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 - C5-0082/1999 - 1999/0116(CNS))
Date: 1999-11-18
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EU migration policy, European convention, data protection, disclosure of information, free movement of persons, judicial cooperation in criminal matters in the EU, migration control, political asylum

7.7.2000

EN

Official Journal of the European Communities

C 189/227

Thursday 18 November 1999

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 ( C5-0082/1999
( 1999/0116(CNS))

The proposal was amended as follows:

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

(Amendment 1)

Title and text as a whole

(Replace ‘alien’ with ‘third-country national’ throughout the text.)

(Amendment 2)

Title

Proposal for a Council Regulation (EC) concerning the estab-
lishment of ‘Eurodac’ for the comparison of the fingerprints of
applicants for asylum and certain other aliens

Proposal for a Council Regulation (EC) concerning the estab-
lishment of ‘Eurodac’ for the comparison of the fingerprints of
applicants
third-country
asylum and certain other
nationals in order to simplify the implementation of the
Dublin Convention

for

(Amendment 3)

Recital 5

(5)
It is also necessary to require the Member States promptly
to take fingerprints of every applicant for asylum and of every
alien who is apprehended in connection with the irregular
crossing of a Community border, if they are at least 14 years
of age.

(5)
It is also necessary to require the Member States promptly
to take fingerprints of every applicant for asylum and of every
third-country national who is apprehended in connection
with the irregular crossing of a Community border, if they are
at least 18 years of age.

(Amendment 4)

Recital 8

(8) The conservation period should be shorter in certain spe-
cial situations where there is no need to keep fingerprint data
for that length of time: fingerprint data should be erased imme-
diately once aliens obtain Union citizenship.

(8) The conservation period should be shorter in certain spe-
cial situations where there is no need to keep fingerprint data
for 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 14 years of age and shall
promptly transmit the data referred to in points (a) to (f) of

1.
Each Member State shall promptly take the fingerprints of
every applicant for asylum of at least 18 years of age and shall
promptly transmit the data referred to in points (a) to (f) of

C 189/228

Official Journal of the European Communities

EN

7.7.2000

Thursday 18 November 1999

TEXT PROPOSED
BY THE COMMISSION

Article 5 (1) to the Central Unit. The procedure for taking fin-
gerprints shall be determined in accordance with the national
practice of the Member State concerned.

AMENDMENTS
BY PARLIAMENT

Article 5 (1) to the Central Unit. The procedure for taking fin-
gerprints shall be determined in accordance with the national
practice 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 the
Rights 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 shall
be erased from the central database,
in accordance with
Article 15(3) as soon as the Member State of origin becomes
aware 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 legal
status, shall be erased from the central database, in accordance
with Article 15(3), as soon as the Member State of origin
becomes aware that the person has acquired citizenship of the
Union 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 application
for asylum in another Member State, each Member State may
communicate to the Central Unit any fingerprints which it may
have taken of any such alien of at least 14 years 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 Member
State, each Member State may communicate to the Central
Unit any fingerprints which it may have taken of any such
third-country national of at least 18 years 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 the instructions of the Member State of 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.

7.7.2000

EN

Official Journal of the European Communities

C 189/229

TEXT PROPOSED
BY THE COMMISSION

Thursday 18 November 1999

AMENDMENTS
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 agency
or 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 the
establishment of ‘Eurodac’ for the comparison of the fingerprints of applicants for asylum and
certain other aliens (COM(1999) 260 ( C5-0082/1999 ( 1999/0116(CNS))

(Consultation procedure)

The European Parliament,

A having regard to the Commission proposal to the Council (COM(1999) 260),

A having been consulted by the Council pursuant to Article 63(1)(a) of the EC Treaty (C5-0082/1999),

A having regard to Rule 67 of its Rules of Procedure,

A 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;

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC

2.
Treaty;

Calls on the Council to notify Parliament should it intend to depart from the text approved by Parlia-

3.
ment;

Asks to be consulted again should the Council intend to make substantial modifications to the Com-

4.
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,

A 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,