Annexes to COM(2010)555 - Establishment of 'EURODAC' for the comparison of fingerprints for the effective application of Regulation (EC) No […/…] [establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person] (Recast version)

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2010)555 - Establishment of 'EURODAC' for the comparison of fingerprints for the effective application of Regulation (EC) No […/…] ...
document COM(2010)555 EN
date October 11, 2010
Annex I

Data format for the exchange of fingerprint data

The following format is prescribed for the exchange of fingerprint data:

ANSI/NIST - CSL 1 1993 ð ANSI/NIST-ITL 1a-1997, Ver.3, June 2001 (INT-1) ï and any future further developments of this standard.

Norm for Member State identification letters

The following ISO norm will apply: ISO 3166 - 2 letters code.

Annex II

[pic]

é

ANNEX II Repealed Regulations (referred to in Article 33)

Council Regulation (EC) No 2725/2000/EC Council Regulation (EC) No 407/2002/EC | (OJ L 316, 15.12.2000, p. 1.) (OJ L 062, 05.03.2002 p. 1.) |

ANNEX IIICorrelation table

Regulation 2725/2000/EC | This Regulation |

Article 1(1) | Article 1(1) |

Article 1(2), first subparagraph | Article 4(1) |

Article 1(2), second subparagraph | Article 4(4) |

Article 1(2), third subparagraph | Article 3(4) |

Article 1(3) | Article 1(2) |

Article 3(1) | deleted |

Article 2 | Article 2 |

Article 3(2) | Article 5(3) |

Article 3(3) | Article 5 |

Article 3(4) | deleted |

Article 4(1) | Article 6(1), 3(5) |

Article 4(2) | Deleted |

Article 4(3) | Article 6(3) |

Article 4(4) | Article 6(4) |

Article 4(5) | Article 6(5) |

Article 4(6) | Article 19(4) |

Article 5 | Article 8 |

Article 6 | Article 9 |

Article 7 | Article 10 |

Article 8 | Article 11 |

Article 9 | Article 12 |

Article 10 | Article 13 |

Article 11(1)-(4) | Article 14(1)-(4) |

Article 11(5) | deleted |

Article 12 | - Article 15 |

Article 13 | Article 16 |

Article 14 | - Article 20 |

Article 15 | Article 21 |

Article 16 | Article 22 |

Article 17 | Article 23 |

Article 18 | Article 24 |

Article 19 | Article 25 |

Article 20 | -- |

Article 21 | Article 28 |

Article 22 | deleted |

Article 23 | deleted |

Article 24 | Article 29 |

Article 25 | Article 30 |

Article 26 | Article 31 |

Article 27 | Article 34 |

- | Annex II |

Regulation 407/2002/EC | This Regulation |

Article 2 | Article 17 |

Article 3 | Article 18 |

Article 4 | Article 19 |

Article 5(1) | Article 3(2) |

Annex I | Annex I |

Annex II | - |

LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS

1. FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1. Title of the proposal/initiative

Amended proposal for a Regulation of the European Parliament and the Council on the establishment of "EURODAC" for the comparison of fingerprints for the effective application of Regulation (EC) No […/…] establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national or a stateless person.

1.2. Policy area(s) concerned in the ABM/ABB structure

Area of Freedom, Security and Justice (title 18)

Migration flows — Common immigration and asylum policies (chapter 18.03)

1.3. Nature of the proposal/initiative

The proposal relates to the extension of an existing action, ie. the amendment of the Regulation establishing the EURODAC database.

1.4. Objective(s)

This proposal retains from the previous proposal [COM (2009) 342 final] the improvements of the system as regards new, asylum-focused functionalities and, at the same time, deletes the functionality of law enforcement searches proposed in that same proposal.

The cost estimate of 230.000 EUR in this financial statement replaces the 2.415.000€ asked for in the 2009 proposal mentioned above.

The present legislative financial statement only deals with the costs foreseen to occur with respect to the changes introduced by the present amendment; hence it does not deal with the costs of regular management of EURODAC.

1.5. Grounds for the proposal/initiative

This proposal will provide a solution to the issues flagged for improvement during the five years of operation of the already existing database. It was drafted in full coherence with the recast proposal on the Dublin Regulation.[23]

1.6. Duration and financial impact

It is envisaged that the Regulation will be adopted by the end of 2011 for an undetermined duration.

Financial impact from 2011 to 2012.

1.7. Management method(s) envisaged

Centralised direct management by the Commission. After an interim period, the operational management of EURODAC is expected to be transferred to an Agency responsible for SIS II, VIS and other IT systems in the area of freedom, security and justice. Regarding the setting up of this Agency, a separate proposal was presented by the Commission, assessing the relevant costs.

2. MANAGEMENT MEASURES

2.1. Monitoring and reporting rules

Monitoring of the efficiency of the changes introduced by the present proposal is to be performed in the framework of the annual reports on the activities of the EURODAC Central Unit.

Monitoring of data protection issues will be performed by the European Data Protection Supervisor.

2.2. Management and control system

The operational management of EURODAC (currently under centralised direct management by the Commission) is expected to be transferred to an Agency responsible for SIS II, VIS and other IT systems in the area of freedom, security and justice. Regarding the setting up of this Agency, a separate proposal was presented by the Commission, assessing the relevant costs.[24]

2.3. Measures to prevent fraud and irregularities

In order to combat fraud, corruption and other unlawful activities, the provisions of Regulation (EC) No 1037/1999 shall apply without restriction to the Agency responsible for the management of EURODAC (once established on the basis of the Amended proposal for a Regulation (EU) No …/… of the European Parliament and of the Council on establishing an Agency for the operational management of large-scale IT systems in the area of freedom, security and justice, COM(2010)93).

3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

Financial framework 2007-2013: Heading 3A

Budget line: 18.03.11 - Eurodac

3.2. Estimated impact on expenditure

3.2.1. Summary of estimated impact on expenditure

Total impact on expenditure: 293.000 EUR.

3.2.2. Estimated impact on operational appropriations

The total impact on operational appropriations is 230.000 EUR.

3.2.3. Estimated impact on appropriations of an administrative nature

The total impact on appropriations of an administrative nature is 63.000 EUR.

3.2.4. Compatibility with the current multiannual financial framework

The proposal is compatible with the current multiannual financial framework.

3.2.5. Third-party participation in financing

The proposal does not provide for co-financing by third parties.

3.3. Estimated impact on revenue

An impact on revenue of 29.000 EUR is expected from NO, IS and CH contributions.

LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS

FRAMEWORK OF THE PROPOSAL/INITIATIVE

Title of the proposal/initiative

Amended proposal for a Regulation of the European Parliament and the Council on the establishment of "EURODAC" for the comparison of fingerprints for the effective application of Regulation (EC) No […/…] establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national or a stateless person.[25]

Policy area(s) concerned in the ABM/ABB structure[26]

Policy Area: Area of Freedom, Security and Justice (title 18)

Migration flows — Common immigration and asylum policies (chapter 18.03)

Nature of the proposal/initiative

( The proposal/initiative relates to a new action

( The proposal/initiative relates to a new action following a pilot project/preparatory action[27]

( The proposal/initiative relates to the extension of an existing action

( The proposal/initiative relates to an action redirected towards a new action

Objectives

The Commission's multiannual strategic objective(s) targeted by the proposal/initiative

Non applicable.

Specific objective(s) and ABM/ABB activity(ies) concerned

Specific objective No ..

Contribute to the completion of the Common European Asylum System by adopting higher common standards of protection, supporting practical cooperation and increasing solidarity within the EU and between the EU and third countries with the support of the European Refugee Fund.

ABM/ABB activity(ies) concerned

18 03 : Migration flows — Common immigration and asylum policies.

Expected result(s) and impact

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.

This proposal retains from the previous proposal [COM (2009) 342 final] the improvements of the system as regards new, asylum-focused functionalities and, at the same time, deletes the functionality of law enforcement searches proposed in that same proposal. The cost estimate of 230.000 EUR replaces the 2.415.000€ asked for in the 2009 proposal.

The proposal will better manage and protect the data of data subjects while it will also facilitate Member States' procedures to determine the Member State responsible for the assessment of an asylum claim.

Indicators of results and impact

Specify the indicators for monitoring implementation of the proposal/initiative.

The main objectives of the proposal are to improve the efficiency of EURODAC and to better address data protection concerns. The indicators would be the statistics on the operation of EURODAC, eg. those on missed hits and wrong hits, transmission delays, etc.

Grounds for the proposal/initiative

Requirement(s) to be met in the short or long term

In order to inform Member States of the status of those applicants who have in fact been already granted international protection in a Member State, data on refugees should be deblocked (i.e. made available for searches).

In order to better facilitate the application of the Dublin Regulation, Member States will be required to indicate in EURODAC the fact that they apply the sovereignty or the humanitarian clauses provided for by that Regulation, ie. assume responsibility for the assessment of the claim of an applicant for whom they would not normally be responsible under the criteria of the Dublin Regulation.

In order to ensure consistency with the asylum acquis, the scope of the Regulation is proposed to be extended to cover subsidiary protection.

In order to ensure consistency with the asylum acquis, the storage period for data on third country nationals or stateless persons fingerprinted in connection with the irregular crossing of an external border is proposed to be aligned with the period until which Article 10(1) of the Dublin Regulation allocates responsibility on the basis of that information (i.e. one year).

Based on the outcome of negotiations in the Council, a new Article was introduced in order to provide information to Member States on the status of the data subject (asylum seekers or irregular entrant). This article foresees that Member States are also informed if a given person, whose data is stored in the database, was transferred following a Dublin take charge procedure, or if he or she left the territory of the Member States, either voluntarily or as the result of a return decision or removal order.

Added value of EU involvement

This proposal will provide a solution to the issues flagged for improvement during the five years of operation of the already existing database.

Lessons learned from similar experiences in the past

Non applicable.

Coherence and possible synergy with other relevant instruments

The present proposal was drafted in full coherence with the recast proposal on the Dublin Regulation.[28]

Duration and financial impact

( Proposal/initiative of limited duration

- ( Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY

- ( Financial impact from YYYY to YYYY

( Proposal/initiative of unlimited duration

- Implementation with a start-up period from 2011 to 2012,

- followed by full-scale operation.

Management mode(s) envisaged[29]

( Centralised direct management by the Commission

( Centralised indirect management with the delegation of implementation tasks to:

- ( executive agencies

- ( bodies set up by the Communities[30]

- ( national public-sector bodies/bodies with public-service mission

- ( persons entrusted with the implementation of specific actions pursuant to Title V of the Treaty on European Union and identified in the relevant basic act within the meaning of Article 49 of the Financial Regulation

( Shared management with the Member States

( Decentralised management with third countries

( Joint management with international organisations

Comments

The operational management of EURODAC is expected to be transferred to an Agency responsible for SIS II, VIS and other IT systems in the area of freedom, security and justice. Regarding the setting up of this Agency, a separate proposal was presented by the Commission, assessing the relevant costs.[31]

MANAGEMENT MEASURES

Monitoring and reporting rules

Specify frequency and conditions.

Monitoring of the efficiency of the changes introduced by the present proposal is to be performed in the framework of the annual reports on the activities of the EURODAC Central Unit. Monitoring of data protection issues will be performed by the European Data Protection Supervisor.

Management and control system

Risk(s) identified

Failing to make important amendments to the Regulation in force, the efficiency of EURODAC could be undermined, as well as its supporting role to the implementation of the Dublin Regulation. Not being able to keep up with the changes of the asylum and data protection acquis would be also an important risk.

Control method(s) envisaged

The indicators will be the statistics on the operation of EURODAC, eg. those on missed hits and wrong hits, transmission delays, etc.

Measures to prevent fraud and irregularities

In order to combat fraud, corruption and other unlawful activities, the provisions of Regulation (EC) No 1037/1999 shall apply without restriction to the Agency responsible for the management of EURODAC (once established on the basis of the Amended proposal for a Regulation (EU) No …/… of the European Parliament and of the Council on establishing an Agency for the operational management of large-scale IT systems in the area of freedom, security and justice, COM(2010)93).

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

- Existing expenditure budget lines

In order of multiannual financial framework headings and budget lines.

Heading of multiannual financial framework | Budget line | Type of expenditure | Contribution |

Number [Description………………………...……….] | DA/NDA ([32]) | from EFTA[33] countries | from candidate countries[34] | from third countries | within the meaning of Article 18(1)(aa) of the Financial Regulation |

3A | 18.03.11 Eurodac | DA | NO | NO | YES | NO |

- New budget lines requested

In order of multiannual financial framework headings and budget lines.

Heading of multiannual financial framework | Budget line | Type of expenditure | Contribution |

Number [Heading……………………………………..] | Diff./non-diff. | from EFTA countries | from candidate countries | from third countries | within the meaning of Article 18(1)(aa) of the Financial Regulation |

[…] | [XX.YY.YY.YY] […] | […] | YES/NO | YES/NO | YES/NO | YES/NO |

Estimated impact on expenditure

Summary of estimated impact on expenditure

EUR million (to 3 decimal places)

Heading of multiannual financial framework: | Number | [Heading 3A……………...……………………………………………………………….] |

EUR million (to 3 decimal places)

-


Estimated requirements of human resources

- ( The proposal/initiative does not require the use of human resources

- ( The proposal/initiative requires the use of human resources, as explained below:

Estimate to be expressed in full amounts (or at most to one decimal place)

Year N | Year N+1 | Year N+2 | Year N+3 | … enter as many years as necessary to show the duration of the impact (see point 1.6) |

( Establishment plan posts (officials and temporary agents) |

External personnel |

Compatibility with the current multiannual financial framework

- ( Proposal/initiative is compatible the current multiannual financial framework.

- ( Proposal/initiative will entail reprogramming of the relevant heading in the multiannual financial framework.

Explain what reprogramming is required, specifying the budget lines concerned and the corresponding amounts.

[…]

- ( Proposal/initiative requires application of the flexibility instrument or revision of the multiannual financial framework[45].

Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts.

[…]

Third-party contributions

- The proposal/initiative does not provide for co-financing by third parties

- The proposal/initiative provides for the co-financing estimated below:

Appropriations in EUR million (to 3 decimal places)

Year N | Year N+1 | Year N+2 | Year N+3 | … enter as many years as necessary to show the duration of the impact (see point 1.6) | Total |

Year N | Year N+1 | Year N+2 | Year N+3 | … insert as many columns as necessary in order to reflect the duration of the impact (see point 1.6) |

Article 6312 | | 0.000 |0.006 |0.023 |0.000 | | | | |For miscellaneous assigned revenue, specify the budget expenditure line(s) affected.

[Revenue line 6312]

Specify the method for calculating the impact on revenue.

[NO, IS and CH contribute for a total of 12.381% in the payments made over a given year]

[1] OJ L 062, 05.03.2002, p. 1.

[2] Proposal for a Regulation of the European Parliament and of the Council concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EC) No […/…] [establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person], COM(2008)825 final.

[3] The Proposal for a Regulation of the European Parliament and of the Council establishing an Agency for the operational management of large-scale IT systems in the area of freedom, security and justice [COM(2009) 293 final] was adopted on 24 June 2009. An amended proposal was adopted on 19 March 2010: Amended proposal for a Regulation (EU) No …/… of the European Parliament and of the Council on establishing an Agency for the operational management of large-scale IT systems in the area of freedom, security and justice, COM(2010)93.

[4] Establishment of 'Eurodac' for the comparison of fingerprints (recast), P6_TA(2009)0378.

[5] Such a proposal was called for by Council Conclusions on access to Eurodac by Member States’ police and law enforcement authorities as well as Europol of 12 and 13 June 2007.

[6] COM(2009) 344.

[7] COM(2009) 665 final/2.

[8] One to ensure consistency with the Dublin Regulation and one to clarify the need for having the system's automated hit replies verified by a fingerprints expert.

[9] SEC(2008) 2981.

[10] Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and “Eurodac” for the comparison of fingerprints for the effective application of the Dublin Convention (OJ L 66, 8.3.2006).

[11] Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway (OJ L 93, 3.4.2001, p. 40).

[12] Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland (OJ L 53, 27.2.2008, p. 5).

[13] Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of Liechtenstein to the Agreement between the European Community and Switzerland concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a the Member State or in Switzerland - COM(2006) 754, conclusion pending.

[14] Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland (2006/0257 CNS, concluded on 24.10.2008, publication in OJ pending) and Protocol to the Agreement between the Community, Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State, Iceland and Norway (OJ L 93, 3.4.2001).

[15] COM(2010) XXX.

[16] OJ C 189, 7.7.2000, p. 105 and p. 227 and opinion delivered on 21 September 2000 (not yet published in the Official Journal).

[17] OJ C […], […], p. […].

[18] OJ L 316, 15.12.2000, p. 1.

[19] OJ L 62, 5.3.2002, p. 1.

[20] COM(2008)XXX.

[21] OJ L 281, 23.11.1995, p. 31.

[22] OJ L 8, 12.1.2001, p. 1.

[23] Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, COM(2008) 820.

[24] The Proposal for a Regulation of the European Parliament and of the Council establishing an Agency for the operational management of large-scale IT systems in the area of freedom, security and justice [COM(2009) 293 final] was adopted on 24 June 2009. An amended proposal was adopted on 19 March 2010: Amended proposal for a Regulation (EU) No …/… of the European Parliament and of the Council on establishing an Agency for the operational management of large-scale IT systems in the area of freedom, security and justice, COM(2010)93.

[25] The present legislative financial statement only deals with the costs foreseen to occur with respect to the changes introduced by the present amendment, hence it does not deal with the costs of regular management of EURODAC.

[26] ABM: Activity-Based Management – ABB: Activity-Based Budgeting.

[27] As referred to in Article 49(6)(a) or (b) of the Financial Regulation.

[28] Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, COM(2008) 820.

[29] Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html

[30] As referred to in Article 185 of the Financial Regulation.

[31] COM(2010)93.

[32] DA= Differentiated appropriations / DNA= Non-Differentiated Appropriations

[33] EFTA: European Free Trade Association.

[34] Candidate countries and, where applicable, potential candidate countries from the Western Balkans.

[35] Year N is the year in which implementation of the proposal/initiative starts.

[36] Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former "BA" lines), indirect research, direct research.

[37] Year N is the year in which implementation of the proposal/initiative starts.

[38] Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).

[39] As described in Section 1.4.2. "Specific objective(s)…"

[40] Year N is the year in which implementation of the proposal/initiative starts.

[41] Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former "BA" lines), indirect research, direct research.

[42] CA= Contract Agent; INT= agency staff (" Intérimaire") ; JED= " Jeune Expert en Délégation" (Young Experts in Delegations); LA= Local Agent; SNE= Seconded National Expert;

[43] Under the ceiling for external personnel from operational appropriations (former "BA" lines).

[44] Essentially for Structural Funds, European Agricultural Fund for Rural Development (EAFRD) and European Fisheries Fund (EFF).

[45] See points 19 and 24 of the Interinstitutional Agreement.

[46] As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 25% for collection costs.