Activities of Saskia BRICMONT 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)
Amendments (78)
Amendment 41 #
(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 asit is also necessary to register third-country nationals or stateless persons disembarked following search and rescue operations as a separate category in Eurodac. In order to give proper consideration to 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.ondition of particular vulnerability of persons disembarked following a search and rescue operation and to effectively apply Member States obligation to carry out appropriate vulnerability assessments, including specific circumstances of the disembarkation and taking into account the physical and mental health of people disembarked, additional safeguards should be put in place before proceeding to any collection, processing and transmission of biometric data;
Amendment 44 #
Amendment 51 #
(5a) ‘It is also necessary to introduce provisions that would ensure the functioning of that system within Following the adoption of the interoperability framework established by Regulations (EU) 2019/81725 and 2019/81826 of the European Parliament and of the Council. , provisions to ensure the functioning of that system may be deemed necessary. In that regard, it is very important to ensure principles of proportionality and necessity are upheld, and authorities of Member States and the Union bodies continue to be able to see only the data that is relevant for the performance of their specific tasks, even if the data are accessible through different databases. __________________ 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
Amendment 56 #
(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.’delegated powers should be conferred on the Commission.;
Amendment 60 #
Amendment 65 #
(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.’ Member States authorities and Union bodies should be able to see only the personal data that are strictly relevant for the performance of their tasks, even if the data are linked in a sequence. The retention period of each dataset is not affected.';
Amendment 69 #
Amendment 76 #
Amendment 84 #
(f) support the objectives ofinformation sharing with the European Travel Information and Authorisation System (‘ETIAS’) established by Regulation (EU) 2018/1240;
Amendment 87 #
(g) support the objectives ofinformation sharing with the Visa Information System (VIS) referred to in Regulation (EC) No 767/2008.
Amendment 90 #
Amendment 98 #
(q) “identity data” means the data referred to in Article 12(c) to (f) and (h), Article 13(2) (c) to (f) and (h), Article 14(2) (c) to (f) and (h) and Article 14a(c) to (f) and (h);
Amendment 100 #
(r) “dataset” means the set of information recorded in Eurodac on the basis of Articles 12, 13, 14 or 14a, 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.;
Amendment 105 #
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), Article 14(2) (a) to (f), (h) and (i) and Article 14a(a) to (f), (h) and (i). The remaining Eurodac data listed in articles 12, 13 and 14a shall be stored in the Central System.
Amendment 109 #
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 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 a link shall immediately be deleted from the CIR and the Central System once the data related to the data- subject are erased from Eurodac. The comparison of fingerprints shall be checked and confirmed by a fingerprint expert in accordance with Article 26. If there is no certainty on the result obtained, the margin of appreciation should always benefit the applicant. When the receiving Member State confirms the hit, it shall send a notification to eu-LISA that will confirm the linking. The linking does not modify the access to Eurodac data by national competent authorities and EU agencies and bodies as foreseen by this Regulation, that shall be limited to the extent that the data are required for the performance of their tasks in accordance with those purposes, and proportionate to the objectives pursued.
Amendment 118 #
For the purpose of carrying out the verifications referred to in Article 20(2)(k) of Regulation (EU) 2018/1240, the 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, in a read-only format, using the correspondences listed in the table in Annex II of this Regulation.
Amendment 121 #
2. For the purposes of Article 1(1)(f), the ETIAS National Units, shall have temporary access to and may consult the Eurodac, in a read-only format, for the purpose 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.
Amendment 123 #
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 Council 30 a, the competent visa authorities shall have temporary access to Eurodac to consult data in a read- only format. __________________ 30a Regulation (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. 1–58
Amendment 129 #
(c) the number of data sets transmitted on persons referred to in Articles 10(1), 13(1), 14(1) and 14a(1);
Amendment 131 #
Amendment 136 #
Amendment 142 #
Amendment 148 #
Amendment 157 #
Amendment 161 #
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 examinationCross-system statistics should not be used in connection to individuals nor allow for their identification and cannot be used to deny access to EU territory. The statistics and the data, producedure referred to in Article 41a(2) for the purposes of paragraph 3 and 4, shall not be used in the framework of any algorithm included in the EU JHA large-scale IT systems.
Amendment 165 #
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 and shall, upon request, make them available to a Member State, to the European Parliament, and to the [European Union Agency for Asylum].
Amendment 169 #
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.’;
Amendment 171 #
6a. To ensure the accuracy of data collected and quality of statistics produced, the production of statistical data should be accompanied by strict rules requiring the rectification of incorrect data by Member States within specific deadlines.
Amendment 173 #
1. Each Member State shall take the biometric data of every applicant for international protection of at least six years of age during the screening as referred to in Regulation (EU) XXX/XXX [Screening Regulation] or, where 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]eighteen years of age and shall, as soon as possible and no later than 72 hours after the biometric data 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). No force or coercion shall be used to ensure the taking of applicant’s biometric data.
Amendment 176 #
Amendment 180 #
3. Where requested by the Member State concerned, the biometric data may also be taken and transmitted on behalf of that Member State by specifically trained 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].
Amendment 182 #
4a. The biometric data of minors from the age of six shall be taken by officials trained specifically to take a minor's biometric data in a child-friendly and child-sensitive manner and in full respect of the best interests of the child and the safeguards laid down in the United Nations Convention on the Rights of the Child. The minor shall be accompanied by, where present, an adult family member while his or her biometric data are taken. An unaccompanied minor shall be accompanied by a guardian, representative or, where a representative has not been designated, a person trained to safeguard the best interests of the minor and his or her general wellbeing, while his or her biometric data are taken. Such a trained person shall not be the official responsible for taking the biometric data, shall act independently and shall not receive orders either from the official or the service responsible for taking the biometric data.
Amendment 183 #
Amendment 187 #
Only the following data shall be recorded in the Central System and in the CIR as appropriatein accordance with article 4(2):
Amendment 189 #
(h) sexgender;
Amendment 192 #
Amendment 193 #
(na) in case of biometric data of minors, the reasons justifying their collection in accordance with Article 10(1);
Amendment 194 #
(o) date on which the data were transmitted to the Central System and to the CIR as appropriate;
Amendment 197 #
Amendment 199 #
Amendment 201 #
Amendment 205 #
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. No force or coercion shall be used to ensure the taking of applicant’s biometric data. Biometric data of minors of at least six years of age, shall only be collected, processed and stored, in accordance with the requirements of Article 10(5), in order to protect and identify children victims of trafficking in human beings and missing children, particularly in case of unaccompanied minors. The “benefit of the doubt” in favour of the minor always applies when a person’s age is unclear or contested and no supporting documentation exists that proves his or her age.
Amendment 207 #
2. The Member State concerned shall, as soon as possible and no later than 72 hours after the date of apprehension, transmit to the Central System and to the CIR as appropriatein accordance with article 4(2) the following data in relation to any third- country national or stateless person, as referred to in paragraph 1, who is not turned back:
Amendment 209 #
(h) sexgender;
Amendment 212 #
Amendment 213 #
(la) in case of biometric data of minors, the reasons justifying their collection in accordance with Article 10(1);
Amendment 214 #
(m) date on which the data were transmitted to the Central System and to the CIR as appropriate;
Amendment 215 #
Amendment 220 #
Amendment 223 #
Amendment 232 #
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 disembarked following a search and rescue operation as defined in Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management]. No force or coercion shall be used to ensure the taking of applicant’s biometric data. Member States shall take into account the specific situation of vulnerable persons within the meaning of Article 21 of Directive 2013/33/EU during the collection of biometric data that shall be made by personnel adequately trained in noticing signs that a person may be traumatised, and/or a victim of torture, trafficking in human beings, sexual or gender-based violence, or other serious crime. Biometric data of minors of at least six years of age, shall only be collected, processed and stored, in accordance with the requirements of article 10(5), in order to protect and identify children victims of trafficking in human beings and missing children, particularly in case of unaccompanied minors. The “benefit of the doubt” in favour of the minor always applies when a person’s age is unclear or contested and no supporting documentation exists that proves his or her age.
Amendment 234 #
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 in accordance with article 4(2), the following data in relation to any third- country national or stateless person, as referred to in paragraph 1:
Amendment 235 #
(h) sexgender ;
Amendment 237 #
Amendment 238 #
(la) in case of biometric data of minors, the reasons justifying their collection in accordance with Article 10(1);
Amendment 239 #
(m) date on which the data were transmitted to the Central System and to the CIR as appropriate;
Amendment 240 #
Amendment 241 #
Amendment 246 #
1. As soon as the Member State of relocation is obliged to relocate the person concerned 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 of this Regulation relating to the person concerned by adding the Member State of relocation.
Amendment 248 #
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.’;
Amendment 250 #
3a. For the purposes laid down in 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 first taken.;
Amendment 252 #
(4) Upon expiry of the data storage periods referred to in paragraphs (1) to (3a) of this Article, the data of the data-subjects shall be deleted from the Central System and from the CIR as appropriate.;
Amendment 254 #
1. For the purposes laid down in Article 1(1)(a), 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 shall mark the relevant data in conformity with the requirements for electronic communication with the Central System established by eu- LISA. That mark shall be stored in the Central System in accordance with Article 17(1) for the purpose of transmission under Article 15 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), or 14a(1). Those Member States of origin shall also mark the corresponding data sets.
Amendment 256 #
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 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).
Amendment 259 #
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 14a(1). Those Member States of origin shall also mark the corresponding data sets.
Amendment 262 #
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 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).
Amendment 264 #
Amendment 265 #
Amendment 266 #
3a. Access for the purposes of consulting the Eurodac data stored in the CIR shall be granted to the duly authorised staff of the competent national authorities of each Member State and to the duly authorised staff of the Union bodies competent for the purposes laid down in Articles 20 and 21 of Regulation (EU) 2019/818. That access shall be limited to the extent necessary for the performance of the tasks of those national authorities and Union bodies in accordance with those purposes and shall be proportionate to the objectives pursued.;
Amendment 267 #
(26a) in Article 30(1) the following points (ca) and (cb) are inserted: (ca) the possibility to have his or her datasets registered in Eurodac all linked in a sequence, in accordance with Article 4(6); (cb) the storage in the system of a security flag indicating the fact that the person could pose a threat to internal security according to Articles 12(v), 13(2)(r), 14(2)(s) and 14a(2)(r), including the competent authority which has conducted the security check and the one, if different, which has made the assessment, the reasoning for the introduction of security flag and the indication of the information system that has generated a match, for the purpose of ensuring their rights of access to, rectification, completion, erasure and restriction of the processing of personal data and the right to effective remedy;
Amendment 269 #
(a) surname (family name), surname at birth, first name(s) (given name(s)), date of birth, place of birth, sexgender, current nationality;
Amendment 271 #
(e) Articles 12, 13, 14 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation].;
Amendment 273 #
a) the data referred to in Article 12, points (a) to (f), (h) and (i), Article 13(2), points (a) to (f), (h) and (i), Article 14(2), points (a) to (f), (h) and (i) and Article 14a, points (a) to (f), (h) and (i) of Regulation (EU) XXX/XXX [Eurodac Regulation];
Amendment 274 #
(aa) a data set is transmitted to Eurodac in accordance with Articles 10, 13, 14 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation];;
Amendment 275 #
(aa) surname(s); forename(s); name(s) at birth, previously used names and aliases; date of birth, place of birth, nationality(ies) and sexgender as referred to in Article 12 to 14a of Regulation (EU) XXX/XXX [Eurodac Regulation];;
Amendment 277 #
Persons whose data are recorded in the Eurodac shall be informed about the processing of personal data for the purposes of this Regulation in accordance with paragraph 1 when a new data set is transmitted to Eurodac in accordance with Articles 10, 12, 13, 14 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation].;
Amendment 278 #
Without prejudice to Article 31 of Regulation (EC) No 767/2008, Articles 25 and 26 of Regulation (EU) 2016/794, 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.’;
Amendment 281 #