Changes from report parliamentary committee draft to plenary report

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

AddedArticle 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.

RemovedUnder the proposal, national law enforcement authorities and Europol cannot request comparison with specific alphanumeric data, which is highly detrimental to investigations, especially in the counter-terrorism field, trying to establish the places and dates of entry in the EU of suspects for which a used identity is known, but no fingerprint is available. In this context, and given that Article 1 (1)(c) of the proposal, extends its scope of Eurodac to law enforcement purposes, it would be essential for national law enforcement authorities and Europol to have access to all data contained in Eurodac in order to properly carry out their tasks.

AddedArticle 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 8 – paragraph 1: deleted

AddedArticle 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.

RemovedSee justification on amendment 8. Moreover, current, Europol’s dependency on a MS’s technical infrastructure in order to access Eurodac data creates unnecessary risk and once used, would be cumbersome and slow. The MS’s system connecting Europol to Eurodac would need to meet Europol’s stringent data security requirements. At present, the connection to Eurodac via the Dutch National Access point could not be successfully established due to technical and data security issues encountered.

AddedArticle 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.

Change 6

ChangedArticle 8 – paragraph 2: 2. For the purposes laid down in Article 1(1)(c), Europol shall designate an operatingspecialised unit with duly empowered Europol officials as the Europol access point.The Europol access point shall verify that isthe authorisedconditions to makerequest comparisons with Eurodac data. Thedata designatedlaid authoritydown shallin beArticle an22 operatingare unitfulfilled. ofThe Europol which isaccess competentpoint toshall collect,act store,independently process,when analyseperforming andits exchangetasks informationunder tothis supportRegulation and strengthen actionshall bynot Memberreceive Statesinstructions infrom preventing,the detectingdesignated orauthority investigatingreferred terroristto offencesin orparagraph other1 seriousas criminalregards offencesthe fallingoutcome withinof Europol'sthe mandate.verification.

Change 7

RemovedAmendment linked to Article1(1)(c) of proposal (non-codified) which provides that Eurodac will serve not only the purpose of implementation of the Dublin Regulation, but also law enforcement purposes. Europol’s dependency on a MS’s technical infrastructure in order to access Eurodac data creates unnecessary risk and once used, would be cumbersome and slow. The MS’s system connecting Europol to Eurodac would need to meet Europol’s stringent data security requirements. At present, the connection to Eurodac via the Dutch National Access point could not be successfully established due to technical and data security issues encountered.

AddedArticle 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 9 – paragraph 2: 2. The monthly statistical data for persons referred to in paragraph 1(a) to (h) shall be broken down by sex and age in order to understand how many minors are affected 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.

AddedArticle 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 3: 3. At the request of the Commission, eu-LISA shall provide it with statistics on specific aspects relating to the implementation of this Regulation as well as statistics drawn up pursuant to paragraph 1, and make it available, upon request, to Member States. / Eu-LISA shall also establish, implement and host a central repository in its technical sites containing the data referred to in paragraphs 1 and 2 of this Article, for analysis purposes, which does not allow for the identification of individuals but which does allow eu-LISA, the Commission and the authorities of Member States, which have been listed as the authorities designated pursuant to Article 28(2), to obtain customised reports and statistics. Eu-LISA shall grant secured access to the central repository through TESTA, providing for control of access and specific user profiles that are used solely for the purpose of reporting and statistics. 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.

AddedArticle 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);

RemovedEu-LISA has been providing predefined statistics. However, there is a need for a number of ad hoc statistics, both of technical nature (e.g. measuring the performance and availability of the system) as well as of business nature that cannot be included in an exhaustive list as they are relevant with the everyday conditions (e.g. crisis) and an increased interest or relevance for the stakeholders of this regulation (COM, MS, other JHA Agencies) under certain circumstances such as weekly registrations in the Hotspots, increase of frequency of certain predefined statistics etc.

AddedArticle 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 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 of the European Parliament and of the Council1a. / 1a Regulation.(EU) 2016/1624 of the European Parliament and of 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).

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

RemovedArticle 12 – point s a (new): (sa) details of family members (such as name and passport or identification card number), and a particular indication where the person is an unaccompanied minors.

AddedArticle 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.

RemovedThe best interest of the child should be an essential part of this Regulation. This Amendment is linked to Article 2 (non-codified text).

AddedArticle 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.

Change 8

ChangedArticle 1310 – paragraph 7:3: 7.3. 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) 2016/1624.2016/1624 or by asylum support teams in accordance with [Regulation (EU) No ..... ].

Change 9

AddedArticle 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.

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

AddedArticle 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;

AddedArticle 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.

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

AddedArticle 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.

AddedArticle 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;

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

AddedArticle 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;

AddedArticle 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;

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

AddedArticle 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) ..... ].

AddedArticle 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;

AddedArticle 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;

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

AddedArticle 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.

Article 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.

Change 10

ChangedChapter 5V – title: PROCEDURE FOR COMPARISON OF DATA FOR APPLICANTS FOR INTERNATIONAL PROTECTIONPROTECTION, ANDRESETTLED THIRD-COUNTRY NATIONALS AND STATELESS PERSONS AND THIRD-COUNTRY NATIONALS APPREHENDED CROSSING THE BORDER IRREGULARLY OR ILLEGALLY STAYING IN THE TERRITORY OF A MEMBER STATE

Change 11

RemovedArticle 15 – paragraph 3: 3. The Central System shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 26(4). Where there is a hit, it shall transmit for all data sets corresponding to the hit the data referred to in Article 12, 13(2) and 14(2) along with, where appropriate, the mark referred to in Article 19(1) and (4). Where a negative result is received, the data referred to in Article 12, 13(2) and 14(2) shall not be transmitted.

AddedArticle 15 – paragraph 1: 1. Biometric 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 Articles 10(1), 12a, 13(1) and 14(1).

RemovedArticle 16 – paragraph 1: (1) Where the condition of the fingertips does not allow for the taking of fingerprints of a quality ensuring appropriate comparison under Article 26, a Member State shall carry out a comparison of facial image data.

AddedArticle 15 – paragraph 3: 3. The Central System shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 26(4). Where there is a hit, it shall transmit for all data sets corresponding to the hit the data referred to in Articles 12, 12b, 13(2) and 14(2) along with, where appropriate, the mark referred to in Article 19(1) and (4). Where a negative hit result is received, the data referred to in Articles 12, 12b, 13(2) and 14(2) shall not be transmitted.

RemovedArticle 20 – paragraph 1: 1. For the purposes laid down in Article 1(1)(c), the designated authorities referred to in Articles 6(1) may submit a reasoned electronic request as provided for in Article 21(1) together with the reference number used by them, to the verifying authority for the transmission for comparison of biometric or alphanumeric data to the Central System via the National Access Point. Upon receipt of such a request, the verifying authority shall verify whether all the conditions for requesting a comparison referred to in Articles 21 or 22, as appropriate, are fulfilled.

AddedArticle 16 – title: Comparison of facial image data only

Change 12

ChangedArticle 2016 – paragraph 2: 2.(2) WhereFacial allimage thedata conditionsand fordata requestingrelating ato comparisonthe referredsex toof inthe Articlesdata-subject 21may orbe 22compared areautomatically fulfilled,with the verifying authorityfacial shallimage transmitdata theand requestpersonal fordata comparisonrelating to the Nationalsex Accessof Pointthe whichdata-subject willtransmitted processby itother toMember States and already stored in the Central System in accordance with Articles 15 and 16 for10(1), the12a, purpose13(1) ofand comparison14(1) with the biometric orexception alphanumericof datathose transmitted to the Central System pursuant toin Articlesaccordance 10(1),with 13Article (1)11(b) and 14(1) .(c).

Change 13

RemovedSee justification of Amendment 9.

AddedArticle 16 – paragraph 4: (4) The Central System shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 26(4). Where there is a hit, it shall transmit for all data sets corresponding to the hit the data referred to in Articles 12, 12b, 13(2) and 14(2) along with, where appropriate, the mark referred to in Article 19(1) and (4). Where a negative hit result is received, the data referred to in Articles 12, 12b, 13(2) and 14(2) shall not be transmitted.

Change 14

ChangedArticle 2117 – paragraph 1 – introductory part:1: 1. For the purposes laid down in Article 1(1)(c),10(1), designatedeach authoritiesset mayof submitdata arelating reasonedto electronican requestapplicant for theinternational comparisonprotection of, biometricas orreferred alphanumericto datain withArticle the12, datashall be stored in the Central System within the scope of their powers onlyfor iffive comparisonsyears withfrom the following databases did not lead to thedate establishmenton ofwhich the identity offingerprints thewere datafirst subject:taken.

Change 15

RemovedSee justification of Amendment 9.

AddedArticle 17 – paragraph 1 a (new): 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.

RemovedArticle 21 – paragraph 2: 2. Requests for comparison with Eurodac data shall be carried out with biometric or alphanumeric data.

AddedArticle 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 a period limited to the duration of a measure taken upon the third-country national or stateless person which shall not be more than five years from the date on which his or her fingerprints were first taken.

RemovedSee justification of Amendment 9.

AddedArticle 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 a period limited to the duration of a measure taken upon the third-country national or stateless person which shall not be more than five years from the date on which his or her fingerprints were first taken.

RemovedArticle 22 – paragraph 1 – introductory part: 1. For the purposes laid down in Article 1(1)(c), Europol's designated authority shall have the right to access and search directly for comparisons with the data stored in the Central System within the limits of its mandate and where the following conditions are met:

AddedArticle 18 – paragraph 1: 1. Data relating to a person who has acquired citizenship of any Member State before expiry of the period referred to in Article 17(1) , (2) or (3) shall be erased from the Central System in accordance with Article 28(4). The Member State of origin shall be informed immediately if the person concerned has acquired such citizenship in order to erase the data.