by the designated authority to the verifying authority; andeleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 21 – paragraph 1 – indent 3

- the Visa Information System provided that the conditions for such a comparison laid down in Decision 2008/633/JHA are met; and where the following cumulative conditions are met: (a)the comparison is necessary for the purpose of the prevention, detection or investigation of terrorist offences or of other serious criminal offences, which means that there is an overriding public security concern which makes the searching of the database proportionate; (b)the comparison is necessary in a specific case (i.e. systematic comparisons shall not be carried out); and (c)there are reasonable grounds to consider that the comparison will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question. Such reasonable grounds exist in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls in a category covered by this Regulation.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 21 – paragraph 1 – indent 3 – paragraph 1

~~the Visa Information System provided that the conditions for such a comparison laid down in Decision 2008/633/JHA are met;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 21 – paragraph 1 – indent 3 – paragraph 2

and where the following cumulative conditions are met: (a)the comparison is necessary for the purpose of the prevention, detection or investigation of terrorist offences or of other serious criminal offences, which means that there is an overriding public security concern which makes the searching of the database proportionate; (b)the comparison is necessary in a specific case (i.e. systematic comparisons shall not be carried out); and (c)there are reasonable grounds to consider that the comparison will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question. Such reasonable grounds exist in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls in a category covered by this Regulation.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 21 – paragraph 1 – indent 3 – paragraph 2 – point a

(a) the comparison is necessary for the purpose of the prevention, detection or investigation of terrorist offences or of other serious criminal offences, which means that there is an overriding public security concern which makes the searching of the database proportionate;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 21 – paragraph 1 – indent 3 – paragraph 2 – point b

~~(b) the comparison is necessary in a specific case (i.e. systematic comparisons shall not be carried out); an~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 21 – paragraph 1 – indent 3 – paragraph 2 – point c

(c) there are reasonable grounds to consider that the comparison will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question. Such reasonable grounds exist in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls in a category covered by this Regulation.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 21 – paragraph 2

~~2. Requests for comparison with Eurodac data shall be limited to searching with fingerprint or facial image data.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 22

Conditions for access to Eurodac by 1.For the purposes laid down in Article 1(1)(c), Europol's designated authority may submit a reasoned electronic request for the comparison of fingerprint data with the data stored in the Central System within the limits of Europol's mandate and where necessary for the performance of Europol's tasks only if comparisons with fingerprint data stored in any information processing systems that are technically and legally accessible by Europol did not lead to the establishment of the identity of the data subject and where the following cumulative conditions are met: (a)the comparison is necessary to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling under Europol's mandate, which means that there is an overriding public security concern which makes the searching of the database proportionate; (b)the comparison is necessary in a specific case (i.e. systematic comparisons shall not be carried out); and (c)there are reasonable grounds to consider that the comparison will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question. Such reasonable grounds exist in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls in a category covered by this Regulation. 2.Requests for comparison with Eurodac data shall be limited to comparisons of fingerprint and facial image data. 3.Processing of information obtained by Europol from comparison with Eurodac data shall be subject to the authorisation of the Member State of origin. Such authorisation shall be obtained via the Europol national unit of that Member State.Article 22 deleted Europol

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 22 – paragraph 1

1. For the purposes laid down in Article 1(1)(c), Europol's designated authority may submit a reasoned electronic request for the comparison of fingerprint data with the data stored in the Central System within the limits of Europol's mandate and where necessary for the performance of Europol's tasks only if comparisons with fingerprint data stored in any information processing systems that are technically and legally accessible by Europol did not lead to the establishment of the identity of the data subject and where the following cumulative conditions are met: (a)the comparison is necessary to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling under Europol's mandate, which means that there is an overriding public security concern which makes the searching of the database proportionate; (b)the comparison is necessary in a specific case (i.e. systematic comparisons shall not be carried out); and (c)there are reasonable grounds to consider that the comparison will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question. Such reasonable grounds exist in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls in a category covered by this Regulation.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 22 – paragraph 1 – point a

(a) the comparison is necessary to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling under Europol's mandate, which means that there is an overriding public security concern which makes the searching of the database proportionate;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 22 – paragraph 1 – point b

~~(b) the comparison is necessary in a specific case (i.e. systematic comparisons shall not be carried out); an~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 22 – paragraph 1 – point c

(c) there are reasonable grounds to consider that the comparison will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question. Such reasonable grounds exist in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls in a category covered by this Regulation.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 22 – paragraph 2

~~2. Requests for comparison with Eurodac data shall be limited to comparisons of fingerprint and facial image data.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 22 – paragraph 3

3. Processing of information obtained by Europol from comparison with Eurodac data shall be subject to the authorisation of the Member State of origin. Such authorisation shall be obtained via the Europol national unit of that Member State.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 23

Communication between the designated authorities, the verifying authorities and the National Access Points 1.Without prejudice to Article 27, all communication between the designated authorities, the verifying authorities and the National Access Points shall be secure and take place electronically. 2.For the purposes laid down in Article 1(1)(c), fingerprints shall be digitally processed by the Member States and transmitted in the data format as set out in the agreed Interface Control Document , in order to ensure that the comparison can be carried out by means of the computerised fingerprint recognition system.Article 23 deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 23 – paragraph 1

~~1. Without prejudice to Article 27, all communication between the designated authorities, the verifying authorities and the National Access Points shall be secure and take place electronically.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 23 – paragraph 2

2. For the purposes laid down in Article 1(1)(c), fingerprints shall be digitally processed by the Member States and transmitted in the data format as set out in the agreed Interface Control Document , in order to ensure that the comparison can be carried out by means of the computerised fingerprint recognition system.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 24

1.The Member State of origin shall be responsible for ensuring that: (a)fingerprints and facial images are taken lawfully; (b)fingerprint data and the other data referred to in Article 12, Article 13(2) and Article 14(2) are lawfully transmitted to the Central System; (c)data are accurate and up-to-date when they are transmitted to the Central System; (d)without prejudice to the responsibilities of eu-LISA , data in the Central System are lawfully recorded, stored, corrected and erased; (e)the results of fingerprint and facial image data comparisons transmitted by the Central System are lawfully processed. 2.In accordance with Article 36, the Member State of origin shall ensure the security of the data referred to in paragraph 1 before and during transmission to the Central System as well as the security of the data it receives from the Central System. 3.The Member State of origin shall be responsible for the final identification of the data pursuant to Article 26(4). 4.eu-LISA shall ensure that the Central System is operated in accordance with the provisions of this Regulation. In particular, eu-LISA shall: (a)adopt measures ensuring that persons working with the Central System process the data recorded therein only in accordance with the purposes of Eurodac as laid down in Article 1; (b)take the necessary measures to ensure the security of the Central System in accordance with Article 36; (c) ensure that only persons authorised to work with the Central System have access thereto, without prejudice to the competences of the European Data Protection Supervisor. eu-LISA shall inform the European Parliament and the Council as well as the European Data Protection Supervisor of the measures it takes pursuant to the first subparagraph.Article 24 deleted Responsibility for data processing

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 24 – paragraph 1

1. The Member State of origin shall be responsible for ensuring that: (a)fingerprints and facial images are taken lawfully; (b)fingerprint data and the other data referred to in Article 12, Article 13(2) and Article 14(2) are lawfully transmitted to the Central System; (c)data are accurate and up-to-date when they are transmitted to the Central System; (d)without prejudice to the responsibilities of eu-LISA , data in the Central System are lawfully recorded, stored, corrected and erased; (e)the results of fingerprint and facial image data comparisons transmitted by the Central System are lawfully processed.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 24 – paragraph 1 – point a

~~(a) fingerprints and facial images are taken lawfully;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 24 – paragraph 1 – point b

~~(b) fingerprint data and the other data referred to in Article 12, Article 13(2) and Article 14(2) are lawfully transmitted to the Central System;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 24 – paragraph 1 – point c

~~(c) data are accurate and up-to-date when they are transmitted to the Central System;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 24 – paragraph 1 – point d

~~(d) without prejudice to the responsibilities of eu-LISA , data in the Central System are lawfully recorded, stored, corrected and erased;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 24 – paragraph 1 – point e

~~(e) the results of fingerprint and facial image data comparisons transmitted by the Central System are lawfully processed.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 24 – paragraph 2

2. In accordance with Article 36, the Member State of origin shall ensure the security of the data referred to in paragraph 1 before and during transmission to the Central System as well as the security of the data it receives from the Central System.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 24 – paragraph 3

~~3. The Member State of origin shall be responsible for the final identification of the data pursuant to Article 26(4).~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 24 – paragraph 4

4. eu-LISA shall ensure that the Central System is operated in accordance with the provisions of this Regulation. In particular, eu-LISA shall: (a)adopt measures ensuring that persons working with the Central System process the data recorded therein only in accordance with the purposes of Eurodac as laid down in Article 1; (b)take the necessary measures to ensure the security of the Central System in accordance with Article 36; (c) ensure that only persons authorised to work with the Central System have access thereto, without prejudice to the competences of the European Data Protection Supervisor. eu-LISA shall inform the European Parliament and the Council as well as the European Data Protection Supervisor of the measures it takes pursuant to the first subparagraph.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 24 – paragraph 4 – point a

~~(a) adopt measures ensuring that persons working with the Central System process the data recorded therein only in accordance with the purposes of Eurodac as laid down in Article 1;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 24 – paragraph 4 – point b

~~(b) take the necessary measures to ensure the security of the Central System in accordance with Article 36;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 24 – paragraph 4 – point c

(c) ensure that only persons authorised to work with the Central System have access thereto, without prejudice to the competences of the European Data Protection Supervisor. eu-LISA shall inform the European Parliament and the Council as well as the European Data Protection Supervisor of the measures it takes pursuant to the first subparagraph.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 24 – paragraph 4 – point c – paragraph 1

~~ensure that only persons authorised to work with the Central System have access thereto, without prejudice to the competences of the European Data Protection Supervisor.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 24 – paragraph 4 – point c – paragraph 2

~~eu-LISA shall inform the European Parliament and the Council as well as the European Data Protection Supervisor of the measures it takes pursuant to the first subparagraph.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 25

~~[...]~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 25 – paragraph 1

1. Fingerprints shall be digitally processed and transmitted in the data format as set out in the agreed Interface Control Document . As far as necessary for the efficient operation of the Central System, eu-LISA shall establish the technical requirements for transmission of the data format by Member States to the Central System and vice versa. eu- LISA shall ensure that the fingerprint data and facial images transmitted by the Member States can be compared by the computerised fingerprint and facial recognition system.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 25 – paragraph 2

2. Member States shall transmit the data referred to in Article 12, Article 13(2) and Article 14(2) electronically. The data referred to in Article 12, Article 13(2) and Article 14(2) shall be automatically recorded in the Central System. As far as necessary for the efficient operation of the Central System, eu-LISA shall establish the technical requirements to ensure that data can be properly electronically transmitted from the Member States to the Central System and vice versa.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 25 – paragraph 3

3. The reference number referred to in Articles 12(i), 13(2)(i), 14 (2)(i) and 20(1) shall make it possible to relate data unambiguously to one particular person and to the Member State which is transmitting the data. In addition, it shall make it possible to tell whether such data relate to a person referred to in Article 10(1), 13(1) or 14(1).deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 25 – paragraph 4

4. The reference number shall begin with the identification letter or letters by which the Member State transmitting the data is identified. The identification letter or letters shall be followed by the identification of the category of person or request. "1" refers to data relating to persons referred to in Article 10(1), "2" to persons referred to in Article 13(1), "3" to persons referred to in Article 14(1), "4" to requests referred to in Article 21, "5" to requests referred to in Article 22 and "9" to requests referred to in Article 30.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 25 – paragraph 5

~~5. eu-LISA shall establish the technical procedures necessary for Member States to ensure receipt of unambiguous data by the Central System.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 25 – paragraph 6

6. The Central System shall confirm receipt of the transmitted data as soon as possible. To that end, eu-LISA shall establish the necessary technical requirements to ensure that Member States receive the confirmation receipt if requesdeleted.

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 26

~~[...]~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 26 – paragraph 1

1. Member States shall ensure the transmission of fingerprint data of an appropriate quality for the purpose of comparison by means of the computerised fingerprint and facial recognition system. As far as necessary to ensure that the results of the comparison by the Central System reach a very high level of accuracy, eu-LISA shall define the appropriate quality of transmitted fingerprint data. The Central System shall, as soon as possible, check the quality of the fingerprint and facial image data transmitted. If fingerprint or facial image data do not lend themselves to comparison using the computerised fingerprint and facial recognition system, the Central System shall inform the Member State concerned. That Member State shall then transmit fingerprint or facial image data of the appropriate quality using the same reference number as the previous set of fingerprint or facial image data.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 26 – paragraph 2

2. The Central System shall carry out comparisons in the order of arrival of requests. Each request shall be dealt with within 24 hours. A Member State may for reasons connected with national law require particularly urgent comparisons to be carried out within one hour. Where such time-limits cannot be respected owing to circumstances which are outside the eu-LISA's responsibility, the Central System shall process the request as a matter of priority as soon as those circumstances no longer prevail. In such cases, as far as is necessary for the efficient operation of the Central System, eu-LISA shall establish criteria to ensure the priority handling of requests.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 26 – paragraph 3

3. As far as necessary for the efficient operation of the Central System, eu-LISA shall establish the operational procedures for the processing of the data received and for transmitting the result of the comparison.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 26 – paragraph 4

4. The result of the comparison of fingerprint data carried out pursuant to Article 15 shall be immediately checked in the receiving Member State by a fingerprint expert as defined in accordance with its national rules, specifically trained in the types of fingerprint comparisons provided for in this Regulation. For the purposes laid down in Article 1(1)(a) and (b) of this Regulation, final identification shall be made by the Member State of origin in cooperation with the other Member States concerned.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 26 – paragraph 5

5. The result of the comparison of facial image data carried out pursuant to Article 16 shall be immediately checked and verified in the receiving Member State. For the purposes laid down in Article 1(1)(a) and (b) of this Regulation, final identification shall be made by the Member State of origin in cooperation with the other Member States concerned. Information received from the Central System relating to other data found to be unreliable shall be erased as soon as the unreliability of the data is established.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 26 – paragraph 5 – subparagraph 1

The result of the comparison of facial image data carried out pursuant to Article 16 shall be immediately checked and verified in the receiving Member State. For the purposes laid down in Article 1(1)(a) and (b) of this Regulation, final identification shall be made by the Member State of origin in cooperation with the other Member States concerned.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 26 – paragraph 5 – subparagraph 2

~~Information received from the Central System relating to other data found to be unreliable shall be erased as soon as the unreliability of the data is established.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 26 – paragraph 6

6. Where final identification in accordance with paragraph 4 reveals that the result of the comparison received from the Central System does not correspond to the fingerprint or facial image data sent for comparison, Member States shall immediately erase the result of the comparison and communicate this fact as soon as possible and no later than after three working days to eu-LISA and inform them of the reference number of the Member State of origin and the reference number of the Member State that received the result .deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 27

Communication between Member States and the Central System Data transmitted from the Member States to the Central System and vice versa shall use the Communication Infrastructure. As far as is necessary for the efficient operation of the Central System, eu- LISA shall establish the technical procedures necessary for the use of the Communication Infrastructure.Article 27 deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 27 – paragraph 1

Data transmitted from the Member States to the Central System and vice versa shall use the Communication Infrastructure. As far as is necessary for the efficient operation of the Central System, eu- LISA shall establish the technical procedures necessary for the use of the Communication Infrastructure.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 28

Access to, and correction or erasure of, 1. The Member State of origin shall have access to data which it has transmitted and which are recorded in the Central System in accordance with this Regulation. No Member State may conduct searches of the data transmitted by another Member State, nor may it receive such data apart from data resulting from the comparison referred to in Article 15 and 16 . 2.The authorities of Member States which, pursuant to paragraph 1 of this Article, have access to data recorded in the Central System shall be those designated by each Member State for the purposes laid down in Article 1(1)(a) and (b). That designation shall specify the exact unit responsible for carrying out tasks related to the application of this Regulation. Each Member State shall without delay communicate to the Commission and eu-LISA a list of those units and any amendments thereto. eu- LISA shall publish the consolidated list in the Official Journal of the European Union. Where there are amendments thereto, eu-LISA shall publish once a year an updated consolidated list online. 3.Only the Member State of origin shall have the right to amend the data which it has transmitted to the Central System by correcting or supplementing such data, or to erase them, without prejudice to erasure carried out in pursuance of Article 18 . 4. If a Member State or eu-LISA has evidence to suggest that data recorded in the Central System are factually inaccurate, it shall , without prejudice to the notification of a personal data breach pursuant to Article [33..] of Regulation (EU) No […/2016], advise the Member State of origin as soon as possible. If a Member State has evidence to suggest that data were recorded in the Central System in breach of this Regulation, it shall advise eu-LISA , the Commission and the Member State of origin as soon as possible. The Member State of origin shall check the data concerned and, if necessary, amend or erase them without delay. 5.eu-LISA shall not transfer or make available to the authorities of any third country data recorded in the Central System. This prohibition shall not apply to transfers of such data to third countries to which Regulation (EU) No […/…] applies.rticle 28 deleted data recorded in Eurodac

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 28 – paragraph 1

1. The Member State of origin shall have access to data which it has transmitted and which are recorded in the Central System in accordance with this Regulation. No Member State may conduct searches of the data transmitted by another Member State, nor may it receive such data apart from data resulting from the comparison referred to in Article 15 and 16 .deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1

~~The Member State of origin shall have access to data which it has transmitted and which are recorded in the Central System in accordance with this Regulation.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2

~~No Member State may conduct searches of the data transmitted by another Member State, nor may it receive such data apart from data resulting from the comparison referred to in Article 15 and 16 .~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 28 – paragraph 2

2. The authorities of Member States which, pursuant to paragraph 1 of this Article, have access to data recorded in the Central System shall be those designated by each Member State for the purposes laid down in Article 1(1)(a) and (b). That designation shall specify the exact unit responsible for carrying out tasks related to the application of this Regulation. Each Member State shall without delay communicate to the Commission and eu-LISA a list of those units and any amendments thereto. eu- LISA shall publish the consolidated list in the Official Journal of the European Union. Where there are amendments thereto, eu-LISA shall publish once a year an updated consolidated list online.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 28 – paragraph 3

3. Only the Member State of origin shall have the right to amend the data which it has transmitted to the Central System by correcting or supplementing such data, or to erase them, without prejudice to erasure carried out in pursuance of Article 18 .deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 28 – paragraph 4

4. If a Member State or eu-LISA has evidence to suggest that data recorded in the Central System are factually inaccurate, it shall , without prejudice to the notification of a personal data breach pursuant to Article [33..] of Regulation (EU) No […/2016], advise the Member State of origin as soon as possible. If a Member State has evidence to suggest that data were recorded in the Central System in breach of this Regulation, it shall advise eu-LISA , the Commission and the Member State of origin as soon as possible. The Member State of origin shall check the data concerned and, if necessary, amend or erase them without delay.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1

If a Member State or eu-LISA has evidence to suggest that data recorded in the Central System are factually inaccurate, it shall , without prejudice to the notification of a personal data breach pursuant to Article [33..] of Regulation (EU) No […/2016], advise the Member State of origin as soon as possible.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 2

If a Member State has evidence to suggest that data were recorded in the Central System in breach of this Regulation, it shall advise eu-LISA , the Commission and the Member State of origin as soon as possible. The Member State of origin shall check the data concerned and, if necessary, amend or erase them without delay.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 28 – paragraph 5

5. eu-LISA shall not transfer or make available to the authorities of any third country data recorded in the Central System. This prohibition shall not apply to transfers of such data to third countries to which Regulation (EU) No […/…] applies.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 29

1.eu-LISA shall keep records of all data processing operations within the Central System. These records shall show the purpose, date and time of access, the data transmitted, the data used for interrogation and the name of both the unit entering or retrieving the data and the persons responsible. 2.The records referred to in paragraph 1 of this Article may be used only for the data protection monitoring of the admissibility of data processing as well as to ensure data security pursuant to Article 34. The records must be protected by appropriate measures against unauthorised access and erased after a period of one year after the storage period referred to in Article 17 has expired, unless they are required for monitoring procedures which have already begun. 3.For the purposes laid down in Article 1(1)(a) and (b), each Member State shall take the necessary measures in order to achieve the objectives set out in paragraphs 1 and 2 of this Article in relation to its national system. In addition, each Member State shall keep records of the staff duly authorised to enter or retrieve the data.Article 29 deleted Keeping of records

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 29 – paragraph 1

1. eu-LISA shall keep records of all data processing operations within the Central System. These records shall show the purpose, date and time of access, the data transmitted, the data used for interrogation and the name of both the unit entering or retrieving the data and the persons responsible.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 29 – paragraph 2

2. The records referred to in paragraph 1 of this Article may be used only for the data protection monitoring of the admissibility of data processing as well as to ensure data security pursuant to Article 34. The records must be protected by appropriate measures against unauthorised access and erased after a period of one year after the storage period referred to in Article 17 has expired, unless they are required for monitoring procedures which have already begun.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 29 – paragraph 3

3. For the purposes laid down in Article 1(1)(a) and (b), each Member State shall take the necessary measures in order to achieve the objectives set out in paragraphs 1 and 2 of this Article in relation to its national system. In addition, each Member State shall keep records of the staff duly authorised to enter or retrieve the data.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 30

~~[...]~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 1

1. A person covered by Article 10(1), Article 13(1) or Article 14(1) shall be informed by the Member State of origin in writing, and where necessary, orally, in a language that he or she understands or is reasonably supposed to understand in a concise, transparent, intelligible and easily accessible form, using clear and plain language , of the following: (a)the identity of the controller within the meaning of Article of Directive [../../EU] and of his or her representative, if any and the contact details of the data protection officer ; (b)the purpose for which his or her data will be processed in Eurodac, including a description of the aims of Regulation (EU) No […/…] , in accordance with Article 6 thereof and an explanation in intelligible form of the fact that Eurodac may be accessed by the Member States and Europol for law enforcement purposes; (c)the recipients or categories of recipients of the data; (d)in relation to a person covered by Article 10(1) or 13(1) or 14(1) , the obligation to have his or her fingerprints taken; (e)the period for which the data will be stored pursuant to Article 17; (f)the existence of the right to request from the controller access to data relating to him or her, and the right to request that inaccurate data relating to him or her be rectified and the completion of incomplete personal data or that unlawfully processed personal data concerning him or her be erased or restricted, as well as the right to receive information on the procedures for exercising those rights including the contact details of the controller and the supervisory authorities referred to in Article 32(1); (g)the right to lodge a complaint to the supervisory authority.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 1 – point a

~~(a) the identity of the controller within the meaning of Article of Directive [../../EU] and of his or her representative, if any and the contact details of the data protection officer ;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 1 – point b

(b) the purpose for which his or her data will be processed in Eurodac, including a description of the aims of Regulation (EU) No […/…] , in accordance with Article 6 thereof and an explanation in intelligible form of the fact that Eurodac may be accessed by the Member States and Europol for law enforcement purposes;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 1 – point c

~~(c) the recipients or categories of recipients of the data;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 1 – point d

~~(d) in relation to a person covered by Article 10(1) or 13(1) or 14(1) , the obligation to have his or her fingerprints taken;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 1 – point e

~~(e) the period for which the data will be stored pursuant to Article 17;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 1 – point f

(f) the existence of the right to request from the controller access to data relating to him or her, and the right to request that inaccurate data relating to him or her be rectified and the completion of incomplete personal data or that unlawfully processed personal data concerning him or her be erased or restricted, as well as the right to receive information on the procedures for exercising those rights including the contact details of the controller and the supervisory authorities referred to in Article 32(1);deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 1 – point g

~~(g) the right to lodge a complaint to the supervisory authority.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 2

2. In relation to a person covered by Article 10(1) or 13(1) and 14(1) , the information referred to in paragraph 1 of this Article shall be provided at the time when his or her fingerprints are taken. Where a person covered by Article 10(1), Article 13(1) and Article 14(1) is a minor, Member States shall provide the information in an age-appropriate manner.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 1

~~In relation to a person covered by Article 10(1) or 13(1) and 14(1) , the information referred to in paragraph 1 of this Article shall be provided at the time when his or her fingerprints are taken.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 2

~~Where a person covered by Article 10(1), Article 13(1) and Article 14(1) is a minor, Member States shall provide the information in an age-appropriate manner.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 3

3. A common leaflet, containing at least the information referred to in paragraph 1 of this Article and the information referred to in Article 6(2) of Regulation (EU) No […/…] shall be drawn up in accordance with the procedure referred to in Article 44(2) of that Regulation. The leaflet shall be clear and simple, drafted in a concise, transparent, intelligible and easily accessible form and in a language that the person concerned understands or is reasonably supposed to understand. The leaflet shall be established in such a manner as to enable Member States to complete it with additional Member State- specific information. This Member State- specific information shall include at least the rights of the data subject, the possibility of information by the national supervisory authorities, as well as the contact details of the office of the controller and of the data protection officer, and the national supervisory authorities.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1

A common leaflet, containing at least the information referred to in paragraph 1 of this Article and the information referred to in Article 6(2) of Regulation (EU) No […/…] shall be drawn up in accordance with the procedure referred to in Article 44(2) of that Regulation.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 2

The leaflet shall be clear and simple, drafted in a concise, transparent, intelligible and easily accessible form and in a language that the person concerned understands or is reasonably supposed to understand.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 3

The leaflet shall be established in such a manner as to enable Member States to complete it with additional Member State- specific information. This Member State- specific information shall include at least the rights of the data subject, the possibility of information by the national supervisory authorities, as well as the contact details of the office of the controller and of the data protection officer, and the national supervisory authorities.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 31

~~[...]~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 31 – paragraph 1

1. For the purposes laid down in Article 1(1)(a) and (b) of this Regulation, the data subject's rights of access, rectification and erasure shall be exercised in accordance ,with Chapter III of Regulation (EU) No. […/2016] and applied as set out in this Article .deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 31 – paragraph 2

2. The right of access of the data subject in each Member State shall include the right to obtain communication of the data relating to him or her recorded in the Central System and of the Member State which transmitted them to the Central System. Such access to data may be granted only by a Member State.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 31 – paragraph 2

2. If the rights of rectification and erasure are exercised in a Member State other than that, or those, which transmitted the data, the authorities of that Member State shall contact the authorities of the Member State or States which transmitted the data so that the latter may check the accuracy of the data and the lawfulness of their transmission and recording in the Central System.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 31 – paragraph 3

3. If it emerges that data recorded in the Central System are factually inaccurate or have been recorded unlawfully, the Member State which transmitted them shall rectify or erase the data in accordance with Article 28(3). That Member State shall confirm in writing to the data subject that it has taken action to correct , rectify, complete, erase or restrict the processing of personal data relating to him or her.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 31 – paragraph 4

4. If the Member State which transmitted the data does not agree that data recorded in the Central System are factually inaccurate or have been recorded unlawfully, it shall explain in writing to the data subject why it is not prepared to correct or erase the data. That Member State shall also provide the data subject with information explaining the steps which he or she can take if he or she does not accept the explanation provided. This shall include information on how to bring an action or, if appropriate, a complaint before the competent authorities or courts of that Member State and any financial or other assistance that is available in accordance with the laws, regulations and procedures of that Member State.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 31 – paragraph 4 – subparagraph 1

If the Member State which transmitted the data does not agree that data recorded in the Central System are factually inaccurate or have been recorded unlawfully, it shall explain in writing to the data subject why it is not prepared to correct or erase the data.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 31 – paragraph 4 – subparagraph 2

That Member State shall also provide the data subject with information explaining the steps which he or she can take if he or she does not accept the explanation provided. This shall include information on how to bring an action or, if appropriate, a complaint before the competent authorities or courts of that Member State and any financial or other assistance that is available in accordance with the laws, regulations and procedures of that Member State.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 31 – paragraph 5

5. Any request under paragraphs 1 and 2 of this Article for access, rectification or erasure shall contain all the necessary particulars to identify the data subject, including fingerprints. Such data shall be used exclusively to permit the exercise of the data subject's rights referred to in paragraphs 1 and 2 and shall be erased immediately afterwards.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 31 – paragraph 6

~~6. The competent authorities of the Member States shall cooperate actively to enforce promptly the data subject's rights for rectification and erasure .~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 31 – paragraph 7

7. Whenever a person requests access to data relating to him or her , the competent authority shall keep a record in the form of a written document that such a request was made and how it was addressed, and shall make that document available to the national supervisory authorities without delay.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 31 – paragraph 8

8. The national supervisory authority of the Member State which transmitted the data and the national supervisory authority of the Member State in which the data subject is present shall , where requested, provide information to the data subject concerning the exercise of his or her right to request from the data controller access, rectification, completion, erasure or restriction of the processing of personal data concerning him or her . The supervisory authorities shall cooperate in accordance with Chapter VII of Regulation (EU) […/2016] .deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 32

Supervision by the national supervisory 1.each Member State shall provide that The supervisory authority or authorities of each Member State designated pursuant to Article 41 of Directive referred to in Article [46(1)] of Regulation (EU) […/2016] shall monitor the lawfulness of the processing of personal data by the Member State in question for the purposes laid out in Article 1(1)(a) and (b) , including their transmission to the Central System. 2.Each Member State shall ensure that its national supervisory authority has access to advice from persons with sufficient knowledge of fingerprint data.Article 32 deleted authorities

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 32 – paragraph 1

1. each Member State shall provide that The supervisory authority or authorities of each Member State designated pursuant to Article 41 of Directive referred to in Article [46(1)] of Regulation (EU) […/2016] shall monitor the lawfulness of the processing of personal data by the Member State in question for the purposes laid out in Article 1(1)(a) and (b) , including their transmission to the Central System.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 32 – paragraph 2

~~2. Each Member State shall ensure that its national supervisory authority has access to advice from persons with sufficient knowledge of fingerprint data.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 33

Supervision by the European Data 1.The European Data Protection Supervisor shall ensure that all the personal data processing activities concerning Eurodac, in particular by eu- LISA , are carried out in accordance with Regulation (EC) No 45/2001 and with this Regulation. 2.The European Data Protection Supervisor shall ensure that an audit of the eu-LISA's personal data processing activities is carried out in accordance with international auditing standards at least every three years. A report of such audit shall be sent to the European Parliament, the Council, the Commission, eu-LISA , and the national supervisory authorities. eu-LISA shall be given an opportunity to make comments before the report is adopted.Article 33 deleted Protection Supervisor

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 33 – paragraph 1

1. The European Data Protection Supervisor shall ensure that all the personal data processing activities concerning Eurodac, in particular by eu- LISA , are carried out in accordance with Regulation (EC) No 45/2001 and with this Regulation.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 33 – paragraph 2

2. The European Data Protection Supervisor shall ensure that an audit of the eu-LISA's personal data processing activities is carried out in accordance with international auditing standards at least every three years. A report of such audit shall be sent to the European Parliament, the Council, the Commission, eu-LISA , and the national supervisory authorities. eu-LISA shall be given an opportunity to make comments before the report is adopted.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 34

Cooperation between national supervisory authorities and the European Data 1.The national supervisory authorities and the European Data Protection Supervisor shall, each acting within the scope of their respective competences, cooperate actively in the framework of their responsibilities and shall ensure coordinated supervision of Eurodac. 2. Member States shall ensure that every year an audit of the processing of personal data for the purposes laid down in Article 1(1)(c) is carried out by an independent body, in accordance with Article 35(1), including an analysis of a sample of reasoned electronic requests. The audit shall be attached to the annual report of the Member States referred to in Article 42(8). 3.The national supervisory authorities and the European Data Protection Supervisor shall, each acting within the scope of their respective competences, exchange relevant information, assist each other in carrying out audits and inspections, examine difficulties of interpretation or application of this Regulation, study problems with the exercise of independent supervision or in the exercise of the rights of data subjects, draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights, as necessary. 4.For the purpose laid down in paragraph 3, the national supervisory authorities and the European Data Protection Supervisor shall meet at least twice a year. The costs and servicing of these meetings shall be for the account of the European Data Protection Supervisor. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed jointly as necessary. A joint report of activities shall be sent to the European Parliament, the Council, the Commission and eu-LISA every two years.Article 34 deleted Protection Supervisor

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 34 – paragraph 1

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

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 34 – paragraph 2

2. Member States shall ensure that every year an audit of the processing of personal data for the purposes laid down in Article 1(1)(c) is carried out by an independent body, in accordance with Article 35(1), including an analysis of a sample of reasoned electronic requests. The audit shall be attached to the annual report of the Member States referred to in Article 42(8).deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 1

Member States shall ensure that every year an audit of the processing of personal data for the purposes laid down in Article 1(1)(c) is carried out by an independent body, in accordance with Article 35(1), including an analysis of a sample of reasoned electronic requests.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 2

~~The audit shall be attached to the annual report of the Member States referred to in Article 42(8).~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 34 – paragraph 3

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

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 34 – paragraph 4

4. For the purpose laid down in paragraph 3, the national supervisory authorities and the European Data Protection Supervisor shall meet at least twice a year. The costs and servicing of these meetings shall be for the account of the European Data Protection Supervisor. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed jointly as necessary. A joint report of activities shall be sent to the European Parliament, the Council, the Commission and eu-LISA every two years.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 35

Protection of personal data for law 1.The supervisory authority or authorities of each Member State referred to in Article [39(1)] of Directive [2016/… /EU] shall monitor the lawfulness of the processing of personal data under this Regulation by the Member States for the purposes laid down in Article 1(1)(c) of this Regulation, including their transmission to and from Eurodac. 2.The processing of personal data by Europol pursuant to this Regulation shall be in accordance with Decision 2009/371/JHA and shall be supervised by an independent external data protection supervisor. Articles 30, 31 and 32 of that Decision shall be applicable to the processing of personal data by Europol pursuant to this Regulation. The independent external data protection supervisor shall ensure that the rights of the individual are not violated. 3.Personal data obtained pursuant to this Regulation from Eurodac for the purposes laid down in Article 1(1)(c) shall only be processed for the purposes of the prevention, detection or investigation of the specific case for which the data have been requested by a Member State or by Europol. 4.Without prejudice to Article [23 and 24] of Directive [2016/ …/EU], the Central System, the designated and verifying authorities and Europol shall keep records of the searches for the purpose of permitting the national data protection authorities and the European Data Protection Supervisor to monitor the compliance of data processing with Union data protection rules, including for the purpose of maintaining records in order to prepare the annual reports referred to in Article 42(8). Other than for such purposes, personal data, as well as the records of the searches, shall be erased in all national and Europol files after a period of one month, unless the data are required for the purposes of the specific ongoing criminal investigation for which they were requested by a Member State or by Europol.Article 35 deleted enforcement purposes

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 35 – paragraph 1

1. The supervisory authority or authorities of each Member State referred to in Article [39(1)] of Directive [2016/… /EU] shall monitor the lawfulness of the processing of personal data under this Regulation by the Member States for the purposes laid down in Article 1(1)(c) of this Regulation, including their transmission to and from Eurodac.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 35 – paragraph 2

2. The processing of personal data by Europol pursuant to this Regulation shall be in accordance with Decision 2009/371/JHA and shall be supervised by an independent external data protection supervisor. Articles 30, 31 and 32 of that Decision shall be applicable to the processing of personal data by Europol pursuant to this Regulation. The independent external data protection supervisor shall ensure that the rights of the individual are not violated.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 35 – paragraph 3

3. Personal data obtained pursuant to this Regulation from Eurodac for the purposes laid down in Article 1(1)(c) shall only be processed for the purposes of the prevention, detection or investigation of the specific case for which the data have been requested by a Member State or by Europol.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 35 – paragraph 4

4. Without prejudice to Article [23 and 24] of Directive [2016/ …/EU], the Central System, the designated and verifying authorities and Europol shall keep records of the searches for the purpose of permitting the national data protection authorities and the European Data Protection Supervisor to monitor the compliance of data processing with Union data protection rules, including for the purpose of maintaining records in order to prepare the annual reports referred to in Article 42(8). Other than for such purposes, personal data, as well as the records of the searches, shall be erased in all national and Europol files after a period of one month, unless the data are required for the purposes of the specific ongoing criminal investigation for which they were requested by a Member State or by Europol.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 36

~~[...]~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 1

~~1. The Member State of origin shall ensure the security of the data before and during transmission to the Central System.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 2

~~[...]~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 2 – point a

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

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 2 – point b

(b) deny unauthorised persons access to data-processing equipment and national installations in which the Member State carries out operations in accordance with the purposes of Eurodac ( equipment, access control and checks at entrance to the installation);deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 2 – point c

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

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 2 – point d

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

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 2 – point e

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

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 2 – point f

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

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 2 – point g

(g) ensure that persons authorised to access Eurodac have access only to the data covered by their access authorisation, by means of individual and unique user IDs and confidential access modes only (data access control);deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 2 – point h

(h) ensure that all authorities with a right of access to Eurodac create profiles describing the functions and responsibilities of persons who are authorised to access, enter, update, erase and search the data, and make those profiles and any other relevant information which those authorities may require for supervisory purposes available to the national supervisory authorities referred to in Chapter VI of of Regulation (EU) No. […/2016] ] and in Chapter VI ofArticle of Directive [2016/.../EU] Article [..] of Directive [2016/.../EU] of without delay at their request (personnel profiles);deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 2 – point i

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

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 2 – point j

~~(j) ensure that it is possible to verify and establish what data have been processed in Eurodac, when, by whom and for what purpose (control of data recording);~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 2 – point k

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

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 2 – point l

~~(l) ensure that installed systems may, in case of interruption, be restored (recovery);~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 2 – point m

(m) ensure that the functions of Eurodac perform, that the appearance of faults in the functions is reported (reliability) and that stored personal data cannot be corrupted by means of malfunctioning of the system (integrity);deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 2 – point n

(n) monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring in order to ensure compliance with this Regulation (self- auditing) and to automatically detect within 24 hours any relevant events arising from the application of measures listed in points (b) to (k) that might indicate the occurrence of a security incident.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 3

3. Member States shall inform eu- LISA of security incidents detected on their systems without prejudice to the notification and communication of a personal data breach pursuant to [Articles 31 and 32] of Regulation (EU) No […/2016] respectively [Articles 28 and 29] . eu-LISA shall inform the Member States, Europol and the European Data Protection Supervisor in case of security incidents. The Member States concerned, eu-LISA and Europol shall collaborate during a security incident.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 4

~~4. eu-LISA shall take the necessary measures in order to achieve the objectives set out in paragraph 2 as regards the operation of Eurodac, including the adoption of a security plan.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 37

Prohibition of transfers of data to third countries, international organisations or 1.Personal data obtained by a Member State or Europol pursuant to this Regulation from the Central System shall not be transferred or made available to any third country, international organisation or private entity established in or outside the Union. This prohibition shall also apply if those data are further processed at national level or between Member States within the meaning of [Article […] of Directive [2016/../EU] ]. 2.Personal data which originated in a Member State and are exchanged between Member States following a hit obtained for the purposes laid down in Article 1(1)(c) shall not be transferred to third countries if there is a real risk that as a result of such transfer the data subject may be subjected to torture, inhuman and degrading treatment or punishment or any other violation of his or her fundamental rights. 3.No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third-country for persons related to Article 10(1), particularly where that country is also the applicant's country of origin. 4.The prohibitions referred to in paragraphs 1 and 2 shall be without prejudice to the right of Member States to transfer such data in accordance with Chapter V of Regulation (EU) No […/2016] respectively with the national rules adopted pursuant to Directive [2016/…/EU] to third countries to which Regulation (EU) No […/…] applies.Article 37 deleted private entities

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 37 – paragraph 1

1. Personal data obtained by a Member State or Europol pursuant to this Regulation from the Central System shall not be transferred or made available to any third country, international organisation or private entity established in or outside the Union. This prohibition shall also apply if those data are further processed at national level or between Member States within the meaning of [Article […] of Directive [2016/../EU] ].deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 37 – paragraph 2

2. Personal data which originated in a Member State and are exchanged between Member States following a hit obtained for the purposes laid down in Article 1(1)(c) shall not be transferred to third countries if there is a real risk that as a result of such transfer the data subject may be subjected to torture, inhuman and degrading treatment or punishment or any other violation of his or her fundamental rights.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 37 – paragraph 3

3. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third- country for persons related to Article 10(1), particularly where that country is also the applicant's country of origin.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 37 – paragraph nouveau4

4. The prohibitions referred to in paragraphs 1 and 2 shall be without prejudice to the right of Member States to transfer such data in accordance with Chapter V of Regulation (EU) No […/2016] respectively with the national rules adopted pursuant to Directive [2016/…/EU] to third countries to which Regulation (EU) No […/…] applies.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 38

Transfer of data to third countries for the 1.By way of derogation from Article 37 of this Regulation, the personal data relating to persons referred to in Articles 10(1), 13(2), 14(1) obtained by a Member State following a hit for the purposes laid down in Article 1(1)(a) or (b) may be transferred or made available to a third- country in accordance with Article 46 of Regulation (EU) No. […/2016], if necessary in order to prove the identity of third-country nationals for the purpose of return, only where the following conditions are satisfied: (b)the third country explicitly agrees to use the data only for the purpose for which they were provided and to what is lawful and necessary to secure the purposes laid down in Article 1(1)(b) and to delete that data where it is no longer justified to keep it; (c)the Member State of origin which entered the data in the Central System has given its consent and the individual concerned has been informed that his or her personal information may be shared with the authorities of a third-country. 2.No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third-country for persons related to Article 10(1), particularly where that country is also the applicant's country of origin. 3.A third-country shall not have direct access to the Central System to compare or transmit fingerprint data or any other personal data of a third-country national or stateless person and shall not be granted access via a Member State's designated National Access Point.Article 38 deleted purpose of return

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 38 – paragraph 1

1. By way of derogation from Article 37 of this Regulation, the personal data relating to persons referred to in Articles 10(1), 13(2), 14(1) obtained by a Member State following a hit for the purposes laid down in Article 1(1)(a) or (b) may be transferred or made available to a third- country in accordance with Article 46 of Regulation (EU) No. […/2016], if necessary in order to prove the identity of third-country nationals for the purpose of return, only where the following conditions are satisfied: (b)the third country explicitly agrees to use the data only for the purpose for which they were provided and to what is lawful and necessary to secure the purposes laid down in Article 1(1)(b) and to delete that data where it is no longer justified to keep it; (c)the Member State of origin which entered the data in the Central System has given its consent and the individual concerned has been informed that his or her personal information may be shared with the authorities of a third-country.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 38 – paragraph 1 – point a

(b) the third country explicitly agrees to use the data only for the purpose for which they were provided and to what is lawful and necessary to secure the purposes laid down in Article 1(1)(b) and to delete that data where it is no longer justified to keep it;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 38 – paragraph 1 – point c

(c) the Member State of origin which entered the data in the Central System has given its consent and the individual concerned has been informed that his or her personal information may be shared with the authorities of a third-country.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 38 – paragraph 2

2. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third- country for persons related to Article 10(1), particularly where that country is also the applicant's country of origin.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 38 – paragraph 3

3. A third-country shall not have direct access to the Central System to compare or transmit fingerprint data or any other personal data of a third-country national or stateless person and shall not be granted access via a Member State's designated National Access Point.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 39

1.Each Member State and Europol shall ensure that all data processing operations resulting from requests for comparison with Eurodac data for the purposes laid down in Article 1(1)(c) are logged or documented for the purposes of checking the admissibility of the request, monitoring the lawfulness of the data processing and data integrity and security, and self-monitoring. 2.The log or documentation shall show in all cases: (a)the exact purpose of the request for comparison, including the concerned form of a terrorist offence or other serious criminal offence and, for Europol, the exact purpose of the request for comparison; (b)the reasonable grounds given not to conduct comparisons with other Member States under Decision 2008/615/JHA, in accordance with Article 21(1) of this Regulation; (c)the national file reference; (d)the date and exact time of the request for comparison by the National Access Point to the Central System; (e)the name of the authority having requested access for comparison, and the person responsible who made the request and processed the data; (f)where applicable, the use of the urgent procedure referred to in Article 20(4) and the decision taken with regard to the ex- post verification; (g)the data used for comparison; (h)in accordance with national rules or with Decision 2009/371/JHA, the identifying mark of the official who carried out the search and of the official who ordered the search or supply. 3.Logs and documentation shall be used only for monitoring the lawfulness of data processing and for ensuring data integrity and security. Only logs which do not contain personal data may be used for the monitoring and evaluation referred to in Article 42. The competent national supervisory authorities responsible for checking the admissibility of the request and monitoring the lawfulness of the data processing and data integrity and security shall have access to these logs at their request for the purpose of fulfilling their tasks .Article 39 deleted Logging and documentation

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 39 – paragraph 1

1. Each Member State and Europol shall ensure that all data processing operations resulting from requests for comparison with Eurodac data for the purposes laid down in Article 1(1)(c) are logged or documented for the purposes of checking the admissibility of the request, monitoring the lawfulness of the data processing and data integrity and security, and self-monitoring.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 39 – paragraph 2

2. The log or documentation shall show in all cases: (a)the exact purpose of the request for comparison, including the concerned form of a terrorist offence or other serious criminal offence and, for Europol, the exact purpose of the request for comparison; (b)the reasonable grounds given not to conduct comparisons with other Member States under Decision 2008/615/JHA, in accordance with Article 21(1) of this Regulation; (c)the national file reference; (d)the date and exact time of the request for comparison by the National Access Point to the Central System; (e)the name of the authority having requested access for comparison, and the person responsible who made the request and processed the data; (f)where applicable, the use of the urgent procedure referred to in Article 20(4) and the decision taken with regard to the ex- post verification; (g)the data used for comparison; (h)in accordance with national rules or with Decision 2009/371/JHA, the identifying mark of the official who carried out the search and of the official who ordered the search or supply.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 39 – paragraph 2 – point a

(a) the exact purpose of the request for comparison, including the concerned form of a terrorist offence or other serious criminal offence and, for Europol, the exact purpose of the request for comparison;deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 39 – paragraph 2 – point b

~~(b) the reasonable grounds given not to conduct comparisons with other Member States under Decision 2008/615/JHA, in accordance with Article 21(1) of this Regulation;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 39 – paragraph 2 – point c

~~(c) the national file reference;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 39 – paragraph 2 – point d

~~(d) the date and exact time of the request for comparison by the National Access Point to the Central System;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 39 – paragraph 2 – point e

~~(e) the name of the authority having requested access for comparison, and the person responsible who made the request and processed the data;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 39 – paragraph 2 – point f

~~(f) where applicable, the use of the urgent procedure referred to in Article 20(4) and the decision taken with regard to the ex-post verification;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 39 – paragraph 2 – point g

~~(g) the data used for comparison;~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 39 – paragraph 2 – point h

~~(h) in accordance with national rules or with Decision 2009/371/JHA, the identifying mark of the official who carried out the search and of the official who ordered the search or supply.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 39 – paragraph 3

3. Logs and documentation shall be used only for monitoring the lawfulness of data processing and for ensuring data integrity and security. Only logs which do not contain personal data may be used for the monitoring and evaluation referred to in Article 42. The competent national supervisory authorities responsible for checking the admissibility of the request and monitoring the lawfulness of the data processing and data integrity and security shall have access to these logs at their request for the purpose of fulfilling their tasks .deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 40

1.Any person who, or Member State which, has suffered material or immaterial damage as a result of an unlawful processing operation or any act incompatible with this Regulation shall be entitled to receive compensation from the Member State responsible for the damage suffered. That State shall be exempted from its liability, in whole or in part, if it proves that it is not in any way responsible for the event giving rise to the damage. 2.If the failure of a Member State to comply with its obligations under this Regulation causes damage to the Central System, that Member State shall be liable for such damage, unless and insofar as eu-LISA or another Member State failed to take reasonable steps to prevent the damage from occurring or to minimise its impact. 3.Claims for compensation against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of national law of the defendant Member State in accordance with Articles [75 and 76] of Regulation (EU) […/2016] and Articles [52 and 53] of Directive [2016/… /EU] . a) THIS POINT IS MISSING. THANK YOU FOR USING ANOTHER LANGUAGE.40Article 40 deleted Liability

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 40 – paragraph 1

1. Any person who, or Member State which, has suffered material or immaterial damage as a result of an unlawful processing operation or any act incompatible with this Regulation shall be entitled to receive compensation from the Member State responsible for the damage suffered. That State shall be exempted from its liability, in whole or in part, if it proves that it is not in any way responsible for the event giving rise to the damage.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 40 – paragraph 2

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

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 40 – paragraph 3

3. Claims for compensation against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of national law of the defendant Member State in accordance with Articles [75 and 76] of Regulation (EU) […/2016] and Articles [52 and 53] of Directive [2016/… /EU] . a) THIS POINT IS MISSING. THANK YOU FOR USING ANOTHER LANGUAGE.40deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 41

1.The costs incurred in connection with the establishment and operation of the Central System and the Communication Infrastructure shall be borne by the general budget of the European Union. 2.The costs incurred by national access points and the costs for connection to the Central System shall be borne by each Member State. 3.Each Member State and Europol shall set up and maintain at their expense the technical infrastructure necessary to implement this Regulation, and shall be responsible for bearing its costs resulting from requests for comparison with Eurodac data for the purposes laid down in Article 1(1)(c).Article 41 deleted Costs

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 41 – paragraph 1

~~1. The costs incurred in connection with the establishment and operation of the Central System and the Communication Infrastructure shall be borne by the general budget of the European Union.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 41 – paragraph 2

~~2. The costs incurred by national access points and the costs for connection to the Central System shall be borne by each Member Sta~~delete.d

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 41 – paragraph 3

3. Each Member State and Europol shall set up and maintain at their expense the technical infrastructure necessary to implement this Regulation, and shall be responsible for bearing its costs resulting from requests for comparison with Eurodac data for the purposes laid down in Article 1(1)(c).deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 42

~~[...]~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 42 – paragraph 1

1. eu-LISA shall submit to the European Parliament, the Council, the Commission and the European Data Protection Supervisor an annual report on the activities of the Central System, including on its technical functioning and security. The annual report shall include information on the management and performance of Eurodac against pre- defined quantitative indicators for the objectives referred to in paragraph 2.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 42 – paragraph 2

~~2. eu-LISA shall ensure that procedures are in place to monitor the functioning of the Central System against objectives relating to output, cost- effectiveness and quality of service.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 42 – paragraph 3

~~3. For the purposes of technical maintenance, reporting and statistics, eu- LISA shall have access to the necessary information relating to the processing operations performed in the Central System.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 42 – paragraph 4

4. By [2020] eu-LISA shall conduct a study on the technical feasibility of adding facial recognition software to the Central System for the purposes of comparing facial images. The study shall evaluate the reliability and accuracy of the results produced from facial recognition software for the purposes of EURODAC and shall make any necessary recommendations prior to the introduction of the facial recognition technology to the Central System.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 42 – paragraph nouveau5

5. By […] and every four years thereafter, the Commission shall produce an overall evaluation of Eurodac, examining the results achieved against objectives and the impact on fundamental rights, including whether law enforcement access has led to indirect discrimination against persons covered by this Regulation, and assessing the continuing validity of the underlying rationale and any implications for future operations, and shall make any necessary recommendations. The Commission shall transmit the evaluation to the European Parliament and the Council.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 42 – paragraph 6

~~6. Member States shall provide eu- LISA and the Commission with the information necessary to draft the annual report referred to in paragraph 1.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 42 – paragraph 7

7. eu-LISA , Member States and Europol shall provide the Commission with the information necessary to draft the overall evaluation provided for in paragraph 5. This information shall not jeopardise working methods or include information that reveals sources, staff members or investigations of the designated authorities.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 42 – paragraph 8

8. While respecting the provisions of national law on the publication of sensitive information, each Member State and Europol shall prepare annual reports on the effectiveness of the comparison of fingerprint data with Eurodac data for law enforcement purposes, containing information and statistics on: -the exact purpose of the comparison, including the type of terrorist offence or serious criminal offence, -grounds given for reasonable suspicion, -the reasonable grounds given not to conduct comparison with other Member States under Decision 2008/615/JHA, in accordance with Article 21(1) of this Regulation, -number of requests for comparison, -the number and type of cases which have ended in successful identifications, and - the need and use made of the exceptional case of urgency, including those cases where that urgency was not accepted by the ex post verification carried out by the verifying authority. Member States' and Europol annual reports shall be transmitted to the Commission by 30 June of the subsequent year.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 42 – paragraph 8 – indent 1

~~- the exact purpose of the comparison, including the type of terrorist offence or serious criminal offence,~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 42 – paragraph 8 – indent 2

~~- grounds given for reasonable suspicion,~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 42 – paragraph 8 – indent 3

~~- the reasonable grounds given not to conduct comparison with other Member States under Decision 2008/615/JHA, in accordance with Article 21(1) of this Regulation,~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 42 – paragraph 8 – indent 4

~~- number of requests for comparison,~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 42 – paragraph 8 – indent 5

~~- the number and type of cases which have ended in successful identifications, an~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 42 – paragraph 8 – indent 6

- the need and use made of the exceptional case of urgency, including those cases where that urgency was not accepted by the ex post verification carried out by the verifying authority. Member States' and Europol annual reports shall be transmitted to the Commission by 30 June of the subsequent year.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 42 – paragraph 8 – indent 6 – paragraph 1

~~the need and use made of the exceptional case of urgency, including those cases where that urgency was not accepted by the ex post verification carried out by the verifying authority.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 42 – paragraph 8 – indent 6 – paragraph 2

~~Member States' and Europol annual reports shall be transmitted to the Commission by 30 June of the subsequent year.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 42 – paragraph 9

9. On the basis of Member States and Europol annual reports provided for in paragraph 8 and in addition to the overall evaluation provided for in paragraph 5, the Commission shall compile an annual report on law enforcement access to Eurodac and shall transmit it to the European Parliament, the Council and the European Data Protection Supervisor.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 43

Member States shall take the necessary measures to ensure that any processing of data entered in the Central System contrary to the purposes of Eurodac as laid down in Article 1 is punishable by penalties, including administrative and/or criminal penalties in accordance with national law, that are effective, proportionate and dissuasive.Article 43 deleted Penalties

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 43 – paragraph 1

Member States shall take the necessary measures to ensure that any processing of data entered in the Central System contrary to the purposes of Eurodac as laid down in Article 1 is punishable by penalties, including administrative and/or criminal penalties in accordance with national law, that are effective, proportionate and dissuasive.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 44

~~The provisions of this Regulation shall not be applicable to any territory to which [Regulation (EU) No 604/2013 does not apply].~~Article 44 deleted Territorial scope

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 44 – paragraph 1

~~The provisions of this Regulation shall not be applicable to any territory to which [Regulation (EU) No 604/2013 does not apply].~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 45

Notification of designated authorities and 1.By […] , each Member State shall notify the Commission of its designated authorities, of the operating units referred to in Article 6(3) and of its verifying authority, and shall notify without delay any amendment thereto. 2.By […] , Europol shall notify the Commission of its designated authority, of its verifying authority and of the National Access Point which it has designated, and shall notify without delay any amendment thereto. 3.The Commission shall publish the information referred to in paragraphs 1 and 2 in the Official Journal of the European Union on an annual basis and via an electronic publication that shall be available online and updated without delay.Article 45 deleted verifying authorities

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 45 – paragraph 1

1. By […] , each Member State shall notify the Commission of its designated authorities, of the operating units referred to in Article 6(3) and of its verifying authority, and shall notify without delay any amendment thereto.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 45 – paragraph 2

2. By […] , Europol shall notify the Commission of its designated authority, of its verifying authority and of the National Access Point which it has designated, and shall notify without delay any amendment thereto.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 45 – paragraph 3

3. The Commission shall publish the information referred to in paragraphs 1 and 2 in the Official Journal of the European Union on an annual basis and via an electronic publication that shall be available online and updated without delay.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 46

Regulation (EU) No 603/2013 is repealed with effect from […] . References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in the Annex .Article 46 deleted Repeal

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 46 – paragraph 1

~~Regulation (EU) No 603/2013 is repealed with effect from […] .~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 46 – paragraph 2

~~References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in the Annex .~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 47

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall apply from […] . Articles 2(2), 32, 32 and, for the purposes referred to in Article 1(1)(a) and (b), Articles 28(4), 30 and 37 shall apply from the date referred to in Article 91(2) of Regulation (EU) […/2016]. Until this date Articles 2(2), 27(4), 29, 30 and 35 of Regulation 603/2013 shall apply. Articles 2(4), 35, and for the purposes referred to in Article 1(1)(c), Article 28(4), 30, 37 and 40 shall apply from the date referred to in Article 62(1) of Directive [2016/ …/EU]. Until this date Articles 2(4), 27(4), 29, 33, 35 and 37 of Regulation 603/2013 shall apply. Comparisons of facial images with the use of facial recognition software as set out in Articles 15 and 16 of this Regulation shall apply from the date upon which the facial recognition technology has been introduced into the Central System. Facial recognition software shall be introduced into the Central System [two years from the date of entry into force of this Regulation]. Until that day, facial images shall be stored in the Central System as part of the data-subject's data sets and transmitted to a Member State following the comparison of fingerprints where there is a hit result. Member States shall notify the Commission and eu-LISA as soon as they have made the technical arrangements to transmit data to the Central System under Articles XX-XX , no later than […] . This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.Article 47 deleted Entry into force and applicability

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 47 – paragraph 1

~~This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 47 – paragraph 2

~~This Regulation shall apply from […] .~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 47 – paragraph 3

Articles 2(2), 32, 32 and, for the purposes referred to in Article 1(1)(a) and (b), Articles 28(4), 30 and 37 shall apply from the date referred to in Article 91(2) of Regulation (EU) […/2016]. Until this date Articles 2(2), 27(4), 29, 30 and 35 of Regulation 603/2013 shall apply.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 47 – paragraph 4

Articles 2(4), 35, and for the purposes referred to in Article 1(1)(c), Article 28(4), 30, 37 and 40 shall apply from the date referred to in Article 62(1) of Directive [2016/ …/EU]. Until this date Articles 2(4), 27(4), 29, 33, 35 and 37 of Regulation 603/2013 shall apply.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 47 – paragraph 5

Comparisons of facial images with the use of facial recognition software as set out in Articles 15 and 16 of this Regulation shall apply from the date upon which the facial recognition technology has been introduced into the Central System. Facial recognition software shall be introduced into the Central System [two years from the date of entry into force of this Regulation]. Until that day, facial images shall be stored in the Central System as part of the data-subject's data sets and transmitted to a Member State following the comparison of fingerprints where there is a hit result.deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 47 – paragraph 6

~~Member States shall notify the Commission and eu-LISA as soon as they have made the technical arrangements to transmit data to the Central System under Articles XX-XX , no later than […] .~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Article 47 – paragraph 7

~~This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Annex I

~~[...]~~deleted

2017/02/16
Committee: BUDG

Proposal for a regulation
Annex I – subheading 1

~~Correlation Table~~deleted

2017/02/16
Committee: BUDG