natgillin/translations-raw huggingface dataset:
At that time, consultation was the procedure to follow for both kinds of regulation and Parliament was consulted accordingly.
At that time, consultation was the procedure to follow for both kinds of regulation and Parliament was consulted accordingly.
The rapporteur, who had at the time also been designated as responsible for examining those proposals, expressed doubts about both proposals.
The rapporteur, who had at the time also been designated as responsible for examining those proposals, expressed doubts about both proposals.
The Commission decided to withdraw one of them, undertaking to submit a modified version on a uniform format for residence permits for third-country nationals as soon as all the technical uncertainties had been resolved.
The Commission decided to withdraw one of them, undertaking to submit a modified version on a uniform format for residence permits for third-country nationals as soon as all the technical uncertainties had been resolved.
The uniform format for visas is closely linked to the development of VIS, i.e. a system for the exchange of visa data between Member States on a common technical platform with the Schengen Information System II, and it will be dealt with in the framework of the VIS system.
The uniform format for visas is closely linked to the development of VIS, i.e. a system for the exchange of visa data between Member States on a common technical platform with the Schengen Information System II, and it will be dealt with in the framework of the VIS system.
As far as a uniform format for residence permits for third-country nationals is concerned, on 13 March 2006 the Commission submitted a modified proposal for a Council regulation amending Regulation (EC) 1030/2002.
As far as a uniform format for residence permits for third-country nationals is concerned, on 13 March 2006 the Commission submitted a modified proposal for a Council regulation amending Regulation (EC) 1030/2002.
The two issues, residence permit and visas, have been separated since they serve two different goals, the former being to take mandatory biometric identifiers from visa applicants and to provide a legal framework,
The two issues, residence permit and visas, have been separated since they serve two different goals, the former being to take mandatory biometric identifiers from visa applicants and to provide a legal framework,
Proposal for a Regulation of the European Parliament and of the Council amending the Common Consular Instructions on visas for diplomatic missions and consular posts in relation to the introduction of biometrics including provisions on the organisation of the reception and processing of visa applications, COM(2006) 269 . and the latter being to establish a common format for residence permits for third-country nationals in the EU.
Proposal for a Regulation of the European Parliament and of the Council amending the Common Consular Instructions on visas for diplomatic missions and consular posts in relation to the introduction of biometrics including provisions on the organisation of the reception and processing of visa applications, COM(2006) 269 . and the latter being to establish a common format for residence permits for third-country nationals in the EU.
At the current moment, Parliament has been re-consulted on the issue of a uniform format for the residence permit.
At the current moment, Parliament has been re-consulted on the issue of a uniform format for the residence permit.
The legal basis for this consultation is Article 63(3)(a) TEC.
The legal basis for this consultation is Article 63(3)(a) TEC.
The current proposal
The current proposal
This new proposal refers to the introduction of biometric data (facial image and two fingerprint images of the holder) in the residence permit which will be produced as a standalone card and must be machine readable.
This new proposal refers to the introduction of biometric data (facial image and two fingerprint images of the holder) in the residence permit which will be produced as a standalone card and must be machine readable.
The residence permit will still be issued within a period up to two years after the adoption of the technical specifications
The residence permit will still be issued within a period up to two years after the adoption of the technical specifications
Point (1)(a) in Annex to COM (2006) 110 , in a sticker form.
Point (1)(a) in Annex to COM (2006) 110 , in a sticker form.
See Point 16 in the Regulation's Annex, COM (2006) 110.
See Point 16 in the Regulation's Annex, COM (2006) 110.
This proposal of inserting a contact chip to allow the use of new technologies such as e-government, digital signatures, etc was introduced following the reasoning of the Estonian government wishing to treat their citizens and third-country residents on an equal basis giving them access to e-services via ID cards and residence permits. .
This proposal of inserting a contact chip to allow the use of new technologies such as e-government, digital signatures, etc was introduced following the reasoning of the Estonian government wishing to treat their citizens and third-country residents on an equal basis giving them access to e-services via ID cards and residence permits. .
The possible insertion of an additional storage medium for national use in the residence permit would allow taking into account any national developments in the field of authentication, certification, digital signature and e-government services for third-country nationals living legally in EU territory.
The possible insertion of an additional storage medium for national use in the residence permit would allow taking into account any national developments in the field of authentication, certification, digital signature and e-government services for third-country nationals living legally in EU territory.
However, the use of this contact chip
However, the use of this contact chip
The employment of a contact chip for national use is optional - see Point 16 in the Regulation's Annex, COM (2006) 110. or any other technically possible option in the same residence permit where biometrics are stored is only acceptable if it is accompanied by strict data protection rules and the necessary safeguards are in place.
The employment of a contact chip for national use is optional - see Point 16 in the Regulation's Annex, COM (2006) 110. or any other technically possible option in the same residence permit where biometrics are stored is only acceptable if it is accompanied by strict data protection rules and the necessary safeguards are in place.
The rapporteur's position
The rapporteur's position
First of all, the rapporteur welcomes the new proposal, which represents a good effort towards the harmonisation of the format of residence permits issued by Member States to third-country nationals.
First of all, the rapporteur welcomes the new proposal, which represents a good effort towards the harmonisation of the format of residence permits issued by Member States to third-country nationals.
He also highly appreciates the fact that visa and residence permits are no longer linked as they were in the Commission's first proposal of 2003,
He also highly appreciates the fact that visa and residence permits are no longer linked as they were in the Commission's first proposal of 2003,
COM (2003) 558 since they serve two different goals, as is clarified in the first part of this report.
COM (2003) 558 since they serve two different goals, as is clarified in the first part of this report.
Secondly, the rapporteur would like to stress that the residence permit in itself is not a travel document but will be considered as a 'species' of' ID document to be used in the Schengen area.
Secondly, the rapporteur would like to stress that the residence permit in itself is not a travel document but will be considered as a 'species' of' ID document to be used in the Schengen area.
This will imply that all third- country nationals legally residing in the EU and therefore possessing a residence permit can be identifiable in the same way inside the Schengen area.
This will imply that all third- country nationals legally residing in the EU and therefore possessing a residence permit can be identifiable in the same way inside the Schengen area.
This consideration makes it possible to clarify that, like a simple ID card, the residence permit should respect the same high security standards as are defined for national ID cards, without any need to follow the specifications set out in the ICAO document 9303 on machine-readable visas.
This consideration makes it possible to clarify that, like a simple ID card, the residence permit should respect the same high security standards as are defined for national ID cards, without any need to follow the specifications set out in the ICAO document 9303 on machine-readable visas.
Those standards should apply only to travel documents proper, and in addition that document has been the object of successive alterations made via a process lacking in transparency or democratic legitimacy.
Those standards should apply only to travel documents proper, and in addition that document has been the object of successive alterations made via a process lacking in transparency or democratic legitimacy.
The reference made in the third recital of the new proposal and in its Annex to the ICAO standards should therefore be replaced by more rigorous security specifications defined according to the specific goals the residence permit will be used for.
The reference made in the third recital of the new proposal and in its Annex to the ICAO standards should therefore be replaced by more rigorous security specifications defined according to the specific goals the residence permit will be used for.
The core of the proposal lies in the introduction of biometric identifiers, i.e. a Radio Frequency Chip (RFID) containing a facial image (within two years of the adoption of technical measures) and fingerprints in interoperable formats (within three years).
The core of the proposal lies in the introduction of biometric identifiers, i.e. a Radio Frequency Chip (RFID) containing a facial image (within two years of the adoption of technical measures) and fingerprints in interoperable formats (within three years).
As a matter of principle, the rapporteur agrees with the intention of the proposal, i.e. to use biometrics in order to strengthen the security of residence permits.
As a matter of principle, the rapporteur agrees with the intention of the proposal, i.e. to use biometrics in order to strengthen the security of residence permits.
The introduction of biometrics will in fact help combat document fraud, thus preventing falsification and identity theft.
The introduction of biometrics will in fact help combat document fraud, thus preventing falsification and identity theft.
Furthermore, the major advantage of the use of biometrics is to create a more reliable link between the residence permit and its holder.
Furthermore, the major advantage of the use of biometrics is to create a more reliable link between the residence permit and its holder.
Nevertheless, the introduction and processing of biometric data for identity documents needs to have particularly consistent and serious safeguards, especially regarding the way they are collected and used.
Nevertheless, the introduction and processing of biometric data for identity documents needs to have particularly consistent and serious safeguards, especially regarding the way they are collected and used.
Biometric features stored in residence permits should only be used for verifying the authenticity of the document and the identity of the holder by means of directly available comparable features.
Biometric features stored in residence permits should only be used for verifying the authenticity of the document and the identity of the holder by means of directly available comparable features.
As the former European Justice and Home Affairs Commissioner Antonio Vitorino has rightly pointed out, biometrics, 'like any other technology, is not dangerous in itself, but it is the use one makes of it that might endanger fundamental rights'
As the former European Justice and Home Affairs Commissioner Antonio Vitorino has rightly pointed out, biometrics, 'like any other technology, is not dangerous in itself, but it is the use one makes of it that might endanger fundamental rights'
Opinion expressed by European JHA Commissioner Antonio Vitorino at a public hearing at the EP on 2 March 2004. .
Opinion expressed by European JHA Commissioner Antonio Vitorino at a public hearing at the EP on 2 March 2004. .
There are some issues in the new proposal that need further clarification, above all as far as the means of collection of biometric data is concerned.
There are some issues in the new proposal that need further clarification, above all as far as the means of collection of biometric data is concerned.
A list of common obligations or requirements to follow should be drafted for Member States taking into account the specificity of such data.
A list of common obligations or requirements to follow should be drafted for Member States taking into account the specificity of such data.
Moreover, in order to facilitate the implementation of the biometric residence permit it would be useful to provide Member States with a common methodology and best practices.
Moreover, in order to facilitate the implementation of the biometric residence permit it would be useful to provide Member States with a common methodology and best practices.
The rapporteur notes with disappointment that nothing is foreseen in the current proposal on which we are consulted as regards the collection of biometrics as far as children are concerned.
The rapporteur notes with disappointment that nothing is foreseen in the current proposal on which we are consulted as regards the collection of biometrics as far as children are concerned.
Further clarification on this matter will be welcome.
Further clarification on this matter will be welcome.
The rapporteur is also concerned about the lack of fallback procedures for those people who cannot provide usable fingerprints or facial scanning because of physical reasons such as a disability or an accident.
The rapporteur is also concerned about the lack of fallback procedures for those people who cannot provide usable fingerprints or facial scanning because of physical reasons such as a disability or an accident.
A general obligation to provide facial scanning and fingerprints should be accompanied by the exemption from this obligation for any person unable to provide biometric data because of physical incapacities in order to respect that person's dignity.
A general obligation to provide facial scanning and fingerprints should be accompanied by the exemption from this obligation for any person unable to provide biometric data because of physical incapacities in order to respect that person's dignity.
This exemption from providing fingerprints should neither decrease the security level of the residence permit nor stigmatise those individuals with unreadable fingerprints.
This exemption from providing fingerprints should neither decrease the security level of the residence permit nor stigmatise those individuals with unreadable fingerprints.
The reason for the exemption could be stored in the chip of the residence permit.
The reason for the exemption could be stored in the chip of the residence permit.
As already pointed out, the question of allowing access to e-services (e-government, health, identification, etc) via ID cards and residence permits and the insertion of an additional chip raises several concerns.
As already pointed out, the question of allowing access to e-services (e-government, health, identification, etc) via ID cards and residence permits and the insertion of an additional chip raises several concerns.
The Article 6 Committee's conclusions of February 2007 try to give answers as regards the various technical possibilities concerning compatibility between different kinds of chips
The Article 6 Committee's conclusions of February 2007 try to give answers as regards the various technical possibilities concerning compatibility between different kinds of chips
Three options are to be considered: 1) a contactless chip for biometrics and a contact chip for national uses; 2) a single contactless chip for both national data and biometric identifiers, with clearly separated architecture and access; 3) a single chip with a dual interface, i.e. contactless for biometrics data and with contact for national data. storing both biometrics and national data.
Three options are to be considered: 1) a contactless chip for biometrics and a contact chip for national uses; 2) a single contactless chip for both national data and biometric identifiers, with clearly separated architecture and access; 3) a single chip with a dual interface, i.e. contactless for biometrics data and with contact for national data. storing both biometrics and national data.
The rapporteur recognises the importance of technical issues, but would like to stress his disappointment at the lack of any reference to the security level of a system that is made up of different parts.
The rapporteur recognises the importance of technical issues, but would like to stress his disappointment at the lack of any reference to the security level of a system that is made up of different parts.
Independently of the choice made regarding the type of chip to be used and the technical implications
Independently of the choice made regarding the type of chip to be used and the technical implications
Such as the deadline for adoption and implementation of the technical specifications, the storage capacity, the production costs and the durability. related to it, it is equally important to guarantee that any choice ensures a high level of security as far as sensitive data (e.g. biometrics) are concerned.
Such as the deadline for adoption and implementation of the technical specifications, the storage capacity, the production costs and the durability. related to it, it is equally important to guarantee that any choice ensures a high level of security as far as sensitive data (e.g. biometrics) are concerned.
Contrary to the current situation, can the use of e-government services be implemented in a relatively 'safe' environment?
Contrary to the current situation, can the use of e-government services be implemented in a relatively 'safe' environment?
Until there is a satisfactory answer to this question, we should think carefully as regards the possibility of introducing e-services data at this point, since we cannot risk rushing into solutions which could force us to admit later on that we were not properly prepared, or that a given solution was in fact too expensive or technologically out-of-date or could compromise the security of sensitive data.
Until there is a satisfactory answer to this question, we should think carefully as regards the possibility of introducing e-services data at this point, since we cannot risk rushing into solutions which could force us to admit later on that we were not properly prepared, or that a given solution was in fact too expensive or technologically out-of-date or could compromise the security of sensitive data.
Any such action would undermine the trust of all in biometrics.
Any such action would undermine the trust of all in biometrics.
In fact, we should establish a list of criteria that should be met before introducing the possibility of storing e-services data - for instance, a limited list of purposes and data which will be stored.
In fact, we should establish a list of criteria that should be met before introducing the possibility of storing e-services data - for instance, a limited list of purposes and data which will be stored.
As was recalled in the first recital of the proposal, one of the aims of the Treaty of Amsterdam is to confer the right of initiative on the Commission for proposing necessary and relevant measures for a harmonised immigration policy.
As was recalled in the first recital of the proposal, one of the aims of the Treaty of Amsterdam is to confer the right of initiative on the Commission for proposing necessary and relevant measures for a harmonised immigration policy.
In order to do so, the Commission should provide Member States with a clear definition of which authorities will be competent for carrying out checks on residence permits.
In order to do so, the Commission should provide Member States with a clear definition of which authorities will be competent for carrying out checks on residence permits.
This will become even more relevant if the e-services option is implemented, as in this case the number of authorities which might have access to the residence permit will increase considerably.
This will become even more relevant if the e-services option is implemented, as in this case the number of authorities which might have access to the residence permit will increase considerably.
It will then be crucial, for both Member States issuing the residence permit and those where third-country nationals need to be identified, to have a detailed list of the authorities responsible for carrying out checks on residence permits, in order to avoid misuse of these sensitive data.
It will then be crucial, for both Member States issuing the residence permit and those where third-country nationals need to be identified, to have a detailed list of the authorities responsible for carrying out checks on residence permits, in order to avoid misuse of these sensitive data.
The role of the European Data Protection Authority in all matters related to data protection should also be recognised.
The role of the European Data Protection Authority in all matters related to data protection should also be recognised.
Its advisory role would be of great help for any decisions having a substantial impact on data protection, such as access to and introduction of biometric data, quality and collection of those data, technical compliance of the storage medium, and implementation of security measures for the protection of the biometric features
Its advisory role would be of great help for any decisions having a substantial impact on data protection, such as access to and introduction of biometric data, quality and collection of those data, technical compliance of the storage medium, and implementation of security measures for the protection of the biometric features
See the opinion of the European Data Protection Authority on the modified proposal for a Council Regulation amending Regulation (EC) 1030/2002 laying down a uniform format for residence permits for third-country nationals., Brussels, 16 October 2006. .
See the opinion of the European Data Protection Authority on the modified proposal for a Council Regulation amending Regulation (EC) 1030/2002 laying down a uniform format for residence permits for third-country nationals., Brussels, 16 October 2006. .
A final consideration, more general in character, concerns the need to put forward a crucial change in the field of the AFSJ.
A final consideration, more general in character, concerns the need to put forward a crucial change in the field of the AFSJ.
The rapporteur believes that the whole Title IV TEC should be governed by the ordinary legislative regime, i.e. the codecision procedure under Article 251 TEC
The rapporteur believes that the whole Title IV TEC should be governed by the ordinary legislative regime, i.e. the codecision procedure under Article 251 TEC
Certain progress was achieved in enhancing codecision in the field of the AFSJ, thanks to the Council Decision of 22 December 2004 providing for certain areas covered by Title IV of Part Three of the Treaty establishing the European Community to be governed by the procedure laid down in Article 251 of that Treaty, OJ L 396, 31.12.2004, p.
Certain progress was achieved in enhancing codecision in the field of the AFSJ, thanks to the Council Decision of 22 December 2004 providing for certain areas covered by Title IV of Part Three of the Treaty establishing the European Community to be governed by the procedure laid down in Article 251 of that Treaty, OJ L 396, 31.12.2004, p.