7 Amendments of Carlos COELHO related to 2016/0132(COD)
Amendment 82 #
Proposal for a regulation
Recital 12
Recital 12
(12) National authorities in the Member States experience difficulties in identifying illegally staying third-country nationals who use deceptive means to avoid their identification and to frustrate the procedures for re-documentation in view of their return and readmission. It is therefore essential to ensure that information on third-country nationals or stateless persons who are found to be staying illegally in the EU are collected and transmitted to Eurodac and are compared also with those collected and transmitted for the purpose of establishing the identity of applicants for international protection and of third- country nationals apprehended in connection with the unlawful crossing of the external borders of the Union, in order to facilitate their identification and re- documentation and to ensure their return and readmission, and to reduce identity fraud. It should also contribute to reducing the length of the administrative procedures necessary for ensuring return and readmission of illegally staying third- country nationals, including the period during which they may be kept in administrative detention awaiting removal. It should also allow identifying third countries of transit, where the illegally staytng third-country national may be readmitted. This is without prejudice to the Schengen Information System (SIS), which remains the fundamental system to ensure cooperation and information exchange on return.
Amendment 87 #
Proposal for a regulation
Recital 13
Recital 13
(13) In its Conclusions of 8 October 2015 on the future of return policy, the Council endorsed the initiative announced by the Commission to explore an extension of the scope and purpose of Eurodac to enable the use of data for return purposes27 . Member States should have the necessary tools at their disposal to be able to detect illegal migration to and secondary movements by the identification of illegally staying third- country nationals in the Union. Therefore, the data in Eurodac should be available, subject to the conditions set out in this Regulation, for comparison by the designated authorities of the Member States. _________________ 27 EU Action Plan on return, COM(2015) 453 final.
Amendment 96 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) The Commission proposal1a amending SIS in the field of border checks opens the possibility for using the search with fingerprints in SIS to make immediately available the identity and the status of third-country nationals subject to return decisions. Member States should establish as closely as possible the contact points handling Eurodac comparisons and the national contact points handling supplementary information to SIS. _________________ 1a COM 2016(882) final
Amendment 112 #
Proposal for a regulation
Recital 26
Recital 26
(26) The best interests of the minor should be a primary consideration for Member States when applying this Regulation. Where the requesting Member State establishes that Eurodac data pertain to a child, these data may only be used for law enforcement purposes by the requesting Member State, to ensure access to protection systems and to trace missing children in accordance with that State's laws applicable to minors and in accordance with the obligation to give primary consideration to the best interests of the child.
Amendment 148 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) assist with the control of illegal immigration to and secondary movements within the Union and with the identification of illegally staying third- country nationals for determining the appropriate measures to be taken by Member States, including removal and repatriation of persons residing without authorisation.
Amendment 179 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Taking fingerprints and facial images of minors from the age of six shall be carried out in a child-friendly and child- sensitive manner by officials trained specifically to enrol minor's fingerprints and facial images. The minor shall be informed in an age-appropriate manner using leaflets and/or infographics and/or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors in a language they can understand 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.
Amendment 190 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Without prejudice to paragraph 3 of this Article, where enrolment of the fingerprints or facial image is not possible from third-country nationals who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face, the authorities of that Member State shall not use sanctions to coerce the taking of fingerprints or a facial image. A Member State may attempt to re- take the fingerprints or facial image of a minor or vulnerable person who refuses to comply, where the reason for non- compliance is not related to the conditions of the fingertips or facial image or the health of the individual and where it is duly justified to do so. Where a minor, in particular an unaccompanied or separated minor refuses to give their fingerprints or a facial image and there are reasonable grounds to suspect that there are child safeguarding or protection risks, the minor shall be referred to the national child protection authorities and /or national referral mechanisms.