[ParlTrack]

Proposal for a regulation
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 78 (2)(d) and (e), 79(2)(c), 87(2)(a) and 88(2)(a) thereof,

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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 and of Regulation XXX/XXX establishing a Union Resettlement Framework, it is necessary to establish the identity of applicants for international protection, of persons for whom Member States intend to launch a resettlement procedure and of persons apprehended in connection with the unlawful crossing of the external borders of the Union24 . It is also desirable, in order effectively to apply Regulation (EU) No […/…], and in particular Articles[..] and [..]) thereof, to allow each Member State to check whether a third- country national or stateless person found illegally staying on its territory has applied for international protection in another Member State. _________________ 24 See page 31 of this Official Journal.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Recital 4 a (new)

(4a) It is necessary, for the purposes of the implementation of Regulation XXX/XXX establishing a Union Resettlement Framework, for all Member States to register in Eurodac information on third-country nationals and stateless persons for whom they intend to conduct a resettlement procedure, in accordance with Article 10(2) of that Regulation.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Recital 4 b (new)

(4b) The registration in Eurodac is designed to ensure that persons for whom a Member State intends to conduct a resettlement procedure enjoy the same level of protection and the same rights applicable to other applicants for, and beneficiaries of, international protection as regards the processing of their data. This should also enable Member States to verify whether or not a third-country national or stateless person has already been resettled in another Member State by virtue of Regulation XXX/XXX. If they have, then the Member State of resettlement can be established and any secondary movements monitored;

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Recital 6 a (new)

(6a) The European Agency for the operational management of large- scale IT systems in the area of freedom, security and justice (eu-LISA) should conduct a study to ascertain whether the combinations of biometric identifiers in the EU’s various justice and home affairs databases need to be harmonised and, more specifically, whether Eurodac should limit its identification data to four fingerprints and a facial image, like the entry/exit system provided for in Regulation (EU) .../... of the European Parliament and of the Council.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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 non- refoulement, refugee protection and human rights obligations, and in compliance with the provisions of Directive 2008/115/EC26 , is an essential part 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.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Recital 11 a (new)

(11a) With a view to stepping up cooperation between Member States in managing irregular migration, illegally staying nationals should give the name of the removal measure taken by the Member State which entered the data in Eurodac instead of the asylum request number.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Recital 12 a (new)

(12a) Member States could allow a reasonable deadline of 15 days after the end of authorised stays for fulfilling their obligations under Article 14 in respect of illegally staying third-country nationals who entered by legally crossing the external border of the Schengen area.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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), the Entry/Exit System and the Visa Information Systems (VIS), and examine if there is a need to revise the legal framework for law enforcement access to EURODAC. _________________ 28 COM(2016) 205 final

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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 with Regulation XXX/XXX establishing a Union Resettlement Framework and Regulation (EU) No […/…], this Regulation includes in its scope applicants for subsidiary protection and persons eligible for subsidiary protection ~~in its scope~~ , as well as persons granted international protection on the basis of resettlement under Regulation XXX/XXX. _________________ 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).

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Recital 24

(24) It is also necessary to require the Member States promptly to take and transmit the ~~fingerprint~~biometric data of every applicant for international protection, of every third-country national or stateless person for whom they intend to conduct a resettlement procedure under Regulation XXX/XXX 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.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Hilde VAUTMANS, Petr JEŽEK

Proposal for a regulation
Recital 25

(25) In ~~view of~~order to protect and identify children who are the victims of human trafficking, who have gone missing or who have been kidnapped, and with a view to 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.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Recital 30

(30) Member States should ~~refer to~~abide by 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 ,– annexed hereto – 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. _________________ 34 COM(2015) 150 final, 27.5.2015 COM(2015) 150 final, 27.5.2015

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Recital 32 a (new)

(32a) The data on third country nationals and stateless persons resettled in a Member State by virtue of Regulation XXX/XXX should be kept for a period of 10 years. This is the period already applicable in the case of other applicants and beneficiaries of international protection.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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 interoperability with other information systems, and of the Member States, as regards data processing, data security, access to, and correction of recorded data.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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 and third-country nationals and stateless persons for whom Member States intend to conduct a resettlement procedure under Regulation XXX/XXX 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 or the Member State of resettlement; the details of the identity or travel document; ; the place and date of application for international protection or resettlement; 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.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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 […/…] , without prejudice to the provisions relating to the application of Regulation XXX/XXX;

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)

(aa) facilitate the implementation of Regulation XXX/XXX in accordance with the relevant provisions of that Regulation.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Article 1 – paragraph 1 – point nouveau c a (new)

(ca) protect and identify children who are the victims of human trafficking or abuse, who have gone missing or have been kidnapped, and to establish children's identity and help Member States locate their family members or identify links that they may have with Member States in the best interests of such children.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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 Articles 10(1), 12(a), 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 and in accordance with the provisions and guarantees laid down in the Annex to this Regulation.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Hilde VAUTMANS, Petr JEŽEK

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 and gender-sensitive manner by officials trained specifically to enrol minor's fingerprints and facial images. The minor shall be informed orally, in a language he/she understands, 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.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Hilde VAUTMANS, Petr JEŽEK

Proposal for a regulation
Article 2 – paragraph 5

5. The taking of fingerprints or a facial image shall be performed with full respect for human dignity. 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 an, follow the common approach set out in Annex 1a to this Regulation and be conducted 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.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)

(aa) 'third-country national or stateless person for whom a Member State intends to conduct a resettlement procedure' means a third-country national or stateless person in respect of whom a Member State has initiated a resettlement procedure under Article 10(2) of Regulation XXX/XXX

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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

(ia) in relation to a person covered by Article 12a, the Member State which transmits the personal data to the Central System and receives the results of the comparison;

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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 12a, Article 13(2) and Article 14(2) ;

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Article 3 – paragraph 1 – point o a (new)

(oa) 'stateless person' means a person who is not considered to be a national of any state under the operation of its law.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Louis MICHEL

Proposal for a regulation
Article 4 – paragraph 4

4. Data on persons covered by Articles 10(1), 12a, 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.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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

Eu-LISA shall be permitted to use real personal data of the Eurodac production system for testing purposes, in accordance with the provisions of Regulation (EU)2016/679, in the following circumstances:

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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. Eu- Lisa shall ensure that the relevant guarantees are provided in respect of the accessing of data by external contractors, in accordance with the provisions of Articles 24 and 28 of Regulation (EU) 2016/679.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Article 5 – paragraph 3 – point c a (new)

(ca) interoperability with other information systems.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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), 12a, 13(1) and 14(1);

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK, Hilde VAUTMANS

Proposal for a regulation
Chapter 2 a (new)

CHAPTER IIa: THIRD-COUNTRY NATIONALS OR STATELESS PERSONS FOR WHOM A MEMBER STATE INTENDS TO CONDUCT A RESETTLEMENT PROCEDURE Article 12a: Collection and transmission of fingerprints and facial image data 1. Each Member States shall promptly take the fingerprints of all fingers and record a facial image of every third- country national or stateless person of at least six years of age for whom it intends to conduct a resettlement procedure and shall, as soon as possible following the registration of that person as defined in Article 10(2) of Regulation XXX/XXX, transmit them, together with the other data referred to in Article 10 of that Regulation, to the Central System. Non-compliance with the time-scale for the taking of all the fingerprints and the recording of the facial image 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, facial image or both of a third-country national or stateless person for whom a Member State intends to conduct a resettlement procedure 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, facial image or both as soon as possible and no later than 48 hours after those health grounds no longer prevail. 3. The fingerprints, facial images and other data referred to in Article 10(2) of Regulation XXX/XXX may also be taken and transmitted by experts from the European Asylum Agency (EUAA) when performing tasks pursuant to the EUAA Regulation. Article 12b Recording of data 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 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;

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK, Hilde VAUTMANS

Proposal for a regulation
Article 13 – paragraph 2 – point i a (new)

(ia) return decision taken, or removal order issued, by the Member State of origin;

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK, Hilde VAUTMANS

Proposal for a regulation
Article 14 – paragraph 2 – point i a (new)

(ia) return decision taken, or removal order issued, by the Member State of origin;

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK, Hilde VAUTMANS

Proposal for a regulation
Article 14 – paragraph 2 a (new)

2a. Member States may waive the obligations laid down in paragraphs 1 and 2 of this Article in respect of illegally residing third-country nationals who entered by legally crossing the external border of the Schengen area and have overstayed the legal period of residence by no more than 15 days.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Chapter 5 – title

PROCEDURE FOR COMPARISON OF DATA FOR APPLICANTS FOR INTERNATIONAL PROTECTION, THIRD-COUNTRY NATIONALS AND STATELESS PERSONS FOR WHOM A MEMBER STATE INTENDS TO CONDUCT A RESETTLEMENT PROCEDURE AND THIRD-COUNTRY NATIONALS APPREHENDED CROSSING THE BORDER IRREGULARLY OR ILLEGALLY STAYING IN THE TERRITORY OF A MEMBER STATE

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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 Articles 10(1), 12a, 13(1) and 14(1) .

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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 Articles 12, 12b, 13(2) and 14(2) along with, where appropriate, the mark referred to in Article 19(1) (3a) and (4) . Where a negative hit result is received, the data referred to in Articles 12, 12b, 13(2) and 14(2) shall not be transmitted.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Article 16 – paragraph 3

(3) 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 Articles 10(1), 12a, 13(1) and 14(1) with the exception of those transmitted in accordance with Article 11(b) and (c).

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Article 16 – paragraph 5

(5) 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 Articles 12, 12b, 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 Articles 12, 12b, 13(2) and 14(2) shall not be transmitted.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Article 17 – paragraph 1 a (new)

1a. For the purposes of Article 12a, each set of data concerning a person for whom a Member State intends to conduct a resettlement procedure shall be kept in the Central System for 10 years starting from the date on which the fingerprints were taken in the case of a positive decision on the resettlement of the person concerned.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Article 17 – paragraph 1 b (new)

1b. In the event of non-completion of a resettlement procedure, Member States shall delete from Eurodac the data they have registered in accordance with Article 10(2) of Regulation XXX/XXX.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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) and (1a), (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.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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 Articles 10(1), 12a, 13(1) or 14(1) .

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Article 19 – paragraph 3 a (new)

3a. For the purposes laid down in Article 1(1)(a), the Member State of origin which issued a positive resettlement decision in respect of a third-country national or stateless person by virtue of Regulation XXX/XXX 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(1a) for the purpose of transmission under Articles 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 12a. Those Member States of origin shall also mark the corresponding data sets.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Article 19 – paragraph 3 b (new)

3b. In the event of the non-completion of a resettlement procedure initiated in respect of a third-country national or a stateless person under Regulation XXX/XXX, the Member State concerned shall delete from Eurodac the data registered in accordance with Article 10(2) of that Regulation.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Article 19 – paragraph 3 c (new)

3c. The data of beneficiaries of international protection resettled in a Member State and marked pursuant to paragraph 3a 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 person concerned was resettled. Where there is a hit, the Central System shall transmit the data referred to in Article 12 (b) to (l) 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.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Article 19 – paragraph 3 d (new)

3d. 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 3a or 4 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].

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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), 12a, 13 (1) and 14(1) .

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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

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

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Article 25 – paragraph 2

2. Member States shall transmit the data referred to in Article 12, Article 12a, Article 13(2) and Article 14(2) electronically. The data referred to in Article 12, Article 12a, 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.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Article 25 – paragraph 3

3. The reference number referred to in Articles 12(i), 12a, 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 Articles 10(1), 12a, 13(1) or 14(1).

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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, and “6” to persons referred to in Article 12a.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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) (aa) and (b) of this Regulation, final identification shall be made by the Member State of origin in cooperation with the other Member States concerned.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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), (aa) and (b) of this Regulation, final identification shall be made by the Member State of origin in cooperation with the other Member States concerned.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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), (aa) 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.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Article 29 – paragraph 3

3. For the purposes laid down in Article 1(1)(a), (aa) 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.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Article 30 – paragraph 1 – introductory part

1. A person covered by Articles 10(1), 12a, 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:

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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, where applicable, of the aims of Regulation XXX/XXX and an explanation in intelligible form of the fact that Eurodac may be accessed by the Member States and Europol for law enforcement purposes;

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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

(d) in relation to a person covered by Articles 10(1) or, 12a, 13(1) or 14(1) , the obligation to have his or her fingerprints taken;

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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

In relation to a person covered by Articles 10(1) or, 12a, 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.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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

Where a person covered by Article 10(1), 12a, Article 13(1) and Article 14(1) is a minor, Member States shall provide the information in an age-appropriate manner.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Article 31 – paragraph 1

1. For the purposes laid down in Article 1(1)(a), (aa) 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 .

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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), (aa) and (b) , including their transmission to the Central System.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK, Hilde VAUTMANS

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 [(EU) 2016/..~~/EU~~] ] and Regulation 2016/679.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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) or Article 12a, particularly where that country is also the applicant's country of origin.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK, Hilde VAUTMANS

Proposal for a regulation
Article 40 – paragraph 2 a (new)

2a. Ultimate responsibility for the processing of personal data shall lie with the Member States, which are considered to be ‘controllers’ within the meaning of Regulation (EU) 2016/679.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK, Hilde VAUTMANS

Proposal for a regulation
Article 42 – paragraph 2 a (new)

2a. eu-LISA shall establish a secure communication channel between the EES Central System and the Eurodac Central System to enable interoperability between them. The two systems need to be connected in order for the biometric data of a third-country national registered in the EES to be transferred to Eurodac where registration of that biometric data is laid down in this Regulation.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

4a. In 2020 at the latest, eu-LISA shall conduct a study to ascertain whether the combinations of biometric identifiers in the EU’s various databases need to be harmonised and whether Eurodac should limit its identification data to four fingerprints and a facial image, like the entry/exit system provided for in Regulation (EU) .../... of the European Parliament and of the Council.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

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], without prejudice to the provisions of Regulation XXX/XXX.

2017/03/03
Committee: LIBE

Gérard DEPREZ, Louis MICHEL, Petr JEŽEK

Proposal for a regulation
Annex I a (new)

Annexe Ia: Common approach on Implementation of the Eurodac Regulation as regards obligation to take fingerprints In cases where a Eurodac data-subject does not initially cooperate in the process of being fingerprinted, all reasonable and proportionate steps shall be taken to compel such cooperation. To that end, and in order to ensure that Union law is respected, Member States shall follow the approach set out below: 1. The Member State shall inform the data-subject of the obligation to be fingerprinted under Union law, and can explain to him/her that it is in his/her interests to fully and immediately cooperate and provide his/her fingerprints. In particular, it can be explained to the data-subject that, if he/she applies for asylum in another Member State, according to the Regulation (EU) [.../...] of the European Dublin Regulation) it is possible to use either fingerprints or other circumstantial evidence as a basis for effecting his/her transfer to the Member State that is responsible for his/her asylum application. The Member State can also explain to the data-subject that, if he/she subsequently applies for asylum, there will likewise be an obligation to be fingerprinted. 2. If a data-subject who has not applied for asylum continues to refuse to cooperate in being fingerprinted, he/she can be considered to be an irregular migrant and Member States may consider, where other less coercive alternatives to detention cannot be applied effectively, detaining him/her according to the provisions of Article 15 of Directive 2008/115/EC of the European Parliament and of the Council (the Return Directive). For as long as a data-subject refuses to cooperate in the initial identification process, including in the taking of his/her fingerprints as required by Union law and/or national law, it is not normally possible to conclude whether or not there is a realistic prospect of his/her return being carried out and, as such, Member States may consider, where other less coercive alternatives to detention cannot by applied effectively, resorting to detention under the terms of the Return Directive. 3. In cases where the data-subject has applied for asylum and refuses to cooperate in being fingerprinted, Member States may consider detaining him/her in order to determine or verify his or her identity or nationality, including by the taking of his/her fingerprints as required by Union law in accordance with the Directive (EU) .../... (Reception Conditions Directive). 4. If the Member State concerned has provided for the possibility of accelerated and/or border procedures in its national legal framework, the Member States can inform the asylum applicant that under Article 23(4)(m) of the current Asylum Procedures Directive (2005/85) or under Article 31(8)(i) of the recast Asylum Procedures Directive (to be transposed by 20 July 2015), their request for international protection may be subject to an accelerated and/or border procedure if they refuse to cooperate in being fingerprinted. The Member State can further explain that the consequence of their asylum application being dealt with via such an accelerated and/or border procedure could be that the application, following an adequate and complete examination of its merits, may be considered as manifestly unfounded. Such a finding could, if provided for in the national law of the Member State and in line with Union and international law, result in a significant limitation of the rejected applicant's right to remain on the territory pending an appeal against the rejection, and may result in him/her being returned before the appeal has been decided Furthermore, Member States can explain that, in such circumstances, an order to return may be accompanied by an Union-wide entry ban of up to five years. 5. The data-subject shall only be detained for as short a time as possible and necessary, as stipulated by Union law. 6. Irrespective of whether or not it is decided to detain the data-subject, Member States shall provide information and counselling to explain to the data- subject his/her rights and obligations (including the right to an effective remedy) either as an irregular migrant or as an asylum seeker. This shall include an explanation of the Dublin Regulation and could include use of the common leaflets under [Annex X to XII of the Commission Implementing Regulation (EU) No Dublin Regulation shall include elements that might be relevant should the data- subject apply for asylum, such as the rules on family reunification. 7. If the initial counselling does not succeed, the Member State may consider resorting, in full respect of the principle of proportionality and the Charter of Fundamental Rights of the European Union, to coercion as a last resort. If a Member States chooses to do this the data-subject shall be informed that coercion may be used in order to take his/her fingerprints. If the data-subject still refuses to cooperate officials trained in the proportionate use of coercion may apply the minimum level of coercion required, while ensuring respect of the dignity and physical integrity of the data- subject, as specified in an approved procedure for taking fingerprints. This procedure shall include a clear explanation to the data-subject of the steps the official intends to take in order to compel cooperation. The official shall demonstrate that there was no other practicable alternative measure to using reasonable coercion. A case-by-case assessment shall always be made of whether there is no such alternative, taking into account the specific circumstances and vulnerabilities of the person concerned. Member States may consider that it is never appropriate to use coercion to compel the fingerprinting of certain vulnerable persons, such as minors or pregnant women. If some degree of coercion is used for vulnerable persons it shall be ensured that the procedure used is specifically adapted to such persons. The use of coercion shall always be recorded and a record of the procedure shall be retained for as long as necessary in order to enable the person concerned to legally challenge the actions of the authority. 8. Member States shall make an effort to avoid fingerprinting migrants twice. Therefore, Member States may consider carrying out identification for Asylum/Dublin purposes and identification of irregular migrants under national law for return and other lawful purposes, which are not incompatible with the Asylum/Dublin ones, within one act ("uno actu"), thereby limiting the burden for both the administration and the migrants. Member States shall have systems in place in order to be able to use the same set of fingerprints both for storage in their national AFIS and for transmitting to the Eurodac Central System. The identification and fingerprinting shall take place as early as possible in the procedure. 9. In cases where an applicant has damaged his/her fingertips or otherwise made it impossible to take the fingerprints (such as via the use of glue), and where there is a reasonable prospect that within a short period of time it will be possible to take such fingerprints, Member States may consider that is it necessary that he/she be kept in detention until such time as his/her fingerprints can be taken. Attempts to re-fingerprint data-subjects shall take place at regular intervals. 10. Following the successful taking of fingerprints, the data-subject shall be released from detention unless there is a specific reason as specified in the Return Directive or under the Union asylum legislation to detain them further.

2017/03/03
Committee: LIBE

71 Amendments of Gérard DEPREZ related to 2016/0132(COD)

ParlTrack - 2011-2024