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OPINION (COM(2016)0272 – C8-0179/2016 – 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)

BUDG-AD-597583

Committee on Budgets · Rapporteur: Gérard Deprez

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The Committee on Budgets gives its opinion on the proposed recast Eurodac Regulation, which adapts the fingerprint database and widens its scope for migration purposes. The rapporteur welcomes the proposal but proposes to reduce the scope, add resettlement data, record removal measures instead of asylum application numbers, and improve interoperability with other EU databases. The opinion supports an EU procedure for forced fingerprinting and notes the proposal's estimated cost of EUR 29.872 million over four years. The committee calls on the lead committee to take into account 18 amendments covering recitals, articles and a new annex.

Committee position. The Committee on Budgets welcomes the Commission's proposal but proposes to reduce the scope, add resettlement data, record removal measures, improve interoperability, support forced fingerprinting, and calls on the lead committee to take into account 18 amendments.

Key points

  1. The rapporteur proposes a derogation so that Member States may allow a maximum of 15 days of overstay before entering data on legally entering third-country nationals in Eurodac.
  2. The rapporteur considers that information on third-country nationals in an ongoing resettlement procedure should be added to Eurodac, with fingerprints taken from the date of resettlement.
  3. The rapporteur proposes that Eurodac indicate removal measures (voluntary, forced, etc.) rather than the asylum request number, to improve cooperation between Member States.
  4. The rapporteur thinks eu-LISA should study whether to harmonise biometric identifiers across EU Justice and Home Affairs databases, and calls on the Commission to assess the budgetary impact.
  5. The rapporteur is of the opinion that Eurodac must as soon as possible be made interoperable with the Schengen Information Systems and the new Entry/Exit System.
  6. The rapporteur calls on the Commission and eu-LISA to anticipate the future addition of facial recognition and interoperability with other databases within the present recast exercise.
  7. The rapporteur supports an EU procedure for forced fingerprinting and proposes adding an annex of best practices from the Commission staff working document, with an obligation for Member States to respect it.
  8. The rapporteur notes the cost of the proposal is estimated at EUR 29.872 million over four years, and that the financial statement is purely indicative and does not bind the budgetary authority.
  9. Amendment 4 adds to Recital 14 that interoperability should respect the balance between personal freedoms and collective security.
  10. Amendment 6 adds to Recital 18 that Europol should have access to Eurodac in a manner which is proportionate and respects the balance between personal freedoms and collective security.
  11. Amendment 10 changes Article 2(3) so that Member States shall introduce administrative sanctions for non-compliance with the fingerprinting process, with detention only as a means of last resort.
  12. Amendment 16 adds to Article 41(1) that the costs of the Central System and Communication Infrastructure shall be borne by the general budget of the European Union in accordance with the principles of sound financial management.

Who is affected

  • Member States, which would have to apply the derogation, record removal measures and follow the best practices annex.
  • Third-country nationals and stateless persons, whose data would be collected and stored in Eurodac.
  • eu-LISA, which would carry out a study and establish a secure communication channel between the EES and Eurodac Central Systems.
  • Europol, which would have access to Eurodac under strict conditions.

Figures and deadlines

  • 15 days of overstay before including information in Eurodac
  • 5 years exclusion from resettlement for persons refused by a Member State
  • EUR 29.872 million estimated cost over four years
  • 15 days after the end of authorised periods of stay for Member States' obligations
  • 5 years storage of fingerprint and facial data
  • 72 hours of identification to record data in the Central System
  • at least six years of age for fingerprinting and facial image capture