34 Amendments of Claude MORAES related to 2008/0242(COD)
Amendment 20 #
Amendment 24 #
Amendment 35 #
Proposal for a regulation
Recital 4
Recital 4
(4) For the purposes of applying Council Regulation (EC) No […/…] [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], it is necessary to establish the identity of applicants for international protection and of persons apprehended in connection with the unlawfulauthorised crossing of the external borders of the Community. It is also desirable, in order to effectively to apply the Council Regulation (EC) No […/…] [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], and in particular points (b) and (d) of Article 18(1) thereof, to allow each Member State to check whether a third -country national or stateless person found illegally presepresent as an irregular migrant on its territory has applied for international protection in another Member State.
Amendment 37 #
Proposal for a regulation
Recital 11
Recital 11
(11) The conservation period should be shorter in certain special situations where there is no need to keep fingerprint data for that length of time. Fingerprint data should be erased immediately once third -country nationals or stateless persons obtain citizenship of a Member State, or are granted long-term residence status by a Member State.
Amendment 40 #
Proposal for a regulation
Recital 24
Recital 24
(24) This Regulation respects and has to be applied in accordance with the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for human dignity, the protection of personal data and the right to asylum and to promote the application of Articles 81, 4, 6, 8, 18, 19 and 1824 of the Charter.
Amendment 41 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The procedure for taking fingerprints shall be determined and applied in accordance with the national practice of the Member State concerned and in accordance with the safeguards laid down in Articles 1, 4, 6, 8, 18, 19 and 24 of the Charter of Fundamental Rights of the European Union, in Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms and in Articles 22, 37 and 40 of the United Nations Convention on the Rights of the Child, and in particular ensuring full respect for human dignity.
Amendment 44 #
Proposal for a regulation
Recital 26
Recital 26
(26) For the purposes of protection of personal data, and to exclude systematic comparisons which should be forbidden, the processing of EURODAC data should only take place on a case-by-case basis and when it is necessary for the purposes of preventing, detecting and investigating terrorist offences and other serious criminal offences. In addition access should only be allowed when comparisons with the national databases of the Member State, the Visa Information System and with the Automated Fingerprint Databases of other Member States under the Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime have returned negative results. This condition requires prior implementation of the Council Decision as it shall not be permitted to conduct a EURODAC check for law enforcement purposes where these above steps have not been first undertaken. A specific case exists in particular when the request for comparison is connected to a specific and concrete situation or to a specific and concrete danger associated with a terrorist or other serious criminal offence, or to specific persons in respect of whom there are serious grounds for believing that the persons will commit or have committed terrorist offences or other serious criminal offences. A specific case also exists when the request for comparison is connected to a person who is a victim of a terrorist or other serious criminal offence. The designated authorities and Europol should thus only request a comparison with EURODAC when they have reasonable grounds to believe that such a comparison will provide information that will substantially assist them in preventing, detecting or investigating a terrorist or other serious criminal offence.
Amendment 44 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Data relating to a person who has acquired citizenship of any Member State or has been issued a long-term residence permit by a Member State, before expiry of the period referred to in Article 8 shall be erased from the Central System, in accordance with Article 20(3) as soon as the Member State of origin becomes aware that the person has acquired such citizenship or long-term resident status.
Amendment 47 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Each Member State shall, in accordance with the safeguards laid down in the European Convention on Human Rights and inArticles 1, 4, 6, 8, 18, 19 and 24 of the Charter of Fundamental Rights of the European Union, in Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and in Articles 22, 37 and 40 of the United Nations Convention on the Rights of the Child promptly take the fingerprints of all fingers of every third -country national or stateless person of at least 14 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.
Amendment 50 #
(33) Transfers of data obtained pursuant to this Decision to third countries or international organisations or private entities should be prohibited, in order to ensure the right to asylum and to safeguard applicants for international protection from having their data disclosed to any third country. This prohibition shall be without prejudice to the right of Member States to transfer such data to third countries to which Regulation (EU) No […/…] [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] applies, in order to ensure that Member States have the possibility of cooperating with such third countries for the purposes of this Regulation. This right should not apply to transfers of data to third countries in the context of law enforcement.
Amendment 51 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Where final identification in accordance with paragraph 4 reveals that the result of the comparison received from the Central System is inaccurate, Member States shall communicate this fact to the Commission and, to the Management Authority and to the European Data Protection Supervisor.
Amendment 53 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1 – introductory part
Article 23 – paragraph 1 – subparagraph 1 – introductory part
1. A person covered by this Regulation shall be informed by the Member State of origin in writing, and where appropriate, orally, in a language which he or she is reasonably supposed to understands of the following:
Amendment 56 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The European Data Protection Supervisor shall check that the personal data processing activities of the Management Authority are carried out in accordance with this Regulation. The duties and powers referred to in Articles 46 and 47 of Regulation (EC) No 45/2001 shall apply accordingly. The European Data Protection Supervisor may request any information from the Management Authority considered to be necessary to carry out the functions entrusted to it under that Regulation.
Amendment 61 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 69 #
Proposal for a regulation
Article 2 – paragraph 1 – point l
Article 2 – paragraph 1 – point l
(l) 'fingerprint data' means the data relating to fingerprints of all or at least the index fingers, and if those are missing, the prints of all other fingers of a person, or a latent.
Amendment 75 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Agency, shall be responsible for the operational management of EURODAC. The Agency shall ensure, in cooperation with the Member States, that at all times the best available technologyiques, subject to a cost-benefit analysis, is used for the Central System.
Amendment 79 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. For the purposes laid down in Article 1(2), Member States shall designate the authorities which are authorised to access EURODAC data pursuant to this Regulation. Designated authorities shall be authorities of the Member States which are responsible for the prevention, detection or investigation of terrorist offences and other serious criminal offences.
Amendment 83 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall designate a single national body to act as its verifying authority. The verifying authority shall be an authority of the Member State which is responsible for the prevention, detection or investigation of terrorist offences and other serious criminal offences and shall be independent from the designated authorities referred to in Article 5.
Amendment 85 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The verifying authority shall perform its duties and tasks independently and shall neither seek nor receive instructions as regards the exercise of the verification.
Amendment 89 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Europol shall designate a specialised unit with duly empowered Europol officials to act as its verifying authority, which will neither seek nor receive instructions as regards the exercise of the verification, and shall designate in agreement with any Member State the National Access Point of that Member State which shall communicate its requests for comparison of fingerprint data to the Central System.
Amendment 106 #
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. Once the results of the comparison have been transmitted to the Member State of origin, the Central System shall immediately: (a) erase the fingerprint data and other data transmitted to it pursuant to paragraph 1; and (b) destroy the media used by the Member State of origin for transmitting the data to the Central System, unless the Member State of origin has requested their return.
Amendment 112 #
Proposal for a regulation
Article 18
Article 18
Amendment 115 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The designated authorities referred to in Article 5(1) and Europol may submit a reasoned electronic request as provided for in Article 20(1) to the verifying authority for the transmission for comparison of fingerprint data to the EURODAC Central System via the National Access Point. Upon receipt of such a request, the verifying authority shall verify whether the conditions for requesting a comparison referred to in Article 20 or Article 21, as appropriate, are fulfilled.
Amendment 119 #
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. Designated authorities may request the comparison of fingerprint data with those stored in the EURODAC central database within the scope of their powers only if comparisons of national fingerprint databases, the Visa Information System and of the Automated Fingerprint Databases of at least a third of other Member States under Decision 2008/615/JHA return negative results and where all the following cumulative conditions are met:
Amendment 123 #
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) there is an overriding public security concern which makes proportionate the querying of a database registering persons with a clean criminal record, and there are reasonable grounds to consider that such comparison with EURODAC data will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question because there are serious grounds to believe that persons in respect of whom comparison with EURODAC is requested will commit or have committed terrorist offences or other serious criminal offences or are victims of a terrorist or serious criminal offence.
Amendment 125 #
Proposal for a regulation
Article 20 – paragraph 1 – point c a (new)
Article 20 – paragraph 1 – point c a (new)
(ca) there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist or other serious criminal offence has applied for international protection.
Amendment 136 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. A person covered by this Regulation shall be informed by the Member State of origin in writing, and where appropriate, orally, in a language which he or she understands or may reasonably be presumed to understand of the following:
Amendment 138 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) regarding the purpose for which his or her data will be processed within EURODAC including a description of the aims of the Dublin Regulation, in accordance with Article 4 of that Regulation and a full and clear explanation of the access that may be granted to law enforcement authorities and Europol for law enforcement purposes.
Amendment 144 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
Amendment 150 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Personal data obtained pursuant to this Regulation from EURODAC for the purposes as laid down in Article 1(2) shall only be processed for the purposes of the prevention, detection and investigation of terrorist offences or of other serious criminal offenceshe specific criminal investigation for which the data has been requested by that Member State, or Europol.
Amendment 153 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Personal data, as well as the record of the search, obtained by a Member State or Europol pursuant to this Regulation from EURODAC shall be erased in all national and Europol files after a period of one month, if the data are not required for athe purposes of the specific ongoing criminal investigation for which the data has been requested by that Member State, or Europol.
Amendment 161 #
Personal data obtained by a Member State or Europol pursuant to this Regulation, including personal data obtained by a Member State and processed further in national databases for law enforcement purposes, from the EURODAC central database shall not be transferred or made available to any third country or international organisation or a private entity established in or outside the European Union. This prohibition shall be without prejudice to the right of Member States to transfer such data to third countries to which the Dublin Regulation applies provided that the Member State transferring such data has obtained the commitment of the third country that it will not transfer or made available to any third country or international organisation or a private entity established in or outside the European Union this personal data.
Amendment 172 #
Proposal for a regulation
Article 40 – paragraph 5
Article 40 – paragraph 5
5. Three years after the start of application of this Regulation as provided for in Article 46(2) and every four years thereafter, the Commission shall produce an overall evaluation of EURODAC, examining the results achieved against objectives and the impact on fundamental rights and assessing the continuing validity of the underlying rationale, and any implications for future operations, including whether the operation of the search functionality for law enforcement purposes will have led to the stigmatisation of persons seeking international protection, as well as make any necessary recommendations. The Commission shall transmit the evaluation to the European Parliament and the Council.
Amendment 177 #
Proposal for a regulation
Article 40 – paragraph 8
Article 40 – paragraph 8
8. Each Member State and Europol shall prepare annual reports on the effectiveness of the comparison of fingerprint data with EURODAC data for law enforcement access purposes, containing information and statistics on the exact purpose of the comparison, including the type of a terrorist offence or a serious criminal offence, grounds given for reasonable suspicion, number of requests for comparison, the number and type of cases which have ended in successful identifications and on the need and use made of the exceptional case of urgency as well as on those cases where that urgency was not accepted by the ex post verification carried out by the verifying authority. Such reports shall be transmitted to the Commission. Based on these annual reports and in addition to the overall evaluation provided for in paragraph 5, the Commission shall compile an annual report on law enforcement access to EURODAC and shall transmit the evaluation to the European Parliament, the Council and the EDPS.