Sittings · Document

Draft report COM (2020)0614 – C80179/2016 – 2016/0132(COD) 2021-05-04

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

Committee on Civil Liberties, Justice and Home Affairs

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Amendment 38

Malin Björk

Proposal for a regulation

–

Proposal for a rejection

The European Parliament rejects the Commission proposal.

Or. en

Amendment 39

Isabel Santos

Proposal for a regulation

Title 1

Text proposed by the Commission

Amendment

Amended 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

Amended 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 irregularly 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

Or. en

Amendment 40

Malin Björk

Proposal for a regulation

Preamble – Point 1 – Recital 4a

Text proposed by the Commission

Amendment

(4a) ‘Moreover, for the purposes of effectively applying Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] and in accordance with the rules thereof, it is necessary to clearly mark in Eurodac the fact that there has been a shift of responsibility between Member States, including in cases of relocation. Furthermore, in order to reflect accurately the obligations Member States have to conduct search and rescue operations and to help these Member States with the specific challenges they face as they cannot apply to persons disembarked following such operations the same tools as for irregular crossings by land or air, it is also necessary to register third-country nationals or stateless persons disembarked following search and rescue operations as a separate category in Eurodac.

Or. en

Amendment 41

Saskia Bricmont

Proposal for a regulation

Preamble – Point 1 – Recital 4a

Text proposed by the Commission

Amendment

(4a) Moreover, for the purposes of effectively applying Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] and in accordance with the rules thereof, it is necessary to clearly mark in Eurodac the fact that there has been a shift of responsibility between Member States, including in cases of relocation. Furthermore, in order to reflect accurately the obligations Member States have to conduct search and rescue operations it is also necessary to register third-country nationals or stateless persons disembarked following search and rescue operations as a separate category in Eurodac. In order to give proper consideration to the condition of particular vulnerability of persons disembarked following a search and rescue operation and to effectively apply Member States obligation to carry out appropriate vulnerability assessments, including specific circumstances of the disembarkation and taking into account the physical and mental health of people disembarked, additional safeguards should be put in place before proceeding to any collection, processing and transmission of biometric data;

Or. en

Amendment 42

Tom Vandendriessche

Proposal for a regulation

Preamble – Point 1 – Recital 4 a

Text proposed by the Commission

Amendment

(4a) Moreover, for the purposes of effectively applying Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] and in accordance with the rules thereof, it is necessary to clearly mark in Eurodac the fact that there has been a shift of responsibility between Member States, including in cases of relocation. Furthermore, in order to reflect accurately the obligations Member States have to conduct search and rescue operations and to help these Member States with the specific challenges they face as they cannot apply to persons disembarked following such operations the same tools as for irregular crossings by land or air, it is also necessary to register third-country nationals or stateless persons disembarked following search and rescue operations as a separate category in Eurodac.

(4a) Moreover, for the purposes of effectively applying Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] and in accordance with the rules thereof, it is necessary to clearly mark in Eurodac the fact that there has been a shift of responsibility between Member States, including in cases of relocation. Furthermore, in order to reflect accurately the obligations Member States have to conduct search and rescue operations and to help these Member States with the specific challenges they face as they cannot apply to persons disembarked following such operations the same tools as for illegal crossings by land or air, it is also necessary to register third-country nationals or stateless persons disembarked following search and rescue operations as a separate category in Eurodac.

Or. nl

Amendment 43

Malin Björk

Proposal for a regulation

Preamble – Point 1 – Recital 4b

Text proposed by the Commission

Amendment

(4b) Furthermore, for the purposes of applying Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] it is necessary to flag whether, following security checks during screening, it appears that a person could pose a threat to internal security.’;

deleted

Or. en

Amendment 44

Saskia Bricmont

Proposal for a regulation

Preamble – Point 1 – Recital 4b

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 45

Isabel Santos

Proposal for a regulation

Preamble – Point 1 – Recital 4b

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 46

Tom Vandendriessche

Proposal for a regulation

Preamble – Point 1 – Recital 4 b a (new)

Text proposed by the Commission

Amendment

(4ba) This proposal is to be seen as a step towards a necessary DNA database in order to establish unequivocally the identity of migrants.

Or. nl

Amendment 47

Tom Vandendriessche

Proposal for a regulation

Preamble – Point 1 – Recital 4b b (new)

Text proposed by the Commission

Amendment

(4bb) Even a proper functioning of Eurodac in the current circumstances is insufficient to control – mainly illegal – migration flows. Various articles in the press indicate that it is common practice for many asylum seekers to deliberately alter their fingerprints by, for example, burning their fingers or filing them down. In this way, fingerprints in data files are rendered useless. 1a

__________________

1 a https://www.theguardian.com/world/2011/oct/07/dublin-regulation-european-asylum-seekers. https://www.trouw.nl/nieuws/meer-kans-op-asiel-vijl-je-vinger-wat-af~b812f87c

Or. nl

Amendment 48

Tom Vandendriessche

Proposal for a regulation

Preamble – Point 1 – Recital 4b c (new)

Text proposed by the Commission

Amendment

(4bc) In addition to this deliberate mutilation, fingerprints also become less accurate due to the ageing process of the skin. The elasticity of the skin decreases, the edges become harder, the fingertip becomes thinner. The quality of the fingerprint therefore deteriorates. 1a

__________________

1 a https://www.scientificamerican.com/article/lose-your-fingerprints/

Or. nl

Amendment 49

Tom Vandendriessche

Proposal for a regulation

Preamble – Point 1 – Recital 4b d (new)

Text proposed by the Commission

Amendment

(4bd) Third country nationals and stateless persons, as well as their representatives and interest organisations, are obliged to act in accordance with the objectives of this requirement. In case of proof of fraud, fraudsters shall lose present and future substantive and procedural rights relating to asylum, migration, residence, family reunification and acquisition of nationality, without prejudice to the possible application of criminal law by the Member State concerned.

Or. nl

Amendment 50

Malin Björk

Proposal for a regulation

Preamble – Point 2 – Recital 5a

Text proposed by the Commission

Amendment

(5a) It is also necessary to ensure that the functioning of that system within the interoperability framework established by Regulations (EU) 2019/81725 and 2019/818 26 of the European Parliament and of the Council is conducted under the provisions of the current Regulation in compliance with Regulation 2016/679 on General Data Protection and notably the principles of necessity, proportionality and purpose limitation. In addition, it is necessary to introduce clear provisions by which the designated national authorities of the Member States as well as the Union bodies which have access to Eurodac, would only be able to see the data which are strictly relevant for the performance of their specific task.

__________________

25 Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA, OJ L 135, 22.5.2019, p. 27-84

26 Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816, OJ L 135, 22.5.2019, p. 85–135

Or. en

Amendment 51

Saskia Bricmont

Proposal for a regulation

Preamble – Point 2 – Recital 5a

Text proposed by the Commission

Amendment

(5a) ‘ Following the adoption of the interoperability framework established by Regulations (EU) 2019/81725 and 2019/81826 of the European Parliament and of the Council, provisions to ensure the functioning of that system may be deemed necessary. In that regard, it is very important to ensure principles of proportionality and necessity are upheld, and authorities of Member States and the Union bodies continue to be able to see only the data that is relevant for the performance of their specific tasks, even if the data are accessible through different databases.

__________________

Or. en

Amendment 52

Isabel Santos

Proposal for a regulation

Preamble – Point 2 – Recital 5a

Text proposed by the Commission

Amendment

(5a) ‘It is also necessary to introduce provisions that would ensure the functioning of that system within the interoperability framework established by Regulations (EU) 2019/81725 and 2019/81826 of the European Parliament and of the Council, while ensuring that access rights for the relevant authorities remain governed by the underlying legal instruments.

__________________

Or. en

Amendment 53

Malin Björk

Proposal for a regulation

Preamble – Point 2 – Recital 5b

Text proposed by the Commission

Amendment

(5b) Furthermore, it is necessary to introduce the provisions that would frame the access of European Travel Information and Authorization System (ETIAS) national units and of competent visa authorities to Eurodac in accordance with Regulation (EU) 2018/124027 and (EC) 767/200828 of the European Parliament and of the Council.

deleted

__________________

27 Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226, OJ L 236, 19.9.2018, p. 1–71

28 Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation), OJ L 218, 13.8.2008, p. 60–81

Or. en

Amendment 54

Roberta Metsola, Karlo Ressler

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(5ba) 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 and the European Asylum Support teams 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 and European Asylum Support Office. Operational experience gained in past deployments of staff from the European Border and Coast Guard Agency and European Asylum Support Office 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 and European Asylum Support Office should be able to rely on its own capabilities which also include properly functioning IT systems.

Or. en

Amendment 55

Malin Björk

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, it is necessary to allow eu-LISA to produce statistics using data from Eurodac. In order to specify the content of these statistics, delegated powers should be conferred on the Commission.

Or. en

Amendment 56

Saskia Bricmont

Proposal for a regulation

Preamble – Point 2 – Recital 5c

Text proposed by the Commission

Amendment

(5c) Likewise, 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, delegated powers should be conferred on the Commission.;

Or. en

Amendment 57

Isabel Santos

Proposal for a regulation

Preamble – Point 2 – Recital 5c

Text proposed by the Commission

Amendment

(5c) For the purpose of managing migration, and providing useful statistics to policy makers to encourage evidence-based policy making, eu-LISA shall be able 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.’;

Or. en

Amendment 58

Karlo Ressler

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, the Entry/Exit System, ECRIS-TCN 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 59

Tom Vandendriessche

Proposal for a regulation

Preamble – Point 2 – Recital 5c

Text proposed by the Commission

Amendment

(5c) Likewise, for the purpose of managing illegal 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.’;

Or. nl

Amendment 60

Saskia Bricmont

Proposal for a regulation

Preamble – Point 4 – Recital 11a

Text proposed by the Commission

Amendment

(4) the following recital is inserted after recital 11:

deleted

(11a) ‘For that purpose, it also necessary to clearly mark in Eurodac the fact that an application for international protection has been rejected where the third-country national or stateless person has no right to remain and has not been allowed to remain in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation].’;

Or. en

Amendment 61

Malin Björk

Proposal for a regulation

Preamble – Point 4 – Recital 11a

Text proposed by the Commission

Amendment

the following recital is inserted after recital 11:

deleted

Or. en

Amendment 62

Isabel Santos

Proposal for a regulation

Preamble – Point 4 – Recital 11a

Text proposed by the Commission

Amendment

(11a) For that purpose, it also necessary to clearly mark in Eurodac the fact that an application for international protection has been rejected [Asylum Procedure Regulation].’;

Or. en

Amendment 63

Hilde Vautmans, Jan-Christoph Oetjen, Sophia in 't Veld, Yana Toom

Proposal for a regulation

Preamble – Point 4 a (new) – Recital 13a b (new)

Text proposed by the Commission

Amendment

(4a) The following recital is inserted after Recital 13a:

(13ab) Authorities of Member States and the Union bodies should continue to be able to see only the data that is relevant for the performance of their specific tasks, even if the data sets are linked in a sequence.

Or. en

Justification

The proposed changes, combined with the new categories of personal data processed in Eurodac and the largely extended list of authorities with access to the data in the context of the interoperability of the large-scale IT systems, will have a substantial impact on the concerned individuals. In order to mitigate the additional risks and ensure the proportionality of the measure, there is a need for appropriate and effective safeguards.

Amendment 64

Malin Björk

Proposal for a regulation

Preamble – 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.’;

deleted

Or. en

Amendment 65

Saskia Bricmont

Proposal for a regulation

Preamble – 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. Member States authorities and Union bodies should be able to see only the personal data that are strictly relevant for the performance of their tasks, even if the data are linked in a sequence. The retention period of each dataset is not affected.';

Or. en

Amendment 66

Tom Vandendriessche

Proposal for a regulation

Preamble – Point 5 – Recital 14

Text proposed by the Commission

Amendment

(14) Moreover, in order for Eurodac to effectively assist with the control of illegal 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.’;

Or. nl

Amendment 67

Hilde Vautmans, Jan-Christoph Oetjen, Sophia in 't Veld, Yana Toom

Proposal for a regulation

Preamble – Point 5 a (new) – Recital 19 a (new)

Text proposed by the Commission

Amendment

(5a) The following recital is inserted after recital 19:

(19a) This regulation shall be applied with respect to the best interests of the child. This includes implementing the relevant provisions and child rights safeguards when applying this Regulation to a person who declares being a child or, depending on the case, a person regarding whom there are reasons to believe that they are a child and no supporting proof of age is available; in the event of uncertainty in relation to the age of the child, the authorities should accord the individual the benefit of the doubt, such that if there is a possibility that the child is under 6 years old, s/he should be treated as such.

Or. en

Justification

This inclusion will make sure that children will be treated according to the highest level of safeguards included in this Regulation, without adding an additional age assessment procedure to the Regulation. Age assessments would fall under other relevant Regulations, including the Asylum Procedures Regulation.

Amendment 68

Isabel Santos

Proposal for a regulation

Preamble – Point 6 – Recital 24 a

Text proposed by the Commission

Amendment

(6) the following recital is inserted after recital 24:

deleted

(24a) ‘For the purposes of this Regulation, it is recalled that a person should be considered to be illegally staying on the territory of the Member State of relocation if that person does not apply for international protection following relocation or does otherwise not fulfil or no longer fulfils the conditions of entry as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in the Member State of relocation.’;

Or. en

Amendment 69

Saskia Bricmont

Proposal for a regulation

Preamble – Point 6 – Recital 24a

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 70

Malin Björk

Proposal for a regulation

Preamble – Point 6 – Recital 24a

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 71

Hilde Vautmans, Jan-Christoph Oetjen, Sophia in 't Veld, Yana Toom

Proposal for a regulation

Preamble – Point 6 a (new) – Recital 27 a (new)

Text proposed by the Commission

Amendment

(6a) The following recital is inserted after recital 27:

(27a) in the case of data pertaining children, the transmission, storage or comparison of data needs to pursue a child protection objective and can only happen in accordance with the obligation to give primary consideration to the best interests of the child;

Or. en

Justification

The proposed recast Eurodac Regulation suggests processing of children’s biometric data as young as six years of age to achieve the purposes set out in its Article 1, namely: applying the Dublin system, combating irregular immigration and fighting serious crime. To comply with Article 7 (respect for private and family life), Article 8 (protection of personal data) and Article 24 (the rights of the child) of the Charter, this measure can only be justified if it expressly pursues a child protection objective. More specifically, 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

Amendment 72

Hilde Vautmans, Jan-Christoph Oetjen, Sophia in 't Veld, Yana Toom

Proposal for a regulation

Preamble – Point 6b (new) – Recital 30b (new)

Text proposed by the Commission

Amendment

(6b) The following recital is inserted after recital 30a:

(30b) No child should be detained for any reason, including to determine or verify their identity or taking of their biometrics, independent of their age and whether they are unaccompanied or accompanied by their families. Community-based, non-custodial alternatives to detention should always be implemented when children and their families are concerned.

Or. en

Justification

According to Article 37 of the UN Convention on the Rights of the Child, children may be deprived of liberty “only as a measure of last resort and for the shortest appropriate period of time”. Regardless of the ground for detention, when interpreting Article 5 of the ECHR, the ECtHR held that the detention of children (whether accompanied by their parents or not) is arbitrary in facilities which are inadequate to cater for their specific needs.29 In light of human rights law development against immigration detention of children it is difficult to justify deprivation of liberty of a child to coerce him or her to give fingerprints or to take his/her facial image.

Amendment 73

Hilde Vautmans, Jan-Christoph Oetjen, Sophia in 't Veld, Yana Toom

Proposal for a regulation

Preamble – Point 6c (new) – Recital 57a (new)

Text proposed by the Commission

Amendment

(6c) The following recital is inserted after recital 57:

(57a new) The European Parliament, the Council and the Commission should ensure that the available financial and human resources attain the level as indicated in the Legislative Financial Statement of the Commission in relation to this Regulation, enabling eu-LISA to start the implementation process once this regulation enters into force.

Or. en

Justification

The Commission proposal reads that eu-LISA is supposed to receive certain amount of budget for implementation of EURODAC Recast already in 2021, which is however not possible since the recast legislative proposal has not yet entered into force, moreover, the negotiations on the proposal are still on a preliminary stage. This on its side triggers a risk that has been already highlighted by the European Court of Auditors (and, by the LIBE Committee in its Opinion on the eu-LISA 2019 Discharge) that the late adoption and entry into force of certain legislative acts created a significant difference between the actual timeline for their implementation compared with the timeline set by the Commission in the respective legislative financial statements. In this sense, the LIBE Opinion recommends the Commission to involve and consult the Agency at the earliest stage of preparation of relevant legislative proposals in order to improve the assumptions underpinning the financial planning and thereby improve alignment of budgetary planning with the timing of the related legal acts. Therefore, including the above suggested recital will avoid the situation that the Agency would have formally budget that cannot use since its availability is not in sync with the timing of the adoption of the legal proposal.

Amendment 74

Malin Björk

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(b) assist with the application of Regulation (EU) XXX/XXX [Resettlement Regulation] under the conditions set out in this Regulation;

(b) assist with the purpose of identifying secondary movements of resettled third-country nationals in the application of Regulation (EU) XXX/XXX [Resettlement Regulation] under the conditions set out in this Regulation;

Or. en

Amendment 75

Malin Björk

Proposal for a regulation

Enacting terms – 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 ;

deleted

Or. en

Amendment 76

Saskia Bricmont

Proposal for a regulation

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

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 77

Isabel Santos

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

Or. en

Amendment 78

Tom Vandendriessche

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 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. nl

Amendment 79

Hilde Vautmans, Jan-Christoph Oetjen, Sophia in 't Veld, Yana Toom

Proposal for a regulation

Enacting terms – Point 9 – Article 1 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

(ca) protect child victims of trafficking in human beings and identify and protect missing children;

Or. en

Justification

The proposed recast Eurodac Regulation suggests processing of children’s biometric data as young as six years of age to achieve the purposes set out in its Article 1, namely: applying the Dublin system, combating irregular immigration and fighting serious crime. To comply with Article 7 (respect for private and family life), Article 8 (protection of personal data) and Article 24 (the rights of the child) of the Charter, these measures can only be justified if it expressly pursues a child protection objective. More specifically, 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.

Amendment 80

Malin Björk

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;

deleted

Or. en

Amendment 81

Malin Björk

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(e) assist in the correct identification of persons registered in Eurodac under the conditions and for the objectives referred to in Article 20 of Regulation (EU) 2019/818 by storing identity data, travel document data and biometric data in the common identity repository (CIR) established by that Regulation;

deleted

Or. en

Amendment 82

Malin Björk

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(f) support the objectives of the European Travel Information and Authorisation System (‘ETIAS’) established by Regulation (EU) 2018/1240;

deleted

Or. en

Amendment 83

Isabel Santos

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(f) support the objectives of the European Travel Information and Authorisation System (‘ETIAS’) established by Regulation (EU) 2018/1240;

deleted

Or. en

Amendment 84

Saskia Bricmont

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(f) support the objectives of the European Travel Information and Authorisation System (‘ETIAS’) established by Regulation (EU) 2018/1240;

(f) support the information sharing with the European Travel Information and Authorisation System (‘ETIAS’) established by Regulation (EU) 2018/1240;

Or. en

Amendment 85

Malin Björk

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(g) support the objectives of the Visa Information System (VIS) referred to in Regulation (EC) No 767/2008.

deleted

Or. en

Amendment 86

Isabel Santos

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(g) support the objectives of the Visa Information System (VIS) referred to in Regulation (EC) No 767/2008.

deleted

Or. en

Amendment 87

Saskia Bricmont

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(g) support the objectives of the Visa Information System (VIS) referred to in Regulation (EC) No 767/2008.

(g) support the information sharing with the Visa Information System (VIS) referred to in Regulation (EC) No 767/2008.

Or. en

Amendment 88

Isabel Santos

Proposal for a regulation

Enacting terms – Point 9 – Article 1 – paragraph 1 – point g a (new)

Text proposed by the Commission

Amendment

(ga) gather statistics on persons seeking international protection, on persons arriving irregularly in the Union, on persons disembarked in the Union following search and rescue operations, on persons arriving for the purposes of resettlement or humanitarian admission, and on persons granted and refused international protection in order to support evidence-based Union asylum and migration policy making.

Or. en

Amendment 89

Isabel Santos

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. Biometric data and other personal data collected for Eurodac 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] .’;

Or. en

Amendment 90

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 9 – Article 1 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Collection and processing of personal data within Eurodac by competent authorities shall not result in discrimination against persons covered by Articles 10, 13, 14 and 14a on the grounds of sex and gender, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.

This Regulation shall fully respect human dignity and the fundamental rights and principles recognised by the Charter of Fundamental Rights of the European Union, including the right to respect for one’s private life, to the protection of personal data, to asylum and to non-refoulement.

Particular attention shall be paid to children, the elderly, persons with a disability, pregnant women, vulnerable persons and persons in need of international protection. The best interests of the child shall be a primary consideration when implementing this Regulation.

Or. en

Amendment 91

Malin Björk

Proposal for a regulation

Enacting terms – Point 9 – Article 1 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Collection and processing of personal data within Eurodac by competent authorities shall not result in discrimination against persons covered by Articles 10, 13, 14 and 14a on the grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation or gender expression.

Particular attention shall be paid to children, the elderly, persons with a disability and persons in need of international protection. The best interests of the child shall be a primary consideration.

Or. en

Amendment 92

Isabel Santos

Proposal for a regulation

Enacting terms – Point 9 – Article 1 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. This Regulation shall be implemented in full compliance with the Charter of Fundamental Rights, including the right to respect for one’s private life and to the protection of personal data. In that respect, processing of personal data shall not lead to discrimination on the grounds of gender, race, colour, ethnic or social origin, property, birth, disability, age or sexual orientation.

Or. en

Amendment 93

Malin Björk

Proposal for a regulation

Enacting terms – Point 10 (a) – Article 3 paragraph 1 point (b) (iv)

Text proposed by the Commission

Amendment

(a) in point (b) of paragraph 1, the following point (iv) is added:

deleted

‘

(iv) in relation to a person covered by Article 14a(1), the Member State which transmits the personal data to the Central System and to the Common Identity Repository and receives the results of the comparison;;

’

Or. en

Amendment 94

Malin Björk

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(a) point (aa) is added in paragraph 1:

(aa) '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 XXX/XXX], arrives on the territory of the Member State of resettlement.

Or. en

Amendment 95

Malin Björk

Proposal for a regulation

Enacting terms – Point 10 (b) – introductory part

Text proposed by the Commission

Amendment

(b) in paragraph 1, the following points (p), (q) and (r) are added:

(b) in paragraph 1, the following points (p), (q), (r) and (ra) are added:

Or. en

Amendment 96

Isabel Santos

Proposal for a regulation

Enacting terms – Point 10 (b) – Article 3 – paragraph 1 point p

Text proposed by the Commission

Amendment

(p) “CIR” means the common identity repository as defined in Article 17 of Regulation (EU) 2019/818;

(p) “CIR” means the common identity repository as defined in Article 17 of Regulation (EU) 2019/818 which shall replace the central system of Eurodac to the extent that it stores the personal data referred to in Article 18 of that Regulation;

Or. en

Amendment 97

Malin Björk

Proposal for a regulation

Enacting terms – Point 10 (b) – Article 3 – paragraph 1 point q

Text proposed by the Commission

Amendment

(q) “identity data” means the data referred to in Article 12(c) to (f) and (h), Article 13(2) (c) to (f) and (h), Article 14(2) (c) to (f) and (h) and Article 14a(c) to (f) and (h);

(q) “identity data” means the data referred to in Article 12(c) to (f) and (h) and Article 13(2) (c) to (f) and (h);

Or. en

Justification

Deletions of Articles 14 and 14a would necessitate corresponding changes throughout the text.

Amendment 98

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 10 (b) – Article 3 – paragraph 1 point q

Text proposed by the Commission

Amendment

(q) “identity data” means the data referred to in Article 12(c) to (f) and (h), Article 13(2) (c) to (f) and (h), Article 14(2) (c) to (f) and (h) and Article 14a(c) to (f) and (h);

(q) “identity data” means the data referred to in Article 12(c) to (f) and (h), Article 13(2) (c) to (f) and (h) and Article 14a(c) to (f) and (h);

Or. en

Amendment 99

Malin Björk

Proposal for a regulation

Enacting terms – Point 10 (b) – Article 3 – paragraph 1 point r

Text proposed by the Commission

Amendment

(r) “dataset” means the set of information recorded in Eurodac on the basis of Articles 12, 13, 14 or 14a, corresponding to one set of fingerprints of a data subject and composed of biometric data, alphanumeric data and, where available, a scanned colour copy of an identity or travel document.;

(r) “dataset” means the set of information recorded in Eurodac on the basis of Articles 12 or 13, corresponding to one set of fingerprints of a data subject and composed of biometric data and alphanumeric data.;

Or. en

Amendment 100

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 10 (b) – Article 3 – paragraph 1 point r

Text proposed by the Commission

Amendment

(r) “dataset” means the set of information recorded in Eurodac on the basis of Articles 12, 13 or 14a, corresponding to one set of fingerprints of a data subject and composed of biometric data and alphanumeric data.;

Or. en

Amendment 101

Malin Björk

Proposal for a regulation

Enacting terms – Point 10 (b) – Article 3 paragraph – 1 point ra (new)

Text proposed by the Commission

Amendment

(ra) “child” means every human being below the age of eighteen years as defined in the Convention on the Rights of the Child as adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 and entered into force 2 September 1990.

Or. en

Amendment 102

Isabel Santos

Proposal for a regulation

Enacting terms – Point 11 – Article 4 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) the common identity repository (CIR) as referred to in Article 17(2) of Regulation 2019/818 that shall replace the Central System to the extent that it stores the personal data referred to in Article 18 of that Regulation;

Or. en

Amendment 103

Malin Björk

Proposal for a regulation

Enacting terms – Point 11 – Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. The CIR shall contain the data referred to in Article 12, points (a) to (f), (h) and (i), Article 13(2) (a) to (f), (h), and (i), Article 14(2) (a) to (f), (h) and (i) and Article 14a(a) to (f), (h) and (i). The remaining Eurodac data shall be stored in the Central System.

2. The CIR shall contain the data referred to in Article 12, points (a) to (f), (h) and (i) and Article 13(2) (a) to (f), (h), and (i). The remaining Eurodac data shall be stored in the Central System.

Or. en

Amendment 104

Isabel Santos

Proposal for a regulation

Enacting terms – Point 11 – Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. The CIR shall contain the personal data referred to in Article 12, points (a) to (f), (h) and (i), Article 13(2) (a) to (f), (h), and (i), Article 14(2) (a) to (f), (h) and (i) and Article 14a(a) to (f), (h) and (i). The remaining Eurodac data shall be stored in the Central System.

Or. en

Amendment 105

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 11 – Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. The CIR shall contain the data referred to in Article 12, points (a) to (f), (h) and (i), Article 13(2) (a) to (f), (h), and (i) and Article 14a(a) to (f), (h) and (i). The remaining Eurodac data listed in articles 12, 13 and 14a shall be stored in the Central System.

Or. en

Amendment 106

Malin Björk

Proposal for a regulation

Enacting terms – Point 11 – Article 4 – paragraph 4

Text proposed by the Commission

Amendment

4. Each Member State shall have a single National Access Point. Europol shall have a single Europol access point.

4. Each Member State shall have a single National Access Point.

Or. en

Amendment 107

Isabel Santos

Proposal for a regulation

Enacting terms Point 11 Article 4 – paragraph 5

Text proposed by the Commission

Amendment

5. Data on persons covered by Articles 10(1), 13(1), 14(1) and 14a(1) which are processed in the Central System shall be processed on behalf of the Member State of origin under the conditions set out in this Regulation and separated by appropriate technical means.

5. Biometric data on persons covered by Articles 10(1), 13(1), 14(1) and 14a(1) which are processed in the Central System shall be processed on behalf of the Member State of origin under the conditions set out in this Regulation and in accordance with Regulation (EU) 2016/679, Regulation (EU) 2018/1725 or Directive (EU) 2016/680 as appropriate, and shall be separated by appropriate technical means.

Or. en

Amendment 108

Malin Björk

Proposal for a regulation

Enacting terms – Point 11 – Article 4 – paragraph 5

Text proposed by the Commission

Amendment

5. Data on persons covered by Articles 10(1) and 13(1), which are processed in the Central System shall be processed on behalf of the Member State of origin under the conditions set out in this Regulation and separated by appropriate technical means.

Or. en

Amendment 109

Saskia Bricmont

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. The linking of datasets shall in no circumstances prolong the data storage referred to in Articles 17 and 18 of this Regulation beyond the prescribed period for each specific set of data, that cannot exceed five years from the date on which the biometric data were first taken. The existence of a link shall immediately be deleted from the CIR and the Central System once the data related to the data-subject are erased from Eurodac. The comparison of fingerprints shall be checked and confirmed by a fingerprint expert in accordance with Article 26. If there is no certainty on the result obtained, the margin of appreciation should always benefit the applicant. When the receiving Member State confirms the hit, it shall send a notification to eu-LISA that will confirm the linking. The linking does not modify the access to Eurodac data by national competent authorities and EU agencies and bodies as foreseen by this Regulation, that shall be limited to the extent that the data are required for the performance of their tasks in accordance with those purposes, and proportionate to the objectives pursued.

Or. en

Amendment 110

Malin Björk

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. 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. The linking of datasets shall in no circumstances prolong the data storage referred to in Articles 17 and 18 of this Regulation beyond the prescribed period for each specific set of data, that cannot exceed five years from the date on which the biometric data were first taken. The existence of the link should be automatically deleted once the record is deleted and it should not be visible to competent national authorities or EU bodies. When Member States designated authorities and EU bodies query the CIR or the Eurodac Central System they shall only have the right to access the data strictly necessary for conducting their specific tasks even if those are linked with other records in the sequence.

Or. en

Amendment 111

Isabel Santos

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. However, its access from both the designated Member States authorities and the European Union authorized agencies must be strictly regulated, in order to effectively safeguard a person’s right to privacy and to data protection. Hence, such access shall, namely, be limited in time and restricted to the data relevant for the very specific performance of their tasks. Moreover, in case of any doubt, the comparison of fingerprints shall be checked and confirmed by a fingerprint expert in accordance with Article 26. Where a dataset registered in Eurodac is deleted, the existence of a link to that dataset shall also be deleted automatically. When the receiving Member State confirms the hit, it shall send a notification to eu-LISA that will confirm the linking.

Or. en

Amendment 112

Hilde Vautmans, Jan-Christoph Oetjen, Sophia in 't Veld, Yana Toom

Proposal for a regulation

Enacting terms – Point 11 – Article 4 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

6a. In the case of minors, only national law enforcement authorities responsible for the prevention, detection and investigation of child trafficking as well as Europol should be able to access Eurodac for the purpose of protecting child victims of trafficking in human beings. The question whether general law enforcement access under Article 1 (1) (d) to Eurodac for children under the age of 14 years is proportionate, shall be assessed based on additional evidence of the relevance of these data for combating terrorism and other serious crime.

Or. en

Justification

Amendment 113

Isabel Santos

Proposal for a regulation

Enacting terms – Point 11 – Article 4 – paragraph 7

Text proposed by the Commission

Amendment

7. The rules governing Eurodac shall also apply to operations carried out by the Member States as from the transmission of data to the Central System until use is made of the results of the comparison.’;

7. The rules governing Eurodac shall also apply to operations carried out by the Member States as from the transmission of data to the Central System or the CIR until use is made of the results of the comparison.’;

Or. en

Amendment 114

Jan-Christoph Oetjen, Sophia in 't Veld, Hilde Vautmans, Yana Toom

Proposal for a regulation

Enacting terms – Point 11 a (new) – Article 5 – paragraph 1

Text proposed by the Commission

Amendment

(11a) Article 5(1) is replaced by the following:

1. Before the start of the operational use of the modified Eurodac system, the security framework for the Eurodac’s business and technical environment must be properly updated, in line with Article 33 of the EUDPR1a .The Agency, eu-LISA, shall be responsible for the operational management of Eurodac.

__________________

1a Art. 33, Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC.

Or. en

Justification

The extended scope of Eurodac and the storing of biometric data, together with other identification data and colour copies of identity documents, increases significantly the risks in case of data breaches or other security incidents.

Amendment 115

Malin Björk

Proposal for a regulation

Enacting terms – Point 12 – Article 8a

Text proposed by the Commission

Amendment

‘Article 8a

deleted

Interoperability with ETIAS

1. From [the date of application of this Regulation], the Central System of Eurodac shall be connected to the European search portal referred to in Article 6 of Regulation (EU) 2019/818 in order to enable the automated processing referred to in Article 11 of Regulation (EU) 2018/1240.

2. The automated processing referred to in Article 11 of Regulation (EU) 2018/1240 shall enable the verifications provided for in Article 20 and the subsequent verifications of Articles 22 and 26 of that Regulation.

For the purpose of carrying out the verifications referred to in Article 20(2)(k) of Regulation (EU) 2018/1240, the ETIAS Central System shall use the European search portal, to compare the data in ETIAS with the data in Eurodac collected on the basis of Articles 12, 13, 14 and 14a of this Regulation corresponding to individuals having left or having been removed from the territory of the Member States in compliance with a return decision or removal order and using the correspondences listed in the table in Annex II of this Regulation.

The verifications shall be without prejudice to the specific rules provided for in Article 24(3) of Regulation (EU) 2018/1240.

Or. en

Amendment 116

Isabel Santos

Proposal for a regulation

Enacting terms – Point 12 – Article 8a – paragraph 1

Text proposed by the Commission

Amendment

1. From [the date of application of this Regulation], the Eurodac component of the CIR shall be connected to the European search portal referred to in Article 6 of Regulation (EU) 2019/818 in order to enable the automated processing referred to in Article 20 of Regulation (EU) 2018/1240.

Or. en

Amendment 117

Isabel Santos

Proposal for a regulation

Enacting terms – Point 11 – Article 8a – paragraph 2 subparagraph

Text proposed by the Commission

Amendment

2. The automated processing referred to in Article 20 of Regulation (EU) 2018/1240 shall enable the verifications provided for in Article 20 and the subsequent verifications of Articles 22 and 26 of that Regulation.

Or. en

Amendment 118

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 12 – Article 8a – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

For the purpose of carrying out the verifications referred to in Article 20(2)(k) of Regulation (EU) 2018/1240, the ETIAS Central System shall use the European search portal, to compare the data in ETIAS with the data in Eurodac collected on the basis of Articles 12, 13 and 14a of this Regulation, in a read-only format, using the correspondences listed in the table in Annex II of this Regulation.

Or. en

Amendment 119

Malin Björk

Proposal for a regulation

Enacting terms – Point 12 – Article 8b

Text proposed by the Commission

Amendment

Article 8b

deleted

Conditions for access to Eurodac for the manual processing by ETIAS National Units

1. Consultation of Eurodac by ETIAS National Units shall be carried out by means of the same alphanumerical data as those used for the automated processing referred to in Article 8a.

2. For the purposes of Article 1(1)(f), the ETIAS National Units, shall have access to and may consult the Eurodac, in a read-only format, for the purpose of examining applications for travel authorisation. In particular, the ETIAS National Units may consult the data referred to in Articles 12, 13, 14 and 14a.

3. Following consultation and access pursuant to paragraphs 1 and 2 of this Article the result of the assessment shall be recorded only in the ETIAS application files.

Or. en

Amendment 120

Isabel Santos

Proposal for a regulation

Enacting terms – Point 12 – Article 8b – paragraph 2

Text proposed by the Commission

Amendment

2. The ETIAS National Units, shall have access to and may consult the Eurodac, in a read-only format, for the purpose of examining applications for travel authorisation. In particular, the ETIAS National Units may consult the data referred to in Articles 12, 13, 14 and 14a.

Or. en

Amendment 121

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 12 – Article 8b – paragraph 2

Text proposed by the Commission

Amendment

2. For the purposes of Article 1(1)(f), the ETIAS National Units, shall have temporary access to consult the Eurodac, in a read-only format, for the purpose of examining applications for travel authorisation. In particular, the ETIAS National Units may consult the data referred to in Articles 12, 13 and 14a.

Or. en

Amendment 122

Malin Björk

Proposal for a regulation

Enacting terms – Point 12 – Article 8c

Text proposed by the Commission

Amendment

Article 8c

deleted

Access to Eurodac by the competent visa authorities

For the purpose of manually verifying hits triggered by the automated queries carried out by the Visa Information System in accordance with Articles [9a and 9c] of Regulation (EC) No 767/2008 and examining and deciding on visa applications in accordance with Article 21 of Regulation (EC) No 810/2009 of the European Parliament and of the Council30 , the competent visa authorities shall have access to Eurodac to consult data in a read-only format.

__________________

30 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1–58

Or. en

Amendment 123

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 12 – Article 8c

Text proposed by the Commission

Amendment

For the purpose of manually verifying hits triggered by the automated queries carried out by the Visa Information System in accordance with Articles [9a and 9c] of Regulation (EC) No 767/2008 and examining and deciding on visa applications in accordance with Article 21 of Regulation (EC) No 810/2009 of the European Parliament and of the Council 30a, the competent visa authorities shall have temporary access to Eurodac to consult data in a read-only format.

__________________

30 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1–58

30a Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1–58

Or. en

Amendment 124

Malin Björk

Proposal for a regulation

Enacting terms – Point 12 – Article 8d

Text proposed by the Commission

Amendment

Article 8d

deleted

Interoperability with the Visa Information System

From the [date of application of the Regulation (EU) XXX/XXX amending the VIS Regulation], as provided for in Article [9] of that Regulation, Eurodac shall be connected to the European search portal referred to in Article 6 of Regulation (EU) 2019/817 in order to enable the automated processing referred to in Article [9a] of Regulation (EC) No 767/2008 in order to query Eurodac and compare the relevant data in the Visa Information System with the relevant data in Eurodac. The verifications shall be without prejudice to the specific rules provided for in Article 9(b) of Regulation 767/2008.’;

Or. en

Amendment 125

Isabel Santos

Proposal for a regulation

Enacting terms – Point 12 – Article 8d

Text proposed by the Commission

Amendment

From the [date of application of the Regulation (EU) XXX/XXX amending the VIS Regulation], as provided for in Article [9] of that Regulation, Eurodac shall be connected to the European search portal referred to in Article 6 of Regulation (EU) 2019/817 to enable the automated processing referred to in Article [9a] of Regulation (EC) No 767/2008 and therefore to query Eurodac and compare the relevant data in the Visa Information System with the relevant data in Eurodac. The verifications shall be without prejudice to the specific rules provided for in Article 9(b) of Regulation 767/2008.’;

Or. en

Amendment 126

Isabel Santos

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 127

Isabel Santos

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(c) the number of data sets transmitted on persons referred to in Articles 10(1), 13(1) in so far as such persons are not covered by the datasets referred to in Article 10(1), 14(1), in so far as such persons are not covered by the datasets referred to in Article 10 (1) and 14a(1);

Or. en

Amendment 128

Malin Björk

Proposal for a regulation

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

Text proposed by the Commission

Amendment

Or. en

Amendment 129

Saskia Bricmont

Proposal for a regulation

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

Text proposed by the Commission

Amendment

Or. en

Amendment 130

Malin Björk

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 1 – point d iii

Text proposed by the Commission

Amendment

(iii) who were illegally staying in a Member State,

deleted

Or. en

Amendment 131

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 1 – point d iii

Text proposed by the Commission

Amendment

(iii) who were illegally staying in a Member State,

deleted

Or. en

Amendment 132

Isabel Santos

Proposal for a regulation

Enacting terms – Point 13 Article 9 – paragraph 1 – point d iii

Text proposed by the Commission

Amendment

(iii) who were illegally staying in a Member State,

(iii) who were irregularly staying in a Member State,

Or. en

Amendment 133

Malin Björk

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 1 – point d iv

Text proposed by the Commission

Amendment

(iv) who were disembarked following a search and rescue operation;

deleted

Or. en

Amendment 134

Isabel Santos

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 1 – point d iv a (new)

Text proposed by the Commission

Amendment

(iva) who have been granted international protection in a Member State;

Or. en

Amendment 135

Isabel Santos

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 1 – point d iv b (new)

Text proposed by the Commission

Amendment

(ivb) who were minors at the time the dataset was registered in Eurodac;

Or. en

Amendment 136

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 1 – point e iii

Text proposed by the Commission

Amendment

(iii) who were illegally staying in a Member State;

deleted

Or. en

Amendment 137

Malin Björk

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 1 – point e iii

Text proposed by the Commission

Amendment

(iii) who were illegally staying in a Member State;

deleted

Or. en

Amendment 138

Isabel Santos

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 1 – point e iii

Text proposed by the Commission

Amendment

(iii) who were illegally staying in a Member State;

(iii) who were irregularly staying in a Member State;

Or. en

Amendment 139

Malin Björk

Proposal for a regulation

Enacting terms Point 13 Article 9 – paragraph 1 – point e iv

Text proposed by the Commission

Amendment

(iv) who were disembarked following a search and rescue operation;

deleted

Or. en

Amendment 140

Isabel Santos

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 1 – point e iv a (new)

Text proposed by the Commission

Amendment

(iva) who have been granted international protection in a Member State;

Or. en

Amendment 141

Isabel Santos

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 1 – point e iv b (new)

Text proposed by the Commission

Amendment

(ivb) who were minors at the time the dataset was registered in Eurodac;

Or. en

Amendment 142

Saskia Bricmont

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(f) the number of hits for persons referred to in Article 14(1):

deleted

(i) for whom an application for international protection was registered in another Member State,

(ii) who were apprehended in connection with the irregular crossing of an external border,

(iii) who were illegally staying in a Member State,

(iv) who were disembarked following a search and rescue operation;

Or. en

Amendment 143

Malin Björk

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(f) the number of hits for persons referred to in Article 14(1):

deleted

(i) for whom an application for international protection was registered in another Member State,

(ii) who were apprehended in connection with the irregular crossing of an external border,

(iii) who were illegally staying in a Member State,

(iv) who were disembarked following a search and rescue operation;

Or. en

Amendment 144

Isabel Santos

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 1 – point f iii

Text proposed by the Commission

Amendment

(iii) who were illegally staying in a Member State,

(iii) who were irregularly staying in a Member State,

Or. en

Amendment 145

Isabel Santos

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 1 – point f iv a (new)

Text proposed by the Commission

Amendment

(iva) who have been granted international protection in a Member State;

Or. en

Amendment 146

Isabel Santos

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – Paragraph 1 – point f iv b (new)

Text proposed by the Commission

Amendment

(ivb) who were minors at the time the dataset was registered in Eurodac;

Or. en

Amendment 147

Malin Björk

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(g) the number of hits for persons referred to in Article 14a(1):

deleted

(i) for whom an application for international protection was registered,

(ii) who were apprehended in connection with the irregular crossing of an external border,

(iii) who were illegally staying in a Member State,

(iv) who were disembarked following a search and rescue operation;

Or. en

Amendment 148

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 1 – point g iii

Text proposed by the Commission

Amendment

(iii) who were illegally staying in a Member State,

deleted

Or. en

Amendment 149

Isabel Santos

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 1 – point g iii

Text proposed by the Commission

Amendment

(iii) who were illegally staying in a Member State,

(iii) who were irregularly staying in a Member State,

Or. en

Amendment 150

Isabel Santos

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 1 – point g iv a (new)

Text proposed by the Commission

Amendment

(iva) who have been granted international protection in a Member State;

Or. en

Amendment 151

Isabel Santos

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 1 – point g iv b (new)

Text proposed by the Commission

Amendment

(ivb) who were minors at the time the dataset was registered in Eurodac;

Or. en

Amendment 152

Malin Björk

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(i) the number of data sets marked and unmarked in accordance with Article 19(1), (2), (3) and (4);

(i) the number of data sets marked, blocked, unmarked and unblocked in accordance with Article 19(1), (2), (3) and (4);

Or. en

Amendment 153

Isabel Santos

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(m) the number of requests made for persons referred to in Article 31;

(m) the number of requests made in accordance with Article 31;

Or. en

Amendment 154

Isabel Santos

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(n) the number of hits received from the Central System as referred to in Article 26(6).

(n) the number of hits received from the Central System as referred to in Article 26(4).

Or. en

Amendment 155

Malin Björk

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2. The monthly statistical data for persons referred to in paragraph 1(a) to (n) shall be published each month. At the end of each year, the yearly statistical data for persons referred to in paragraph 1(a) to (n) shall be published by eu-LISA. The statistical data shall be broken down by Member State. The statistical data for persons referred to in paragraph 1 (c) shall, where possible, be broken down by year of birth and sex.

Or. en

Amendment 156

Isabel Santos

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 2

Text proposed by the Commission

Amendment

Or. en

Amendment 157

Saskia Bricmont

Proposal for a regulation

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

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.

deleted

Or. en

Amendment 158

Malin Björk

Proposal for a regulation

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

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 159

Isabel Santos

Proposal for a regulation

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

Text proposed by the Commission

Amendment

3. For the purpose of supporting the objective referred to in Article 1(c) and Article 1(h), 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.

Or. en

Amendment 160

Karlo Ressler

Proposal for a regulation

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

Text proposed by the Commission

Amendment

Or. en

Amendment 161

Saskia Bricmont

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 European Parliament, 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 delegated acts, specify the content of the monthly cross-system statistics.

Cross-system statistics should not be used in connection to individuals nor allow for their identification and cannot be used to deny access to EU territory. The statistics and the data, produced for the purposes of paragraph 3 and 4, shall not be used in the framework of any algorithm included in the EU JHA large-scale IT systems.

Or. en

Amendment 162

Malin Björk

Proposal for a regulation

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

Text proposed by the Commission

Amendment

Or. en

Amendment 163

Isabel Santos

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 European Parliament, 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).

Or. en

Amendment 164

Malin Björk

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. The Commission shall make them available to the European Parliament and shall, upon request, make them available to a Member State and to the [European Union Agency for Asylum].

Or. en

Amendment 165

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 4

Text proposed by the Commission

Amendment

Or. en

Amendment 166

Isabel Santos

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 4

Text proposed by the Commission

Amendment

Or. en

Amendment 167

Isabel Santos

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, under any circumstance, allow for the identification of individuals, for no longer than five years, 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. After five years, the data shall be erased.

Or. en

Amendment 168

Malin Björk

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.’;

Or. en

Amendment 169

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 6

Text proposed by the Commission

Amendment

Or. en

Amendment 170

Isabel Santos

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 6

Text proposed by the Commission

Amendment

Or. en

Amendment 171

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

6a. To ensure the accuracy of data collected and quality of statistics produced, the production of statistical data should be accompanied by strict rules requiring the rectification of incorrect data by Member States within specific deadlines.

Or. en

Amendment 172

Malin Björk

Proposal for a regulation

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

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 eighteen years of age 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). Member States shall, at all times, respect the dignity and physical integrity of all the applicants, regardless of age, during the fingerprinting procedure and when capturing a facial image and shall not use coercion to compel the taking of biometric data.

In the case of taking biometric data of children, this has to be done in full respect of the best interests of the child under the principles established by the United Nations Convention on the Rights of the Child, in a child-friendly and child-appropriate and gender-appropriate manner by officials specifically trained. The child shall be informed in an age-appropriate manner, both orally and in writing, using leaflets and infographics and demonstrations specifically designed in a language he or she can understand. The child shall be accompanied by a responsible adult or legal guardian throughout the time his or her biometric data are taken. At all times Member States shall respect the dignity and physical integrity of the child during the taking of biometric data. The use of coercion to compel the taking of children’s biometrics and detention of children shall be prohibited. This and the next paragraph are to be considered as horizontal for all cases of taking of biometric data.

Or. en

Justification

This amendment would necessitate corresponding changes throughout the text.

Amendment 173

Saskia Bricmont

Proposal for a regulation

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

Text proposed by the Commission

Amendment

1. Each Member State shall take the biometric data of every applicant for international protection of at least eighteen years of age 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 in accordance with Article 4(2). No force or coercion shall be used to ensure the taking of applicant’s biometric data.

Or. en

Amendment 174

Isabel Santos

Proposal for a regulation

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

Text proposed by the Commission

Amendment

1. Each Member State shall, in a protection-sensitive manner, take the biometric data of every applicant for international protection of at least fourteen 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).

Or. en

Amendment 175

Malin Björk

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 176

Saskia Bricmont

Proposal for a regulation

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

Text proposed by the Commission

Amendment

Biometric data of minors of at least six years of age shall only be collected, processed and stored in order to protect and identify children victims of trafficking in human beings and missing children, particularly in case of unaccompanied minors. Member States shall transmit the biometric data, together with the reasons justifying such collection and with the data referred to in Article 12 (c) to (p) of this Regulation to the Central System and to the CIR in accordance with Article 4(2), no later than 72 hours after the biometric data have been taken.

The “benefit of the doubt” in favour of the minor always applies when a person’s age is unclear or contested and no supporting documentation exists that proves their age.

Or. en

Amendment 177

Isabel Santos

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 fourteen 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].

Or. en

Amendment 178

Isabel Santos

Proposal for a regulation

Enacting terms – Point 14 – Article 10 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

Where a Member State is unable to conclude whether a minor is fourteen years old or more, Member States shall assume that the applicant is under fourteen years of age.

Or. en

Amendment 179

Malin Björk

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 data may also be taken and transmitted on behalf of that Member State by 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

Amendment 180

Saskia Bricmont

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 specifically trained 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

Amendment 181

Isabel Santos

Proposal for a regulation

Enacting terms – Point 14 – Article 10 – paragraph 4

Text proposed by the Commission

Amendment

4. 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).’;

Or. en

Amendment 182

Saskia Bricmont

Proposal for a regulation

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

Text proposed by the Commission

Amendment

4a. The biometric data of minors from the age of six shall be taken by officials trained specifically to take a minor's biometric data in a child-friendly and child-sensitive manner and in full respect of the best interests of the child and the safeguards laid down in the United Nations Convention on the Rights of the Child.

The minor shall be accompanied by, where present, an adult family member while his or her biometric data are taken. An unaccompanied minor shall be accompanied by a guardian, representative or, where a representative has not been designated, a person trained to safeguard the best interests of the minor and his or her general wellbeing, while his or her biometric data are taken. Such a trained person shall not be the official responsible for taking the biometric data, shall act independently and shall not receive orders either from the official or the service responsible for taking the biometric data.

Or. en

Amendment 183

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 15 – Article 11 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Where a Member State becomes responsible because there are reasonable grounds to consider the applicant a danger to national security or public order of that Member State in accordance with Article 8(4) of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] it shall update its data set recorded pursuant to Article 12 of this Regulation regarding the person concerned by adding the Member State responsible.

deleted

Or. en

Amendment 184

Malin Björk

Proposal for a regulation

Enacting terms – Point 15 – Article 11 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 185

Isabel Santos

Proposal for a regulation

Enacting terms – Point 15 – Article 11 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 186

Malin Björk

Proposal for a regulation

Enacting terms – Point 15 – Article 11 – paragraph 4

Text proposed by the Commission

Amendment

4. Where paragraphs 1 or 3 of this Article or Article 19(6) apply, the Central System shall, as soon as possible and no later than within 72 hours, inform all Member States of origin of the transmission of such 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 update the Member State responsible in their corresponding data sets.’;

4. Where paragraphs 1 or 3 of this Article or Article 19(6) apply, the Central System shall, as soon as possible and no later than within 72 hours, inform all Member States of origin of the transmission of such 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) or 13(1). Those Member States of origin shall also update the Member State responsible in their corresponding data sets.’;

Or. en

Amendment 187

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – paragraph 1 – 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 in accordance with article 4(2):

Or. en

Amendment 188

Isabel Santos

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – paragraph 1 – 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 or in the CIR as appropriate:

Or. en

Amendment 189

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – paragraph 1 – point h

Text proposed by the Commission

Amendment

(h) sex;

(h) gender;

Or. en

Amendment 190

Isabel Santos

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – paragraph 1 – point h

Text proposed by the Commission

Amendment

(h) sex;

(h) gender;

Or. en

Amendment 191

Malin Björk

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – paragraph 1 – point j

Text proposed by the Commission

Amendment

(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;

deleted

Or. en

Amendment 192

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – paragraph 1 – point j

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 193

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – paragraph 1 – point n a (new)

Text proposed by the Commission

Amendment

(na) in case of biometric data of minors, the reasons justifying their collection in accordance with Article 10(1);

Or. en

Amendment 194

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – paragraph 1 – 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) date on which the data were transmitted to the Central System and to the CIR;

Or. en

Amendment 195

Malin Björk

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – paragraph 1 – point v

Text proposed by the Commission

Amendment

(v) the fact that the person could pose a threat to internal security following the screening referred to in Regulation (EU) No XXX/XXX [Screening Regulation] or following an examination pursuant Article 8(4) of Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management];

deleted

Or. en

Amendment 196

Isabel Santos

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – paragraph 1 – point v

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 197

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – paragraph 1 – point v

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 198

Malin Björk

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – paragraph 1 – point x

Text proposed by the Commission

Amendment

(x) where applicable, the fact that the application for international protection has been rejected where the applicant has no right to remain and has not been allowed to remain in a Member State pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation];

deleted

Or. en

Amendment 199

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – paragraph 1 – point x

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 200

Malin Björk

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – paragraph 1 – point z

Text proposed by the Commission

Amendment

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

deleted

Or. en

Amendment 201

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – paragraph 1 – point z

Text proposed by the Commission

Amendment

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

deleted

Or. en

Amendment 202

Malin Björk

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – paragraph 2

Text proposed by the Commission

Amendment

2. 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.’;

2. All persons registered in Eurodac shall be informed of the storage of their data and the flags relating to them in accordance to the right of information and in order to exercise their right to rectification or erasure.

Or. en

Amendment 203

Malin Björk

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(16a) Article 12 b is added:

Article 12 b

Recording of data for resettled third country nationals

Only the following data shall be recorded in the Central System:

(a) fingerprint data taken upon arrival to the EU territory;

(b) a facial image taken upon arrival to the EU territory;

(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 204

Malin Björk

Proposal for a regulation

Enacting terms – Point 17 – Article 13 – paragraph 1

Text proposed by the Commission

Amendment

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 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 biometric data of every third-country national or stateless person of at least eighteen 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 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 shall, at all times, respect the dignity and physical integrity of all the applicants, regardless of age, during the fingerprinting procedure and when capturing a facial image and shall not use coercion to compel the taking of biometric data.

Or. en

Amendment 205

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 17 – Article 13 – paragraph 1

Text proposed by the Commission

Amendment

1. Each Member State shall promptly take the biometric data of every third-country national or stateless person of at least eighteen 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. No force or coercion shall be used to ensure the taking of applicant’s biometric data.

Biometric data of minors of at least six years of age, shall only be collected, processed and stored, in accordance with the requirements of Article 10(5), in order to protect and identify children victims of trafficking in human beings and missing children, particularly in case of unaccompanied minors.

The “benefit of the doubt” in favour of the minor always applies when a person’s age is unclear or contested and no supporting documentation exists that proves his or her age.

Or. en

Amendment 206

Isabel Santos

Proposal for a regulation

Enacting terms – Point 17 – Article 13 – paragraph 1

Text proposed by the Commission

Amendment

1. Each Member State shall, in a protection-sensitive manner, promptly take the biometric data of every third-country national or stateless person of at least fourteen 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.

Where a Member State is unable to conclude whether a minor is fourteen years old or more, Member States shall assume that the applicant is under fourteen years of age.

Or. en

Amendment 207

Saskia Bricmont

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 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 208

Isabel Santos

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 or 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:

Or. en

Amendment 209

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 17 – Article 13 – paragraph 2 – point h

Text proposed by the Commission

Amendment

(h) sex;

(h) gender;

Or. en

Amendment 210

Isabel Santos

Proposal for a regulation

Enacting terms – Point 17 – Article 13 – paragraph 2 – point h

Text proposed by the Commission

Amendment

(h) sex;

(h) gender;

Or. en

Amendment 211

Malin Björk

Proposal for a regulation

Enacting terms – Point 17 – Article 13 – paragraph 2 – point j

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 212

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 17 – Article 13 – paragraph 2 – point j

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 213

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 17 – Article 13 – paragraph 2 – point l a (new)

Text proposed by the Commission

Amendment

(la) in case of biometric data of minors, the reasons justifying their collection in accordance with Article 10(1);

Or. en

Amendment 214

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 17 – Article 13 – paragraph 2 – point m

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 215

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 17 – Article 13 – paragraph 2 – point q

Text proposed by the Commission

Amendment

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

deleted

Or. en

Amendment 216

Malin Björk

Proposal for a regulation

Enacting terms – Point 17 – Article 13 – paragraph 2 – point q

Text proposed by the Commission

Amendment

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

deleted

Or. en

Amendment 217

Isabel Santos

Proposal for a regulation

Enacting terms – Point 17 – Article 13 – paragraph 2 – point q

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 218

Isabel Santos

Proposal for a regulation

Enacting terms – Point 17 – Article 13 – paragraph 2 – point r

Text proposed by the Commission

Amendment

(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].

deleted

Or. en

Amendment 219

Malin Björk

Proposal for a regulation

Enacting terms – Point 17 – Article 13 – paragraph 2 – point r

Text proposed by the Commission

Amendment

(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].

deleted

Or. en

Amendment 220

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 17 – Article 13 – paragraph 2 – point r

Text proposed by the Commission

Amendment

(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].

deleted

Or. en

Amendment 221

Malin Björk

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 data may also be taken and transmitted on behalf of that Member State by 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

Amendment 222

Isabel Santos

Proposal for a regulation

Enacting terms – Point 17 – Article 13 – paragraph 8

Text proposed by the Commission

Amendment

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).

Or. en

Amendment 223

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 18 – Article 14

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 224

Malin Björk

Proposal for a regulation

Enacting terms – Point 18 – Article 14

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 225

Isabel Santos

Proposal for a regulation

Enacting terms – Point 18 – Article 14 – paragraph 1

Text proposed by the Commission

Amendment

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 illegally staying within its territory.

Where a Member State is unable to conclude whether a minor is fourteen years old or more, Member States shall assume that the applicant is under fourteen years of age.

Or. en

Amendment 226

Isabel Santos

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 irregularly 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:

Or. en

Amendment 227

Isabel Santos

Proposal for a regulation

Enacting terms – Point 18 – Article 14 – paragraph 2 – point h

Text proposed by the Commission

Amendment

(h) sex;

(h) gender;

Or. en

Amendment 228

Isabel Santos

Proposal for a regulation

Enacting terms – Point 18 – Article 14 – paragraph 2 – point s

Text proposed by the Commission

Amendment

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

deleted

Or. en

Amendment 229

Isabel Santos

Proposal for a regulation

Enacting terms – Point 18 – Article 14 – paragraph 6

Text proposed by the Commission

Amendment

6. 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).

Or. en

Amendment 230

Karlo Ressler

Proposal for a regulation

Enacting terms – Point 19 – Chapter IV a

Text proposed by the Commission

Amendment

deleted

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

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

‘CHAPTER IV a

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;

(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].

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.’;

Oren

Justification

The insertion of this Chapter would create a new category which lacks of substantial justification. Persons who are disembarked following a search and rescue operation should be treated as persons who cross the border in an irregular manner, subject to the same criteria as those persons who cross the land border illegally. A potential distinction would create circumstances for misuse of the system.

Amendment 231

Malin Björk

Proposal for a regulation

Enacting terms – Point 19 – Chapter IV a

Text proposed by the Commission

Amendment

deleted

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

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

‘CHAPTER IV a

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

Article 14a

Collection and transmission of biometric data

(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;

(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].

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.

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].

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

Amendment 232

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 19 – Article 14a – paragraph 1

Text proposed by the Commission

Amendment

1. Each Member State shall promptly take the biometric data of every third-country national or stateless person of at least eighteen 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]. No force or coercion shall be used to ensure the taking of applicant’s biometric data. Member States shall take into account the specific situation of vulnerable persons within the meaning of Article 21 of Directive 2013/33/EU during the collection of biometric data that shall be made by personnel adequately trained in noticing signs that a person may be traumatised, and/or a victim of torture, trafficking in human beings, sexual or gender-based violence, or other serious crime.

Biometric data of minors of at least six years of age, shall only be collected, processed and stored, in accordance with the requirements of article 10(5), in order to protect and identify children victims of trafficking in human beings and missing children, particularly in case of unaccompanied minors.

The “benefit of the doubt” in favour of the minor always applies when a person’s age is unclear or contested and no supporting documentation exists that proves his or her age.

Or. en

Amendment 233

Isabel Santos

Proposal for a regulation

Enacting terms – Point 19 – Article 14a – paragraph 1

Text proposed by the Commission

Amendment

1. Each Member State shall, in a protection-sensitive manner, promptly take the biometric data of every third-country national or stateless person of at least fourteen 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].

Where a Member State is unable to conclude whether a minor is fourteen years old or more, Member States shall assume that the applicant is under fourteen years of age.

Or. en

Amendment 234

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 19 – Article 14a – 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 disembarkation, transmit to the Central System and to the CIR 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 235

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 19 – Article 14a – paragraph 2 – point h

Text proposed by the Commission

Amendment

(h) sex;

(h) gender ;

Or. en

Amendment 236

Isabel Santos

Proposal for a regulation

Enacting terms – Point 19 – Article 14a – paragraph 2 – point h

Text proposed by the Commission

Amendment

(h) sex;

(h) gender;

Or. en

Amendment 237

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 19 – Article 14a – paragraph 2 – point h

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 238

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 19 – Article 14a – paragraph 2 – point l a (new)

Text proposed by the Commission

Amendment

(la) in case of biometric data of minors, the reasons justifying their collection in accordance with Article 10(1);

Or. en

Amendment 239

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 19 – Article 14a – paragraph 2 – point m

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 240

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 19 – Article 14a – paragraph 2 – point q

Text proposed by the Commission

Amendment

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

deleted

Or. en

Amendment 241

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 19 – Article 14a – paragraph 2 – point r

Text proposed by the Commission

Amendment

(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].

deleted

Or. en

Amendment 242

Isabel Santos

Proposal for a regulation

Enacting terms – Point 19 – Article 14a – paragraph 2 – point r

Text proposed by the Commission

Amendment

(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].

deleted

Or. en

Amendment 243

Isabel Santos

Proposal for a regulation

Enacting terms – Point 19 – Article 14a – 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 data may, under reasoned grounds, 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

Amendment 244

Isabel Santos

Proposal for a regulation

Enacting terms – Point 19 – Article 14a – paragraph 8

Text proposed by the Commission

Amendment

Or. en

Amendment 245

Malin Björk

Proposal for a regulation

Enacting terms – Point 20 – Article 14b – paragraph 1

Text proposed by the Commission

Amendment

1. As soon as the Member State of relocation is obliged to relocate the person concerned pursuant to Article 57(7) of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management], the benefiting Member State shall update its data set recorded pursuant to Articles 12, 13, 14 or 14a of this Regulation relating to the person concerned by adding the Member State of relocation.

1. As soon as the Member State of relocation is determined pursuant to Article 57(7) of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management], the benefiting Member State shall update its data set recorded pursuant to Articles 12 or 13of this Regulation relating to the person concerned by adding the Member State of relocation.

Or. en

Amendment 246

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 20 – Article 14b – paragraph 1

Text proposed by the Commission

Amendment

1. As soon as the Member State of relocation is obliged to relocate the person concerned pursuant to Article 57(7) of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management], the benefiting Member State shall update its data set recorded pursuant to Articles 12, 13, or 14a of this Regulation relating to the person concerned by adding the Member State of relocation.

Or. en

Amendment 247

Malin Björk

Proposal for a regulation

Enacting terms – Point 20 – Article 14b – paragraph 2

Text proposed by the Commission

Amendment

2. When a person arrives in the Member State of relocation following the confirmation by the Member State of relocation to relocate the person concerned pursuant to Article 57(7) of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management], that Member State shall send a data set recorded in conformity with Articles 12 or 14 of this Regulation relating to the person concerned and shall include his or her date of arrival. The data set shall be stored in accordance with Article 17 (1) for the purpose of transmission under Articles 15 and 16.’;

2. When a person arrives in the Member State of relocation following the confirmation by the Member State of relocation to relocate the person concerned pursuant to Article 57(7) of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management], that Member State shall send a data set recorded in conformity with Article 12 of this Regulation relating to the person concerned and shall include his or her date of arrival. The data set shall be stored in accordance with Article 17 (1) for the purpose of transmission under Articles 15 and 16.’;

Or. en

Amendment 248

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 20 – Article 14b – paragraph 2

Text proposed by the Commission

Amendment

2. When a person arrives in the Member State of relocation following the confirmation by the Member State of relocation to relocate the person concerned pursuant to Article 57(7) of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management], that Member State shall send a data set recorded in conformity with Articles 12 of this Regulation relating to the person concerned and shall include his or her date of arrival. The data set shall be stored in accordance with Article 17 (1) for the purpose of transmission under Articles 15 and 16.’;

Or. en

Amendment 249

Malin Björk

Proposal for a regulation

Enacting terms – Point 21 (a) – Article 17 – paragraph 3a

Text proposed by the Commission

Amendment

(a) the following paragraph 3a is inserted:

deleted

‘

3a. For the purposes laid down in Article 14a(1), each set of data relating to a third-country national or stateless person as referred to in Article 14a(2) shall be stored in the Central System and in the CIR as appropriate for five years from the date on which his or her biometric data were taken.;

’

Or. en

Amendment 250

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 21 (a) – Article 17 – paragraph 3a

Text proposed by the Commission

Amendment

3a. For the purposes laid down in Article 14a(1), each set of data relating to a third-country national or stateless person as referred to in Article 14a(2) shall be stored in the Central System and in the CIR for five years from the date on which his or her biometric data were first taken.;

Or. en

Amendment 251

Malin Björk

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(aa) the following paragraph 1a is inserted:

'1a. 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 252

Saskia Bricmont

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 deleted from the Central System and from the CIR.;

Or. en

Amendment 253

Malin Björk

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) and 1(1)(b), 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 or 12a 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) and 17(1a) 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), 12(b) or 13(1) . Those Member States of origin shall also mark the corresponding data sets.

Or. en

Amendment 254

Saskia Bricmont

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 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 14a(1). Those Member States of origin shall also mark the corresponding data sets.

Or. en

Amendment 255

Malin Björk

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 and marked pursuant to paragraph 1 of this Article shall not be made available for comparison for the purposes laid down in Article 1(1)(d) . The Central System shall automatically block such data from being transmitted in the even of a request for comparisons for the purposes laid down in Article 1(1)(d), whilst leaving those data available for comparison for the purposes laid down in Article 1(1)(a) until the point of their erasure. Blocked data shall not be transmitted and the Central System shall return a negative result to the requesting Member State in the event of a hit.

Or. en

Amendment 256

Saskia Bricmont

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 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

Amendment 257

Malin Björk

Proposal for a regulation

Enacting terms – Point 22 – Article 19 – paragraph 3

Text proposed by the Commission

Amendment

3. The Member State of origin shall unmark data concerning a third-country national or stateless person whose data were previously marked in accordance with paragraphs 1 or 2 of this Article if his or her status is withdrawn under Articles 14 or 20 of Regulation No (EU) XXX/XXX [Qualification Regulation].

3. The Member State of origin shall unmark or unblock data concerning a third-country national or stateless person whose data were previously marked or blocked in accordance with paragraphs 1 or 2 of this Article if his or her status is revoked or ended or the renewal of his or her status is refused under [Articles 14 or 19 of Directive 2011/95/EU].

Or. en

Amendment 258

Malin Björk

Proposal for a regulation

Enacting terms – Point 22 – Article 19 – paragraph 4

Text proposed by the Commission

Amendment

4. For the purposes laid down in Article 1(1)(a) and (c), the Member State of origin which issued a residence document to an illegally staying third-country national or stateless person whose data were previously recorded in the Central System and in the CIR as appropriate pursuant to Article 13 (2) and 14(2) or to a third-country national or stateless person disembarked following a search and rescue operation whose data were previously recorded in the Central System and in the CIR as appropriate pursuant to Article 14a(2) 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(2), (3) and (3a) 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 Articles 10(1), 13(1), 14(1), or 14a(1). Those Member States of origin shall also mark the corresponding data sets.

4. For the purposes laid down in Article 1(1)(a), the Member State of origin which issued a residence document to an illegally staying third-country national or stateless person whose data were previously recorded in the Central System and in the CIR as appropriate pursuant to Article 13 (2) and 14(2) 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(2), (3) and (3a) 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 Articles 10(1) or 13(1). Those Member States of origin shall also mark the corresponding data sets.

Or. en

Amendment 259

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 22 – Article 19 – paragraph 4

Text proposed by the Commission

Amendment

4. For the purposes laid down in Article 1(1)(a), the Member State of origin which issued a residence document to an third-country national or stateless person whose data were previously recorded in the Central System and in the CIR as appropriate pursuant to Article 13 (2) or to a third-country national or stateless person disembarked following a search and rescue operation whose data were previously recorded in the Central System and in the CIR as appropriate pursuant to Article 14a(2) 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(2), and (3a) 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 Articles 10(1), 13(1), or 14a(1). Those Member States of origin shall also mark the corresponding data sets.

Or. en

Amendment 260

Isabel Santos

Proposal for a regulation

Enacting terms – Point 22 – Article 19 – paragraph 4

Text proposed by the Commission

Amendment

4. For the purposes laid down in Article 1(1)(a) and (c), the Member State of origin which issued a residence document to an irregularly staying third-country national or stateless person whose data were previously recorded in the Central System and in the CIR as appropriate pursuant to Article 13 (2) and 14(2) or to a third-country national or stateless person disembarked following a search and rescue operation whose data were previously recorded in the Central System and in the CIR as appropriate pursuant to Article 14a(2) 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(2), (3) and (3a) 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 Articles 10(1), 13(1), 14(1), or 14a(1). Those Member States of origin shall also mark the corresponding data sets.

Or. en

Amendment 261

Malin Björk

Proposal for a regulation

Enacting terms – Point 22 – Article 19 – paragraph 5

Text proposed by the Commission

Amendment

5. The data of illegally staying third-country nationals or stateless persons stored in the Central System and in the CIR and marked pursuant to paragraph 4 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 in accordance with Article 17 (4).

5. The data of illegally staying third-country nationals or stateless persons stored in the Central System and in the CIR and marked pursuant to paragraph 4 of this Article shall not be made available for comparison for the purposes laid down in Article 1(1)(d) The Central System shall automatically block such data from being transmitted in the even of a request for comparisons for the purposes laid down in Article 1(1)(d), whilst leaving those data available for comparison for the purposes laid down in Article 1(1)(a) until the point of their erasure. Blocked data shall not be transmitted and the Central System shall return a negative result to the requesting Member State in the event of a hit.

Or. en

Amendment 262

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 22 – Article 19 – paragraph 4

Text proposed by the Commission

Amendment

5. The data of third-country nationals or stateless persons stored in the Central System and in the CIR and marked pursuant to paragraph 4 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 in accordance with Article 17 (4).

Or. en

Amendment 263

Isabel Santos

Proposal for a regulation

Enacting terms – Point 22 – Article 19 – paragraph 5

Text proposed by the Commission

Amendment

5. The data of irregularly staying third-country nationals or stateless persons stored in the Central System and in the CIR and marked pursuant to paragraph 4 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 in accordance with Article 17 (4).

Or. en

Amendment 264

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point Article – 21 paragraph 1a

Text proposed by the Commission

Amendment

(23) in Article 21, the following paragraph is inserted:

deleted

‘

1a. Where the designated authorities consulted the CIR in accordance with Article 22(1) of Regulation 2019/818, they may access Eurodac for consultation under the conditions foreseen in this Article where the reply received pursuant to Article 22(2) of Regulation (EU) 2019/818 indicates that data is stored in Eurodac.;

’

Or. en

Amendment 265

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 24 – Article 22 – paragraph 1a

Text proposed by the Commission

Amendment

(24) in Article 22, the following paragraph 1a is inserted:

deleted

‘

1a. Where Europol consulted the CIR in accordance with Article 22(1) of Regulation (EU) 2019/818, they may access Eurodac for consultation under the conditions foreseen in this Article where the reply received pursuant to Article 22(2) of Regulation (EU) 2019/818 indicates that data is stored in Eurodac.;

’

Or. en

Amendment 266

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 25 – Article 28 – paragraph 3a

Text proposed by the Commission

Amendment

3a. Access for the purposes of consulting the Eurodac data stored in the CIR shall be granted to the duly authorised staff of the national authorities of each Member State and to the duly authorised staff of the Union bodies competent for the purposes laid down in Articles 20 and 21 of Regulation (EU) 2019/818. That access shall be limited to the extent necessary for the performance of the tasks of those national authorities and Union bodies in accordance with those purposes and shall be proportionate to the objectives pursued.;

3a. Access for the purposes of consulting the Eurodac data stored in the CIR shall be granted to the duly authorised staff of the competent national authorities of each Member State and to the duly authorised staff of the Union bodies competent for the purposes laid down in Articles 20 and 21 of Regulation (EU) 2019/818. That access shall be limited to the extent necessary for the performance of the tasks of those national authorities and Union bodies in accordance with those purposes and shall be proportionate to the objectives pursued.;

Or. en

Amendment 267

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 26 a (new) – Article 30 – paragraph 1 points ca and cb (new)

Text proposed by the Commission

Amendment

(26a) in Article 30(1) the following points (ca) and (cb) are inserted:

(ca) the possibility to have his or her datasets registered in Eurodac all linked in a sequence, in accordance with Article 4(6);

(cb) the storage in the system of a security flag indicating the fact that the person could pose a threat to internal security according to Articles 12(v), 13(2)(r), 14(2)(s) and 14a(2)(r), including the competent authority which has conducted the security check and the one, if different, which has made the assessment, the reasoning for the introduction of security flag and the indication of the information system that has generated a match, for the purpose of ensuring their rights of access to, rectification, completion, erasure and restriction of the processing of personal data and the right to effective remedy;

Or. en

Amendment 268

Jan-Christoph Oetjen, Sophia in 't Veld, Hilde Vautmans, Yana Toom

Proposal for a regulation

Enacting terms – Point 26 a (new) – Article 34 – paragraph 1

Text proposed by the Commission

Amendment

(26a) Article 34(1), is amended as follows:

1. The national supervisory authorities and the European Data Protection Supervisor shall, each acting within the scope of their respective competences, cooperate actively in the framework of their responsibilities and shall ensure coordinated supervision of Eurodac; a single model of coordinated supervision should be applied, as foreseen in Article 62 EUDPR, referring to joint operations of supervisory authorities 1a

__________________

1a Art. 62, Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC.

Or. en

Justification

The independent supervision of the data processing activities in Eurodac, both at central and national level, is one of the key guarantees for the effective protection of the fundamental rights of the data subjects, in line with Article 8(3) of the Charter of Fundamental Rights. The alignment of the coordinated supervision of Eurodac with the model applied by the other large-scale IT systems is particularly important in light of the interoperability of the various systems in the JHA area.

Amendment 269

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 28 – Article 40a (1) – Article 11 – paragraph 6a point a

Text proposed by the Commission

Amendment

(a) surname (family name), surname at birth, first name(s) (given name(s)), date of birth, place of birth, sex, current nationality;

(a) surname (family name), surname at birth, first name(s) (given name(s)), date of birth, place of birth, gender, current nationality;

Or. en

Amendment 270

Isabel Santos

Proposal for a regulation

Enacting terms – Point 28 – Article 40a (1) – Article 11 – paragraph 6a point a

Text proposed by the Commission

Amendment

(a) surname (family name), surname at birth, first name(s) (given name(s)), date of birth, place of birth, sex, current nationality;

(a) surname (family name), surname at birth, first name(s) (given name(s)), date of birth, place of birth, gender, current nationality;

Or. en

Amendment 271

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 28 – Article 40a (2) – Article 25a – point e –

Text proposed by the Commission

Amendment

(e) Articles 12, 13, 14 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation].;

(e) Articles 12, 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation].;

Or. en

Amendment 272

Yana Toom, Hilde Vautmans, Jan-Christoph Oetjen, Sophia in 't Veld

Proposal for a regulation

Enacting terms – Point 28 – Article 40b (2) – Article 10 – paragraph 1 –

Text proposed by the Commission

Amendment

Without prejudice to Article 39 of Regulation (EU) XXX/XXX [Eurodac Regulation], Articles 12 and 18 of Regulation (EU) 2018/1862, Article 29 of Regulation (EU) 2019/816 and Article 40 of Regulation (EU) 2016/794, eu-LISA shall keep logs of all data processing operations within the ESP. Those logs shall include, in particular, the following:;

'Without prejudice to Article 38 and 39 of Regulation (EU) XXX/XXX [Eurodac Regulation], Articles 12 and 18 of Regulation (EU) 2018/1862, Article 29 of Regulation (EU) 2019/816 and Article 40 of Regulation (EU) 2016/794, eu-LISA shall keep logs of all data processing operations within the ESP in line with the universal message format (UMF) 1a. Those logs shall include, in particular, the following:’;

__________________

1a Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816.

Or. en

Justification

The UMF is considered to be the standard to be used in the new interoperability architecture, therefore, the new EURODAC system should be compliant with it.

Amendment 273

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 28 – Article 40b (4) – Article 18 – paragraph 1 point a

Text proposed by the Commission

Amendment

a) the data referred to in Article 12, points (a) to (f), (h) and (i), Article 13(2), points (a) to (f), (h) and (i), Article 14(2), points (a) to (f), (h) and (i) and Article 14a, points (a) to (f), (h) and (i) of Regulation (EU) XXX/XXX [Eurodac Regulation];

a) the data referred to in Article 12, points (a) to (f), (h) and (i), Article 13(2), points (a) to (f), (h) and (i) and Article 14a, points (a) to (f), (h) and (i) of Regulation (EU) XXX/XXX [Eurodac Regulation];

Or. en

Amendment 274

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 28 – Article 40b (10) – Article 27 – paragraph 11 – point aa

Text proposed by the Commission

Amendment

(aa) a data set is transmitted to Eurodac in accordance with Articles 10, 13, 14 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation];;

(aa) a data set is transmitted to Eurodac in accordance with Articles 10, 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation];;

Or. en

Amendment 275

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 28 – Article 40b (10) – Article 27 – paragraph 3 – point aa

Text proposed by the Commission

Amendment

(aa) surname(s); forename(s); name(s) at birth, previously used names and aliases; date of birth, place of birth, nationality(ies) and sex as referred to in Article 12 to 14a of Regulation (EU) XXX/XXX [Eurodac Regulation];;

(aa) surname(s); forename(s); name(s) at birth, previously used names and aliases; date of birth, place of birth, nationality(ies) and gender as referred to in Article 12 to 14a of Regulation (EU) XXX/XXX [Eurodac Regulation];

Or. en

Amendment 276

Isabel Santos

Proposal for a regulation

Enacting terms – Point 28 – Article 40b (10) – Article 24 – paragraph 10 – point b

Text proposed by the Commission

Amendment

Or. en

Amendment 277

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 28 – Article 40b (13) – Article 47 – paragraph 3

Text proposed by the Commission

Amendment

Persons whose data are recorded in the Eurodac shall be informed about the processing of personal data for the purposes of this Regulation in accordance with paragraph 1 when a new data set is transmitted to Eurodac in accordance with Articles 10, 12, 13, 14 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation].;

Persons whose data are recorded in the Eurodac shall be informed about the processing of personal data for the purposes of this Regulation in accordance with paragraph 1 when a new data set is transmitted to Eurodac in accordance with Articles 10, 12, 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation].;

Or. en

Amendment 278

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 28 – Article 40b (28) – Article 50

Text proposed by the Commission

Amendment

Without prejudice to Article 31 of Regulation (EC) No 767/2008, Articles 25 and 26 of Regulation (EU) 2016/794, Articles 37 and 38 of Regulation (EU) XXX/XXX [Eurodac Regulation], Article 41 of Regulation (EU) 2017/2226, Article 65 of Regulation (EU) 2018/1240 and the querying of Interpol databases through the ESP in accordance with Article 9(5) of this Regulation which comply with the provisions of Chapter V of Regulation (EU) 2018/1725 and Chapter V of Regulation (EU) 2016/679, personal data stored in, processed or accessed by the interoperability components shall not be transferred or made available to any third country, to any international organisation or to any private party.’;

Without prejudice to Article 31 of Regulation (EC) No 767/2008, Articles 25 and 26 of Regulation (EU) 2016/794, Articles 37 of Regulation (EU) XXX/XXX [Eurodac Regulation], Article 41 of Regulation (EU) 2017/2226, Article 65 of Regulation (EU) 2018/1240 and the querying of Interpol databases through the ESP in accordance with Article 9(5) of this Regulation which comply with the provisions of Chapter V of Regulation (EU) 2018/1725 and Chapter V of Regulation (EU) 2016/679, personal data stored in, processed or accessed by the interoperability components shall not be transferred or made available to any third country, to any international organisation or to any private party.’;

Or. en

Amendment 279

Malin Björk

Proposal for a regulation

Enacting terms – Point 28 – Article 40b (28) – Article 50

Text proposed by the Commission

Amendment

Without prejudice to Article 31 of Regulation (EC) No 767/2008, Articles 25 and 26 of Regulation (EU) 2016/794 and Articles 37 of Regulation (EU) XXX/XXX [Eurodac Regulation], Article 41 of Regulation (EU) 2017/2226, Article 65 of Regulation (EU) 2018/1240 and the querying of Interpol databases through the ESP in accordance with Article 9(5) of this Regulation which comply with the provisions of Chapter V of Regulation (EU) 2018/1725 and Chapter V of Regulation (EU) 2016/679, personal data stored in, processed or accessed by the interoperability components shall not be transferred or made available to any third country, to any international organisation or to any private party.’;

Or. en

Amendment 280

Malin Björk

Proposal for a regulation

Enacting terms – Point 28 – Article 40b (29) – Article 41a

Text proposed by the Commission

Amendment

Article 41a

deleted

Committee Procedure

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) 182/2011 shall apply.

3. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) 182/2011 shall apply.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Or. en

Amendment 281

Saskia Bricmont

Proposal for a regulation

Enacting terms – Point 28 – Article 40b (29) – Article 41a

Text proposed by the Commission

Amendment

Article 41a

deleted

Committee Procedure

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) 182/2011 shall apply.

3. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) 182/2011 shall apply.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Or. en