[ParlTrack]

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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 throu~~t authorisation.~~ghout.)

2017/03/03
Committee: LIBE

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a regulation
Article 2 – paragraph 3

3. ~~Member States may introduce administrative sanctions, in accordance with their national law, for~~In 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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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 o~~r facial image of a minor or vulnerable~~f 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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

(d) 'i~~llegal~~rregular 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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN, Dennis de JONG

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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~~14 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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

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

2017/03/03
Committee: LIBE

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a regulation
Chapter 3 – title

~~THIRD-COUNTRY NATIONALS OR STATELESS PERSONS APPREHENDED IN CONNECTION WITH THE IRREGULAR CROSSING OF AN EXTERNAL BORDER~~deleted

2017/03/03
Committee: LIBE

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a regulation
Article 13

~~[...]~~deleted

2017/03/03
Committee: LIBE

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Proposal for a regulation
Chapter 4 – title

THIRD-COUNTRY NATIONALS OR STATELESS PERSONS FOUND I~~LLEGAL~~RREGULARLY STAYING IN A MEMBER STATE

2017/03/03
Committee: LIBE

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

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

2017/03/03
Committee: LIBE

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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 ILLEGAL~~IRREGULARLY STAYING IN THE TERRITORY OF A MEMBER STATE

2017/03/03
Committee: LIBE

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN, Dennis de JONG

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN, Dennis de JONG

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

Malin BJÖRK, Barbara SPINELLI, Marina ALBIOL GUZMÁN

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

34 Amendments of Marina ALBIOL GUZMÁN related to 2016/0132(COD)

ParlTrack - 2011-2024