BETA

Activities of Malin BJÖRK related to 2016/0132(COD)

Shadow reports (1)

REPORT on the proposal for a regulation of the European Parliament and of the Council on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of [Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person], for identifying an illegally staying third-country national or stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes (recast)
2017/06/09
Committee: LIBE
Dossiers: 2016/0132(COD)
Documents: PDF(1 MB) DOC(191 KB)
Authors: [{'name': 'Jorge BUXADÉ VILLALBA', 'mepid': 197829}]

Amendments (106)

Amendment 38 #
Proposal for a regulation
The European Parliament rejects the Commission proposal.
2021/04/29
Committee: LIBE
Amendment 40 #
(4a) Moreover, for the purposes of effectively applying Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] and in accordance with the rules thereof, it is necessary to clearly mark in Eurodac the fact that there has been a shift of responsibility between Member States, including in cases of relocation. Furthermore, in order to reflect accurately the obligations Member States have to conduct search and rescue operations and to help these Member States with the specific challenges they face as they cannot apply to persons disembarked following such operations the same tools as for irregular crossings by land or air, it is also necessary to register third-country nationals or stateless persons disembarked following search and rescue operations as a separate category in Eurodac.
2021/04/29
Committee: LIBE
Amendment 43 #
(4b) Furthermore, for the purposes of applying Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] it is necessary to flag whether, following security checks during screening, it appears that a person could pose a threat to internal security.’;deleted
2021/04/29
Committee: LIBE
Amendment 50 #
(5a) It is also necessary to introduce provisions that would ensure that the functioning of that system within the interoperability framework established by Regulations (EU) 2019/81725 and 2019/818 26 of the European Parliament and of the Council is conducted under the provisions of the current Regulation in compliance with Regulation 2016/679 on General Data Protection and notably the principles of necessity, proportionality and purpose limitation. In addition, it is necessary to introduce clear provisions by which the designated national authorities of the Member States as well as the Union bodies which have access to Eurodac, would only be able to see the data which are strictly relevant for the performance of their specific task. __________________ 25Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA, OJ L 135, 22.5.2019, p. 27- 84 26Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816, OJ L 135, 22.5.2019, p. 85–135
2021/04/29
Committee: LIBE
Amendment 53 #
(5b) Furthermore, it is necessary to introduce the provisions that would frame the access of European Travel Information and Authorization System (ETIAS) national units and of competent visa authorities to Eurodac in accordance with Regulation (EU) 2018/124027 and (EC) 767/200828 of the European Parliament and of the Council. __________________ 27Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226, OJ L 236, 19.9.2018, p. 1–71 28Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation), OJ L 218, 13.8.2008, p. 60–81deleted
2021/04/29
Committee: LIBE
Amendment 55 #
(5c) Likewise, for the purpose of managing irregular migration, it is necessary to allow eu-LISA to produce cross-system statistics using data from Eurodac, the Visa Information System, ETIAS and the Entry/Exit System. In order to specify the content of these cross- system statistics, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers.’;. In order to specify the content of these statistics, delegated powers should be conferred on the Commission.
2021/04/29
Committee: LIBE
Amendment 61 #
the following recital is inserted after recital 11: (11a) ‘For that purpose, it also necessary to clearly mark in Eurodac the fact that an application for international protection has been rejected where the third-country national or stateless person has no right to remain and has not been allowed to remain in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation].’;deleted
2021/04/29
Committee: LIBE
Amendment 64 #
(14) ‘Moreover, in order for Eurodac to effectively assist with the control of irregular migration and with the detection of secondary movements within the EU, it is necessary to allow the system to count applicants in addition to applications by linking all sets of data corresponding to one person, regardless of their category, in one sequence.’;deleted
2021/04/29
Committee: LIBE
Amendment 70 #
(24a) ‘For the purposes of this Regulation, it is recalled that a person should be considered to be illegally staying on the territory of the Member State of relocation if that person does not apply for international protection following relocation or does otherwise not fulfil or no longer fulfils the conditions of entry as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in the Member State of relocation.’;deleted
2021/04/29
Committee: LIBE
Amendment 74 #
(b) assist with the purpose of identifying secondary movements of resettled third-country nationals in the application of Regulation (EU) XXX/XXX [Resettlement Regulation] under the conditions set out in this Regulation;
2021/04/29
Committee: LIBE
Amendment 75 #
(c) assist with the control of irregular immigration to the Union and with the detection of secondary movements within the Union and with the identification of illegally staying third-country nationals and stateless persons for determining the appropriate measures to be taken by Member States ;deleted
2021/04/29
Committee: LIBE
Amendment 80 #
(d) lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of biometric or alphanumeric 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
2021/04/29
Committee: LIBE
Amendment 81 #
(e) assist in the correct identification of persons registered in Eurodac under the conditions and for the objectives referred to in Article 20 of Regulation (EU) 2019/818 by storing identity data, travel document data and biometric data in the common identity repository (CIR) established by that Regulation;deleted
2021/04/29
Committee: LIBE
Amendment 82 #
(f) support the objectives of the European Travel Information and Authorisation System (‘ETIAS’) established by Regulation (EU) 2018/1240;deleted
2021/04/29
Committee: LIBE
Amendment 85 #
(g) support the objectives of the Visa Information System (VIS) referred to in Regulation (EC) No 767/2008.deleted
2021/04/29
Committee: LIBE
Amendment 91 #
2a. Collection and processing of personal data within Eurodac by competent authorities shall not result in discrimination against persons covered by Articles 10, 13, 14 and 14a on the grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation or gender expression. This Regulation shall fully respect human dignity and the fundamental rights and principles recognised by the Charter of Fundamental Rights of the European Union, including the right to respect for one’s private life, to the protection of personal data, to asylum, to non- refoulement and the prohibition of torture, inhuman or degrading treatment. Particular attention shall be paid to children, the elderly, persons with a disability and persons in need of international protection. The best interests of the child shall be a primary consideration.
2021/04/29
Committee: LIBE
Amendment 93 #
(a) in point (b) of paragraph 1, the following point (iv) is added: ‘ (iv) Article 14a(1), the Member State which transmits the personal data to the Central System and to the Common Identity Repository and receives the results of the comparison;; ’deleted in relation to a person covered by
2021/04/29
Committee: LIBE
Amendment 94 #
(a) point (aa) is added in paragraph 1: (aa) 'resettled third-country national or stateless person’ means a third-country national or stateless person who, following a resettlement procedure in accordance with national law or with [Regulation XXX/XXX], arrives on the territory of the Member State of resettlement.
2021/04/29
Committee: LIBE
Amendment 95 #
(b) in paragraph 1, the following points (p), (q), (r) and (ra) are added:
2021/04/29
Committee: LIBE
Amendment 97 #
(q) “identity data” means the data referred to in Article 12(c) to (f) and (h), Article 13(2) (c) to (f) and (h), and Article 143(2) (c) to (f) and (h) and Article 14a(c) to (f) and (h);
2021/04/29
Committee: LIBE
Amendment 99 #
(r) “dataset” means the set of information recorded in Eurodac on the basis of Articles 12, 13, 14 or 14a3, corresponding to one set of fingerprints of a data subject and composed of biometric data, and alphanumeric data and, where available, a scanned colour copy of an identity or travel document.;
2021/04/29
Committee: LIBE
Amendment 101 #
(ra) “child” means every human being below the age of eighteen years as defined in the Convention on the Rights of the Child as adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 and entered into force 2 September 1990.
2021/04/29
Committee: LIBE
Amendment 103 #
2. The CIR shall contain the data referred to in Article 12, points (a) to (f), (h) and (i), Article 13(2) (a) to (f), (h), and (i), and Article 143(2) (a) to (f), (h) and (i) and Article 14a(a) to (f), (h), and (i). The remaining Eurodac data shall be stored in the Central System.
2021/04/29
Committee: LIBE
Amendment 106 #
4. Each Member State shall have a single National Access Point. Europol shall have a single Europol access point.
2021/04/29
Committee: LIBE
Amendment 108 #
5. Data on persons covered by Articles 10(1), 13(1), 14(1) and 14a3(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.
2021/04/29
Committee: LIBE
Amendment 110 #
6. All datasets registered in Eurodac corresponding to the same third country national or stateless person shall be linked in a sequence. Where a search is launched with the fingerprints in the dataset of a third-country national or stateless person and a hit is obtained against at least one other set of fingerprints in another dataset corresponding to that same third country national or stateless person, Eurodac shall automatically link those datasets on the basis of the fingerprints comparison. If necessary, tThe comparison of fingerprints shall be checked and confirmed by a fingerprint expert in accordance with Article 26. When the receiving Member State confirms the hit, it shall send a notification to eu-LISA that will confirm the linking. The linking of datasets shall in no circumstances prolong the data storage referred to in Articles 17 and 18 of this Regulation beyond the prescribed period for each specific set of data, that cannot exceed five years from the date on which the biometric data were first taken. The existence of the link should be automatically deleted once the record is deleted and it should not be visible to competent national authorities or EU bodies. When Member States designated authorities and EU bodies query the CIR or the Eurodac Central System they shall only have the right to access the data strictly necessary for conducting their specific tasks even if those are linked with other records in the sequence.
2021/04/29
Committee: LIBE
Amendment 115 #
1. this Regulation], the Central System of Eurodac shall be connected to the European search portal referred to in Article 6 of Regulation (EU) 2019/818 in order to enable the automated processing referred to in Article 11 of Regulation (EU) 2018/1240. 2. to in Article 11 of Regulation (EU) 2018/1240 shall enable the verifications provided for in Article 20 and the subsequent verifications of Articles 22 and 26 of that Regulation. For the purpose of carrying out the verifications referred to in Article 20(2)(k) of Regulation (EU) 2018/1240, ‘Article 8a deleted Interoperability withe ETIAS Central System shall use the European search portal, to compare the data in ETIAS with the data in Eurodac collected on the basis of Articles 12, 13, 14 and 14a of this Regulation corresponding to individuals having left or having been removed from the territory of the Member States in compliance with a return decision or removal order and using the correspondences listed in the table in Annex II of this Regulation. The verifications shall be without prejudice to the specific rules provided for in Article 24(3) of Regulation (EU) 2018/1240.From [the date of application of The automated processing referred
2021/04/29
Committee: LIBE
Amendment 119 #
Conditions for access to Eurodac for the manual processing by ETIAS National 1. ETIAS National Units shall be carried out by means of the same alphanumerical data as those used for the automated processing referred to in Article 8a. 2. the ETIAS National Units, shall have access to and may consult the Eurodac, in a read-only format, fArticle 8b deleted Units Consultation of Eurodac by For the purposes of examining applications for travel authorisation. In particular, the ETIAS National Units may consult the data referred to in Articles 12, 13, 14 and 14a. 3. pursuant to paragraphs 1 and 2 of this Article the result of the assessment shall be recorded only in the ETIAS application files.Article 1(1)(f), Following consultation and access
2021/04/29
Committee: LIBE
Amendment 122 #
Access to Eurodac by the competent visa For the purpose of manually verifying hits triggered by the automated queries carried out by the Visa Information System in accordance with Articles [9a and 9c] of Regulation (EC) No 767/2008 and examining and deciding on visa applications in accordance with Article 21 of Regulation (EC) No 810/2009 of the European Parliament and of the Council30 , the competent visa authorities shall have access to Eurodac to consult data in a read-only format. __________________ 30Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1–58rticle 8c deleted authorities
2021/04/29
Committee: LIBE
Amendment 124 #
Interoperability with the Visa Information From the [date of application of the Regulation (EU) XXX/XXX amending the VIS Regulation], as provided for in Article [9] of that Regulation, Eurodac shall be connected to the European search portal referred to in Article 6 of Regulation (EU) 2019/817 in order to enable the automated processing referred to in Article [9a] of Regulation (EC) No 767/2008 in order to query Eurodac and compare the relevant data in the Visa Information System with the relevant data in Eurodac. The verifications shall be without prejudice to the specific rules provided for in Article 9(b) of Regulation 767/2008.’;Article 8d deleted System
2021/04/29
Committee: LIBE
Amendment 128 #
(c) the number of data sets transmitted on persons referred to in Articles 10(1), 13(1), 14(1) and 14a3(1) ;
2021/04/29
Committee: LIBE
Amendment 130 #
(iii) who were illegally staying in a Member State,deleted
2021/04/29
Committee: LIBE
Amendment 133 #
(iv) who were disembarked following a search and rescue operation;deleted
2021/04/29
Committee: LIBE
Amendment 137 #
(iii) who were illegally staying in a Member State;deleted
2021/04/29
Committee: LIBE
Amendment 139 #
(iv) who were disembarked following a search and rescue operation;deleted
2021/04/29
Committee: LIBE
Amendment 143 #
(f) the number of hits for persons referred to in Article 14(1): (i) international protection was registered in another Member State, (ii) connection with the irregular crossing of an external border, (iii) who were illegally staying in a Member State, (iv) who were disembarked following a search and rescue operation;deleted for whom an application for who were apprehended in
2021/04/29
Committee: LIBE
Amendment 145 #
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 wideleted (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throut authorisation.ghout.)
2017/03/03
Committee: LIBE
Amendment 147 #
(g) the number of hits for persons referred to in Article 14a(1): (i) international protection was registered, (ii) connection with the irregular crossing of an external border, (iii) who were illegally staying in a Member State, (iv) search and rescue operation;deleted for whom an application for who were apprehended in who were disembarked following a
2021/04/29
Committee: LIBE
Amendment 152 #
(i) the number of data sets marked and unmar, blocked, unmarked and unblocked in accordance with Article 19(1), (2), (3) and (4);
2021/04/29
Committee: LIBE
Amendment 155 #
Proposal for a regulation
Article 1 – paragraph 1 – point 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 (This amendment applies throughout the text. Adopting it necessities corresponding changes throughout.)
2017/03/03
Committee: LIBE
Amendment 155 #
2. The monthly statistical data for persons referred to in paragraph 1(a) to (n) shall be published each month. At the end of each year, the yearly statistical data for persons referred to in paragraph 1(a) to (n) shall be published by eu-LISA. The statistical data shall be broken down by Member State. The statistical data for persons referred to in paragraph 1 (c) shall, where possible, be broken down by year of birth and sex. All data for persons shall be anonymised and the production of statistical data shall be conditioned upon provisions on the possible rectification of incorrect data.
2021/04/29
Committee: LIBE
Amendment 158 #
3. For the purpose of supporting the objective referred to in Article 1(c), eu- LISA shall produce monthly cross-system statistics. Those statistics shall not allow for the identification of individuals and will use data from Eurodac, the Visa Information System, ETIAS and the Entry/Exit System.deleted
2021/04/29
Committee: LIBE
Amendment 162 #
These statistics shall be made available to the Commission, to the European Parliament, to the [European Union Agency for Asylum], to the European Border and Coast Guard Agency and to the Member States. The Commission shall, by means of implementingdelegated acts, specify the content of the monthly cross-system statistics. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41a(2)statistics.
2021/04/29
Committee: LIBE
Amendment 164 #
4. At the request of the Commission, eu-LISA shall provide it with statistics on specific aspects related to the application of this Regulation as well as the statistics pursuant to paragraph 1. The Commission shall make them available to the European Parliament and shall, upon request, make them available to a Member State and to the [European Union Agency for Asylum].
2021/04/29
Committee: LIBE
Amendment 166 #
Proposal for a regulation
Article 2 – title
Obligation to take fingerprints and a facial image(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2017/03/03
Committee: LIBE
Amendment 168 #
6. Access to the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/818 shall be granted to eu-LISA, to the Commission, to the [European Union Agency for Asylum] and to the authorities designated by each Member State in accordance with Article 28(2). Access may also be granted to authorised users of other Justice and Home Affairs Agencies if such access is relevant for the implementation of their tasks.’;
2021/04/29
Committee: LIBE
Amendment 171 #
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.
2017/03/03
Committee: LIBE
Amendment 172 #
1. Each Member State shall take the biometric data of every applicant for international protection of at least sixeighteen years of age during the screening asupon the registration of the application for international protection referred to in Article 27 of Regulation (EU) No XXX/XXX [Screening Regulation] or, whAsylum Procedure Regulation] and shall, as soon as possible and no later than 72 hours aftere the biometric data could not be taken during the screening or where the applicant was not subject to screening, upon the registration of the application for international protection referred to in Article 27 of Regulation (EU) No XXX/XXX [Asylum Procedure Regulation] and shall, as soon as have been taken , transmit them together with the data referred to in Article 12 (c) to (p) of this Regulation to the Central System and to the CIR as appropriate in accordance with Article 4(2). Member States shall, at all times, respect the dignity and physical integrity of all the applicants, regardless of age, during the fingerprinting procedure and when capturing a facial image and shall not use coercion to compel the taking of biometric data. In the case of taking biometric data of children, this has to be done in full respect of the best interests of the child under the principles established by the United Nations Convention on the Rights of the Child, in a child-friendly and child- appropriate and gender-appropriate manner by officials specifically trained. The child shall be informed in an age- appropriate manner, both orally and in writing, using leaflets and infographics and demonstrations specifically designed in a language he or she can understand. The child shall be accompanied by a resposnsible and no later than 72 hours after tdult or legal guardian throughout the time his or her biometric data have been taken , transmit them together with the data referred to in Article 12 (c) to (p)are taken. At all times Member States shall respect the dignity and physical integrity of the child during the taking of biometric data. The use of coercion to compel the taking of tchis Regulation to the Central System and to the CIR as appropriate in accordance with Article 4(2). ldren’s biometrics and detention of children shall be prohibited. This and the next paragraph are to be considered as horizontal for all cases of taking of biometric data.
2021/04/29
Committee: LIBE
Amendment 175 #
Where Article 3(1) of Regulation (EU) XXX/XXX [Screening Regulation] applies and the person applies for international protection during screening, for every applicant for international protection of at least six years of age, each Member State shall use the biometric data taken during screening and transmit them together with the data referred to in Article 12 (c) to (p) of this Regulation to the Central System and to the CIR as appropriate in accordance with Article 4(2), no later than 72 hours from the registration of the application referred to in Article 27 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation].deleted
2021/04/29
Committee: LIBE
Amendment 179 #
3. Where requested by the Member State concerned, the biometric data may also be taken and transmitted on behalf of that Member State by members of the European Border and Coast Guard Teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with Regulation (EU) 2019/1896 and Regulation (EU) XXX/XXX [EU Agency for Asylum Regulation].
2021/04/29
Committee: LIBE
Amendment 182 #
Proposal for a regulation
Article 2 – paragraph 3
3. Member States may introduce administrative sanctions, in accordance with their national law, forIn cases of 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, Member States shall offer further counselling and information regarding the fingerprinting procedure, the rights of the person concerned and the possible implications of non-compliance.
2017/03/03
Committee: LIBE
Amendment 184 #
Where a Member State becomes responsible because there are reasonable grounds to consider the applicant a danger to national security or public order of that Member State in accordance with Article 8(4) of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] it shall update its data set recorded pursuant to Article 12 of this Regulation regarding the person concerned by adding the Member State responsible.deleted
2021/04/29
Committee: LIBE
Amendment 186 #
4. Where paragraphs 1 or 3 of this Article or Article 19(6) apply, the Central System shall, as soon as possible and no later than within 72 hours, inform all Member States of origin of the transmission of such 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), 14(1) or 14a3(1). Those Member States of origin shall also update the Member State responsible in their corresponding data sets.’;
2021/04/29
Committee: LIBE
Amendment 189 #
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 States 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 vulnerablef a 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, and it shall be done in an age- appropriate manner as provided for in Article 2(2). 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, as assessed by an official trained specifically to deal with minors, the minor shall be referred to the national child protection authorities and /or national referral mechanisms.
2017/03/03
Committee: LIBE
Amendment 191 #
(j) where available, a scanned colour copy of an identity or travel document along with an indication of its authenticity or, where unavailable, another document which facilitates the identification of the third-country national or stateless person along with an indication of its authenticity;deleted
2021/04/29
Committee: LIBE
Amendment 195 #
(v) the fact that the person could pose a threat to internal security following the screening referred to in Regulation (EU) No XXX/XXX [Screening Regulation] or following an examination pursuant Article 8(4) of Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management];deleted
2021/04/29
Committee: LIBE
Amendment 198 #
(x) where applicable, the fact that the application for international protection has been rejected where the applicant has no right to remain and has not been allowed to remain in a Member State pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation];deleted
2021/04/29
Committee: LIBE
Amendment 199 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
(d) 'illegalrregular 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; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2017/03/03
Committee: LIBE
Amendment 200 #
(z) where applicable, the fact that assistance for voluntary return and reintegration (AVRR) has been granted.deleted
2021/04/29
Committee: LIBE
Amendment 202 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
(i) 'Europol' means the European Police Office established by Decision 2009/371/JHA;deleted
2017/03/03
Committee: LIBE
Amendment 202 #
2. A data set pursuant to paragraph 1 is considered created for the purpose of Article 27(1) of Regulation (EU) 818/2019 when all the data in points (a) to (f) and (h) are recorded.’;ll persons registered in Eurodac shall be informed of the storage of their data and the flags relating to them in accordance to the right of information and in order to exercise their right to rectification or erasure.
2021/04/29
Committee: LIBE
Amendment 203 #
(16a) Article 12 b is added: Article 12 b Recording of data for resettled third country nationals Only the following data shall be recorded in the Central System: (a) fingerprint data taken upon arrival to the EU territory; (b) a facial image taken upon arrival to the EU territory; (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 resettlement, place and date of the registration; (g) sex; (h) where applicable, the 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.
2021/04/29
Committee: LIBE
Amendment 204 #
1. Each Member State shall promptly take the biometric data of every third- country national or stateless person of at least sixeighteen 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. Member States shall, at all times, respect the dignity and physical integrity of all the applicants, regardless of age, during the fingerprinting procedure and when capturing a facial image and shall not use coercion to compel the taking of biometric data. In the case of taking biometric data of children, this has to be done in full respect of the best interests of the child under the principles established by the United Nations Convention on the Rights of the Child, in a child-friendly and child- appropriate and gender-appropriate manner by officials specifically trained. The child shall be informed in an age- appropriate manner, both orally and in writing, using leaflets and infographics and demonstrations specifically designed in a language he or she can understand. The child shall be accompanied by a responsible adult or legal guardian throughout the time his or her biometric data are taken. At all times Member States shall respect the dignity and physical integrity of the child during the taking of biometric data. The use of coercion to compel the taking of children’s biometrics and detention of children shall be prohibited.
2021/04/29
Committee: LIBE
Amendment 205 #
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
2017/03/03
Committee: LIBE
Amendment 207 #
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
2017/03/03
Committee: LIBE
Amendment 210 #
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
2017/03/03
Committee: LIBE
Amendment 211 #
(j) where available, a scanned colour copy of an identity or travel document along with an indication of its authenticity or, where unavailable, another document which facilitates the identification of the third-country national or stateless person along with an indication of its authenticity;deleted
2021/04/29
Committee: LIBE
Amendment 214 #
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
2017/03/03
Committee: LIBE
Amendment 216 #
(q) where applicable, the fact that assistance for voluntary return and reintegration (AVRR) has been granted,deleted
2021/04/29
Committee: LIBE
Amendment 219 #
(r) the fact that the person could pose a threat to internal security following the screening referred to in Regulation (EU) XXX/XXX [Screening Regulation].deleted
2021/04/29
Committee: LIBE
Amendment 221 #
7. Where requested by the Member State concerned, the biometric data may also be taken and transmitted on behalf of that Member State by members of the European Border and Coast Guard Teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with Regulation (EU) 2019/1896 and Regulation (EU) XXX/XXX [EU Agency for Asylum Regulation].
2021/04/29
Committee: LIBE
Amendment 224 #
[...]deleted
2021/04/29
Committee: LIBE
Amendment 225 #
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 PoinArticle 7 deleted law enforcement purposes (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2017/03/03
Committee: LIBE
Amendment 229 #
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 operaArticle 8 deleted Europol (This amendment applies throughout the text. Adopting 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. will necessitate corresponding changes throughout.)
2017/03/03
Committee: LIBE
Amendment 231 #
(19) the following Chapter is inserted after Article 14: ‘CHAPTER IV a third-country nationals or stateless persons disembarked following a search and rescue operation Article 14a Collection and transmission of biometric data 1. Each Member State shall promptly take the biometric data of every third-country national or stateless person of at least six years of age who is disembarked following a search and rescue operation as defined in Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management]. 2. The Member State concerned shall, as soon as possible and no later than 72 hours after the date of disembarkation, transmit to the Central System and to the CIR, as appropriate, 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) date of birth; (f) place of birth; (g) date of disembarkation; (h) sex; (i) of identity or travel document; three letter code of the issuing country and expiry date; (j) copy of an identity or travel document alodeleted (This amendment applies throughout the text. Adopting with an indication of its authenticity or, where unavailable, another document which facilitates the identification of the third-country national or stateless person along with an indication of its authenticity; (k) reference number used by the Member State of origin; (l) date on which the biometric data were taken; (m) date on which the data were transmitted to the Central System and to the CIR as appropriate; (n) operator user ID; (o) where applicable in accordance with paragraph 6, the date when the person concerned left or was removed from the territory of the Member States; (p) the Member State of relocation in accordance with Article 14b(1); (q) where applicable, the fact that assistance for voluntary return and reintegration (AVRR) has been granted, (r) a threat to internal security following the screening referred to in Regulation (EU) XXX/XXX [Screening Regulation]. 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 biometric data to the to the CIR. 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 disembarked 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. 5. By way of derogation from paragraph 1, where it is not possible to take the biometric data of the disembarked 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 biometric data 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. 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. 7. Where requested by the Member State concerned, the biometric data may also be taken and transmitted on behalf of that Member State by members of the European Border and Coast Guard Teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with Regulation(EU) 2019/1896 and Regulation (EU) XXX/XXX [EU Agency for Asylum Regulation]. 8. Each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in Article 4(6). 9. A data set pursuant to paragraph 1 is considered created for the purpose of Article 27(1) of Regulation (EU) 818/2019 when all the data in points (a) to (f) and (h) are recorded.’; will necessitate corresponding changes throughout.) Member State of origin, place and where available, type and number where available, a scanned colour the fact that the person could pose
2021/04/29
Committee: LIBE
Amendment 239 #
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 ;
2017/03/03
Committee: LIBE
Amendment 242 #
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 ;
2017/03/03
Committee: LIBE
Amendment 244 #
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 ;
2017/03/03
Committee: LIBE
Amendment 245 #
1. As soon as the Member State of relocation is obliged to relocate the person concerdetermined pursuant to Article 57(7) of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management], the benefiting Member State shall update its data set recorded pursuant to Articles 12, 13, 14 or 14a 3of this Regulation relating to the person concerned by adding the Member State of relocation.
2021/04/29
Committee: LIBE
Amendment 247 #
2. When a person arrives in the Member State of relocation following the confirmation by the Member State of relocation to relocate the person concerned pursuant to Article 57(7) of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management], that Member State shall send a data set recorded in conformity with Articles 12 or 14 of this Regulation relating to the person concerned and shall include his or her date of arrival. The data set shall be stored in accordance with Article 17 (1) for the purpose of transmission under Articles 15 and 16.’;
2021/04/29
Committee: LIBE
Amendment 249 #
(a) the following paragraph 3a is inserted: ‘ 3a. Article 14a(1), each set of data relating to a third-country national or stateless person as referred to in Article 14a(2) shall be stored in the Central System and in the CIR as appropriate for five years from the date on which his or her biometric data were taken.; ’deleted For the purposes laid down in
2021/04/29
Committee: LIBE
Amendment 251 #
(aa) the following paragraph 1a is inserted: '1a. For the purposes laid down in Article 12a, each set of data relating to a resettled third-country national or stateless person shall be kept in the Central System for five years from the date on which the fingerprints were taken.'
2021/04/29
Committee: LIBE
Amendment 253 #
1. For the purposes laid down in Article 1(1)(a) and 1(1)(b), the Member State of origin which granted international protection to a person whose data were previously recorded in the Central System and in the CIR as appropriate pursuant to Article 12 or 12a 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) and 17(1a) 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 Article 10(1), 13(1), 14(1),2(b) or 14a3(1) . Those Member States of origin shall also mark the corresponding data sets.
2021/04/29
Committee: LIBE
Amendment 254 #
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 six14 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. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2017/03/03
Committee: LIBE
Amendment 255 #
2. The data of beneficiaries of international protection stored in the Central System and in the CIR as appropriate and marked pursuant to paragraph 1 of this Article shall not be made available for comparison for the purposes laid down in Article 1(1)(d) until such data is automatically erased from the Central System and from the CIR as appropriate in accordance with Article 17(4). . The Central System shall automatically block such data from being transmitted in the even of a request for comparisons for the purposes laid down in Article 1(1)(d), 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.
2021/04/29
Committee: LIBE
Amendment 257 #
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 withdrawnrevoked or ended or the renewal of his or her status is refused under [Articles 14 or 2019 of Regulation No (EU) XXX/XXX [Qualification RegulationDirective 2011/95/EU].
2021/04/29
Committee: LIBE
Amendment 258 #
4. For the purposes laid down in Article 1(1)(a) and (c), the Member State of origin which issued a residence document to an illegally staying third- country national or stateless person whose data were previously recorded in the Central System and in the CIR as appropriate pursuant to Article 13 (2) and 14(2) or to a third-country national or stateless person disembarked following a search and rescue operation whose data were previously recorded in the Central System and in the CIR as appropriate pursuant to Article 14a(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), (3) and (3a) 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 10(1), 13(1), 14(1), or 14a3(1). Those Member States of origin shall also mark the corresponding data sets.
2021/04/29
Committee: LIBE
Amendment 259 #
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
2017/03/03
Committee: LIBE
Amendment 261 #
5. The data of illegally staying third- country nationals or stateless persons stored in the Central System and in the CIR and marked pursuant to paragraph 4 of this Article shall not be made available for comparison for the purposes laid down in Article 1(1)(d) until such data is automatically erased from the Central System and from the CIR in accordance with Article 17 (4)The Central System shall automatically block such data from being transmitted in the even of a request for comparisons for the purposes laid down in Article 1(1)(d), 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.
2021/04/29
Committee: LIBE
Amendment 263 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
(b) a facial image;deleted
2017/03/03
Committee: LIBE
Amendment 273 #
Proposal for a regulation
Chapter 3 – title
THIRD-COUNTRY NATIONALS OR STATELESS PERSONS APPREHENDED IN CONNECTION WITH THE IRREGULAR CROSSING OF AN EXTERNAL BORDERdeleted
2017/03/03
Committee: LIBE
Amendment 274 #
Proposal for a regulation
Article 13
[...]deleted
2017/03/03
Committee: LIBE
Amendment 279 #
Without prejudice to Article 31 of Regulation (EC) No 767/2008, Articles 25 and 26 of Regulation (EU) 2016/794, and Articles 37 and 38 of Regulation (EU) XXX/XXX [Eurodac Regulation], Article 41 of Regulation (EU) 2017/2226, Article 65 of Regulation (EU) 2018/1240 and the querying of Interpol databases through the ESP in accordance with Article 9(5) of this Regulation which comply with the provisions of Chapter V of Regulation (EU) 2018/1725 and Chapter V of Regulation (EU) 2016/679, personal data stored in, processed or accessed by the interoperability components shall not be transferred or made available to any third country, to any international organisation or to any private party.’;
2021/04/29
Committee: LIBE
Amendment 280 #
1. by a committee. That committee shall be a committee within the meaning of Regulation (EU) 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) 182/2011 shall apply. 3. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) 182/2011 shall apply. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.Article 41a deleted Committee Procedure The Commission shall be assisted
2021/04/29
Committee: LIBE
Amendment 292 #
Proposal for a regulation
Chapter 4 – title
THIRD-COUNTRY NATIONALS OR STATELESS PERSONS FOUND ILLEGALRREGULARLY STAYING IN A MEMBER STATE
2017/03/03
Committee: LIBE
Amendment 295 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
1a. With a view to checking whether a third-country national or a stateless person found irregularly staying within its territory has previously lodged an application for international protection in another Member State, a Member State may transmit to the Central System any fingerprint data relating to fingerprints which it may have taken of any such third-country national or stateless person of at least 14 years of age together with the reference number used by that Member State.
2017/03/03
Committee: LIBE
Amendment 296 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
(b) a facial image;deleted
2017/03/03
Committee: LIBE
Amendment 307 #
Proposal for a regulation
Chapter 5 – title
PROCEDURE FOR COMPARISON OF DATA FOR APPLICANTS FOR INTERNATIONAL PROTECTION AND THIRD-COUNTRY NATIONALS APPREHENDED CROSSING THE BORDER IRREGULARLY OR ILLEGALIRREGULARLY STAYING IN THE TERRITORY OF A MEMBER STATE
2017/03/03
Committee: LIBE
Amendment 308 #
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) .
2017/03/03
Committee: LIBE
Amendment 317 #
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
2017/03/03
Committee: LIBE
Amendment 377 #
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 (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2017/03/03
Committee: LIBE
Amendment 398 #
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
2017/03/03
Committee: LIBE
Amendment 422 #
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. For the purposes laid down in Article 1(1), in each Member State, any person may request that data which are factually inaccurate be corrected or that data recorded unlawfully be erased. The correction and erasure shall be carried out without excessive delay by the Member State which transmitted the data, in accordance with its laws, regulations and procedures.
2017/03/03
Committee: LIBE
Amendment 430 #
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.
2017/03/03
Committee: LIBE
Amendment 436 #
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
2017/03/03
Committee: LIBE
Amendment 448 #
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
2017/03/03
Committee: LIBE