Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | LIBE | BUXADÉ VILLALBA Jorge ( ECR) | RESSLER Karlo ( EPP), SANTOS Isabel ( S&D), VAUTMANS Hilde ( Renew), BRICMONT Saskia ( Verts/ALE), VANDENDRIESSCHE Tom ( ID) |
Former Responsible Committee | LIBE | ||
Committee Opinion | AFET | ||
Committee Opinion | BUDG | ||
Former Committee Opinion | AFET | ||
Former Committee Opinion | BUDG | ||
Committee Recast Technique Opinion | JURI | ||
Fromer Committee Recast Technique Opinion | JURI |
Lead committee dossier:
Legal Basis:
TFEU 078-p2, TFEU 079-p2, TFEU 087-p2, TFEU 088-p2-a1, TFEU 188-p2
Legal Basis:
TFEU 078-p2, TFEU 079-p2, TFEU 087-p2, TFEU 088-p2-a1, TFEU 188-p2Subjects
Events
The European Parliament adopted by 404 votes to 202, with 16 abstentions, a legislative resolution 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 and 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).
The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal as follows:
Creation of Eurodac
The aim of the proposed Regulation is to create a system for comparing biometric data (Eurodac) to help implement the EU's asylum and migration policy. The system should support the asylum system, contribute to the control of illegal immigration into the EU, the detection of secondary movements within the EU and the identification of illegally staying third-country nationals and stateless persons, and contribute to the protection of children, including for law enforcement purposes.
This Regulation fully respects human dignity and fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, including the right to respect for private life, the right to the protection of personal data, the right to asylum and the prohibition of torture and inhuman or degrading treatment.
Collection of data
The revised Eurodac Regulation seeks to improve the collection of data on asylum applicants and irregular migrants apprehended in the EU Member States territory through biometric data - by adding facial images to existing fingerprinting databases - and additional information, including name, surname, nationality and date and place of birth. Authorities will also include information on decisions to remove and return the person or relocate them.
The threshold for collecting data from a child should be lowered from 14 to 6 years of age , to be taken by trained staff in a child-friendly manner.
The best interests of the child should be a primary consideration in the application of this Regulation. In the event that there is uncertainty as to whether or not a child is under the age of six and there is no supporting proof of that child’s age, the competent authorities of the Member States should consider that child to be under the age of six for the purposes of this Regulation.
Eurodac data that pertain to a child under the age of 14 should only be used for law enforcement purposes against such a child where there are grounds to consider that those data are necessary for the purpose of the prevention, detection or investigation of a terrorist offence or other serious criminal offence which that child is suspected of having committed.
Security flags
Authorities will be able to record in the system if a person presents a threat to internal security, only if the person is violent or unlawfully armed , or where they have links to terrorism or a terrorist group, or are involved in offences within the scope of the European arrest warrant .
The Member State of origin which has concluded that the threat to internal security identified following the screening no longer applies should delete the record of the security flag from the dataset, after having consulted any other Member States having registered a dataset of the same person.
New categories
Members supported including people taking part in national and EU resettlement schemes as well as for beneficiaries of temporary protection in the scope of the database.
Statistics
eu-LISA should draw up statistics on the work of Eurodac every month indicating, in particular the number of: (i) applicants and the number of first-time applicants; (ii) rejected applicants; (iii) persons who have been disembarked following search and rescue operations; (iv) persons who have been registered as beneficiaries of temporary protection; (v) applicants who have been granted international protection in a Member State; (vi) persons who have been registered as minors; (vii) persons who have been admitted under a national resettlement scheme.
Cross-referenced, anonymised statistics should be improved with interoperability between Eurodac and other justice and home affairs systems - such as Visa Information System, ETIAS and Entry/Exit System – in order to provide useful information to policy makers.
The statistics should be made available to the Member States, to the European Parliament, to the Commission, to the European Union Agency for Asylum, to the European Border and Coast Guard Agency and to Europol. Cross-system statistics alone should not be used to deny access to the territory of the Union.
In the context of the New Pact on Migration and Asylum which represents a fresh start on migration, the Commission presents this proposal which aims to amend the 2016 proposal for a recast Eurodac Regulation in order to fix existing loopholes and to transform Eurodac into an asylum and migration database.
New provisions of the proposal
This proposal amending the 2016 proposal for a recast Eurodac Regulation puts in place a clear and consistent link between specific individuals and the procedures they are subjected to in order to better assist with the control of irregular migration and the detection of unauthorised movements. It also supports the implementation of the new solidarity mechanism and contains consequential amendments that will allow Eurodac to function within the interoperability framework between EU information systems.
Enlarged scope and improved Eurodac database
The 2016 Commission proposal already enlarged the scope of Eurodac, adding new categories of persons for whom data should be stored, allowing its use to identify irregular migrants, lowering the age for fingerprinting, allowing the collection of identity information together with the biometric data, and extending the data storage period. This proposal builds on the provisional agreement between colegislators, complements these changes and aims at transforming Eurodac into a common European database to support EU policies on asylum, resettlement and irregular migration.
The modernised Eurodac database shall be better able to track the movements of people who have entered and stayed illegally in the EU and then moved from one Member State to another, and shall show the shift of responsibility between Member States, including in the case of relocation.
It shall ensure consistency with the proposal for a screening Regulation. Moreover, it aims at gathering more accurate and complete data to inform policy making and thus at better assisting with the control of irregular migration and the detection of unauthorised movements by counting individual applicants in addition to applications. It also aims to support the identification of appropriate policy solutions in this area by allowing statistics to be drawn up combining data from several databases.
A number of amendments have been proposed that seek to ensure that Eurodac will function properly within the new interoperability framework and with the same objective presents further necessary amendments to two other legal instruments, namely the VIS and ETIAS Regulations.
Another objective is to provide additional support to national authorities dealing with asylum applicants whose application has already been rejected in another Member State by marking rejected applications.
The new system shall also provide additional support to national authorities dealing with asylum seekers whose applications have already been rejected in another Member State. It may also monitor assistance for voluntary departure and reintegration.
Budgetary implications
The present proposal entails a technical amendment to the Eurodac central system to provide for the possibility to carry out comparisons for all categories of data and for storage of all three categories of data. Further functionalities such as the storage of biographical data alongside a facial image will require more amendments to the Central System.
The cost estimate of EUR 29.872 million includes costs for the technical upgrade and increased storage and throughput of the Central System. It also consists of IT-related services, software and hardware and would cover the upgrade and customisation to allow searches for all categories of data covering both asylum and irregular migration purposes. It also reflects the additional staffing costs required by eu-LISA.
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Monica MACOVEI (ECR, RO) 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).
The committee recommended that the European Parliament’s position adopted at first reading should take into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission. However, it made some amendments to the recast proposal which may be summarised as follows:
Extension of the system of comparison of Eurodac data to third-country nationals or "resettled" stateless persons : Members called for Eurodac to be extended to resettled third-country nationals and stateless persons for the purposes of identifying secondary movements of such persons.
The registration in Eurodac of information on resettled third-country nationals or stateless persons is designed to ensure that such persons enjoy the same level of protection and the same rights applicable to other beneficiaries of international protection as regards the processing of their data. This should also enable Member States to verify whether or not a third-country national or stateless person has already been resettled in another Member State .
Alphanumeric and biometric data : Members wanted to compare the biometric or alphanumeric data of the persons concerned with Eurodac data rather than fingerprints as proposed by the Commission in its proposal for the purposes of the prevention, detection or investigation of terrorist offences or other serious criminal offences.
In addition, Members considered that fingerprints should always be preferred over facial images . Where it is impossible to take the fingerprints of the third-country national or stateless person because his or her fingertips are damaged, either intentionally or not, or amputated, this Regulation should also permit the comparison of a facial image without fingerprints.
Derogation : Member States may derogate from in the case of illegally residing third-country nationals who entered the territory of the Union by lawfully crossing the external borders of the Schengen area and have overstayed the authorised period of stay by no more than 15 days .
Interoperability of data collection systems and the role of European agencies in the area of freedom, security and justice : given that the European Border and Coast Guard Agency plays a key role in the Union’s efforts for a better management of external borders, and the prevention of illegal immigration and secondary movements, Members requested that it also have access to Eurodac data in order to be able to undertake risk analyses to the highest possible standard and to assist Member States with return related tasks. Those data should be processed in compliance with the data protection safeguards provided for in that Regulation.
As one of the tasks of the European Border and Coast Guard Agency and the European Union Agency for Asylum , is the taking and transmitting of biometric data, the European Border and Coast Guard Agency and the European Union Agency for Asylum should also be provided with their own interfaces so that they no longer need to rely on national infrastructures . In the long run, those interfaces could be used as a single search interface.
Therefore, technological solutions should be developed to ensure the interoperability of Eurodac with the Schengen Information Systems (SIS), the Visa Information Systems (VIS), Europol, and any new relevant information systems developed in the area of freedom, security and justice, in order to enhance effective cooperation among Member States in managing external borders and combatting serious crime, including the system of entry/exit ( EES ) currently under construction.
Eu-LISA and DubliNet : in addition to the interoperability principles defined above, eu-LISA shall establish a secure communication channel between the EES Central System and Eurodac in order to allow full interoperability between both systems. A connection between the two systems is necessary in order for the biometric data of a third-country national registered in the EES to be transferred to Eurodac when registration of such biometric data is foreseen under this Regulation.
This specific channel, whose name would be DubliNet , would be managed by eu-LISA and would provide direct linkage and secure electronic transmission between the authorities of the Member States. The operational management of DubliNet shall consist of all the tasks necessary to ensure its availability five days a week during normal business hours.
Specific role of Europol : the future Regulation shall lay down the conditions under which the European Police Office (Europol) may request comparisons with Eurodac data for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences falling within its mandate.
Europol shall designate an authority which is authorised to request comparisons with Eurodac data through its designated Europol access point in order to prevent, detect and investigate terrorist offences or other serious criminal offences. The designated authority shall be an operating unit of Europol.
Unaccompanied minors and minors : with a view to strengthening the protection of all migrant and refugee children, including unaccompanied minors who have not applied for international protection and children at risk of being separated from their families, Members requested that their biometric data can be retrieved for storage in the Central System and assist a Member State to find a family member or to identify possible links that these children may have with another Member State.
In the performance of those tasks, Member States should observe the principles laid down in the United Nations Convention on the Rights of the Child of 1989.
The biometric data of minors from the age of six shall be taken by officials trained specifically to enrol minor's fingerprints and to capture facial images in full respect of the best interests of the child.
The minor shall be informed in an age-appropriate manner, both orally and in writing, using leaflets and infographics and demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors in a language he or she can understand.
Where a minor , in particular an unaccompanied or separated minor, refuses to give his or her fingerprints or facial image and there are reasonable grounds for believing that there are child safeguarding or protection risks, that minor should be referred to the competent national child protection authorities, national referral mechanisms, or both. Those authorities should undertake an assessment of the minor´s special needs in accordance with the relevant law with a view to finding a sustainable solution for the minor in full respect of the best interests of the child. Detention of minors shall be prohibited.
Application of sanctions in case of refusal to collect data : in order to ensure that all the persons concerned by the Regulation are registered in Eurodac, Member States may introduce, where appropriate, well justified administrative sanctions, in accordance with their national law and with full respect for the Charter of Fundamental Rights of the European Union, for non-compliance with the process of taking biometric data. Member States shall ensure that an opportunity for counselling has been provided to those persons in order to persuade them to cooperate with the procedure and to inform them of the possible implications of non-compliance. The administrative sanctions shall be effective, proportionate and dissuasive. Detention should only be used as a means of last resort .
Data retention period : Members considered that the maximum period for which the biometric data of third-country nationals or stateless persons who have applied for international protection may be kept in the central system should be limited to a maximum of 5 years .
Transfer of data collected from third countries : Members request that personal data obtained as a result of a search in the Central System shall not be transferred or made available to any third country, international organisation or private entity established in or outside the Union unless such a transfer is strictly necessary and proportionate in cases falling within Europol's mandate.
Personal data which originated in a Member State and are exchanged between Member States shall not be transferred to third countries, including if there is a real risk that as a result of such transfer the data subject may be subjected to torture, inhuman and degrading treatment or punishment or any other violation of his or her fundamental rights.
Study on the possibility of introducing facial recognition software to current Eurodac data : lastly, Members requested that, by 2020, eu-LISA should carry out a study on the technical feasibility and reliability of adding facial recognition software to the Central System currently planned.
PURPOSE: to amend the current EURODAC Regulation (EU) No. 603/2013 in order to better manage the asylum system and to help tackle irregular migration.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: EURODAC is the European fingerprint database for identifying asylum seekers and irregular border-crossers.
In the European agenda on migration , the Commission announced that it will have to evaluate the Dublin system and determine whether a revision of the legal parameters of Dublin will be needed to achieve a fairer distribution of asylum seekers in Europe.
The Commission also proposed to look into the possibility of adding additional biometric identifiers to EURODAC, such a facial images and the use of facial recognition software. The refugee crisis has exposed significant structural weaknesses and shortcomings in the design and implementation of European asylum and migration policy, including the Dublin and EURODAC systems, which prompted calls for reform.
On 6 April in its Communication "Towards a reform of the Common European Asylum System and enhancing legal avenues to Europe", the Commission considered it a priority to bring forward a reform of the Dublin Regulation and establish a sustainable and fair system for determining the Member State responsible for asylum seekers ensuring a high degree of solidarity and a fair sharing of responsibility between Member States by proposing a corrective allocation mechanism.
As part of this, the Commission considered that EURODAC should be reinforced to reflect changes to the Dublin mechanism and to make sure that it continues to provide the fingerprint evidence it needs to function. It was also considered that EURODAC could contribute to the fight against irregular migration by storing fingerprint data under all categories and allowing comparisons to be made with all stored data for that purpose.
More specifically, this proposal is part of a first set of legislative proposals the Commission is presenting in the context of a major reform of the Common European Asylum System. These proposals include:
this draft Regulation which aims to extend the scope of the Eurodac Regulation to include the possibility for Member States to store and search data belonging to third-country nationals or stateless persons who are not applicants for international protection and found irregularly staying in the EU; a draft Regulation on the European Union Agency for Asylum which aims to strengthen the mandate of the European Asylum Support Office (EASO); a draft Regulation 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.
CONTENT: this proposal amends the current EURODAC Regulation (EU) No. 603/2013, and extends its scope for the purposes of identifying illegally staying third-country nationals and those who have entered the European Union irregularly at the external borders, with a view to using this information to assist a Member State to re-document a third-country national for return purposes .
A summary of the main provisions is as follows:
Scope : the scope of the new EURODAC Regulation has been extended to include the possibility for Member States to store and search data belonging to third-country nationals or stateless persons who are not applicants for international protection and found irregularly staying in the EU, so that they can be identified for return and readmission purposes.
Storing data : storing more personal information centrally in Eurodac will allow the immigration and asylum authorities to easily identify an irregular third-country national or asylum applicant without the need to request this information from another Member State.
The proposal establishes strict access rules to the Eurodac system and the necessary safeguards - ensuring the respect of data protection requirements.
Data retention : the data retention period for personal data taken from asylum applicants will be 10 years . This is to ensure that Member States can track secondary movements within the European Union following the granting of international protection status. This data can now be used to transfer refugees or persons granted subsidiary protection back to the Member State that granted them protection.
Fingerprint data for irregularly staying third-country nationals who do not claim asylum will be retained for five years . This will ensure that illegal immigration and secondary movements within and to the EU can be sufficiently monitored. This storage period is aligned with other EU legislation
Facial image : it has been proposed to add additional biometric identifiers to EURODAC in order to mitigate some of the challenges Member States were facing with damaged fingertips and non-compliance with the fingerprinting process. This proposal inserts a requirement for Member States to take a facial image of the data-subject for transmission to the Central System.
Age for taking fingerprints and facial images : many applicants for international protection and third-country nationals arriving irregularly to the European Union travel with families and in many cases very young children. It is proposed that the taking of fingerprints and facial images of minors for EURODAC should be changed to six years old which will help identify children in cases where they are separated from their families by allowing a Member State to follow up a line of inquiry where a fingerprint match indicates that they were present in another Member State.
It will also strengthen the protection of unaccompanied minors , who do not always formally seek international protection and who can risk harm when absconding from care institutions or child social services. Under the current legal and technical framework their identity cannot be established, making it harder to prevent them from ending up in situations which endanger their well-being.
The proposal provides safeguards in order to ensure that the taking of biometrics for minors will be carried out in full respect for their rights and will take into account their best interests .
Sharing information on the identity of a third-country national with a non-EU country : identifying and re-documenting an illegally staying third-country national for return and readmission purposes will require data sharing in some circumstances with third countries - for the purpose of returns. Strict conditions are set out under which this data can be shared.
Eurodac cannot be directly accessed by third countries and Member States cannot check data on behalf of a third country. This proposal aligns Eurodac with other databases such as the Visa Information System and the proposed Entry/Exit System
Access to EURODAC by law enforcement authorities : law enforcement authorities and Europol will continue to be able to search Eurodac to prevent, detect or investigate a serious crime or terrorist offence . Minor amendments have been made to the provisions for law enforcement access to make sure that all three categories of data stored in the Central System can be checked when a law enforcement search is carried out.
Sanctions applicable to irregular third-country nationals or asylum applicant if they refuse to give their fingerprints : the new proposal permits Member States to introduce sanctions, in accordance with their national law, for those individuals who refuse to comply with the fingerprinting procedure. It is up to the Member State to decide the form of penalties or sanctions to be introduced , as long as it does not breach the fundamental rights of the individual concerned. The use of detention or any form of coercion should only be used as a means of last resort.
Territorial provisions : the United Kingdom and Ireland may participate in this proposal, but are not required to do so, in accordance with the relevant Protocols attached to the Treaties.
BUDGETARY IMPLICATIONS: the cost estimate of EUR 29.872 million includes costs for the technical upgrade and increased storage and throughput of the Central System. It also reflects the additional staffing costs required by eu-LISA.
Documents
- Draft final act: 00015/2024/LEX
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading: T9-0183/2024
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE759.020
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000915
- Text agreed during interinstitutional negotiations: PE759.020
- Amendments tabled in committee: PE739.726
- Amendments tabled in committee: PE692.638
- Contribution: COM(2020)0614
- Contribution: COM(2020)0614
- Amendments tabled in committee: PE661.979
- Contribution: COM(2020)0614
- Contribution: COM(2020)0614
- Supplementary legislative basic document: COM(2020)0614
- Supplementary legislative basic document: EUR-Lex
- Contribution: COM(2016)0272
- Debate in Council: 3545
- Committee report tabled for plenary, 1st reading: A8-0212/2017
- Committee opinion: PE597.583
- Committee draft report: PE597.620
- Contribution: COM(2016)0272
- Committee of the Regions: opinion: CDR3267/2016
- Contribution: COM(2016)0272
- Contribution: COM(2016)0272
- Economic and Social Committee: opinion, report: CES2981/2016
- Contribution: COM(2016)0272
- Document attached to the procedure: N8-0002/2017
- Document attached to the procedure: OJ C 009 12.01.2017, p. 0003
- Legislative proposal published: COM(2016)0272
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: N8-0002/2017 OJ C 009 12.01.2017, p. 0003
- Economic and Social Committee: opinion, report: CES2981/2016
- Committee of the Regions: opinion: CDR3267/2016
- Committee draft report: PE597.620
- Committee opinion: PE597.583
- Supplementary legislative basic document: COM(2020)0614 EUR-Lex
- Amendments tabled in committee: PE661.979
- Amendments tabled in committee: PE692.638
- Amendments tabled in committee: PE739.726
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000915
- Text agreed during interinstitutional negotiations: PE759.020
- Draft final act: 00015/2024/LEX
- Contribution: COM(2016)0272
- Contribution: COM(2016)0272
- Contribution: COM(2016)0272
- Contribution: COM(2016)0272
- Contribution: COM(2016)0272
- Contribution: COM(2020)0614
- Contribution: COM(2020)0614
- Contribution: COM(2020)0614
- Contribution: COM(2020)0614
Votes
A8-0212/2017 – Jorge Buxadé Villalba – Request to vote on the amendments to the draft legislative act #
A8-0212/2017 – Jorge Buxadé Villalba – Provisional agreement – Am 158 #
Amendments | Dossier |
1259 |
2016/0132(COD)
2017/02/16
BUDG
488 amendments...
Amendment 100 #
Proposal for a regulation Article 3 – paragraph 1 – point a Amendment 101 #
Proposal for a regulation Article 3 – paragraph 1 – point b Amendment 102 #
Proposal for a regulation Article 3 – paragraph 1 – point b – point i Amendment 103 #
Proposal for a regulation Article 3 – paragraph 1 – point b – point ii Amendment 104 #
Proposal for a regulation Article 3 – paragraph 1 – point b – point iii Amendment 105 #
Proposal for a regulation Article 3 – paragraph 1 – point c Amendment 106 #
Proposal for a regulation Article 3 – paragraph 1 – point d Amendment 107 #
Proposal for a regulation Article 3 – paragraph 1 – point e Amendment 108 #
Proposal for a regulation Article 3 – paragraph 1 – point f Amendment 109 #
Proposal for a regulation Article 3 – paragraph 1 – point g Amendment 110 #
Proposal for a regulation Article 3 – paragraph 1 – point h Amendment 111 #
Proposal for a regulation Article 3 – paragraph 1 – point i Amendment 112 #
Proposal for a regulation Article 3 – paragraph 1 – point j Amendment 113 #
Proposal for a regulation Article 3 – paragraph 1 – point k Amendment 114 #
Proposal for a regulation Article 3 – paragraph 1 – point l Amendment 115 #
Proposal for a regulation Article 3 – paragraph 1 – point m Amendment 116 #
Proposal for a regulation Article 3 – paragraph 1 – point n Amendment 117 #
Proposal for a regulation Article 3 – paragraph 1 – point o Amendment 118 #
Proposal for a regulation Article 3 – paragraph 2 Amendment 119 #
Proposal for a regulation Article 3 – paragraph 3 Amendment 120 #
Proposal for a regulation Article 3 – paragraph 4 Amendment 121 #
Proposal for a regulation Article 4 Amendment 122 #
Proposal for a regulation Article 4 – paragraph 1 Amendment 123 #
Proposal for a regulation Article 4 – paragraph 1 – point a Amendment 124 #
Proposal for a regulation Article 4 – paragraph 1 – point a – point i Amendment 125 #
Proposal for a regulation Article 4 – paragraph 1 – point a – point ii Amendment 126 #
Proposal for a regulation Article 4 – paragraph 1 – point b Amendment 127 #
Proposal for a regulation Article 4 – paragraph 2 Amendment 128 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 129 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 130 #
Proposal for a regulation Article 4 – paragraph 5 Amendment 132 #
Proposal for a regulation Article 5 – paragraph 1 Amendment 133 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 1 Amendment 134 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 2 Amendment 135 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 3 Amendment 136 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 137 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 Amendment 138 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 – point a Amendment 139 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 – point b Amendment 14 #
Proposal for a regulation Recital 2 (2)
Amendment 140 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 Amendment 141 #
Proposal for a regulation Article 5 – paragraph 3 Amendment 144 #
Proposal for a regulation Article 5 – paragraph 3 – point c Amendment 145 #
Proposal for a regulation Article 5 – paragraph 4 Amendment 146 #
Proposal for a regulation Article 5 – paragraph 4 – point a Amendment 147 #
Proposal for a regulation Article 5 – paragraph 4 – point b Amendment 148 #
Proposal for a regulation Article 5 – paragraph 4 – point c Amendment 149 #
Proposal for a regulation Article 5 – paragraph 5 Amendment 15 #
Proposal for a regulation Recital 4 (4)
Amendment 150 #
Proposal for a regulation Article 5 – paragraph nouveau6 Amendment 151 #
Proposal for a regulation Article 6 Amendment 152 #
Proposal for a regulation Article 6 – paragraph 1 Amendment 153 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 154 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 155 #
Proposal for a regulation Article 7 Amendment 156 #
Proposal for a regulation Article 7 – paragraph 1 Amendment 157 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 Amendment 158 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 2 Amendment 159 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 3 Amendment 16 #
Proposal for a regulation Recital 5 (5) Biometrics constitute an important element in establishing the exact identity of such persons. It is necessary to set up a system for the comparison of their fingerprint and facial image data, in order to be able to expel them automatically if they re-enter the territory after their initial application for asylum has been rejected.
Amendment 160 #
Proposal for a regulation Article 7 – paragraph 2 Amendment 161 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 Amendment 162 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 Amendment 163 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 Amendment 164 #
Proposal for a regulation Article 8 Amendment 165 #
Proposal for a regulation Article 8 – paragraph 1 Amendment 166 #
Proposal for a regulation Article 8 – paragraph 2 Amendment 168 #
Proposal for a regulation Article 9 – paragraph 1 Amendment 169 #
Proposal for a regulation Article 9 – paragraph 1 – point a Amendment 17 #
Proposal for a regulation Recital 6 Amendment 170 #
Proposal for a regulation Article 9 – paragraph 1 – point b Amendment 171 #
Proposal for a regulation Article 9 – paragraph 1 – point c Amendment 172 #
Proposal for a regulation Article 9 – paragraph 1 – point d Amendment 173 #
Proposal for a regulation Article 9 – paragraph 1 – point e Amendment 174 #
Proposal for a regulation Article 9 – paragraph 1 – point f Amendment 175 #
Proposal for a regulation Article 9 – paragraph 1 – point g Amendment 176 #
Proposal for a regulation Article 9 – paragraph 1 – point h Amendment 177 #
Proposal for a regulation Article 9 – paragraph 1 – point i Amendment 178 #
Proposal for a regulation Article 9 – paragraph 1 – point j Amendment 179 #
Proposal for a regulation Article 9 – paragraph 1 – point k Amendment 18 #
Proposal for a regulation Recital 7 Amendment 180 #
Proposal for a regulation Article 9 – paragraph 2 Amendment 181 #
Proposal for a regulation Article 9 – paragraph 3 Amendment 182 #
Proposal for a regulation Article 10 Amendment 183 #
Proposal for a regulation Article 10 – paragraph 1 Amendment 184 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 Amendment 185 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 2 Amendment 186 #
Proposal for a regulation Article 10 – paragraph 2 Amendment 187 #
Proposal for a regulation Article 10 – paragraph 2 – subparagraph 1 Amendment 188 #
Proposal for a regulation Article 10 – paragraph 2 – subparagraph 2 Amendment 189 #
Proposal for a regulation Article 10 – paragraph 3 Amendment 19 #
Proposal for a regulation Recital 9 (9) In 2015, the refugee and migration crisis brought to the fore challenges faced by some Member States with
Amendment 191 #
Proposal for a regulation Article 11 – paragraph 1 Amendment 192 #
Proposal for a regulation Article 11 – paragraph 1 – point a Amendment 193 #
Proposal for a regulation Article 11 – paragraph 1 – point b Amendment 194 #
Proposal for a regulation Article 11 – paragraph 1 – point c Amendment 195 #
Proposal for a regulation Article 11 – paragraph d Amendment 196 #
Proposal for a regulation Article 11 – paragraph e Amendment 197 #
Proposal for a regulation Article 12 Amendment 198 #
Proposal for a regulation Article 12 – paragraph 1 Amendment 199 #
Proposal for a regulation Article 12 – paragraph 1 – point a Amendment 20 #
Proposal for a regulation Recital 10 Amendment 200 #
Proposal for a regulation Article 12 – paragraph 1 – point b Amendment 201 #
Proposal for a regulation Article 12 – paragraph 1 – point c Amendment 202 #
Proposal for a regulation Article 12 – paragraph 1 – point d Amendment 203 #
Proposal for a regulation Article 12 – paragraph 1 – point e Amendment 204 #
Proposal for a regulation Article 12 – paragraph 1 – point f Amendment 206 #
Proposal for a regulation Article 12 – paragraph 1 – point h Amendment 207 #
Proposal for a regulation Article 12 – paragraph 1 – point i Amendment 208 #
Proposal for a regulation Article 12 – paragraph 1 – point j Amendment 209 #
Proposal for a regulation Article 12 – paragraph 1 – point k Amendment 21 #
Proposal for a regulation Recital 11 (11) The return of third-country nationals who do not have a right to stay in the Union
Amendment 210 #
Proposal for a regulation Article 12 – paragraph 1 – point l Amendment 211 #
Proposal for a regulation Article 12 – paragraph 1 – point m Amendment 212 #
Proposal for a regulation Article 12 – paragraph 1 – point n Amendment 213 #
Proposal for a regulation Article 12 – paragraph 1 – point o Amendment 214 #
Proposal for a regulation Article 12 – paragraph 1 – point p Amendment 215 #
Proposal for a regulation Article 12 – paragraph 1 – point q Amendment 216 #
Proposal for a regulation Article 12 – paragraph r Amendment 217 #
Proposal for a regulation Article 12 – paragraph s Amendment 219 #
Proposal for a regulation Article 13 – paragraph 1 Amendment 22 #
Proposal for a regulation Recital 12 Amendment 220 #
Proposal for a regulation Article 13 – paragraph 2 Amendment 221 #
Proposal for a regulation Article 13 – paragraph 2 – point a Amendment 222 #
Proposal for a regulation Article 13 – paragraph 2 – point b Amendment 223 #
Proposal for a regulation Article 13 – paragraph 2 – point c Amendment 224 #
Proposal for a regulation Article 13 – paragraph 2 – point d Amendment 225 #
Proposal for a regulation Article 13 – paragraph 2 – point e Amendment 226 #
Proposal for a regulation Article 13 – paragraph 2 – point f Amendment 228 #
Proposal for a regulation Article 13 – paragraph 2 – point h Amendment 229 #
Proposal for a regulation Article 13 – paragraph 2 – point i Amendment 23 #
Proposal for a regulation Recital 12 (12) National authorities in the Member States experience difficulties in identifying illegally staying third-country nationals who use deceptive means to avoid their identification and to frustrate the procedures for re-documentation in view of their return and readmission. It is therefore essential to ensure that information on third-country nationals or stateless persons who are found to be staying illegally in the EU
Amendment 230 #
Proposal for a regulation Article 13 – paragraph 2 – point j Amendment 231 #
Proposal for a regulation Article 13 – paragraph 2 – point k Amendment 232 #
Proposal for a regulation Article 13 – paragraph 2 – point l Amendment 233 #
Proposal for a regulation Article 13 – paragraph 2 – point m Amendment 234 #
Proposal for a regulation Article 13 – paragraph 3 Amendment 235 #
Proposal for a regulation Article 13 – paragraph 4 Amendment 236 #
Proposal for a regulation Article 13 – paragraph 5 Amendment 237 #
Proposal for a regulation Article 13 – paragraph 5 – subparagraph 1 Amendment 238 #
Proposal for a regulation Article 13 – paragraph 5 – subparagraph 2 Amendment 239 #
Proposal for a regulation Article 13 – paragraph 6 Amendment 24 #
Proposal for a regulation Recital 13 Amendment 240 #
Proposal for a regulation Article 13 – paragraph 7 Amendment 242 #
Proposal for a regulation Article 14 – paragraph nouveau1 Amendment 243 #
Proposal for a regulation Article 14 – paragraph 2 Amendment 244 #
Proposal for a regulation Article 14 – paragraph 2 – point a Amendment 245 #
Proposal for a regulation Article 14 – paragraph 2 – point b Amendment 246 #
Proposal for a regulation Article 14 – paragraph 2 – point c Amendment 247 #
Proposal for a regulation Article 14 – paragraph 2 – point d Amendment 248 #
Proposal for a regulation Article 14 – paragraph 2 – point e Amendment 249 #
Proposal for a regulation Article 14 – paragraph 2 – point f Amendment 25 #
Proposal for a regulation Recital 14 Amendment 251 #
Proposal for a regulation Article 14 – paragraph 2 – point h Amendment 252 #
Proposal for a regulation Article 14 – paragraph 2 – point i Amendment 253 #
Proposal for a regulation Article 14 – paragraph 2 – point j Amendment 254 #
Proposal for a regulation Article 14 – paragraph 2 – point k Amendment 255 #
Proposal for a regulation Article 14 – paragraph 2 – point l Amendment 256 #
Proposal for a regulation Article 14 – paragraph 2 – point m Amendment 257 #
Proposal for a regulation Article 14 – paragraph 3 Amendment 258 #
Proposal for a regulation Article 14 – paragraph 4 Amendment 259 #
Proposal for a regulation Article 14 – paragraph 5 Amendment 26 #
Proposal for a regulation Recital 14 (14) The Commission’s Communication on Stronger and Smarter Information Systems for Borders and Security288 highlights the need to improve the interoperability of information systems as a long-term objective, as also identified by the European Council and the Council. The Communication proposes to set up an Expert Group on Information Systems and Interoperability to address the legal and technical feasibility of achieving interoperability of the information systems for borders and security. This group should assess the necessity and proportionality of establishing interoperability with the Schengen Information Systems (SIS) and the Visa Information Systems (VIS), and examine if there is a need to revise the legal framework for law enforcement access to EURODAC. Such interoperability must always respect the balance between individual liberties and collective security. _________________ 28 COM(2016) 205 final
Amendment 260 #
Proposal for a regulation Article 14 – paragraph 5 – subparagraph 1 Amendment 261 #
Proposal for a regulation Article 14 – paragraph 5 – subparagraph 2 Amendment 262 #
Proposal for a regulation Article 14 – paragraph 6 Amendment 263 #
Proposal for a regulation Article 14 – paragraph 6 – subparagraph 1 Amendment 264 #
Proposal for a regulation Article 14 – paragraph 6 – subparagraph 2 Amendment 265 #
Proposal for a regulation Article 15 Amendment 266 #
Proposal for a regulation Article 15 – paragraph 1 Amendment 267 #
Proposal for a regulation Article 15 – paragraph 2 Amendment 268 #
Proposal for a regulation Article 15 – paragraph 3 Amendment 269 #
Proposal for a regulation Article 15 – paragraph 4 Amendment 27 #
Proposal for a regulation Recital 15 Amendment 270 #
Proposal for a regulation Article 16 Amendment 271 #
Proposal for a regulation Article 16 – paragraph 2 Amendment 272 #
Proposal for a regulation Article 16 – paragraph 3 Amendment 273 #
Proposal for a regulation Article 16 – paragraph 4 Amendment 274 #
Proposal for a regulation Article 16 – paragraph 5 Amendment 275 #
Proposal for a regulation Article 16 – paragraph 6 Amendment 276 #
Proposal for a regulation Article 17 Amendment 277 #
Proposal for a regulation Article 17 – paragraph 1 Amendment 278 #
Proposal for a regulation Article 17 – paragraph 2 Amendment 279 #
Proposal for a regulation Article 17 – paragraph 3 Amendment 28 #
Proposal for a regulation Recital 16 Amendment 280 #
Proposal for a regulation Article 17 – paragraph nouveau4 Amendment 281 #
Proposal for a regulation Article 18 Amendment 282 #
Proposal for a regulation Article 18 – paragraph 1 Amendment 283 #
Proposal for a regulation Article 18 – paragraph 2 Amendment 285 #
Proposal for a regulation Article 19 – paragraph 1 Amendment 286 #
Proposal for a regulation Article 19 – paragraph 2 Amendment 287 #
Proposal for a regulation Article 19 – paragraph 2 – subparagraph 1 Amendment 288 #
Proposal for a regulation Article 19 – paragraph 2 – subparagraph 2 Amendment 289 #
Proposal for a regulation Article 19 – paragraph 3 Amendment 29 #
Amendment 290 #
Proposal for a regulation Article 19 – paragraph 4 Amendment 291 #
Proposal for a regulation Article 19 – paragraph 5 Amendment 293 #
Proposal for a regulation Article 20 – paragraph 1 Amendment 294 #
Proposal for a regulation Article 20 – paragraph 2 Amendment 295 #
Proposal for a regulation Article 20 – paragraph 3 Amendment 296 #
Proposal for a regulation Article 20 – paragraph nouveau4 Amendment 297 #
Proposal for a regulation Article 20 – paragraph 5 Amendment 298 #
Proposal for a regulation Article 21 Amendment 299 #
Proposal for a regulation Article 21 – paragraph 1 Amendment 30 #
Proposal for a regulation Recital 18 Amendment 300 #
Proposal for a regulation Article 21 – paragraph 1 – indent 1 Amendment 301 #
Proposal for a regulation Article 21 – paragraph 1 – indent 2 Amendment 302 #
Proposal for a regulation Article 21 – paragraph 1 – indent 3 Amendment 303 #
Proposal for a regulation Article 21 – paragraph 1 – indent 3 – paragraph 1 Amendment 304 #
Proposal for a regulation Article 21 – paragraph 1 – indent 3 – paragraph 2 Amendment 305 #
Proposal for a regulation Article 21 – paragraph 1 – indent 3 – paragraph 2 – point a Amendment 306 #
Proposal for a regulation Article 21 – paragraph 1 – indent 3 – paragraph 2 – point b Amendment 307 #
Proposal for a regulation Article 21 – paragraph 1 – indent 3 – paragraph 2 – point c Amendment 308 #
Proposal for a regulation Article 21 – paragraph 2 Amendment 309 #
Proposal for a regulation Article 22 Amendment 31 #
Proposal for a regulation Recital 18 (18) Moreover, Europol plays a key role with respect to cooperation between Member States' authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. Consequently, Europol should also have access to Eurodac within the framework of its tasks and in accordance with Council Decision 2009/371/JHA31
Amendment 310 #
Proposal for a regulation Article 22 – paragraph 1 Amendment 311 #
Proposal for a regulation Article 22 – paragraph 1 – point a Amendment 312 #
Proposal for a regulation Article 22 – paragraph 1 – point b Amendment 313 #
Proposal for a regulation Article 22 – paragraph 1 – point c Amendment 314 #
Proposal for a regulation Article 22 – paragraph 2 Amendment 315 #
Proposal for a regulation Article 22 – paragraph 3 Amendment 316 #
Proposal for a regulation Article 23 Amendment 317 #
Proposal for a regulation Article 23 – paragraph 1 Amendment 318 #
Proposal for a regulation Article 23 – paragraph 2 Amendment 319 #
Proposal for a regulation Article 24 Amendment 32 #
Proposal for a regulation Recital 19 Amendment 320 #
Proposal for a regulation Article 24 – paragraph 1 Amendment 321 #
Proposal for a regulation Article 24 – paragraph 1 – point a Amendment 322 #
Proposal for a regulation Article 24 – paragraph 1 – point b Amendment 323 #
Proposal for a regulation Article 24 – paragraph 1 – point c Amendment 324 #
Proposal for a regulation Article 24 – paragraph 1 – point d Amendment 325 #
Proposal for a regulation Article 24 – paragraph 1 – point e Amendment 326 #
Proposal for a regulation Article 24 – paragraph 2 Amendment 327 #
Proposal for a regulation Article 24 – paragraph 3 Amendment 328 #
Proposal for a regulation Article 24 – paragraph 4 Amendment 329 #
Proposal for a regulation Article 24 – paragraph 4 – point a Amendment 33 #
Proposal for a regulation Recital 20 Amendment 330 #
Proposal for a regulation Article 24 – paragraph 4 – point b Amendment 331 #
Proposal for a regulation Article 24 – paragraph 4 – point c Amendment 332 #
Proposal for a regulation Article 24 – paragraph 4 – point c – paragraph 1 Amendment 333 #
Proposal for a regulation Article 24 – paragraph 4 – point c – paragraph 2 Amendment 335 #
Proposal for a regulation Article 25 – paragraph 1 Amendment 336 #
Proposal for a regulation Article 25 – paragraph 2 Amendment 337 #
Proposal for a regulation Article 25 – paragraph 3 Amendment 338 #
Proposal for a regulation Article 25 – paragraph 4 Amendment 339 #
Proposal for a regulation Article 25 – paragraph 5 Amendment 34 #
Proposal for a regulation Recital 21 (21)
Amendment 340 #
Proposal for a regulation Article 25 – paragraph 6 Amendment 342 #
Proposal for a regulation Article 26 – paragraph 1 Amendment 343 #
Proposal for a regulation Article 26 – paragraph 2 Amendment 344 #
Proposal for a regulation Article 26 – paragraph 3 Amendment 345 #
Proposal for a regulation Article 26 – paragraph 4 Amendment 346 #
Proposal for a regulation Article 26 – paragraph 5 Amendment 347 #
Proposal for a regulation Article 26 – paragraph 5 – subparagraph 1 Amendment 348 #
Proposal for a regulation Article 26 – paragraph 5 – subparagraph 2 Amendment 349 #
Proposal for a regulation Article 26 – paragraph 6 Amendment 35 #
Proposal for a regulation Recital 21 (21) Even though the original purpose of the establishment of Eurodac did not require the facility of requesting comparisons of data with the database on the basis of a latent fingerprint, which is the dactyloscopic trace which may be found at a crime scene, such a facility is fundamental in the field of police cooperation. The possibility to compare a latent fingerprint with the fingerprint data which is stored in Eurodac in cases where there are reasonable and duly stated grounds for believing that the perpetrator or victim may fall under one of the categories covered by this Regulation will provide the designated authorities of the Member States with a very valuable tool in preventing, detecting or investigating terrorist offences or other serious criminal offences, when for example the only evidence available at a crime scene are latent fingerprints.
Amendment 350 #
Proposal for a regulation Article 27 Amendment 351 #
Proposal for a regulation Article 27 – paragraph 1 Amendment 352 #
Proposal for a regulation Article 28 A
Amendment 353 #
Proposal for a regulation Article 28 – paragraph 1 Amendment 354 #
Proposal for a regulation Article 28 – paragraph 1 – subparagraph 1 Amendment 355 #
Proposal for a regulation Article 28 – paragraph 1 – subparagraph 2 Amendment 356 #
Proposal for a regulation Article 28 – paragraph 2 Amendment 357 #
Proposal for a regulation Article 28 – paragraph 3 Amendment 358 #
Proposal for a regulation Article 28 – paragraph 4 Amendment 359 #
Proposal for a regulation Article 28 – paragraph 4 – subparagraph 1 Amendment 36 #
Proposal for a regulation Recital 22 Amendment 360 #
Proposal for a regulation Article 28 – paragraph 4 – subparagraph 2 Amendment 361 #
Proposal for a regulation Article 28 – paragraph 5 Amendment 362 #
Proposal for a regulation Article 29 Amendment 363 #
Proposal for a regulation Article 29 – paragraph 1 Amendment 364 #
Proposal for a regulation Article 29 – paragraph 2 Amendment 365 #
Proposal for a regulation Article 29 – paragraph 3 Amendment 367 #
Proposal for a regulation Article 30 – paragraph 1 Amendment 368 #
Proposal for a regulation Article 30 – paragraph 1 – point a Amendment 369 #
Proposal for a regulation Article 30 – paragraph 1 – point b Amendment 37 #
Proposal for a regulation Recital 23 Amendment 370 #
Proposal for a regulation Article 30 – paragraph 1 – point c Amendment 371 #
Proposal for a regulation Article 30 – paragraph 1 – point d Amendment 372 #
Proposal for a regulation Article 30 – paragraph 1 – point e Amendment 373 #
Proposal for a regulation Article 30 – paragraph 1 – point f Amendment 374 #
Proposal for a regulation Article 30 – paragraph 1 – point g Amendment 375 #
Proposal for a regulation Article 30 – paragraph 2 Amendment 376 #
Proposal for a regulation Article 30 – paragraph 2 – subparagraph 1 Amendment 377 #
Proposal for a regulation Article 30 – paragraph 2 – subparagraph 2 Amendment 378 #
Proposal for a regulation Article 30 – paragraph 3 Amendment 379 #
Proposal for a regulation Article 30 – paragraph 3 – subparagraph 1 Amendment 38 #
Proposal for a regulation Recital 24 Amendment 380 #
Proposal for a regulation Article 30 – paragraph 3 – subparagraph 2 Amendment 381 #
Proposal for a regulation Article 30 – paragraph 3 – subparagraph 3 Amendment 383 #
Proposal for a regulation Article 31 – paragraph 1 Amendment 384 #
Proposal for a regulation Article 31 – paragraph 2 Amendment 385 #
Proposal for a regulation Article 31 – paragraph 2 Amendment 386 #
Proposal for a regulation Article 31 – paragraph 3 Amendment 387 #
Proposal for a regulation Article 31 – paragraph 4 Amendment 388 #
Proposal for a regulation Article 31 – paragraph 4 – subparagraph 1 Amendment 389 #
Proposal for a regulation Article 31 – paragraph 4 – subparagraph 2 Amendment 39 #
Proposal for a regulation Recital 25 Amendment 390 #
Proposal for a regulation Article 31 – paragraph 5 Amendment 391 #
Proposal for a regulation Article 31 – paragraph 6 Amendment 392 #
Proposal for a regulation Article 31 – paragraph 7 Amendment 393 #
Proposal for a regulation Article 31 – paragraph 8 Amendment 394 #
Proposal for a regulation Article 32 Amendment 395 #
Proposal for a regulation Article 32 – paragraph 1 Amendment 396 #
Proposal for a regulation Article 32 – paragraph 2 Amendment 397 #
Proposal for a regulation Article 33 Amendment 398 #
Proposal for a regulation Article 33 – paragraph 1 Amendment 399 #
Proposal for a regulation Article 33 – paragraph 2 Amendment 40 #
Proposal for a regulation Recital 26 Amendment 400 #
Proposal for a regulation Article 34 Amendment 401 #
Proposal for a regulation Article 34 – paragraph 1 Amendment 402 #
Proposal for a regulation Article 34 – paragraph 2 Amendment 403 #
Proposal for a regulation Article 34 – paragraph 2 – subparagraph 1 Amendment 404 #
Proposal for a regulation Article 34 – paragraph 2 – subparagraph 2 Amendment 405 #
Proposal for a regulation Article 34 – paragraph 3 Amendment 406 #
Proposal for a regulation Article 34 – paragraph 4 Amendment 407 #
Proposal for a regulation Article 35 Amendment 408 #
Proposal for a regulation Article 35 – paragraph 1 Amendment 409 #
Proposal for a regulation Article 35 – paragraph 2 Amendment 41 #
Proposal for a regulation Recital 27 Amendment 410 #
Proposal for a regulation Article 35 – paragraph 3 Amendment 411 #
Proposal for a regulation Article 35 – paragraph 4 Amendment 413 #
Proposal for a regulation Article 36 – paragraph 1 Amendment 415 #
Proposal for a regulation Article 36 – paragraph 2 – point a Amendment 416 #
Proposal for a regulation Article 36 – paragraph 2 – point b Amendment 417 #
Proposal for a regulation Article 36 – paragraph 2 – point c Amendment 418 #
Proposal for a regulation Article 36 – paragraph 2 – point d Amendment 419 #
Proposal for a regulation Article 36 – paragraph 2 – point e Amendment 42 #
Proposal for a regulation Recital 28 Amendment 420 #
Proposal for a regulation Article 36 – paragraph 2 – point f Amendment 421 #
Proposal for a regulation Article 36 – paragraph 2 – point g Amendment 422 #
Proposal for a regulation Article 36 – paragraph 2 – point h Amendment 423 #
Proposal for a regulation Article 36 – paragraph 2 – point i Amendment 424 #
Proposal for a regulation Article 36 – paragraph 2 – point j Amendment 425 #
Proposal for a regulation Article 36 – paragraph 2 – point k Amendment 426 #
Proposal for a regulation Article 36 – paragraph 2 – point l Amendment 427 #
Proposal for a regulation Article 36 – paragraph 2 – point m Amendment 428 #
Proposal for a regulation Article 36 – paragraph 2 – point n Amendment 429 #
Proposal for a regulation Article 36 – paragraph 3 Amendment 43 #
Proposal for a regulation Recital 29 Amendment 430 #
Proposal for a regulation Article 36 – paragraph 4 Amendment 431 #
Proposal for a regulation Article 37 Amendment 432 #
Proposal for a regulation Article 37 – paragraph 1 Amendment 433 #
Proposal for a regulation Article 37 – paragraph 2 Amendment 434 #
Proposal for a regulation Article 37 – paragraph 3 Amendment 435 #
Proposal for a regulation Article 37 – paragraph nouveau4 Amendment 436 #
Proposal for a regulation Article 38 Amendment 437 #
Proposal for a regulation Article 38 – paragraph 1 Amendment 438 #
Proposal for a regulation Article 38 – paragraph 1 – point a Amendment 439 #
Proposal for a regulation Article 38 – paragraph 1 – point c Amendment 44 #
Proposal for a regulation Recital 30 Amendment 440 #
Proposal for a regulation Article 38 – paragraph 2 Amendment 441 #
Proposal for a regulation Article 38 – paragraph 3 Amendment 442 #
Proposal for a regulation Article 39 Amendment 443 #
Proposal for a regulation Article 39 – paragraph 1 Amendment 444 #
Proposal for a regulation Article 39 – paragraph 2 Amendment 445 #
Proposal for a regulation Article 39 – paragraph 2 – point a Amendment 446 #
Proposal for a regulation Article 39 – paragraph 2 – point b Amendment 447 #
Proposal for a regulation Article 39 – paragraph 2 – point c Amendment 448 #
Proposal for a regulation Article 39 – paragraph 2 – point d Amendment 449 #
Proposal for a regulation Article 39 – paragraph 2 – point e Amendment 45 #
Proposal for a regulation Recital 31 Amendment 450 #
Proposal for a regulation Article 39 – paragraph 2 – point f Amendment 451 #
Proposal for a regulation Article 39 – paragraph 2 – point g Amendment 452 #
Proposal for a regulation Article 39 – paragraph 2 – point h Amendment 453 #
Proposal for a regulation Article 39 – paragraph 3 Amendment 454 #
Proposal for a regulation Article 40 Amendment 455 #
Proposal for a regulation Article 40 – paragraph 1 Amendment 456 #
Proposal for a regulation Article 40 – paragraph 2 Amendment 457 #
Proposal for a regulation Article 40 – paragraph 3 Amendment 458 #
Proposal for a regulation Article 41 Amendment 459 #
Proposal for a regulation Article 41 – paragraph 1 Amendment 46 #
Proposal for a regulation Recital 32 Amendment 460 #
Proposal for a regulation Article 41 – paragraph 1 1. The costs incurred in connection with the establishment and operation of the Central System and the Communication Infrastructure shall be borne by the general budget of the European Union, in accordance with the principles of sound financial management.
Amendment 461 #
Proposal for a regulation Article 41 – paragraph 2 Amendment 462 #
Proposal for a regulation Article 41 – paragraph 3 Amendment 464 #
Proposal for a regulation Article 42 – paragraph 1 Amendment 465 #
Proposal for a regulation Article 42 – paragraph 2 Amendment 466 #
Proposal for a regulation Article 42 – paragraph 3 Amendment 467 #
Proposal for a regulation Article 42 – paragraph 4 Amendment 468 #
Proposal for a regulation Article 42 – paragraph nouveau5 Amendment 469 #
Proposal for a regulation Article 42 – paragraph 6 Amendment 47 #
Proposal for a regulation Recital 33 Amendment 470 #
Proposal for a regulation Article 42 – paragraph 7 Amendment 471 #
Proposal for a regulation Article 42 – paragraph 8 Amendment 472 #
Proposal for a regulation Article 42 – paragraph 8 – indent 1 Amendment 473 #
Proposal for a regulation Article 42 – paragraph 8 – indent 2 Amendment 474 #
Proposal for a regulation Article 42 – paragraph 8 – indent 3 Amendment 475 #
Proposal for a regulation Article 42 – paragraph 8 – indent 4 Amendment 476 #
Proposal for a regulation Article 42 – paragraph 8 – indent 5 Amendment 477 #
Proposal for a regulation Article 42 – paragraph 8 – indent 6 Amendment 478 #
Proposal for a regulation Article 42 – paragraph 8 – indent 6 – paragraph 1 Amendment 479 #
Proposal for a regulation Article 42 – paragraph 8 – indent 6 – paragraph 2 Amendment 48 #
Proposal for a regulation Recital 33 (33) In view of successfully preventing and monitoring unauthorised movements of third-country nationals or stateless persons who have no right to stay in the Union, and of taking the necessary measures for
Amendment 480 #
Proposal for a regulation Article 42 – paragraph 9 Amendment 481 #
Proposal for a regulation Article 43 Amendment 482 #
Proposal for a regulation Article 43 – paragraph 1 Amendment 483 #
Proposal for a regulation Article 44 Amendment 484 #
Proposal for a regulation Article 44 – paragraph 1 Amendment 485 #
Proposal for a regulation Article 45 Amendment 486 #
Proposal for a regulation Article 45 – paragraph 1 Amendment 487 #
Proposal for a regulation Article 45 – paragraph 2 Amendment 488 #
Proposal for a regulation Article 45 – paragraph 3 Amendment 489 #
Proposal for a regulation Article 46 Amendment 49 #
Proposal for a regulation Recital 34 Amendment 490 #
Proposal for a regulation Article 46 – paragraph 1 Amendment 491 #
Proposal for a regulation Article 46 – paragraph 2 Amendment 492 #
Proposal for a regulation Article 47 Amendment 493 #
Proposal for a regulation Article 47 – paragraph 1 Amendment 494 #
Proposal for a regulation Article 47 – paragraph 2 Amendment 495 #
Proposal for a regulation Article 47 – paragraph 3 Amendment 496 #
Proposal for a regulation Article 47 – paragraph 4 Amendment 497 #
Proposal for a regulation Article 47 – paragraph 5 Amendment 498 #
Proposal for a regulation Article 47 – paragraph 6 Amendment 499 #
Proposal for a regulation Article 47 – paragraph 7 Amendment 50 #
Proposal for a regulation Recital 35 Amendment 51 #
Proposal for a regulation Recital 36 Amendment 52 #
Proposal for a regulation Recital 37 Amendment 53 #
Proposal for a regulation Recital 38 Amendment 54 #
Proposal for a regulation Recital 39 Amendment 55 #
Proposal for a regulation Recital 40 Amendment 56 #
Proposal for a regulation Recital 41 Amendment 57 #
Proposal for a regulation Recital 42 Amendment 58 #
Proposal for a regulation Recital 43 Amendment 59 #
Proposal for a regulation Recital 44 Amendment 60 #
Proposal for a regulation Recital 45 Amendment 61 #
Proposal for a regulation Recital 46 Amendment 62 #
Proposal for a regulation Recital 48 Amendment 63 #
Proposal for a regulation Recital 49 Amendment 64 #
Proposal for a regulation Recital 50 Amendment 65 #
Proposal for a regulation Recital 51 Amendment 66 #
Proposal for a regulation Recital 52 Amendment 67 #
Proposal for a regulation Recital 53 Amendment 68 #
Proposal for a regulation Recital 54 Amendment 69 #
Proposal for a regulation Recital 55 Amendment 70 #
Proposal for a regulation Recital 56 Amendment 71 #
Proposal for a regulation Recital 57 Amendment 72 #
Proposal for a regulation Recital 58 Amendment 73 #
Proposal for a regulation Recital 59 Amendment 74 #
Proposal for a regulation Recital 60 Amendment 75 #
Proposal for a regulation Recital 61 Amendment 76 #
Proposal for a regulation Recital 62 Amendment 77 #
Proposal for a regulation Recital 63 Amendment 78 #
Proposal for a regulation Recital 64 Amendment 79 #
Proposal for a regulation Recital 65 Amendment 80 #
Proposal for a regulation Recital 66 Amendment 81 #
Proposal for a regulation Recital 67 Amendment 82 #
Proposal for a regulation Recital 68 Amendment 83 #
Proposal for a regulation Recital 69 Amendment 84 #
Proposal for a regulation Article 1 Amendment 85 #
Proposal for a regulation Article 1 – paragraph 1 Amendment 86 #
Proposal for a regulation Article 1 – paragraph 1 – point a Amendment 87 #
Proposal for a regulation Article 1 – paragraph 1 – point b Amendment 88 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) assist with the control of illegal immigration to and secondary movements within the Union and with the identification of illegally staying third- country nationals for determining the appropriate measures to be taken by Member States, including removal and repatriation of
Amendment 89 #
Proposal for a regulation Article 1 – paragraph 1 – point nouveau c Amendment 90 #
Proposal for a regulation Article 1 – paragraph 2 Amendment 92 #
Proposal for a regulation Article 2 – paragraph 1 Amendment 93 #
Proposal for a regulation Article 2 – paragraph 2 Amendment 94 #
Proposal for a regulation Article 2 – paragraph 3 Amendment 95 #
Proposal for a regulation Article 2 – paragraph 3 3. Member States
Amendment 96 #
Proposal for a regulation Article 2 – paragraph 4 Amendment 97 #
Proposal for a regulation Article 2 – paragraph 5 source: 599.740
2017/03/03
LIBE
395 amendments...
Amendment 100 #
Proposal for a regulation Recital 20 (20) Since Eurodac was originally established to facilitate the application of the Dublin Convention, access to Eurodac for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences constitutes a change of the original purpose of Eurodac, which interferes with the fundamental right to respect for the private life of individuals whose personal data are processed in Eurodac. In line with the requirements of Article 52(1) of the Charter of Fundamental Rights of the European Union, any such interference must be in accordance with the law, which must be formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise. Any interference must be necessary
Amendment 101 #
Proposal for a regulation Recital 20 (20) Since Eurodac was originally established to facilitate the application of the Dublin Convention, access to Eurodac for the purposes of preventing, detecting
Amendment 102 #
Proposal for a regulation Recital 22 (22) This Regulation also lays down the conditions under which requests for comparison of fingerprint, facial image and alphanumeric data with Eurodac data for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences should be allowed and the necessary safeguards to ensure the protection of the fundamental right to respect for the private life of individuals whose personal data are processed in Eurodac. The strictness of those conditions reflects the fact that the Eurodac database registers fingerprint, facial image and alphanumeric data of persons who are not presumed to have committed a terrorist offence or other serious criminal offence. Although comparisons based on fingerprint and facial image data result in search results of greater accuracy, it is acknowledged that law enforcement authorities and Europol do not always possess the fingerprint and facial image data of suspects or victims whose case they are investigating, which could hamper their ability to match fingerprints and facial images in databases such as Eurodac. In order to contribute further to the investigations of those authorities and Europol, searches based on alphanumeric data should be allowed in Eurodac in such cases, in particular where those authorities and Europol possess evidence of the criminal suspect or victim's personal details or identity documents.
Amendment 103 #
Proposal for a regulation Recital 23 (23) With a view to ensuring equal treatment for all applicants and beneficiaries of international protection, as well as in order to ensure consistency with the current Union asylum acquis, in particular with Directive 2011/95/EU of the European Parliament and of the Council32 and with Regulation XXX/XXX establishing a Union Resettlement Framework and Regulation (EU) No […/…], this Regulation includes in its scope applicants for subsidiary protection and persons eligible for subsidiary protection
Amendment 104 #
Proposal for a regulation Recital 24 (24) It is also necessary to require the Member States promptly to take and transmit the
Amendment 105 #
Proposal for a regulation Recital 24 (24) It is also necessary to require the Member States promptly to take and transmit the fingerprint data of every applicant for international protection and of every third-country national or stateless person who is apprehended in connection with the irregular crossing of an external border of a Member State
Amendment 106 #
Proposal for a regulation Recital 24 (24) It is also necessary to require the Member States promptly to take and transmit the fingerprints and facial image data of every applicant for international protection and of every third-country national or stateless person who is apprehended in connection with the irregular crossing of an external border of a Member State or is found to be staying illegally in a Member State
Amendment 107 #
Proposal for a regulation Recital 25 (25) In view of strengthening the protection of all migrant and refugee children, including unaccompanied minors who have not applied for international protection and those children who may become separated from their families, it is also necessary to take fingerprints and a facial image for storage in the Central System until they reach the age of 18 to help establish their identity
Amendment 108 #
Proposal for a regulation Recital 25 (25) In view of strengthening the protection of unaccompanied minors who have not applied for international protection and those children who may become separated from their families, it is also necessary to take fingerprints and a facial image for storage in the Central System to help establish the identity of a child and assist a Member State to trace any family or links they may have with another Member State. Establishing family links is a key element in restoring family unity and must be is closely linked to the determination of the best interests of the child and eventually, the determination of a durable solution. In performing all these operations, Member States should adhere to the principles laid down in the United Nations Convention on the Rights of the Child of 1989.
Amendment 109 #
Proposal for a regulation Recital 25 (25) In
Amendment 110 #
Proposal for a regulation Recital 26 (26) The best interests of the
Amendment 111 #
Proposal for a regulation Recital 26 (26) The best interests of the minor should be a primary consideration for Member States when applying this Regulation. Where the requesting Member State establishes that Eurodac data pertain to a child, these data may only be used for law enforcement purposes
Amendment 112 #
Proposal for a regulation Recital 26 (26) The best interests of the minor should be a primary consideration for Member States when applying this Regulation. Where the requesting Member State establishes that Eurodac data pertain to a child, these data may only be used for law enforcement purposes
Amendment 113 #
Proposal for a regulation Recital 27 (27) It is necessary to lay down precise rules for the transmission of such fingerprint
Amendment 114 #
Proposal for a regulation Recital 28 (28) Member States should ensure the transmission of fingerprint
Amendment 115 #
Proposal for a regulation Recital 28 (28) Member States should ensure the transmission of fingerprint and facial image data of an appropriate quality for the purpose of comparison by means of the computerised fingerprint and facial recognition system. All authorities with a right of access to Eurodac should invest in adequate training and in the necessary technological equipment. The authorities with a right of access to Eurodac should inform the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice established by Regulation (EU) No 1077/2011 of the European Parliament and of the Council33 ( "eu-LISA" ) of specific difficulties encountered with regard to the quality of data, in order to resolve the
Amendment 116 #
Proposal for a regulation Recital 29 (29) The fact that it is temporarily or permanently impossible to take and/or to transmit fingerprint
Amendment 117 #
Proposal for a regulation Recital 30 (30) Member States should
Amendment 118 #
Proposal for a regulation Recital 30 (30) Member States should refer to the Commission's Staff Working Document on Implementation of the Eurodac Regulation as regards the obligation to take fingerprints adopted by the Council on 20 July 201534 , which sets out a best practice approach to taking fingerprints of irregular third-country nationals. Furthermore, Member States should refer to the guidelines established by the European Union Agency for Fundamental Rights in its Focus Paper "Fundamental rights implications of the obligation to provide fingerprints for Eurodac" of May 2015.34a Where a Member State's national law allows for the taking of fingerprints by force or coercion as a last resort, those measures must fully respect the EU Charter of Fundamental Rights. Third-country nationals
Amendment 119 #
Proposal for a regulation Recital 30 (30) Member States should refer to the Commission's Staff Working Document on Implementation of the Eurodac Regulation as regards the obligation to take fingerprints adopted by the Council on 20 July 201534 , which sets out a best practice approach to taking fingerprints of irregular third-country nationals
Amendment 120 #
Proposal for a regulation Recital 30 (30) Member States should
Amendment 121 #
Proposal for a regulation Recital 30 (30) It is of the utmost importance for the well-functioning of the Common European Asylum System that a registration rate of 100% is achieved as regards applications for international protection lodged in one of the Member States by a third-country national or a stateless person, persons apprehended in connection with the unlawful crossing of the external borders of the Union and third-country nationals or stateless persons found illegally staying on its territory. In order to achieve this registration rate, Member States should refer to the Commission's Staff Working Document on Implementation of the Eurodac Regulation as regards the obligation to take fingerprints adopted by the Council on 20 July 201534 , which sets out a best practice approach to taking fingerprints of irregular third-country nationals or stateless persons. Where a Member State's national law allows for the taking of fingerprints by force or coercion as a last resort, those measures must fully respect the EU Charter of Fundamental Rights. Third-country nationals or stateless persons who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image, except in duly justified circumstances that are permitted under national law.
Amendment 122 #
Proposal for a regulation Recital 31 (31) Hits obtained from Eurodac should be verified by a trained fingerprint and facial identification expert in order to ensure the accurate determination of responsibility under Regulation (EU) No […/…] ; the exact identification of the third-country national or stateless person and the exact identification of the criminal suspect or victim of crime whose data might be stored in Eurodac.
Amendment 123 #
Proposal for a regulation Recital 32 (32)
Amendment 124 #
Proposal for a regulation Recital 32 (32) The maximum period during which fingerprint and facial image data of third-country nationals or stateless persons who have requested international protection
Amendment 125 #
Proposal for a regulation Recital 32 (32) Third-country nationals or stateless persons who have requested international protection in one Member State may try to request international protection in another Member State for many years to come. Therefore, the maximum period during which
Amendment 126 #
Proposal for a regulation Recital 32 (32) Third-country nationals or stateless persons who have requested international protection in one Member State may
Amendment 127 #
Proposal for a regulation Recital 32 a (new) (32a) The data on third country nationals and stateless persons resettled in a Member State by virtue of Regulation XXX/XXX should be kept for a period of 10 years. This is the period already applicable in the case of other applicants and beneficiaries of international protection.
Amendment 128 #
Proposal for a regulation Recital 32 a (new) (32 a) In its conclusions on Statelessness of 4 December 2015, the Council and the Representatives of the Governments of the Member States recalled the Union's pledge of September 2012 that all Member States will accede to the 1954 Convention relating to the Status of Stateless Persons and will consider acceding to the 1961 Convention. In its resolution of 25 October 2016 on human rights and migration in third countries, the European Parliament recalled the importance of identifying stateless persons in order to afford them the protections available under international law.
Amendment 129 #
Proposal for a regulation Recital 33 Amendment 130 #
Proposal for a regulation Recital 33 (33) In view of successfully preventing and monitoring unauthorised movements of third-country nationals or stateless persons who have no right to stay in the Union, and of taking the necessary measures for successfully enforcing effective return and readmission to third countries in accordance with Directive 2008/115/EC35 and the right to protection of personal data, a period of
Amendment 131 #
Proposal for a regulation Recital 33 (33) In view of successfully preventing and monitoring unauthorised movements of third-country nationals or stateless persons who have no right to stay in the Union, and of taking the necessary measures for successfully enforcing effective return and readmission to third countries in accordance with Directive 2008/115/EC35 and the right to protection of personal data, a period of
Amendment 132 #
Proposal for a regulation Recital 34 (34) The storage period should be shorter in certain special situations where there is no need to keep fingerprint
Amendment 133 #
Proposal for a regulation Recital 34 (34) The storage period should be shorter in certain special situations where there is no need to keep fingerprint and facial data and all other personal data for that length of time. Fingerprint and facial image data and all other personal data belonging to a third-country national should be erased immediately and permanently once third-
Amendment 134 #
Proposal for a regulation Recital 34 (34) The storage period should be shorter in certain special situations where there is no need to keep fingerprint and facial image data and all other personal data for that length of time. Fingerprint and facial image data and all other personal data belonging to a third-country national or stateless person should be erased immediately once third-
Amendment 135 #
Proposal for a regulation Recital 37 (37) It is necessary to lay down clearly the respective responsibilities of the Commission and eu-LISA
Amendment 136 #
Proposal for a regulation Recital 41 (41)
Amendment 137 #
Proposal for a regulation Recital 42 (42) In addition, access should be allowed only on condition that
Amendment 138 #
Proposal for a regulation Recital 43 Amendment 139 #
Proposal for a regulation Recital 46 (46) Since the objective of this Regulation, namely the creation of a system for the comparison of fingerprint
Amendment 140 #
Proposal for a regulation Recital 50 (50) Transfers of personal data obtained by a Member State or Europol pursuant to this Regulation from the Central System to any third country or international organisation or private entity established in or outside the Union should be prohibited, in order to ensure the right to asylum and to safeguard applicants for international protection and third-country nationals and stateless persons for whom Member States intend to conduct a resettlement procedure under Regulation XXX/XXX from having their data disclosed to a third country. This implies that Member States should not transfer information obtained from the Central System concerning: the name(s); date of birth; nationality; the Member State(s) of origin or Member State of allocation or the Member State of resettlement; the details of the identity or travel document;
Amendment 141 #
Proposal for a regulation Recital 50 (50) Transfers of personal data obtained by a Member State or Europol pursuant to this Regulation from the Central System to any third country or international organisation or private entity established in or outside the Union should be prohibited, in order to ensure the right to asylum and to safeguard applicants for international protection from having their data disclosed to a third country. This implies that Member States should not transfer information obtained from the Central System concerning: the name(s); date of birth; nationality; the Member State(s) of origin or Member State of allocation; the details of the identity or travel document; ; the place and date of application for international protection; the reference number used by the Member State of origin; the date on which the fingerprints and facial image were taken as well as the date on which the Member State(s) transmitted the data to Eurodac; the operator user ID; and any information relating to any transfer of the data subject under [Regulation (EU) No 604/2013]. That prohibition should be without prejudice to the right of Member States to transfer such data to third countries to which [Regulation (EU) No 604/2013] applies [ in accordance with Regulation (EU) No […/2016]respectively with the national rules adopted pursuant to Directive [2016/…/EU] ], in order to ensure that Member States have the possibility of cooperating with such third countries for the purposes of this Regulation.
Amendment 142 #
Proposal for a regulation Recital 51 (51) In
Amendment 143 #
Proposal for a regulation Recital 69 (69) It is appropriate to restrict the territorial scope of this Regulation so as to align it on the territorial scope of Regulation (EU) No […/…]
Amendment 144 #
Proposal for a regulation Article 1 – paragraph 1 – point a a (new) (aa) facilitate the implementation of Regulation XXX/XXX in accordance with the relevant provisions of that Regulation.
Amendment 145 #
Proposal for a regulation Article 1 – paragraph 1 – point b Amendment 146 #
Proposal for a regulation Article 1 – paragraph 1 – point b Amendment 147 #
Proposal for a regulation Article 1 – paragraph 1 – point b Amendment 148 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) assist with the
Amendment 149 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b)
Amendment 150 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) assist with the control of illegal immigration to and secondary movements within the Union and with the identification of illegally staying third- country nationals
Amendment 151 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) assist with the control of illegal immigration to and secondary movements within the Union and with the identification of illegally staying third- country nationals for determining the appropriate measures to be taken by Member States, including removal and repatriation of persons residing without authorisation, in accordance with the principles of necessity and proportionality provided for in Article 52(1) of the Charter and the relevant case law of the CJEU.
Amendment 152 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) assist with the control of i
Amendment 153 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) assist with the
Amendment 154 #
Proposal for a regulation Article 1 – paragraph 1 – point c (c) lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of fingerprint and facial image data with those stored in the Central System for law enforcement purposes
Amendment 155 #
Proposal for a regulation Article 1 – paragraph 1 – point c Amendment 156 #
Proposal for a regulation Article 1 – paragraph 1 – point c (c) lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of fingerprint and facial image data with those stored in the Central System for law enforcement purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences
Amendment 157 #
Proposal for a regulation Article 1 – paragraph 1 – point c (c) lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of fingerprint
Amendment 158 #
Proposal for a regulation Article 1 – paragraph 1 – point c (c) lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of fingerprint and facial image data with those stored in the Central System for law enforcement purposes for the prevention, detection
Amendment 159 #
Proposal for a regulation Article 1 – paragraph 1 – point c (c) lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of fingerprint
Amendment 160 #
Proposal for a regulation Article 1 – paragraph 1 – point nouveau c a (new) (ca) protect and identify children who are the victims of human trafficking or abuse, who have gone missing or have been kidnapped, and to establish children's identity and help Member States locate their family members or identify links that they may have with Member States in the best interests of such children.
Amendment 161 #
Proposal for a regulation Article 1 – paragraph 1 – point c a (new) (c a) facilitate family reunification and identify and protect child victims of trafficking in human beings. The personal data obtained from minors shall be exempted from the purposes set out in points (b) and (c). Special attention shall be given to the rights of unaccompanied minors.
Amendment 162 #
Proposal for a regulation Article 1 – paragraph 1 – point c a (new) (c a) assist the Member States in protecting and identifying child victims of trafficking in human beings and in protecting and identifying missing children and taking measures for family tracing and reunification
Amendment 163 #
Proposal for a regulation Article 1 – paragraph 1 – point c a (new) (c a) assist the Member States in protecting and identifying child victims of trafficking in human beings and in protecting and identifying missing children.
Amendment 164 #
Proposal for a regulation Article 1 – paragraph 2 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, fingerprints and facial image data and other personal data may be processed in Eurodac only for the purposes set out in this Regulation and [Article 34(1) of Regulation (EU)
Amendment 165 #
Proposal for a regulation Article 2 – title Amendment 166 #
Proposal for a regulation Article 2 – title Obligation to take fingerprints
Amendment 167 #
Proposal for a regulation Article 2 – paragraph 1 Amendment 168 #
Proposal for a regulation Article 2 – paragraph 1 1. The person referred to in Articles 10(1), 13(1) and 14(1) shall be registered. Therefore, Member States are obliged to take their fingerprints and facial image
Amendment 169 #
Proposal for a regulation Article 2 – paragraph 1 1. Member States are obliged to take the fingerprints and facial image of persons referred to in Article 10(1), 13(1) and 14(1) for the purposes of Article 1(1)(a), (b) and (
Amendment 170 #
Proposal for a regulation Article 2 – paragraph 1 1. Member States are obliged to take the fingerprints and facial image of persons referred to in Articles 10(1), 12(a), 13(1) and 14(1) for the purposes of Article 1(1)(a) and (b) of this Regulation and shall impose on the data-subject the requirement to provide his or her fingerprints and a facial image and inform them as such in accordance with Article 30 of this Regulation and in accordance with the provisions and guarantees laid down in the Annex to this Regulation.
Amendment 171 #
Proposal for a regulation Article 2 – paragraph 1 1. Member States are obliged to take the fingerprints
Amendment 172 #
Proposal for a regulation Article 2 – paragraph 1 a (new) 1 a. Member States shall record children who have gone missing from reception facilities as missing persons in the SIS. Missing children identified by Member State authorities based on a hit pursuant to Article 26 shall be promptly referred to the competent national child protection authorities, which shall undertake a needs assessment with a view to finding a durable solution for the child in accordance with his or her best interests.
Amendment 173 #
Proposal for a regulation Article 2 – paragraph 1 a (new) 1 a. The taking of fingerprints and the capturing of facial images of women and girls shall be carried out in a gender- sensitive manner by trained officials.
Amendment 174 #
Proposal for a regulation Article 2 – paragraph 2 2. Taking fingerprints and facial images of minors from the age of six shall be carried out in a child-friendly and child- sensitive manner by officials trained specifically to enrol minor's fingerprints and facial images. The minor shall be informed in an age-appropriate manner using leaflets and
Amendment 175 #
Proposal for a regulation Article 2 – paragraph 2 2. Taking fingerprints and facial images of minors from the age of six shall be carried out in a child-friendly and child- sensitive manner by officials trained specifically to enrol minor's fingerprints and facial images especially for the purpose laid down in point (ca) of Article 1(1). The minor shall be informed in written and oral form in an age- appropriate manner using leaflets and/or infographics and/or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors in a language they can understand and they shall be accompanied by a responsible adult, guardian or representative at the time their fingerprints and facial image are taken. At all times Member States must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image. Mental or physical coercion in order to coerce the taking of fingerprints or a facial image from minors or vulnerable persons shall not be allowed.
Amendment 176 #
Proposal for a regulation Article 2 – paragraph 2 2. Taking fingerprints and facial images of minors from the age of six shall only be carried out in the best interests of the child and in accordance with the other principles enshrined in the United Nations Convention on the Rights of the Child of 1989, in a child-friendly and child-
Amendment 177 #
Proposal for a regulation Article 2 – paragraph 2 2. Taking fingerprints and facial images of minors from the age of six shall be carried out in a child-friendly and child- sensitive manner by officials trained specifically to enrol minor's fingerprints and facial images and only for the purpose of points (a) and (ca) of Article 1(1). The minor shall be informed in an age- appropriate manner using leaflets and/or infographics and/or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a responsible adult, guardian or representative at the time their fingerprints and facial image are taken. At all times Member States must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image.
Amendment 178 #
Proposal for a regulation Article 2 – paragraph 2 2. Taking fingerprints and facial images of minors from the age of six shall be carried out in a child-friendly
Amendment 179 #
Proposal for a regulation Article 2 – paragraph 2 2. Taking fingerprints and facial images of minors from the age of six shall be carried out in a child-friendly and child- sensitive manner by officials trained specifically to enrol minor's fingerprints and facial images. The minor shall be informed in an age-appropriate manner using leaflets and/or infographics and/or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors in a language they can understand and they shall be accompanied by a responsible adult, guardian or representative at the time their fingerprints and facial image are taken. At all times Member States must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image.
Amendment 180 #
Proposal for a regulation Article 2 – paragraph 2 2. Taking fingerprints and facial images of minors from the age of six shall be carried out in a child-friendly and child- sensitive manner by officials trained specifically to enrol minor's fingerprints and facial images. The minor shall be informed in written form, in oral form or both, in an age-appropriate manner using leaflets and/or infographics and/or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a responsible adult, guardian or representative at the time their fingerprints and facial image are taken. At all times Member States must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image.
Amendment 181 #
Proposal for a regulation Article 2 – paragraph 2 2. Taking fingerprints and facial images of minors from the age of
Amendment 182 #
Proposal for a regulation Article 2 – paragraph 3 3.
Amendment 183 #
Proposal for a regulation Article 2 – paragraph 3 3. Member States
Amendment 184 #
Proposal for a regulation Article 2 – paragraph 3 3. For the purposes of achieving full registration of all the persons in accordance with paragraph 1, Member States
Amendment 185 #
Proposal for a regulation Article 2 – paragraph 3 3. Member States may introduce, where appropriate, well justified administrative sanctions, in accordance with their national law and with full respect of the Charter of Fundamental Rights of the European Union, for non- compliance with the fingerprinting process and capturing a facial image in accordance with paragraph 1 of this Article. These sanctions shall be effective, proportionate and dissuasive. In this context, detention
Amendment 186 #
Proposal for a regulation Article 2 – paragraph 3 3. Member States may introduce administrative sanctions, in accordance with their national law, for non-compliance with the fingerprinting process and capturing a facial image in accordance with paragraph 1 of this Article. These sanctions shall be effective, proportionate and dissuasive. In this context, detention should
Amendment 187 #
Proposal for a regulation Article 2 – paragraph 3 3. Member States may introduce administrative sanctions, in accordance with their national law, for non-compliance with the fingerprinting process and capturing a facial image in accordance with paragraph 1 of this Article. These sanctions shall be effective, proportionate and dissuasive. In this context, detention should only be used as a means of last resort in order to determine or verify a third-country national's identity. In each individual case an assessment shall be made in order to determine whether all pre-conditions required to prevent arbitrary detention are fulfilled.
Amendment 188 #
Proposal for a regulation Article 2 – paragraph 4 4. Without prejudice to paragraph 3 of this Article, where enrolment of the fingerprints or facial image is not possible from third-country nationals who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face, the authorities of that Member State shall not use sanctions to coerce the taking of fingerprints or a facial image.
Amendment 189 #
Proposal for a regulation Article 2 – paragraph 4 4.
Amendment 190 #
Proposal for a regulation Article 2 – paragraph 4 4. Without prejudice to paragraph 3 of this Article, where enrolment of the fingerprints or facial image is not possible from third-country nationals who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face, the authorities of that Member State shall not use sanctions to coerce the taking of fingerprints or a facial image. A Member State may attempt to re- take the fingerprints or facial image of a minor or vulnerable person who refuses to comply, where the reason for non- compliance is not related to the conditions of the fingertips or facial image or the health of the individual and |