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DRAFT REPORT (COM(2016)0272 – C80179/2016 – 2016/0132(COD))

On the proposal for a regulation of the European Parliament and of the Council on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, for identifying an illegally staying third-country national or stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes (recast)

LIBE-PR-597620

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Monica Macovei

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This is the rapporteur's draft report on the proposed Eurodac regulation, which recasts the fingerprint database for asylum, illegal stay and law enforcement purposes. It proposes amendments to widen the data used to biometric and alphanumeric data, give Europol direct access, and add child safeguards. The draft supports extending Eurodac to illegally staying third-country nationals and stateless persons, and to return and readmission. It requires Member States to take biometric data of persons from the age of six and to use facial images where fingerprints cannot be taken. It proposes that national law enforcement authorities and Europol may compare biometric or alphanumeric data with Eurodac, and that Europol gets simplified direct access, balanced by data protection safeguards and records of searches. It moves DubliNet and its operational management by eu-LISA into a new article and a new chapter amending Regulation (EU) No 1077/2011, and requires encrypted transmission of personal data.

Committee position. The rapporteur proposes to amend the Commission proposal to extend Eurodac's scope, allow biometric and alphanumeric data comparisons, give Europol simplified direct access with data protection safeguards, add child safeguards, and move DubliNet to a new article with a corresponding amendment to Regulation (EU) No 1077/2011.

Key points

  1. Parliament's amended version would extend Eurodac's purpose to controlling illegal immigration and secondary movements and identifying illegally staying third-country nationals and stateless persons for removal, repatriation and return measures.
  2. It would allow Member States' designated authorities and Europol to request comparison of biometric or alphanumeric data with Eurodac for preventing, detecting or investigating terrorist offences or other serious criminal offences.
  3. It would give Europol the right to access and search Eurodac directly, without going through a Member State's National Access Point, and would delete the requirement for prior verification by a verifying authority.
  4. It would require Europol to keep records of all searches and access, make them available to its Data Protection Officer and the European Data Protection Supervisor, and limit access to duly authorised officials.
  5. It would allow Europol to transfer personal data to third countries, international organisations or private entities only where strictly necessary and proportionate, in accordance with Regulation (EU) 2016/794 and with the consent of the Member State of origin.
  6. It would require Member States to take biometric data of minors from the age of six in a child-friendly manner, inform them orally and in writing with leaflets, infographics or demonstrations, and have them accompanied by a responsible adult.
  7. It would require Member States to introduce effective, proportionate and dissuasive administrative sanctions for non-compliance with fingerprinting and facial image capture, with detention only as a last resort.
  8. It would require a Member State to compare facial image data where fingerprints cannot be taken, and to retake and resend fingerprints no later than 48 hours after successful retaking.
  9. It would require hits from facial image comparisons to be verified by a trained official, and allow Member States to check facial image results where a hit is received for both fingerprints and facial images.
  10. It would require eu-LISA to publish monthly and yearly statistics broken down by sex and age, and to set up a central repository for customised reports and statistics accessible to the Commission, Member States and other Justice and Home Affairs agencies.
  11. It would prohibit transfers of personal data from the Central System to third countries, international organisations or private entities, except in individual cases to assist with identification for return under strict conditions.
  12. It would move DubliNet into a new article, task eu-LISA with its operational management, and amend Regulation (EU) No 1077/2011 to add this responsibility.

Who is affected

  • Applicants for international protection, illegally staying third-country nationals and stateless persons, whose biometric and alphanumeric data would be stored and compared.
  • Minors from the age of six, whose biometric data would be taken with child-specific safeguards and information.
  • National law enforcement authorities and Europol, which would gain access to Eurodac data for law enforcement purposes.
  • Member States, which would have to take and transmit data, apply sanctions and share information for return.
  • eu-LISA, which would operate DubliNet and host a central statistics repository.

Figures and deadlines

  • Age of six: the age from which biometric data of minors would be taken.
  • 72-hour time-limit: deadline for taking and transmitting biometric data, whose non-compliance does not relieve Member States of the obligation.
  • 48 hours: deadline for resending retaken fingerprints after successful retaking.
  • Five days a week during normal business hours: availability of DubliNet and its helpdesk.

Legal basis: Article 294(2) and Article 78(2)(e), Article 79(2)(c), Article 87(2)(a), and Article 88(2)(a) of the Treaty on the Functioning of the European Union.