Annexes to COM(2009)342 - 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)

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dossier COM(2009)342 - Establishment of 'EURODAC' for the comparison of fingerprints for the effective application of Regulation (EC) No […/…] ...
document COM(2009)342 EN
date July  8, 2009
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

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ANNEX II Repealed Regulations (referred to in Article 32)

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 III Correlation 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(3) | Article 1(2) |

Article 3(1) | deleted |

Article 2 | Article 2 |

Article 3(2) | Article 4(3) |

Article 3(3) | Article 6 |

Article 3(4) | deleted |

Article 4(1) | Article 7(1) |

Article 4(2) | Deleted |

Article 4(3) | Article 7(3) |

Article 4(4) | Article 7(4) |

Article 4(5) | Article 7(5) |

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

Article 5 | Article 9 |

Article 6 | Article 10 |

Article 7 | Article 11 |

Article 8 | Article 12 |

Article 9 | Article 13 |

Article 10 | Article 14 |

Article 11(1)-(4) | Article 15(1)-(4) |

Article 11(5) | deleted |

Article 12 | - Article 16 |

Article 13 | Article 17 |

Article 14 | - Article 21 |

Article 15 | Article 22 |

Article 16 | Article 23 |

Article 17 | Article 24 |

Article 18 | Article 25 |

Article 19 | Article 26 |

Article 20 | Article 27 |

Article 21 | Article 29 |

Article 22 | deleted |

Article 23 | deleted |

Article 24 | Article 30 |

Article 25 | Article 31 |

Article 26 | Article 32 |

Article 27 | Article 35 |

- | Annex II |

Regulation 407/2002/EC | This Regulation |

Article 2 | Article 16 |

Article 3 | Article 17 |

Article 4 | Article 18 |

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

Annex I | Annex I |

Annex II | - |

ANNEX IV LEGISLATIVE FINANCIAL STATEMENT

1. NAME OF THE PROPOSAL:

Proposal for a Regulation of the European Parliament and the Council concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EC) No […/…][28]

2. ABM / ABB FRAMEWORK

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

Activities:

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

3. BUDGET LINES

3.1. Budget lines (operational lines and related technical and administrative assistance lines (ex- B.A lines)) including headings:

Financial framework 2007-2013: Heading 3A

Budget line: 18.03.11 - Eurodac

3.2. Duration of the action and of the financial impact:

The entry into force of the EURODAC Regulation is linked to the entry into force of the Dublin Regulation. This can also be foreseen in 2011 the earliest.

3.3. Budgetary characteristics:

Budget line | Type of expenditure | New | EFTA contribution | Contributions from applicant countries | Heading in financial perspective |

18.03.11. | Non-comp | Diff[29] | NO | NO | NO | 3A |

4. SUMMARY OF RESOURCES

4.1. Financial Resources

4.1.1. Summary of commitment appropriations (CA) and payment appropriations (PA)

EUR million (to 3 decimal places)

Expenditure type | Section no. | Year 2010 | 2011 | 2012 | 2013 | n+4 | n + 5 and later | Total |

Operational expenditure[30] |

Commitment Appropriations (CA) | 8.1. | a | 0.000 | 2.415 | 0.000 | 0.000 | 2.415 |

Payment Appropriations (PA) | b | 0.000 | 2.415 | 0.000 | 0.000 | 2.415 |

Administrative expenditure within reference amount[31] |

Technical & administrative assistance (NDA) | 8.2.4. | c | 0.000 | 0.000 | 0.000 | 0.000 | 0.000 |

TOTAL REFERENCE AMOUNT |

Commitment Appropriations | a+c | 0.000 | 2.415 | 0.000 | 0.000 | 2.415 |

Payment Appropriations | b+c | 0.000 | 2.415 | 0.000 | 0.000 | 2.415 |

Administrative expenditure not included in reference amount[32] |

Human resources and associated expenditure (NDA) | 8.2.5. | d | 0.000 | 0.244 | 0.122 | 0.122 | 0.488 |

Administrative costs, other than human resources and associated costs, not included in reference amount (NDA) | 8.2.6. | e | 0.000 | 0.084 | 0.020 | 0.000 | 0.104 |

Total indicative financial cost of intervention |

TOTAL CA including cost of Human Resources | a+c+d+e | 0.000 | 2.743 | 0.142 | 0.122 | 3.007 |

TOTAL PA including cost of Human Resources | b+c+d+e | 0.000 | 2.743 | 0.142 | 0.122 | 3.007 |

Co-financing details

No co-financing is anticipated.

EUR million (to 3 decimal places)

Co-financing body | Year n | n + 1 | n + 2 | n + 3 | n + 4 | n + 5 and later | Total |

…………………… | f |

TOTAL CA including co-financing | a+c+d+e+f |

4.1.2. Compatibility with Financial Programming

X Proposal is compatible with existing financial programming.

( Proposal will entail reprogramming of the relevant heading in the financial perspective.

( Proposal may require application of the provisions of the Interinstitutional Agreement[33] (i.e. flexibility instrument or revision of the financial perspective).

4.1.3. Financial impact on Revenue

X Proposal has no financial implications on revenue

( Proposal has financial impact – the effect on revenue is as follows:

EUR million (to one decimal place)

Prior to action [Year n-1] | Situation following action |

Total number of human resources | 0 | 2.0 | 1.0 | 1.0 |

5. CHARACTERISTICS AND OBJECTIVES

5.1. Need to be met in the short or long term

In order to facilitate prevention, detection and investigation of terrorist offences and other serious criminal offences, access for consultation for law enforcement purposes to EURODAC will be allowed.

5.2. Value-added of Community involvement and coherence of the proposal with other financial instruments and possible synergy

This proposal will provide a solution to the concerns of the Council and the law enforcement community about the absence of access by internal security authorities to EURODAC data, seen as a shortcoming, which results in a serious gap in the identification of suspected perpetrators of terrorist or serious crimes.

Introducing the possibility of running law enforcement searches with latents in EURODAC depends on the migration of EURODAC to a new IT system, the Biometric Matching System. BMS will serve as a common platform providing biometric matching services to the Schengen Information System II (SIS II), Visa Information System (VIS) and EURODAC. The integration of EURODAC in BMS is expected to start in 2011.

5.3. Objectives, expected results and related indicators of the proposal in the context of the ABM framework

The main objectives of the proposal is to to facilitate prevention, detection and investigation of terrorist offences and other serious criminal offences, access for consultation for law enforcement purposes.

The indicators would be the statistics on the operation of EURODAC, eg. those on comparisons of fingerprints requested for law enforcement purposes.

5.4. Method of Implementation (indicative)

( Centralised Management

( directly by the Commission

( indirectly by delegation to:

( executive Agencies

( bodies set up by the Communities as referred to in art. 185 of the Financial Regulation

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

( Shared or decentralised management

( with Member states

( with Third countries

( Joint management with international organisations (please specify)

In the future, the operational management of EURODAC could transferred to a 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 will be presented by the Commission, assessing the relevant costs.

6. MONITORING AND EVALUATION

6.1. Monitoring system

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, as well as the evaluation of the practices of access for law enforcement purposes.

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

6.2. Evaluation

6.2.1. Ex-ante evaluation

The ex-ante evaluation has been included in the impact assessment.

6.2.2. Measures taken following an intermediate/ex-post evaluation (lessons learned from similar experiences in the past)

The Commission published its report on the evaluation of the Dublin system in June 2007, covering the first 3 years of the operation of EURODAC (2003-2005). Whilst acknowledging that the Regulation is applied in a generally satisfactory way, it identified certain issues related to the efficiency of the current legislative provisions and announced the issues which have to be tackled in order to improve EURODAC's support to facilitate the application of the Dublin Regulation.

6.2.3. Terms and frequency of future evaluation

Regular evaluation is proposed to be ensured by the Commission and, after its set-up, also the Management Authority.

7. ANTI-FRAUD MEASURES

In order to combat fraud, corruption and other unlawful activities, the provisions of Regulation (EC) No 1037/1999 shall apply without restriction.

8. DETAILS OF RESOURCES

8.1. Objectives of the proposal in terms of their financial cost

Commitment appropriations in EUR million (to 3 decimal places)

Year 2010 | Year 2011 | Year 2012 | Year 2013 | Year n+4 | Year n+5 |

Officials or temporary staff[36] (XX 01 01) | A*/AD | 0 | 0 | 0.0 | 0.0 |

B*, C*/AST | 0 | 2.0 | 1.0 | 1.0. |

Staff financed[37] by art. XX 01 02 |

Other staff[38] financed by art. XX 01 04/05 |

TOTAL | 0 | 2.0 | 1.0 | 1.0 |

8.2.2. Description of tasks deriving from the action

Deal with administrative and financial issues related to the contract with the system provider.

Follow-up the implementation of the changes on the EURODAC IT system.

Follow-up the tests by the Member States.

Helpdesk towards Member States for new users.

8.2.3. Sources of human resources (statutory)

( Posts currently allocated to the management of the programme to be replaced or extended

( Posts pre-allocated within the APS/PDB exercise for year n

( Posts to be requested in the next APS/PDB procedure

( Posts to be redeployed using existing resources within the managing service (internal redeployment)

( Posts required for year n although not foreseen in the APS/PDB exercise of the year in question

8.2.4. Other Administrative expenditure included in reference amount (XX 01 04/05 – Expenditure on administrative management)

EUR million (to 3 decimal places)

Budget line (number and heading) | Year n | Year n+1 | Year n+2 | Year n+3 | Year n+4 | Year n+5 and later | TOTAL |

Other technical and administrative assistance |

- intra muros |

- extra muros |

Total Technical and administrative assistance |

8.2.5. Financial cost of human resources and associated costs not included in the reference amount

EUR million (to 3 decimal places)

Type of human resources | Year 2010 | Year 2011 | Year 2012 | Year 2013 | Year n+4 | Year n+5 and later |

Officials and temporary staff (18 01 01) | 0.000 | 0.244 | 0.122 | 0.122 |

Staff financed by Art XX 01 02 (auxiliary, END, contract staff, etc.) (specify budget line) |

Total cost of Human Resources and associated costs (NOT in reference amount) | 0.000 | 0.244 | 0.122 | 0.122 |

Calculation– Officials and Temporary agents financed under art. 18 01 01 01 AD/AST – 122.000 EUR per year x 2.0 persons = 244.000 EUR (2011) AD/AST – 122.000 EUR per year x 1.0 persons =122.000 EUR (2012-2013) |

8.2.6. Other administrative expenditure not included in reference amount

EUR million (to 3 decimal places)

Year 2010 | Year 2011 | Year 2012 | Year 2013 | Year n+5 | Year n+5 and later | TOTAL |

18 01 02 11 01 – Missions | 0.000 | 0.004 | 0.000 | 0.000 | 0.004 |

XX 01 02 11 02 – Meetings & Conferences | 0.000 | 0.080 | 0.020 | 0.000 | 0.100 |

XX 01 02 11 03 – Committees[40] |

XX 01 02 11 04 – Studies & consultations |

XX 01 02 11 05 - Information systems |

2 Total Other Management Expenditure (XX 01 02 11) |

3 Other expenditure of an administrative nature (specify including reference to budget line) |

Total Administrative expenditure, other than human resources and associated costs (NOT included in reference amount) | 0.000 | 0.084 | 0.020 | 0.000 | 0.104 |

[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.

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

[5] COM(2005) 597.

[6] COM(2007) 301.

[7] 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).

[8] 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).

[9] 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).

[10] 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.

[11] 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).

[12] SEC(2008) 2981.

[13] OJ L 326, 13.12.2005, p. 13-34.

[14] OJ L 16, 23.1.2004, p. 44–53.

[15] OJ L 304, 30.09.2004, p. 12-23.

[16] A latent print is the chance reproduction of the friction ridges deposited on the surface of an item. Latent prints are often fragmentary and may require chemical methods, powder, or alternative light sources in order to be visualised.

[17] COM(2008) XXX.

[18] OJ C […], […], p. […].

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

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

[21] COM(2005) 597 final of 24 November 2005

[22] OJ L 210, 6.8.2008, p. 1.

[23] COM(2008)XXX.

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

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

[26] OJ L 12, 17.1.2004, p. 47.

[27] OJ L 210, 6.8.2008, p. 1.

[28] 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.

[29] Differentiated appropriations

[30] Expenditure that does not fall under Chapter xx 01 of the Title xx concerned.

[31] Expenditure within article xx 01 04 of Title xx.

[32] Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05.

[33] See points 19 and 24 of the Interinstitutional agreement.

[34] Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years

[35] As described under Section 5.3.

[36] Cost of which is NOT covered by the reference amount.

[37] Cost of which is NOT covered by the reference amount.

[38] Cost of which is included within the reference amount.

[39] Reference should be made to the specific legislative financial statement for the Executive Agency(ies) concerned.

[40] Specify the type of committee and the group to which it belongs.