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Council of the European Union: Policies in the making:
Exit-Entry System, EU Agency for Asylum & EURODAC and LEA access


6.12.16
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EES: Proposal for a Regulation amending Regulation (EU) No 2016/399 as regards the use of the Entry/Exit System - Preparation of further steps (LIMITE-14700-16, 157 pages, pdf): Council developing its position prior to trilogue meeting with the European Parliament:

"a number of issues remains outstanding at this stage, including in particular:

- the calculation of the duration of stay in Member States not yet fully applying the Schengen acquis in full (Art. 3a);
- the conditions to grant access to the EES to law enforcement authorities (Chapter IV);
- the interaction between the EES and bilateral agreements (Art. 54) and
- the obligation/possibility of stamping travel documents in case of technical failure of the EES (Art. 19)"

"the new addition are highlighted in bold/underline. The changes already included in the previous version of the documents are highlighted in underline. Deletions of parts of the Commission proposals are marked as […].

EU Agency for Asylum: Proposal for a Regulation on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 (LIMITE doc no 14855-16, 93 pages, pdf): 136 Footnotes and Member State positions:

"The objective of the Union's policy on asylum is to develop and establish a Common European Asylum System (CEAS), consistent with the values and humanitarian tradition of the European Union and governed by the principle of solidarity and fair sharing of responsibility."

"Presidency compromise suggestions to be discussed at the meeting of JHA Counsellors on 1 December 2016 are indicated with bold and […] as compared to the most recent version of the relevant provisions."

EURODAC and LEA access: Proposal for a Regulation on the establishment of 'Eurodac' for the comparison of fingerprints... and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes (LIMITE doc no 14710, 94 pages, pdf): Including Member States' positions: And includes: Its OK to use coercion on vulnerable persons and minors "if permitted under national law":

"Third-country nationals or stateless persons who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image, except in duly justified circumstances that are permitted under national law.... [emphasis added]

Member States shall […] introduce administrative sanctions including the possibility to use means of coercion, in accordance with their national law, for non-compliance with providing biometric data...""

"The changes in the text of the draft Regulation as compared to the Commission proposal are indicated in bold and deleted text is marked in […], while amendments with regard to the latest text examined by the JHA Counsellors4 is indicated by underlining the insertion."

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