39 Amendments of Péter NIEDERMÜLLER related to 2016/0132(COD)
Amendment 78 #
Proposal for a regulation
Recital 11
Recital 11
(11) The return of third-country nationals who do not have a right to stay in the Union, in accordance with fundamental rights as general principles of Union law as well as international law, including refugee protection and human rights obligations, and in compliance with the provisions of Directive 2008/115/EC26 , is an essential part of the comprehensive efforts to address migration and, in particular, to reduce and deter irregular migration. To increase the effectiveness of the Union system to return illegally staying third- country nationals is needed in order to maintain public trust in the Union migration and asylum system, and should go hand in hand with the efforts to protect those in need of protection. _________________ 26 Directive of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24,12,2008, p. 98.
Amendment 81 #
Proposal for a regulation
Recital 12
Recital 12
(12) National authorities in the Member States experience difficulties in identifying illegally staying third-country nationals who use deceptive means to avoid their identification and to frustrate the procedures for re-documentation in view of their return and readmission. It is thereforeIt is essential to ensure that information on third-country nationals or stateless persons who are found to be staying illegally in the EU are collected and transmitted to Eurodac and are compared also with those collected and transmitted for the purpose of establishing the identity of applicants for international protection and of third-country nationals apprehended in connection with the unlawful crossing of the external borders of the Union, in order to facilitate their identification and re-documentation and to ensure their return and readmission, and to reduce identity fraud. It should also contribute to reducing the length of the administrative procedures necessary for ensuring return and readmission of illegally staying third-country nationals, including the period during which they may be kept in administrative detention awaiting removal. It should also allow identifying third countries of transit, where the illegally staytng third-country national may be readmitted.
Amendment 83 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) Member States should have a reasonable deadline of 15 days after the end of authorised stays for fulfilling their obligations under this Regulation in respect of comparing, collecting and transmitting fingerprint and facial image data of illegally staying third-country nationals who entered by irregularly crossing the external border of the Schengen area.
Amendment 111 #
Proposal for a regulation
Recital 26
Recital 26
(26) The best interests of the minor should be a primary consideration for Member States when applying this Regulation. Where the requesting Member State establishes that Eurodac data pertain to a child, these data may only be used for law enforcement purposes byrelating to the prequesting Member State in accordance with that State's laws applicable to minors and in accordance with the obligation to give primary consideration to the best interests of the childvention, detection and investigation of child trafficking and for the protection of missing children and for taking measures for family tracing and reunification.
Amendment 119 #
Proposal for a regulation
Recital 30
Recital 30
(30) Member States should refer to the Commission's Staff Working Document on Implementation of the Eurodac Regulation as regards the obligation to take fingerprints adopted by the Council on 20 July 201534 , which sets out a best practice approach to taking fingerprints of irregular third-country nationals. and the European Union Agency for Fundamental Rights' (FRA) checklist to act in compliance with fundamental rights when obtaining fingerprints for Eurodac.34a Where a Member State's national law allows for the taking of fingerprints by force or coercion as a last resort, those measures must fully respect the EU Charter of Fundamental Rights. Third-country nationals and stateless persons who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image, except in duly justified circumstances that are permitted under national law. _________________ 34. _________________ 34 COM(2015) 150 final, 27.5.2015 COM(2015) 150 final, 27.5.2015 34aFRA(2015) Fundamental rights implications of the obligation to provide fingerprints for Eurodac, 22.10.2015
Amendment 153 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) assist with the control of illegal immigration to and secondary movements within the Union and with the identification of illegalrregularly staying third- country nationals and stateless persons for determining the appropriate measures to be taken by Member States, if applicable, including removal and repatriation of persons residing without authorisation or granting permanent resident status.
Amendment 162 #
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(c a) assist the Member States in protecting and identifying child victims of trafficking in human beings and in protecting and identifying missing children and taking measures for family tracing and reunification
Amendment 169 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Member States are obliged to take the fingerprints and facial image of persons referred to in Article 10(1), 13(1) and 14(1) for the purposes of Article 1(1)(a), (b) and (bca) of this Regulation and shall impose on the data-subject the requirement to provide his or her fingerprints and a facial image and inform them as such in accordance with Article 30 of this Regulation. Member States shall, at all times, respect the dignity and physical integrity of the person during the fingerprinting procedure and when capturing his or her facial image.
Amendment 175 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Taking fingerprints and facial images of minors from the age of six shall be carried out in a child-friendly and child- sensitive manner by officials trained specifically to enrol minor's fingerprints and facial images especially for the purpose laid down in point (ca) of Article 1(1). The minor shall be informed in written and oral form in an age- appropriate manner using leaflets and/or infographics and/or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors in a language they can understand and they shall be accompanied by a responsible adult, guardian or representative at the time their fingerprints and facial image are taken. At all times Member States must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image. Mental or physical coercion in order to coerce the taking of fingerprints or a facial image from minors or vulnerable persons shall not be allowed.
Amendment 185 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Member States may introduce, where appropriate, well justified administrative sanctions, in accordance with their national law and with full respect of the Charter of Fundamental Rights of the European Union, for non- compliance with the fingerprinting process and capturing a facial image in accordance with paragraph 1 of this Article. These sanctions shall be effective, proportionate and dissuasive. In this context, detention should only be used as a means of last resort in order to determine or verify a third-country national's identity, for as short a time as possible and necessary, should only be used as a means of last resort after effective counselling if there is no other way to determine or verify a third-country national's or stateless person's identity and there is a risk of absconding. Detention of minors shall be prohibited.
Amendment 191 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Without prejudice to paragraph 3 of this Article, where enrolment of the fingerprints or facial image is not possible from third-country nationals or stateless persons who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face, the authorities of that Member State shall not use sanctions to coerce the taking of fingerprints or a facial image nor mental or physical coercion. A Member State may attempt to re- take the fingerprints or facial image of a minor or vulnerable person who refuses to comply, where the reason for non- compliance is not related to the conditions of the fingertips or facial image or the health of the individual and where it is duly justified to do so. Where a minor, in particular an unaccompanied or separated minor refuses to give their fingerprints or a facial image and there are reasonable grounds to suspect that there are child safeguarding or protection risks, the minor shall be referred to the national child protection authorities and /or national referral mechanisms.
Amendment 216 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Eu-LISA shall be permitted to use real personal data of the Eurodac production system for testing purposes and in strict compliance with Article 17 of the Staff Regulations on professional secrecy for every person involved in the testing only in the following circumstances:
Amendment 224 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Each Member State shall keep a list of the designated authorities and communicate it without delay to the Commission and to eu-LISA. Eu-LISA shall publish the consolidated list in the Official Journal of the European Union. Where that list has been amended, eu- LISA shall publish once a year an updated consolidated list online.
Amendment 231 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes laid down in Article 1(1)(c), Europol shall designate a specialised unit with duly empowered Europol officials to act as its verifying authority, which shall act independently of the designated authority referred to in paragraph 2 of this Article when performing its tasks under this Regulation and shall not receive instructions from the designated authority as regards the outcome of the verification. The unit shall ensure that the conditions for requesting comparisons of fingerprints and facial images with Eurodac data are fulfilled. Europol shall designate in agreement with any Member State the National Access Point of that Member State whichWhere the conditions are fulfilled, Europol shall communicate its requests for comparison of fingerprint and facial image data to the Central System.
Amendment 234 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. For the purposes laid down in Article 1 (1)(c), Europol shall designate an operating unit that is authorised to request comparisons with Eurodac data through its designated National Access Point. The designated authority shall be an operating unit of Europol which is competent to collect, store, process, analyse and exchange information to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling within Europol's mandate.
Amendment 251 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The monthly statistical data for persons referred to in paragraph1(a) to (h) shall be published and made public by each month and shall contain a breakdown of the data subjects' year of birth and gender. At the end of each year, the yearly statistical data for persons referred to in paragraph 1(a) to (h) shall be published and made public by eu-LISA . The statistics shall contain a breakdown of data for each Member State.
Amendment 253 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every applicant for international protection of at least six years of age and shall, as soon as possible and no later than 72 hours after the lodging of his or her application for international protection, as defined by Article [21(2)]of Regulation (EU) No , transmit them together with the data referred to in Article 12 (c) to (n) of this Regulation to the Central System. The taking of fingerprints and capturing of facial images of children is especially for the purpose laid down in Article 1(1)(ca).
Amendment 261 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Fingerprint and facial image data may also be taken and transmitted by members of the European Border [and Coast] Guard Teams or by Member State asylum experts when performing tasks and exercising powers in accordance with [Regulation on the European Border [and Coast] Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC] and [Regulation (EU) No. 439/2010].
Amendment 267 #
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) nationality(ies) or presumed and declared nationality or status as stateless person in accordance with Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons;
Amendment 269 #
Proposal for a regulation
Article 12 – paragraph 1 – point g a (new)
Article 12 – paragraph 1 – point g a (new)
(g a) details of family links of minors, such as names of family members and accompanying persons or any other relevant information that could help with possible family tracing or reunification;
Amendment 275 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image 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. The taking of fingerprints and capturing of facial images of children is especially for the purpose laid down in Article 1(1)(ca).
Amendment 281 #
Proposal for a regulation
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
(d) nationality(ies) or presumed and declared nationality or status as stateless person in accordance with Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons;
Amendment 283 #
Proposal for a regulation
Article 13 – paragraph 2 – point g a (new)
Article 13 – paragraph 2 – point g a (new)
(ga) details of family links of minors, such as names of family members and accompanying persons or any other relevant information that could help for possible family tracing or reunification;
Amendment 290 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Fingerprint and facial image data may also be taken and transmitted by members of the European Border [and Coast] Guard Teams when performing tasks and exercising powers in accordance with [Regulation on the European Border [and Coast] Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC].
Amendment 294 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every third- country national or stateless person of at least six years of age who is found illegally staying within its territory. The taking of fingerprints and capturing of facial images of children is especially for the purpose laid down in Article 1(1)(ca).
Amendment 297 #
Proposal for a regulation
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) nationality(ies) or presumed and declared nationality or status as stateless person in accordance with Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons;
Amendment 298 #
Proposal for a regulation
Article 14 – paragraph 2 – point g a (new)
Article 14 – paragraph 2 – point g a (new)
(ga) details of family links of minors, such as names of family members and accompanying persons or any other relevant information that could help for possible family tracing or reunification.
Amendment 301 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Member States may waive the obligations laid down in paragraphs 1 and 2 in respect of illegally residing third- country nationals who entered by irregularly crossing the external border of the Schengen area and have overstayed the legal period of residence by no more than 15 days.
Amendment 346 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Data relating to a person who has acquired citizenship of any Member State before expiry of the period referred to in Article 17(1) , (2) or (3) shall be erased from the Central System in accordance with Article 28(4) as soon as t. The Member State of origin becomes aware thatshall be informed immediately if the person concerned has acquired such citizenship in order to erase the data.
Amendment 365 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. For the purposes laid down in Article 1(1)(c), the designated authorities referred to in Articles 6(1) and 8(2) may submit a reasoned electronic request as provided for in Article 21(1) together with the reference number used by them, to the verifying authority for the transmission for comparison of fingerprint and facial image data to the Central System, the designated authorities referred to in Article 6(1) via the National Access Point. Upon receipt of such a request, the verifying authority shall verify whether all the conditions for requesting a comparison referred to in Articles 21 or 22, as appropriate, are fulfilled.
Amendment 408 #
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
(c) the recipients or categories of recipients of the data;
Amendment 416 #
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 2
Article 30 – paragraph 2 – subparagraph 2
Where a person covered by Article 10(1), Article 13(1) and Article 14(1) is a minor, Member States shall provide the information in an age-appropriate manner and in a child-friendly environment.
Amendment 419 #
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 3
Article 30 – paragraph 3 – subparagraph 3
The leaflet shall be established in such a manner as to enable Member States to complete it with additional Member State- specific information. This Member State- specific information shall include at least the possible administrative sanctions under national law, which a person could face for non-compliance with the fingerprinting process and capturing a facial image, the rights of the data subject, the possibility of information and assistance by the national supervisory authorities, as well as the contact details of the office of the controller and of the data protection officer, and the national supervisory authorities.
Amendment 432 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third- country for persons related to Article 10(1), particularly where that country is also the applicant's country of origin.
Amendment 437 #
Proposal for a regulation
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
1. By way of derogation from Article 37 of this Regulation, theonly the necessary personal data relating to persons referred to in Articles 10(1), 13(2), 14(1) obtained by a Member State following a hit for the purposes laid down in Article 1(1)(a) or (b) may be transferred or made available to a third- country in accordance with Article 46 of Regulation (EU) No. […/2016], if necessary in order to prove the identity of third-country nationals for the purpose of return, only where the following conditions are satisfied:
Amendment 438 #
Proposal for a regulation
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
(c) the Member State of origin which entered the data in the Central System has given its consent and the individual concerned has been informed that his or her personal information maywill be shared with the authorities of athat third-country.
Amendment 440 #
Proposal for a regulation
Article 38 – paragraph 1 – point c a (new)
Article 38 – paragraph 1 – point c a (new)
(ca) a final decision on the third- country national's application for international protection has been taken.
Amendment 441 #
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
1a. Personal data which originated in a Member State and are exchanged between Member States following a hit obtained for the purposes laid down in Article 1(1)(a) and (b) shall not be transferred to third countries if there is a real risk that as a result of such transfer the data subject may be subjected to torture, inhuman and degrading treatment or punishment or any other violation of his or her fundamental rights.
Amendment 443 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third- country for persons related to Article 10(1), particularly where that country is also the applicant's country of origin.