The European Parliament has approved the revision of the regulations to include biometric data such as fingerprints or facial patterns, in passports issued in the European Union. The new law sets the minimum age of 12 years to take fingerprints, but grants a period of 4 years to countries where the age is lower. Moreover, in all Member States children will be holders of their own passports and will no longer appear in their parents. This is sought to combat the illicit trafficking of minors.

The European Parliament adopted plans to amend a 2004 regulation laying down biometric features to be included in passports and other travel documents, including the holder's fingerprints. The European Parliament adopted a compromise position agreed with Council last year.

In the aftermath of the events of 11 September 2001, the Commission was asked by Member States to take immediate action to improve document security. The EU decided, therefore, to integrate biometrics in European passports. These identifiers comprise a facial image and fingerprints, making it possible to combat fraud and falsification more effectively. This Regulation has already been adopted and will enter into force in June.

Technical specifications established for passport security identification

• Additional security features notably with a view to combating counterfeiting and falsification.
• The storage medium and its security.
• Common quality requirements for the facial image and the fingerprints.

During pilot projects carried out in some Member States it was found that children's fingerprints are not of sufficient quality, especially those of the youngest children, which can change greatly as they grow older. In its draft text, the European Commission therefore suggested to introduce an exemption for children under twelve. A similar exemption was agreed for people deemed physically unable to give fingerprints.
 
Such kind of exemptions or special conditions were already pointed out by EDPS, in his opinion published on the proposal of Regulation to amend Council Regulation (EC) Nº 2252/2004 on standards for security features and biometrics in passports and travel documents issued by Member States, published in early August this year. EDPS recognised the benefits of the implementation of such measures, but also called for the safeguard of certain data.

The rapporteur and Council presidency agreed that fingerprints should not be taken from children under the age of 12. However, countries already taking fingerprints from children under that age, but not below 6, can continue to do so for four years.
 
In cases where it is impossible to take fingerprints, Member states may deliver a temporary passport having a validity of twelve months or less.

One person, one passport

To combat trafficking in children, the draft legislation also proposes introducing the principle "one person, one passport": until now a passport issued to a parent has often also covered the children by adding their names - but the microchip contains only the parent's biometric data. The Regulation does not provide a legal base for setting up or maintaining databases for storage of these data in Member States.