2018/0330B(COD) European Border and Coast Guard: false and authentic documents online (FADO) system
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
METSOLA Roberta ( EPP)
|
KALJURAND Marina ( S&D),
TUDORACHE Dragoş ( Renew),
BRICMONT Saskia ( Verts/ALE),
BUXADÉ VILLALBA Jorge ( ECR),
REGO Sira ( GUE/NGL)
|
| Former Responsible Committee | LIBE | ||
| Committee Opinion | BUDG | ||
| Former Committee Opinion | BUDG | ||
| Committee Legal Basis Opinion | JURI |
ROBERTI Franco ( S&D)
|
Lead committee dossier:
Subjects
Events
2020/07/14
EP - End of procedure in Parliament
2020/04/06
Final act published in Official Journal
Details
PURPOSE: updating the European system of false and authentic documents on-line (FADO system) to combat document and identity fraud.
LEGISLATIVE ACT: Regulation (EU) 2020/493 of the European Parliament and of the Council on the False and Authentic Documents Online (FADO) system and repealing Council Joint Action 98/700/JHA.
CONTENT: the Regulation constitutes the new legal basis necessary to govern the European Image Archiving System for False and Authentic Documents Online (FADO). The FADO system was set up in 1998 to facilitate the exchange of information between Member States' authorities on authentic and false documents.
Scope and content
The updated FADO system shall contain information on travel, identity, residence and civil status documents, driving licences and vehicle licences issued by Member States or the Union, and on false versions thereof.
It may also contain information on the aforementioned documents issued by third parties, such as third countries, territorial entities, international organisations and other entities subject to international law, and on false versions of such documents.
Member States and the Union shall send information on such documents to the European Border and Coast Guard Agency without delay. Third countries, territorial entities, international organisations and other entities subject to international law may also transmit information on such documents to the Agency.
The FADO system may also contain handbooks, contact lists, information on valid travel documents and their recognition by Member States, recommendations on effective ways of detecting specific methods of falsification and other useful related information.
Responsibilities of the Agency
The Agency shall ensure the correct and reliable functioning of the FADO system and provide support to the competent authorities of the Member States in the detection of false documents. It shall be responsible for the timely and efficient input of information into the FADO system and ensure the uniformity and quality of this information.
Architecture of the FADO system and access thereto
Different levels of access shall be granted to users:
- the Commission and the Agency, to the extent necessary for the performance of their tasks, and Member State authorities competent in the field of document fraud, such as police, border guards and other law enforcement authorities and other relevant national authorities, shall have secure access to the FADO system in accordance with the need-to-know principle;
- the general public shall have access to specimens of authentic documents or authentic documents containing pseudonymised data;
- the following actors shall have limited access to the information stored in the FADO system: (i) EU institutions, bodies, offices and agencies, other than the Commission and the Agency; (ii) third parties, such as third countries, territorial entities, international organisations and other entities subject to international law; (iii) private entities, such as airlines and other carriers.
Member States shall decide which competent authorities in the field of document fraud have access to the FADO system, including the level of access granted to them, and shall inform the Commission and the Agency accordingly. Upon request, the Commission shall transmit this information to the European Parliament.
The Commission may adopt delegated acts as regards the establishment of measures granting access to the FADO system to Union institutions, bodies, offices and agencies, third parties and private entities on a limited basis.
Processing of personal data by the Agency
Personal data contained in the FADO system shall be processed only to the extent strictly necessary for the management of the FADO system.
To this end, the Agency shall ensure that technical and organisational measures, such as pseudonymisation, are put in place in accordance with the data minimisation principle, in a way that does not allow the identification of natural persons through the FADO system without the use of additional data.
ENTRY INTO FORCE: 26.4.2020.
2020/04/01
CSL - Draft final act
Documents
2020/03/30
CSL - Final act signed
2020/03/13
EP/CSL - Act adopted by Council after Parliament's 1st reading
2020/03/13
CSL - Council Meeting
2020/03/10
EC - Commission response to text adopted in plenary
Documents
2020/02/13
EP - Results of vote in Parliament
Documents
2020/02/13
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 592 votes to 33, with 3 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the European Border and Coast Guard and repealing Council Joint Action n°98/700/JHA, Regulation (EU) n° 1052/2013 of the European Parliament and of the Council and Regulation (EU) n° 2016/1624 of the European Parliament and of the Council.
The European Parliament’s position adopted at first reading, in accordance with the ordinary legislative procedure, amended the Commission proposal as follows:
Subject matter and purpose
The Regulation shall provide the new legal basis necessary to govern the European Image Archiving System on False and Authentic Documents Online (FADO)), established by Council Joint Action 98/700/JHA within the General Secretariat of the Council.
This Regulation establishes the False and Authentic Documents Online (FADO) system containing information on authentic documents issued by Member States, the EU, and third parties, such as third countries, territorial entities, international organisations and other entities subject to international law, and on false versions thereof.
The purpose of the FADO system is to contribute to the fight against document and identity fraud by sharing information on the security features of, and potential fraud characteristics in, authentic and false documents between the Member State authorities competent in the area of document fraud.
The purpose of the FADO system is also to contribute to the fight against document and identity fraud by sharing information with other actors, including the general public.
Members specified that the FADO system shall contain information on all types of authentic travel, identity, residence and civil status documents, driving licences and vehicle licences issued by Member States, EU laissez-passer and false versions of these documents in their possession. Member States and the EU shall forward information on those documents to the European Border and Coast Guard Agency (the Agency) without delay.
The FADO system shall also contain:
- information on other related official documents, in particular those used to support requests for official documents issued by Member States, and on false versions of such documents;
- information on all types of genuine travel, identity, residence and civil status documents, driving licences and registration certificates and other related official documents, in particular those used to support applications for official documents, issued by third parties, such as third countries, territorial entities, international organisations and other entities subject to international law, and on false versions of such documents.
Third parties, such as third countries, territorial entities, international organisations and other entities subject to international law, may provide the Agency with information on such documents.
The FADO system may also contain recommendations on effective means of detecting specific methods of falsification and other relevant information.
Responsibilities of the Agency
The Agency shall ensure the correct and reliable functioning of the FADO system and provide support to the competent authorities of the Member States in the detection of false documents. It shall be responsible for the timely and efficient input of information into the FADO system and ensure the uniformity and quality of this information.
Access to the system
Different levels of access shall be granted to users:
- the Commission and the Agency, to the extent necessary for the performance of their tasks, and Member State authorities competent in the field of document fraud, such as police, border guards and other law enforcement authorities and other relevant national authorities, shall have secure access to the FADO system in accordance with the need-to-know principle;
- the general public shall have access to specimens of authentic documents or authentic documents containing pseudonymised data;
- the following actors shall have limited access to the information stored in the FADO system: (i) EU institutions, bodies, offices and agencies, other than the Commission and the Agency; (ii) third parties, such as third countries, territorial entities, international organisations and other entities subject to international law; (iii) private entities, such as airlines and other carriers.
Member States shall decide which competent authorities in the field of document fraud have access to the FADO system, including the level of access granted to them, and shall inform the Commission and the Agency accordingly. Upon request, the Commission shall transmit this information to the European Parliament.
Processing of personal data by the Agency
Personal data contained in the FADO system shall be processed only to the extent strictly necessary for the management of the FADO system.
To this end, the Agency shall ensure that technical and organisational measures, such as pseudonymisation, are put in place in accordance with the data minimisation principle, in a way that does not allow the identification of natural persons through the FADO system without the use of additional data.
Documents
2020/02/12
EP - Debate in Parliament
Documents
2020/01/10
EP - Specific opinion
Documents
2019/12/09
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2019/11/25
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2019/11/20
EP - ROBERTI Franco (S&D) appointed as rapporteur in JURI
2019/11/13
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2019/11/11
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Roberta METSOLA (EPP, MT) on the proposal for a regulation of the European Parliament and of the Council on the European Border and Coast Guard and repealing Council Joint Action n°98/700/JHA, Regulation (EU) n° 1052/2013 of the European Parliament and of the Council and Regulation (EU) n° 2016/1624 of the European Parliament and of the Council.
As a reminder, the False and Authentic Documents Online system (FADO) was established by Joint Action 98/700/JHA within the General Secretariat of the Council. Over the past years, the Agency has developed expertise in the area of document fraud. The Agency is therefore to take over the administration as well as the operation and technical management of FADO from the General Secretariat of the Council. It shall be ensured that, during the transitional period, FADO remains fully operational until the transfer has been effectively carried out and the existing information has been transferred to the new system. The ownership of the existing data should then be transferred to the Agency.
The proposed Regulation aims to repeal Council Joint Action 98/700/JHA.
The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal.
The main amendments concern the following:
Subject matter
The aim of the proposed Regulation is to constitute a new legislative basis for governing FADO. Its purpose is to provide up-to-date information on authentic and false documents and to contribute to the fight against document and identity fraud by sharing information on security features and potential fraud characteristics in authentic and false documents between the competent national authorities, with third parties, such as Union institutions, bodies, offices and agencies, and, where applicable, with third countries, territorial entities, international organisations, other entities subject to international law and private entities, and on authentic documents with the general public.
Scope
FADO shall contain information on specimen travel, identity, residence and civil status documents, driving licenses and vehicle licenses issued by Member States and falsified versions of such documents in their possession. It may also contain other related official documents that are used when applying for travel, residence or identity documents issued by Member States, and, where applicable, by third countries, territorial entities and international organisations.
It should be noted that the proposed Regulation shall not affect the competence of Member States relating to the recognition of passports, travel documents, visas or other identity documents.
Categories of documents and data contained in FADO
FADO shall include the following:
- information, including images, on specimen documents, their security features, on false, forged, counterfeit or pseudo documents and their fraud characteristics;
- summary information on forgery techniques;
- statistics on detected false documents;
- recommendations on effective ways of detecting specific methods of forgery.
Member States shall transmit without delay to the European Border and Coast Guard Agency (the ‘Agency’) all the data on specimen and fraudulent travel, identity, residence and civil status documents, driving licenses and vehicle licenses in relation to which they are data controller under the applicable Union data protection law. When the Member States become data controller in respect of additional data on such documents and licenses, they shall also transmit them without delay to the Agency.
Responsibilities of the Agency
The Agency shall:
- be responsible for establishing FADO in accordance with this Regulation. It shall ensure the functioning of FADO 24 hours a day, 7 days a week and provide for the its maintenance and updating;
- provide the Member States’ competent authorities with near real-time assistance in the detection and identification of falsified documents.
FADO’s architecture and access thereto
Members proposed that FADO’s architecture shall enable different levels of access rights to FADO. Only document experts from the Member States’ authorities competent in the area of document fraud, such as border police and other law enforcement authorities, shall have access to FADO in an unrestricted manner.
Protection and processing of personal data
Member States shall ensure that individuals whose personal data are used on specimen and falsified documents are protected in accordance with the relevant applicable rules, including as regards the processing of their personal data in FADO. Personal data shall be limited to what is strictly necessary for the purposes of FADO. FADO should contain personal data in the form of a facial image or alphanumerical data only insofar as they are related to the security features in a specimen document or the method of falsification of a falsified document.
Documents
2019/11/07
EP - Vote in committee, 1st reading
2019/11/07
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2019/10/21
EP - Committee referral announced in Parliament, 1st reading
2019/10/17
EP - Amendments tabled in committee
Documents
2019/09/19
EP - Committee draft report
Documents
2019/07/24
EP - METSOLA Roberta (EPP) appointed as rapporteur in LIBE
2019/03/28
EP - Committee referral announced in Parliament, 1st reading
2019/02/06
CofR - Committee of the Regions: opinion
Documents
2018/12/12
ESC - Economic and Social Committee: opinion, report
Documents
2018/09/12
EC - Legislative proposal
Documents
2018/09/12
EC - Legislative proposal published
Documents
Documents
- Final act published in Official Journal: Regulation 2020/493
- Final act published in Official Journal: OJ L 107 06.04.2020, p. 0001
- Draft final act: 00097/2019/LEX
- Commission response to text adopted in plenary: SP(2020)94
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T9-0038/2020
- Debate in Parliament: Debate in Parliament
- Specific opinion: PE645.098
- Committee report tabled for plenary, 1st reading: A9-0022/2019
- Amendments tabled in committee: PE642.889
- Committee draft report: PE641.177
- Committee of the Regions: opinion: CDR6213/2018
- Economic and Social Committee: opinion, report: CES4848/2018
- Legislative proposal: COM(2018)0631
- Legislative proposal: EUR-Lex
- Legislative proposal published: COM(2018)0631
- Legislative proposal published: EUR-Lex
- Legislative proposal: COM(2018)0631 EUR-Lex
- Economic and Social Committee: opinion, report: CES4848/2018
- Committee of the Regions: opinion: CDR6213/2018
- Committee draft report: PE641.177
- Amendments tabled in committee: PE642.889
- Specific opinion: PE645.098
- Commission response to text adopted in plenary: SP(2020)94
- Draft final act: 00097/2019/LEX
Activities
- Marcel KOLAJA
Plenary Speeches (2)
- Sira REGO
Plenary Speeches (1)
- Annalisa TARDINO
Plenary Speeches (1)
- Dragoş TUDORACHE
Plenary Speeches (1)
Votes
A9-0022/2019 - Roberta Metsola - Am 2 #
2020/02/13 Outcome: +: 592, -: 33, 0: 3
PPE
ID
NI| Amendments | Dossier |
| 37 |
2018/0330B(COD)
2019/10/17
LIBE
37 amendments...
Amendment 37 #
Proposal for a regulation Recital 80 (80) The False and Authentic Documents Online (‘FADO’) system was established by Council Joint Action 98/700/JHA1a within the General Secretariat of the Council, providing access to Member States' authorities to have at their disposal information on any new forgery methods that are detected and on the new genuine documents that are in circulation, in order to aid the combating of irregular migration and the use of fraudulent documents. _________________ 1aCouncil Joint Action 98/700/JHA of 3 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning the setting up of a European Image Archiving System (FADO) (OJ L 333, 9.12. 1998, p. 4).
Amendment 38 #
Proposal for a regulation Recital 80 a (new) Amendment 39 #
Proposal for a regulation Recital 80 a (new) (80 a) The use of false, fraudulently obtained and forged documents by third- country nationals to enter, and stay in, the Union or to use them in procedures relating to legalisation of stay, including asylum procedures, has become a concern of increasing importance for Member States. While the use of legitimate documents facilitates the entry to, and stay in, Member States, a parallel market has been created for third-country nationals who know that they cannot fulfil the criteria for entering the Union using legitimate documents and regular channels or who otherwise wish to disguise their true identity.
Amendment 40 #
Proposal for a regulation Recital 80 b (new) (80 b) While Member States can maintain or develop their national systems containing information on specimen documents and examples of genuine and false documents, they should be under the obligation to provide the European Border and Coast Guard Agency ('the Agency') with the information on specimen, genuine and false documents they possess. The Agency should upload that information to FADO in order to guarantee the uniformity and quality of the information. In particular, Member States should provide all security features of new versions of genuine documents issued by Member States that are covered by this Regulation.
Amendment 41 #
Proposal for a regulation Recital 81 a (new) (81 a) FADO is specifically created for the purpose of hosting specimen documents and examples of falsified documents that include descriptions of methods of falsification and forgery provided by Member States, and might also host such documents originating from third countries, territorial entities, international organisations and other entities subject to international law. As a direct consequence of that purpose, it should be possible to store personal data in the form of facial images in FADO in so far as the security features of a document cannot be separated from those facial images, or where a false, forged, counterfeit or pseudo document imitates security features that cannot be separated from a facial image. No alphanumeric personal data should be stored in FADO. The European Border and Coast Guard Agency established by Regulation (EU) 2019/... of the European Parliament and of the Council (‘the Agency’) should take the necessary steps to anonymise all elements of personal data which is not necessary in relation to the purposes for which the data is processed in accordance with the principle of data minimisation, provided for in point (c) of Article 4(1) of Regulation (EU) 2018/1725. It should not be possible to retrieve or search any elements of personal data in FADO.
Amendment 42 #
Proposal for a regulation Recital 81 a (new) (81 a) FADO is specifically created for the purpose of hosting specimen documents and examples of falsified documents that include descriptions of methods of falsification and forgery provided by Member States, third countries, territorial entities, international organisations and other entities subject to international law. As a direct consequence of that purpose, personal data should be stored in FADO in the form of different elements appearing in the specimen and falsified documents. Such personal data are limited to what is necessary for the purposes of FADO. The European Border and Coast Guard Agency established by Regulation (EU) 2019/... of the European Parliament and of the Council (‘the Agency’) should take the necessary steps to anonymise all elements of personal data which is not necessary in relation to the purposes for which the data is processed in accordance with the principle of data minimisation, provided for in point (c) of Article 4(1) of Regulation (EU) 2018/1725. It should not be possible to retrieve or search any elements of personal data in FADO, nor should the data in the specimens be used to identify any natural person.
Amendment 43 #
Proposal for a regulation Recital 81 a (new) (81 a) FADO should contain information on all types of genuine and false travel, identity, residence and civil status documents, driving licenses, vehicle licenses and other related official documents issued by Member States, third countries, territorial entities, international organisations and other entities subject to international law.
Amendment 44 #
Proposal for a regulation Recital 81 a (new) (81a) With the exception of public authorities responsible for border control, third parties shall not be granted access to this system.
Amendment 45 #
Proposal for a regulation Recital 81 b (new) (81 b) FADO should contain information on all types of genuine travel, identity, residence and civil status documents, driving licenses and vehicle licenses issued by Member States and falsified versions of such documents in their possession, and might also contain other related official documents that are used when applying for travel, residence or identity documents issued by Member States. It might also contain any such documents issued by third countries, territorial entities, international organisations and other entities subject to international law.
Amendment 46 #
Proposal for a regulation Recital 81 c (new) (81 c) While Member States can maintain or develop their national systems containing information on genuine and false documents, they should be obliged to provide the Agency with information on genuine travel, identity, residence and civil status documents, driving licenses and vehicle licenses which they issue, and falsified versions of such documents in their possession. The Agency should upload that information to FADO in order to guarantee the uniformity and quality of the information. In particular, Member States should provide all security features of new versions of genuine documents issued by Member States that are covered by this Regulation.
Amendment 47 #
(81 d) In order to ensure a high level of control of document fraud by Member States, the Member States’ authorities competent in the area of document fraud such as border police, other law enforcement authorities or certain other third parties should be provided with differing levels of access to FADO, depending on their requirements. As the conditions and measures for granting such access are non-essential elements supplementing this Regulation, they should be laid down by means of delegated acts. Equally, FADO should enable certain users to have at their disposal information on any new forgery methods that are detected and on new genuine documents that are in circulation.
Amendment 48 #
Proposal for a regulation Recital 82 (82)
Amendment 49 #
Proposal for a regulation Recital 83 a (new) (83a) This regulation shall not affect the right to international protection as laid down in international and EU law.
Amendment 50 #
Proposal for a regulation Recital 84 a (new) (84a) This regulation shall take account of the fact that the use of false or falsified identity documents is a necessity for the majority of refugees, given the lack of legal and safe pathways to the EU. This fact is recognised in Article 31 of the Convention Relating to the Status of Refugees, which prevents states from penalising refugees for entering their territory irregularly.
Amendment 51 #
Proposal for a regulation Recital 101 a (new) Amendment 52 #
Proposal for a regulation Article 80 Amendment 53 #
Proposal for a regulation Article 80 – paragraph 1 – subparagraph 1 The Agency shall take over and operate False and Authentic Documents Online (FADO) which is a database that shall contain information on genuine travel and residence documents issued by Member States, third countries, territorial entities, international organisations and other entities subjects of international law and on falsifications thereof.
Amendment 54 #
Proposal for a regulation Article 80 – paragraph 1 a (new) 1a. The FADO system shall not contain any personal data.
Amendment 55 #
Proposal for a regulation Article 80 – paragraph 1 b (new) 1b. The agency shall ensure that the authorities of the Member States responsible for identifying false or falsified documents uphold the right to international protection.
Amendment 56 #
Proposal for a regulation Article 80 – paragraph 1 c (new) Amendment 57 #
Proposal for a regulation Article 80 a (new) Article 80 a Categories of documents and data contained in FADO 1. FADO shall include the following: (a) information, including images, on genuine documents and their security features; (b) information, including images on false, forged, counterfeit or pseudo documents and their fraud characteristics; (c) summary information on forgery techniques; (d) summary information on the security features of the genuine documents; (e) statistics on detected false documents; (f) recommendations on effective ways of detecting specific methods of forgery. FADO may also contain handbooks, contact lists and information on valid travel documents and their recognition by Member States, as well as other useful related information. FADO may contain personal data only in as much as it appears on specimen and falsified documents. Member States shall ensure that individuals whose personal data is used on specimen documents have volunteered for this, including for the processing of their personal data in FADO. It shall not be possible to identify a person from the personal data without additional information or to search personal data in FADO. Personal data shall be processed in accordance with point (a) of Article 5(1) of Regulation (EU) 2018/1725. 2. Member States shall transmit without delay the data on genuine and false documents that they control to the European Border and Coast Guard Agency (‘the Agency’).
Amendment 58 #
Proposal for a regulation Article 80 a (new) Amendment 59 #
Proposal for a regulation Article 80 a (new) Article 80 a Processing of personal data by the Agency The Agency shall apply Regulation (EU) 2018/1725 when processing personal data. Personal data shall be uploaded to FADO only to the extent that they are strictly necessary to describe or illustrate the method of falsification. The Agency shall ensure that personal data is minimised in line with the purpose of FADO.
Amendment 60 #
Proposal for a regulation Article 80 a (new) Article 80 a Scope FADO shall contain information on genuine travel, identity, residence and civil status documents, driving licenses, vehicle licenses and other related official documents issued by Member States, third countries, territorial entities, international organisations and other entities subject to international law, and on falsifications thereof.
Amendment 61 #
Proposal for a regulation Article 80 b (new) Amendment 62 #
Proposal for a regulation Article 80 b (new) Article 80 b FADO architecture and access to the system The FADO architecture shall enable: (a) designated document experts of the Member States’ authorities competent in the area of document fraud, such as border police and other law enforcement authorities, to access the system in an unrestricted manner; (b) Member States’ authorities that do not require detailed information regarding the security features and falsification of documents to access the system in a restricted manner; (c) third parties, such as Union institutions, bodies, offices and agencies, to access the system in a restricted manner where and insofar as they require access to information regarding the security features and falsification of documents; (d) third parties, such as third countries or international organisations that do not require detailed information regarding the security features and falsification of documents to access the system in a restricted manner but shall not grant them access to any personal data that are not subject to the voluntary agreement of the individual concerned; (e) third parties, such as airlines, that do not require detailed information regarding the security features and falsification of documents to access the system in a restricted manner but shall not grant them access to any personal data; (f) the public to access the system in a restricted manner for specimen documents but shall not grant it access to personal data that are not subject to the consent of the individual concerned; the public shall only be provided with access to public information on security features.
Amendment 63 #
Proposal for a regulation Article 80 b (new) Article 80 b FADO architecture FADO architecture shall enable different levels of access to the system for competent authorities of the Member States such as border police, other law enforcement authorities, or other third parties in accordance with Article (X), as well as public access.
Amendment 64 #
Proposal for a regulation Article 80 b (new) Article 80 b Entry into force and implementation This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from ... [two years after the entry into force of this Regulation].
Amendment 65 #
Proposal for a regulation Article 80 c (new) Article 80 c Responsibilities of the Agency 1. The Agency shall be responsible for establishing FADO in accordance with this Regulation. The Agency shall ensure the functioning of FADO 24 hours a day, 7 days a week and provide for its maintenance and updating. 2. The Agency shall provide the Member States’ competent authorities with near real-time assistance in the detection and identification of falsified documents. 3. The Agency shall be responsible for uploading the information received from the Member States in a timely and efficient manner in order to guarantee the uniformity and quality of the data while ensuring the respect for the principle of data minimisation provided for in point (c) of Article 4(1) of Regulation (EU) 2018/1725. 4. The Agency shall be responsible for uploading information on documents from third countries, territorial entities, international organisations and other entities subject to international law, and information on falsifications thereof .
Amendment 66 #
Proposal for a regulation Article 80 c (new) Amendment 67 #
Proposal for a regulation Article 80 c (new) Article 80 c Implementing measures The Commission shall adopt, taking into account the sensitivity of the documents concerned, implementing acts in in order to establish: (a) the technical specifications for entering information into, and storing it in, FADO according to high standards; (b) the procedures for controlling and verifying the information contained in FADO; (c) measures granting different levels of restricted access to FADO to third parties such as airlines, Union institutions, bodies, offices and agencies, third countries or international organisations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article X(X).
Amendment 68 #
Proposal for a regulation Article 80 d (new) Article 80 d FADO architecture and access to the system The FADO architecture shall enable: (a) document experts of the Member States’ authorities competent in the area of document fraud, such as border police and other law enforcement authorities, to access the system in an unrestricted manner; (b) Member States’ authorities and third parties, such as Union institutions, bodies, offices and agencies, to access the system in a restricted manner where they require access to limited information regarding the security features and falsification of documents; (c) third parties, such as airlines, third countries or international organisations that do not require detailed information regarding the security features and falsification of documents to access the system in a restricted manner, but shall not grant them access to any personal data that are not subject to the consent of the individual concerned; (d) the public to access the system in a restricted manner for specimen documents but shall not grant it access to personal data that are not subject to the consent of the individual concerned; the public shall only be provided with access to public information on security features.
Amendment 69 #
Proposal for a regulation Article 80 d (new) Article 80 d Repeal and transitional provisions 1. Joint Action 98/700/JHA is repealed with effect from the date of the effective implementation of the system by the European Border and Coast Guard Agency, to be determined by means of an implementing act adopted in accordance with the examination procedure referred to in Article 80i(2). 2. The General Secretariat of the Council shall transmit the current FADO data on genuine and false documents into the system.
Amendment 70 #
Proposal for a regulation Article 80 d (new) Article 80 d Committee procedure 1. The Commission shall be assisted by the committee established by Council Regulation (EC) 1683/951a. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. _________________ 1aCouncil Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995).
Amendment 71 #
Proposal for a regulation Article 80 e (new) Article 80 e Processing of personal data by the Agency The Agency shall apply Regulation (EU) 2018/1725 when processing personal data. In accordance with Article 80b, the Agency shall upload personal data, in the form of facial images, only to the extent that those images are strictly necessary to describe or illustrate the security feature or the method of falsification.
Amendment 72 #
Proposal for a regulation Article 80 f (new) Article 80 f Delegated and implementing acts 1. The Commission shall adopt delegated acts in accordance with Article 80g acts concerning: (a) the establishment of measures granting access to FADO to Member States’ authorities competent in the area of document fraud; (b) the establishment of measures granting restricted access to FADO to third parties such as airlines, Union institutions, bodies, offices and agencies, third countries or international organisations. 2. The Commission shall adopt implementing acts in accordance with Article X concerning the establishment of: (a) the technical specifications for entering and storing information into the system; (b) the procedures for controlling and verifying the information contained in the system; (c) the determination of the date of the effective implementation of FADO by the Agency. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article X.
Amendment 73 #
Proposal for a regulation Article 80 g (new) Article 80 g Exercise of delegation 1. The power to adopt delegated acts is conferred on to the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 80f(1) shall be conferred on the Commission for an indeterminate period of time from … [date of entry into force of this Regulation]. 3. The delegation of power referred to in Article 80f(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 80f(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
source: 642.889
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History
(these mark the time of scraping, not the official date of the change)
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2019-07-31Show (2) Changes | Timetravel
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2019-07-14Show (2) Changes | Timetravel
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2019-07-06Show (5) Changes
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