Changes from plenary report to adopted text

RemovedArticle 1 – paragraph 1 – point b: (b) assist with the control of illegal immigration to the Union and with the identification of secondary movements and of illegally staying third-country nationals and stateless persons for determining the appropriate measures to be taken by Member States, including as appropriate, removal and return of illegally staying third-country nationals and stateless persons, or granting permanent resident status;

RemovedArticle 1 – paragraph 1 – point c: (c) lay down the conditions under which Member States' designated authorities may request the comparison of biometric data and alphanumeric data with those stored in the Central System for law enforcement purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences. This Regulation shall also lay down the conditions under which the European Police Office (Europol) may request comparisons with Eurodac data for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences falling within its mandate.

RemovedArticle 1 – paragraph 2: 2. Without prejudice to the processing of data intended for Eurodac by the Member State of origin in databases set up under the latter's national law, fingerprints and facial image data and other personal data may be processed in Eurodac only for the purposes set out in this Regulation and [Article 34(1) of Regulation (EU) ....]. The data of minors may be used by the Member States for the purposes of assisting them in the identification and tracing of missing children and of establishing family links of unaccompanied minors.

RemovedArticle 2 – paragraph 1: 1. The persons referred to in Articles 10(1), 13(1) and 14(1) shall be registered. Therefore, Member States shall take those person’s biometric data 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 biometric data and inform him or her as such in accordance with Article 30 of this Regulation. Member States shall, at all times, respect the dignity and physical integrity of the person during the fingerprinting procedure and when capturing his or her facial image.

RemovedArticle 2 – paragraph 2: deleted

Removed(See Amendment relating to Article 2 a paragraph 1)

RemovedArticle 2 – paragraph 3: 3. In order to ensure that all the persons referred to in Articles 10(1), 13(1) and 14(1) are registered in accordance with paragraph 1, Member States may introduce, where appropriate, well-justified administrative sanctions, in accordance with their national law and with full respect for the Charter of Fundamental Rights of the European Union, for non-compliance with the process of taking biometric data. Member States shall ensure that an opportunity for counselling has been provided to those persons in order to persuade them to cooperate with the procedure and to inform them of the possible implications of non-compliance. The administrative sanctions shall be effective, proportionate and dissuasive. Detention shall only be used as a means of last resort and for as short a period as possible and necessary in order to determine or verify a third-country national's identity and, in particular, where there is a risk of absconding. Where a decision is taken to detain a third-county national or a stateless person, competent national authorities shall carry out an assessment in each individual case in order to verify whether the detention complies with all legal and procedural safeguards to prevent arbitrary detention.

RemovedArticle 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 or stateless persons who are deemed to be vulnerable persons due to the conditions of the fingertips or face, the authorities of that Member State shall not use sanctions for non-compliance with the obligation to provide biometric data. A Member State may attempt to re-take the fingerprints or facial image of a vulnerable 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.

RemovedArticle 2 – paragraph 5: 5. The procedure for taking fingerprints and a facial image 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 the Charter of Fundamental Rights of the European Union and in the Convention for the Protection of Human Rights and Fundamental Freedoms.

RemovedArticle 2 a (new): Article 2a / Special provisions relating to minors / 1. The biometric data of minors from the age of six shall be taken by officials trained specifically to enrol minor's fingerprints and to capture facial images in full respect of the best interests of the child, 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. The minor shall be informed in an age-appropriate manner, both orally and in writing, using leaflets and infographics and demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors in a language he or she can understand. The minor 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 minor during the fingerprinting procedure and when capturing a facial image. Member States shall not use coercion to compel the taking of fingerprints of minors. Detention of minors shall be prohibited. / 2. Where the enrolment of the fingerprints or facial image of a minor is not possible due to the conditions of the fingertips or face, Article 2(3) shall apply. Where the fingerprints or facial image of a minor are retaken, the Member State concerned shall proceed in accordance with paragraph 1 of this Article. Where a minor, in particular an unaccompanied or separated minor, refuses to gi…

Removed(Paragraph 1 reproduces the substance of Article 2 paragraph 2)

RemovedArticle 3 – paragraph 1 – point a a (new): (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.

RemovedArticle 3 – paragraph 1 – point b – subpoint i a (new): (ia) in relation to a person covered by Article 12a, the Member State which transmits the personal data to the Central System and receives the results of the comparison;

RemovedArticle 3 – paragraph 1 – point d: (d) 'illegal stay' means the presence on the territory of a Member State, of a third-country national or stateless person who does not fulfil, 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;

RemovedArticle 3 – paragraph 1 – point f: (f) 'hit' means the existence of a match or matches established by the Central System by comparison between biometric data recorded in the computerised central database and those transmitted by a Member State with regard to a person, without prejudice to the requirement that Member States shall immediately check the results of the comparison pursuant to Article 26(4);

RemovedArticle 3 – paragraph 1 – point j: (j) 'Eurodac data' means all data stored in the Central System in accordance with Article 12, Article 12a, Article 13(2) and Article 14(2);

RemovedArticle 3 – paragraph 1 – point k: (k) 'law enforcement' means the prevention, detection, 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.)

RemovedArticle 3 – paragraph 1 – point l: (l) 'terrorist offences' means the offences 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].

RemovedArticle 3 – paragraph 1 – point o a (new): (oa) ‘biometric data’ means fingerprint data and facial image data; / (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

RemovedArticle 3 – paragraph 1 – point o b (new): (ob) 'stateless person' means a person who is not considered to be a national of any State under the operation of its law.

RemovedArticle 3 – paragraph 1 – point o c (new): (oc) 'alphanumeric data' means data represented by letters, digits, special characters, spaces and punctuation marks;

RemovedArticle 3 – paragraph 1 – point o d (new): (od) 'residence document' means a residence document as defined in point (...) of Article of Regulation ... [COD(2016)0133; Dublin IV];

RemovedArticle 3 – paragraph 1 – point o e (new): (oe) 'interface control document' means a technical document that specifies the necessary requirements with which the national access points referred to in Article 4(3) are to comply in order to be able to communicate electronically with the Central System, in particular by detailing the form and possible content of the information to be exchanged between the Central System and the national access points.

RemovedArticle 4 – paragraph 2: 2. The EURODAC Communication Infrastructure will be using the existing 'Secure Trans European Services for Telematics between Administrations' (TESTA) network. In order to ensure confidentiality, personal data transmitted to or from Eurodac shall be encrypted.

RemovedArticle 4 – paragraph 3: 3. Each Member State shall have a single National Access Point. Europol shall have its own access point.

RemovedArticle 4 – paragraph 4: 4. Data on persons covered by Articles 10(1), 12a, 13(1) and 14(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.

RemovedArticle 5 – paragraph 2 – subparagraph 1 – introductory part: Eu-LISA shall be permitted to use real personal data of the Eurodac production system for testing purposes, in accordance with Regulation (EU)2016/679, and in strict compliance with Article 17 of the Staff Regulations1a in respect of every person involved in the testing only in the following circumstances: / 1a Council Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union (OJ L 56, 4.3.1968, p.1).

RemovedArticle 5 – paragraph 2 – subparagraph 2: In such cases, the security measures, access control and logging activities at the testing environment shall be equal to the ones for the Eurodac production system. Real personal data adopted for testing shall be subject to stringent conditions and rendered anonymous in such a way that the data-subject is no longer identifiable. Once the purpose for which the testing was carried out has been achieved or the tests have been completed, such real personal data shall be immediately and permanently erased from the testing environment. Eu-LISA shall ensure that relevant guarantees are provided in respect of the accessing of data by external contractors, in accordance with Articles 24 to 28 of Regulation (EU) 2016/679.

RemovedArticle 5 – paragraph 3 – point c a (new): (ca) interoperability with other information systems.

RemovedArticle 6 – paragraph 1: 1. For the purposes laid down in Article 1(1)(c), Member States shall designate the authorities that are authorised to request comparisons with 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 or of other serious criminal offences.

RemovedArticle 6 – paragraph 2: 2. Each Member State shall keep a list of the designated authorities and communicate it without delay to the Commission and to eu-LISA. Eu-LISA shall publish a consolidated list of those designated authorities in the Official Journal of the European Union. Where that list has been amended, eu-LISA shall annually publish an updated consolidated list online.

RemovedArticle 7 – paragraph 2 – subparagraph 1: The verifying authority shall ensure that the conditions for requesting comparisons of biometric or alphanumeric data with Eurodac data are fulfilled.

RemovedArticle 7 – paragraph 2 – subparagraph 3: Only the verifying authority shall be authorised to forward requests for comparison of biometrics or alphanumeric data to the National Access Point.

RemovedArticle 8 – paragraph 1: 1. For the purposes laid down in Article 1(1)(c), Europol shall designate an authority which is authorised to request comparisons with Eurodac data through its designated Europol access point in order to prevent, detect and investigate terrorist offences or other serious criminal offences. The designated authority shall be an operating unit of Europol.

RemovedArticle 8 – paragraph 2: 2. For the purposes laid down in Article 1(1)(c), Europol shall designate an specialised unit with duly empowered Europol officials as the Europol access point.The Europol access point shall verify that the conditions to request comparisons with Eurodac data laid down in Article 22 are fulfilled. The Europol access point shall act independently when performing its tasks under this Regulation and shall not receive instructions from the designated authority referred to in paragraph 1 as regards the outcome of the verification.

RemovedArticle 8 – paragraph 2 a (new): 2 a. Europol shall designate an operating unit in charge of collecting, storing, processing, analysing and exchanging the data on child victims of trafficking in human beings. The operating unit shall be authorised to request comparisons with Eurodac data in order to support and strengthen Member States’ action in preventing, detecting or investigating child trafficking, child labour or sexual exploitation.

RemovedArticle 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. They shall access the data by using the technical interface set up and maintained by the European Border and Coast Guard Agency as referred to in Article 10(3a) of this Regulation.

RemovedArticle 9 – paragraph 1 – point a: (a) the number of data sets transmitted on persons referred to in Articles 10(1), 12a, 13(1) and 14(1);

RemovedArticle 9 – paragraph 1 – point e: (e) the number of biometric data which the Central System had to request more than once from the Member States of origin because the biometric data originally transmitted did not lend themselves to comparison using the computerised biometric recognition system;

RemovedArticle 9 – paragraph 1 – point j: (j) the number and type of requests made for persons referred to in Article 31;

RemovedArticle 9 – paragraph 2: 2. The monthly statistical data for persons referred to in paragraph 1(a) to (h) shall contain a breakdown, where possible, of the data subjects' years of birth and genders, and shall be published and made public by each month. At the end of each year, the yearly statistical data for persons referred to in paragraph 1(a) to (h) shall be published and made public by eu-LISA.The statistics shall contain a breakdown of data for each Member State.

RemovedArticle 9 – paragraph 3 a (new): 3 a. The duly authorised staff of the European Border and Coast Guard Agency shall have access to the statistics drawn up by eu-LISA referred to in points (a) to (h) of paragraph 1 of this Regulation and to the relevant data referred to in Article (12)(d) to (s), Article 13(2)(d) to (m) and Article 14(2)(d) to (m) of this Regulation, solely for the purposes laid down in Article 1(1)(b) of this Regulation and for the purposes laid down in Articles 11 and 37 of Regulation (EU) 2016/1624. Access shall be granted to such statistics and data in such a way as to ensure that individuals are not identified. The processing of those data shall be carried out in compliance with the data protection safeguards provided for in Regulation (EU) 2016/1624.

RemovedArticle 10 – paragraph 3: 3. Where requested by the Member State concerned, the biometric data may also be taken and transmitted by members of the European Border and Coast Guard Teams or by Member State asylum experts when performing tasks and exercising powers in accordance with Regulation (EU) 2016/1624 or by asylum support teams in accordance with [Regulation (EU) No ..... ].

RemovedArticle 10 – paragraph 3 a (new): 3a. For the purposes of paragraph 3, the European Border and Coast Guard Agency and the European Union Agency for Asylum established by Regulation (EU) 2017/... shall set up and maintain a technical interface which allows a direct connection to the Central System of Eurodac.

RemovedArticle 12 – paragraph 1 – point c: (c) surname(s) and forename(s), name(s) at birth and previously used names;

RemovedArticle 12 – paragraph 1 – point d: (d) nationality(ies) or presumed and declared nationality(ies) or status as stateless person in accordance with Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons;

RemovedArticle 12 – paragraph 1 – point s a (new): (sa) details of family members of minors, which are relevant for family tracing and reunification such as their names, family link to the minor and, where available, their passport or identification card numbers.

RemovedChapter II a (new): CHAPTER IIa: RESETTLED THIRD-COUNTRY NATIONALS OR STATELESS PERSONS

RemovedArticle 12 a (new): Article 12a / Collection and transmission of fingerprints and facial image data / 1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every resettled third-country national or stateless person of at least six years of age, upon their arrival on its territory, and shall transmit the fingerprints and facial image, together with the other data referred to in Article 10 of Regulation (EU) .../..., to the Central System. / Non-compliance with the requirement to promptly take all the fingerprints and capture the facial image shall not relieve Member States of the obligation to take the fingerprints or capture the facial image and transmit them to the Central System. Where the condition of the fingertips does not allow the taking of the fingerprints of a quality ensuring appropriate comparison under Article 26, the Member State of resettlement shall retake the fingerprints of the applicant and resend them as soon as possible and no later than 48 hours after they have been successfully retaken. / 2. By way of derogation from paragraph 1, where it is not possible to take the fingerprints, the facial image or both of a resettled third-country national or stateless person on account of measures taken to ensure his or her health or the protection of public health, Member States shall take and send such fingerprints, facial image or both as soon as possible and no later than 48 hours after those health grounds no longer prevail.

RemovedArticle 12 b (new): Article 12b / Recording of data / Only the following data shall be recorded in the Central System: / (a) fingerprint data; / (b) a facial image; / (c) surname(s) and forename(s), name(s) at birth and previously used names and any aliases, which may be entered separately; / (d) nationality(ies); / (e) place and date of birth / (f) Member State of resettlement, place and date of the registration; / (g) sex; / (h) where applicable, the type and number of identity or travel document; three letter code of the issuing country and validity; / (i) reference number used by the Member State of origin; / (j) date on which the fingerprints and/or facial image were taken; / (k) date on which the data were transmitted to the Central System; / (l) operator user ID;

RemovedArticle 13 – paragraph 2 – point c: (c) surname(s) and forename(s), name(s) at birth and previously used names;

RemovedArticle 13 – paragraph 2 – point d: (d) nationality(ies) or presumed and declared nationality(ies) or status as stateless person in accordance with Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons;

RemovedArticle 13 – paragraph 2 – point g a (new): (ga) details of family members of minors, which are relevant for family tracing and reunification such as their names, family link to the minor and, where available, their passport or identification card numbers;

RemovedArticle 13 – paragraph 2 – point i a (new): (ia) return decision taken, or removal order issued, by the Member State of origin;

RemovedArticle 13 – paragraph 7: 7. Where requested by the Member State concerned, the biometric data may also be taken and transmitted by members of the European Border and Coast Guard Teams when performing tasks and exercising powers in accordance with Regulation (EU) 2016/1624 and by asylum support teams in accordance with [Regulation (EU) ..... ].

RemovedArticle 14 – paragraph 2 – point d: (d) nationality(ies) or presumed and declared nationality(ies) or status as stateless person in accordance with Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons;

RemovedArticle 14 – paragraph 2 – point g a (new): (ga) details of family members of minors, which are relevant for family tracing and reunification such as their names, family link to the minor and, where available, their passport or identification card numbers;

RemovedArticle 14 – paragraph 2 – point i a (new): (ia) return decision taken, or removal order issued, by the Member State of origin;

RemovedArticle 14 – paragraph 2 a (new): 2a. Member States may derogate from the provisions of paragraph 1 and 2 in respect of illegally staying third-country nationals who entered the Union by legally crossing the external border and have overstayed the authorised period of stay by a period of no more than 15 days.

RemovedArticle 14 – paragraph 4: 4. Non-compliance with the 72-hour time-limit referred to in paragraph 3 of this Article shall not relieve Member States of the obligation to take and transmit the biometric data to the Central System. Where the condition of the fingertips does not allow the taking of fingerprints of a quality ensuring appropriate comparison under Article 26, the Member State of origin shall retake the fingerprints of persons apprehended as described in paragraph 1 of this Article, and resend them as soon as possible and no later than 48 hours after they have been successfully retaken.