European Parliament 2014-2019 Committee on Civil Liberties, Justice and Home Affairs 2016/0132(COD) 3.3.2017 AMDMTS 272-455 Draft report Monica Macovei (PE597.620v02-00) Establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013, 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) (COM(2016)0272 C8-0179/2016 2016/0132(COD)) AM\1119742.docx PE601.041v02-00 United in diversity
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272 Gérard Deprez, Louis Michel, Petr Ježek, Hilde Vautmans Chapter 2 a (new) CHAPTER IIa: THIRD-COUNTRY NATIONALS OR STATELESS PERSONS FOR WHOM A MEMBER STATE INTDS TO CONDUCT A RESETTLEMT PROCEDURE Article 12a: Collection and transmission of fingerprints and facial image data 1. Each Member States shall promptly take the fingerprints of all fingers and record a facial image of every thirdcountry national or stateless person of at least six years of age for whom it intends to conduct a resettlement procedure and shall, as soon as possible following the registration of that person as defined in Article 10(2) of Regulation XXX/XXX, transmit them, together with the other data referred to in Article 10 of that Regulation, to the Central System. Non-compliance with the time-scale for the taking of all the fingerprints and the recording of the facial image shall not relieve Member States of the obligation to take and transmit the fingerprints to the Central System. Where the condition of the fingertips does not allow 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. 2. By way of derogation from paragraph 1, where it is not possible to take the fingerprints, facial image or both of a third-country national or stateless person for whom a Member State intends to AM\1119742.docx 3/113 PE601.041v02-00
conduct a resettlement procedure 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. 3. The fingerprints, facial images and other data referred to in Article 10(2) of Regulation XXX/XXX may also be taken and transmitted by experts from the European Asylum Agency (EUAA) when performing tasks pursuant to the EUAA Regulation. Article 12b 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 origin, 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; Or. fr PE601.041v02-00 4/113 AM\1119742.docx
Recast: la création de ce nouveau chapitre se justifie par la proposition d inclure dans Eurodac les ressortissants de pays tiers et les apatrides pour lesquels un Etat membre entend exécuter une procédure de réinstallation conformément au règlement XXX/XXX. L'article 10 dudit règlement prévoit que les États membres enregistrent les données des personnes qu ils entendent réinstaller et les stockent ensuite. Il n est pas précisé dans quelle base de données celles-ci sont enregistrées. Il est donc proposé de les enregistrer directement dans Eurodac afin qu elles puissent bénéficier des garanties offertes par le présent règlement et qu elles soient soumises au même régime que les données des autres bénéficiaires de protection internationale. Cet enregistrement permettra aussi de pouvoir déterminer l État membre de réinstallation et ce, afin de contrôler les mouvements secondaires comme cela est avancé par la Commission dans sa proposition. 273 Malin Björk, Barbara Spinelli, Marina Albiol Guzmán Chapter 3 title THIRD-COUNTRY NATIONALS OR STATELESS PERSONS APPREHDED IN CONNECTION WITH THE IRREGULAR CROSSING OF AN EXTERNAL BORDER deleted In many cases, asylum seekers who enter the EU in an irregular manner are first fingerprinted as irregular border crossers. When they formally lodge a claim for international protection, they are fingerprinted again as applicants for international protection. Double fingerprinting could lead to an excessive interference into the right to respect for private life enshrined in Article 7 of the Charter and Article 8 of the European Convention on Human Rights (ECHR). It could also create situations of tensions leading to the use of coercive measures to enforce fingerprinting. Moreover, the EU legislator should carefully assess the necessity and proportionality of centrally storing the name, surname, nationality, date and place of birth, as well as information on the travel document of an applicant for international protection for a period as long as 10 years. To reduce risk of abuse, the EU legislator should consider blocking the personal data of international protection applicants listed in Article 13 (2) (c)-(e) and (h) of the proposal until the international protection claim is rejected in the final instance that these are not automatically visible in case of a Eurodac match. Where such data are needed to achieve the objectives laid AM\1119742.docx 5/113 PE601.041v02-00
down in Article 1 (1) (a) and (c) of the proposed recast Eurodac Regulation, it should be exchanged bilaterally between Member States as it is currently the case under Regulation (EU) No. 603/2013. 274 Malin Björk, Barbara Spinelli, Marina Albiol Guzmán Article 13 [...] deleted In many cases, asylum seekers who enter the EU in an irregular manner are first fingerprinted as irregular border crossers. When they formally lodge a claim for international protection, they are fingerprinted again as applicants for international protection. Double fingerprinting could lead to an excessive interference into the right to respect for private life enshrined in Article 7 of the Charter and Article 8 of the European Convention on Human Rights (ECHR). It could also create situations of tensions leading to the use of coercive measures to enforce fingerprinting. Moreover, the EU legislator should carefully assess the necessity and proportionality of centrally storing the name, surname, nationality, date and place of birth, as well as information on the travel document of an applicant for international protection for a period as long as 10 years. To reduce risk of abuse, the EU legislator should consider blocking the personal data of international protection applicants listed in Article 13 (2) (c)-(e) and (h) of the proposal until the international protection claim is rejected in the final instance that these are not automatically visible in case of a Eurodac match. Where such data are needed to achieve the objectives laid down in Article 1 (1) (a) and (c) of the proposed recast Eurodac Regulation, it should be exchanged bilaterally between Member States as it is currently the case under Regulation (EU) No. 603/2013. 275 Sylvia-Yvonne Kaufmann, Josef Weidenholzer, Vilija Blinkevičiūtė, Péter Niedermüller, Kati Piri, Maria Grapini, Juan Fernando López Aguilar Article 13 paragraph 1 PE601.041v02-00 6/113 AM\1119742.docx
1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every thirdcountry 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. 1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every thirdcountry 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). This amendment is directly linked to the change of age from 14 years to 6 years proposed by the Commission in this Article. 276 Article 13 paragraph 1 1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every thirdcountry 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 1. Each Member State shall promptly take the fingerprints of all fingers of every third-country national or stateless person of at least 18 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 AM\1119742.docx 7/113 PE601.041v02-00
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. 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. This is linked to the introduction of a new paragraph 1Anew to this Article, aimed at better protecting child victims of trafficking and supporting the identification and protection of children who go missing. 277 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. This amendment is needed to maintain the logic of the text as it should serve to protect child victims of trafficking and support the identification and protection of unaccompanied children who go missing, disappear or abscond, as the European Commission highlighted in its explanatory memorandum accompanying the proposed recast Eurodac Regulation. In order to comply with Article 7, Article 8 and Article 24 of the Charter, the processing of children's PE601.041v02-00 8/113 AM\1119742.docx
biometric data as young as six years of age can only be justified if it expressly pursues a child protection objective. 278 Article 13 paragraph 2 point b (b) a facial image; (b) a facial image where the data subject is a minor; 279 Article 13 paragraph 2 point c (c) surname(s) and forename(s), name(s) at birth and previously used names and any aliases, which may be entered separately; (c) surname(s) and forename(s), name(s) at birth and previously used names; 280 Article 13 paragraph 2 point d AM\1119742.docx 9/113 PE601.041v02-00
(d) nationality(ies); deleted 281 Sylvia-Yvonne Kaufmann, Josef Weidenholzer, Vilija Blinkevičiūtė, Péter Niedermüller, Kati Piri, Maria Grapini, Juan Fernando López Aguilar, Caterina Chinnici Article 13 paragraph 2 point d (d) nationality(ies); (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; 282 Article 13 paragraph 2 point e (e) place and date of birth deleted 283 Sylvia-Yvonne Kaufmann, Josef Weidenholzer, Vilija Blinkevičiūtė, Péter Niedermüller, Kati Piri, Maria Grapini, Juan Fernando López Aguilar, Caterina Chinnici Article 13 paragraph 2 point g a (new) PE601.041v02-00 10/113 AM\1119742.docx
(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; As the European Commission highlighted in its explanatory memorandum accompanying the proposed Eurodac recast, the lowering of the minimum age from 14 years to 6 years in Article 10(1) et al. should serve in order to protect child victims of trafficking and support the identification and protection of unaccompanied children. In order to comply with Article 7, 8 and 24 of the EU Charter of Fundamental Rights the processing of children s' biometric data could be only justified by a child protection purpose. Therefore this amendment is directly linked to the changes which the Commission proposed. 284 Article 13 paragraph 2 point h (h) type and number of identity or travel document; three letter code of the issuing country and validity; deleted 285 Gérard Deprez, Louis Michel, Petr Ježek, Hilde Vautmans Article 13 paragraph 2 point i a (new) AM\1119742.docx 11/113 PE601.041v02-00
(ia) return decision taken, or removal order issued, by the Member State of origin; Recast: 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. Or. fr 286 Article 13 paragraph 2 point m (m) where applicable in accordance with paragraph 6, the date when the person concerned left or was removed from the territory of the Member States. deleted This should be recorded in SIS. Any data remaining in Eurodac after the person left or was returned should be erased. 287 Article 13 paragraph 5 subparagraph 1 By way of derogation from paragraph 1, where it is not possible to take the By way of derogation from paragraph 1, where it is not possible to take the PE601.041v02-00 12/113 AM\1119742.docx
fingerprints and facial image of the apprehended person on account of measures taken to ensure his or her health or the protection of public health, the Member State concerned shall take and send such fingerprints and facial image as soon as possible and no later than 48 hours after those health grounds no longer prevail. fingerprints, facial image or both of the apprehended person on account of measures taken to ensure his or her health or the protection of public health, the Member State concerned 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. 288 Article 13 paragraph 6 6. As soon as the Member State of origin ensures that the person concerned whose data was recorded in Eurodac in accordance with paragraph (1) has left the territory of the Member States in compliance with a return decision or removal order, it shall update its data set recorded in conformity with paragraph (2) relating to the person concerned by adding the date of his or her removal or when he or she left the territory. 6. As soon as the responsible Member State ensures that the person concerned whose data was recorded in Eurodac in accordance with paragraph (1) has been granted a residence permit or has left the territory of the Member States in compliance with a return decision or removal order, it shall erase its data set recorded in conformity with paragraph (2) relating to the person concerned. 289 Article 13 paragraph 7 AM\1119742.docx 13/113 PE601.041v02-00
7. Fingerprint 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]. 7. Fingerprint data shall be taken and transmitted by Member State asylum experts who have received specific training on fundamental rights, the right to asylum and on how to address the special needs of vulnerable migrants, including children. 290 Sylvia-Yvonne Kaufmann, Josef Weidenholzer, Vilija Blinkevičiūtė, Péter Niedermüller, Kati Piri, Maria Grapini, Juan Fernando López Aguilar Article 13 paragraph 7 7. Fingerprint 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]. 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]. 291 Chapter 4 title PE601.041v02-00 14/113 AM\1119742.docx
THIRD-COUNTRY NATIONALS OR STATELESS PERSONS FOUND ILLEGALLY STAYING IN A MEMBER STATE deleted This amendment is admissible as inextricably linked to the admissible amendments deleting Article 14(1), Article 14(2), Article 14(4), Article 14(5) and Article 14(6) 292 Malin Björk, Barbara Spinelli, Marina Albiol Guzmán Chapter 4 title THIRD-COUNTRY NATIONALS OR STATELESS PERSONS FOUND ILLEGALLY STAYING IN A MEMBER STATE THIRD-COUNTRY NATIONALS OR STATELESS PERSONS FOUND IRREGULARLY STAYING IN A MEMBER STATE Related to on definition in Article 3 paragraph 1 point d. This amendment applies throughout the text. 293 Article 14 [...] deleted AM\1119742.docx 15/113 PE601.041v02-00
This amendment is admissible as inextricably linked to the admissible amendments deleting Article 14(1), Article 14(2), Article 14(4), Article 14(5) and Article 14(6) 294 Sylvia-Yvonne Kaufmann, Josef Weidenholzer, Vilija Blinkevičiūtė, Péter Niedermüller, Kati Piri, Maria Grapini, Juan Fernando López Aguilar Article 14 paragraph 1 1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every thirdcountry national or stateless person of at least six years of age who is found illegally staying within its territory. 1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every thirdcountry 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). This amendment is directly linked to the change of age from 14 years to 6 years proposed by the Commission in this Article. 295 Malin Björk, Barbara Spinelli, Marina Albiol Guzmán 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 PE601.041v02-00 16/113 AM\1119742.docx
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. aiming to restore paragraph 1 of the text of Article 14 in force. 296 Malin Björk, Barbara Spinelli, Marina Albiol Guzmán Article 14 paragraph 2 point b (b) a facial image; deleted 297 Sylvia-Yvonne Kaufmann, Josef Weidenholzer, Vilija Blinkevičiūtė, Péter Niedermüller, Kati Piri, Maria Grapini, Juan Fernando López Aguilar, Caterina Chinnici Article 14 paragraph 2 point d (d) nationality(ies); (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; AM\1119742.docx 17/113 PE601.041v02-00
298 Sylvia-Yvonne Kaufmann, Josef Weidenholzer, Vilija Blinkevičiūtė, Péter Niedermüller, Kati Piri, Maria Grapini, Juan Fernando López Aguilar, Caterina Chinnici 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. As the European Commission highlighted in its explanatory memorandum accompanying the proposed Eurodac recast, the lowering of the minimum age from 14 years to 6 years in Article 10(1) et al. should serve in order to protect child victims of trafficking and support the identification and protection of unaccompanied children. In order to comply with Article 7, 8 and 24 of the EU Charter of Fundamental Rights the processing of children s' biometric data could be only justified by a child protection purpose. Therefore this amendment is directly linked to the changes which the Commission proposed. 299 Gérard Deprez, Louis Michel, Petr Ježek, Hilde Vautmans Article 14 paragraph 2 point i a (new) (ia) return decision taken, or removal order issued, by the Member State of origin; 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. Or. fr PE601.041v02-00 18/113 AM\1119742.docx
300 Gérard Deprez, Louis Michel, Petr Ježek, Hilde Vautmans 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. Les données de ressortissant de pays tiers en séjour irrégulier seront enregistrées pour une période de 5 ans dans Eurodac. C'est pourquoi, les personnes qui sont entrée légalement sur le territoire de l'ue et qui font l'objet d'un dépassement très court de la durée de séjour autorisée et pour lesquels soit un retour volontaire est imminent soit une procédure de régularisation est cours et qu'ils ne présentent aucun risque de fuite, les Etats membres devrait disposer d'une marge d'appréciation et leur octroyer un délai raisonnable pour quitter le territoire ou se régulariser avant d'enregistrer leur données pour une si longue durée. Il convient donc que pour les personnes entré illégalement sur le territoire d'un Etat membre, ces données soient directement enregistrées dans Eurodac mais que pour celles entré légalement un délai raisonnable de 15 jours leur soit laissé. Or. fr 301 Sylvia-Yvonne Kaufmann, Josef Weidenholzer, Vilija Blinkevičiūtė, Péter Niedermüller, Juan Fernando López Aguilar, Caterina Chinnici 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 thirdcountry nationals who entered AM\1119742.docx 19/113 PE601.041v02-00
by irregularly crossing the external border of the Schengen area and have overstayed the legal period of residence by no more than 15 days. This amendment is directly linked to the Article 14 in the Commission proposal. The extension of the scope in order to include "third-country nationals or stateless persons found illegally staying in a Member State" must be accompanied by safeguards if a person has entered legally the EU and overstays his visit for some days due to reasons that could be unintentional. 302 Jeroen Lenaers Article 14 paragraph 3 3. The fingerprint data of a thirdcountry national or a stateless person as referred to in paragraph 1 shall be transmitted to the Central System and compared with the fingerprint data of persons fingerprinted for the purposes of Article 10(1), 13(1) and 14(1) transmitted by other Member States and already recorded in the Central System. 3. The fingerprint and facial image data of a third-country national or a stateless person as referred to in paragraph 1 shall be transmitted to the Central System and compared with the fingerprint and facial image data of persons for the purposes of Article 10(1), 13(1) and 14(1) transmitted by other Member States and already recorded in the Central System. Correction of the commission's proposal that doesn't insert in all the required places both 'fingerprints' and 'facial image', which is in line with the obligation as mentioned in article 2. 303 Jeroen Lenaers Article 14 paragraph 4 PE601.041v02-00 20/113 AM\1119742.docx
4. Non-compliance with the 72-hour time-limit referred to in paragraph 3 of this Article shall not relieve Member States of the obligation to take and transmit the fingerprints to the Central System. Where the condition of the fingertips does not allow the taking of fingerprints of a quality ensuring appropriate comparison under Article 26, the Member State of origin shall retake the fingerprints of persons apprehended as described in paragraph 1 of this Article, and resend them as soon as possible and no later than 48 hours after they have been successfully retaken. 4. Non-compliance with the 72-hour time-limit referred to in paragraph 2 of this Article shall not relieve Member States of the obligation to take and transmit the fingerprints and facial image data to the Central System. Where the condition of the fingertips does not allow the taking of fingerprints of a quality ensuring appropriate comparison under Article 26, the Member State of origin shall retake the fingerprints of persons apprehended as described in paragraph 1 of this Article, and resend them as soon as possible and no later than 48 hours after they have been successfully retaken. Correction of the commission's proposal that doesn't insert in all the required places both 'fingerprints' and 'facial image', which is in line with the obligation as mentioned in article 2. 304 Gérard Deprez, Louis Michel, Petr Ježek Chapter 5 title PROCEDURE FOR COMPARISON OF DATA FOR APPLICANTS FOR INTERNATIONAL PROTECTION AND THIRD-COUNTRY NATIONALS APPREHDED CROSSING THE BORDER IRREGULARLY OR ILLEGALLY STAYING IN THE TERRITORY OF A MEMBER STATE PROCEDURE FOR COMPARISON OF DATA FOR APPLICANTS FOR INTERNATIONAL PROTECTION, THIRD-COUNTRY NATIONALS AND STATELESS PERSONS FOR WHOM A MEMBER STATE INTDS TO CONDUCT A RESETTLEMT PROCEDURE AND THIRD-COUNTRY NATIONALS APPREHDED CROSSING THE BORDER IRREGULARLY OR ILLEGALLY AM\1119742.docx 21/113 PE601.041v02-00
STAYING IN THE TERRITORY OF A MEMBER STATE Recast : This amendment ties in to the proposal to add a new category (in Chapter IIa (new)) and seeks to ensure consistency in the text in this regard. Or. fr 305 Chapter 5 title PROCEDURE FOR COMPARISON OF DATA FOR APPLICANTS FOR INTERNATIONAL PROTECTION AND THIRD-COUNTRY NATIONALS APPREHDED CROSSING THE BORDER IRREGULARLY OR ILLEGALLY STAYING IN THE TERRITORY OF A MEMBER STATE PROCEDURE FOR COMPARISON OF DATA FOR APPLICANTS FOR INTERNATIONAL PROTECTION AND THIRD-COUNTRY NATIONALS APPREHDED CROSSING THE BORDER IRREGULARLY This amendment is admissible as inextricably linked to the admissible amendments deleting Article 14(1), Article 14(2), Article 14(4), Article 14(5) and Article 14(6) 306 Jeroen Lenaers Chapter 5 title PROCEDURE FOR COMPARISON OF DATA FOR APPLICANTS FOR PROCEDURE FOR COMPARISON OF DATA FOR APPLICANTS FOR PE601.041v02-00 22/113 AM\1119742.docx
INTERNATIONAL PROTECTION AND THIRD-COUNTRY NATIONALS APPREHDED CROSSING THE BORDER IRREGULARLY OR ILLEGALLY STAYING IN THE TERRITORY OF A MEMBER STATE INTERNATIONAL PROTECTION AND THIRD-COUNTRY NATIONALS AND STATELESS PERSONS APPREHDED CROSSING THE BORDER IRREGULARLY OR ILLEGALLY STAYING IN THE TERRITORY OF A MEMBER STATE Correction of the commission' proposal that doesn't insert in all the required places the wording 'and stateless persons', which is in line with the purpose of Eurodac as mentioned in article 1(a) 307 Malin Björk, Barbara Spinelli, Marina Albiol Guzmán Chapter 5 title PROCEDURE FOR COMPARISON OF DATA FOR APPLICANTS FOR INTERNATIONAL PROTECTION AND THIRD-COUNTRY NATIONALS APPREHDED CROSSING THE BORDER IRREGULARLY OR ILLEGALLY STAYING IN THE TERRITORY OF A MEMBER STATE PROCEDURE FOR COMPARISON OF DATA FOR APPLICANTS FOR INTERNATIONAL PROTECTION AND THIRD-COUNTRY NATIONALS APPREHDED IRREGULARLY STAYING IN THE TERRITORY OF A MEMBER STATE 308 Malin Björk, Barbara Spinelli, Marina Albiol Guzmán Article 15 paragraph 1 1. Fingerprint and facial image data transmitted by any Member State, with the 1. Fingerprint data transmitted by any Member State, with the exception of those AM\1119742.docx 23/113 PE601.041v02-00
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), 13(1) and 14(1). 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), 13(1) and 14(1). 309 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 Article 10(1), 13(1) and 14(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) and Article 13(1). This amendment is admissible as inextricably linked to the admissible amendments deleting Article 14(1), Article 14(2), Article 14(4), Article 14(5) and Article 14(6). The insertion of as a last resort is necessary to ensure consistency with Article 16 of the recast proposal, based on EDPS comments. 310 Gérard Deprez, Louis Michel, Petr Ježek Article 15 paragraph 1 PE601.041v02-00 24/113 AM\1119742.docx
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 Article 10(1), 13(1) and 14(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). Or. fr Recast : This amendment ties in to the proposal to add a new category (in Chapter IIa (new)) and seeks to ensure consistency in the text in this regard. 311 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 and facial image data previously transmitted by that Member State, in addition to the fingerprint and facial image data from other Member States. 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 data, facial image data or both previously transmitted by that Member State, in addition to the fingerprint data, facial image data or both from other Member States. 312 AM\1119742.docx 25/113 PE601.041v02-00
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, 13(2) and 14(2) along with, where appropriate, the mark referred to in Article 19(1) and (4). Where a negative hit result is received, the data referred to in Article 12, 13(2) and 14(2) shall not be transmitted. 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 and Article 13(2) along with, where appropriate, the mark referred to in Article 19(1). Where a negative hit result is received, the data referred to in Article 12 and Article 13(2) shall not be transmitted. This amendment is admissible as inextricably linked to the admissible amendments deleting Article 14(1), Article 14(2), Article 14(4), Article 14(5) and Article 14(6) 313 Jeroen Lenaers 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, 13(2) and 14(2) along with, where appropriate, the mark referred to in Article 19(1) and (4). Where a negative hit result is received, the data 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, 13(2) and 14(2) along with, where appropriate, the mark referred to in Article 19(1) and (4). Where a negative result is received, the data PE601.041v02-00 26/113 AM\1119742.docx
referred to in Article 12, 13(2) and 14(2) shall not be transmitted. referred to in Article 12, 13(2) and 14(2) shall not be transmitted. 314 Gérard Deprez, Louis Michel, Petr Ježek 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, 13(2) and 14(2) along with, where appropriate, the mark referred to in Article 19(1) and (4). Where a negative hit result is received, the data referred to in Article 12, 13(2) and 14(2) shall not be transmitted. 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. Or. fr Recast: This amendment ties in to the proposal to add a new category (in Chapter IIa (new)) and seeks to ensure consistency in the text in this regard. 315 Jeroen Lenaers Article 15 paragraph 4 4. Where evidence of a hit is received by a Member State from Eurodac that can deleted AM\1119742.docx 27/113 PE601.041v02-00
assist that Member State to carry out its obligations under Article 1(1)(a), that evidence shall take precedence over any other hit received. 316 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)(a), that evidence shall take precedence over any other hit received. 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. 317 Malin Björk, Barbara Spinelli, Marina Albiol Guzmán Article 16 Article 16 Comparison of facial image data (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 deleted PE601.041v02-00 28/113 AM\1119742.docx
State may carry out a comparison of facial image data as a last resort. (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), 13(1) and 14(1) with the exception of those transmitted in accordance with Article 11(b) and (c). (3) 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 facial image data previously transmitted by that Member State, in addition to the facial image data from other Member States. (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 17(1) and (4). Where a negative hit result is received, the data referred to in Article 12, 13(2) and 14(2) shall not be transmitted. (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), that evidence shall take precedence over any other hit received. 318 AM\1119742.docx 29/113 PE601.041v02-00
Article 16 title Comparison of facial image data Comparison of facial image data of minors 319 Jeroen Lenaers Article 16 title Comparison of facial image data Comparison of facial image data only 320 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 may carry out a comparison of facial image data as a last resort. (1) Where the condition of the fingertips does not allow for the taking of fingerprints of a quality ensuring appropriate comparison under Article 26, a Member State may carry out a comparison of facial image data of minors as a last resort. PE601.041v02-00 30/113 AM\1119742.docx
321 Jeroen Lenaers 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 may carry out a comparison of facial image data as a last resort. (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 shall carry out a comparison of facial image data as a last resort. 322 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), 13(1) and 14(1) with the exception of those transmitted in accordance with Article 11(b) and (c). (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), 10(1a), 13(1) and 13(1a). 323 Gérard Deprez, Louis Michel, Petr Ježek AM\1119742.docx 31/113 PE601.041v02-00
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 Article 10(1), 13(1) and 14(1) with the exception of those transmitted in accordance with Article 11(b) and (c). (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). Or. fr Recast : This amendment ties in to the proposal to add a new category (in Chapter IIa (new)) and seeks to ensure consistency in the text in this regard. 324 Jeroen Lenaers 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 17(1) and (4). Where a negative hit result is received, the data referred to in Article 12, 13(2) and 14(2) shall not be transmitted. (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 19(1) and (4). Where a negative hit result is received, the data referred to in Article 12, 13(2) and 14(2) shall not be transmitted. PE601.041v02-00 32/113 AM\1119742.docx
325 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 17(1) and (4). Where a negative hit result is received, the data referred to in Article 12, 13(2) and 14(2) shall not be transmitted. (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(5). Where there is a hit, it shall transmit for all data sets corresponding to the hit the data referred to in Article 12 and Article 13(2) along with, where appropriate, the mark referred to in Article 19(1). Where a negative hit result is received, the data referred to in Article 12, 13(2) shall not be transmitted. 326 Jeroen Lenaers 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), that evidence shall take precedence over any other hit received. deleted AM\1119742.docx 33/113 PE601.041v02-00
327 Gérard Deprez, Louis Michel, Petr Ježek 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 Article 12, 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 Article 12, 13(2) and 14(2) shall not be transmitted. (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. Or. fr Recast: This amendment ties in to the proposal to add a new category (in Chapter IIa (new)) and seeks to ensure consistency in the text in this regard. 328 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), that evidence shall take precedence over any other hit received. (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. PE601.041v02-00 34/113 AM\1119742.docx
329 Jeroen Lenaers 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 ten years from the date on which the fingerprints were taken. 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 ten years from the date on which his or her fingerprints and facial image were taken. Correction of the commission's proposal that doesn't insert in all the required places both 'fingerprints' and 'facial image', which is in line with the obligation as mentioned in article 2. 330 Sophia in 't Veld 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 ten years from the date on which the fingerprints were taken. 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 five years from the date on which the fingerprints were first taken. AM\1119742.docx 35/113 PE601.041v02-00
In accordance with rule 104 of the rules of procedure, this amendment is necessary because it is inextricably linked to other admissible amendments related to the purposes of Eurodac (Article 1), introducing references to compliance with the principles of necessity and proportionality under Article 52 (1) of the Charter and the relevant CJEU case law. 331 Christine Revault D'Allonnes Bonnefoy, Sylvie Guillaume 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 ten years from the date on which the fingerprints were taken. 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 five years from the date on which the fingerprints were taken. The retention period of 10 years is not justified and excessive when considering its impact on the private life (cf article 8 of the European Convention on Human Rights and article 7 of the Charter of Fundamental Rights in the EU regarding the right for private life). I propose a retention period of 5 years - it corresponds to the retention period proposed today by the Commission for those entering the EU irregularly. There is no sense to have 5 years more for those who are lawfully on the territory 332 Gérard Deprez, Louis Michel, Petr Ježek 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 PE601.041v02-00 36/113 AM\1119742.docx