Plum70 wrote:Can you detail why it is not allowed for RCs?
Article 10, section 2 of 2004/38/EC gives an
exhaustive list of what may be required for issuing residence cards. My understanding is, that these requirements are final, and nothing may be added at the discretion of any member state.
>>2004/38/EC<< wrote:2. For the residence card to be issued, Member States shall
require presentation of the following documents:
- a valid passport;
- a document attesting to the existence of a family relation-
ship or of a registered partnership;
- the registration certificate or, in the absence of a registra-
tion system, any other proof of residence in the host
Member State of the Union citizen whom they are accom-
panying or joining;
- in cases falling under points (c) and (d) of Article 2(2),
documentary evidence that the conditions laid down
therein are met;
- in cases falling under Article 3(2)(a), a document issued by
the relevant authority in the country of origin or country
from which they are arriving certifying that they are depen-
dants or members of the household of the Union citizen, or
proof of the existence of serious health grounds which
strictly require the personal care of the family member by
the Union citizen;
- in cases falling under Article 3(2)(b), proof of the existence
of a durable relationship with the Union citizen.
To my knowledge Ireland ignores this, collecting fingerprints to issue 4EUFam-cards.
My corresponding complaint with the Commission
my complaint wrote:---------- Original message ----------
From: Christian
Date: Thu, September 4th 2008 at 12:06
Subject: Complaint against the Republic of Ireland
To: EU Plaintes <sg-plaintes@ec.europa.eu>
Dear Sir or Madam,
the Republic of Ireland is in breach of Directive 2004/38/EC in yet a new way:
When a residence-card as per Article 10 of the Directive is issued, the authorities now take fingerprints of the applicants and store them at unknown locations/databases for unknown/unspecified reasons.
I believe this procedure to be in contradiction of Article 10, section 2, which gives an exhaustive list of requirements that applicants have to provide. Fingerprint are not listed and may therefore not be required.
Please investigate whether this procedure breaks EU-law.
Thanks and regards from Dublin,
Christian Funke
was replied to as follows:
Commission wrote:...Currently, there is no explicit EC legal basis for the Member States to process the biometrics in residence cards for family members of EU citizens. This, however, does not mean that taking fingerprints is unlawful as the appopriate legal basis could also be provided in national legislation, if it is necessary for a specific purpose related to EU law.
The fingerprinting and the subsequent processing of the personal data must in particular be proportionate and in line with the (national and EC) legal provisions for the processing of personal data as reading, collection and storage of biometrics is "processing of personal data" as defined by Article 2 of Data Protection Directive 95/46/EC...
