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REPORT (COM(2016)0272 – C80179/2016 – 2016/0132(COD))

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)

A-8-2017-0212 · A8-0212/2017

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Monica Macovei

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Parliament's amended version of the Commission proposal for a recast Eurodac regulation. It extends Eurodac to resettled third-country nationals and stateless persons, allows law enforcement and Europol access including searches on alphanumeric data, and sets a five-year storage period. It requires Member States to take biometric data of persons from the age of six, lays down special safeguards for minors, and bans coercion of minors. It requires eu-LISA to manage DubliNet and to connect Eurodac with the Entry/Exit System. It prohibits transfers of Eurodac data to third countries, except in individual return cases under strict conditions, and requires a study on facial recognition software for minors by 2020.

Committee position. The Committee on Civil Liberties, Justice and Home Affairs adopts Parliament's first-reading position with amendments to the Commission proposal. It extends Eurodac to resettled persons, allows alphanumeric searches by law enforcement and Europol, strengthens data protection and minors' safeguards, and gives eu-LISA new tasks.

Key points

  1. Eurodac's purposes are extended to assist with identifying secondary movements of resettled third-country nationals or stateless persons and of illegally staying persons, including for return or permanent resident status.
  2. Member States must take biometric data of persons referred to in Articles 10(1), 13(1) and 14(1), respect their dignity and physical integrity, and may introduce administrative sanctions for non-compliance after offering counselling.
  3. Special rules for minors: biometric data from age six taken by trained officials in a child-friendly manner, with information given orally and in writing; coercion and detention of minors are prohibited.
  4. A new chapter requires Member States to take fingerprints and a facial image of every resettled third-country national or stateless person of at least six years upon arrival and transmit them to the Central System.
  5. Data recorded for resettled persons include fingerprint data, facial image, names, nationality, place and date of birth, Member State of resettlement, sex, identity or travel document details and reference number.
  6. Member States may derogate from registering illegally staying third-country nationals who entered legally and overstayed by no more than 15 days.
  7. Law enforcement authorities and Europol may request comparisons of biometric or alphanumeric data with Eurodac, subject to prior checks in national and other Member States' fingerprint databases.
  8. Europol gets its own access point and an operating unit for child trafficking, child labour or sexual exploitation, and must keep records of searches available to data protection supervisors.
  9. The European Border and Coast Guard Agency and the European Union Agency for Asylum get their own technical interfaces to connect directly to the Central System.
  10. Storage periods are set at five years for applicants for international protection, resettled persons, and illegally staying or apprehended persons, limited to the duration of the measure where applicable.
  11. Transfers of Eurodac data to third countries are prohibited, except in individual return cases under strict conditions, and never where there is a risk of torture or inhuman treatment.
  12. eu-LISA must manage the DubliNet communication network and establish a secure channel between the Entry/Exit System and Eurodac, and by 2020 study facial recognition software for minors.

Who is affected

  • Applicants for international protection, resettled third-country nationals and stateless persons, and illegally staying or apprehended persons, whose biometric data are registered.
  • Minors from the age of six, who get special safeguards and cannot be coerced or detained.
  • Member States' law enforcement authorities and Europol, which may request comparisons with Eurodac data.
  • The European Border and Coast Guard Agency and the European Union Agency for Asylum, which get access and their own interfaces.
  • eu-LISA, which manages DubliNet, connects Eurodac with the Entry/Exit System and conducts a facial recognition study.

Figures and deadlines

  • 15 days: maximum overstay allowed before registering illegally staying third-country nationals who entered legally.
  • 48 hours: deadline to retake and resend fingerprints where the first set was of insufficient quality.
  • 72 hours: deadline for the Central System to inform Member States of erasure or marking of data.
  • Five years: storage period for data of applicants for international protection, resettled persons, and illegally staying or apprehended persons.
  • Six years: minimum age for taking biometric data.
  • 2020: deadline for eu-LISA's study on facial recognition software for minors.

Legal basis: Article 78(2)(d) and (e), Article 79(2)(c), Article 87(2)(a) and Article 88(2)(a) of the Treaty on the Functioning of the European Union.