26 Amendments of Cornelia ERNST related to 2018/0104(COD)
Amendment 77 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Common use of ID cards in the Member States is not limited to purposes related to freedom of movement. Further uses of ID cards in a purely national context include proof of age, nationality, residence and many more. In the light of these uses the inclusion of two biometric identifiers is neither necessary nor proportional given that it could be achieved by less intrusive means.
Amendment 81 #
Proposal for a regulation
Recital 9
Recital 9
(9) Security features are necessary to verify if a document is authentic and to establish the identity of a person. The establishment of minimum security standards and the integration of biometric data in identity cards and in residence cards of family members who are not nationals of a Member State is an important step to render their use in the Union more secure. The inclusion of such biometric identifiers should allow citizens to fully benefit from their free movement rights while at the same time preventing identity theft.
Amendment 86 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) Biometric data collected for the purpose of this Regulation should not be stored in any, current or new, national or EU database and should not be further processed for purposes other than those set in the this Regulation.
Amendment 96 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) The use of holograms and/or watermarks allows for preventing the forgery of the document and ensures the verification of the authenticity of an identity card or a residence document, they can therefore, contribute to data minimisation;
Amendment 97 #
Proposal for a regulation
Recital 13
Recital 13
(13) TWhe Regulation shall respect the obligations setn implementing this Regulation, Member States should respect the obligations set in Article 25 and Article 26 of the Charter of Fundamental Rights of the European Union and in the United Nations Convention on the Rights of Persons with Disabilities ratified by all Member States and the Union37 . Therefore, the integration of additional features that render identity cards more accessible and user-friendly to people with disabilities, such as visually impaired persons, should be encouraged. _________________ 37 OJ L 23, 26.11.2009 OJ L 23, 26.11.2009
Amendment 104 #
Proposal for a regulation
Recital 19
Recital 19
(19) It is necessary to specify in this Regulation the basis for the collection and storage of data on the storage medium of identity cards and residence documents. In accordance with their national legislation or Union law, Member States may store other data on a storage medium for electronic services or other purposes relating to the identity card or residence document. The processing of such data including their collection and the purposes for which they can be used should be authorised by national or Union law. All national data should be physically orand logically separated from biometric data referred to in this Regulation.
Amendment 108 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should report on the implementation of this Regulation after threewo years after its date of application, including on the appropriateness of the level of securitypossible impact on fundamental rights, the appropriateness of the level of security and whether the implementation is compliant with data collection purposes of this Regulation. In accordance with paragraphs 22 and 23 of the Interinstitutional Agreement on Better Law-Making41 the Commission should carry out an evaluation of this Regulation on the basis of information collected through specific monitoring arrangements in order to assess the actual effects of the Regulation and the need for any further action. These evaluations should particularly focus on the impact of this Regulation on fundamental rights, on the efficiency and improvement of the mobility of the Union citizens and on levels of security. _________________ 41 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1–14.
Amendment 120 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) Identity cards shall include holograms and/or watermarks to ensure authenticity check and prevent forgery as well as a highly secure storage medium which shall contain a facial image of the holder of the card and two fingerprintstaken live from the relevant Member State authority in interoperable formats.
Amendment 125 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
(4) The storage medium shall have sufficient capacity and capability to guarantee the integrity, the authenticity and the confidentiality of the data. The data stored shall be accessible contactless and secured as provided for in the Commission Implementing Decisions adopted in accordance with Article 2 of Regulation (EC) 1030/2002. In any case, if fingerprints are to be stored on the documents' chip, those shall only be either in minutiae or in patterns;
Amendment 130 #
Proposal for a regulation
Article 3 – paragraph 5 – point a
Article 3 – paragraph 5 – point a
(a) all children under the age of 12 years4 years, covered in Article 2, regardless of their nationality;
Amendment 139 #
Proposal for a regulation
Article 3 – paragraph 8
Article 3 – paragraph 8
(8) Where Member States store data for electronic services such as e-government and e-business in the identity cards, the national data shall be physically orand logically separated from the biometric data referred to in paragraph 3.
Amendment 148 #
Proposal for a regulation
Article 4
Article 4
Amendment 156 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Identity cards which do not meet the requirements of Article 3 shall cease to be valid at their expiry or by five years after [the date of application of the Regulation], whichever is earlier. However, identity cards which do not include a functional machine-readable zone (MRZ) compliant with ICAO document 9303 part 3 (seventh edition, 2015) shall cease to be valid at their expiry or by twofive years after [the date of application of this Regulation], whichever is earlier.
Amendment 157 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 158 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
Residence documents issued by Member States to citizens of the Union shall indicate at least the following:
Amendment 162 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) date of issue and date of expiry;
Amendment 174 #
Proposal for a regulation
Article 10 – paragraph –1 (new)
Article 10 – paragraph –1 (new)
(-1) Regulation (EU) 2016/679 shall apply to the processing of personal data under this Regulation.
Amendment 181 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
(3 a) Biometric identifiers outside the storage medium referred to in Article 3(3), shall be stored in a highly secure manner only for the time required to produce the national identity card or residence card and shall be immediately erased and destroyed once stored in the storage medium.
Amendment 185 #
Proposal for a regulation
Article 10 – paragraph 3 b (new)
Article 10 – paragraph 3 b (new)
(3 b) Biometric data collected for the purpose of this Regulation shall not be stored in any, current or new, national or EU database and shall not be further processed for purposes other than those set in the this Regulation.
Amendment 187 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Implementation (1) When implementing this Regulation, Member States shall respect the fundamental rights and shall observe the principles recognised by the Charter of Fundamental Rights of the European Union, including the right to human dignity, the right to the integrity of the person, the prohibition of inhuman or degrading treatment, the right to equality before the law and non-discrimination, the rights of the child, the rights of the elderly, and to family life, the right to the protection of personal data, respect for private life, the right to free movement and the right to an effective remedy and to a fair trial. (2) Where difficulties are encountered in the collection of biometric identifiers, Member States shall ensure that appropriate procedures are in place to guarantee the dignity of the person concerned. (3) The procedure for taking biometrics shall take into account the specific needs of children and be applied in accordance with the safeguards laid down in Article 24 the Charter of Fundamental Rights of the European Union, in the Convention for the Protection of Human Rights and Fundamental Freedoms and in the United Nations Convention on the Rights of the Child. (4) Any match concerning children carried out with biometric identifiers taken more than five years before shall be subject to a compulsory manual check by a dactyloscopic expert. (5) Any match concerning people aged 70 years or older must be subject to a compulsory manual check by a dactyloscopic and/or facial image expert. (6) The biometric identifiers shall be collected by qualified and duly authorised staff designated by the national authorities responsible for issuing identity cards.
Amendment 189 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
By 12 months after the entry into force at the latest, the Commission shall establish, by means of delegated act, a detailed programme for monitoring the outputs, results and impacts of this Regulation.
Amendment 193 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
(1) FourTwo years after its date of application, the Commission shall report to the European Parliament, the Council and the European Economic and Social Committee on the implementation of this Regulation.
Amendment 194 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 (new)
Article 12 – paragraph 1 – subparagraph 1 (new)
The report shall also examine whether the implementation is compliant with the data collection purposes listed in Article 10 (3).
Amendment 201 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
(2) No sooner than sixthree years after the date of application of this Regulation, the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The evaluation shall be conducted according to the Commission's better regulation Guidelines.
Amendment 203 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 (new)
Article 12 – paragraph 2 – subparagraph 1 (new)
That evaluation shall assess the impact of this Regulation on fundamental rights.
Amendment 205 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
It shall apply from 124 months after its entry into force.