On the proposal for a Regulation of the European Parliament and of the Council on the establishment of 'Eurodac' for the comparison of biometric data for the effective application of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] and of Regulation (EU) XXX/XXX [Resettlement Regulation], 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 and amending Regulations (EU) 2018/1240 and (EU) 2019/818

AM_Com_LegReport

Amendment 1

Jorge Buxadé Villalba

Proposal for a regulation

Citation 1

Text proposed by the Commission

Amendment

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 78(2)(d), (e) and (g), 79(2)(c), 87(2)(c) and 88(2)(a) thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 78(2)(d), (e) and (g), 79(2)(c), 87(2) (a) and (c) and 88(2)(a) thereof,

Or. en

Justification

Legal basis concerning the elements related to the collection, storage, processing, analysis and exchange of relevant information for law enforcement purposes (provisional agreement-yellow part)

Amendment 2

Jorge Buxadé Villalba

Proposal for a regulation

Preamble – Point 2 – Recital 5b a (new)

Text proposed by the Commission

Amendment

(5b a) For the purpose of performing the tasks laid down in Regulation (EU) 2019/1896 of the European Parliament and of the Council1a, it is also necessary that European Border and Coast Guard standing corps have access to Eurodac in order to search data through its own technical interface, which should be developed and maintained by eu-LISA in cooperation with European Border and Coast Guard Agency. Operational experience gained in past deployments of staff from the European Border and Coast Guard Agency demonstrates the difficulties that members of the teams have had, from a legal, technical and practical point of view, in using national IT systems or interfaces in order to access Eurodac. In order to maximise its operational support and capacity, the European Border and Coast Guard Agency should be able to rely on its own capabilities which also include properly functioning IT systems.

______________

1a Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).

Or. en

Amendment 3

Jorge Buxadé Villalba

Proposal for a regulation

Preamble – Point 2 – Recital 5c

Text proposed by the Commission

Amendment

(5c) Likewise, for the purpose of managing irregular migration, it is necessary to allow eu-LISA to produce cross-system statistics using data from Eurodac, the Visa Information System, ETIAS and the Entry/Exit System. In order to specify the content of these cross-system statistics, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers.’;

(5c) Likewise, for the purpose of assisting Member States with the control of illegal immigration, it is necessary to allow eu-LISA to produce cross-system statistics using data from relevant Union databases, in particular Eurodac, the Visa Information System, ETIAS, the Entry/Exit System and the Schengen Information System. In order to specify the content of these cross-system statistics, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers.’;

Or. en

Amendment 4

Jorge Buxadé Villalba

Proposal for a regulation

Preamble – Point 3 – Recital 6

Text proposed by the Commission

Amendment

(6) ‘To those ends, it is necessary to set up a system known as 'Eurodac', consisting of a Central System and of the Common Identity Repository established by Regulation (EU) 2019/818, which will operate a computerised central database of biometric data, as well as of the electronic means of transmission between those [the Central System and the Common Identity Repository] and the Member States, hereinafter the "Communication Infrastructure".’;

(6) 'To those ends, it is necessary to set up a system known as 'Eurodac', consisting of a Central System and of the Common Identity Repository established by Regulation (EU) 2019/818, which will operate a computerised central database of biometric and alphanumeric data, as well as of the electronic means of transmission between those [the Central System and the Common Identity Repository] and the Member States, hereinafter the "Communication Infrastructure".’;

Or. en

Amendment 5

Jorge Buxadé Villalba

Proposal for a regulation

Preample – Point 5 – Recital 14

Text proposed by the Commission

Amendment

(14) ‘Moreover, in order for Eurodac to effectively assist with the control of irregular migration and with the detection of secondary movements within the EU, it is necessary to allow the system to count applicants in addition to applications by linking all sets of data corresponding to one person, regardless of their category, in one sequence.’;

(14) 'Moreover, in order for Eurodac to effectively assist with the control of illegal immigration to the Union, and with the detection of secondary movements within the Union it is necessary to allow the system to count applicants in addition to applications by linking all sets of data corresponding to one person, regardless of their category, in one sequence.’;

Or. en

Amendment 6

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 9 – Article 1 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) assist with the control of irregular immigration to the Union and with the detection of secondary movements within the Union and with the identification of illegally staying third-country nationals and stateless persons for determining the appropriate measures to be taken by Member States ;

(c) assist with the control of illegal immigration to the Union and with the detection of secondary movements within the Union and with the identification of illegally staying third-country nationals and stateless persons for determining the appropriate measures to be taken by Member States

Or. en

Amendment 7

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 9 – Article 1 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of biometric or alphanumeric data with those stored in the Central System for law enforcement purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences;

(d) lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of biometric or alphanumeric data with those stored in the Central System and in the Common Identity Repository (CIR), for law enforcement purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences;

Or. en

Amendment 8

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 9 – Article 1 – paragraph 2

Text proposed by the Commission

Amendment

2. Without prejudice to the processing of data intended for Eurodac by the Member State of origin in databases set up under the latter's national law, biometric data and other personal data may be processed in Eurodac only for the purposes set out in this Regulation, in Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] and in Regulation (EU) XXX/XXX [Resettlement Regulation] .’;

2. Without prejudice to the processing of data intended for Eurodac by the Member State of origin in databases set up under the latter's national law, biometric data and other personal data may be processed in Eurodac only for the purposes set out in this Regulation and in Regulations (EU) XXX/XXX [Regulation on Asylum and Migration Management], (EU) XXX/XXX [Resettlement Regulation], (EU) 2019/818, (EU) XXX/XXX [VIS Regulation] and (EU) 2018/1240.’;

Or. en

Amendment 9

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 10 (-a) (new) – Article 3 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(a a) ‘resettled third-country national or stateless person’ means a third-country national or stateless person who, following a resettlement procedure in accordance with national law or with [Regulation (EU) XXX/XXX] [Resettlement Regulation], arrives on the territory of the Member State of resettlement;

Or. en

Amendment 10

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 11 – Article 4 – paragraph 6

Text proposed by the Commission

Amendment

6. All datasets registered in Eurodac corresponding to the same third country national or stateless person shall be linked in a sequence. Where a search is launched with the fingerprints in the dataset of a third-country national or stateless person and a hit is obtained against at least one other set of fingerprints in another dataset corresponding to that same third country national or stateless person, Eurodac shall automatically link those datasets on the basis of the fingerprints comparison. If necessary, the comparison of fingerprints shall be checked and confirmed by a fingerprint expert in accordance with Article 26. When the receiving Member State confirms the hit, it shall send a notification to eu-LISA that will confirm the linking.

6. All datasets registered in Eurodac corresponding to the same third country national or stateless person shall be linked in a sequence. Where an automatic comparison is carried out in accordance with Articles 15 and 16 and a hit is obtained against at least one other set of fingerprint and facial image data, or facial image data alone, in another dataset corresponding to that same third country national or stateless person, Eurodac shall automatically link those datasets on the basis of the comparison. The result of the comparison shall be checked and verified by an expert in accordance with Article 26(4) and (5). When the receiving Member State confirms the hit, it shall send a notification to eu-LISA that will confirm the linking.

Or. en

Amendment 11

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 12 – Article 8c a (new)

Text proposed by the Commission

Amendment

Article 8ca

Access to Eurodac by the European Border and Coast Guard standing corps

For the purpose of performing the tasks laid down in Regulation (EU) 2019/1896, in particular the tasks requiring executive powers referred to in points (a) and (g) of Article 55(7) of that Regulation and the provision of operational support for the implementation of [Regulation (EU) XXX/XXX] [Screening Regulation], members of the teams as defined in point (17) of Article 2 of Regulation (EU) 2019/1896 shall have access to Eurodac.

Members of the teams shall have access to and may consult Eurodac through its own technical interface which shall be developed and maintained by eu-LISA in cooperation with the European Border and Coast Guard Agency. Such a technical interface shall include a self-monitoring and logging mechanism to ensure the lawfulness of data processing and compliance with data protection requirements as laid down in Regulation (EU) 2018/1725.

Or. en

Justification

This new article clarifies the modalities of access to Eurodac by Frontex which is limited to European Border and Coast Guard (standing corps) team members for the implementation of tasks conferred to them by the EU legislator.This new article follows the approach taken by the EU legislator for access by the EBCG Teams to SIS (cf. Article 36 Regulation 2018/1861) and to VIS (cf. compromise text on the new VIS Regulation, Article 45d and Article 45e) requiring the Agency to develop its own infrastructure, interface or access point to the EU information system.

Amendment 12

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. eu-LISA shall draw up statistics on the work of the Central System every month indicating in particular:

1. eu-LISA shall draw up statistics on the work of the Central System and the CIR every month indicating in particular:

Or. en

Amendment 13

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the number of rejected applicants resulting from the linking process referred to in Article 4(6) and pursuant to Article 12(za);

(b) the number of rejected applicants resulting from the linking process referred to in Article 4(6) and pursuant to Article 12(x);

Or. en

Amendment 14

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

3. For the purpose of supporting the objective referred to in Article 1(c), eu-LISA shall produce monthly cross-system statistics. Those statistics shall not allow for the identification of individuals and will use data from Eurodac, the Visa Information System, ETIAS and the Entry/Exit System.

3. For the purpose of supporting the objective referred to in Article 1(c) eu-LISA shall produce monthly cross-system statistics. Those statistics shall not allow for the identification of individuals and will use data from Eurodac, the Visa Information System, ETIAS, the Entry/Exit System and the Schengen Information System.

Or. en

Justification

The cross-system analysis will be a critical functionality of the Central Repository for Reporting and Statistics (CRRS) laid down in the Interoperability Regulations. This cross-system analysis will only be complete if relevant SIS statistical is taken into account, in particular the SIS alerts issued on the basis of return decisions. This should all lead to more accurate analysis for more evidence based operational and policy decisions.

Amendment 15

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

These statistics shall be made available to the Commission, to the [European Union Agency for Asylum], to the European Border and Coast Guard Agency and to the Member States. The Commission shall, by means of implementing acts, specify the content of the monthly cross-system statistics. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41a(2).

These statistics shall be made available to the Commission, to the Member States and to the relevant Union agencies, in particular the [European Union Agency for Asylum], the European Border and Coast Guard Agency and Europol. The Commission shall, by means of implementing acts, specify the content of the monthly cross-system statistics. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41a(2).

Or. en

Justification

The cross-system statistics should be available to the relevant JHA agencies, including Europol. In particular, these statistics could provide Europol with valuable information and serve for the purposes of targeting and dismantling criminal networks involved in immigrant smuggling and trafficking in human beings.

Amendment 16

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 4

Text proposed by the Commission

Amendment

4. At the request of the Commission, eu-LISA shall provide it with statistics on specific aspects related to the application of this Regulation as well as the statistics pursuant to paragraph 1 and shall, upon request, make them available to a Member State and to the [European Union Agency for Asylum].

4. At the request of the Commission, eu-LISA shall provide it with statistics on specific aspects related to the application of this Regulation as well as the statistics pursuant to paragraph 1 and shall, upon request, make them available to a Member State and to the relevant Union agencies, in particular the [European Union Agency for Asylum], the European Border and Coast Guard Agency and Europol.

Or. en

Amendment 17

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 5

Text proposed by the Commission

Amendment

5. eu-LISA shall store the data referred to in paragraphs 1 to 4 of this Article, which shall not allow for the identification of individuals, for research and analysis purposes, thus enabling the authorities referred to in paragraph 3 of this Article to obtain customisable reports and statistics in the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/818.

5. eu-LISA shall store the data referred to in paragraphs 1 to 4 of this Article, which shall not allow for the identification of individuals, for research and analysis purposes.

Or. en

Justification

This is already covered in Art 9 - paragraph 6.

Amendment 18

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 6

Text proposed by the Commission

Amendment

6. Access to the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/818 shall be granted to eu-LISA, to the Commission, to the [European Union Agency for Asylum] and to the authorities designated by each Member State in accordance with Article 28(2). Access may also be granted to authorised users of other Justice and Home Affairs Agencies if such access is relevant for the implementation of their tasks.’;

6. Access to the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/818 shall be granted to eu-LISA, to the Commission and to the authorities designated by each Member State in accordance with Article 28(2). Access may also be granted to authorised users of the relevant Justice and Home Affairs Agencies, in particular to the [European Union Agency for Asylum], to the European Border and Coast Guard Agency and to Europol, if such access is relevant for the implementation of their tasks.

Or. en

Amendment 19

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 14 – Article 10 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

1. Each Member State shall take the biometric data of every applicant for international protection of at least six years of age during the screening as referred to in Regulation (EU) XXX/XXX [Screening Regulation] or, where the biometric data could not be taken during the screening or where the applicant was not subject to screening, upon the registration of the application for international protection referred to in Article 27 of Regulation (EU) No XXX/XXX [Asylum Procedure Regulation] and shall, as soon as possible and no later than 72 hours after the biometric data have been taken, transmit them together with the data referred to in Article 12 (c) to (p) of this Regulation to the Central System and to the CIR as appropriate in accordance with Article 4(2).

1. Each Member State shall take the biometric data of every applicant for international protection of at least six years of age:

(a) upon the registration of the application for international protection referred to in Article 27 of Regulation (EU) No XXX/XXX [Asylum Procedure Regulation]; or

(b) upon the making of the application for international protection, where the application is made at a border crossing point or in a transit zone by a person who does not fulfil the entry conditions set out in Article 6 of Regulation (EU) 2016/399.

Each Member State shall, as soon as possible but no later than 72 hours after the biometric data of the applicant for international protection have been taken, transmit them together with the data referred to in Article 12(1) to the Central System and to the CIR, as appropriate, in accordance with Article 4(2).

Or. en

Amendment 20

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 14 – Article 10 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Where Article 3(1) of Regulation (EU) XXX/XXX [Screening Regulation] applies and the person applies for international protection during screening, for every applicant for international protection of at least six years of age, each Member State shall use the biometric data taken during screening and transmit them together with the data referred to in Article 12 (c) to (p) of this Regulation to the Central System and to the CIR as appropriate in accordance with Article 4(2), no later than 72 hours from the registration of the application referred to in Article 27 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation].

deleted

Or. en

Amendment 21

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 14 – Article 10 – paragraph 3

Text proposed by the Commission

Amendment

3. Where requested by the Member State concerned, the biometric data may also be taken and transmitted on behalf of that Member State by members of the European Border and Coast Guard Teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with Regulation (EU) 2019/1896 and Regulation (EU) XXX/XXX [EU Agency for Asylum Regulation].

3. Where requested by the Member State concerned, the biometric and alphanumeric data may also be taken and transmitted on behalf of that Member State by members of the European Border and Coast Guard Teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with Regulation (EU) 2019/1896 and Regulation (EU) XXX/XXX [EU Agency for Asylum Regulation].

Or. en

Justification

This proposal includes an important addition, which is to transmit to Eurodac relevant alphanumeric data of the asylum applicants or illegal migrants. This amendment would, in the future, better support the host Member State by transmitting on behalf of the competent authority not only the biometric data but also the alphanumeric one which should be collected during the same TCN screening process.

Amendment 22

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 14 – Article 10 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4 a. Where a third-country national or stateless person who has been found illegally staying in a Member State makes an application for international protection at the same time of or following the apprehension, that Member State shall not be exempted from the obligation to take and record the biometric data of that third-country national or stateless person in accordance with Article 14.

Or. en

Amendment 23

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 14 – Article 10 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

4 b. Where a third-country national or stateless person who has been apprehended in connection with the irregular crossing of an external border makes an application for international protection at the time of or following the apprehension, the apprehending Member State shall not be exempted from the obligation to take and record the biometric data of that third-country national or stateless person in accordance with Article 13.

Or. en

Amendment 24

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 14 – Article 10 – paragraph 4 c (new)

Text proposed by the Commission

Amendment

4 c. In the cases referred to in paragraphs 4a and 4b of this Article, Member States shall reuse the biometric data taken under Articles 13 and 14 for transmission to the Central System and in the CIR pursuant to paragraph 1 of this Article.

Or. en

Amendment 25

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – introductory part

Text proposed by the Commission

Amendment

Only the following data shall be recorded in the Central System and in the CIR as appropriate:

Only the following data shall be recorded in the Central System and in the CIR, as appropriate, in accordance with Article 4(2):

Or. en

Amendment 26

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – point o

Text proposed by the Commission

Amendment

(o) date on which the data were transmitted to the Central System and to the CIR as appropriate;

(o) the date on which the data were transmitted to the Central System and to the CIR, as appropriate, in accordance with Article 4(2):

Or. en

Amendment 27

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 16a (new) – Article 12 a (new)

Text proposed by the Commission

Amendment

Article 12 a

Collection and transmission of fingerprints and facial image data

1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every resettled third-country national or stateless person of at least six years of age, upon their arrival on its territory, and shall transmit the fingerprints and facial image, together with the other data referred to in Article 10 of Regulation (EU) .../..., to the Central System.

Non-compliance with the requirement to promptly take all the fingerprints and capture the facial image shall not relieve Member States of the obligation to take the fingerprints or capture the facial image and transmit them 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 resettlement 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, the facial image or both of a resettled third-country national or stateless person 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.

Or. en

Justification

Reinstatement of the Parliament position on this category of persons to be registered in Eurodac. Further explanations are set out in the explanatory statement of the Rapporteur.

Amendment 28

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 16 b (new) – Article 12 b (new)

Text proposed by the Commission

Amendment

Article 12 b

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 resettlement, 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. en

Amendment 29

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 17 – Article 13 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The Member State concerned shall, as soon as possible and no later than 72 hours after the date of apprehension, transmit to the Central System and to the CIR as appropriate the following data in relation to any third-country national or stateless person, as referred to in paragraph 1, who is not turned back:

2. The Member State concerned shall, as soon as possible and no later than 72 hours after the date of apprehension, transmit to the Central System and to the CIR, as appropriate, in accordance with Article 4(2) the following data in relation to any third-country national or stateless person, as referred to in paragraph 1, who is not turned back:

Or. en

Amendment 30

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 17 – Article 13 – paragraph 7

Text proposed by the Commission

Amendment

7. Where requested by the Member State concerned, the biometric data may also be taken and transmitted on behalf of that Member State by members of the European Border and Coast Guard Teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with Regulation (EU) 2019/1896 and Regulation (EU) XXX/XXX [EU Agency for Asylum Regulation].

7. Where requested by the Member State concerned, the biometric and alphanumeric data may also be taken and transmitted on behalf of that Member State by members of the European Border and Coast Guard Teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with Regulation (EU) 2019/1896 and Regulation (EU) XXX/XXX [EU Agency for Asylum Regulation].

Or. en

Justification

This proposal includes an important addition, which is to transmit to Eurodac relevant alphanumeric data of the asylum applicants or illegal migrants. This amendment would, in the future, better support the host Member State by transmitting on behalf of the competent authority not only the biometric data but also the alphanumeric one which should be collected during the same TCN screening process.

Amendment 31

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 18 – Article 14 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The Member State concerned shall, as soon as possible and no later than 72-hours after the third-country national or the stateless person has been found to be illegally staying, transmit to the Central System and to the CIR as appropriate the following data in relation to any third-country national or stateless person, as referred to in paragraph 1:

2. The Member State concerned shall, as soon as possible and no later than 72-hours after the third-country national or the stateless person has been found to be illegally staying, transmit to the Central System and to the CIR, as appropriate, in accordance with Article 4(2) the following data in relation to any third-country national or stateless person, as referred to in paragraph 1:

Or. en

Amendment 32

Jorge Buxadé Villalba

Proposal for a regulation

Point 19 – Chapter IV a

Text proposed by the Commission

Amendment

(19) the following Chapter is inserted after Article 14:

deleted

‘CHAPTER IV a

(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

third-country nationals or stateless persons disembarked following a search and rescue operation

Article 14a

Collection and transmission of biometric data

1. Each Member State shall promptly take the biometric data of every third-country national or stateless person of at least six years of age who is disembarked following a search and rescue operation as defined in Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management].

2. The Member State concerned shall, as soon as possible and no later than 72 hours after the date of disembarkation, transmit to the Central System and to the CIR, as appropriate, the following data in relation to any third-country national or stateless person, as referred to in paragraph 1:

(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) date of birth;

(f) place of birth;

(g) Member State of origin, place and date of disembarkation;

(h) sex;

(i) where available, type and number of identity or travel document; three letter code of the issuing country and expiry date;

(j) where available, a scanned colour copy of an identity or travel document along with an indication of its authenticity or, where unavailable, another document which facilitates the identification of the third-country national or stateless person along with an indication of its authenticity;

(k) reference number used by the Member State of origin;

(l) date on which the biometric data were taken;

(m) date on which the data were transmitted to the Central System and to the CIR as appropriate;

(n) operator user ID;

(o) where applicable in accordance with paragraph 6, the date when the person concerned left or was removed from the territory of the Member States;

(p) the Member State of relocation in accordance with Article 14b(1);

(q) where applicable, the fact that assistance for voluntary return and reintegration (AVRR) has been granted,

(r) the fact that the person could pose a threat to internal security following the screening referred to in Regulation (EU) XXX/XXX [Screening Regulation].

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 biometric data to the to the CIR. 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 disembarked 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.

5. By way of derogation from paragraph 1, where it is not possible to take the biometric data of the disembarked 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 biometric data as soon as possible and no later than 48 hours after those health grounds no longer prevail.

In the event of serious technical problems, Member States may extend the 72-hour time-limit in paragraph 2 by a maximum of a further 48 hours in order to carry out their national continuity plans.

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.

7. Where requested by the Member State concerned, the biometric data may also be taken and transmitted on behalf of that Member State by members of the European Border and Coast Guard Teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with Regulation(EU) 2019/1896 and Regulation (EU) XXX/XXX [EU Agency for Asylum Regulation].

8. Each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in Article 4(6).

9. A data set pursuant to paragraph 1 is considered created for the purpose of Article 27(1) of Regulation (EU) 818/2019 when all the data in points (a) to (f) and (h) are recorded.’;

Or. en

Justification

The insertion of this Chapter would create a new category which lacks of substantial justification and would ultimately create a pull-factor. Persons who are disembarked following a search and rescue operation should be registered as persons who cross the border illegally, as it is currently de case.

Amendment 33

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 21 (-a) (new) – Article 17 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1 a. For the purposes laid down in Article 12a, each set of data relating to a resettled third-country national or stateless person shall be kept in the Central System for five years from the date on which the fingerprints were taken.

Or. en

Amendment 34

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 21 (b) – Article 17 – paragraph 4

Text proposed by the Commission

Amendment

4. Upon expiry of the data storage periods referred to in paragraphs (1) to (3a) of this Article, the data of the data-subjects shall be deleted from the Central System and from the CIR as appropriate.;

4. Upon expiry of the data storage periods referred to in paragraphs (1) to (3a) of this Article, the data of the data-subjects shall be automatically deleted from the Central System and from the CIR as appropriate.;

Or. en

Amendment 35

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 22 – Article 19 – title

Text proposed by the Commission

Amendment

Marking and blocking of data

Marking of data

Or. en

Amendment 36

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 22 – Article 19 – paragraph 1

Text proposed by the Commission

Amendment

1. For the purposes laid down in Article 1(1)(a), the Member State of origin which granted international protection to a person whose data were previously recorded in the Central System and in the CIR as appropriate pursuant to Article 12 shall mark the relevant data in conformity with the requirements for electronic communication with the Central System established by eu-LISA. That mark shall be stored in the Central System in accordance with Article 17(1) for the purpose of transmission under Article 15 and 16. The Central System shall, as soon as possible and no later than 72 hours, inform all Member States of origin of the marking of data by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 10(1), 13(1), 14(1), or 14a(1). Those Member States of origin shall also mark the corresponding data sets.

1. For the purposes laid down in Article 1(1)(a), the Member State of origin which granted international protection to a person whose data were previously recorded in the Central System and in the CIR, as appropriate, in accordance with Article 4(2) pursuant to Article 12 shall mark the relevant data in conformity with the requirements for electronic communication with the Central System established by eu-LISA. That mark shall be stored in the Central System in accordance with Article 17(1) for the purpose of transmission under Article 15 and 16. The Central System shall, as soon as possible and no later than 72 hours, inform all Member States of origin of the marking of data by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 10(1), 13(1) or 14(1), Those Member States of origin shall also mark the corresponding data sets.

Or. en

Amendment 37

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 22 – Article 19 – paragraph 2

Text proposed by the Commission

Amendment

2. The data of beneficiaries of international protection stored in the Central System and in the CIR as appropriate and marked pursuant to paragraph 1 of this Article shall be made available for comparison for the purposes laid down in Article 1(1)(d) until such data is automatically erased from the Central System and from the CIR as appropriate in accordance with Article 17(4).

2. The data of beneficiaries of international protection stored in the Central System and in the CIR, as appropriate, in accordance with Article 4(2) and marked pursuant to paragraph 1 of this Article shall be made available for comparison for the purposes laid down in Article 1(1)(d) until such data is automatically erased from the Central System and from the CIR as appropriate in accordance with Article 17(4).

Or. en