14 Amendments of Anders VISTISEN related to 2018/0104(COD)
Amendment 72 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) In its Communication on “Enhancing security in a world of mobility: improved information exchange in the fight against terrorism and stronger external borders” (COM(2016)602), the Commission stressed the crucial importance of secure travel and identity documents wherever it is necessary to establish beyond doubt a person’s identity and announced that it would be presenting an action plan to tackle the phenomenon of travel document fraud. An improved approach will rely on robust systems to prevent abuses and the threats to internal security arising from failings in document security.
Amendment 73 #
Proposal for a regulation
Recital 5
Recital 5
(5) The 2016 Action Plan on document security of December addressed the risk from fraudulent identity cards and residence documents35 , and clearly states that the increasingly significant problem of travel document fraud has come under the spotlight in the context of the recent terrorist attacks in Europe and current migration flows. Document fraud has become an enabler of terrorism and organised crime, and is linked to the trafficking of human being and migrant smuggling. Therefore it is vital that the Union enhance the security of travel documents, including the underlying identity management infrastructure. Also, the 2017 Citizenship report committed to analysing policy options to improve the security of identity cards and residence documents. _________________ 35 COM(2016) 790 final.
Amendment 76 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) According to Frontex, 40682 EU ID cards and 13512 fraudulent EU residence permits (all types) were detected and reported within the European Document Fraud Risk Analysis Network (EDF-RAN) between 2013-April 2018. These figures include detections at the external EU borders as well as those on the secondary intra-EU/Schengen movements. In particular, in 2017 there were more than 8100 fraudulent ID cards reported by Member States representing the second highest since the beginning of 2013. The developments in 2018 indicate that the overall number for the whole 2018 will most probably not be lower than in 2017.
Amendment 79 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Interoperability of EU information systems for security, borders, and migration management is highly depending on enhanced document security, including for conducting identity checks by competent authorities within the Union.
Amendment 84 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) A considerable contrast is present between high and low level of security in Member States’ ID documents and related issuing procedures which cause difficulties in document checks and enlarges the risk of counterfeiting and fraud of these documents. European Document Fraud Risk Analysis Network statistics show that fraudulent European ID cards have increased over time.
Amendment 93 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) Fingerprints should be taken for children aged 6 and above, the age at which research shows that fingerprint recognition of children can be achieved with a satisfactory level of accuracy. The study conducted by the Commission's Joint Research Centre, on 'Fingerprint Recognition for children” of September 2013 indicates that fingerprints taken from children age six and above can be used in automated matching scenarios when sufficient care is taken to acquire good quality images. Moreover, a second study “Automatic fingerprint recognition: from children to elderly”, made available the data on the ageing and age effects on fingerprint recognition further reinforcing the conclusions of the previous study from 2013 that the recognition of children fingerprints from the age 6 years old is possible. Furthermore, the VIS study on lowering the age for fingerprinting and the COM proposal on Eurodac recast, go in the same direction.
Amendment 107 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should report on the implementation of this Regulation after threefour years after its date of application, including on the appropriateness of the level of security. In accordance with paragraphs 22 and 23 of the Interinstitutional Agreement on Better Law-Making41 the Commission should carry out an evaluation of this Regulation on the basis of information collected through specific monitoring arrangements in order to assess the actual effects of the Regulation and the need for any further action, including the use of more advanced and higher accuracy biometric technologies against new types of fraud such as the iris-recognition technology proposed in the European Court of Justice´s case law41a which puts the technology forward as the only real alternative to taking fingerprints and less intervening on the rights recognised by Articles 7 and 8 of the Charter. _________________ 41 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1–14. 41a Judgment of the Court of Justice of 17 October 2013, Schwarz v Stadt Bochum, C-291/12,ECLI:EU:C:2013:670.
Amendment 134 #
Proposal for a regulation
Article 3 – paragraph 5 – point a
Article 3 – paragraph 5 – point a
(a) children under the age of 126 years;
Amendment 136 #
Proposal for a regulation
Article 3 – paragraph 5 – point b
Article 3 – paragraph 5 – point b
(b) persons whose fingerprinting is permanently physically impossible.
Amendment 137 #
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1 (new)
Article 3 – paragraph 5 – subparagraph 1 (new)
Where the taking of the biometric data is temporarily impossible due to the condition of the fingertips or face, Member States may issue an identity card having a validity of a maximum of three months. Those persons, shall be subject to the issuance of a new ID card, as soon as those conditions no longer prevail.
Amendment 143 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Period of validity 1. Identity cards shall have a maximum period of validity of ten years. 2. Identity cards issued to minors that do not contain fingerprints shall be valid until their holder has reached the age of 6 years. 3. Where it is temporarily impossible to take fingerprints or a facial image in accordance with Article 3 paragraph 5 point a, identity cards shall have a maximum period of validity of 3 months.
Amendment 153 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
(2) Where difficulties are encountered inFor the purpose of ensuring compliance with the collection of biometric identifiers, Member States shall ensure that appropriate procedures are in place to guarantee the dignity of the person concerned, including administratives measures in according with national law. These measures shall be effective and proportionate and in full compliance with EU fundamental rights.
Amendment 167 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
(3 a) The provisions of this Article are without prejudice to the obligation of a residence card holder to use that document in conjunction with a valid passport, when entering the Union without a visa when they accompany or join an EU citizen, as provided for in Article 5 of Directive 2004/38/EC.
Amendment 195 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
(2) No sooner than six years after the date of application of this Regulation, the Commission shall carry out an evaluation of this Regulation and present a report on the main findings, in particular on the effectiveness of the combination of the two types of biometric technology in ensuring the security of travel and identity documents, with statistics of their success rates in detecting identity fraud and the necessity to further propose more advanced and higher accuracy biometric technologies against new types of identity fraud to the European Parliament, the Council and the European Economic and Social Committee. The evaluation shall be conducted according to the Commission's better regulation Guidelines.