Activities of Malin BJÖRK related to 2016/0132(COD)
Shadow reports (1)
REPORT 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)
Amendments (106)
Amendment 38 #
Proposal for a regulation
–
–
The European Parliament rejects the Commission proposal.
Amendment 40 #
(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.
Amendment 43 #
Amendment 50 #
(5a) ‘It is also necessary to introduce provisions that would ensure that the functioning of that system within the interoperability framework established by Regulations (EU) 2019/81725 and 2019/818 26 of the European Parliament and of the Council is conducted under the provisions of the current Regulation in compliance with Regulation 2016/679 on General Data Protection and notably the principles of necessity, proportionality and purpose limitation. In addition, it is necessary to introduce clear provisions by which the designated national authorities of the Member States as well as the Union bodies which have access to Eurodac, would only be able to see the data which are strictly relevant for the performance of their specific task. __________________ 25Regulation (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 26Regulation (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
Amendment 53 #
Amendment 55 #
(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.’;. In order to specify the content of these statistics, delegated powers should be conferred on the Commission.
Amendment 61 #
Amendment 64 #
Amendment 70 #
Amendment 74 #
(b) assist with the purpose of identifying secondary movements of resettled third-country nationals in the application of Regulation (EU) XXX/XXX [Resettlement Regulation] under the conditions set out in this Regulation;
Amendment 75 #
Amendment 80 #
Amendment 81 #
Amendment 82 #
Amendment 85 #
Amendment 91 #
2a. Collection and processing of personal data within Eurodac by competent authorities shall not result in discrimination against persons covered by Articles 10, 13, 14 and 14a on the grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation or gender expression. This Regulation shall fully respect human dignity and the fundamental rights and principles recognised by the Charter of Fundamental Rights of the European Union, including the right to respect for one’s private life, to the protection of personal data, to asylum, to non- refoulement and the prohibition of torture, inhuman or degrading treatment. Particular attention shall be paid to children, the elderly, persons with a disability and persons in need of international protection. The best interests of the child shall be a primary consideration.
Amendment 93 #
Amendment 94 #
(a) point (aa) is added in paragraph 1: (aa) 'resettled third-country national or stateless person’ means a third-country national or stateless person who, following a resettlement procedure in accordance with national law or with [Regulation XXX/XXX], arrives on the territory of the Member State of resettlement.
Amendment 95 #
(b) in paragraph 1, the following points (p), (q), (r) and (ra) are added:
Amendment 97 #
(q) “identity data” means the data referred to in Article 12(c) to (f) and (h), Article 13(2) (c) to (f) and (h), and Article 143(2) (c) to (f) and (h) and Article 14a(c) to (f) and (h);
Amendment 99 #
(r) “dataset” means the set of information recorded in Eurodac on the basis of Articles 12, 13, 14 or 14a3, corresponding to one set of fingerprints of a data subject and composed of biometric data, and alphanumeric data and, where available, a scanned colour copy of an identity or travel document.;
Amendment 101 #
(ra) “child” means every human being below the age of eighteen years as defined in the Convention on the Rights of the Child as adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 and entered into force 2 September 1990.
Amendment 103 #
2. The CIR shall contain the data referred to in Article 12, points (a) to (f), (h) and (i), Article 13(2) (a) to (f), (h), and (i), and Article 143(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.
Amendment 106 #
4. Each Member State shall have a single National Access Point. Europol shall have a single Europol access point.
Amendment 108 #
5. Data on persons covered by Articles 10(1), 13(1), 14(1) and 14a3(1), which are processed in the Central System shall be processed on behalf of the Member State of origin under the conditions set out in this Regulation and separated by appropriate technical means.
Amendment 110 #
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, tThe comparison of fingerprints shall be checked and confirmed by a fingerprint expert in accordance with Article 26. When the receiving Member State confirms the hit, it shall send a notification to eu-LISA that will confirm the linking. The linking of datasets shall in no circumstances prolong the data storage referred to in Articles 17 and 18 of this Regulation beyond the prescribed period for each specific set of data, that cannot exceed five years from the date on which the biometric data were first taken. The existence of the link should be automatically deleted once the record is deleted and it should not be visible to competent national authorities or EU bodies. When Member States designated authorities and EU bodies query the CIR or the Eurodac Central System they shall only have the right to access the data strictly necessary for conducting their specific tasks even if those are linked with other records in the sequence.
Amendment 115 #
Amendment 119 #
Amendment 122 #
Access to Eurodac by the competent visa For the purpose of manually verifying hits triggered by the automated queries carried out by the Visa Information System in accordance with Articles [9a and 9c] of Regulation (EC) No 767/2008 and examining and deciding on visa applications in accordance with Article 21 of Regulation (EC) No 810/2009 of the European Parliament and of the Council30 , the competent visa authorities shall have access to Eurodac to consult data in a read-only format. __________________ 30Regulation (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. 1–58rticle 8c deleted authorities
Amendment 124 #
Amendment 128 #
(c) the number of data sets transmitted on persons referred to in Articles 10(1), 13(1), 14(1) and 14a3(1) ;
Amendment 130 #
Amendment 133 #
Amendment 137 #
Amendment 139 #
Amendment 143 #
Amendment 145 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
Amendment 147 #
Amendment 152 #
(i) the number of data sets marked and unmar, blocked, unmarked and unblocked in accordance with Article 19(1), (2), (3) and (4);
Amendment 155 #
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
Amendment 155 #
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. All data for persons shall be anonymised and the production of statistical data shall be conditioned upon provisions on the possible rectification of incorrect data.
Amendment 158 #
Amendment 162 #
These statistics shall be made available to the Commission, to the European Parliament, to the [European Union Agency for Asylum], to the European Border and Coast Guard Agency and to the Member States. The Commission shall, by means of implementingdelegated 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)statistics.
Amendment 164 #
4. At the request of the Commission, eu-LISA shall provide it with statistics on specific aspects related to the application of this Regulation as well as the statistics pursuant to paragraph 1. The Commission shall make them available to the European Parliament and shall, upon request, make them available to a Member State and to the [European Union Agency for Asylum].
Amendment 166 #
Proposal for a regulation
Article 2 – title
Article 2 – title
Obligation to take fingerprints and a facial image(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 168 #
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.’;
Amendment 171 #
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) and (b) 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.
Amendment 172 #
1. Each Member State shall take the biometric data of every applicant for international protection of at least sixeighteen years of age during the screening asupon the registration of the application for international protection referred to in Article 27 of Regulation (EU) No XXX/XXX [Screening Regulation] or, whAsylum Procedure Regulation] and shall, as soon as possible and no later than 72 hours aftere 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 have been taken , transmit them together with the data referred to in Article 12 (c) to (p) of this Regulation to the Central System and to the CIR as appropriate in accordance with Article 4(2). Member States shall, at all times, respect the dignity and physical integrity of all the applicants, regardless of age, during the fingerprinting procedure and when capturing a facial image and shall not use coercion to compel the taking of biometric data. In the case of taking biometric data of children, this has to be done in full respect of the best interests of the child under the principles established by the United Nations Convention on the Rights of the Child, in a child-friendly and child- appropriate and gender-appropriate manner by officials specifically trained. The child shall be informed in an age- appropriate manner, both orally and in writing, using leaflets and infographics and demonstrations specifically designed in a language he or she can understand. The child shall be accompanied by a resposnsible and no later than 72 hours after tdult or legal guardian throughout the time his or her biometric data have been taken , transmit them together with the data referred to in Article 12 (c) to (p)are taken. At all times Member States shall respect the dignity and physical integrity of the child during the taking of biometric data. The use of coercion to compel the taking of tchis Regulation to the Central System and to the CIR as appropriate in accordance with Article 4(2). ldren’s biometrics and detention of children shall be prohibited. This and the next paragraph are to be considered as horizontal for all cases of taking of biometric data.
Amendment 175 #
Amendment 179 #
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].
Amendment 182 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Member States may introduce administrative sanctions, in accordance with their national law, forIn cases of 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, Member States shall offer further counselling and information regarding the fingerprinting procedure, the rights of the person concerned and the possible implications of non-compliance.
Amendment 184 #
Amendment 186 #
4. Where paragraphs 1 or 3 of this Article or Article 19(6) apply, the Central System shall, as soon as possible and no later than within 72 hours, inform all Member States of origin of the transmission of such data by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 10(1), 13(1), 14(1) or 14a3(1). Those Member States of origin shall also update the Member State responsible in their corresponding data sets.’;
Amendment 189 #
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 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 States shall not use sanctions to coerce the taking of fingerprints or a facial image. A Member State may attempt to re- take the fingerprints or facial image of a minor or vulnerablef a 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, and it shall be done in an age- appropriate manner as provided for in Article 2(2). 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, as assessed by an official trained specifically to deal with minors, the minor shall be referred to the national child protection authorities and /or national referral mechanisms.
Amendment 191 #
Amendment 195 #
Amendment 198 #
Amendment 199 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) 'illegalrregular stay' means the presence on the territory of a Member State, of a third- country national who does not fulfill, or no longer fulfils the conditions of entry as set out in Article 5 of the Schengen Borders Code or other conditions for entry, stay or residence in that Member State; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 200 #
Amendment 202 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
Amendment 202 #
2. A data set pursuant to paragraph 1 is considered created for the purpose of Article 27(1) of Regulation (EU) 818/2019 when all the data in points (a) to (f) and (h) are recorded.’;ll persons registered in Eurodac shall be informed of the storage of their data and the flags relating to them in accordance to the right of information and in order to exercise their right to rectification or erasure.
Amendment 203 #
Amendment 204 #
1. Each Member State shall promptly take the biometric data of every third- country national or stateless person of at least sixeighteen 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. Member States shall, at all times, respect the dignity and physical integrity of all the applicants, regardless of age, during the fingerprinting procedure and when capturing a facial image and shall not use coercion to compel the taking of biometric data. In the case of taking biometric data of children, this has to be done in full respect of the best interests of the child under the principles established by the United Nations Convention on the Rights of the Child, in a child-friendly and child- appropriate and gender-appropriate manner by officials specifically trained. The child shall be informed in an age- appropriate manner, both orally and in writing, using leaflets and infographics and demonstrations specifically designed in a language he or she can understand. The child shall be accompanied by a responsible adult or legal guardian throughout the time his or her biometric data are taken. At all times Member States shall respect the dignity and physical integrity of the child during the taking of biometric data. The use of coercion to compel the taking of children’s biometrics and detention of children shall be prohibited.
Amendment 205 #
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
Amendment 207 #
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
Amendment 210 #
Proposal for a regulation
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
Amendment 211 #
Amendment 214 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 216 #
Amendment 219 #
Amendment 221 #
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].
Amendment 224 #
Amendment 225 #
Proposal for a regulation
Article 7
Article 7
Amendment 229 #
Proposal for a regulation
Article 8
Article 8
Amendment 231 #
Amendment 239 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) the number of hits for persons referred to in Article 10(1) who have subsequently lodged an application for international protection in another Member State , who were apprehended in connection with the irregular crossing of an external border and who were found illegally staying in a Member State ;
Amendment 242 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) the number of hits for persons referred to in Article 13(1) who have subsequently lodged an application for international protection who were apprehended in connection with the irregular crossing of an external border and who were found illegally staying in a Member State ;
Amendment 244 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) the number of hits for persons referred to in Article 14(1) who had previously lodged an application for international protection in another Member State , who were apprehended in connection with the irregular crossing of an external border and who were found illegally staying in a Member State ;
Amendment 245 #
1. As soon as the Member State of relocation is obliged to relocate the person concerdetermined 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 3of this Regulation relating to the person concerned by adding the Member State of relocation.
Amendment 247 #
2. When a person arrives in the Member State of relocation following the confirmation by the Member State of relocation to relocate the person concerned pursuant to Article 57(7) of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management], that Member State shall send a data set recorded in conformity with Articles 12 or 14 of this Regulation relating to the person concerned and shall include his or her date of arrival. The data set shall be stored in accordance with Article 17 (1) for the purpose of transmission under Articles 15 and 16.’;
Amendment 249 #
Amendment 251 #
(aa) the following paragraph 1a is inserted: '1a. For the purposes laid down in Article 12a, each set of data relating to a resettled third-country national or stateless person shall be kept in the Central System for five years from the date on which the fingerprints were taken.'
Amendment 253 #
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), 13(1), 14(1),2(b) or 14a3(1) . Those Member States of origin shall also mark the corresponding data sets.
Amendment 254 #
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 six14 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. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 255 #
2. The data of beneficiaries of international protection stored in the Central System and in the CIR as appropriate and marked pursuant to paragraph 1 of this Article shall not be made available for comparison for the purposes laid down in Article 1(1)(d) until such data is automatically erased from the Central System and from the CIR as appropriate in accordance with Article 17(4). . The Central System shall automatically block such data from being transmitted in the even of a request for comparisons for the purposes laid down in Article 1(1)(d), whilst leaving those data available for comparison for the purposes laid down in Article 1(1)(a) until the point of their erasure. Blocked data shall not be transmitted and the Central System shall return a negative result to the requesting Member State in the event of a hit.
Amendment 257 #
3. The Member State of origin shall unmark or unblock data concerning a third-country national or stateless person whose data were previously marked or blocked in accordance with paragraphs 1 or 2 of this Article if his or her status is withdrawnrevoked or ended or the renewal of his or her status is refused under [Articles 14 or 2019 of Regulation No (EU) XXX/XXX [Qualification RegulationDirective 2011/95/EU].
Amendment 258 #
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 14a3(1). Those Member States of origin shall also mark the corresponding data sets.
Amendment 259 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 261 #
5. The data of illegally staying third- country nationals or stateless persons stored in the Central System and in the CIR and marked pursuant to paragraph 4 of this Article shall not be made available for comparison for the purposes laid down in Article 1(1)(d) until such data is automatically erased from the Central System and from the CIR in accordance with Article 17 (4)The Central System shall automatically block such data from being transmitted in the even of a request for comparisons for the purposes laid down in Article 1(1)(d), whilst leaving those data available for comparison for the purposes laid down in Article 1(1)(a) until the point of their erasure. Blocked data shall not be transmitted and the Central System shall return a negative result to the requesting Member State in the event of a hit.
Amendment 263 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
Amendment 273 #
Proposal for a regulation
Chapter 3 – title
Chapter 3 – title
Amendment 274 #
Proposal for a regulation
Article 13
Article 13
Amendment 279 #
Without prejudice to Article 31 of Regulation (EC) No 767/2008, Articles 25 and 26 of Regulation (EU) 2016/794, and Articles 37 and 38 of Regulation (EU) XXX/XXX [Eurodac Regulation], Article 41 of Regulation (EU) 2017/2226, Article 65 of Regulation (EU) 2018/1240 and the querying of Interpol databases through the ESP in accordance with Article 9(5) of this Regulation which comply with the provisions of Chapter V of Regulation (EU) 2018/1725 and Chapter V of Regulation (EU) 2016/679, personal data stored in, processed or accessed by the interoperability components shall not be transferred or made available to any third country, to any international organisation or to any private party.’;
Amendment 280 #
Amendment 292 #
Proposal for a regulation
Chapter 4 – title
Chapter 4 – title
THIRD-COUNTRY NATIONALS OR STATELESS PERSONS FOUND ILLEGALRREGULARLY STAYING IN A MEMBER STATE
Amendment 295 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. With a view to checking whether a third-country national or a stateless person found irregularly staying within its territory has previously lodged an application for international protection in another Member State, a Member State may transmit to the Central System any fingerprint data relating to fingerprints which it may have taken of any such third-country national or stateless person of at least 14 years of age together with the reference number used by that Member State.
Amendment 296 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
Amendment 307 #
Proposal for a regulation
Chapter 5 – title
Chapter 5 – title
PROCEDURE FOR COMPARISON OF DATA FOR APPLICANTS FOR INTERNATIONAL PROTECTION AND THIRD-COUNTRY NATIONALS APPREHENDED CROSSING THE BORDER IRREGULARLY OR ILLEGALIRREGULARLY STAYING IN THE TERRITORY OF A MEMBER STATE
Amendment 308 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Fingerprint and facial image data transmitted by any Member State, with the exception of those transmitted in accordance with Article 11(b) and (c) , shall be compared automatically with the fingerprint data transmitted by other Member States and already stored in the Central System in accordance with Article 10(1), 13(1) and 14(1) .
Amendment 317 #
Proposal for a regulation
Article 16
Article 16
Amendment 377 #
Proposal for a regulation
Article 22
Article 22
Amendment 398 #
Proposal for a regulation
Article 26 – paragraph 5 – subparagraph 1
Article 26 – paragraph 5 – subparagraph 1
Amendment 422 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The right of access of the data subject in each Member State shall include the right to obtain communication of the data relating to him or her recorded in the Central System and of the Member State which transmitted them to the Central System. Such access to data may be granted only by a Member State. For the purposes laid down in Article 1(1), in each Member State, any person may request that data which are factually inaccurate be corrected or that data recorded unlawfully be erased. The correction and erasure shall be carried out without excessive delay by the Member State which transmitted the data, in accordance with its laws, regulations and procedures.
Amendment 430 #
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 436 #
Proposal for a regulation
Article 38
Article 38
Amendment 448 #
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4