8 Amendments of Jean-Paul DENANOT related to 2016/0132(COD)
Amendment 23 #
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 therefore essential to ensure that information on third-country nationals or stateless persons who are found to be staying illegally in the EU areis collected and transmitted to Eurodac and areis compared also with thoseat 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, in the case of third- country nationals who are staying in a country illegally, 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 26 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Commission’s Communication on Stronger and Smarter Information Systems for Borders and Security288 highlights the need to improve the interoperability of information systems as a long-term objective, as also identified by the European Council and the Council. The Communication proposes to set up an Expert Group on Information Systems and Interoperability to address the legal and technical feasibility of achieving interoperability of the information systems for borders and security. This group should assess the necessity and proportionality of establishing interoperability with the Schengen Information Systems (SIS) and the Visa Information Systems (VIS), and examine if there is a need to revise the legal framework for law enforcement access to EURODAC. Such interoperability must always respect the balance between individual liberties and collective security. _________________ 28 COM(2016) 205 final
Amendment 31 #
Proposal for a regulation
Recital 18
Recital 18
(18) Moreover, Europol plays a key role with respect to cooperation between Member States' authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. Consequently, Europol should also have access to Eurodac within the framework of its tasks and in accordance with Council Decision 2009/371/JHA31 31 , in a manner which is proportionate and respects the balance between individual liberties and collective security. _________________ 31 Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).
Amendment 35 #
Proposal for a regulation
Recital 21
Recital 21
(21) Even though the original purpose of the establishment of Eurodac did not require the facility of requesting comparisons of data with the database on the basis of a latent fingerprint, which is the dactyloscopic trace which may be found at a crime scene, such a facility is fundamental in the field of police cooperation. The possibility to compare a latent fingerprint with the fingerprint data which is stored in Eurodac in cases where there are reasonable and duly stated grounds for believing that the perpetrator or victim may fall under one of the categories covered by this Regulation will provide the designated authorities of the Member States with a very valuable tool in preventing, detecting or investigating terrorist offences or other serious criminal offences, when for example the only evidence available at a crime scene are latent fingerprints.
Amendment 48 #
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 successfullyreturning third-country nationals and 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 five years should be considered a necessary period for the storage of fingerprint and facial data. _________________ 35 OJ L 348, 24.12.2008, p.98
Amendment 88 #
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 illegally staying third- country nationals for determining the appropriate measures to be taken by Member States, including removal and repatriation of personthird-country nationals residing without authorisation.
Amendment 95 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Member States mayshall introduce administrative sanctions, in accordance with their national law, 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.
Amendment 460 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. The costs incurred in connection with the establishment and operation of the Central System and the Communication Infrastructure shall be borne by the general budget of the European Union, in accordance with the principles of sound financial management.