Activities of Isabel SANTOS 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 (72)
Amendment 39 #
Proposal for a regulation
Title 1
Title 1
Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the establishment of 'Eurodac' for the comparison of biometric data for the effective application of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] and of Regulation (EU) XXX/XXX [Resettlement Regulation], for identifying an illegalrregularly 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 and amending Regulations (EU) 2018/1240 and (EU) 2019/818
Amendment 45 #
Amendment 52 #
(5a) ‘It is also necessary to introduce provisions that would ensure the functioning of that system within the interoperability framework established by Regulations (EU) 2019/81725 and 2019/81826 of the European Parliament and of the Council. , while ensuring that access rights for the relevant authorities remain governed by the underlying legal instruments. __________________ 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 57 #
(5c) Likewise, fFor the purpose of managing irregular migration, it is necessary to allow eu-LISAand providing useful statistics to policy makers to encourage evidence- based policy making, eu-LISA shall be able 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.’;
Amendment 62 #
(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].’;
Amendment 68 #
Amendment 77 #
(c) assist with the controlsupervision of irregular immigration to the Union and with the detection of secondary movements within the Union and with the identification of illegalrregularly staying third- country nationals and stateless persons for determining the appropriate measures to be taken by Member States ;
Amendment 83 #
Amendment 86 #
Amendment 88 #
(ga) gather statistics on persons seeking international protection, on persons arriving irregularly in the Union, on persons disembarked in the Union following search and rescue operations, on persons arriving for the purposes of resettlement or humanitarian admission, and on persons granted and refused international protection in order to support evidence-based Union asylum and migration policy making.
Amendment 89 #
2. Without prejudice to the processing of data intended for Eurodac by the Member State of origin in databases set up under the latter's national law, biometric data and other personal dataBiometric data and other personal data collected for Eurodac may be processed in Eurodac only for the purposes set out in this Regulation, in Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] and in Regulation (EU) XXX/XXX [Resettlement Regulation] .’;
Amendment 92 #
2a. This Regulation shall be implemented in full compliance with the Charter of Fundamental Rights, including the right to respect for one’s private life and to the protection of personal data. In that respect, processing of personal data shall not lead to discrimination on the grounds of gender, race, colour, ethnic or social origin, property, birth, disability, age or sexual orientation.
Amendment 96 #
(p) “CIR” means the common identity repository as defined in Article 17 of Regulation (EU) 2019/818 which shall replace the central system of Eurodac to the extent that it stores the personal data referred to in Article 18 of that Regulation;
Amendment 102 #
(c) the common identity repository (CIR) as referred to in Article 17(2) of Regulation 2019/818 that shall replace the Central System to the extent that it stores the personal data referred to in Article 18 of that Regulation;
Amendment 104 #
2. The CIR shall contain the personal 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 shall be stored in the Central System.
Amendment 107 #
5. DBiometric data on persons covered by Articles 10(1), 13(1), 14(1) and 14a(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 in accordance with Regulation (EU) 2016/679, Regulation (EU) 2018/1725 or Directive (EU) 2016/680 as appropriate, and shall be separated by appropriate technical means.
Amendment 111 #
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, the comparison of fingerprints shall be checked and confirmed by a fingerprint expert in accordance with Article 26However, its access from both the designated Member States authorities and the European Union authorized agencies must be strictly regulated, in order to effectively safeguard a person’s right to privacy and to data protection. Hence, such access shall, namely, be limited in time and restricted to the data relevant for the very specific performance of their tasks. Moreover, in case of any doubt, the comparison of fingerprints shall be checked and confirmed by a fingerprint expert in accordance with Article 26. Where a dataset registered in Eurodac is deleted, the existence of a link to that dataset shall also be deleted automatically. When the receiving Member State confirms the hit, it shall send a notification to eu-LISA that will confirm the linking.
Amendment 113 #
7. The rules governing Eurodac shall also apply to operations carried out by the Member States as from the transmission of data to the Central System or the CIR until use is made of the results of the comparison.’;
Amendment 116 #
1. From [the date of application of this Regulation], the Central System of EurodacEurodac component of the CIR shall be connected to the European search portal referred to in Article 6 of Regulation (EU) 2019/818 in order to enable the automated processing referred to in Article 1120 of Regulation (EU) 2018/1240.
Amendment 117 #
2. The automated processing referred to in Article 1120 of Regulation (EU) 2018/1240 shall enable the verifications provided for in Article 20 and the subsequent verifications of Articles 22 and 26 of that Regulation.
Amendment 120 #
2. For the purposes of Article 1(1)(f), tThe ETIAS National Units, shall have 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 125 #
From the [date of application of the Regulation (EU) XXX/XXX amending the VIS Regulation], as provided for in Article [9] of that Regulation, Eurodac shall be connected to the European search portal referred to in Article 6 of Regulation (EU) 2019/817 in order to enable the automated processing referred to in Article [9a] of Regulation (EC) No 767/2008 in orderand therefore to query Eurodac and compare the relevant data in the Visa Information System with the relevant data in Eurodac. The verifications shall be without prejudice to the specific rules provided for in Article 9(b) of Regulation 767/2008.’;
Amendment 126 #
(b) the number of rejected applicants resulting from the linking process referred to in Article 4(6) and pursuant to Article 12(zax);
Amendment 127 #
(c) the number of data sets transmitted on persons referred to in Articles 10(1), 13(1), 14 in so far as such persons are not covered by the datasets referred to in Article 10(1), 14(1), in so far as such persons are not covered by the datasets referred to in Article 10 (1) and 14a(1);
Amendment 132 #
(iii) who were illegalrregularly staying in a Member State,
Amendment 134 #
(iva) who have been granted international protection in a Member State;
Amendment 135 #
(ivb) who were minors at the time the dataset was registered in Eurodac;
Amendment 138 #
(iii) who were illegalrregularly staying in a Member State;
Amendment 140 #
(iva) who have been granted international protection in a Member State;
Amendment 141 #
(ivb) who were minors at the time the dataset was registered in Eurodac;
Amendment 144 #
(iii) who were illegalrregularly staying in a Member State,
Amendment 145 #
(iva) who have been granted international protection in a Member State;
Amendment 146 #
(ivb) who were minors at the time the dataset was registered in Eurodac;
Amendment 149 #
(iii) who were illegalrregularly staying in a Member State,
Amendment 150 #
(iva) who have been granted international protection in a Member State;
Amendment 151 #
(ivb) who were minors at the time the dataset was registered in Eurodac;
Amendment 153 #
(m) the number of requests made for persons referred to inin accordance with Article 31;
Amendment 154 #
(n) the number of hits received from the Central System as referred to in Article 26(64).
Amendment 156 #
2. The monthly statistical data for persons referred to in paragraph 1(a) to (n) shall be published each month. At the end of each year, the yearly statistical data for persons referred to in paragraph 1(a) to (n) shall be published by eu-LISA. The statistical data shall be broken down by Member State. The statistical data for persons referred to in paragraph 1 (c) shall, where possible, be broken down by year of birth and sexgender.
Amendment 159 #
3. For the purpose of supporting the objective referred to in Article 1(c) and Article 1(h), 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.
Amendment 163 #
These statistics shall be made available to the European Parliament, to the Commission, 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 implementing acts, specify the content of the monthly cross-system statistics. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41a(2).
Amendment 166 #
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, the European Parliament, and to the [European Union Agency for Asylum].
Amendment 167 #
5. eu-LISA shall store the data referred to in paragraphs 1 to 4 of this Article, which shall not, under any circumstance, allow for the identification of individuals, for no longer than five years, for research and analysis purposes, thus enabling the authorities referred to in paragraph 3 of this Article to obtain customisable reports and statistics in the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/818. After five years, the data shall be erased.
Amendment 170 #
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 174 #
1. Each Member State shall, in a protection-sensitive manner, take the biometric data of every applicant for international protection of at least sixfourteen 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] 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).
Amendment 177 #
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 sixfourteen years of age, each Member State shall use the biometric data taken during screening and 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 later than 72 hours from the registration of the application referred to in Article 27 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation].
Amendment 178 #
Where a Member State is unable to conclude whether a minor is fourteen years old or more, Member States shall assume that the applicant is under fourteen years of age.
Amendment 181 #
4. Each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in Article 4(6).’, and respecting the limitations there established.';
Amendment 185 #
Amendment 188 #
Only the following data shall be recorded in the Central System andor in the CIR as appropriate:
Amendment 190 #
(h) sexgender;
Amendment 196 #
Amendment 206 #
1. Each Member State shall, in a protection-sensitive manner, promptly take the biometric data of every third- country national or stateless person of at least sixfourteen 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. Where a Member State is unable to conclude whether a minor is fourteen years old or more, Member States shall assume that the applicant is under fourteen years of age.
Amendment 208 #
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 andor to the CIR as appropriate 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 210 #
(h) sexgender;
Amendment 217 #
(q) where applicable, the fact that assistance for voluntary return and reintegration (AVRR) has been granted,.
Amendment 218 #
Amendment 222 #
8. Each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in Article 4(6)., and respecting the limitations there established;
Amendment 225 #
1. Each Member State shall, in a protection-sensitive manner, promptly take the biometric data of every third- country national or stateless person of at least sixfourteen years of age who is illegalrregularly staying within its territory. Where a Member State is unable to conclude whether a minor is fourteen years old or more, Member States shall assume that the applicant is under fourteen years of age.
Amendment 226 #
2. The Member State concerned shall, as soon as possible and no later than 72- hours after the third-country national or the stateless person has been found to be illegalrregularly staying, transmit to the Central System and to the CIR as appropriate the following data in relation to any third- country national or stateless person, as referred to in paragraph 1:
Amendment 227 #
(h) sexgender;
Amendment 228 #
Amendment 229 #
6. Each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in Article 4(6)., and respecting the limitations there established;
Amendment 233 #
1. Each Member State shall, in a protection-sensitive manner, promptly take the biometric data of every third- country national or stateless person of at least sixfourteen 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]. Where a Member State is unable to conclude whether a minor is fourteen years old or more, Member States shall assume that the applicant is under fourteen years of age.
Amendment 236 #
(h) sexgender;
Amendment 242 #
Amendment 243 #
7. Where requested by the Member State concerned, the biometric data may, under reasoned grounds, also be taken and transmitted on behalf of that Member State by 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 244 #
8. Each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in Article 4(6)., and respecting the limitations there established;
Amendment 260 #
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 illegalrregularly 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 263 #
5. The data of illegalrregularly 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 270 #
(a) surname (family name), surname at birth, first name(s) (given name(s)), date of birth, place of birth, sexgender, current nationality;
Amendment 276 #
(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];;