BETA

78 Amendments of Saskia BRICMONT related to 2016/0132(COD)

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;
2021/04/29
Committee: LIBE
Amendment 44 #
(4b) Furthermore, for the purposes of applying Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] it is necessary to flag whether, following security checks during screening, it appears that a person could pose a threat to internal security.’;deleted
2021/04/29
Committee: LIBE
Amendment 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
2021/04/29
Committee: LIBE
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.;
2021/04/29
Committee: LIBE
Amendment 60 #
(4) the following recital is inserted after recital 11: (11a) ‘For that purpose, it also necessary to clearly mark in Eurodac the fact that an application for international protection has been rejected where the third-country national or stateless person has no right to remain and has not been allowed to remain in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation].’;deleted
2021/04/29
Committee: LIBE
Amendment 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.';
2021/04/29
Committee: LIBE
Amendment 69 #
(24a) ‘For the purposes of this Regulation, it is recalled that a person should be considered to be illegally staying on the territory of the Member State of relocation if that person does not apply for international protection following relocation or does otherwise not fulfil or no longer fulfils the conditions of entry as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in the Member State of relocation.’;deleted
2021/04/29
Committee: LIBE
Amendment 76 #
(c) assist with the control of irregular immigration to the Union and with the detection of secondary movements within the Union and with the identification of illegally staying third-country nationals and stateless persons for determining the appropriate measures to be taken by Member States ;deleted
2021/04/29
Committee: LIBE
Amendment 84 #
(f) support the objectives ofinformation sharing with the European Travel Information and Authorisation System (‘ETIAS’) established by Regulation (EU) 2018/1240;
2021/04/29
Committee: LIBE
Amendment 87 #
(g) support the objectives ofinformation sharing with the Visa Information System (VIS) referred to in Regulation (EC) No 767/2008.
2021/04/29
Committee: LIBE
Amendment 90 #
2a. Collection and processing of personal data within Eurodac by competent authorities shall not result in discrimination against persons covered by Articles 10, 13, 14 and 14a on the grounds of sex and gender, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. This Regulation shall fully respect human dignity and the fundamental rights and principles recognised by the Charter of Fundamental Rights of the European Union, including the right to respect for one’s private life, to the protection of personal data, to asylum and to non- refoulement. Particular attention shall be paid to children, the elderly, persons with a disability, pregnant women, vulnerable persons and persons in need of international protection. The best interests of the child shall be a primary consideration when implementing this Regulation.
2021/04/29
Committee: LIBE
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);
2021/04/29
Committee: LIBE
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.;
2021/04/29
Committee: LIBE
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.
2021/04/29
Committee: LIBE
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.
2021/04/29
Committee: LIBE
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.
2021/04/29
Committee: LIBE
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.
2021/04/29
Committee: LIBE
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
2021/04/29
Committee: LIBE
Amendment 129 #
(c) the number of data sets transmitted on persons referred to in Articles 10(1), 13(1), 14(1) and 14a(1);
2021/04/29
Committee: LIBE
Amendment 131 #
(iii) who were illegally staying in a Member State,deleted
2021/04/29
Committee: LIBE
Amendment 136 #
(iii) who were illegally staying in a Member State;deleted
2021/04/29
Committee: LIBE
Amendment 142 #
(f) the number of hits for persons referred to in Article 14(1): (i) international protection was registered in another Member State, (ii) connection with the irregular crossing of an external border, (iii) who were illegally staying in a Member State, (iv) search and rescue operation;deleted for whom an application for who were apprehended in who were disembarked following a
2021/04/29
Committee: LIBE
Amendment 148 #
(iii) who were illegally staying in a Member State,deleted
2021/04/29
Committee: LIBE
Amendment 157 #
3. For the purpose of supporting the objective referred to in Article 1(c), eu- LISA shall produce monthly cross-system statistics. Those statistics shall not allow for the identification of individuals and will use data from Eurodac, the Visa Information System, ETIAS and the Entry/Exit System.deleted
2021/04/29
Committee: LIBE
Amendment 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.
2021/04/29
Committee: LIBE
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].
2021/04/29
Committee: LIBE
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.’;
2021/04/29
Committee: LIBE
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.
2021/04/29
Committee: LIBE
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.
2021/04/29
Committee: LIBE
Amendment 176 #
Where Article 3(1) of Regulation (EU) XXX/XXX [Screening Regulation] applies and the person applies for international protection during screening, for every applicant for international protection of at least six years of age, eachBiometric data of minors of at least six years of age shall only be collected, processed and stored in order to protect and identify children victims of trafficking in human beings and missing children, particularly in case of unaccompanied minors. Member States shall usetransmit the biometric data, taken during screening and transmit them togetherogether with the reasons justifying such collection and with the data referred to in Article 12 (c) to (p) of this Regulation to the Central System and to the CIR as appropriate in accordance with Article 4(2), no later than 72 hours from the registration of the application referred to in Article 27 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation]after the biometric data have been taken. 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 their age.
2021/04/29
Committee: LIBE
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].
2021/04/29
Committee: LIBE
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.
2021/04/29
Committee: LIBE
Amendment 183 #
Where a Member State becomes responsible because there are reasonable grounds to consider the applicant a danger to national security or public order of that Member State in accordance with Article 8(4) of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] it shall update its data set recorded pursuant to Article 12 of this Regulation regarding the person concerned by adding the Member State responsible.deleted
2021/04/29
Committee: LIBE
Amendment 187 #
Only the following data shall be recorded in the Central System and in the CIR as appropriatein accordance with article 4(2):
2021/04/29
Committee: LIBE
Amendment 189 #
(h) sexgender;
2021/04/29
Committee: LIBE
Amendment 192 #
(j) where available, a scanned colour copy of an identity or travel document along with an indication of its authenticity or, where unavailable, another document which facilitates the identification of the third-country national or stateless person along with an indication of its authenticity;deleted
2021/04/29
Committee: LIBE
Amendment 193 #
(na) in case of biometric data of minors, the reasons justifying their collection in accordance with Article 10(1);
2021/04/29
Committee: LIBE
Amendment 194 #
(o) date on which the data were transmitted to the Central System and to the CIR as appropriate;
2021/04/29
Committee: LIBE
Amendment 197 #
(v) the fact that the person could pose a threat to internal security following the screening referred to in Regulation (EU) No XXX/XXX [Screening Regulation] or following an examination pursuant Article 8(4) of Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management];deleted
2021/04/29
Committee: LIBE
Amendment 199 #
(x) where applicable, the fact that the application for international protection has been rejected where the applicant has no right to remain and has not been allowed to remain in a Member State pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation];deleted
2021/04/29
Committee: LIBE
Amendment 201 #
(z) where applicable, the fact that assistance for voluntary return and reintegration (AVRR) has been granted.deleted
2021/04/29
Committee: LIBE
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.
2021/04/29
Committee: LIBE
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:
2021/04/29
Committee: LIBE
Amendment 209 #
(h) sexgender;
2021/04/29
Committee: LIBE
Amendment 212 #
(j) where available, a scanned colour copy of an identity or travel document along with an indication of its authenticity or, where unavailable, another document which facilitates the identification of the third-country national or stateless person along with an indication of its authenticity;deleted
2021/04/29
Committee: LIBE
Amendment 213 #
(la) in case of biometric data of minors, the reasons justifying their collection in accordance with Article 10(1);
2021/04/29
Committee: LIBE
Amendment 214 #
(m) date on which the data were transmitted to the Central System and to the CIR as appropriate;
2021/04/29
Committee: LIBE
Amendment 215 #
(q) where applicable, the fact that assistance for voluntary return and reintegration (AVRR) has been granted,deleted
2021/04/29
Committee: LIBE
Amendment 220 #
(r) the fact that the person could pose a threat to internal security following the screening referred to in Regulation (EU) XXX/XXX [Screening Regulation].deleted
2021/04/29
Committee: LIBE
Amendment 223 #
[...]deleted
2021/04/29
Committee: LIBE
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.
2021/04/29
Committee: LIBE
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:
2021/04/29
Committee: LIBE
Amendment 235 #
(h) sexgender ;
2021/04/29
Committee: LIBE
Amendment 237 #
(j) where available, a scanned colour copy of an identity or travel document along with an indication of its authenticity or, where unavailable, another document which facilitates the identification of the third-country national or stateless person along with an indication of its authenticity;deleted
2021/04/29
Committee: LIBE
Amendment 238 #
(la) in case of biometric data of minors, the reasons justifying their collection in accordance with Article 10(1);
2021/04/29
Committee: LIBE
Amendment 239 #
(m) date on which the data were transmitted to the Central System and to the CIR as appropriate;
2021/04/29
Committee: LIBE
Amendment 240 #
(q) where applicable, the fact that assistance for voluntary return and reintegration (AVRR) has been granted,deleted
2021/04/29
Committee: LIBE
Amendment 241 #
(r) the fact that the person could pose a threat to internal security following the screening referred to in Regulation (EU) XXX/XXX [Screening Regulation].deleted
2021/04/29
Committee: LIBE
Amendment 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.
2021/04/29
Committee: LIBE
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.’;
2021/04/29
Committee: LIBE
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.;
2021/04/29
Committee: LIBE
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.;
2021/04/29
Committee: LIBE
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.
2021/04/29
Committee: LIBE
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).
2021/04/29
Committee: LIBE
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.
2021/04/29
Committee: LIBE
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).
2021/04/29
Committee: LIBE
Amendment 264 #
(23) in Article 21, the following paragraph is inserted: ‘ 1a. consulted the CIR in accordance with Article 22(1) of Regulation 2019/818, they may access Eurodac for consultation under the conditions foreseen in this Article where the reply received pursuant to Article 22(2) of Regulation (EU) 2019/818 indicates that data is stored in Eurodac.; ’deleted Where the designated authorities
2021/04/29
Committee: LIBE
Amendment 265 #
(24) in Article 22, the following paragraph 1a is inserted: ‘ 1a. in accordance with Article 22(1) of Regulation (EU) 2019/818, they may access Eurodac for consultation under the conditions foreseen in this Article where the reply received pursuant to Article 22(2) of Regulation (EU) 2019/818 indicates that data is stored in Eurodac.; ’deleted Where Europol consulted the CIR
2021/04/29
Committee: LIBE
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.;
2021/04/29
Committee: LIBE
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;
2021/04/29
Committee: LIBE
Amendment 269 #
(a) surname (family name), surname at birth, first name(s) (given name(s)), date of birth, place of birth, sexgender, current nationality;
2021/04/29
Committee: LIBE
Amendment 271 #
(e) Articles 12, 13, 14 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation].;
2021/04/29
Committee: LIBE
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];
2021/04/29
Committee: LIBE
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];;
2021/04/29
Committee: LIBE
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];;
2021/04/29
Committee: LIBE
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].;
2021/04/29
Committee: LIBE
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.’;
2021/04/29
Committee: LIBE
Amendment 281 #
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) 182/2011 shall apply. 3. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) 182/2011 shall apply. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.Article 41a deleted Committee Procedure
2021/04/29
Committee: LIBE