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2004/0039(CNS)

European passport: standards for security features and biometrics elements

Procedure completed

2004/0039(CNS) European passport: standards for security features and biometrics elements
RoleCommitteeRapporteurShadows
Lead LIBE COELHO Carlos (PPE-DE)
Lead LIBE SØRENSEN Ole B. (ELDR)
Lead committee dossier: LIBE/6/21182; LIBE/5/20743
Legal Basis EC Treaty (after Amsterdam) EC 062
Subjects
Links

Activites

  • 2004/12/29 Final act published in Official Journal
  • 2004/12/13 Act adopted by Council after consultation of Parliament
  • #2630
  • 2004/12/13 Council Meeting
  • 2004/12/13 End of procedure in Parliament
  • #2626
  • 2004/12/02 Council Meeting
  • 2004/12/02 Text adopted by Parliament, 1st reading/single reading
    • T6-0073/2004 summary
    • OJ C 208 25.08.2005, p. 0019-0050 E
    • Results of vote in Parliament
  • 2004/12/02 Commission response to text adopted in plenary
  • 2004/12/01 Debate in Parliament
  • 2004/11/24 Supplementary legislative basic document
    • 15139/2004 summary
  • 2004/10/28 Committee report tabled for plenary, 1st reading/single reading
  • 2004/10/25 Vote in committee, 1st reading/single reading
  • 2004/09/30 Committee draft report
    • PE347.098
  • 2004/09/16 Committee referral announced in Parliament, 1st reading/single reading
  • #2588
  • 2004/06/08 Council Meeting
  • 2004/03/08 Committee referral announced in Parliament, 1st reading/single reading
  • 2004/02/18 Legislative proposal
    • COM(2004)0116 summary
    • DG Justice,

Documents

Votes

Report: Coelho A6-0028/2004 - resolution

2004/12/02
Position Total ALDE GUE/NGL IND/DEM NI PPE-DE PSE UEN Verts/ALE correctional
For 471 58 0 7 17 221 148 19 1 0
Against 118 15 34 22 5 4 1 0 37 0
Abstain 6 3 0 0 2 1 0 0 0 0

History

(these mark the time of scraping, not the official date of the change)

2012-02-09
activities added
  • date
    2004-02-18
    docs
    • url
      http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2004&nu_doc=0116
      text
      • PURPOSE : to introduce harmonised security features and biometrics on EU citizens' passports.
        PROPOSED ACT : Council Regulation
        CONTENT : This proposal is one of those which follow the Thessaloniki European Council's call for a coherent approach on biometric identifiers for documents for third country nationals, EU citizen's passports and information systems (VIS and SIS II). The first step has already been realised with two proposals on the integration of biometric identifiers into the visa and the residence permit for third country nationals. This proposal forms the second step. It aims to render the passport more secure by a legally binding instrument on minimum standards for harmonised security features and at the same time to establish a reliable link between the genuine holder and the document by introducing biometric identifiers. This will also allow EU Member States to meet the requirements of the US Visa waiver programme in conformity with international standards.
        The first biometric identifier, the high-resolution electronic portrait, is already available in most passports. At borders, the electronic record could be used to display the image on the screen as well as the additional visual check, even if facial recognition technology is not applied. This would constitute a basic application of the digital photograph. A more advanced application would be the use of facial recognition systems with the digital photograph. This would require the availability of the necessary technology and equipment at the border crossing-point. The Commission leaves the choice to Member States whether they wish to display only the photo on the screen or run a facial recognition programme. The quality standards for the digital photograph set out by ICAO should be respected in order to ensure interoperability. The Commission leaves the choice of technology to Member States.
        The second biometric identifier, the storage of fingerprints, either on the storage medium and/or in a national database is left at the discretion of Member States. However, if they register fingerprints it should be in interoperable formats, as it would enable possible use via bilateral agreements between Member States. The access to such fingerprints could be administered by the introduction of Public/Private Key Infrastructure.
        In relation to the use of biometrics, the following technical requirements seem to be necessary:
        - Storage medium. For the time being, the most appropriate storage medium is a contactless microchip.
        - Enrolment equipment. Member States have to install enrolment equipment in the place where the data will be produced.
        - Verification systems. These have to be installed at border posts. Such equipment should be shared to achieve the verification of visas and acquired in the framework of the setting up of the VIS system provided that the implementation of biometrics is decided upon for the VIS.
        Implementing powers as regards the regulation are conferred on the Committee created by Article 6 of Regulation 1683/95 laying down a uniform format for visas.
        Directive 95/46/EC on data protection applies to the processing of personal data -including biometric data- by Member States' authorities within the scope of Community law. In accordance withthe Directive, Member States have established supervisory authorities that are responsible for the monitoring of the application of the provisions adopted pursuant to Directive 95/46/EC. However, the supervisory authorities have a particular lack of resources.
        Therefore, the Commission emphasizes that measures aiming to reinforce public security must respect the fundamental rights and freedoms of the persons concerned. This implies in this context the increase of personnel in the national data protection supervisory authorities in order to ensure effective supervision and the choice of technologies, which comply with the provisions of Directive 95/46/EC.
        This proposal goes on to discuss the creation of a centralised European register of issued passports (and possibly other documents used for travel purposes) in a long-term perspective.
        Finally, the Regulation will constitute a development of provisions of the Schengen acquis. The United Kingdom and Ireland are not bound by it or subject to its application. The position of Denmark, Norway and Iceland are all discussed in the proposal.
      celexid
      CELEX:52004PC0116:EN
      type
      Legislative proposal published
      title
      COM(2004)0116
    body
    EC
    commission
    • DG
      Justice
    type
    Legislative proposal
  • date
    2004-03-08
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
  • body
    CSL
    meeting_id
    2588
    text
    • The Mixed Committee gave political guidance on standards for security features and biometrics in EU citizens' passports.
      The Committee broadly agreed that the EU citizens' passports should contain a first mandatory biometric identifier, a facial identifier and an optical one, in principle fingerprints.
    council
    Justice and Home Affairs (JHA)
    date
    2004-06-08
    type
    Council Meeting
  • date
    2004-09-16
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
  • date
    2004-09-30
    docs
    • type
      Committee draft report
      title
      PE347.098
    body
    EP
    type
    Committee draft report
  • date
    2004-10-25
    text
    •  The committee adopted the report by Carlos COELHO (EPP-ED, PT) broadly approving the proposal under the consultation procedure, subject to a number of amendments aimed at clarifying the purpose of the regulation and upholding citizens' privacy and data protection rights. The main amendments were as follows:

      - no central database of EU passports and travel documents containing all EU passport-holders' biometric and other data should be set up, as this would violate the purpose and the principle of proportionality and increase the risk of data being used for purposes other than originally envisaged ("function creep");

      - it should be clearly stated in the legal text which authorities will have access to the data, namely, the Member State authorities which are competent to read, store, modify and erase data (i.e. passport-issuing authorities) and authorised bodies entitled to read the data (i.e. border-patrolling authorities). To guarantee the necessary transparency, the committee also proposed that each Member State should maintain a register of these authorities and bodies and that the Commission should maintain an updated on-line register. Moreover, the passport-holder should always be entitled to verify the information, and to rectify or erase it where necessary free of charge;

      - the purpose of the regulation should also be made more clear in the legal text: the committee specified that biometric features would be incorporated into passports only for the purpose of verifying the authenticity of the document and the identity of the holder;

      - as the technical specifications are of crucial importance for data protection, the committee proposed that experts assessing these specifications from a data-protection viewpoint should be able to take part in the work of the technical committee;

      - lastly, MEPs wanted the regulation to come into effect only once the national data protection authorities had adequate investigative powers and resources to enforce the 1995 Data Protection Directive in relation to data collected under the regulation. The deadline for implementing the regulation should therefore be extended to 18 months, rather than one year as originally proposed, after the approval of the technical specifications. The rapporteur hoped that the USA would respect this compromise by extending the deadline beyond 26 October 2005 for holding a biometric passport for visa-free travel.

    body
    EP
    committees
    type
    Vote in committee, 1st reading/single reading
  • date
    2004-10-28
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2004-0028&language=EN
      type
      Committee report tabled for plenary, 1st reading/single reading
      title
      A6-0028/2004
    body
    EP
    committees
    type
    Committee report tabled for plenary, 1st reading/single reading
  • date
    2004-11-24
    docs
    • url
      http://register.consilium.europa.eu/servlet/driver?page=Result&lang=EN&typ=Advanced&cmsid=639&ff_COTE_DOCUMENT=15139%2F04&fc=REGAISEN&srm=25&md=100
      text
      • This Council Regulation is being proposed in response to a call from the Council of Thessaloniki seeking a coherent approach to EU biometric identifiers or biometric data for documents for third country nationals, EU citizens passports and information systems (VIS and SIS II). The Council recalls that minimum security standards for passports were introduced by a Resolution of the Member States in October 2000. The Resolution, however, needs to be updated and the most appropriate step would be through a Community measure. At the same time as updating the Resolution, the Council is seeking the introduction of biometric elements in passports in order to establish a reliable link between the genuine holder and the document. In accordance with the Schengen Agreement, this Regulation will apply neither to the United Kingdom nor Ireland. Denmark will decide within six months whether or not is wishes to participate in the programme.

        The main elements of the proposal include the following features and provisions:

        - The Regulation is limited to the harmonisation of security features, including biometric identifiers for the passports and travel documents of the Member States.

        - The Regulation will only lay down specifications that are not secret.

        - Member States will designate one authority responsible for producing passports and travel documents.

        - The passports and travel documents will include a storage medium containing a facial image as well as fingerprints in interoperable formats.

        - The Regulation will only apply to passports and travel documents issued by the Member States. It will not apply to ID cards or temporary passports.

        - The new documents must have additional security features which include anti-forgery, counterfeiting and falsification standards; technical specifications for the storage of medium biometric information and its security including the prevention of unauthorised access and requirements for quality and common standards for the facial image and fingerprints.

        - The biometric features used in the passports and travel documents may only be used for verifying the authenticity of the document and the identity of the holder by means of directly available comparable features.

        - The Commission will be assisted by a Committee. The Regulation must be applied by the Member States at the latest 18 months following its adoption as regards the facial image and at the latest 36 months as regards fingerprints. The validity of passports and travel documents already issued shall not be affected.

        - Lastly, an Annex is attached to the proposal which lays down the minimum level of security that Member States' passports and travel documents are required to provide.

      type
      Supplementary legislative basic document
      title
      15139/2004
    body
    CSL
    type
    Supplementary legislative basic document
  • date
    2004-12-01
    body
    EP
    type
    Debate in Parliament
  • date
    2004-12-02
    body
    CSL
    type
    Council Meeting
    council
    Justice and Home Affairs (JHA)
    meeting_id
    2626
  • date
    2004-12-02
    docs
    body
    EP
    type
    Text adopted by Parliament, 1st reading/single reading
  • date
    2004-12-02
    docs
    • url
      http://www.europarl.europa.eu/oeil/spdoc.do?i=3714&j=0&l=en
      type
      Commission response to text adopted in plenary
      title
      SP(2005)239
    body
    EC
    commission
    • DG
      Justice
    type
    Commission response to text adopted in plenary
  • date
    2004-12-13
    body
    type
    Act adopted by Council after consultation of Parliament
  • date
    2004-12-13
    body
    CSL
    type
    Council Meeting
    council
    General Affairs
    meeting_id
    2630
  • date
    2004-12-13
    body
    EP
    type
    End of procedure in Parliament
  • date
    2004-12-29
    text
    • PURPOSE: To lay down standards for security features and biometrics in passports and travel documents issued by the Member States.

      LEGISLATIVE ACT: Council Regulation 2252/2004/EC.

      CONTENT: Minimum security standards for passports were introduced by a Resolution of the representatives of the Governments of the Member States, meeting within the Council, on 17 October 2000. It is now appropriate to upgrade this Resolution by a Community measure in order to achieve enhanced harmonised security standards for passports and travel documents to protect against falsification. At the same time biometric identifiers should be integrated in the passport or travel document in order to establish a reliable link between the genuine holder and the document.

      This Regulation is limited to the harmonisation of the security features including biometric identifiers for the passports and travel documents of the Member States. The designation of the authorities and bodies authorized to have access to the data contained in the storage medium of documents is a matter of national legislation, subject to any relevant provisions of Community law, European Union law or international agreements.

      This Regulation only lays down such specifications that are not secret. These specifications need to be supplemented by specifications which may remain secret in order to prevent the risk of counterfeiting and falsifications. Such additional technical specifications will be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission.

      In order to ensure that the information referred to is not made available to more persons than necessary, each Member State will designate no more than one body having responsibility for producing passports and travel documents, with Member States remaining free to change the body, if need be. For security reasons, each Member State will communicate the name of the competent body to the Commission and the other Member States.

      The minimum security standards with which passports and travel documents issued by Member States

      shall comply are set out in the Annex.

      Passports and travel documents shall include a storage medium which shall contain a facial image. Member States shall also include fingerprints in interoperable formats. The data shall be secured and the storage medium shall have sufficient capacity and capability to guarantee the integrity, the authenticity and the confidentiality of the data.

      This Regulation applies to passports and travel documents issued by Member States. It does not apply to identity cards issued by Member States to their nationals or to temporary passports and travel documents having a validity of 12 months or less.

      Additional technical specifications for passports and travel documents relating to the following shall be established in accordance with the procedure referred to in Article 5(2) of the Regulation:

      - additional security features and requirements including enhanced anti-forgery, counterfeiting and falsification standards;

      - technical specifications for the storage medium of the biometric features and their security, including prevention of unauthorised access;

      - requirements for quality and common standards for the facial image and the fingerprints.

      ENTRY INTO FORCE: 18/01/2005.

    type
    Final act published in Official Journal
    docs
committees added
  • body
    EP
    responsible
    True
    committee
    LIBE
    date
    2004-07-26
    committee_full
    Civil Liberties, Justice and Home Affairs
    rapporteur
    • group
      PPE-DE
      name
      COELHO Carlos
  • body
    EP
    responsible
    True
    committee
    LIBE
    date
    2004-02-19
    committee_full
    Citizens' Freedoms and Rights, Justice and Home Affairs
    rapporteur
    • group
      ELDR
      name
      SØRENSEN Ole B.
links added
European Commission
other added
  • body
    EC
    dg
    Justice
procedure added
dossier_of_the_committee
LIBE/6/21182; LIBE/5/20743
reference
2004/0039(CNS)
subtype
Legislation
legal_basis
  • EC Treaty (after Amsterdam) EC 062
stage_reached
Procedure completed
instrument
Regulation
title
European passport: standards for security features and biometrics elements
type
CNS - Consultation procedure
final
subject
  • 7.10.02 Schengen area