49 Amendments of Ska KELLER related to 2008/0242(COD)
Amendment 21 #
Proposal for a regulation
Recital 2
Recital 2
(2) A common policy on asylum, including a Common European Asylum System, is a constituent part of the European Union's objective of progressively establishing an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek international protection in the Union.
Amendment 22 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 36 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) A temporary or permanent impossibility to provide fingerprints on the part of the applicant for international protection ('failure to enrol') should not adversely affect the legal situation of the individual.
Amendment 37 #
Proposal for a regulation
Recital 17
Recital 17
(17) Hits obtained from EURODAC should be verified by a trained fingerprint expert in order to ensure the accurate determination of responsibility under Regulation (EU) No […/…] [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].
Amendment 46 #
Proposal for a regulation
Recital 29
Recital 29
(29) In accordance with the principle of subsidiarity as set out in Article 5 of the Treaty, the objective of the proposed measuresSince the objective of this Regulation, namely the creation of a system for the comparison of fingerprint data to assist the implementation of the Community'sUnion asylum policy, cannot, by its very nature, be sufficiently achieved by the Member States and can therefore be better achieved by the Communityat Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in the saidat Article, this Regulation does not go beyond what is necessary in order to achieve thoseat objectives.
Amendment 49 #
(33) Transfers of data obtained pursuant to this Decision to third countries or international organisations or private entities should be prohibited, in order to ensure the right to asylum and to safeguard applicants for international protection from having their data disclosed to any third country. This prohibition shall be without prejudice to the right of Member States to transfer such data to third countries to which Regulation (EU) No […/…] [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] applies, in order to ensure that Member States have the possibility of cooperating with such third countries for the purposes of this Regulation. The prohibition of transfer to third countries should cover both EURODAC data obtained under this Regulation and personal data exchanged bilaterally subsequent to a EURODAC search which are stored or processed at national level.
Amendment 62 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 68 #
Proposal for a regulation
Article 2 – paragraph 1 – point l
Article 2 – paragraph 1 – point l
(l) 'fingerprint data' means the data relating to fingerprints of all or at least the index fingers, and if those are missing, the prints of all other fingers of a person, or a latent.
Amendment 72 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) a computerised central fingerprint database (Central System) composed of: – a Central Unit, – a Business Continuity SystemPlan.
Amendment 73 #
1. The Agency, shall be responsible for the operational management of EURODAC. The Agency shall ensure, in cooperation with the Member States, that at all times the best available technologyand most secure techniques, subject to a cost-benefit analysis, is used for the Central System.
Amendment 76 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Operational management of EURODAC shall consist of all the tasks necessary to keep EURODAC functioning 24 hours a day, 7 days a week in accordance with this Regulation, in particular the maintenance work and technical developments necessary to ensure that the system functions at a satisfactory level of operational quality, in particular as regards the time required for interrogation of the Central System. A Business Continuity Plan shall be developed taking into account maintenance needs and unforseen downtime of the system, including the impact of business continuity measures on data protection and security.
Amendment 78 #
1. For the purposes laid down in Article 1(2), Member States shall designate the authorities which are authorised to access EURODAC data pursuant to this Regulation. Designated authorities shall be authorities of the Member States which are responsible for the prevention, detection or investigation of terrorist offences and other serious criminal offences. Designated authorities shall not include agencies or units responsible for intelligence relating to national security.
Amendment 80 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. At national level, eEach Member State shall keep a list of the operating units within the designated authorities that are authorised to request comparisons with EURODAC data through the National Access Point.
Amendment 84 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall designate a single national body to act as its verifying authority. The verifying authority shall be an judicial authority of the Member State which is responsible for the prevention, detection or investigation of terrorist offences and other serious criminal offences.
Amendment 91 #
Proposal for a regulation
Article 8 – paragraph 1 – point f
Article 8 – paragraph 1 – point f
(f) the number of requests for marblocking and unmarblocking transmitted in accordance with Article 18(1) and (2).
Amendment 92 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. At the end of each year, statistical data shall be established in the form of a compilation of the monthly statistics for that year, including an indication of the number of persons for whom hits have been recorded under points (b), (c), and (d). The statistics shall contain a breakdown of data for each Member State. The result shall be made public.
Amendment 93 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – 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, 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. The temporary or permanent impossibility to provide usable fingerprints shall not adversly affect the legal situation of a third-country national or a stateless person. In particular, it shall not represent sufficient grounds to refuse to examine or to reject an asylum application.
Amendment 95 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Central System shall inform as soon as possible and not later than after 72 hours, all Member States of origin about the erasure of data for the reason specified in paragraph 1 by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 9(1) or Article 14(1).
Amendment 96 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Each Member State shall promptly take the fingerprints of all fingers of every third country national or stateless person of at least 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 99 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 101 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Non compliance with the 72 hours time limit referred to in paragraph 2 does not relieve Member States of the obligation to take and transmit the fingerprints to the Central System. Where the condition of the fingertips does not allow to take the fingerprints in a quality ensuring appropriate comparison under Article 25, the Member State of origin shall retake the fingerprints of such person and resend them as soon as possible and no later than 48 hours after they have been successfully taken.
Amendment 102 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – 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, 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. The temporary or permanent impossibility to provide usable fingerprints shall not adversely affect the legal situation of a third-country national or a stateless person.
Amendment 104 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The Central System shall inform as soon as possible and no later than after 72 hours all Member States of origin about the erasure of data for the reason specified in point (a) or (b) of paragraph 2 or by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 14(1).
Amendment 105 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The Central System shall inform as soon as possible and no later than after 72 hours all Member States of origin about the erasure of data for the reason specified in point (c) of paragraph 2 by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 9(1) or Article 14(1).
Amendment 108 #
4a. Once the results of the comparison have been transmitted to the Member State of origin, the Central System shall forthwith: (a) erase the fingerprint data and other data transmitted to it pursuant to paragraph 1; and (b) destroy the media used by the Member State of origin for transmitting the data to the Central Unit, unless the Member State of origin has requested their return.
Amendment 110 #
Proposal for a regulation
Article 18
Article 18
Amendment 116 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. In exceptional cases of urgency of the need to prevent an imminent danger associated with serious criminal or terrorist offences, the verifying authority may transmit the fingerprint data to the National Access Point for comparison immediately upon receipt of a request by a designated authority and only verify ex- post whether all the conditions of Article 20 or Article 21 are fulfilled, including whether an exceptional case of urgency actually existed. The ex-post verification shall take place without undue delay after the processing of the request.
Amendment 120 #
1. Designated authorities may request the comparison of fingerprint data with those stored in the EURODAC central database within the scope of their powers only if comparisons of national fingerprint databases and, of the Automated Fingerprint Databases of at least a third of other Member States under Decision 2008/615/JHA and of the Visa Information System return negative results and where:
Amendment 124 #
(c) there is an overriding public security concern which makes proportionate the querying of a database registering persons with a clean criminal record, and there are reasonable grounds to consider that such comparison with EURODAC data will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question.
Amendment 127 #
Proposal for a regulation
Article 20 – paragraph 1 – point c a (new)
Article 20 – paragraph 1 – point c a (new)
(ca) there is a substantiated suspicion that the perpetrator or victim of the offence is an applicant for international protection.
Amendment 131 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The results of the comparison shall be immediately checked in the Member State of origin by a trained fingerprint expert. Final identification shall be made by the Member State of origin in cooperation with the Member States concerned, pursuant to Article 32 of the Dublin Regulation.
Amendment 132 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Where final identification in accordance with paragraph 4 reveals that the result of the comparison received from the Central System is inaccurate, Member States shall communicate this fact to the Commission and to the Agencyas soon as possible and no later than after 72 hours to the Commission and to the Agency and inform the other Member States concerned as soon as possible and no later than after 72 hours on the inaccuracy of the data.
Amendment 135 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The authorities of Member States which, pursuant to paragraph 1, have access to data recorded in the Central System shall be those designated by each Member State for the purpose of Article 1(1). This designation shall specify the exact unit responsible for carrying out tasks related to the application of this Regulation. Each Member State shall without delay communicate to the Commission and the Agency a list of those authoritieunits and any amendments thereto. The Agency shall publish the consolidated list in the Official Journal of the European Union. Where there are amendments thereto, the Agency shall publish once a yearregularly an updated consolidated list online.
Amendment 137 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. A person covered by this Regulation shall be informed by the Member State of origin in writing, and where appropriatenecessary, orally, in a language which he or she understands or may reasonably be presumed to understand of the following:
Amendment 141 #
A common leaflet, containing at least the information referred to in paragraph 1 of this Article and the information referred to in Article 4(1) of the Dublin Regulation shall be drawn up in accordance with the procedure referred to in Article 40(2) of the Dublin Regulation. The leaflet shouldall be "clear and simple, drafted in a language that the person understands or may reasonably be presumed to understand. It shall also include information on the rights of the data subject and the possibility of assistance by the National Supervisory Authorities as well as the contact details of the controller and the National Supervisory Authorities.
Amendment 142 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 5
Article 29 – paragraph 1 – subparagraph 5
Where a person covered by this Regulation is a minor, Member States shall provide the information in an age-appropriate manner. The Commission shall provide templates of the leaflets for adults and minors to the Member States.
Amendment 143 #
9. Whenever a person requests data relating to him or her in accordance with paragraph 2, the competent authority shall keep a record in the form of a written document that such a request was made, and shall make this document available to the National Supervisory Authorities without delay, upon their request. It shall immediately inform the National Supervisory Authorities in case a person requests the correction or erasure of its data. No later than three weeks after the request it shall confirm to the National Supervisory Authorities that it has taken action to correct or erase the data or, in case the Member State does not agree that the data recorded in the Central System are inaccurate or have been recorded unlawfully, explain why it is not prepared to correct or erase the data.
Amendment 146 #
2. The European Data Protection Supervisor shall ensure that an audit of the Agency's personal data processing activities is carried out in accordance with international auditing standards at least every fourtwo years. A report of such audit shall be sent to the European Parliament, the Council, the Agency, the Commission and the National Supervisory Authorities. The Agency shall be given an opportunity to make comments before the report is adopted.
Amendment 147 #
Proposal for a regulation
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
1a. The National Supervisory Authority shall ensure that every year an audit of the processing of personal data according to Article 1(2) is carried out, including an analysis of all reasoned electronic requests. The audit shall be attached to the Member State annual report referred to in Article 40(8).
Amendment 152 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Personal data, as well as the record of the search, obtained by a Member State or Europol pursuant to this Regulation from EURODAC shall be erased in national and Europol files after a period of one month, if the data are not required for athe purposes of the specific ongoing criminal investigation for which the data has been requested by that Member State, or Europol.
Amendment 155 #
Proposal for a regulation
Article 34 – paragraph 2 – point a
Article 34 – paragraph 2 – point a
(a) physically protect data, including by making contingency plans for the protection of criticalrelevant infrastructure;
Amendment 157 #
Proposal for a regulation
Article 34 – paragraph 2 – point g
Article 34 – paragraph 2 – point g
(g) ensure that all authorities with a right of access to EURODAC create profiles describing the functions and responsibilities of persons who are authorised to access, enter, update, erase and search the data and make these profiles and any other relevant information the authorities may require for the purpose of carrying out supervision available to the National Supervisory Authorities referred to in Article 258 of Directive 95/46/EC and in Article 25 of Framework Decision 2008/977/JHA without delay at their request (personnel profiles);
Amendment 158 #
Proposal for a regulation
Article 34 – paragraph 2 – point k
Article 34 – paragraph 2 – point k
(k) monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation (self-auditing). For the purpose of the Business Continuity Plan, the Member States shall inform the Agency and the National Supervisory Authorities of security incidents they detected on their system. The Agency shall inform the Member States, Europol and the European Data Protection Supervisor in case of security incidents. All parties shall collaborate during a security incident.
Amendment 167 #
Proposal for a regulation
Article 38 – paragraph 4 – point a
Article 38 – paragraph 4 – point a
Amendment 170 #
Proposal for a regulation
Article 40 – paragraph 4
Article 40 – paragraph 4
4. Every twoone years, the Agency shall submit to the European Parliament, the Council, the Commission and the European Data Protection Supervisor a report on the technical functioning of the Central System, including the security thereof.
Amendment 173 #
Proposal for a regulation
Article 40 – paragraph 5
Article 40 – paragraph 5
5. Three years after the start of application of this Regulation as provided for in Article 46(2) and every fourthree years thereafter, the Commission shall produce an overall evaluation of EURODAC, examining results achieved against objectives and assessing the continuing validity of the underlying rationale, and any implications for future operations, as well as make any necessary recommendations. The Commission shall transmit the evaluation to the European Parliament and the Council.
Amendment 175 #
Proposal for a regulation
Article 40 – paragraph 8
Article 40 – paragraph 8
Amendment 179 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By [three months after the date of entry into force of this Regulation] at the latest each Member State shall notify the Commission of its designated authorities and the operation units referred to in Article 5(3) and shall notify without delay any amendment thereto.
Amendment 182 #
Proposal for a regulation
Article 43 – paragraph 4
Article 43 – paragraph 4
4. The Commission shall publish information referred to in paragraphs 1, 2 and 3 in the Official Journal of the European Union on an annual basis, via a regularly updated electronic publication.