WRITTEN QUESTION E-2669/98

by Gerhard Hager (NI) to the Commission

(1 September 1998)

Subject: Extension of the Eurodac Convention

The Eurodac Convention which seeks to introduce a computer-assisted system for the exchange of fingerprints of asylum-seekers in order to facilitate implementation of the Dublin Convention on Asylum has already been under discussion for a long time. Nevertheless, it still prompts the following questions:

1. Does the Commission possess information as to what form the envisaged data protection provisions will take and for what period of time the data are to be stored?

2. According to reports, the scope of the measure is to be extended to include illegal immigrants as well by means of a protocol which is shortly due to be adopted.

3. How far have the negotiations on this issue progressed? Are there objections to such an extension?

4. How is it intended to define the term "illegal immigrants"?

Answer given by Mrs Gradin on behalf of the Commission

(5 October 1998)

1. At its meeting on 4 and 5 December 1997, the Council confirmed the agreements reached at technical level for certain articles of the Eurodac Convention, including those relating to data storage. The relevant articles provide that the fingerprint data of asylum seekers would be stored in the Eurodac central database for ten years from the date on which they were last taken. After the ten-year period had expired, the fingerprint data would be erased. Notwithstanding this, data would be erased as soon as the person concerned acquired citizenship of a Member State. The Council also agreed on a procedure whereby data relating to a person who had been recognised as a refugee would be blocked on the central database, and statistical data would be compiled. After Eurodac had been operating for five years, the Council would revisit the issue of whether to store or erase the data of recognised refugees, taking account of the statistical information which would then be at its disposal.

The Convention contains a number of other detailed provisions on data protection arrangements. These provisions are currently being reviewed in the light of the possibility that the Commission rather than a Member State would operate the Eurodac Central Unit.

2. and 3. At its meeting on 19 March 1998, the Council commissioned a feasibility study to examine the legal and technical implications of a possible extension of the Eurodac Convention to cover illegal immigrants. At its meeting on 28 and 29 May 1998, the Council concluded that, taking account of the feasibility study, it would draw up a protocol to the Eurodac Convention extending the Eurodac system to illegal immigrants for adoption by the end of 1998. The Council noted that the precise definition of what constitutes an illegal immigrant is still to be determined. Negotiations are now taking place in the Council on the basis of the Council's conclusions of May 1998.

The Commission considers that the extension of the Eurodac Convention to "illegal immigrants" would require the development of a separate set of rules on data storage and deletion specific to that category of people.

4. The precise definition of an "illegal immigrant" has not yet been determined. The Commission notes, however, that there is general agreement that the purpose of fingerprinting illegal immigrants is to facilitate the implementation of the Dublin Convention. The relevant articles of the Dublin Convention are Article 6 and, depending on the outcome of discussions in the Council, Article 10.