16 Amendments of Rachida DATI related to 2016/0132(COD)
Amendment 73 #
Proposal for a regulation
Recital 10
Recital 10
(10) To assist Member States overcome challenges relating to non-compliance with the fingerprinting process, this Regulation also permits the comparison of a facial image without fingerprints as a last resort, where it is impossible to take the fingerprints of the third-country national or stateless person because his or her fingertips are damaged, either intentionally or not, or amputated. If the physical impossibility to give fingerprints is of a temporary nature, it should be recorded and the fingerprinting process should be carried out at a later stage when the physical integrity of the fingertips is restored. Member States should exhaust all attempts to ensure that fingerprints can be taken from the data- subject before a comparison using a facial image only can be carried out where non- compliance based on reasons not relating to the conditions of the individual's fingertips are given. Where facial images are used in combination with fingerprint data, it allows for the reductionwith sufficient image resolution and quality to be used in automated biometric matching are used in combination with fingerprint data, it should be possible to consider reducing the number of fingerprints registered while, provided that this enablinges the same result in terms of accuracy of the identification.
Amendment 90 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) The European Border and Coast Guard Agency, as established by Regulation (EU) 2016/1624 of the European Parliament and of the Council1a , plays a key role in the Union efforts for a better management of external borders, the prevention of irregular immigration and secondary movement. Consequently, the European Border and Coast Guard Agency should be provided with access to Eurodac data in order to be able to undertake risk analyses to the highest possible standards and assisting Member States with return- related tasks. The processing of those data shall be carried out in compliance with the data protection safeguards provided for in Regulation (EU) 2016/1624. _________________ 1aRegulation (EU) 2016/1624 of the European Parliament and the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p.1).
Amendment 91 #
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13 b) As one of the main tasks of the European Border and Coast Guard Agency and the future European Union Agency for Asylum, laid down in this Regulation, is the taking and transmitting of biometric data. The European Border and Coast Guard Agency and the European Union Agency for Asylum should be provided with an own interface in order to not be reliant on national infrastructures anymore. In the long run, these interfaces could be used as a single search interface, as described in the Commission Communication of 6 April 2016 entitled "Stronger and Smarter Information Systems for Borders and Security"1a . _________________ 1a COM(2016) 205 final
Amendment 97 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) The High Level Expert Group on Information Systems and Interoperability is expected to present its results in spring 2017. Those results might be relevant for the development of Eurodac. Where this is the case, the best possible legal and technical prerequisites should be laid down for a potential interoperability of Eurodac with other information systems for borders and security.
Amendment 98 #
Proposal for a regulation
Recital 15
Recital 15
(15) It is essential in the fight against terrorist offences and other serious criminal offences for the law enforcement authorities to have the fullest and most up- to-date information if they are to perform their tasks. The information contained in Eurodac is necessary for the purposes of the prevention, detection or, investigation or prosecution of terrorist offences as referred to in Council Framework Decision 2002/475/JHA29Directive (EU) 2017/... of the European Parliament and of the Council [combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA] or of other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA30 . Therefore, the data in Eurodac should be available, subject to the conditions set out in this Regulation, for comparison by the designated authorities of Member States and the European Police Office (Europol). _________________ 29 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). 30Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).
Amendment 101 #
Proposal for a regulation
Recital 20
Recital 20
(20) Since Eurodac was originally established to facilitate the application of the Dublin Convention, access to Eurodac for the purposes of preventing, detecting or, investigating or prosecuting terrorist offences or other serious criminal offences constitutes a changefurther development of the original purpose of Eurodac, which. In line with the requirements of Article 52(1) of the Charter of Fundamental Rights of the European Union, any interferesnce with the fundamental right to respect for the private life of individuals whose personal data are processed in Eurodac. In line with the requirements of Article 52(1) of the Charter of Fundamental Rights of the European Union, any such interference must be in accordance with the law, which must be formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise. Any interference must be necessary to genuinely meet an objective of general interest and proportionate to the legitimate objective it aims to achieve.
Amendment 125 #
Proposal for a regulation
Recital 32
Recital 32
(32) Third-country nationals or stateless persons who have requested international protection in one Member State may try to request international protection in another Member State for many years to come. Therefore, the maximum period during which fingerprint and facial imagebiometric and alphanumeric data should be kept by the Central System should be of considerable length. Given that most third-country nationals or stateless persons who have stayed in the Union for several years will have obtained a settled status or even citizenship of a Member State after that period, a period of ten years should be considered a reasonable period for the storage of fingerprint and facial imagebiometric and alphanumeric data.
Amendment 130 #
Proposal for a regulation
Recital 33
Recital 33
(33) In view of successfully preventing and monitoring unauthorised movements of third-country nationals or stateless persons who have no right to stay in the Union, and of taking the necessary measures for successfully enforcing effective return and readmission to third countries in accordance with Directive 2008/115/EC35 and the right to protection of personal data, a period of fiveten years should be considered a necessary period for the storage of fingerprint and facialbiometric and alphanumeric data. _________________ 35 OJ L 348, 24.12.2008, p.98 OJ L 348, 24.12.2008, p.98
Amendment 158 #
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of fingerprint and facial image data with those stored in the Central System for law enforcement purposes for the prevention, detection or, investigation or prosecution of terrorist offences or of other serious criminal offences . (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 206 #
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) 'law enforcement' means the prevention, detection or, investigation or prosecution of terrorist offences or of other serious criminal offences;
Amendment 208 #
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) 'terrorist offences' means the offences under national law which correspond or are equivalent to those referred to in Articles 1 to 4 of Framework Decision 2002/475/JHA;referred to in Articles 3 to 12 of Directive (EU) 2017/... of the European Parliament and of the Council [on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA].
Amendment 236 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a European Border and Coast Guard In accordance with Article (40)(8) of Regulation (EU) 2016/1624, the members of the European Border and Coast Guard Agency or teams of staff involved in return-related tasks as well as the members of the migration management support teams shall, within their mandate, have the right to access and search data entered in Eurodac within their mandate. They shall do so by using the technical interface set up and maintained by the European Border and Coast Guard Agency as referred to in Article (10)(3a).
Amendment 252 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. The duly authorized staff of the European Border and Coast Guard Agency shall have access to the statistics drawn up by eu-LISA referred to in paragraph (1)(a) to (h) and to the relevant data referred to in Article (12) (d) to (s), Article (13) (d) to (m) and Article (14) (d) to (m), solely for the purposes laid down in Article (1)(b) and for the purposes laid down in Articles 11 and 37 of Regulation (EU) 2016/1624, without allowing for individual identification. The processing of those data shall be carried out in compliance with the data protection safeguards provided for in Regulation (EU) 2016/1624.
Amendment 262 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. For the purposes of paragraph 3, the European Border and Coast Guard Agency and the future European Union Agency for Asylum shall set up and maintain a technical interface which allows a direct connection to the Central System of Eurodac.
Amendment 338 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. For the purposes laid down in Article 13(1), each set of data relating to a third-country national or stateless person as referred to in Article 13(2) shall be stored in the Central System for fiveten years from the date on which his or her fingerprints were taken.
Amendment 344 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. For the purposes laid down in Article 14(1), each set of data relating to a third-country national or stateless person as referred to in Article 14(2) shall be stored in the Central System for fiveten years from the date on which his or her fingerprints were taken.