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DRAFT 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-PA-597583

Committee on Budgets · Rapporteur: Gérard Deprez

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The Committee on Budgets draft opinion welcomes the Commission's recast Eurodac Regulation but proposes changes to its scope, data and interoperability. It asks to reduce data collection for short overstays, add resettlement and removal information, connect Eurodac with other EU systems, and make the fingerprinting best practices binding. The rapporteur proposes 13 amendments to the proposal, covering new recitals and articles on biometric harmonisation, removal measures, a 15-day overstay derogation, resettlement data, interoperability with the Entry/Exit System, forced fingerprinting safeguards and an annex on best practices.

Committee position. The Committee on Budgets welcomes the Commission's proposal but proposes 13 amendments to reduce the scope for short overstays, add resettlement and removal information, improve interoperability with other EU systems, and make fingerprinting best practices binding.

Key points

  1. The rapporteur welcomes the Commission's proposal to adapt Eurodac and extend its scope for wider migration purposes, while stressing full respect for data protection and fundamental rights.
  2. The rapporteur proposes to reduce the scope so that Member States may allow a maximum of 15 days of overstay before entering data on legally entering third-country nationals into Eurodac.
  3. The rapporteur considers that information on third-country nationals in an ongoing resettlement procedure should be added to Eurodac, including the five-year exclusion from resettlement.
  4. The rapporteur proposes to indicate removal measures (voluntary, forced, etc.) in Eurodac instead of the asylum request number, to improve cooperation between Member States on return decisions.
  5. The rapporteur asks eu-LISA to study whether biometric identifier combinations across EU justice and home affairs databases should be harmonised, and whether Eurodac should use four fingerprints and a facial image like the Entry/Exit System.
  6. The rapporteur calls on the Commission to assess the budgetary impact of reducing the number of data to be stored and collected.
  7. The rapporteur considers that Eurodac must be made interoperable with the Schengen Information System and the Entry/Exit System, so that data of third-country nationals who overstay by more than 15 days is automatically transferred to Eurodac.
  8. The rapporteur calls on the Commission and eu-LISA to anticipate the future addition of facial recognition and interoperability with other databases in administrative and technological terms within the present recast.
  9. The rapporteur supports an EU procedure for forced fingerprinting and proposes to annex the Commission staff working document on implementation of the Eurodac Regulation, making respect for it obligatory for Member States.
  10. The rapporteur notes that the cost of the proposal is estimated at EUR 29.872 million over four years, covering technical upgrade, increased storage and throughput, and two posts at eu-LISA.
  11. The rapporteur notes that the financial statement is indicative and does not bind the budgetary authority, which determines appropriations in the annual budgetary procedure.
  12. The Committee on Budgets calls on the Committee on Civil Liberties, Justice and Home Affairs to take into account 13 amendments, including new recitals and articles on biometric harmonisation, removal measures, overstay derogation, resettlement data, interoperability and forced fingerprinting safeguards.

Who is affected

  • Member States, which would have to apply the 15-day overstay derogation, collect resettlement data and respect the annexed fingerprinting best practices.
  • Third-country nationals and stateless persons, whose data would be collected in Eurodac, including those in resettlement procedures and those who overstay.
  • eu-LISA, which would conduct a study on biometric harmonisation and establish a secure communication channel between the Entry/Exit System and Eurodac.
  • The Commission, which is asked to assess the budgetary impact of reducing the number of data stored and collected.
  • The Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, which is asked to take into account the amendments.

Figures and deadlines

  • 15 days of overstay allowed before including information in Eurodac
  • 5 years exclusion from resettlement for persons refused by a Member State
  • EUR 29.872 million estimated cost of the proposal, spread over four years
  • 15 days after the end of authorised stays for Member States to fulfil obligations
  • 15 days overstay before automatic transfer from EES to Eurodac
  • 72 hours of identification to add data to the central system for resettlement
  • six years of age for taking fingerprints and facial image