European Parliament legislative resolution on the proposal for a Council regulation on standards for security features and biometrics in EU citizens' passports (COM(2004)0116 — C5-0101/2004 — 2004/0039(CNS))
Date: 2004-12-02
Institutions: European Parliament
Subjects: EU national, European standard, biometrics, confidentiality, identity document, passport, personal data

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Official Journal of the European Union

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25.8.2005

Thursday 2 December 2004

The selection of shared-cost actions will be based on calls for proposals published on the Commis-

3)
sion's Internet site in accordance with the financial provisions in force.

4)
Applications for Community support should provide, where appropriate, a financial plan listing all the
components of the funding of the projects, including the financial support requested from the Community,
and any other requests for or grants of support from other sources.

Accompanying measures will be implemented through calls for tenders in accordance with the finan-

5)
cial provisions in force.

P6_TA(2004)0073

EU citizens' passports *

European Parliament legislative resolution on the proposal for a Council regulation on standards for
security features and biometrics in EU citizens' passports (COM(2004)0116 — C5-0101/2004 —
2004/0039(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal (COM(2004)0116) (1),

— having regard to the orientations of the Council as set out in document 15139/2004 which was

transmitted to Parliament on 24 November 2004,

— having regard to Article 62(2)(a) of the EC Treaty,

— having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament

(C5-0101/2004),

— having regard to the Protocol integrating the Schengen acquis into the framework of the European

Union, pursuant to which the Council consulted Parliament,

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0028/

2004),

1.

2.

3.

Approves the Commission proposal as amended;

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

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the

4.
Council intends to depart from the text approved by Parliament;

Calls on the Council to consult Parliament again if it intends to amend the Commission proposal

5.
substantially;

6.

Instructs its President to forward its position to the Council and Commission.

(1) Not yet published in OJ.

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TEXT PROPOSED
BY THE COMMISSION

Thursday 2 December 2004

AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 2

(2) Minimum security standards for passports were introduced
by a Resolution of the Representatives of the Governments of
the Member States meeting within the Council on 17 October
2000. It is now appropriate to replace and upgrade this Resol-
ution by a Community measure in order to achieve enhanced
harmonised security standards for passports to protect against
falsification. At the same time biometric elements should be
integrated in the passport in order to establish a reliable link
between the genuine holder and the document.

(2) Minimum security standards for passports were introduced
by a Resolution of the Representatives of the Governments of
the Member States meeting within the Council on 17 October
2000. The European Council has decided that it is now appro-
priate to replace and upgrade this Resolution by a Community
measure in order to achieve enhanced harmonised security stan-
dards for passports to protect against falsification. At the same
time biometric elements should be integrated in the passport in
order to establish a reliable link between the genuine holder and
the document.

Amendment 2

Recital 2a (new)

(2a) The biometric data in passports should be used only for
verifying the authenticity of the document as well as the iden-
tity of the holder by means of directly available comparable
features when the passport is required to be produced by law.

Amendment 3

Recital 3

(3) The harmonisation of security features and the integration
of biometric identifiers is an important step towards the use of
new elements in the perspective of future developments at Euro-
pean level, which render the travel document more secure and
establish a more reliable link between the holder and the pass-
port as an important contribution to ensuring that it is pro-
tected against fraudulent use. The specifications set out in the
document No 9303 on machine readable travel documents
from the International Civil Aviation Organisation should be
taken into account.

(3) The harmonisation of security features and the integration
of biometric identifiers is an important step towards the use of
new elements in the perspective of future developments at Euro-
pean level, which render the travel document more secure and
establish a more reliable link between the holder and the pass-
port as an important contribution to ensuring that it is pro-
tected against fraudulent use.

Amendment 4

Recital 7

(7) With regard to the personal data to be processed in the
context of the passport, Directive 95/46/EC of the European
Parliament and of the Council of 24 October 1995 on the pro-
tection of individuals with regard to the processing of personal
data and on the free movement of such data applies. It must be
ensured that no further information shall be stored in the pass-
port unless provided for in the regulation, its annex or unless
it is mentioned in the relevant travel document.

(7) With regard to the personal data to be processed in the
context of the passport, Directive 95/46/EC of the European
Parliament and of the Council of 24 October 1995 on the pro-
tection of individuals with regard to the processing of personal
data and on the free movement of such data applies. No further
information should be stored in the passport.

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25.8.2005

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 5

Article 1, paragraph 2

2.
The passport shall include a storage medium with suffi-
cient capacity, which shall be highly secured and shall contain
a facial image. The Member States may also include fingerprints
in interoperable formats.

2.
The passport shall include a highly secure storage medium
with sufficient capacity and the capability of safeguarding the
integrity, authenticity and confidentiality of the data stored. It
shall contain a facial
image. The Member States may also
include fingerprints in interoperable formats. No central data-
base of European Union passports and travel documents con-
taining all EU passport holders' biometric and other data shall
be set up.

Amendment 6

Article 2, paragraph 1, introductory part

Additional technical specifications for the passport relating
1.
to the following shall be established in accordance with the pro-
cedure referred to in Article 5(2):

Additional technical specifications for the passport relating
1.
to the following shall be established in accordance with the pro-
cedure referred to in Article 5:

Amendment 7

Article 2, paragraph 1, point (b)

(b)

technical specifications for the storage medium of the bio-
metric information and its securisation;

(b)

technical specifications for the storage medium of the bio-
metric information and its securisation, in particular to
safeguard the integrity, authenticity and confidentiality
of the data and to ensure that they are used in accord-
ance with the purposes as defined in this Regulation;

Amendment 8

Article 2, paragraph 1a (new)

1a.

The storage medium may be used only

(a)

(b)

by the competent authorities of the Member States for
reading, storing, modifying and erasing data, and

by authorised bodies entitled by law to read the data for
reading the data.

Amendment 9

Article 3, paragraph 2a (new)

Each Member State shall maintain a register of the
2a.
competent authorities and authorised bodies referred to in
Article 2(1a). It shall communicate that register and, if necess-
ary, regular updates thereof to the Commission, which shall
maintain an up-to-date online compilation of the national reg-
isters. It shall publish that compilation every year.

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TEXT PROPOSED
BY THE COMMISSION

Thursday 2 December 2004

AMENDMENTS
BY PARLIAMENT

Amendment 10
Article 4, paragraph 1

1. Without prejudice to data protection rules, persons to
whom the passport is issued shall have the right to verify the
personal data contained in the passport and, where appropriate,
to ask for any rectifications or erasure to be made.

1. Without prejudice to data protection rules, persons to
whom the passport is issued shall have the right to verify the
personal data contained in the passport and, where appropriate,
to ask for any rectifications or erasure to be made. Any verifi-
cation, rectification or erasure must be carried out free of
charge by the designated national authority.

Amendment 11
Article 4, paragraph 2

No information in machine-readable

form shall be
2.
included in the passport, unless provided for in this Regulation,
or its Annex, or unless it is mentioned in the passport.

No information in machine-readable

form shall be
2.
included in the passport, unless provided for in this Regulation,
or its Annex, or unless it is mentioned in the passport. No
further information shall be included in the passport.

Amendment 12
Article 4, paragraph 2a (new)

The biometric features in passports shall be used only

2a.
for verifying

(a)

the authenticity of the document;

(b)

the identity of the holder by means of directly available
comparable features when the passport is required to be
produced by law.

Amendment 13
Article 4, paragraph 2b (new)

2b. Member States shall regularly forward to the Commis-
sion audits of the application of this Regulation based on
commonly agreed standards, in particular with regard to the
purpose and access limitation rules. They shall also communi-
cate to the Commission any problems they encounter in apply-
ing the Regulation and shall exchange good practice with the
Commission and between themselves.

Amendment 14
Article 5, paragraph 3a (new)

3a.
The Committee shall be assisted by experts appointed
by the Working Party set up under Article 29 of Directive
95/46/EC.

Amendment 15
Article 5, paragraph 3b (new)

3b. Once the Committee has finalised the additional tech-
nical specifications referred to in Article 2(1), the Working
Party set up under Article 29 of Directive 95/46/EC shall
issue an opinion on the compliance of such specifications
with data-protection standards, which shall be forwarded to
the European Parliament, the Council and the Commission.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 16
Article 5, paragraph 3c (new)

3c.
The Commission shall forward its draft decision on the
additional technical specifications referred to in Article 2(1) to
the European Parliament which may, within a period of three
months, adopt a resolution opposing that draft decision.

Amendment 17
Article 5, paragraph 3d (new)

3d.
The Commission shall inform the European Parliament
of the action which it intends to take in response to the Euro-
pean Parliament's resolution and of its reasons for doing so.

Amendment 18
Article 5, paragraph 3e (new)

The confidentiality of the additional technical specifi-

3e.
cations referred to in Article 2(1) shall be guaranteed.

Amendment 19
Article 6, paragraph 2

The Member States shall apply this Regulation at the latest one
year following the adoption of the measures referred to in Arti-
cle 2. However, the validity of passports already issued shall not
be affected.

The application of this Regulation is contingent on the certifi-
cation by national data protection authorities that they have
adequate investigative powers and resources to enforce Direc-
tive 95/46/EC in relation to data collected thereunder. The
latest
Member States
18 months following the adoption of the measures referred to
in Article 2. However, the validity of passports already issued
shall not be affected.

shall apply this Regulation at

the

P6_TA(2004)0074

Situation in Ukraine

European Parliament resolution on Ukraine

The European Parliament,

— having regard to its previous resolutions on Ukraine,

— having regard, in particular, to its resolution on Ukraine adopted on 28 October 2004 (1),

— having regard to the Partnership and Cooperation Agreement between the European Communities and

their Member States, and Ukraine (2), which entered into force on 1 March 1998,

(1) Texts adopted, P6_TA(2004)0046.
(2) OJ L 49, 19.2.1998, p. 3.