5. Eurodac *
A5-0059/1999
Proposal for a Council regulation concerning the establishment of ‘Eurodac’for the comparison of
the fingerprints of applicants for asylum and certain other aliens (COM(1999) 260 wdash C5-0082/1999
wdash 1999/0116(CNS))
The proposal was amended as follows:
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
(Amendment 1)
Title and text as a whole
(Replace‘alien’with ‘third-country national’ throughoutthetext.)
(Amendment 2)
Title
Proposal for a Council Regulation (EC) concerning the estab-
lishment of ‘Eurodac’ for the comparison of the fingerprints ofapplicants for asylum and certain other aliensProposal for a Council Regulation (EC) concerning the estab-
lishment of ‘Eurodac’ for the comparison of the fingerprints ofapplicants for asylum and certain other third-country
nationals in order to simplify the implementation of theDublin Convention
(Amendment 3)
Recital5
(5) It is also necessary to require the Member States promptly
to take fingerprints of every applicant for asylum and of everyalien who is apprehended in connection with the irregular
crossing of a Community border, if they are at least 14years
of age.(5) It is also necessary to require the Member States promptly
to take fingerprints of every applicant for asylum and of everythird-country national who is apprehended in connection
with the irregular crossing of a Community border, if they areat least 18years of age.
(Amendment 4)
Recital8
(8) The conservation period should be shorter in certain spe-
cial situations where there is no need to keep fingerprint datafor that length of time: fingerprint data should be erased imme-diately oncealiens obtain Union citizenship .(8) The conservation period should be shorter in certain spe-
cial situations where there is no need to keep fingerprint datafor that length of time: fingerprint data should be erased imme-diately once the person concerned obtains a residence per-
mit.
(Amendment 5)
Article 4(1)
1. Each Member State shall promptly take the fingerprints of
every applicant for asylum of at least 14years of age and shall
promptly transmit the data referred to in points (a) to (f) of1. Each Member State shall promptly take the fingerprints of
every applicant for asylum of at least 18years of age and shall
promptly transmit the data referred to in points (a) to (f) of7.7.2000 EN C 189/227 Official Journal of the European Communities
Thursday 18 November 1999
Article 5 (1) to the Central Unit. The procedure for taking fin-
gerprints shall be determined in accordance with the nationalpractice of the Member State concerned.Article 5 (1) to the Central Unit. The procedure for taking fin-
gerprints shall be determined in accordance with the nationalpractice of the Member State concerned and in accordance
with the safeguards laid down in the European Conven-
tion on Human Rights and in the UN Convention on theRights of the Child .
(Amendment 6)
Article 4(6),1st subparagraph a (new)
Should the results of the comparison made by the Central
Unit not reveal a clear match of the fingerprints, the Mem-ber State which asked for the comparison shall be consid-ered the Member State of origin and shall initiate the asy-
lum procedure.
(Amendment 7)
Article 7
Data relating to a person who has acquired citizenship of the
Union before expiry of the period referred to in Article 6 shallbe erased from the central database, in accordance withArticle 15(3) as soon as the Member State of origin becomesaware that the person has acquired citizenship of the Union.Data relating to a person who has acquired citizenship of the
Union, or has been granted refugee status or a subsidiary
or complementary form of protection or any other legalstatus, shall be erased from the central database, in accordance
with Article 15(3), as soon as the Member State of originbecomes aware that the person has acquired citizenship of theUnion or has been granted refugee status or a subsidiary
or complementary form of protection or any other legal
status.
(Amendment 9)
Article 10(2)(ca)(new)
(ca) the third-country national has been granted refugee
status or a subsidiary or complementary form of pro-tection.
(Amendment 10)
Article 11(1),1st subparagraph
1. With a view to checking whether an alien found illegally
present within its territory has previously lodged an applicationfor asylum in another Member State, each Member State maycommunicate to the Central Unit any fingerprints which it mayhave taken of any such alien of at least14years of age together
with the reference number used by that Member State.1. With a view to checking whether a third-country
national found illegally present within its territory has pre-
viously lodged an application for asylum in another MemberState, each Member State may communicate to the CentralUnit any fingerprints which it may have taken of any suchthird-country national of at least 18years of age together
with the reference number used by that Member State.
(Amendment 11)
Article 12(1)
1. Data relating to a person who has been recognised and
admitted as a refugee in a Member State shall be blocked in the
central database. Such blocking shall be carried out by the Central
Unit on theinstructions of theMember Stateof origin.1. Data relating to a person who has been recognised and
admitted as a refugee in a Member State shall be erased from
the central database.C 189/228 EN 7.7.2000 Official Journal of the European Communities
Thursday 18 November 1999
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
(Amendment 12)
Article 15(4a)(new)
4a. No data shall be transferred or made accessible to
the authorities of any third country, nor to any agencyor authority in a Member State other than that which col-lects the original data referred to in Articles 4 and 8,
except with the express written agreement of the joint
supervisory authorities.
European Parliament legislative resolution on the proposal for a Council regulation concerning theestablishment of ‘Eurodac’for the comparison of the fingerprints of applicants for asylum and
certain other aliens (COM(1999) 260 wdash C5-0082/1999 wdash 1999/0116(CNS))
(Consultation procedure)
The European Parliament,
5dash having regard to the Commission proposal to the Council (COM(1999) 260),
5dash having been consulted by the Council pursuant to Article 63(1)(a) of the EC Treaty (C5-0082/1999),
5dash having regard to Rule 67 of its Rules of Procedure,5dash having regard to the report of the Committee on Citizens’ Freedoms and Rights, Justice and Home
Affairs and the opinion of the Committee on Legal Affairs and the Internal Market (A5-0059/1999);
1. Approves the Commission proposal as amended;
2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC
Treaty;
3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parlia-
ment;
4. Asks to be consulted again should the Council intend to make substantial modifications to the Com-
mission proposal;
5. Instructs its President to forward its position to the Council and Commission.
6. Millennium bug: military, civilian and nuclear sectors
B5-0268, 0279, 0292 and 0303/1999
European Parliament resolution on the Year 2000 Bug in the civil and military sectors
The European Parliament,
5dash having regard to the responsibilities of the EU in the areas of major accidents and their consequences,
relating to radioactive and chemical pollution, and its role in nuclear safety under the Euratom Treaty,7.7.2000 EN C 189/229 Official Journal of the European Communities
Thursday 18 November 1999
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT