natgillin/translations-raw huggingface dataset:
Всяко лице или държава-членка, претърпяла вреда вследствие на незаконно извършена операция по обработка или действие в нарушение на разпоредбите на настоящия регламент, има право на обезщетение от държавата-членка, която е отговорна за причинената вреда.
Any person who, or Member State which, has suffered damage as a result of an unlawful processing operation or any act in breach of this Regulation shall be entitled to receive compensation from the Member State which is responsible for the damage suffered.
Тази държава-членка се освобождава изцяло или отчасти от отговорност, ако докаже, че не носи отговорност за събитието, довело до причиняване на вредите.
That Member State shall be exempted from its liability, in whole or in part, if it proves that it is not responsible for the event giving rise to the damage.
Предявяването на искове срещу държава-членка за обезщетяване на вреда по предходния параграф се уреждат от нормите на националното законодателство на държавата-членка ответник.
Claims for compensation against a Member State for the damage referred to in the previous subparagraph shall be governed by the provisions of national law of the defendant Member State .
1.Д.5 Санкции
1.E.4 Penalties
Държавите-членки предприемат необходимите мерки, с които да се гарантира, че за всяко нарушение на разпоредбите на настоящия регламент, по-конкретно за злоупотреба с данни, предоставени по повод на заявление за виза, се налагат санкции, в т.ч. административни и/или наказателни санкции съобразно националното законодателство, които са ефикасни, съразмерни и разубеждаващи.
Member States shall take the necessary measures to ensure that any breach of this Regulation, in particular any misuse of data submitted for a visa application is punishable by penalties, including administrative and/or criminal penalties in accordance with national law, that are effective, proportionate and dissuasive.
This amendment replaces Amendment 29 of the draft report.
This amendment replaces Amendment 29 of the draft report.
A new part is added with general responsibilities for Member States which seem indispensable for the functioning of the VIS.
A new part is added with general responsibilities for Member States which seem indispensable for the functioning of the VIS.
A provision on the status of documents, data and biometric identifiers is important in order to ensure that they will benefit from consular protection.
A provision on the status of documents, data and biometric identifiers is important in order to ensure that they will benefit from consular protection.
A provision on training is necessary, given the specific expertise the enrolment of biometrics requires.
A provision on training is necessary, given the specific expertise the enrolment of biometrics requires.
Rules on liability and penalties are necessary in view of potential damage resulting from acts violating this Regulation.
Rules on liability and penalties are necessary in view of potential damage resulting from acts violating this Regulation.
The wording has been clarified to bring it into conformity with the wording in the VIS Regulation.
The wording has been clarified to bring it into conformity with the wording in the VIS Regulation.
Комисията представя на Европейския парламент и на Съвета доклад за прилагането на настоящия регламент две години след влизането му в сила .
The Commission shall present a report to the European Parliament and to the Council on the implementation of the present regulation two years after its entry into force .
Три години след въвеждането в действие на ВИС и на всеки четири години след това Комисията представя на Европейския парламент и на Съвета доклад за прилагането на настоящия регламент, в т.ч. прилагането на събиране на биометрични идентификатори, целесъобразността на избрания стандарт по ICAO, спазването на правилата за защита на данните, опита с външни доставчици на услуги, по-конкретно във връзка със събирането на биометрични данни, принципа на "първото заявление" и организацията на приемането и обработката на заявления за визи .
The Commission shall present , three years after the VIS is brought into operation and every four years thereafter, a report to the European Parliament and to the Council on the implementation of this Regulation, including the implementation of the enrolment of biometric identifiers, the approp ria teness of the ICAO standard chosen, compliance with data protection rules, experience with external service providers with specific reference to the collection of biometric data, the principle of the “first application” and the organisation of the reception and the processing of visa applications .
Въз основа на член 17, параграфи 12, 13 и 14 и член 50, параграф 4 от регламента за ВИС, докладът включва и случаите, в които фактически не могат да се предоставят пръстови отпечатъци или в които по правни съображения не се изискват такива отпечатъци, съпоставени със случаите, в които се снемат пръстови отпечатъци.
The report shall also include, on the basis of Article 17 (12), (13) and (14) and of Article 50(4) of the VIS Regulation, the cases in which fingerprints could factually not be provided or were not required to be provided for legal reasons compared with the number of cases in which fingerprints are taken.
Докладът включва и информация за случаи, в които лице, което фактически не може да предостави пръстови отпечатъци, е получило отказ за издаване на виза.
The report shall include information on cases in which a person who could factually not provide fingerprints was refused a visa.
При необходимост, докладът се съпровожда от подходящи предложения за изменение на настоящия регламент.
The report shall be accompanied, where necessary, by approp ria te proposals to amend this Regulation.
The present proposal is the 4th element of the VIS package.
The present proposal is the 4th element of the VIS package.
In modifying the existing Common Consular Instructions
In modifying the existing Common Consular Instructions
Consolidated version in OJ C 326 of 22.12.2005, p.1 - 149 it provides, firstly, for the obligation to give biometrics to be stored in the VIS and the standards for doing so.
Consolidated version in OJ C 326 of 22.12.2005, p.1 - 149 it provides, firstly, for the obligation to give biometrics to be stored in the VIS and the standards for doing so.
Secondly, it includes provisions on the organisation of the reception of visa applications.
Secondly, it includes provisions on the organisation of the reception of visa applications.
Although a complete revision of the visa rules is foreseen with the Visa Code
Although a complete revision of the visa rules is foreseen with the Visa Code
COM(2006)403; Report Lax the Commission has made this specific proposal separately.
COM(2006)403; Report Lax the Commission has made this specific proposal separately.
The underlying rationale of this approach is that the adoption of the Visa Code is likely to take longer than the present proposal of which the adoption could allow the VIS to start operating.
The underlying rationale of this approach is that the adoption of the Visa Code is likely to take longer than the present proposal of which the adoption could allow the VIS to start operating.
Technically it will be inserted in the visa code once this is agreed like was the case for the stamping of documents (Reg.
Technically it will be inserted in the visa code once this is agreed like was the case for the stamping of documents (Reg.
2133/2004) which was introduced in the Schengen Borders Code (Reg.
2133/2004) which was introduced in the Schengen Borders Code (Reg.
The rapporteur stresses the importance of ensuring coherence between the two proposals.
The rapporteur stresses the importance of ensuring coherence between the two proposals.
An introduction into the subject areas covered by the present proposal was given by the rapporteur in two simultaneous working documents.
An introduction into the subject areas covered by the present proposal was given by the rapporteur in two simultaneous working documents.
PE 386.565v01-00, 386.717v01-00 presented in LIBE on 10.4. and 8.5.2007.
PE 386.565v01-00, 386.717v01-00 presented in LIBE on 10.4. and 8.5.2007.
Those documents identified the politically sensitive questions and were the basis for several discussions.
Those documents identified the politically sensitive questions and were the basis for several discussions.
For the preparation of this draft report the rapporteur also took into consideration the very helpful opinions presented by the European Data Protection Supervisor
For the preparation of this draft report the rapporteur also took into consideration the very helpful opinions presented by the European Data Protection Supervisor
Opinion of 27.10.2006, OJ C 321 of 29.12.2006, p.
Opinion of 27.10.2006, OJ C 321 of 29.12.2006, p.
38 and the Article 29 Working Party.
38 and the Article 29 Working Party.
Opinion 3/2007 of 1.3.2007 (WP 134)
Opinion 3/2007 of 1.3.2007 (WP 134)
II.1 Fingerprints
II.1 Fingerprints
The rapporteur proposes to initially exempt persons below the age of 14 and over 79 from the obligation to provide fingerprints, with a review of these age limits after three years following a detailed study.
The rapporteur proposes to initially exempt persons below the age of 14 and over 79 from the obligation to provide fingerprints, with a review of these age limits after three years following a detailed study.
The choice of these age limits have to be essentially a policy choice at this stage rather than one based on technical guidance, for the simple reason that objective, independent advice is lacking.
The choice of these age limits have to be essentially a policy choice at this stage rather than one based on technical guidance, for the simple reason that objective, independent advice is lacking.
There was no impact assessment accompanying the proposal from the Commission, which considering its promises and commitments on better regulation is deeply regrettable and pretty shocking.
There was no impact assessment accompanying the proposal from the Commission, which considering its promises and commitments on better regulation is deeply regrettable and pretty shocking.
The Commission seems just to have put forward a proposal largely reflecting discussions which took place with the Member States in the Council.
The Commission seems just to have put forward a proposal largely reflecting discussions which took place with the Member States in the Council.
In addition, there exists no large-scale experience of fingerprinting children under 14 or elderly persons.
In addition, there exists no large-scale experience of fingerprinting children under 14 or elderly persons.
Thus in the absence of credible technical guidance the rapporteur believes that it is wise in the initial stage to adopt age limits which we are sure will be workable, thereby avoiding unnecessary risks of turning the VIS project into a big experiment.
Thus in the absence of credible technical guidance the rapporteur believes that it is wise in the initial stage to adopt age limits which we are sure will be workable, thereby avoiding unnecessary risks of turning the VIS project into a big experiment.
Since the only currently comparable large-scale applications of fingerprints are Eurodac (minimum age 14 years) and US-Visit (14 to 79 years) those age limits should also be used for an initial period for the VIS.
Since the only currently comparable large-scale applications of fingerprints are Eurodac (minimum age 14 years) and US-Visit (14 to 79 years) those age limits should also be used for an initial period for the VIS.
But even if there was proven technology to fingerprint children of a very low age one should think twice and ask about how appropriate, necessary and proportionate that would be.
But even if there was proven technology to fingerprint children of a very low age one should think twice and ask about how appropriate, necessary and proportionate that would be.
Such a full analysis cannot be done here, although the rapporteur believes that at least the following points would deserve further reflection.
Such a full analysis cannot be done here, although the rapporteur believes that at least the following points would deserve further reflection.
Firstly, it has to be considered whether the taking of fingerprints of children below the age of 14 is necessary to achieve the objectives of the VIS as laid down in Article 1a of the agreed text.
Firstly, it has to be considered whether the taking of fingerprints of children below the age of 14 is necessary to achieve the objectives of the VIS as laid down in Article 1a of the agreed text.
For the first objective, facilitating the visa application procedure, fingerprints of young children are not necessary.
For the first objective, facilitating the visa application procedure, fingerprints of young children are not necessary.
On the contrary, this would complicate the application for a visa through the child having to come to the consulate to provide their fingerprints.
On the contrary, this would complicate the application for a visa through the child having to come to the consulate to provide their fingerprints.
Since the fingerprints of children are subject to change, we could see the absurd situation where fingerprints of children would have to be taken for example every two years while those of the parents were taken every four or five years.
Since the fingerprints of children are subject to change, we could see the absurd situation where fingerprints of children would have to be taken for example every two years while those of the parents were taken every four or five years.
For the second VIS objective, the prevention of visa shopping, younger age limits are also unnecessary since usually young children travel with their parents with whose application files their own are linked according to Article 5(4) of the VIS Regulation.
For the second VIS objective, the prevention of visa shopping, younger age limits are also unnecessary since usually young children travel with their parents with whose application files their own are linked according to Article 5(4) of the VIS Regulation.
For the third objective, the facilitation of the fight against fraud, it is generally considered that biometrics could make visas more difficult to forge.
For the third objective, the facilitation of the fight against fraud, it is generally considered that biometrics could make visas more difficult to forge.
There is, however, no information available whether there is a problem of forged visas of children.
There is, however, no information available whether there is a problem of forged visas of children.
In case of the fourth objective - the facilitation of border control - biometrics would allow a check at the border as to whether the person present is the same person to whom the visa was issued.
In case of the fourth objective - the facilitation of border control - biometrics would allow a check at the border as to whether the person present is the same person to whom the visa was issued.
Though it is not an explicit VIS objective, this could in theory be relevant to the fight against child trafficking through a check on whether the child at the border it is the same child as the one at the consulate with the parents.
Though it is not an explicit VIS objective, this could in theory be relevant to the fight against child trafficking through a check on whether the child at the border it is the same child as the one at the consulate with the parents.
But the question of whether the 'family' presenting itself at the consulate is indeed a family is outside the realm of the CCI and the VIS.
But the question of whether the 'family' presenting itself at the consulate is indeed a family is outside the realm of the CCI and the VIS.
There is indeed a risk that reliance on VIS certainty would actually mean a reduction in the likelihood of border questioning over whether a group constitutes a family.
There is indeed a risk that reliance on VIS certainty would actually mean a reduction in the likelihood of border questioning over whether a group constitutes a family.
The rapporteur considers it disproportionate to require fingerprints from young children while they are not systematically checked at the border.
The rapporteur considers it disproportionate to require fingerprints from young children while they are not systematically checked at the border.
She believes that that this three year period should be used for an extended study on age limits for fingerprints so that at the end of the period any decision to change age limits could be made on a better-informed basis.
She believes that that this three year period should be used for an extended study on age limits for fingerprints so that at the end of the period any decision to change age limits could be made on a better-informed basis.
For the fifth VIS objective, to assist in the identification of undocumented persons, fingerprints of young children are equally unnecessary since they are not of adequate quality to use for identification as the Commission acknowledges.
For the fifth VIS objective, to assist in the identification of undocumented persons, fingerprints of young children are equally unnecessary since they are not of adequate quality to use for identification as the Commission acknowledges.
"The fingerprints of children aged 6-12 years are useful only for a one-to-one comparison." (p.9 of the proposal)
"The fingerprints of children aged 6-12 years are useful only for a one-to-one comparison." (p.9 of the proposal)
For the sixth objective, facilitating the application of the Dublin II Regulation
For the sixth objective, facilitating the application of the Dublin II Regulation
Briefing Paper "Biometrics and Visa Applications" by Steve Peers, p.5
Briefing Paper "Biometrics and Visa Applications" by Steve Peers, p.5
Finally, it is also doubtful whether the fingerprints of children below 14 would contribute to the prevention of threats to internal security.
Finally, it is also doubtful whether the fingerprints of children below 14 would contribute to the prevention of threats to internal security.
While it is imaginable in very rare cases that children are involved in terrorist acts or other serious crimes there are doubts as to whether this would justify taking fingerprints of so many children.
While it is imaginable in very rare cases that children are involved in terrorist acts or other serious crimes there are doubts as to whether this would justify taking fingerprints of so many children.
The rapporteur believes that an upper age limit of 79 as in US-Visit is equally important.
The rapporteur believes that an upper age limit of 79 as in US-Visit is equally important.
Persons over 79 are very unlikely to be an immigration or terrorism risk.
Persons over 79 are very unlikely to be an immigration or terrorism risk.
It seems disproportionate to burden them with the obligation to travel to a consulate and possibly queue several times outside.
It seems disproportionate to burden them with the obligation to travel to a consulate and possibly queue several times outside.
Without the obligation to provide fingerprints they could use traditional methods like a travel agency.
Without the obligation to provide fingerprints they could use traditional methods like a travel agency.
In addition, the accuracy of fingerprints decrease as people grow older.
In addition, the accuracy of fingerprints decrease as people grow older.
This means that they might encounter unjustified problems at the consulate or at the border.
This means that they might encounter unjustified problems at the consulate or at the border.
It is also much more difficult for old people to give fingerprints if they are hesitant or do not understand the technology.
It is also much more difficult for old people to give fingerprints if they are hesitant or do not understand the technology.
The rapporteur would not want the EU to give the image to the outside world of failing to respect older people.
The rapporteur would not want the EU to give the image to the outside world of failing to respect older people.
II.2 Photographs
II.2 Photographs
The Commission does not propose any age exemption for photographs and the rapporteur agrees with this.
The Commission does not propose any age exemption for photographs and the rapporteur agrees with this.
The Commission leaves open the question of whether scanned photographs are used or photographs taken at the consulate.
The Commission leaves open the question of whether scanned photographs are used or photographs taken at the consulate.
The rapporteur is of the opinion that for persons exempted from fingerprinting, as a rule scanned photographs should be used to avoid them having to come to the consulate just for the taking of a photograph.
The rapporteur is of the opinion that for persons exempted from fingerprinting, as a rule scanned photographs should be used to avoid them having to come to the consulate just for the taking of a photograph.
II.3 Frequency of collection
II.3 Frequency of collection
The Commission proposes to require the applicant to appear in person for enrolment for the first application and to copy that data for any subsequent application within a period of 48 months.
The Commission proposes to require the applicant to appear in person for enrolment for the first application and to copy that data for any subsequent application within a period of 48 months.
The rapporteur proposes to extend this period to 59 months which still guarantees that the data is available in the VIS in conformity with its retention period of 5 years.
The rapporteur proposes to extend this period to 59 months which still guarantees that the data is available in the VIS in conformity with its retention period of 5 years.
This prolongation of the period does not affect the security of the visa process and increases its user-friendliness.
This prolongation of the period does not affect the security of the visa process and increases its user-friendliness.
The rapporteur also proposes an amendment clarifying that after 59 months new biometric data must be taken, since the Commission proposal seemed to imply that if a person regularly applies for a visa (within the period of 48 months) the same biometric data could be used for a lifetime.
The rapporteur also proposes an amendment clarifying that after 59 months new biometric data must be taken, since the Commission proposal seemed to imply that if a person regularly applies for a visa (within the period of 48 months) the same biometric data could be used for a lifetime.
Lastly, the rapporteur would like to point out that the choice of 14 as the age limit for fingerprints is linked to the frequency of collection.
Lastly, the rapporteur would like to point out that the choice of 14 as the age limit for fingerprints is linked to the frequency of collection.
If the age limit was lowered, than the fingerprints of children would have to be taken more often since they constantly change.
If the age limit was lowered, than the fingerprints of children would have to be taken more often since they constantly change.
Reception of visa applications
Reception of visa applications
III.1 Outsourcing
III.1 Outsourcing
The rapporteur agrees with the general concept of outsourcing in so far as it improves the service for visa applicants and as long as it takes place under conditions which ensure the integrity of the visa issuing process.
The rapporteur agrees with the general concept of outsourcing in so far as it improves the service for visa applicants and as long as it takes place under conditions which ensure the integrity of the visa issuing process.