Sittings · Document

Updated mandate (COM(2020)0614 – C90131/2020 – 2016/0132(COD)) 2023-02-10

On the 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

Committee on Civil Liberties, Justice and Home Affairs

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Amendment 1

Jorge Buxadé Villalba

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 2

Jorge Buxadé Villalba

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.

(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.

Or. en

Amendment 3

Jorge Buxadé Villalba

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.

(5a) It is also necessary to ensure that that system functions within the interoperability framework established by Regulations (EU) 2019/81725 and 2019/818 26 of the European Parliament and of the Council in accordance with the current Regulation and in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council26a, in particular the principles of necessity, proportionality and purpose limitation set out in that Regulation. In addition, it is necessary to introduce clear provisions which would permit the designated national authorities of the Member States, and the Union bodies which have access to Eurodac, to see only the data which are strictly relevant for the performance of their specific tasks.

__________________

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

26a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

Or. en

Amendment 4

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(5b a) For the purpose of performing the tasks laid down in Regulations (EU) 2019/18961a and (EU) 2021/23031b of the European Parliament and of the Council, it is necessary that members of the European Border and Coast Guard standing corps deployed through border management teams, migration management support teams and return teams, and of the asylum support teams of the European Union Agency for Asylum, (‘Agencies’ teams’) have access to Eurodac. When requested by the Member State hosting a particular operation, members of the Agencies’ teams should be able to take and transmit relevant Eurodac data using the Member States’ IT solutions.

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

1b Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 (OJ L 468, 30.12.2021, p. 1).

Or. en

Amendment 5

Jorge Buxadé Villalba

Proposal for a regulation

Preamble – Point 2 – Recital 5c

Text proposed by the Commission

Amendment

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

(5c) For the purpose of assisting Member States with the control of irregular immigration and of providing useful statistics to policy makers to encourage evidence-based policy making, eu-LISA should be able to produce cross-system statistics using data from relevant Union databases, in particular Eurodac, the Visa Information System, ETIAS, 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 6

Jorge Buxadé Villalba

Proposal for a regulation

Preamble – Point 3 – Recital 6

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 7

Jorge Buxadé Villalba

Proposal for a regulation

Preample – Point 5 – Recital 14

Text proposed by the Commission

Amendment

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

(14) 'Moreover, in order for Eurodac to effectively assist with the control of irregular immigration to the Union, and with the detection of secondary movements within the Union it is necessary to allow the system to count applicants in addition to applications by linking all sets of data corresponding to one person, regardless of their category, in one sequence. National 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. That does not affect the retention period of each dataset.’;

Or. en

Amendment 8

Jorge Buxadé Villalba

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 9

Jorge Buxadé Villalba

Proposal for a regulation

Preamble – Point 6 – Recital 24a a(new)

Text proposed by the Commission

Amendment

(24aa) Where a third-country national or stateless person who has been found irregularly staying in a Member State makes an application for international protection at the time of or following his or her apprehension, that Member State should not be exempt from the obligation to take and record the biometric data of that person in accordance with this Regulation.

Or. en

Amendment 10

Jorge Buxadé Villalba

Proposal for a regulation

Preample – Point 6 – Recital 24a b (new)

Text proposed by the Commission

Amendment

(24ab) Where a third-country national or stateless person who has been apprehended in connection with the irregular crossing of an external border makes an application for international protection at the time of or following his or her apprehension, the apprehending Member State should not be exempt from the obligation to take and record the biometric data of that person in accordance with this Regulation.

Or. en

Amendment 11

Jorge Buxadé Villalba

Proposal for a regulation

Preample – Point 6 – Recital 24a c (new)

Text proposed by the Commission

Amendment

(24ac) Member States should reuse the biometric data of third-country nationals or stateless persons apprehended in connection with the irregular crossing of an external border or found illegally staying in a Member State taken under this Regulation for the purposes of transmission to the Central System and the CIR in accordance with the conditions set out in this Regulation.

Or. en

Amendment 12

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(6a) the following recital is inserted after recital 57:

(57a) In order to enable eu-LISA to start the implementation process as regards Eurodac as soon as this Regulation enters into force, the European Parliament, the Council and the Commission should ensure that the financial and human resources made available for the purposes of this Regulation attain the level indicated in the Legislative Financial Statement of the Commission in relation to this Regulation.

Or. en

Amendment 13

Jorge Buxadé Villalba

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 identification of secondary movements of third-country nationals resettled in accordance with Regulation (EU) XXX/XXX [Resettlement Regulation] under the conditions set out in this Regulation;

Or. en

Amendment 14

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(ca) assist with the protection of child victims of trafficking in human beings and the identification and protection of missing children;

Or. en

Amendment 15

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 16

Jorge Buxadé Villalba

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

Or. en

Amendment 17

Jorge Buxadé Villalba

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 sharing of information with the Visa Information System (VIS) referred to in Regulation (EC) No 767/2008;

Or. en

Amendment 18

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(ga) enable the production of statistics on persons seeking international protection, 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 19

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 9 – Article 1 – paragraph 2

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 20

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

2 a. This Regulation fully respects human dignity and the fundamental rights in full compliance with the Charter of Fundamental Rights of the European Union, including the right to respect for one’s private life, the right to the protection of personal data, the right to asylum, the right to non-refoulement, and the prohibition of torture, inhuman or degrading treatment. In that respect, the processing of personal data in accordance with this Regulation shall not lead to any kind of discrimination.

Or. en

Amendment 21

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

2 b. The best interests of the child shall be a primary consideration in the application of this Regulation. That includes implementing the relevant provisions and child rights safeguards when applying this Regulation to a person who declares that he or she is a child or, depending on the case, a person regarding whom there are reasons to believe that he or she is a child and for whom no supporting proof of age is available. In the event of uncertainty in relation to the age of the child, the authorities shall accord to that person the benefit of the doubt. In the event of uncertainty in relation to the age of a person who has declared that he or she is a child, the authorities shall accord the that person the benefit of the doubt. That means that if it is possible that that person is under 6 years old, the authorities shall treat that person as such.

Or. en

Amendment 22

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

2 c. Where the Eurodac data pertain to a child under the age of fourteen, those data shall only be used for law enforcement purposes, with the exception of purposes relating to child trafficking, where there is additional evidence that demonstrates that those data are relevant for the prevention, detection or investigation of terrorist offences or of other serious criminal offences.

Or. en

Amendment 23

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

2 d. Children shall not be detained for the purpose of determining or verifying their identity or taking their biometric data independent of their age and whether they are unaccompanied or accompanied by their families. Community-based, non-custodial alternatives to detention shall be used where children and their families are concerned.

Or. en

Amendment 24

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(-a) in paragraph 1, the following point is inserted:

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

Or. en

Amendment 25

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(b 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 26

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 10 – point 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.

Or. en

Amendment 27

Jorge Buxadé Villalba

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, which 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 28

Jorge Buxadé Villalba

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 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 29

Jorge Buxadé Villalba

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 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 30

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 11 – Article 4 – paragraph 6

Text proposed by the Commission

Amendment

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

6. All datasets registered in Eurodac corresponding to the same third country national or stateless person shall be linked in a sequence. Where an automatic comparison is carried out in accordance with Articles 15 and 16 and a hit is obtained against at least one other set of fingerprint and facial image data, or facial image data alone, in another dataset corresponding to that same third country national or stateless person, Eurodac shall automatically link those datasets on the basis of the comparison. However, its access from both the designated Member States authorities and the European Union authorized agencies shall 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 the event of any doubt, an expert shall check, in accordance with Article 26(4) and (5), the result of an automatic comparison carried out in accordance with Articles 15 and 16. 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 31

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 11 – Article 4 – paragraph 7

Text proposed by the Commission

Amendment

1. 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.’;

1. 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 32

Jorge Buxadé Villalba

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. Prior to the start of the operational use of Eurodac, the security framework for the Eurodac’s business and technical environment shall be properly updated, in accordance with Article 33 of Regulation (EU) 2018/1725 of the European Parliament and of the Council1a, eu-LISA, shall be responsible for the operational management of Eurodac.

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1a 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 (OJ L 295, 21.11.2018, p. 39).

Or. en

Amendment 33

Jorge Buxadé Villalba

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 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.

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 11 of Regulation (EU) 2018/1240.

Or. en

Amendment 34

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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.

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.

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.

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 in a read-only format, 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 35

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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.

2. 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, 14 and 14a.

Or. en

Amendment 36

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 12 – Article 8 c

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 , the competent visa authorities shall have access to Eurodac to consult data in a read-only format.

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 Council1, the competent visa authorities shall have temporary access to Eurodac to consult data in a read-only format.

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1 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 37

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

Article 8ca

Access to Eurodac by the European Border and Coast Guard Standing Corps Teams and Asylum Support Teams

1. For the purpose of implementing the tasks laid down in Article 40(4) and Article 55(7) of Regulation (EU) 2019/1896 and Article 16 of Regulation (EU) XXX [EU Agency for Asylum Regulation] members of the European Border and Coast Guard standing corps deployed through border management teams, migration management support teams and return teams and of the asylum support teams of the European Union Agency for Asylum (‘Agencies’ teams’) may access Eurodac in order to take and transmit biometric and alphanumeric data in accordance with Articles 10(3), 12a(2), 13(7) and 14a(7) of this Regulation.

2. Members of the Agencies’ teams shall only process data referred to in paragraph 1 where requested by the Member State hosting the operation in question and in accordance with the operational plan agreed between that Member State and the European Border and Coast Guard Agency or the European Union Agency for Asylum, as applicable.

3. When processing Eurodac data, members of the Agencies’ teams shall act on behalf and under the instructions of the competent authorities of the host Member State as laid down in the operational plan. Regulation (EU) 2018/1725, in particular the obligations laid down in that Regulation relating to data processors, shall apply. In accordance with Article 30(6) of Regulation (EU) 2021/2303, Regulation (EU) 2016/679 shall apply to members of the Asylum Support Teams.

Or. en

Amendment 38

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 13 – Article 8 d

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 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.’;

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 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 39

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 40

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 41

Jorge Buxadé Villalba

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), and 14(1) ;

Or. en

Amendment 42

Jorge Buxadé Villalba

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 43

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

Or. en

Amendment 44

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

Or. en

Amendment 45

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

deleted

Or. en

Amendment 46

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

Or. en

Amendment 47

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

Or. en

Amendment 48

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

deleted

Or. en

Amendment 49

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

Or. en

Amendment 50

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

Or. en

Amendment 51

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

Or. en

Amendment 52

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

Or. en

Amendment 53

Jorge Buxadé Villalba

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 54

Jorge Buxadé Villalba

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 55

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

3. For the purpose of supporting the objective referred to in Article 1(c) 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 56

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

These statistics shall be made available to the Commission, to the European Parliament, to Member States and to the relevant Union agencies, in particular the [European Union Agency for Asylum], the European Border and Coast Guard Agency and Europol. The Commission shall, by means of implementing acts, specify the content of the monthly cross-system statistics. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41a(2). Cross-system statistics shall not be used in connection with individuals, shall not allow for the identification of individuals and shall not be used to deny access to the territory of the Union.

Or. en

Amendment 57

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 4

Text proposed by the Commission

Amendment

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

Or. en

Amendment 58

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 5

Text proposed by the Commission

Amendment

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

5. eu-LISA shall store for no longer than five years 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 research and analysis purposes.

Or. en

Amendment 59

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 13 – Article 9 – paragraph 6

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 60

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

Or. en

Amendment 61

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

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

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

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

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

Or. en

Amendment 62

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 14 – Article 10 – paragraph 3

Text proposed by the Commission

Amendment

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

3. Where requested by the Member State concerned, the biometric and alphanumeric data may also be taken and transmitted on behalf of that Member State by 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 63

Jorge Buxadé Villalba

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 64

Jorge Buxadé Villalba

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 65

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – introductory part

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 66

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – point o

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 67

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – 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];

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

Or. en

Amendment 68

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 16 – Article 12 – paragraph 3 (new)

Text proposed by the Commission

Amendment

3. The Member State of origin which concluded that the threat to internal security identified following an examination pursuant to Article 8(4) of Regulation (EU) XXX/XXX (Regulation on Asylum and Migration Management) no longer applies shall delete the security flag from the dataset. The Central System shall, as soon as possible and no later than 72 hours after the deletion of the security flag by another Member State of origin having produced a hit with data which they transmitted relating to persons as referred to in Articles 13(1), 14(1) or 14a(1), inform all Member States of origin of that deletion. Those Member States of origin shall also delete the security flag in the corresponding dataset.

Or. en

Amendment 69

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

Article 12 a

Collection and transmission of fingerprints and facial image data

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

Where a Member State does not comply with the requirement to promptly take the biometric data of persons as referred to in the first subparagraph of this paragraph shall not be relieved of the obligation to take the biometric data and transmit them to the Central System. Where the condition of the fingertips does not allow the taking of the fingerprints of a quality ensuring appropriate comparison under Article 26, the Member State of resettlement shall retake the fingerprints of the applicant and resend them as soon as possible and no later than 48 hours after they have been successfully retaken.

2. By way of derogation from paragraph 1, where it is not possible to take the fingerprints, the facial image, or both, of a resettled third-country national or stateless person on account of measures taken to ensure his or her health or the protection of public health, Member States shall take and send such fingerprints, facial image, or both, as soon as possible and no later than 48 hours after those health grounds no longer prevail.

Or. en

Amendment 70

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

Article 12 b

Recording of data

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

(a) fingerprint data;

(b) a facial image;

(c) surname(s) and forename(s), name(s) at birth and previously used names and any aliases, which may be entered separately;

(d) nationality(ies);

(e) place and date of birth

(f) Member State of resettlement, place and date of the registration;

(g) sex;

(h) where applicable, the type and number of identity or travel document; three letter code of the issuing country and validity;

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

(j) date on which the fingerprints and/or facial image were taken;

(k) date on which the data were transmitted to the Central System;

(l) operator user ID.

Or. en

Amendment 71

Jorge Buxadé Villalba

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, in a protection-sensitive manner 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.

Or. en

Amendment 72

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 73

Jorge Buxadé Villalba

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 74

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 17 – Article 13 – paragraph 7

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 75

Jorge Buxadé Villalba

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 76

Jorge Buxadé Villalba

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.

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 six years of age who is illegally staying within its territory.

Or. en

Amendment 77

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 78

Jorge Buxadé Villalba

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 79

Jorge Buxadé Villalba

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 80

Jorge Buxadé Villalba

Proposal for a regulation

Point 19 – Chapter IV a

Text proposed by the Commission

Amendment

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

deleted

‘CHAPTER IV a

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

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

Article 14a

Collection and transmission of biometric data

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

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

(a) fingerprint data;

(b) a facial image;

(c) surname(s) and forename(s), name(s) at birth and previously used names and any aliases, which may be entered separately;

(d) nationality(ies);

(e) date of birth;

(f) place of birth;

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

(h) sex;

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

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

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

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

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

(n) operator user ID;

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

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

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

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

4. Non-compliance with the 72 hour time-limit referred to in paragraph 2 of this Article shall not relieve Member States of the obligation to take and transmit the biometric data to the to the CIR. Where the condition of the fingertips does not allow the taking of fingerprints of a quality ensuring appropriate comparison under Article 26, the Member State of origin shall retake the fingerprints of persons disembarked as described in paragraph 1 of this Article, and resend them as soon as possible and no later than 48 hours after they have been successfully retaken.

5. By way of derogation from paragraph 1, where it is not possible to take the biometric data of the disembarked person on account of measures taken to ensure his or her health or the protection of public health, the Member State concerned shall take and send such biometric data as soon as possible and no later than 48 hours after those health grounds no longer prevail.

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

6. As soon as the Member State of origin ensures that the person concerned whose data was recorded in Eurodac in accordance with paragraph 1 has left the territory of the Member States in compliance with a return decision or removal order, it shall update its data set recorded in conformity with paragraph 2 relating to the person concerned by adding the date of his or her removal or when he or she left the territory.

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

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 81

Jorge Buxadé Villalba

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 82

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

Or. en

Amendment 83

Jorge Buxadé Villalba

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 84

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 22 – Article 19 – title

Text proposed by the Commission

Amendment

Marking and blocking of data

Marking of data

Or. en

Amendment 85

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 22 – Article 19 – paragraph 1

Text proposed by the Commission

Amendment

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

1. For the purposes laid down in Article 1(1)(a) 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), 13(1) 14(1), or 14a(1). Those Member States of origin shall also mark the corresponding data sets.

Or. en

Amendment 86

Jorge Buxadé Villalba

Proposal for a regulation

Enacting terms – Point 22 – Article 19 – paragraph 2

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 87

Jorge Buxadé Villalba

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 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) 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 88

Jorge Buxadé Villalba

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 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 89

Jorge Buxadé Villalba

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 90

Jorge Buxadé Villalba

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 the coordinated supervision of Eurodac. The national supervisory authorities and the European Data Protection Supervisor shall apply a single model of coordinated supervision, as provided for in Article 62 of Regulation (EU) 2018/1725, for joint operations of supervisory authorities.

Or. en

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