Progress: Awaiting Council's 1st reading position
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
- 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
- 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 where it is duly justified to do so. Where a minor, in particular an unaccompanied or separated minor refuses to give their fingerprints or a facial image
Amendment 191 #
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 or stateless persons 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 nor mental or physical coercion. A Member State may attempt to re-
Amendment 192 #
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 or stateless persons 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-
Amendment 193 #
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
Amendment 194 #
Proposal for a regulation Article 2 – paragraph 5 5. The procedure for taking fingerprints and a facial image shall be
Amendment 195 #
Proposal for a regulation Article 2 – paragraph 5 5. The taking of fingerprints or a facial image shall be performed with full respect for human dignity. The procedure for taking fingerprints and a facial image shall be determined and applied in accordance with the national practice of the Member State concerned
Amendment 196 #
Proposal for a regulation Article 3 – paragraph 1 – point a a (new) (aa) 'third-country national or stateless person for whom a Member State intends to conduct a resettlement procedure' means a third-country national or stateless person in respect of whom a Member State has initiated a resettlement procedure under Article 10(2) of Regulation XXX/XXX
Amendment 197 #
Proposal for a regulation Article 3 – paragraph 1 – point b – point i a (new) (ia) in relation to a person covered by Article 12a, the Member State which transmits the personal data to the Central System and receives the results of the comparison;
Amendment 198 #
Proposal for a regulation Article 3 – paragraph 1 – point d (d) 'i
Amendment 199 #
Proposal for a regulation Article 3 – paragraph 1 – point d (d) 'i
Amendment 200 #
Proposal for a regulation Article 3 – paragraph 1 – point d (d) 'illegal stay' means the presence on the territory of a Member State, of a third- country national or stateless person who does not fulfill, or no longer fulfils the conditions of entry as set out in Article 5 of the Schengen Borders Code or other conditions for entry, stay or residence in that Member State;
Amendment 201 #
Proposal for a regulation Article 3 – paragraph 1 – point f (f) 'hit' means the existence of a match or matches established by the Central System by comparison between fingerprints and facial image data recorded in the computerised central database and those transmitted by a Member State with regard to a person, without prejudice to the requirement that Member States shall immediately check the results of the comparison pursuant to Article 26(4);
Amendment 202 #
Proposal for a regulation Article 3 – paragraph 1 – point i Amendment 203 #
Proposal for a regulation Article 3 – paragraph 1 – point j (j) 'Eurodac data' means all data stored in the Central System in accordance with Article 12, Article 12a, Article 13(2) and Article 14(2)
Amendment 204 #
Proposal for a regulation Article 3 – paragraph 1 – point j (j) 'Eurodac data' means all data stored in the Central System in accordance with Article 12
Amendment 205 #
Proposal for a regulation Article 3 – paragraph 1 – point k Amendment 206 #
Proposal for a regulation Article 3 – paragraph 1 – point k (k) 'law enforcement' means the prevention, detection
Amendment 207 #
Proposal for a regulation Article 3 – paragraph 1 – point l Amendment 208 #
Proposal for a regulation Article 3 – paragraph 1 – point l (l) 'terrorist offences' means the offences
Amendment 209 #
Proposal for a regulation Article 3 – paragraph 1 – point n (n) 'fingerprint data' means the data relating to plain and rolled impressions of the fingerprints of all ten fingers, where present
Amendment 210 #
Proposal for a regulation Article 3 – paragraph 1 – point o Amendment 211 #
Proposal for a regulation Article 3 – paragraph 1 – point o a (new) (oa) 'stateless person' means a person who is not considered to be a national of any state under the operation of its law.
Amendment 212 #
Proposal for a regulation Article 3 – paragraph 1 – point o a (new) (o a) 'alphanumeric data' means data represented by letters, digits, special characters, spaces and punctuation marks;
Amendment 213 #
Proposal for a regulation Article 4 – paragraph 4 4. Data on persons covered by Articles 10(1), 12a, 13(1) and 14(1) which are processed in the Central System shall be processed on behalf of the Member State of origin under the conditions set out in this Regulation and separated by appropriate technical means.
Amendment 214 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 215 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 216 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 – introductory part Eu-LISA shall be permitted to use real personal data of the Eurodac production system for testing purposes and in strict compliance with Article 17 of the Staff Regulations on professional secrecy for every person involved in the testing only in the following circumstances:
Amendment 217 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 – introductory part Eu-LISA shall be permitted to use real personal data of the Eurodac production system for testing purposes, in accordance with the provisions of Regulation (EU)2016/679, in the following circumstances:
Amendment 218 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 – introductory part Eu-LISA shall be permitted to use real personal data of the Eurodac production system for testing and fine-tuning purposes in the following circumstances:
Amendment 219 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 In such cases, the security measures, access control and logging activities at the testing environment shall be equal to the ones for the Eurodac production system. Real personal data adopted for testing shall be rendered anonymous in such a way that the data-subject is no longer identifiable. Eu- Lisa shall ensure that the relevant guarantees are provided in respect of the accessing of data by external contractors, in accordance with the provisions of Articles 24 and 28 of Regulation (EU) 2016/679.
Amendment 220 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 In such cases, the security measures, access control and logging activities at the testing environment shall be equal to the ones for the Eurodac production system. Real personal data adopted for testing shall be subject to stringent conditions and rendered anonymous in such a way that the data-subject is no longer identifiable. All personal data shall be directly and permanently erased from the testing environment after the testing purposes have been achieved or the tests have been completed.
Amendment 221 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 In such cases, the security measures, access control and logging activities at the testing environment shall be equal to the ones for the Eurodac production system. Real personal data adopted for testing shall be rendered anonymous in such a way that the data-subject is no longer identifiable. After completion of the purposes referred to in the first subparagraph, the real personal data shall be permanently erased from the testing environment.
Amendment 222 #
Proposal for a regulation Article 5 – paragraph 3 – point c a (new) (ca) interoperability with other information systems.
Amendment 223 #
Proposal for a regulation Article 6 – paragraph 1 1. For the purposes laid down in Article 1(1)(c), Member States shall designate the authorities that are authorised to request comparisons with Eurodac data pursuant to this Regulation. Designated authorities shall be authorities of the Member States which are responsible for the prevention, detection or investigation of terrorist offences or of other serious criminal offences.
Amendment 224 #
Proposal for a regulation Article 6 – paragraph 2 2. Each Member State shall keep a list of the designated authorities and communicate it without delay to the Commission and to eu-LISA. Eu-LISA shall publish the consolidated list in the Official Journal of the European Union. Where that list has been amended, eu- LISA shall publish once a year an updated consolidated list online.
Amendment 225 #
Proposal for a regulation Article 7 Amendment 226 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 The verifying authority shall ensure that the conditions for requesting comparisons of fingerprints, facial image and alphanumeric data with Eurodac data are fulfilled.
Amendment 227 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 Only the verifying authority shall be authorised to forward requests for comparison of fingerprints
Amendment 228 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 Only the verifying authority shall be authorised to forward requests for comparison of fingerprints
Amendment 229 #
Proposal for a regulation Article 8 Amendment 230 #
Proposal for a regulation Article 8 – paragraph 1 1. For the purposes laid down in Article 1(1)(c), Europol shall designate a
Amendment 231 #
Proposal for a regulation Article 8 – paragraph 1 1. For the purposes laid down in Article 1(1)(c), Europol shall designate a specialised unit with duly empowered Europol officials to act as its verifying authority, which shall act independently of the designated authority referred to in paragraph 2 of this Article when performing its tasks under this Regulation and shall not receive instructions from the designated authority as regards the outcome of the verification. The unit shall ensure that the conditions for requesting comparisons of fingerprints and facial images with Eurodac data are fulfilled.
Amendment 232 #
Proposal for a regulation Article 8 – paragraph 1 1. For the purposes laid down in Article 1(1)(c), Europol shall designate a specialised unit with duly empowered Europol officials to act as its verifying authority, which shall act independently of the designated authority referred to in paragraph 2 of this Article when performing its tasks under this Regulation and shall not receive instructions from the designated authority as regards the outcome of the verification. The unit shall ensure that the conditions for requesting comparisons of fingerprints
Amendment 233 #
Proposal for a regulation Article 8 – paragraph 2 2. For the purposes laid down in Article 1
Amendment 234 #
Proposal for a regulation Article 8 – paragraph 2 2. For the purposes laid down in Article 1 (1)(c), Europol shall designate an operating unit that is authorised to request comparisons with Eurodac data
Amendment 235 #
Proposal for a regulation Article 8 – paragraph 2 a (new) 2 a. For the purposes laid down in Article 1(1)(ca), Europol shall designate an operating unit in charge of missing children and child victims of trafficking in human beings. The designated authority shall be an operating unit of Europol competent to collect, store, process, analyse and exchange information to support and strengthen action by Member States in preventing, detecting or investigating child trafficking, labour or sexual exploitation.
Amendment 236 #
Proposal for a regulation Article 8 a (new) Article 8 a European Border and Coast Guard In accordance with Article (40)(8) of Regulation (EU) 2016/1624, the members of the European Border and Coast Guard Agency or teams of staff involved in return-related tasks as well as the members of the migration management support teams shall, within their mandate, have the right to access and search data entered in Eurodac within their mandate. They shall do so by using the technical interface set up and maintained by the European Border and Coast Guard Agency as referred to in Article (10)(3a).
Amendment 237 #
Proposal for a regulation Article 9 – paragraph 1 – point a (a) the number of data sets transmitted on persons referred to in Articles 10(1), 12a, 13(1) and 14(1);
Amendment 238 #
Proposal for a regulation Article 9 – paragraph 1 – point a (a) the number of data sets transmitted on persons referred to in Articles 10(1)
Amendment 239 #
Proposal for a regulation Article 9 – paragraph 1 – point b (b) the number of hits for persons referred to in Article 10(1) who have subsequently lodged an application for international protection in another Member State
Amendment 240 #
Proposal for a regulation Article 9 – paragraph 1 – point b (b) the number of hits for persons referred to in Article 10(1) who have subsequently lodged an application for international protection in another Member State
Amendment 241 #
Proposal for a regulation Article 9 – paragraph 1 – point c (c) the number of hits for persons referred to in Article 13(1) who have subsequently lodged an application for international protection
Amendment 242 #
Proposal for a regulation Article 9 – paragraph 1 – point c (c) the number of hits for persons referred to in Article 13(1) who have subsequently lodged an application for international protection
Amendment 243 #
Proposal for a regulation Article 9 – paragraph 1 – point d Amendment 244 #
Proposal for a regulation Article 9 – paragraph 1 – point d (d) the number of hits for persons
Amendment 245 #
Proposal for a regulation Article 9 – paragraph 1 – point e (e) the number of fingerprint data, disaggregated according to the data subject's year of birth, which the Central System had to request more than once from the Member States of origin because the fingerprint data originally transmitted did not lend themselves to comparison using the computerised fingerprint recognition system;
Amendment 246 #
Proposal for a regulation Article 9 – paragraph 1 – point e (e) the number of fingerprint and facial image data which the Central System had to request more than once from the Member States of origin because the fingerprints and facial image data originally transmitted did not lend themselves to comparison using the computerised fingerprint and facial image recognition system;
Amendment 247 #
Proposal for a regulation Article 9 – paragraph 1 – point g (g) the number of hits for persons referred to in Article 19(1)
Amendment 248 #
Proposal for a regulation Article 9 – paragraph 1 – point j (j) the number and type of requests made for persons referred to in Article 31;
Amendment 249 #
Proposal for a regulation Article 9 – paragraph 2 2. The monthly statistical data for persons referred to in paragraph1(a) to (h) shall be published and made public by each month. Disaggregated data specifying the age and sex of persons referred to in paragraph1(a) to (h) shall be included in the monthly statistical data. At the end of each year, the yearly statistical data for persons referred to in paragraph 1(a) to (h) shall be published and made public by eu- LISA . The statistics shall contain a breakdown of data for each Member State.
Amendment 250 #
Proposal for a regulation Article 9 – paragraph 2 2. The monthly statistical data for persons referred to in paragraph1(a) to (
Amendment 251 #
Proposal for a regulation Article 9 – paragraph 2 2. The monthly statistical data for persons referred to in paragraph1(a) to (h) shall be published and made public by each month and shall contain a breakdown of the data subjects' year of birth and gender. At the end of each year, the yearly statistical data for persons referred to in paragraph 1(a) to (h) shall be published and made public by eu-LISA . The statistics shall contain a breakdown of data for each Member State.
Amendment 252 #
Proposal for a regulation Article 9 – paragraph 3 a (new) 3 a. The duly authorized staff of the European Border and Coast Guard Agency shall have access to the statistics drawn up by eu-LISA referred to in paragraph (1)(a) to (h) and to the relevant data referred to in Article (12) (d) to (s), Article (13) (d) to (m) and Article (14) (d) to (m), solely for the purposes laid down in Article (1)(b) and for the purposes laid down in Articles 11 and 37 of Regulation (EU) 2016/1624, without allowing for individual identification. The processing of those data shall be carried out in compliance with the data protection safeguards provided for in Regulation (EU) 2016/1624.
Amendment 253 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every applicant for international protection of at least six years of age and shall, as soon as possible and no later than 72 hours after the lodging of his or her application for international protection, as defined by Article [21(2)]of
Amendment 254 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 Each Member State shall promptly take the fingerprints of all fingers
Amendment 255 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 Each Member State shall promptly take the fingerprints of all fingers
Amendment 256 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 a (new) For the purpose of Article 1(1)(ca), each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every child applicant for international protection of at least six years of age and shall, as soon as possible and no later than 72 hours after the lodging of his or her application for international protection, as defined by Article [21(2)] of Regulation (EU) XX/XXXX, transmit them together with the data referred to in points (c) to (n) of Article 12 of this Regulation to the Central System.
Amendment 257 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 2 Non-compliance with the 72-hour time- limit shall not relieve Member States of the obligation to take and transmit the fingerprints and facial image to the Central System. Where the condition of the fingertips does not allow the taking of the fingerprints of a quality ensuring appropriate comparison under Article 26, the Member State of origin shall retake the fingerprints of the applicant and resend them as soon as possible and no later than 48 hours after they have been successfully retaken.
Amendment 258 #
Proposal for a regulation Article 10 – paragraph 2 – subparagraph 1 By way of derogation from paragraph 1, where it is not possible to take the fingerprints
Amendment 259 #
Proposal for a regulation Article 10 – paragraph 3 Amendment 260 #
Proposal for a regulation Article 10 – paragraph 3 3. Fingerprint data
Amendment 261 #
Proposal for a regulation Article 10 – paragraph 3 3. Fingerprint and facial image data may also be taken and transmitted by members of the European Border [and Coast] Guard Teams or by Member State asylum experts when performing tasks and exercising powers in accordance with [Regulation on the European Border [and Coast] Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC] and [Regulation (EU) No. 439/2010].
Amendment 262 #
Proposal for a regulation Article 10 – paragraph 3 a (new) 3 a. For the purposes of paragraph 3, the European Border and Coast Guard Agency and the future European Union Agency for Asylum shall set up and maintain a technical interface which allows a direct connection to the Central System of Eurodac.
Amendment 263 #
Proposal for a regulation Article 12 – paragraph 1 – point b Amendment 264 #
Proposal for a regulation Article 12 – paragraph 1 – point b (b) a facial image where the data subject is a minor;
Amendment 265 #
Proposal for a regulation Article 12 – paragraph 1 – point c (c) surname(s) and forename(s), name(s) at birth and previously used names
Amendment 266 #
Proposal for a regulation Article 12 – paragraph 1 – point d Amendment 267 #
Proposal for a regulation Article 12 – paragraph 1 – point d (d) nationality(ies) or presumed and declared nationality or status as stateless person in accordance with Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons;
Amendment 268 #
Proposal for a regulation Article 12 – paragraph 1 – point e Amendment 269 #
Proposal for a regulation Article 12 – paragraph 1 – point g a (new) (g a) details of family links of minors, such as names of family members and accompanying persons or any other relevant information that could help with possible family tracing or reunification;
Amendment 270 #
Proposal for a regulation Article 12 – paragraph 1 – point h Amendment 271 #
Proposal for a regulation Article 12 – paragraph s a (new) (s a) in the case of a minor, and in particular when unaccompanied, where applicable, data on family members, such as surname(s), forename(s), data of birth, sex, nationality(ies), place of birth, relation to the minor.
Amendment 272 #
Proposal for a regulation Chapter 2 a (new) Amendment 273 #
Proposal for a regulation Chapter 3 – title Amendment 275 #
Proposal for a regulation Article 13 – paragraph 1 1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every third- country national or stateless person of at least six years of age who is apprehended by the competent control authorities in connection with the irregular crossing by land, sea or air of the border of that Member State having come from a third country and who is not turned back or who remains physically on the territory of the Member States and who is not kept in custody, confinement or detention during the entirety of the period between apprehension and removal on the basis of the decision to turn him or her back. The taking of fingerprints and capturing of facial images of children is especially for the purpose laid down in Article 1(1)(ca).
Amendment 276 #
Proposal for a regulation Article 13 – paragraph 1 1. Each Member State shall promptly take the fingerprints of all fingers
Amendment 277 #
Proposal for a regulation Article 13 – paragraph 1 a (new) 1a. For the purpose of Article 1(1)(ca), each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every third-country national child of at least six years of age who is apprehended by the competent control authorities in connection with the irregular crossing by land, sea or air of the border of that Member State having come from a third country and who remains physically on the territory of the Member States.
Amendment 278 #
Proposal for a regulation Article 13 – paragraph 2 – point b (b) a facial image where the data subject is a minor;
Amendment 279 #
Proposal for a regulation Article 13 – paragraph 2 – point c (c) surname(s) and forename(s), name(s) at birth and previously used names
Amendment 280 #
Proposal for a regulation Article 13 – paragraph 2 – point d Amendment 281 #
Proposal for a regulation Article 13 – paragraph 2 – point d (d) nationality(ies) or presumed and declared nationality or status as stateless person in accordance with Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons;
Amendment 282 #
Proposal for a regulation Article 13 – paragraph 2 – point e Amendment 283 #
Proposal for a regulation Article 13 – paragraph 2 – point g a (new) (ga) details of family links of minors, such as names of family members and accompanying persons or any other relevant information that could help for possible family tracing or reunification;
Amendment 284 #
Proposal for a regulation Article 13 – paragraph 2 – point h Amendment 285 #
Proposal for a regulation Article 13 – paragraph 2 – point i a (new) (ia) return decision taken, or removal order issued, by the Member State of origin;
Amendment 286 #
Proposal for a regulation Article 13 – paragraph 2 – point m Amendment 287 #
Proposal for a regulation Article 13 – paragraph 5 – subparagraph 1 By way of derogation from paragraph 1, where it is not possible to take the
Amendment 288 #
Proposal for a regulation Article 13 – paragraph 6 6. As soon as the responsible Member State
Amendment 289 #
Proposal for a regulation Article 13 – paragraph 7 7. Fingerprint data
Amendment 290 #
Proposal for a regulation Article 13 – paragraph 7 7. Fingerprint and facial image data may also be taken and transmitted by members of the European Border [and Coast] Guard Teams when performing tasks and exercising powers in accordance with [Regulation on the European Border [and Coast] Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC].
Amendment 291 #
Proposal for a regulation Chapter 4 – title Amendment 292 #
Proposal for a regulation Chapter 4 – title THIRD-COUNTRY NATIONALS OR STATELESS PERSONS FOUND I
Amendment 294 #
Proposal for a regulation Article 14 – paragraph 1 1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every third- country national or stateless person of at least six years of age who is found illegally staying within its territory. The taking of fingerprints and capturing of facial images of children is especially for the purpose laid down in Article 1(1)(ca).
Amendment 295 #
Proposal for a regulation Article 14 – paragraph 1 a (new) 1a. With a view to checking whether a third-country national or a stateless person found irregularly staying within its territory has previously lodged an application for international protection in another Member State, a Member State may transmit to the Central System any fingerprint data relating to fingerprints which it may have taken of any such third-country national or stateless person of at least 14 years of age together with the reference number used by that Member State.
Amendment 296 #
Proposal for a regulation Article 14 – paragraph 2 – point b Amendment 297 #
Proposal for a regulation Article 14 – paragraph 2 – point d (d) nationality(ies) or presumed and declared nationality or status as stateless person in accordance with Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons;
Amendment 298 #
Proposal for a regulation Article 14 – paragraph 2 – point g a (new) (ga) details of family links of minors, such as names of family members and accompanying persons or any other relevant information that could help for possible family tracing or reunification.
Amendment 299 #
Proposal for a regulation Article 14 – paragraph 2 – point i a (new) (ia) return decision taken, or removal order issued, by the Member State of origin;
Amendment 300 #
Proposal for a regulation Article 14 – paragraph 2 a (new) 2a. Member States may waive the obligations laid down in paragraphs 1 and 2 of this Article in respect of illegally residing third-country nationals who entered by legally crossing the external border of the Schengen area and have overstayed the legal period of residence by no more than 15 days.
Amendment 301 #
Proposal for a regulation Article 14 – paragraph 2 a (new) 2a. Member States may waive the obligations laid down in paragraphs 1 and 2 in respect of illegally residing third- country nationals who entered by irregularly crossing the external border of the Schengen area and have overstayed the legal period of residence by no more than 15 days.
Amendment 302 #
Proposal for a regulation Article 14 – paragraph 3 3. The fingerprint and facial image data of a third-
Amendment 303 #
Proposal for a regulation Article 14 – paragraph 4 4. Non-compliance with the 72-hour time-limit referred to in paragraph
Amendment 304 #
Proposal for a regulation Chapter 5 – title PROCEDURE FOR COMPARISON OF DATA FOR APPLICANTS FOR INTERNATIONAL PROTECTION, THIRD-COUNTRY NATIONALS AND STATELESS PERSONS FOR WHOM A MEMBER STATE INTENDS TO CONDUCT A RESETTLEMENT PROCEDURE AND THIRD-COUNTRY NATIONALS APPREHENDED CROSSING THE BORDER IRREGULARLY OR ILLEGALLY STAYING IN THE TERRITORY OF A MEMBER STATE
Amendment 305 #
Proposal for a regulation Chapter 5 – title PROCEDURE FOR COMPARISON OF DATA FOR APPLICANTS FOR INTERNATIONAL PROTECTION AND THIRD-COUNTRY NATIONALS APPREHENDED CROSSING THE BORDER IRREGULARLY
Amendment 306 #
Proposal for a regulation Chapter 5 – title PROCEDURE FOR COMPARISON OF DATA FOR APPLICANTS FOR
Amendment 307 #
Proposal for a regulation Chapter 5 – title PROCEDURE FOR COMPARISON OF DATA FOR APPLICANTS FOR INTERNATIONAL PROTECTION AND THIRD-COUNTRY NATIONALS APPREHENDED
Amendment 308 #
Proposal for a regulation Article 15 – paragraph 1 1. Fingerprint
Amendment 309 #
Proposal for a regulation Article 15 – paragraph 1 1. Fingerprint and, as a last resort, facial image data transmitted by any Member State, with the exception of those transmitted in accordance with Article 11(b) and (c) , shall be compared automatically with the fingerprint data transmitted by other Member States and already stored in the Central System in accordance with Article 10(1)
Amendment 310 #
Proposal for a regulation Article 15 – paragraph 1 1. Fingerprint and facial image data transmitted by any Member State, with the exception of those transmitted in accordance with Article 11(b) and (c) , shall be compared automatically with the fingerprint data transmitted by other Member States and already stored in the Central System in accordance with Articles 10(1), 12a, 13(1) and 14(1) .
Amendment 311 #
Proposal for a regulation Article 15 – paragraph 2 2. The Central System shall ensure, at the request of a Member State, that the comparison referred to in paragraph 1 of this Article covers the fingerprint
Amendment 312 #
Proposal for a regulation Article 15 – paragraph 3 3. The Central System shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 26(4) . Where there is a hit, it shall transmit for all data sets corresponding to the hit the data referred to in Article 12
Amendment 313 #
Proposal for a regulation Article 15 – paragraph 3 3. The Central System shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 26(4)
Amendment 314 #
Proposal for a regulation Article 15 – paragraph 3 3. The Central System shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 26(4) . Where there is a hit, it shall transmit for all data sets corresponding to the hit the data referred to in Articles 12, 12b, 13(2) and 14(2) along with, where appropriate, the mark referred to in Article 19(1) (3a) and (4) . Where a negative hit result is received, the data referred to in Articles 12, 12b, 13(2) and 14(2) shall not be transmitted.
Amendment 315 #
Proposal for a regulation Article 15 – paragraph 4 Amendment 316 #
Proposal for a regulation Article 15 – paragraph 4 4. Where evidence of a hit is received by a Member State from Eurodac that can assist that Member State to carry out its obligations under Article 1(1)(ca) and Article 1(1)(a), that evidence shall take precedence over any other hit received.
Amendment 317 #
Proposal for a regulation Article 16 Amendment 318 #
Proposal for a regulation Article 16 – title Comparison of facial image data of minors
Amendment 320 #
Proposal for a regulation Article 16 – paragraph 1 (1) Where the condition of the fingertips does not allow for the taking of fingerprints of a quality ensuring appropriate comparison under Article 26
Amendment 321 #
Proposal for a regulation Article 16 – paragraph 1 (1) Where the condition of the fingertips does not allow for the taking of fingerprints of a quality ensuring appropriate comparison under Article 26 or where a person referred to in Article 10(1), 13(1) and 14(1) refuses to comply with the fingerprinting process, a Member State
Amendment 322 #
Proposal for a regulation Article 16 – paragraph 2 (2) Facial image data and data relating to the sex of the data-subject may be compared automatically with the facial image data and personal data relating to the sex of the data-subject transmitted by other Member States and already stored in the Central System in accordance with Article 10(1), 1
Amendment 323 #
Proposal for a regulation Article 16 – paragraph 3 (3) Facial image data and data relating to the sex of the data-subject may be compared automatically with the facial image data and personal data relating to the sex of the data-subject transmitted by other Member States and already stored in the Central System in accordance with Articles 10(1), 12a, 13(1) and 14(1) with the exception of those transmitted in accordance with Article 11(b) and (c).
Amendment 324 #
Proposal for a regulation Article 16 – paragraph 4 (4) The Central System shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 26(4). Where there is a hit, it shall transmit for all data sets corresponding to the hit the data referred to in Article 12, 13(2) and 14(2) along with, where appropriate, the mark referred to in Article 1
Amendment 325 #
Proposal for a regulation Article 16 – paragraph 4 (4) The Central System shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 26(
Amendment 326 #
Proposal for a regulation Article 16 – paragraph 5 Amendment 327 #
Proposal for a regulation Article 16 – paragraph 5 (5) The Central System shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 26(4). Where there is a hit, it shall transmit for all data sets corresponding to the hit the data referred to in Articles 12, 12b, 13(2) and 14(2) along with, where appropriate, the mark referred to in Article 17(1) and (4). Where a negative hit result is received, the data referred to in Articles 12, 12b, 13(2) and 14(2) shall not be transmitted.
Amendment 328 #
Proposal for a regulation Article 16 – paragraph 5 (5) Where evidence of a hit is received by a Member State from Eurodac that can assist that Member State to carry out its obligations under Article 1(1)(a) or (ca), that evidence shall take precedence over any other hit received.
Amendment 329 #
Proposal for a regulation Article 17 – paragraph 1 1. For the purposes laid down in Article 10(1), each set of data relating to an applicant for international protection
Amendment 330 #
Proposal for a regulation Article 17 – paragraph 1 1. For the purposes laid down in Article 10(1), each set of data relating to an applicant for international protection , as referred to in Article 12, shall be stored in the Central System for
Amendment 331 #
Proposal for a regulation Article 17 – paragraph 1 1. For the purposes laid down in Article 10(1), each set of data relating to an applicant for international protection , as referred to in Article 12, shall be stored in the Central System for
Amendment 332 #
Proposal for a regulation Article 17 – paragraph 1 a (new) 1a. For the purposes of Article 12a, each set of data concerning a person for whom a Member State intends to conduct a resettlement procedure shall be kept in the Central System for 10 years starting from the date on which the fingerprints were taken in the case of a positive decision on the resettlement of the person concerned.
Amendment 333 #
Proposal for a regulation Article 17 – paragraph 1 b (new) 1b. In the event of non-completion of a resettlement procedure, Member States shall delete from Eurodac the data they have registered in accordance with Article 10(2) of Regulation XXX/XXX.
Amendment 334 #
Proposal for a regulation Article 17 – paragraph 2 2. For the purposes laid down in Article 13(1), each set of data relating to a third-country national or stateless person as referred to in Article 13(2) shall be stored in the Central System for
Amendment 335 #
Proposal for a regulation Article 17 – paragraph 2 2. For the purposes laid down in Article 13(1), each set of data relating to a third-country national or stateless person as referred to in Article 13(2) shall be stored in the Central System for a period limited to the duration of a measure taken upon a specific individual with a maximum of five years from the date on which his or her fingerprints were first taken.
Amendment 336 #
Proposal for a regulation Article 17 – paragraph 2 2. For the purposes laid down in Article 13(1), each set of data relating to a third-country national or stateless person as referred to in Article 13(2) shall be stored in the Central System for
Amendment 337 #
Proposal for a regulation Article 17 – paragraph 2 2. For the purposes laid down in Article 13(1), each set of data relating to a third-country national or stateless person as referred to in Article 13(2) shall be stored in the Central System for
Amendment 338 #
Proposal for a regulation Article 17 – paragraph 2 2. For the purposes laid down in Article 13(1), each set of data relating to a third-country national or stateless person as referred to in Article 13(2) shall be stored in the Central System for
Amendment 339 #
Proposal for a regulation Article 17 – paragraph 2 a (new) 2a. For the purposes laid down in Article 10(1a) and Article 13(1a), each set of data relating to minors shall be stored in the Central System for five years from the date of the first fingerprinting processed by a Member State.
Amendment 340 #
Proposal for a regulation Article 17 – paragraph 3 Amendment 341 #
Proposal for a regulation Article 17 – paragraph 3 3. For the purposes laid down in Article 14(1), each set of data relating to a third-country national or stateless person as referred to in Article 14(2) shall be stored in the Central System for a period limited to the duration of a measure taken upon a specific individual with a maximum of five years from the date on which his or her fingerprints were first taken.
Amendment 342 #
Proposal for a regulation Article 17 – paragraph 3 3. For the purposes laid down in Article 14(1), each set of data relating to a third-country national or stateless person as referred to in Article 14(2) shall be stored in the Central System for
Amendment 343 #
Proposal for a regulation Article 17 – paragraph 3 3. For the purposes laid down in Article 14(1), each set of data relating to a third-country national or stateless person as referred to in Article 14(2) shall be stored in the Central System for
Amendment 344 #
Proposal for a regulation Article 17 – paragraph 3 3. For the purposes laid down in Article 14(1), each set of data relating to a
Amendment 345 #
Proposal for a regulation Article 17 – paragraph 4 4. Upon expiry of the data storage periods referred to in paragraphs 1 to
Amendment 346 #
Proposal for a regulation Article 18 – paragraph 1 1. Data relating to a person who has acquired citizenship of any Member State before expiry of the period referred to in Article 17(1) , (2) or (3) shall be erased from the Central System in accordance with Article 28(4)
Amendment 347 #
Proposal for a regulation Article 18 – paragraph 1 1. Data relating to a person who has acquired citizenship of any Member State before expiry of the period referred to in Article 17(1)
Amendment 348 #
Proposal for a regulation Article 18 – paragraph 1 1. Data relating to a person who has acquired citizenship of any Member State before expiry of the period referred to in Article 17(1) and (1a), (2) or (3) shall be erased
Amendment 349 #
Proposal for a regulation Article 18 – paragraph 1 1. Data relating to a person who has acquired citizenship of any Member State before expiry of the period referred to in Article 17(1) , (2) or (
Amendment 350 #
Proposal for a regulation Article 18 – paragraph 1 a (new) 1a. Data relating to a person who has reached the age of 18 before expiry of the period referred to in Article 17(2a) shall be erased from the Central System in accordance with Article 28(4) as soon as the Member State of origin becomes aware that the person concerned has reached the age of 18.
Amendment 351 #
Proposal for a regulation Article 18 – paragraph 2 2. The Central System shall, as soon as possible and no later than after 72 hours, inform all Member States of origin of the erasure of data in accordance with paragraph 1 by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Articles 10(1), 12a, 13(1) or 14(1)
Amendment 352 #
Proposal for a regulation Article 18 – paragraph 2 2. The Central System shall, as soon as possible and no later than after 72 hours, inform all Member States of origin of the erasure of data in accordance with paragraphs 1 and 1a by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 10(1), 13(1)
Amendment 353 #
Proposal for a regulation Article 19 – paragraph 1 1. For the purposes laid down in Article 1(1)(a), the Member State of origin which granted international protection to an applicant for international protection whose data were previously recorded in the Central System pursuant to Article 12 shall mark the relevant data in conformity with the requirements for electronic communication with the Central System
Amendment 354 #
Proposal for a regulation Article 19 – paragraph 1 1. For the purposes laid down in Article 1(1)(a), the Member State of origin which granted international protection to an applicant for international protection whose data were previously recorded in the Central System pursuant to Article 12 shall mark the relevant data in conformity with the requirements for electronic communication with the Central System established by eu-LISA . That mark shall be stored in the Central System in accordance with Article 17(1) for the purpose of transmission under Articles 15 and 16. The Central System shall
Amendment 355 #
Proposal for a regulation Article 19 – paragraph 2 – subparagraph 1 The data of beneficiaries of international protection stored in the Central System and marked pursuant to paragraph 1 of this Article shall be made available for comparison for the purposes laid down in Article 1(1)(c)
Amendment 356 #
Proposal for a regulation Article 19 – paragraph 2 – subparagraph 2 Amendment 357 #
Proposal for a regulation Article 19 – paragraph 3 3. The Member State of origin shall unmark
Amendment 358 #
Proposal for a regulation Article 19 – paragraph 3 a (new) 3a. For the purposes laid down in Article 1(1)(a), the Member State of origin which issued a positive resettlement decision in respect of a third-country national or stateless person by virtue of Regulation XXX/XXX whose data were previously recorded in the Central System pursuant to Article 12 shall mark the relevant data in conformity with the requirements for electronic communication with the Central System established by eu-LISA. That mark shall be stored in the Central System in accordance with Article 17(1a) for the purpose of transmission under Articles 15 and 16. The Central System shall, as soon as possible and no later than 72- hours, inform all Member States of origin of the marking of data by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 12a. Those Member States of origin shall also mark the corresponding data sets.
Amendment 359 #
Proposal for a regulation Article 19 – paragraph 3 b (new) Amendment 360 #
Proposal for a regulation Article 19 – paragraph 3 c (new) Amendment 361 #
Proposal for a regulation Article 19 – paragraph 3 d (new) 3d. The Member State of origin shall unmark or unblock data concerning a third-country national or stateless person whose data were previously marked or blocked in accordance with paragraphs 3a or 4 of this Article if his or her status is revoked or ended or the renewal of his or her status is refused under [Articles 14 or 19 of Directive 2011/95/EU].
Amendment 362 #
Proposal for a regulation Article 19 – paragraph 4 Amendment 363 #
Proposal for a regulation Article 19 – paragraph 5 Amendment 364 #
Proposal for a regulation Article 20 – title Procedure for comparison of fingerprint, facial image and alphanumeric data with Eurodac data
Amendment 365 #
Proposal for a regulation Article 20 – paragraph 1 1. For the purposes laid down in Article 1(1)(c), the designated authorities referred to in Articles 6(1) and 8(2) may
Amendment 366 #
Proposal for a regulation Article 20 – paragraph 1 1. For the purposes laid down in Article 1(1)(c), the designated authorities referred to in Articles 6(1) and 8(2) may submit a reasoned electronic request as provided for in Article 21(1) together with the reference number used by them, to the verifying authority for the transmission for comparison of fingerprint
Amendment 367 #
Proposal for a regulation Article 20 – paragraph 1 1. For the purposes laid down in Article 1(1)(c), the designated authorities referred to in Articles 6(1)
Amendment 368 #
Proposal for a regulation Article 20 – paragraph 2 2. Where all the conditions for requesting a comparison referred to in Articles 21 or 22 are fulfilled, the verifying authority shall transmit the request for comparison to the National Access Point which will process it to the Central System in accordance with Articles 15 and 16 for the purpose of comparison with the fingerprint
Amendment 369 #
Proposal for a regulation Article 20 – paragraph 2 2. Where all the conditions for requesting a comparison referred to in Articles 21 or 22 are fulfilled, the verifying authority shall transmit the request for comparison to the National Access Point which will process it to the Central System in accordance with Articles 15 and 16 for the purpose of comparison with the fingerprint
Amendment 370 #
Proposal for a regulation Article 20 – paragraph 2 2. Where all the conditions for requesting a comparison referred to in Articles 21 or 22 are fulfilled, the verifying authority shall transmit the request for comparison to the National Access Point which will process it to the Central System in accordance with Articles 15 and 16 for the purpose of comparison with the fingerprint and facial image data transmitted to the Central System pursuant to Articles 10(1), 12a, 13 (1) and 14(1)
Amendment 371 #
Proposal for a regulation Article 20 – paragraph 4 4. In exceptional cases of urgency where there is a need to prevent an imminent danger associated with a terrorist offence or other serious criminal offence, the verifying authority may transmit the fingerprint, facial image and alphanumeric data to the National Access Point for comparison immediately upon receipt of a request by a designated authority and only verify ex-post whether all the conditions for requesting a comparison referred to in Article 21 or Article 22 are fulfilled, including whether an exceptional case of urgency actually existed. The ex-post verification shall take
Amendment 372 #
Proposal for a regulation Article 21 – paragraph 1 – introductory part 1. For the purposes laid down in Article 1(1)(c), designated authorities may submit a reasoned electronic request for the comparison of fingerprint, facial image and alphanumeric data with the data stored in the Central System within the scope of their powers only if
Amendment 373 #
Proposal for a regulation Article 21 – paragraph 1 – indent 2 - the automated fingerprinting identification systems of all other Member States under Decision 2008/615/JHA
Amendment 374 #
Proposal for a regulation Article 21 – paragraph 2 2. Requests for comparison with Eurodac data shall be limited to what is strictly necessary and proportionate, and in any case to searching with fingerprint or facial image data.
Amendment 375 #
Proposal for a regulation Article 21 – paragraph 2 2. Requests for comparison with Eurodac data shall be limited to searching with fingerprint
Amendment 376 #
Proposal for a regulation Article 21 – paragraph 2 2. Requests for comparison with Eurodac data shall be limited to searching with fingerprint
Amendment 377 #
Proposal for a regulation Article 22 Amendment 378 #
Proposal for a regulation Article 22 – paragraph 1 – introductory part 1. For the purposes laid down in Article 1(1)(c), Europol's designated authority may submit a re
Amendment 379 #
Proposal for a regulation Article 22 – paragraph 2 2. Requests for comparison with Eurodac data shall be limited to what is strictly necessary and proportionate and in any case to comparisons of fingerprint and facial image data.
Amendment 380 #
Proposal for a regulation Article 22 – paragraph 2 2. Requests for comparison with Eurodac data shall be limited to comparisons of fingerprint and facial image and alphanumeric data
Amendment 381 #
Proposal for a regulation Article 22 – paragraph 2 2. Requests for comparison with Eurodac data shall be limited to comparisons of fingerprint
Amendment 382 #
Proposal for a regulation Article 23 – paragraph 2 2. For the purposes laid down in Article 1(1)(c), fingerprints and the facial image shall be digitally processed by the Member States and transmitted in the data format as set out in the agreed Interface Control Document , in order to ensure that the comparison can be carried out by means of the computerised fingerprint and facial recognition system.
Amendment 383 #
Proposal for a regulation Article 24 – paragraph 1 – point a (a) fingerprints
Amendment 384 #
Proposal for a regulation Article 24 – paragraph 1 – point b (b) fingerprint data and the other data referred to in Article 12, Article 12a, Article 13(2) and Article 14(2) are lawfully transmitted to the Central System;
Amendment 385 #
Proposal for a regulation Article 24 – paragraph 1 – point e (e) the results of fingerprint
Amendment 386 #
Proposal for a regulation Article 25 – paragraph 1 1. Fingerprints and the facial image shall be digitally processed and transmitted in the data format as set out in the agreed Interface Control Document
Amendment 387 #
Proposal for a regulation Article 25 – paragraph 2 2. Member States shall transmit the data referred to in Article 12
Amendment 388 #
Proposal for a regulation Article 25 – paragraph 2 2. Member States shall transmit the data referred to in Article 12, Article 12a, Article 13(2) and Article 14(2) electronically. The data referred to in Article 12, Article 12a, Article 13(2) and Article 14(2) shall be automatically recorded in the Central System. As far as necessary for the efficient operation of the Central System, eu-LISA shall establish the technical requirements to ensure that data can be properly electronically transmitted from the Member States to the Central System and vice versa.
Amendment 389 #
Proposal for a regulation Article 25 – paragraph 3 3. The reference number referred to in Articles 12(i), 12a, 13(2)(i), 14 (2)(i) and 20(1) shall make it possible to relate data unambiguously to one particular person and to the Member State which is transmitting the data. In addition, it shall make it possible to tell whether such data relate to a person referred to in Articles 10(1), 12a, 13(1) or 14(1).
Amendment 390 #
Proposal for a regulation Article 25 – paragraph 3 3. The reference number referred to in Articles 12(i), 13(2)(i),
Amendment 391 #
Proposal for a regulation Article 25 – paragraph 4 4. The reference number shall begin with the identification letter or letters by which the Member State transmitting the data is identified. The identification letter
Amendment 392 #
Proposal for a regulation Article 25 – paragraph 4 4. The reference number shall begin with the identification letter or letters by which the Member State transmitting the data is identified. The identification letter or letters shall be followed by the identification of the category of person or request. "1" refers to data relating to persons referred to in Article 10(1), "2" to persons referred to in Article 13(1),
Amendment 393 #
Proposal for a regulation Article 26 – paragraph 1 1. Member States shall ensure the transmission of fingerprint data of an appropriate quality for the purpose of comparison by means of the computerised fingerprint and facial recognition system. As far as necessary to ensure that the results of the comparison by the Central System reach a very high level of accuracy, eu-LISA shall define the appropriate quality of transmitted fingerprint data. The Central System shall, as soon as possible, check the quality of the fingerprint
Amendment 394 #
1. Member States shall 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. As far as necessary to ensure that the results of the comparison by the Central System reach a very high level of accuracy, eu-LISA shall define the appropriate quality of transmitted fingerprint and facial image data. The Central System shall, as soon as possible, check the quality of the fingerprint and facial image data transmitted. If fingerprint or facial image data do not lend themselves to comparison using the computerised fingerprint and facial recognition system, the Central System shall inform the Member State concerned. That Member State shall then transmit fingerprint or facial image data of the appropriate quality using the same reference number as the previous set of fingerprint or facial image data.
Amendment 395 #
Proposal for a regulation Article 26 – paragraph 4 4. The result of the comparison of fingerprint
Amendment 396 #
Proposal for a regulation Article 26 – paragraph 4 4. The result of the comparison of fingerprint data carried out pursuant to Article 15 shall be immediately checked in the receiving Member State by a fingerprint expert as defined in accordance with its national rules, specifically trained in the types of fingerprint comparisons provided for in this Regulation. For the purposes laid down in Article 1(1)(a) and
Amendment 397 #
Proposal for a regulation Article 26 – paragraph 4 4. The result of the comparison of fingerprint data carried out pursuant to Article 15 shall be immediately checked in the receiving Member State by a fingerprint expert as defined in accordance with its national rules, specifically trained in the types of fingerprint comparisons provided for in this Regulation. For the purposes laid down in Article 1(1)(a) (aa) and (b) of this Regulation, final identification shall be made by the Member State of origin in cooperation with the other Member States concerned.
Amendment 398 #
Proposal for a regulation Article 26 – paragraph 5 – subparagraph 1 Amendment 399 #
Proposal for a regulation Article 26 – paragraph 5 – subparagraph 1 The result of the comparison of facial image data carried out pursuant to Article 16 shall be immediately checked and verified in the receiving Member State. For the purposes laid down in Article 1(1)(a) and
Amendment 400 #
The result of the comparison of facial image data carried out pursuant to Article 16 shall be immediately checked and verified in the receiving Member State. For the purposes laid down in Article 1(1)(a), (aa) and (b) of this Regulation, final identification shall be made by the Member State of origin in cooperation with the other Member States concerned.
Amendment 401 #
Proposal for a regulation Article 28 – paragraph 2 2. The authorities of Member States which, pursuant to paragraph 1 of this Article, have access to data recorded in the Central System shall be those designated by each Member State for the purposes laid down in Article 1(1)(a), (aa) and (b). That designation shall specify the exact unit responsible for carrying out tasks related to the application of this Regulation. Each Member State shall without delay communicate to the Commission and eu- LISA a list of those units and any amendments thereto. eu-LISA shall publish the consolidated list in the Official Journal of the European Union. Where there are amendments thereto, eu-LISA shall publish
Amendment 402 #
Proposal for a regulation Article 28 – paragraph 3 3. Only the Member State of origin shall have the right to amend the data which it has transmitted to the Central System by correcting or supplementing such data, or to erase them, without prejudice to erasure carried out in pursuance of Articles 18 and 13.
Amendment 403 #
Proposal for a regulation Article 29 – paragraph 3 3. For the purposes laid down in Article 1(1)(a), (aa) and (b), each Member State shall take the necessary measures in order to achieve the objectives set out in paragraphs 1 and 2 of this Article in relation to its national system. In addition, each Member State shall keep records of
Amendment 404 #
Proposal for a regulation Article 30 – paragraph 1 – introductory part 1. A person covered by Articles 10(1), 12a, Article 13(1) or Article 14(1) shall be informed by the Member State of origin in writing, and where necessary, orally, in a language that he or she understands or is reasonably supposed to understand in a concise, transparent, intelligible and easily accessible form, using clear and plain language , of the following:
Amendment 405 #
Proposal for a regulation Article 30 – paragraph 1 – introductory part 1. A person covered by Article 10(1)
Amendment 406 #
Proposal for a regulation Article 30 – paragraph 1 – point b (b) the purpose for which his or her data will be processed in Eurodac, including a description of the aims of Regulation (EU) No […/…] , in accordance with Article 6 thereof and, where applicable, of the aims of Regulation XXX/XXX and an explanation in intelligible form of the fact that Eurodac may be accessed by the Member States and Europol for law enforcement purposes;
Amendment 407 #
Proposal for a regulation Article 30 – paragraph 1 – point c (c) the recipients
Amendment 408 #
Proposal for a regulation Article 30 – paragraph 1 – point c (c) the recipients
Amendment 409 #
Proposal for a regulation Article 30 – paragraph 1 – point d (d) in relation to a person covered by Articles 10(1)
Amendment 410 #
Proposal for a regulation Article 30 – paragraph 1 – point d (d) in relation to a person covered by Article 10(1) or 13(1) or 14(1) , the obligation to have his or her fingerprints and facial image taken;
Amendment 411 #
Proposal for a regulation Article 30 – paragraph 1 – point d (d) in relation to a person covered by Article 10(1) or 13(1)
Amendment 412 #
Proposal for a regulation Article 30 – paragraph 1 – point f (f) the existence of the right to object to the processing of personal data, to request from the controller access to data relating to him or her, and the right to request that inaccurate data relating to him or her be rectified and the completion of incomplete personal data or that unlawfully processed personal data concerning him or her be erased or restricted, as well as the right to receive information on the procedures for exercising those rights including the contact details of the controller and the supervisory authorities referred to in Article 32(1);
Amendment 413 #
Proposal for a regulation Article 30 – paragraph 1 – point g (g) the right to lodge a complaint to the national supervisory authority.
Amendment 414 #
Proposal for a regulation Article 30 – paragraph 2 – subparagraph 1 In relation to a person covered by Articles 10(1)
Amendment 415 #
Proposal for a regulation Article 30 – paragraph 2 – subparagraph 1 In relation to a person covered by Article 10(1) or 13(1)
Amendment 416 #
Proposal for a regulation Article 30 – paragraph 2 – subparagraph 2 Where a person covered by Article 10(1), Article 13(1) and Article 14(1) is a minor, Member States shall provide the information in an age-appropriate manner and in a child-friendly environment.
Amendment 417 #
Proposal for a regulation Article 30 – paragraph 2 – subparagraph 2 Where a person covered by Article 10(1), 12a, Article 13(1) and Article 14(1) is a minor, Member States shall provide the information in an age-appropriate manner.
Amendment 418 #
Proposal for a regulation Article 30 – paragraph 2 – subparagraph 2 Where a person covered by Article 10(1)
Amendment 419 #
Proposal for a regulation Article 30 – paragraph 3 – subparagraph 3 The leaflet shall be established in such a manner as to enable Member States to complete it with additional Member State- specific information. This Member State- specific information shall include at least the possible administrative sanctions under national law, which a person could face for non-compliance with the fingerprinting process and capturing a facial image, the rights of the data subject, the possibility of information and assistance by the national supervisory authorities, as well as the contact details of the office of the controller and of the data protection officer, and the national supervisory authorities.
Amendment 420 #
Proposal for a regulation Article 30 – paragraph 3 – subparagraph 3 The leaflet shall be established in such a manner as to enable Member States to complete it with additional Member State- specific information. This Member State- specific information shall include at least the rights of the data subject, the possibility of
Amendment 421 #
Proposal for a regulation Article 31 – paragraph 1 1. For the purposes laid down in Article 1(1)(a), (aa) and (b) of this Regulation, the data subject's rights of access, rectification and erasure shall be exercised in accordance ,with Chapter III of
Amendment 422 #
Proposal for a regulation Article 31 – paragraph 2 2. The right of access of the data subject in each Member State shall include the right to obtain communication of the data relating to him or her recorded in the Central System and of the Member State which transmitted them to the Central System. Such access to data may be granted only by a Member State. For the purposes laid down in Article 1(1), in each Member State, any person may request that data which are factually inaccurate be corrected or that data recorded unlawfully be erased. The correction and erasure shall be carried out without excessive delay by the Member State which transmitted the data, in accordance with its laws, regulations and procedures.
Amendment 423 #
Proposal for a regulation Article 32 – paragraph 1 1. each Member State shall provide that The supervisory authority or authorities of each Member State designated pursuant to Article 41 of Directive referred to in Article [46(1)] of Regulation (EU) […/2016] shall monitor the lawfulness of the processing of personal data by the Member State in question for the purposes laid out in Article 1(1)(a), (aa) and (b)
Amendment 424 #
Proposal for a regulation Article 34 – paragraph 4 4. For the purpose laid down in paragraph 3, the national supervisory authorities and the European Data Protection Supervisor shall meet at least twice a year. The costs and servicing of these meetings shall be for the account of the European Data Protection Supervisor. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed jointly as necessary. A joint report of activities, assessing the application of the data protection provisions of this Regulation, as well as the necessity and proportionality of access to Eurodac for law enforcement purposes, shall be sent to the European Parliament, the Council, the Commission and eu-LISA every
Amendment 425 #
Proposal for a regulation Article 36 – paragraph 3 3. Member States shall inform eu- LISA of security incidents detected on their systems without prejudice to the notification and communication of a personal data breach pursuant to [Articles 3
Amendment 426 #
Proposal for a regulation Article 37 – paragraph 1 1. Personal data obtained by a Member State or Europol pursuant to this Regulation from 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. This prohibition shall also apply if those data are further processed at national level or between Member States within the meaning of Regulation (EU) 679/2016 and [Article [
Amendment 427 #
Proposal for a regulation Article 37 – paragraph 1 1. Personal data obtained by a Member State or Europol pursuant to this Regulation from the Central System shall not be transferred or made available to any third country, international organisation or
Amendment 428 #
Proposal for a regulation Article 37 – paragraph 1 1. Personal data obtained by a Member State or Europol pursuant to this Regulation from the Central System shall
Amendment 429 #
Proposal for a regulation Article 37 – paragraph 2 2. Personal data which originated in a Member State and are exchanged between Member States following a hit obtained for the purposes laid down in Article 1(1)(c) 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.
Amendment 430 #
Proposal for a regulation Article 37 – paragraph 3 3. No information
Amendment 431 #
Proposal for a regulation Article 37 – paragraph 3 3. No information
Amendment 432 #
Proposal for a regulation Article 37 – paragraph 3 3. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third- country for persons related to Article 10(1)
Amendment 433 #
Proposal for a regulation Article 37 – paragraph 3 3. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third- country for persons related to Article 10(1)
Amendment 434 #
Proposal for a regulation Article 37 – paragraph 3 3. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third- country for persons related to Article 10(1) or Article 12a, particularly where that country is also the applicant's country of origin.
Amendment 435 #
Proposal for a regulation Article 38 Amendment 436 #
Proposal for a regulation Article 38 Amendment 437 #
Proposal for a regulation Article 38 – paragraph 1 – introductory part 1. By way of derogation from Article 37 of this Regulation,
Amendment 438 #
Proposal for a regulation Article 38 – paragraph 1 – point c (c) the Member State of origin which entered the data in the Central System has given its consent and the individual concerned has been informed that his or her personal information
Amendment 439 #
Proposal for a regulation Article 38 – paragraph 1 – point c (c) the Member State of origin which entered the data in the Central System has given its consent and the individual concerned has been informed that his or her personal information
Amendment 440 #
Proposal for a regulation Article 38 – paragraph 1 – point c a (new) (ca) a final decision on the third- country national's application for international protection has been taken.
Amendment 441 #
Proposal for a regulation Article 38 – paragraph 1 a (new) 1a. Personal data which originated in a Member State and are exchanged between Member States following a hit obtained for the purposes laid down in Article 1(1)(a) and (b) shall not be transferred to third countries 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.
Amendment 442 #
Proposal for a regulation Article 38 – paragraph 2 2. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third- country for persons related to Article 10(1)
Amendment 443 #
Proposal for a regulation Article 38 – paragraph 2 2. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third- country for persons related to Article 10(1)
Amendment 444 #
Proposal for a regulation Article 38 – paragraph 3 3. A third-country shall not have direct access to the Central System to compare or transmit fingerprint or facial image data or any other personal data of a third-country national or stateless person and shall not be granted access via a Member State's designated National Access Point.
Amendment 445 #
Proposal for a regulation Article 40 – paragraph 2 a (new) 2a. Ultimate responsibility for the processing of personal data shall lie with the Member States, which are considered to be ‘controllers’ within the meaning of Regulation (EU) 2016/679.
Amendment 446 #
Proposal for a regulation Article 40 – paragraph 3 – introductory part 3. Claims for compensation against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of national law of the defendant Member State in accordance with
Amendment 447 #
Proposal for a regulation Article 42 – paragraph 2 a (new) 2a. eu-LISA shall establish a secure communication channel between the EES Central System and the Eurodac Central System to enable interoperability between them. The two systems need to be connected in order for the biometric data of a third-country national registered in the EES to be transferred to Eurodac where registration of that biometric data is laid down in this Regulation.
Amendment 448 #
Proposal for a regulation Article 42 – paragraph 4 Amendment 449 #
Proposal for a regulation Article 42 – paragraph 4 4. By [2020] eu-LISA shall conduct a study on the technical feasibility and added value of adding facial recognition software to the Central System for the purposes of comparing facial images of minors. The study shall evaluate the reliability and accuracy of the results produced from facial recognition software for the purposes of EURODAC and shall make any necessary recommendations prior to the introduction of the facial recognition technology to the Central System. The study shall also carry out an impact assessment of the possible risks for the rights of privacy and human dignity, the rights of the child, as well as non- discrimination, of using facial recognition software. The study shall take into account the views of other Union agencies, the European Data Protection Supervisor, relevant actors as well as academics.
Amendment 450 #
4a. In 2020 at the latest, eu-LISA shall conduct a study to ascertain whether the combinations of biometric identifiers in the EU’s various databases need to be harmonised and whether Eurodac should limit its identification data to four fingerprints and a facial image, like the entry/exit system provided for in Regulation (EU) .../... of the European Parliament and of the Council.
Amendment 451 #
Proposal for a regulation Article 42 – paragraph 5 5. By [
Amendment 452 #
Proposal for a regulation Article 42 – paragraph 8 – introductory part 8. While respecting the provisions of national law on the publication of sensitive information, each Member State and Europol shall prepare annual reports on the effectiveness of the comparison of fingerprint and facial image data with Eurodac data for law enforcement purposes, containing information and statistics on:
Amendment 453 #
Proposal for a regulation Article 44 – paragraph 1 The provisions of this Regulation shall not be applicable to any territory to which
Amendment 454 #
Proposal for a regulation Article 47 – paragraph 3 Articles 2(2), 32, 32 and, for the purposes referred to in Article 1(1)(a)
Amendment 455 #
Proposal for a regulation Annex I a (new) Amendment 61 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 78 (2)(d) and (e), 79(2)(c), 87(2)(a) and 88(2)(a) thereof,
Amendment 62 #
Proposal for a regulation Recital 2 (2) A common policy on asylum, including a Common European Asylum System, is a constituent part of the European Union's objective of progressively establishing an area of freedom, security and justice open to those who
Amendment 63 #
Proposal for a regulation Recital 4 (4) For the purposes of applying Regulation (EU) No […/…] establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person
Amendment 64 #
Proposal for a regulation Recital 4 a (new) (4a) It is necessary, for the purposes of the implementation of Regulation XXX/XXX establishing a Union Resettlement Framework, for all Member States to register in Eurodac information on third-country nationals and stateless persons for whom they intend to conduct a resettlement procedure, in accordance with Article 10(2) of that Regulation.
Amendment 65 #
Proposal for a regulation Recital 4 b (new) (4b) The registration in Eurodac is designed to ensure that persons for whom a Member State intends to conduct a resettlement procedure enjoy the same level of protection and the same rights applicable to other applicants for, and 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 by virtue of Regulation XXX/XXX. If they have, then the Member State of resettlement can be established and any secondary movements monitored;
Amendment 66 #
Proposal for a regulation Recital 5 (5)
Amendment 67 #
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
Amendment 68 #
Proposal for a regulation Recital 6 (6) To that end, it is necessary to set up a system known as 'Eurodac', consisting of a Central System, which will operate a computerised central database of fingerprint
Amendment 69 #
Proposal for a regulation Recital 6 a (new) (6a) The European Agency for the operational management of large- scale IT systems in the area of freedom, security and justice (eu-LISA) should conduct a study to ascertain whether the combinations of biometric identifiers in the EU’s various justice and home affairs databases need to be harmonised and, more specifically, whether Eurodac should limit its identification data to four fingerprints and a facial image, like the entry/exit system provided for in Regulation (EU) .../... of the European Parliament and of the Council.
Amendment 70 #
Proposal for a regulation Recital 9 (9)
Amendment 71 #
Proposal for a regulation Recital 10 (10) To assist Member States overcome challenges relating to non-compliance with the fingerprinting process, this Regulation
Amendment 72 #
Proposal for a regulation Recital 10 (10)
Amendment 73 #
Proposal for a regulation Recital 10 (10) To assist Member States overcome challenges relating to non-compliance with the fingerprinting process, this Regulation also permits the comparison of a facial image without fingerprints as a last resort, 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. If the physical impossibility to give fingerprints is of a temporary nature, it should be recorded and the fingerprinting process should be carried out at a later stage when the physical integrity of the fingertips is restored. Member States should exhaust all attempts to ensure that fingerprints can be taken from the data-
Amendment 74 #
Proposal for a regulation Recital 11 Amendment 75 #
Proposal for a regulation Recital 11 (11) The return of third-country nationals who do not have a right to stay in the Union, in accordance with fundamental rights as general principles of Union law as well as international law, including refugee protection and human rights obligations, and in compliance with the provisions of Directive 2008/115/EC26
Amendment 76 #
Proposal for a regulation Recital 11 (11) The return of third-country nationals who do not have a right to stay in the Union, in accordance with fundamental rights as general principles of Union law as well as international law, including refugee protection and human rights obligations, and in compliance with the provisions of Directive 2008/115/EC26
Amendment 77 #
Proposal for a regulation Recital 11 (11) The return of third-country nationals who do not have a right to stay in the Union, in accordance with fundamental rights as general principles of Union law as well as international law, including non- refoulement, refugee protection and human rights obligations, and in compliance with the provisions of Directive 2008/115/EC26 , is an essential part of the comprehensive efforts to address migration and, in particular, to reduce and deter irregular migration. To increase the effectiveness of the Union system to return illegally staying third-
Amendment 78 #
Proposal for a regulation Recital 11 (11) The return of third-country
Amendment 79 #
Proposal for a regulation Recital 11 a (new) (11a) With a view to stepping up cooperation between Member States in managing irregular migration, illegally staying nationals should give the name of the removal measure taken by the Member State which entered the data in Eurodac instead of the asylum request number.
Amendment 80 #
Proposal for a regulation Recital 12 Amendment 81 #
Proposal for a regulation Recital 12 (12)
Amendment 82 #
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 are collected and transmitted to Eurodac and are compared also with those collected and transmitted for the purpose of establishing the identity of applicants for international protection and of third- country nationals apprehended in connection with the unlawful crossing of the external borders of the Union, in order to facilitate their identification and re- documentation and to ensure their return and readmission, and to reduce identity fraud. It should also contribute to reducing the length of the administrative procedures necessary for ensuring return and readmission of illegally staying third- country nationals, including the period during which they may be kept in administrative detention awaiting removal. It should also allow identifying third countries of transit, where the illegally staytng third-country national may be readmitted. This is without prejudice to the Schengen Information System (SIS), which remains the fundamental system to ensure cooperation and information exchange on return.
Amendment 83 #
Proposal for a regulation Recital 12 a (new) (12 a) Member States should have a reasonable deadline of 15 days after the end of authorised stays for fulfilling their obligations under this Regulation in respect of comparing, collecting and transmitting fingerprint and facial image data of illegally staying third-country nationals who entered by irregularly crossing the external border of the Schengen area.
Amendment 84 #
Proposal for a regulation Recital 12 a (new) (12a) Member States could allow a reasonable deadline of 15 days after the end of authorised stays for fulfilling their obligations under Article 14 in respect of illegally staying third-country nationals who entered by legally crossing the external border of the Schengen area.
Amendment 85 #
Proposal for a regulation Recital 13 Amendment 86 #
Proposal for a regulation Recital 13 (13) In its Conclusions of 8 October 2015 on the future of return policy, the Council endorsed the initiative announced by the Commission to explore an extension of the scope and purpose of Eurodac to enable the use of data for return purposes27 . Member States should have the necessary tools at their disposal to be able to detect illegal migration
Amendment 87 #
Proposal for a regulation Recital 13 (13) In its Conclusions of 8 October 2015 on the future of return policy, the Council endorsed the initiative announced by the Commission to explore an extension of the scope and purpose of Eurodac to enable the use of data for return purposes27 . Member States should have the necessary tools at their disposal to be able to detect illegal migration
Amendment 88 #
Proposal for a regulation Recital 13 (13) In its Conclusions of 8 October 2015 on the future of return policy, the Council endorsed the initiative announced by the Commission to explore an extension of the scope and purpose of Eurodac to enable the use of data for return purposes27 . Member States should have the necessary tools at their disposal to be able to detect illegal migration to and secondary movements of illegally staying third- country nationals or stateless persons in the Union. Therefore, the data in Eurodac should be available, subject to the conditions set out in this Regulation, for comparison by the designated authorities of the Member States. _________________ 27 EU Action Plan on return, COM(2015) 453 final.
Amendment 89 #
Proposal for a regulation Recital 14 (14) The Commission’s Communication on Stronger and Smarter Information Systems for Borders and Security28 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
Amendment 90 #
Proposal for a regulation Recital 13 a (new) (13 a) The European Border and Coast Guard Agency, as established by Regulation (EU) 2016/1624 of the European Parliament and of the Council1a , plays a key role in the Union efforts for a better management of external borders, the prevention of irregular immigration and secondary movement. Consequently, the European Border and Coast Guard Agency should be provided with access to Eurodac data in order to be able to undertake risk analyses to the highest possible standards and assisting Member States with return- related tasks. The processing of those data shall be carried out in compliance with the data protection safeguards provided for in Regulation (EU) 2016/1624. _________________ 1aRegulation (EU) 2016/1624 of the European Parliament and the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p.1).
Amendment 91 #
Proposal for a regulation Recital 13 b (new) (13 b) As one of the main tasks of the European Border and Coast Guard Agency and the future European Union Agency for Asylum, laid down in this Regulation, is the taking and transmitting of biometric data. The European Border and Coast Guard Agency and the European Union Agency for Asylum should be provided with an own interface in order to not be reliant on national infrastructures anymore. In the long run, these interfaces could be used as a single search interface, as described in the Commission Communication of 6 April 2016 entitled "Stronger and Smarter Information Systems for Borders and Security"1a . _________________ 1a COM(2016) 205 final
Amendment 92 #
Proposal for a regulation Recital 14 (14)
Amendment 93 #
Proposal for a regulation Recital 14 (14) The Commission’s Communication on Stronger and Smarter Information Systems for Borders and Security28 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
Amendment 94 #
Proposal for a regulation Recital 14 (14) The Commission’s Communication on Stronger and Smarter Information Systems for Borders and Security28 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), the Entry/Exit System and the Visa Information Systems (VIS), and examine if there is a need to revise the legal framework for law enforcement access to EURODAC. _________________ 28 COM(2016) 205 final
Amendment 95 #
Proposal for a regulation Recital 14 a (new) (14a) eu-LISA will establish a secure communication channel between the EES central system and the Eurodac central system to enable interoperability between them. The two systems need to be connected in order for the biometric data of a third-country national registered in the EES to be transferred to Eurodac where registration of that biometric data is laid down in this Regulation.
Amendment 96 #
Proposal for a regulation Recital 14 a (new) (14 a) The Commission proposal1a amending SIS in the field of border checks opens the possibility for using the search with fingerprints in SIS to make immediately available the identity and the status of third-country nationals subject to return decisions. Member States should establish as closely as possible the contact points handling Eurodac comparisons and the national contact points handling supplementary information to SIS. _________________ 1a COM 2016(882) final
Amendment 97 #
Proposal for a regulation Recital 14 a (new) (14 a) The High Level Expert Group on Information Systems and Interoperability is expected to present its results in spring 2017. Those results might be relevant for the development of Eurodac. Where this is the case, the best possible legal and technical prerequisites should be laid down for a potential interoperability of Eurodac with other information systems for borders and security.
Amendment 98 #
Proposal for a regulation Recital 15 (15) It is essential in the fight against terrorist offences and other serious criminal offences for the law enforcement authorities to have the fullest and most up- to-date information if they are to perform their tasks. The information contained in Eurodac is necessary for the purposes of the prevention, detection
Amendment 99 #
Proposal for a regulation Recital 19 (19) Requests for comparison of Eurodac data by Europol should be allowed only in specific cases, under specific circumstances and under strict conditions, in line with the the principles of necessity and proportionality enshrined in Article 52(1) of the Charter of Fundamental Rights of the European Union and as interpreted by the case law of the Court of Justice of the European Union1a . _________________ 1a CJEU, Joined cases C-293/12 and C- 594/12, Digital Rights Ireland Ltd and Seitlinger and Others, Judgment of the Court (Grand Chamber) of 8 April 2014. CJEU, Joined cases C-203/15 and C- 698/15, Tele2 Sverige AB v. Post-och telestyrelsen and Secretary of State for the Home Department v. Tom Watson and Others, Judgment of the Court (Grand Chamber) of 21 December 2016.
source: 601.041
2021/03/19
LIBE
37 amendments...
Amendment 1 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 78(2)(d), (e) and (g), 79(2)(c), 87(2) (a) and (c) and 88(2)(a) thereof,
Amendment 10 #
6. All datasets registered in Eurodac corresponding to the same third country national or stateless person shall be linked in a sequence. Where a
Amendment 11 #
Article 8ca Access to Eurodac by the European Border and Coast Guard standing corps For the purpose of performing the tasks laid down in Regulation (EU) 2019/1896, in particular the tasks requiring executive powers referred to in points (a) and (g) of Article 55(7) of that Regulation and the provision of operational support for the implementation of [Regulation (EU) XXX/XXX] [Screening Regulation], members of the teams as defined in point (17) of Article 2 of Regulation (EU) 2019/1896 shall have access to Eurodac. Members of the teams shall have access to and may consult Eurodac through its own technical interface which shall be developed and maintained by eu-LISA in cooperation with the European Border and Coast Guard Agency. Such a technical interface shall include a self- monitoring and logging mechanism to ensure the lawfulness of data processing and compliance with data protection requirements as laid down in Regulation (EU) 2018/1725.
Amendment 12 #
1. eu-LISA shall draw up statistics on the work of the Central System and the CIR every month indicating in particular:
Amendment 13 #
(b) the number of rejected applicants resulting from the linking process referred to in Article 4(6) and pursuant to Article 12(
Amendment 14 #
3. For the purpose of supporting the objective referred to in Article 1(c)
Amendment 15 #
These statistics shall be made available to the Commission, to the Member States and to the relevant Union agencies, in particular the [European Union Agency for Asylum],
Amendment 16 #
4. At the request of the Commission, eu-LISA shall provide it with statistics on specific aspects related to the application of this Regulation as well as the statistics pursuant to paragraph 1 and shall, upon request, make them available to a Member State and to the
Amendment 17 #
5. eu-LISA shall store the data referred to in paragraphs 1 to 4 of this Article, which shall not allow for the identification of individuals, for research and analysis purposes
Amendment 18 #
6. Access to the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/818 shall be granted to eu-LISA, to the Commission
Amendment 19 #
1. Each Member State shall take the biometric data of every applicant for international protection of at least six years of age
Amendment 2 #
(5b a) For the purpose of performing the tasks laid down in Regulation (EU) 2019/1896 of the European Parliament and of the Council1a, it is also necessary that European Border and Coast Guard standing corps have access to Eurodac in order to search data through its own technical interface, which should be developed and maintained by eu-LISA in cooperation with European Border and Coast Guard Agency. Operational experience gained in past deployments of staff from the European Border and Coast Guard Agency demonstrates the difficulties that members of the teams have had, from a legal, technical and practical point of view, in using national IT systems or interfaces in order to access Eurodac. In order to maximise its operational support and capacity, the European Border and Coast Guard Agency should be able to rely on its own capabilities which also include properly functioning IT systems. ______________ 1a Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
Amendment 20 #
Amendment 21 #
3. Where requested by the Member State concerned, the biometric and alphanumeric data may also be taken and transmitted on behalf of that Member State by members of the European Border and Coast Guard Teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with Regulation (EU) 2019/1896 and Regulation (EU) XXX/XXX [EU Agency for Asylum Regulation].
Amendment 22 #
4 a. Where a third-country national or stateless person who has been found illegally staying in a Member State makes an application for international protection at the same time of or following the apprehension, that Member State shall not be exempted from the obligation to take and record the biometric data of that third-country national or stateless person in accordance with Article 14.
Amendment 23 #
4 b. Where a third-country national or stateless person who has been apprehended in connection with the irregular crossing of an external border makes an application for international protection at the time of or following the apprehension, the apprehending Member State shall not be exempted from the obligation to take and record the biometric data of that third-country national or stateless person in accordance with Article 13.
Amendment 24 #
4 c. In the cases referred to in paragraphs 4a and 4b of this Article, Member States shall reuse the biometric data taken under Articles 13 and 14 for transmission to the Central System and in the CIR pursuant to paragraph 1 of this Article.
Amendment 25 #
Only the following data shall be recorded in the Central System and in the CIR, as appropriate, in accordance with Article 4(2):
Amendment 26 #
(o) the date on which the data were transmitted to the Central System and to the CIR, as appropriate
Amendment 27 #
Article 12 a Collection and transmission of fingerprints and facial image data 1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every resettled third-country national or stateless person of at least six years of age, upon their arrival on its territory, and shall transmit the fingerprints and facial image, together with the other data referred to in Article 10 of Regulation (EU) .../..., to the Central System. Non-compliance with the requirement to promptly take all the fingerprints and capture the facial image shall not relieve Member States of the obligation to take the fingerprints or capture the facial image and transmit them to the Central System. Where the condition of the fingertips does not allow the taking of the fingerprints of a quality ensuring appropriate comparison under Article 26, the Member State of resettlement shall retake the fingerprints of the applicant and resend them as soon as possible and no later than 48 hours after they have been successfully retaken. 2. By way of derogation from paragraph 1, where it is not possible to take the fingerprints, the facial image or both of a resettled third-country national or stateless person on account of measures taken to ensure his or her health or the protection of public health, Member States shall take and send such fingerprints, facial image or both as soon as possible and no later than 48 hours after those health grounds no longer prevail.
Amendment 28 #
Article 12 b Recording of data Only the following data shall be recorded in the Central System: (a) fingerprint data; (b) a facial image; (c) surname(s) and forename(s), name(s) at birth and previously used names and any aliases, which may be entered separately; (d) nationality(ies); (e) place and date of birth (f) Member State of resettlement, place and date of the registration; (g) sex; (h) where applicable, the type and number of identity or travel document; three letter code of the issuing country and validity; (i) reference number used by the Member State of origin; (j) date on which the fingerprints and/or facial image were taken; (k) date on which the data were transmitted to the Central System; (l) operator user ID.
Amendment 29 #
Amendment 3 #
(5c) Likewise, for the purpose of
Amendment 30 #
7. Where requested by the Member State concerned, the biometric and alphanumeric data may also be taken and transmitted on behalf of that Member State by members of the European Border and Coast Guard Teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with Regulation (EU) 2019/1896 and Regulation (EU) XXX/XXX [EU Agency for Asylum Regulation].
Amendment 31 #
2. The Member State concerned shall, as soon as possible and no later than 72- hours after the third-country national or the stateless person has been found to be illegally staying, transmit to the Central System and to the CIR, as appropriate, in accordance with Article 4(2) the following data in relation to any third-
Amendment 32 #
Proposal for a regulation Point 19 – Chapter IV a Amendment 33 #
1 a. For the purposes laid down in Article 12a, each set of data relating to a resettled third-country national or stateless person shall be kept in the Central System for five years from the date on which the fingerprints were taken.
Amendment 34 #
4. Upon expiry of the data storage periods referred to in paragraphs (1) to (3a) of this Article, the data of the data-subjects shall be automatically deleted from the Central System and from the CIR as appropriate.;
Amendment 35 #
Marking
Amendment 36 #
1. For the purposes laid down in Article 1(1)(a), the Member State of origin which granted international protection to a person whose data were previously recorded in the Central System and in the CIR, as appropriate, in accordance with Article 4(2) pursuant to Article 12 shall mark the relevant data in conformity with the requirements for electronic communication with the Central System established by eu-LISA. That mark shall be stored in the Central System in accordance with Article 17(1) for the purpose of transmission under Article 15 and 16. The Central System shall, as soon as possible and no later than 72 hours, inform all Member States of origin of the marking of data by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 10(1), 13(1)
Amendment 37 #
2. The data of beneficiaries of international protection stored in the Central System and in the CIR, as appropriate, in accordance with Article 4(2) and marked pursuant to paragraph 1 of this Article shall be made available for comparison for the purposes laid down in Article 1(1)(d) until such data is automatically erased from the Central System and from the CIR as appropriate in
Amendment 4 #
(6)
Amendment 5 #
(14)
Amendment 6 #
(c) assist with the control of i
Amendment 7 #
(d) lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of biometric or alphanumeric data with those stored in the Central System and in the Common Identity Repository (CIR), for law enforcement purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences;
Amendment 8 #
2. Without prejudice to the processing of data intended for Eurodac by the Member State of origin in databases set up under the latter's national law, biometric data and other personal data may be processed in Eurodac only for the purposes set out in this Regulation
Amendment 9 #
(a a) ‘resettled third-country national or stateless person’ means a third-country national or stateless person who, following a resettlement procedure in accordance with national law or with [Regulation (EU) XXX/XXX] [Resettlement Regulation], arrives on the territory of the Member State of resettlement;
source: 661.979
2021/04/29
LIBE
244 amendments...
Amendment 100 #
(r) “dataset” means the set of information recorded in Eurodac on the basis of Articles 12, 13
Amendment 101 #
(ra) “child” means every human being below the age of eighteen years as defined in the Convention on the Rights of the Child as adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 and entered into force 2 September 1990.
Amendment 102 #
(c) the common identity repository (CIR) as referred to in Article 17(2) of Regulation 2019/818 that shall replace the Central System to the extent that it stores the personal data referred to in Article 18 of that Regulation;
Amendment 103 #
2. The CIR shall contain the data referred to in Article 12, points (a) to (f), (h) and (i)
Amendment 104 #
2. The CIR shall contain the personal data referred to in Article 12, points (a) to (f), (h) and (i), Article 13(2) (a) to (f), (h), and (i), Article 14(2) (a) to (f), (h) and (i) and Article 14a(a) to (f), (h) and (i). The remaining Eurodac data shall be stored in the Central System.
Amendment 105 #
2. The CIR shall contain the data referred to in Article 12, points (a) to (f), (h) and (i), Article 13(2) (a) to (f), (h),
Amendment 106 #
4. Each Member State shall have a single National Access Point.
Amendment 107 #
5.
Amendment 108 #
5. Data on persons covered by Articles 10(1)
Amendment 109 #
6. All datasets registered in Eurodac corresponding to the same third country national or stateless person shall be linked in a sequence. Where a search is launched with the fingerprints in the dataset of a third-country national or stateless person and a hit is obtained against at least one other set of fingerprints in another dataset corresponding to that same third country national or stateless person, Eurodac shall automatically link those datasets on the basis of the fingerprints comparison.
Amendment 110 #
6. All datasets registered in Eurodac corresponding to the same third country national or stateless person shall be linked in a sequence. Where a search is launched with the fingerprints in the dataset of a third-country national or stateless person and a hit is obtained against at least one other set of fingerprints in another dataset corresponding to that same third country national or stateless person, Eurodac shall automatically link those datasets on the basis of the fingerprints comparison.
Amendment 111 #
6. All datasets registered in Eurodac corresponding to the same third country national or stateless person shall be linked in a sequence. Where a search is launched with the fingerprints in the dataset of a third-country national or stateless person and a hit is obtained against at least one other set of fingerprints in another dataset corresponding to that same third country national or stateless person, Eurodac shall automatically link those datasets on the basis of the fingerprints comparison.
Amendment 112 #
6a. In the case of minors, only national law enforcement authorities responsible for the prevention, detection and investigation of child trafficking as well as Europol should be able to access Eurodac for the purpose of protecting child victims of trafficking in human beings. The question whether general law enforcement access under Article 1 (1) (d) to Eurodac for children under the age of 14 years is proportionate, shall be assessed based on additional evidence of the relevance of these data for combating terrorism and other serious crime.
Amendment 113 #
7. The rules governing Eurodac shall also apply to operations carried out by the Member States as from the transmission of data to the Central System or the CIR until use is made of the results of the comparison.’;
Amendment 114 #
(11a) Article 5(1) is replaced by the following: 1. Before the start of the operational use of the modified Eurodac system, the security framework for the Eurodac’s business and technical environment must be properly updated, in line with Article 33 of the EUDPR1a .The Agency, eu- LISA, shall be responsible for the operational management of Eurodac. __________________ 1a Art. 33, Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC.
Amendment 115 #
Amendment 116 #
1. From [the date of application of this Regulation], the
Amendment 117 #
2. The automated processing referred to in Article
Amendment 118 #
For the purpose of carrying out the verifications referred to in Article 20(2)(k) of Regulation (EU) 2018/1240, the ETIAS Central System shall use the European search portal, to compare the data in ETIAS with the data in Eurodac collected on the basis of Articles 12, 13
Amendment 119 #
Amendment 120 #
2.
Amendment 121 #
2. For the purposes of Article 1(1)(f), the ETIAS National Units, shall have temporary access to
Amendment 122 #
A
Amendment 123 #
For the purpose of manually verifying hits triggered by the automated queries carried out by the Visa Information System in accordance with Articles [9a and 9c] of Regulation (EC) No 767/2008 and examining and deciding on visa applications in accordance with Article 21 of Regulation (EC) No 810/2009 of the European Parliament and of the Council 30
Amendment 124 #
Amendment 125 #
From the [date of application of the Regulation (EU) XXX/XXX amending the VIS Regulation], as provided for in Article [9] of that Regulation, Eurodac shall be connected to the European search portal referred to in Article 6 of Regulation (EU) 2019/817
Amendment 126 #
(b) the number of rejected applicants resulting from the linking process referred to in Article 4(6) and pursuant to Article 12(
Amendment 127 #
(c) the number of data sets transmitted on persons referred to in Articles 10(1), 13(1)
Amendment 128 #
(c) the number of data sets transmitted on persons referred to in Articles 10(1)
Amendment 129 #
(c) the number of data sets transmitted on persons referred to in Articles 10(1), 13(1),
Amendment 130 #
Amendment 131 #
Amendment 132 #
(iii) who were i
Amendment 133 #
Amendment 134 #
(iva) who have been granted international protection in a Member State;
Amendment 135 #
(ivb) who were minors at the time the dataset was registered in Eurodac;
Amendment 136 #
Amendment 137 #
Amendment 138 #
(iii) who were i
Amendment 139 #
Amendment 140 #
(iva) who have been granted international protection in a Member State;
Amendment 141 #
(ivb) who were minors at the time the dataset was registered in Eurodac;
Amendment 142 #
Amendment 143 #
Amendment 144 #
(iii) who were i
Amendment 145 #
(iva) who have been granted international protection in a Member State;
Amendment 146 #
(ivb) who were minors at the time the dataset was registered in Eurodac;
Amendment 147 #
Amendment 148 #
Amendment 149 #
(iii) who were i
Amendment 150 #
(iva) who have been granted international protection in a Member State;
Amendment 151 #
(ivb) who were minors at the time the dataset was registered in Eurodac;
Amendment 152 #
(i) the number of data sets marked
Amendment 153 #
(m) the number of requests made
Amendment 154 #
(n) the number of hits received from the Central System as referred to in Article 26(
Amendment 155 #
2. The monthly statistical data for persons referred to in paragraph 1(a) to (n) shall be published each month. At the end of each year, the yearly statistical data for persons referred to in paragraph 1(a) to (n) shall be published by eu-LISA. The statistical data shall be broken down by Member State. The statistical data for persons referred to in paragraph 1 (c) shall, where possible, be broken down by year of birth and sex. All data for persons shall be anonymised and the production of statistical data shall be conditioned upon provisions on the possible rectification of incorrect data.
Amendment 156 #
2. The monthly statistical data for persons referred to in paragraph 1(a) to (n) shall be published each month. At the end of each year, the yearly statistical data for persons referred to in paragraph 1(a) to (n) shall be published by eu-LISA. The statistical data shall be broken down by Member State. The statistical data for persons referred to in paragraph 1 (c) shall, where possible, be broken down by year of birth and
Amendment 157 #
Amendment 158 #
Amendment 159 #
3. For the purpose of supporting the
Amendment 160 #
3. For the purpose of supporting the objective referred to in Article 1(c), eu- LISA shall produce monthly cross-system statistics. Those statistics shall not allow for the identification of individuals and will use data from Eurodac, the Visa Information System, ETIAS
Amendment 161 #
These statistics shall be made available to the Commission, to the European Parliament, to the [European Union Agency for Asylum], to the European Border and Coast Guard Agency and to the Member States. The Commission shall, by means of
Amendment 162 #
These statistics shall be made available to the Commission, to the European Parliament, to the [European Union Agency for Asylum], to the European Border and Coast Guard Agency and to the Member States. The Commission shall, by means of
Amendment 163 #
These statistics shall be made available to the European Parliament, to the Commission, to the [European Union Agency for Asylum], to the European Border and Coast Guard Agency and to the Member States. The Commission shall, by means of implementing acts, specify the content of the monthly cross-system statistics. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41a(2).
Amendment 164 #
4. At the request of the Commission, eu-LISA shall provide it with statistics on specific aspects related to the application of this Regulation as well as the statistics pursuant to paragraph 1. The Commission shall make them available to the European Parliament and shall, upon request, make them available to a Member State and to the [European Union Agency for Asylum].
Amendment 165 #
4. At the request of the Commission, eu-LISA shall provide it with statistics on specific aspects related to the application of this Regulation as well as the statistics pursuant to paragraph 1 and shall, upon request, make them available to a Member State, to the European Parliament, and to the [European Union Agency for Asylum].
Amendment 166 #
4. At the request of the Commission, eu-LISA shall provide it with statistics on specific aspects related to the application of this Regulation as well as the statistics pursuant to paragraph 1 and shall, upon request, make them available to a Member State, the European Parliament, and to the [European Union Agency for Asylum].
Amendment 167 #
5. eu-LISA shall store the data referred to in paragraphs 1 to 4 of this Article, which shall not, under any circumstance, allow for the identification of individuals, for no longer than five years, for research
Amendment 168 #
6. Access to the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/818 shall be granted to eu-LISA, to the Commission, to the [European Union Agency for Asylum] and to the authorities designated by each Member State in accordance with Article 28(2).
Amendment 169 #
6. Access to the central repository for reporting and statistics referred to in
Amendment 170 #
6. Access to the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/818 shall be granted to eu-LISA, to the Commission, to the [European Union Agency for Asylum] and to the authorities designated by each Member State in accordance with Article 28(2).
Amendment 171 #
6a. To ensure the accuracy of data collected and quality of statistics produced, the production of statistical data should be accompanied by strict rules requiring the rectification of incorrect data by Member States within specific deadlines.
Amendment 172 #
1. Each Member State shall take the biometric data of every applicant for international protection of at least
Amendment 173 #
1. Each Member State shall take the biometric data of every applicant for international protection of at least
Amendment 174 #
1. Each Member State shall, in a protection-sensitive manner, take the biometric data of every applicant for international protection of at least
Amendment 175 #
Amendment 176 #
Amendment 177 #
Where Article 3(1) of Regulation (EU) XXX/XXX [Screening Regulation] applies and the person applies for international protection during screening, for every applicant for international protection of at least
Amendment 178 #
Where a Member State is unable to conclude whether a minor is fourteen years old or more, Member States shall assume that the applicant is under fourteen years of age.
Amendment 179 #
3. Where requested by the Member State concerned, the biometric data may also be taken and transmitted on behalf of that Member State by
Amendment 180 #
3. Where requested by the Member State concerned, the biometric data may also be taken and transmitted on behalf of that Member State by specifically trained members of the
Amendment 181 #
4. Each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in Article 4(6)
Amendment 182 #
4a. The biometric data of minors from the age of six shall be taken by officials trained specifically to take a minor's biometric data in a child-friendly and child-sensitive manner and in full respect of the best interests of the child and the safeguards laid down in the United Nations Convention on the Rights of the Child. The minor shall be accompanied by, where present, an adult family member while his or her biometric data are taken. An unaccompanied minor shall be accompanied by a guardian, representative or, where a representative has not been designated, a person trained to safeguard the best interests of the minor and his or her general wellbeing, while his or her biometric data are taken. Such a trained person shall not be the official responsible for taking the biometric data, shall act independently and shall not receive orders either from the official or the service responsible for taking the biometric data.
Amendment 183 #
Amendment 184 #
Amendment 185 #
Amendment 186 #
4. Where paragraphs 1 or 3 of this Article or Article 19(6) apply, the Central System shall, as soon as possible and no later than within 72 hours, inform all Member States of origin of the transmission of such data by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 10(1)
Amendment 187 #
Only the following data shall be recorded in the Central System and in the CIR
Amendment 188 #
Only the following data shall be recorded in the Central System
Amendment 189 #
(h)
Amendment 190 #
(h)
Amendment 191 #
Amendment 192 #
Amendment 193 #
(na) in case of biometric data of minors, the reasons justifying their collection in accordance with Article 10(1);
Amendment 194 #
(o) date on which the data were transmitted to the Central System and to the CIR
Amendment 195 #
Amendment 196 #
Amendment 197 #
Amendment 198 #
Amendment 199 #
Amendment 200 #
Amendment 201 #
Amendment 202 #
2. A
Amendment 203 #
Amendment 204 #
1. Each Member State shall promptly take the biometric data of every third- country national or stateless person of at least
Amendment 205 #
1. Each Member State shall promptly take the biometric data of every third- country national or stateless person of at least
Amendment 206 #
1. Each Member State shall, in a protection-sensitive manner, promptly take the biometric data of every third- country national or stateless person of at least
Amendment 207 #
2. The Member State concerned shall, as soon as possible and no later than 72 hours after the date of apprehension, transmit to the Central System and to the CIR
Amendment 208 #
2. The Member State concerned shall, as soon as possible and no later than 72 hours after the date of apprehension, transmit to the Central System
Amendment 209 #
(h)
Amendment 210 #
(h)
Amendment 211 #
Amendment 212 #
Amendment 213 #
(la) in case of biometric data of minors, the reasons justifying their collection in accordance with Article 10(1);
Amendment 214 #
(m) date on which the data were transmitted to the Central System and to the CIR
Amendment 215 #
Amendment 216 #
Amendment 217 #
(q) where applicable, the fact that assistance for voluntary return and reintegration (AVRR) has been granted
Amendment 218 #
Amendment 219 #
Amendment 220 #
Amendment 221 #
7. Where requested by the Member State concerned, the biometric data may also be taken and transmitted on behalf of that Member State by
Amendment 222 #
8. Each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data
Amendment 223 #
Amendment 224 #
Amendment 225 #
1. Each Member State shall, in a protection-sensitive manner, promptly take the biometric data of every third- country national or stateless person of at least
Amendment 226 #
2. The Member State concerned shall, as soon as possible and no later than 72- hours after the third-country national or the stateless person has been found to be i
Amendment 227 #
(h)
Amendment 228 #
Amendment 229 #
6. Each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in Article 4(6)
Amendment 230 #
Amendment 231 #
Amendment 232 #
1. Each Member State shall promptly take the biometric data of every third- country national or stateless person of at least
Amendment 233 #
1. Each Member State shall, in a protection-sensitive manner, promptly take the biometric data of every third- country national or stateless person of at least
Amendment 234 #
2. The Member State concerned shall, as soon as possible, and no later than 72 hours after the date of disembarkation, transmit to the Central System and to the CIR
Amendment 235 #
(h)
Amendment 236 #
(h)
Amendment 237 #
Amendment 238 #
(la) in case of biometric data of minors, the reasons justifying their collection in accordance with Article 10(1);
Amendment 239 #
(m) date on which the data were transmitted to the Central System and to the CIR
Amendment 240 #
Amendment 241 #
Amendment 242 #
Amendment 243 #
7. Where requested by the Member State concerned, the biometric data may, under reasoned grounds, also be taken and transmitted on behalf of that Member State by members of the European Border and Coast Guard Teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with Regulation(EU) 2019/1896 and Regulation (EU) XXX/XXX [EU Agency for Asylum Regulation].
Amendment 244 #
8. Each data set collected and
Amendment 245 #
1. As soon as the Member State of relocation is
Amendment 246 #
1. As soon as the Member State of relocation is obliged to relocate the person concerned pursuant to Article 57(7) of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management], the benefiting Member State shall update its data set recorded pursuant to Articles
Amendment 247 #
2. When a person arrives in the Member State of relocation following the confirmation by the Member State of relocation to relocate the person concerned pursuant to Article 57(7) of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management], that Member State shall send a data set recorded in conformity with Article
Amendment 248 #
2. When a person arrives in the Member State of relocation following the confirmation by the Member State of relocation to relocate the person concerned pursuant to Article 57(7) of Regulation (EU) XXX/XXX [Regulation on Asylum
Amendment 249 #
Amendment 250 #
3a. For the purposes laid down in Article 14a(1), each set of data relating to a
Amendment 251 #
(aa) the following paragraph 1a is inserted: '1a. For the purposes laid down in Article 12a, each set of data relating to a resettled third-country national or stateless person shall be kept in the Central System for five years from the date on which the fingerprints were taken.'
Amendment 252 #
(4) Upon expiry of the data storage periods referred to in paragraphs (1) to (3a) of this Article, the data of the data-subjects shall be deleted from the Central System and from the CIR
Amendment 253 #
1. For the purposes laid down in Article 1(1)(a) and 1(1)(b), the Member State of origin which granted international protection to a person whose data were previously recorded in the Central System and in the CIR as appropriate pursuant to Article 12 or 12a shall mark the relevant data in conformity with the requirements for electronic communication with the Central System established by eu-LISA. That mark shall be stored in the Central System in accordance with Article 17(1) and 17(1a) for the purpose of transmission under Article 15 and 16. The Central System shall, as soon as possible and no later than 72 hours, inform all Member States of origin of the marking of data by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 10(1), 1
Amendment 254 #
1. For the purposes laid down in Article 1(1)(a), the Member State of origin which granted international protection to a
Amendment 255 #
2. The data of beneficiaries of international protection stored in the Central System and in the CIR as appropriate and marked pursuant to paragraph 1 of this Article shall not be made available for comparison for the purposes laid down in Article 1(1)(d)
Amendment 256 #
2. The data of beneficiaries of international protection stored in the Central System and in the CIR
Amendment 257 #
3. The Member State of origin shall unmark or unblock data concerning a third-country national or stateless person whose data were previously marked or blocked in accordance with paragraphs 1 or 2 of this Article if his or her status is
Amendment 258 #
4. For the purposes laid down in Article 1(1)(a)
Amendment 259 #
4. For the purposes laid down in Article 1(1)(a)
Amendment 260 #
4. For the purposes laid down in
Amendment 261 #
5. The data of illegally staying third- country nationals or stateless persons stored in the Central System and in the CIR and marked pursuant to paragraph 4 of this Article shall not be made available for comparison for the purposes laid down in Article 1(1)(d)
Amendment 262 #
5. The data of
Amendment 263 #
5. The data of i
Amendment 264 #
Amendment 265 #
Amendment 266 #
3a. Access for the purposes of consulting the Eurodac data stored in the CIR shall be granted to the duly authorised staff of the competent national authorities of each Member State and to the duly authorised staff of the Union bodies competent for the purposes laid down in Articles 20 and 21 of Regulation (EU) 2019/818. That access shall be limited to the extent necessary for the performance of the tasks of those national authorities and Union bodies in accordance with those purposes and shall be proportionate to the objectives pursued.;
Amendment 267 #
(26a) in Article 30(1) the following points (ca) and (cb) are inserted: (ca) the possibility to have his or her datasets registered in Eurodac all linked in a sequence, in accordance with Article 4(6); (cb) the storage in the system of a security flag indicating the fact that the person could pose a threat to internal security according to Articles 12(v), 13(2)(r), 14(2)(s) and 14a(2)(r), including the competent authority which has conducted the security check and the one, if different, which has made the assessment, the reasoning for the introduction of security flag and the indication of the information system that has generated a match, for the purpose of ensuring their rights of access to, rectification, completion, erasure and restriction of the processing of personal data and the right to effective remedy;
Amendment 268 #
(26a) Article 34(1), is amended as follows: 1. The national supervisory authorities and the European Data Protection Supervisor shall, each acting within the scope of their respective competences, cooperate actively in the framework of their responsibilities and shall ensure coordinated supervision of Eurodac; a single model of coordinated supervision should be applied, as foreseen in Article 62 EUDPR, referring to joint operations of supervisory authorities 1a __________________ 1a Art. 62, Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC.
Amendment 269 #
(a) surname (family name), surname at birth, first name(s) (given name(s)), date of birth, place of birth,
Amendment 270 #
(a) surname (family name), surname at birth, first name(s) (given name(s)), date of birth, place of birth,
Amendment 271 #
(e) Articles 12, 13
Amendment 272 #
'Without prejudice to Article 38 and 39 of Regulation (EU) XXX/XXX [Eurodac Regulation], Articles 12 and 18 of Regulation (EU) 2018/1862, Article 29 of Regulation (EU) 2019/816 and Article 40 of Regulation (EU) 2016/794, eu-LISA
Amendment 273 #
a) the data referred to in Article 12, points (a) to (f), (h) and (i), Article 13(2), points (a) to (f), (h)
Amendment 274 #
(aa) a data set is transmitted to Eurodac in accordance with Articles 10, 13
Amendment 275 #
(aa) surname(s); forename(s); name(s) at birth, previously used names and aliases; date of birth, place of birth, nationality(ies) and
Amendment 276 #
(aa) surname(s); forename(s); name(s) at birth, previously used names and aliases; date of birth, place of birth, nationality(ies) and
Amendment 277 #
Persons whose data are recorded in the Eurodac shall be informed about the processing of personal data for the purposes of this Regulation in accordance with paragraph 1 when a new data set is transmitted to Eurodac in accordance with Articles 10, 12, 13
Amendment 278 #
Without prejudice to Article 31 of Regulation (EC) No 767/2008, Articles 25 and 26 of Regulation (EU) 2016/794, Articles 37
Amendment 279 #
Without prejudice to Article 31 of Regulation (EC) No 767/2008, Articles 25 and 26 of Regulation (EU) 2016/794
Amendment 280 #
Amendment 281 #
Amendment 39 #
Proposal for a regulation Title 1 Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the establishment of 'Eurodac' for the comparison of biometric data for the effective application of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] and of Regulation (EU) XXX/XXX [Resettlement Regulation], for identifying an i
Amendment 40 #
(4a)
Amendment 41 #
(4a)
Amendment 42 #
(4a) Moreover, for the purposes of effectively applying Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] and in accordance with the rules thereof, it is necessary to clearly mark in Eurodac the fact that there has been a shift of responsibility between Member States, including in cases of relocation. Furthermore, in order to reflect accurately the obligations Member States have to conduct search and rescue operations and to help these Member States with the specific challenges they face as they cannot apply to persons disembarked following such operations the same tools as for i
Amendment 43 #
Amendment 44 #
Amendment 45 #
Amendment 46 #
(4ba) This proposal is to be seen as a step towards a necessary DNA database in order to establish unequivocally the identity of migrants.
Amendment 47 #
Amendment 48 #
(4bc) In addition to this deliberate mutilation, fingerprints also become less accurate due to the ageing process of the skin. The elasticity of the skin decreases, the edges become harder, the fingertip becomes thinner. The quality of the fingerprint therefore deteriorates. 1a __________________ 1a https://www.scientificamerican.com/articl e/lose-your-fingerprints/
Amendment 49 #
(4bd) Third country nationals and stateless persons, as well as their representatives and interest organisations, are obliged to act in accordance with the objectives of this requirement. In case of proof of fraud, fraudsters shall lose present and future substantive and procedural rights relating to asylum, migration, residence, family reunification and acquisition of nationality, without prejudice to the possible application of criminal law by the Member State concerned.
Amendment 50 #
(5a)
Amendment 51 #
(5a) ‘
Amendment 52 #
(5a) ‘It is also necessary to introduce provisions that would ensure the functioning of that system within the interoperability framework established by Regulations (EU) 2019/81725 and 2019/81826 of the European Parliament and of the Council
Amendment 53 #
Amendment 54 #
Amendment 55 #
(5c) Likewise,
Amendment 56 #
(5c) Likewise,
Amendment 57 #
(5c)
Amendment 58 #
(5c) Likewise, for the purpose of managing irregular migration, it is necessary to allow eu-LISA to produce cross-system statistics using data from Eurodac, the Visa Information System, ETIAS
Amendment 59 #
(5c) Likewise, for the purpose of
Amendment 60 #
Amendment 61 #
Amendment 62 #
(11a)
Amendment 63 #
(4a) The following recital is inserted after Recital 13a: (13ab) Authorities of Member States and the Union bodies should continue to be able to see only the data that is relevant for the performance of their specific tasks, even if the data sets are linked in a sequence.
Amendment 64 #
Amendment 65 #
(14)
Amendment 66 #
(14) Moreover, in order for Eurodac to effectively assist with the control of i
Amendment 67 #
(5a) The following recital is inserted after recital 19: (19a) This regulation shall be applied with respect to the best interests of the child. This includes implementing the relevant provisions and child rights safeguards when applying this Regulation to a person who declares being a child or, depending on the case, a person regarding whom there are reasons to believe that they are a child and no supporting proof of age is available; in the event of uncertainty in relation to the age of the child, the authorities should accord the individual the benefit of the doubt, such that if there is a possibility that the child is under 6 years old, s/he should be treated as such.
Amendment 68 #
Amendment 69 #
Amendment 70 #
Amendment 71 #
(6a) The following recital is inserted after recital 27: (27a) in the case of data pertaining children, the transmission, storage or comparison of data needs to pursue a child protection objective and can only happen in accordance with the obligation to give primary consideration to the best interests of the child;
Amendment 72 #
(6b) The following recital is inserted after recital 30a: (30b) No child should be detained for any reason, including to determine or verify their identity or taking of their biometrics, independent of their age and whether they are unaccompanied or accompanied by their families. Community-based, non- custodial alternatives to detention should always be implemented when children and their families are concerned.
Amendment 73 #
(6c) The following recital is inserted after recital 57: (57a new) The European Parliament, the Council and the Commission should ensure that the available financial and human resources attain the level as indicated in the Legislative Financial Statement of the Commission in relation to this Regulation, enabling eu-LISA to start the implementation process once this regulation enters into force.
Amendment 74 #
(b) assist with the purpose of identifying secondary movements of resettled third-country nationals in the application of Regulation (EU) XXX/XXX [Resettlement
Amendment 75 #
Amendment 76 #
Amendment 77 #
(c) assist with the
Amendment 78 #
(c) assist with the control of i
Amendment 79 #
(ca) protect child victims of trafficking in human beings and identify and protect missing children;
Amendment 80 #
Amendment 81 #
Amendment 82 #
Amendment 83 #
Amendment 84 #
(f) support the
Amendment 85 #
Amendment 86 #
Amendment 87 #
(g) support the
Amendment 88 #
(ga) gather statistics on persons seeking international protection, on persons arriving irregularly in the Union, on persons disembarked in the Union following search and rescue operations, on persons arriving for the purposes of resettlement or humanitarian admission, and on persons granted and refused international protection in order to support evidence-based Union asylum and migration policy making.
Amendment 89 #
2.
Amendment 90 #
Amendment 91 #
2a. Collection and processing of personal data within Eurodac by competent authorities shall not result in discrimination against persons covered by Articles 10, 13, 14 and 14a on the grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation or gender expression. This Regulation shall fully respect human dignity and the fundamental rights and principles recognised by the Charter of Fundamental Rights of the European Union, including the right to respect for one’s private life, to the protection of personal data, to asylum, to non- refoulement and the prohibition of torture, inhuman or degrading treatment. Particular attention shall be paid to children, the elderly, persons with a disability and persons in need of international protection. The best interests of the child shall be a primary consideration.
Amendment 92 #
2a. This Regulation shall be implemented in full compliance with the Charter of Fundamental Rights, including the right to respect for one’s private life and to the protection of personal data. In that respect, processing of personal data shall not lead to discrimination on the grounds of gender, race, colour, ethnic or social origin, property, birth, disability, age or sexual orientation.
Amendment 93 #
Amendment 94 #
(a) point (aa) is added in paragraph 1: (aa) 'resettled third-country national or stateless person’ means a third-country national or stateless person who, following a resettlement procedure in accordance with national law or with [Regulation XXX/XXX], arrives on the territory of the Member State of resettlement.
Amendment 95 #
(b) in paragraph 1, the following points (p), (q), (r) and (ra) are added:
Amendment 96 #
(p) “CIR” means the common identity repository as defined in Article 17 of
Amendment 97 #
(q) “identity data” means the data referred to in Article 12(c) to (f) and (h)
Amendment 98 #
(q) “identity data” means the data referred to in Article 12(c) to (f) and (h), Article 13(2) (c) to (f)
Amendment 99 #
(r) “dataset” means the set of information recorded in Eurodac on the basis of Articles 12
source: 692.638
2022/12/14
LIBE
5 amendments...
Amendment 91 #
4. For the purposes laid down in Article 1(1)(a) and (c), the Member State of origin which issued a residence document to an i
Amendment 92 #
5. The data of i
Amendment 93 #
Proposal for a regulation Point 19 – Chapter IV a Amendment 94 #
3a. Access for the purposes of consulting the Eurodac data stored in the CIR shall be granted to the duly authorised staff of the competent national authorities of each Member State and to the duly authorised staff of the Union bodies competent for the purposes laid down in Articles 20 and 21 of Regulation (EU) 2019/818. That access shall be limited to the extent necessary for the performance of the tasks of those national authorities and Union bodies in accordance with those purposes and shall be proportionate to the objectives pursued.;
Amendment 95 #
source: 739.726
2023/02/10
LIBE
90 amendments...
Amendment 1 #
Proposal for a regulation Title 1 Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the establishment of 'Eurodac' for the comparison of biometric data for the effective application of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] and of Regulation (EU) XXX/XXX [Resettlement Regulation], for identifying an i
Amendment 10 #
(24ab) Where a third-country national or stateless person who has been apprehended in connection with the irregular crossing of an external border makes an application for international protection at the time of or following his or her apprehension, the apprehending Member State should not be exempt from the obligation to take and record the biometric data of that person in accordance with this Regulation.
Amendment 11 #
Amendment 12 #
(6a) the following recital is inserted after recital 57: (57a) In order to enable eu-LISA to start the implementation process as regards Eurodac as soon as this Regulation enters into force, the European Parliament, the Council and the Commission should ensure that the financial and human resources made available for the purposes of this Regulation attain the level indicated in the Legislative Financial Statement of the Commission in relation to this Regulation.
Amendment 13 #
(b) assist with the
Amendment 14 #
(ca) assist with the protection of child victims of trafficking in human beings and the identification and protection of missing children;
Amendment 15 #
(d) lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of biometric or alphanumeric data with those stored in the Central System or in the Common Identity Repository (CIR), for law enforcement purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences;
Amendment 16 #
(f) support the
Amendment 17 #
(g) support the
Amendment 18 #
(ga) enable the production of statistics on persons seeking international protection, on persons arriving for the purposes of resettlement or humanitarian admission, and on persons granted and refused international protection in order to support evidence-based Union asylum and migration policy making.
Amendment 19 #
2. Without prejudice to the processing of data intended for Eurodac by the Member State of origin in databases set up under the latter's national law, biometric data and other personal data may be processed in Eurodac only for the purposes set out in this Regulation
Amendment 2 #
(4a)
Amendment 20 #
2 a. This Regulation fully respects human dignity and the fundamental rights in full compliance with the Charter of Fundamental Rights of the European Union, including the right to respect for one’s private life, the right to the protection of personal data, the right to asylum, the right to non-refoulement, and the prohibition of torture, inhuman or degrading treatment. In that respect, the processing of personal data in accordance with this Regulation shall not lead to any kind of discrimination.
Amendment 21 #
2 b. The best interests of the child shall be a primary consideration in the application of this Regulation. That includes implementing the relevant provisions and child rights safeguards when applying this Regulation to a person who declares that he or she is a child or, depending on the case, a person regarding whom there are reasons to believe that he or she is a child and for whom no supporting proof of age is available. In the event of uncertainty in relation to the age of the child, the authorities shall accord to that person the benefit of the doubt. In the event of uncertainty in relation to the age of a person who has declared that he or she is a child, the authorities shall accord the that person the benefit of the doubt. That means that if it is possible that that person is under 6 years old, the authorities shall treat that person as such.
Amendment 22 #
2 c. Where the Eurodac data pertain to a child under the age of fourteen, those data shall only be used for law enforcement purposes, with the exception of purposes relating to child trafficking, where there is additional evidence that demonstrates that those data are relevant for the prevention, detection or investigation of terrorist offences or of other serious criminal offences.
Amendment 23 #
2 d. Children shall not be detained for the purpose of determining or verifying their identity or taking their biometric data independent of their age and whether they are unaccompanied or accompanied by their families. Community-based, non- custodial alternatives to detention shall be used where children and their families are concerned.
Amendment 24 #
(-a) in paragraph 1, the following point is inserted: (a a) ‘resettled third-country national or stateless person’ means a third-country national or stateless person who, following a resettlement procedure in accordance with national law or with [Regulation (EU) XXX/XXX] [Resettlement Regulation], arrives on the territory of the Member State of resettlement;
Amendment 25 #
(
Amendment 26 #
(ra) “child” means every human being below the age of eighteen years as defined in the Convention on the Rights of the Child.
Amendment 27 #
(c) the common identity repository (CIR) as referred to in Article 17(2) of Regulation 2019/818, which shall replace the Central System to the extent that it stores the personal data referred to in Article 18 of that Regulation;
Amendment 28 #
2. The CIR shall contain the personal data referred to in Article 12, points (a) to (f), (h) and (i), Article 13(2) (a) to (f), (h), and (i), Article 14(2) (a) to (f), (h) and (i) and Article 14a(a) to (f), (h) and (i). The remaining Eurodac data shall be stored in the Central System.
Amendment 29 #
5. Data on persons covered by Articles 10(1), 13(1), 14(1) and 14a(1) which are processed in the Central System shall be processed on behalf of the Member State of origin under the conditions set out in this Regulation
Amendment 3 #
(5a)
Amendment 30 #
6. All datasets registered in Eurodac corresponding to the same third country national or stateless person shall be linked in a sequence. Where a
Amendment 31 #
1. The rules governing Eurodac shall also apply to operations carried out by the Member States as from the transmission of data to the Central System or the CIR until use is made of the results of the comparison.’;
Amendment 32 #
Amendment 33 #
1. From [the date of application of this Regulation], the
Amendment 34 #
2. The automated processing referred to in Article
Amendment 35 #
2.
Amendment 36 #
For the purpose of manually verifying hits triggered by the automated queries carried out by the Visa Information System in accordance with Articles [9a and 9c] of Regulation (EC) No 767/2008 and examining and deciding on visa applications in accordance with Article 21 of Regulation (EC) No 810/2009 of the European Parliament and of the Council
Amendment 37 #
Amendment 38 #
From the [date of application of the Regulation (EU) XXX/XXX amending the VIS Regulation], as provided for in Article [9] of that Regulation, Eurodac shall be connected to the European search portal referred to in Article 6 of Regulation (EU) 2019/817 in order to enable the automated processing referred to in Article [9a] of Regulation (EC) No 767/2008
Amendment 39 #
1. eu-LISA shall draw up statistics on the work of the Central System and the CIR every month indicating in particular:
Amendment 4 #
(5b a) For the purpose of performing the tasks laid down in Regulations (EU) 2019/18961a and (EU) 2021/23031b of the European Parliament and of the Council, it is necessary that members of the European Border and Coast Guard standing corps deployed through border management teams, migration management support teams and return teams, and of the asylum support teams of the European Union Agency for Asylum, (‘Agencies’ teams’) have access to Eurodac. When requested by the Member State hosting a particular operation, members of the Agencies’ teams should be able to take and transmit relevant Eurodac data using the Member States’ IT solutions. __________________ 1a Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1). 1b Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 (OJ L 468, 30.12.2021, p. 1).
Amendment 40 #
(b) the number of rejected applicants resulting from the linking process referred
Amendment 41 #
(c) the number of data sets transmitted on persons referred to in Articles 10(1), 13(1)
Amendment 42 #
Amendment 43 #
(iv a) who have been granted international protection in a Member State;
Amendment 44 #
(iv b) who were minors at the time the dataset was registered in Eurodac;
Amendment 45 #
Amendment 46 #
(iv a) who have been granted international protection in a Member State;
Amendment 47 #
(iv b) who were minors at the time the dataset was registered in Eurodac;
Amendment 48 #
Amendment 49 #
(iv a) who have been granted international protection in a Member State;
Amendment 5 #
(5c)
Amendment 50 #
(iv b) who were minors at the time the dataset was registered in Eurodac;
Amendment 51 #
(iv a) who have been granted international protection in a Member State;
Amendment 52 #
(iv b) who were minors at the time the dataset was registered in Eurodac;
Amendment 53 #
(m) the number of requests made
Amendment 54 #
2. The monthly statistical data for persons referred to in paragraph 1(a) to (n) shall be published each month. At the end of each year, the yearly statistical data for persons referred to in paragraph 1(a) to (n) shall be published by eu-LISA. The statistical data shall be broken down by Member State. The statistical data for persons referred to in paragraph 1 (c) shall, where possible, be broken down by year of birth and sex. All data concerning persons shall be anonymised and the production of statistical data shall be conditional upon provisions on the possible rectification of incorrect data.
Amendment 55 #
3. For the purpose of supporting the
Amendment 56 #
These statistics shall be made available to the Commission, to the European Parliament, to Member States and to the relevant Union agencies, in particular the [European Union Agency for Asylum],
Amendment 57 #
4. At the request of the Commission, eu-LISA shall provide it with statistics on specific aspects related to the application of this Regulation as well as the statistics pursuant to paragraph 1 and shall, upon request, make them available to a Member State
Amendment 58 #
5. eu-LISA shall store for no longer than five years the data referred to in paragraphs 1 to 4 of this Article, which shall not, under any circumstance, allow for the identification of individuals, for research and analysis purposes
Amendment 59 #
6. Access to the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/818 shall be granted to eu-LISA, to the Commission
Amendment 6 #
(6)
Amendment 60 #
6 a. To ensure the accuracy of data collected and the quality of statistics produced, the production of statistical data shall be accompanied by strict rules requiring Member States to rectify incorrect data within specified deadlines.
Amendment 61 #
1. Each Member State shall, in a protection-sensitive manner take the biometric data of every applicant for international protection of at least six years of age
Amendment 62 #
3. Where requested by the Member State concerned, the biometric and alphanumeric data may also be taken and transmitted on behalf of that Member State by specifically trained members of the European Border and Coast Guard Teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with Regulation (EU) 2019/1896 and Regulation (EU) XXX/XXX [EU Agency for Asylum Regulation].
Amendment 63 #
4. Each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in Article 4(6)
Amendment 64 #
4a. The biometric data of minors from the age of six shall be taken by officials trained specifically to take a minor's biometric data in a child-friendly and child-sensitive manner and in full respect of the best interests of the child and the safeguards laid down in the United Nations Convention on the Rights of the Child. The minor shall be accompanied by, where present, an adult family member while his or her biometric data are taken. An unaccompanied minor shall be accompanied by a guardian, representative or, where a representative has not been designated, a person trained to safeguard the best interests of the minor and his or her general wellbeing, while his or her biometric data are taken. Such a trained person shall not be the official responsible for taking the biometric data, shall act independently and shall not receive orders either from the official or the service responsible for taking the biometric data.
Amendment 65 #
Only the following data shall be recorded in the Central System
Amendment 66 #
(o) the date on which the data were transmitted to the Central System and to the CIR, as appropriate
Amendment 67 #
(v) the fact that the person could pose a threat to internal security following
Amendment 68 #
3. The Member State of origin which concluded that the threat to internal security identified following an examination pursuant to Article 8(4) of Regulation (EU) XXX/XXX (Regulation on Asylum and Migration Management) no longer applies shall delete the security flag from the dataset. The Central System shall, as soon as possible and no later than 72 hours after the deletion of the security flag by another Member State of origin having produced a hit with data which they transmitted relating to persons as referred to in Articles 13(1), 14(1) or 14a(1), inform all Member States of origin of that deletion. Those Member States of origin shall also delete the security flag in the corresponding dataset.
Amendment 69 #
Amendment 7 #
(14)
Amendment 70 #
Amendment 71 #
1. Each Member State shall, in a protection-sensitive manner promptly take the biometric data of every third-
Amendment 72 #
2. The Member State concerned shall, as soon as possible and no later than 72 hours after the date of apprehension, transmit to the Central System
Amendment 73 #
Amendment 74 #
7. Where requested by the Member State concerned, the biometric and alphanumeric data may also be taken and transmitted on behalf of that Member State by members of the European Border and Coast Guard Teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with Regulation (EU) 2019/1896 and Regulation (EU) XXX/XXX [EU Agency for Asylum Regulation].
Amendment 75 #
8. Each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in Article 4(6), and respecting the limitations established therein.
Amendment 76 #
1. Each Member State shall, in a protection-sensitive manner, promptly
Amendment 77 #
2. The Member State concerned shall, as soon as possible and no later than 72- hours after the third-country national or the stateless person has been found to be illegally staying, transmit to the Central System and to the CIR, as appropriate, in accordance with Article 4(2) the following data in relation to any third-
Amendment 78 #
Amendment 79 #
6. Each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in Article 4(6), and respecting the limitations established therein.
Amendment 8 #
Amendment 80 #
Proposal for a regulation Point 19 – Chapter IV a Amendment 81 #
1. As soon as the Member State of relocation is
Amendment 82 #
1 a. For the purposes laid down in Article 12a, each set of data relating to a resettled third-country national or stateless person shall be kept in the Central System for five years from the date on which the biometric data were taken.
Amendment 83 #
4. Upon expiry of the data storage periods referred to in paragraphs (1) to (3a) of this Article, the data of the data-subjects shall be automatically deleted from the Central System and from the CIR as appropriate.;
Amendment 84 #
Marking
Amendment 85 #
1. For the purposes laid down in Article 1(1)(a) and 1(1)(b), the Member State of origin which granted international protection to a person whose data were previously recorded in the Central System and in the CIR as appropriate pursuant to Article 12 or 12a shall mark the relevant data in conformity with the requirements for electronic communication with the Central System established by eu-LISA. That mark shall be stored in the Central System in accordance with Article 17(1) and 17(1a) for the purpose of transmission under Article 15 and 16. The Central System shall, as soon as possible and no later than 72 hours, inform all Member States of origin of the marking of data by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 10(1), 12(b), 13(1)
Amendment 86 #
2. The data of beneficiaries of international protection stored in the Central System and in the CIR, as appropriate, in accordance with Article 4(2) and marked pursuant to paragraph 1 of this Article shall be made available for comparison for the purposes laid down in Article 1(1)(d) until such data is automatically erased from the Central System and from the CIR as appropriate in accordance with Article 17(4).
Amendment 87 #
4. For the purposes laid down in Article 1(1)(a)
Amendment 88 #
5. The data of i
Amendment 89 #
3a. Access for the purposes of consulting the Eurodac data stored in the CIR shall be granted to the duly authorised staff of the competent national authorities of each Member State and to the duly authorised staff of the Union bodies competent for the purposes laid down in Articles 20 and 21 of Regulation (EU) 2019/818. That access shall be limited to the extent necessary for the performance of the tasks of those national authorities and Union bodies in accordance with those purposes and shall be proportionate to the objectives pursued.;
Amendment 9 #
(24aa) Where a third-country national or stateless person who has been found irregularly staying in a Member State makes an application for international protection at the time of or following his or her apprehension, that Member State should not be exempt from the obligation to take and record the biometric data of that person in accordance with this Regulation.
Amendment 90 #
source: 739.726
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Repealing Regulation (EU) No 603/2013 2008/0242(COD) See also 2016/0133(COD)
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Repealing Regulation (EU) No 603/2013 2008/0242(COD)
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Repealing Regulation (EU) No 603/2013 2008/0242(COD) See also 2016/0133(COD)
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Eurodac Regulation |
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Treaty on the Functioning of the EU TFEU 088-p2-a1
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Eurodac system for the comparison of fingerprints of applicants for international protection and for identifying illegally staying third-country nationals or stateless persons; requests for the comparison with Eurodac data. RecastNew
Eurodac system for the comparison of fingerprints of applicants for international protection and for identifying illegally staying third-country nationals or stateless persons; requests for the comparison with Eurodac data. Recast |
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http://ec.europa.eu/info/departments/migration-and-home-affairs_en |
other/0/dg/url |
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http://ec.europa.eu/dgs/home-affairs/New
http://ec.europa.eu/info/departments/migration-and-home-affairs_en |
activities/0/docs/0/celexid |
CELEX:52016PC0272:EN
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activities/0/docs/0/celexid |
CELEX:52016PC0272:EN
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activities/1/committees/2/date |
2017-01-24T00:00:00
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2017-01-24T00:00:00
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activities/1/committees/3/date |
2016-10-03T00:00:00
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2016-10-03T00:00:00
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2016-10-03T00:00:00
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2016-10-03T00:00:00
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2016-10-03T00:00:00 |
activities/1/committees/3/rapporteur/0/mepref |
Old
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4f1ad952b819f207b300000e |
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Old
KIRKHOPE TimothyNew
MACOVEI Monica |
activities/1/committees/3/shadows/2 |
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Old
53b2d6feb819f205b0000003New
53b2d826b819f205b0000034 |
activities/1/committees/3/shadows/5/name |
Old
AGEA LauraNew
CASTALDO Fabio Massimo |
committees/3/date |
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2016-10-03T00:00:00 |
committees/3/rapporteur/0/mepref |
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4f1ad952b819f207b300000e |
committees/3/rapporteur/0/name |
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KIRKHOPE TimothyNew
MACOVEI Monica |
committees/3/shadows/2 |
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committees/3/shadows/5/mepref |
Old
53b2d6feb819f205b0000003New
53b2d826b819f205b0000034 |
committees/3/shadows/5/name |
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AGEA LauraNew
CASTALDO Fabio Massimo |
activities/1/committees/1/date |
2016-09-15T00:00:00
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committees/1/date |
2016-09-15T00:00:00
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