Activities of Andreas MÖLZER related to 2008/0242(COD)
Plenary speeches (1)
Laying down standards for the reception of applicants for international protection (recast) - Application for international protection lodged in a Member State by a third-country national or a stateless person (recast version) - Establishment of 'Eurodac' for the comparison of fingerprints - Granting and withdrawing international protection (recast) (debate)
Amendments (16)
Amendment 26 #
Proposal for a regulation
Recital 12
Recital 12
12. Third country nationals or stateless persons who have requested international protection in one Member State may have the option of requesting international protection in another Member State for many years to come. Therefore, the maximum period during which fingerprint data should be kept by the Central System should be of considerable length. Given that most third country nationals or stateless persons who have stayed in the European Union for several years will have obtained a settled status or even citizenship of a Member State after that period, aA period of ten years should be considered a reasonable period for the conservation of fingerprint data.
Amendment 29 #
Proposal for a regulation
Article 2 – paragraph 1 – point c – subpoint ii
Article 2 – paragraph 1 – point c – subpoint ii
(ii) in relation to a person covered by Article 11, the Member State which transmits the personal data to the Central System and receives the results of the comparison;
Amendment 31 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. By way of derogation from paragraph 1, where it is not possible to take the fingerprints of an applicant on account of measures taken to ensure the health of the applicant or the protection of public health or for technical reasons, Member States shall take and send the fingerprints of the applicant as soon as possible and no later than 48 hours after these grounds no longer prevail.
Amendment 32 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Each Member State shall promptly take the fingerprints of all fingers of every third country national or stateless person of at leastwho cannot prove that he or she is under 14 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 them back.
Amendment 33 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. By way of derogation from paragraph 1, where it is not possible to take the fingerprints of such person on account of measures taken to ensure the health of the person or the protection of public health or for technical reasons, the Member State concerned shall take and send the fingerprints of the person, in accordance with the deadline set out in paragraph 2, once these grounds no longer prevail.
Amendment 34 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Does not apply to English text.
Amendment 35 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Without prejudice to Article 5 data transmitted to the Central System pursuant to Article 11(2) shall be recorded for the soleprimary purpose of comparison with data on applicants for international protectionwhich is already recorded in or which will in future be transmitted subsequently to the Central System.
Amendment 36 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 3
Article 12 – paragraph 1 – subparagraph 3
Amendment 38 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Each set of data relating to a third country national or stateless person as referred to in Article 11(1) shall be stored in the Central System for oneten years from the date on which the fingerprints of the third country national or stateless person were taken. Upon expiry of this period, the Central System shall automatically erase the data from the Central System.
Amendment 39 #
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. The data relating to third country national or stateless person as referred to in Article 11(1) shall be erased from the Central System in accordance with Article 21(3) as soon as the Member State of origin becomes aware of one of the following circumstances before the oneten- year period mentioned in paragraph 1 has expired:
Amendment 40 #
Proposal for a regulation
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
Amendment 41 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
1. With a view to checking whether third country national or a stateless person found illegally present within its territory has previously lodged an application for international protection in another Member State, each Member State may transmit to the Central System any fingerprint data relating to fingerprints which it may have taken of any such third country national or stateless person of at leastwho cannot prove that he or she is under 14 years of age together with the reference number used by that Member State.
Amendment 42 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – introductory part
Article 14 – paragraph 1 – subparagraph 2 – introductory part
Amendment 43 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
3. The fingerprint data of third country national or a stateless person as referred to in paragraph 1 shall be transmitted to the Central System soleprimarily for the purpose of comparison with the fingerprint data of applicants for international protection transmitted by other Member States andpersons whose data will be transmitted in future or is already recorded in the Central System.
Amendment 44 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
The fingerprint data of such a third country national or a stateless person shall not be recorded in the Central System, nor shall they be and compared with the data already transmitted to the Central System pursuant to Article 11(2).
Amendment 47 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. In each Member State, any person may request that data concerning him or her which are factually inaccurate be corrected or that data concerning him or her recorded unlawfully be erased. The correction and erasure shall be carried out without excessive delay by the Member State which transmitted the data, in accordance with its laws, regulations and procedures.