Proposal for a Council Regulation (EC) concerning the establishment of "Eurodac" for the comparison of the fingerprints of applicants for asylum and certain other aliens
Date: 1999-05-26
Institutions: European Commission
Subjects: European convention, data protection, disclosure of information, free movement of persons, political asylum

28.11.2000

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Official Journal of the European Communities

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Proposal for a Council Regulation concerning the establishment of (cid:21)Eurodac(cid:24) for the comparison of
the fingerprints of applicants for asylum and certain other aliens

(2000/C 337 E/05)

COM(1999) 260 final (cid:16) 1999/0116(CNS)

(Submitted by the Commission on 26 May 1999)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 63(1)(a) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

the

State

(1) Member States have concluded the Dublin Convention
determining
examining
applications for asylum lodged in one of the Member
States of the European Communities; signed in Dublin
on 15 June 1990 (hereinafter referred to as 6the Dublin
Convention7) (1).

responsible

for

crossing of

(2) For the purposes of applying the Dublin Convention, it is
necessary to establish the identity of applicants for asylum
and of persons apprehended in connection with the
unlawful
the
It is also desirable in order to effectively
Community.
apply the Dublin Convention, and in particular points
(c) and (e) of Article 10(1)
to allow each
Member State to check whether an alien found illegally
present on its territory has applied for asylum in another
Member State.

external borders of

thereof,

the

(3) Fingerprints constitute an important element

in estab-
lishing the exact identity of such persons; whereas it is
necessary to set up a system for the comparison of their
fingerprints.

results of such comparison and the blocking and erasure
of the recorded data; such rules may be different for, and
should be specifically adapted to, the situation of different
categories of aliens.

(7) Aliens who have requested asylum in one Member State
may have the option of requesting asylum in another
Member State for many years to come; whereas, therefore,
the maximum period during which fingerprint data
should be of
should be kept by the Central Unit
considerable length; whereas, given that most aliens
who have stayed in the Community for several years
will have obtained a settled status or even citizenship of
the Union after that period, a period of 10 years should
be considered a reasonable period for the conservation of
fingerprint data.

(8) The conservation period should be shorter in certain
situations where there is no need to keep
special
fingerprint data for that length of time: fingerprint data
should be erased immediately once aliens obtain Union
citizenship.

(9) It is necessary to lay down clearly the respective respon-
in respect of the Central
sibilities of the Commission,
Unit, and of
the Member States, as regards data use,
data security, access to and correction of recorded data.

(10) While the non-contractual liability of the Community in
connection with the operation of the Eurodac system will
be governed by the relevant provisions of the Treaty, it is
the
necessary
lay
specific
rules
in
the Member
liability of
non-contractual
connection with the operation of the system.

for
States

dawn

to

(4) To this end, it is necessary to set up a system known as
6Eurodac7, consisting of a Central Unit, to be established
within the Commission and which will operate a
computerised central database of fingerprints, as well as
of
transmission between the
Member States and the central database.

the electronic means of

(11) Directive 95/46/EC of the European Parliament and of the
Council of 24 October 1995 on the protection of indi-
viduals with regard to the processing of personal data and
on the free movement of such data (2) applies to the
processing of personal data by the Member States
within the framework of the Eurodac system.

(5) It is also necessary to require the Member States promptly
to take fingerprints of every applicant for asylum and of
every alien who is apprehended in connection with the
if
irregular crossing of an external Community border,
they are at least 14 years of age.

(12)

(6) It is necessary to lay down precise rules on the trans-
mission of such fingerprint data to the Central Unit, the
recording of such fingerprint data and other relevant data
in the central database, their storage, their comparison
the
with other

the transmission of

fingerprint data,

to

In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty, the
objective of the proposed measures, namely the creation
within the Commission of a system for the comparison of
fingerprints
the
the
Community’s asylum policy, cannot, by its very nature,
be sufficiently achieved by the Member States and can
therefore be better achieved by the Community:
this
Regulation confines itself to the minimum required in
order
to achieve those objectives and does not go
beyond what is necessary for that purpose.

implementation

assist

of

(1) OJ C 254, 19.8.1997, p. 1.

(2) OJ L 281, 23.11.1995, p. 31.

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(13) By virtue of Article 286 of the Treaty, Directive 95/46/EC
also applies to the Community institutions and bodies;
whereas, the Central Unit being established within the
Commission, that Directive applies to the processing of
personal data by that Unit.

(14) The principles set out in Directive 95/46/EC regarding the
individuals,
protection of
to privacy, with regard to the
notably their
processing of personal data should be supplemented or
clarified,
far as certain sectors are
concerned.

the rights and freedoms of
right

in particular as

(15)

It is appropriate to monitor and evaluate the performance
of Eurodac.

(16) Member States should provide for a system of sanctions

for infringements of this Regualtion.

(17)

It is appropriate to restrict the territorial scope of this
Regulation so as to align it on the territorial scope of
the Dublin Convention.

of

Journal

in order

to serve as legal basis for

(18) This Regulation should enter into force on the day of its
publication in the Official
the European
the
Communities
implementing rules which, with a view to its rapid
application, are required for the establishment of
the
necessary technical arrangements by the Member States
and the Commission; the Commission should therefore
be charged with verifying that
those conditions are
fulfilled,

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Purpose of (cid:21)Eurodac(cid:24)

1.
A system known as 6Eurodac7 is hereby established, the
purpose of which shall be to assist
in determining which
to the Dublin
Member State is to be responsible pursuant
Convention for examining an application for asylum lodged
in a Member State, and otherwise to facilitate the application
of the Dublin Convention under the conditions set out in this
Regulation.

2.

Eurodac shall consist of:

(a) the Central Unit referred to in Article 3;

processed for the purpose of comparing the fingerprints of
applicants for asylum and certain other aliens;

(c) means of data transmission between the Member States and

the central database.

The rules governing Eurodac shall also apply to operations
effected by the Member States as from the transmission of
data to the Central Unit until use is made of the results of
the comparison.

3. Without prejudice to the use of data intended for Eurodac
by the Member State of origin in databases set up under the
latter’s national law, fingerprints and other personal data may
be processed in Eurodac only for the purposes set out
in
Article 15(1) of the Dublin Convention.

Article 2

Definitions

1.

For the purposes of this Regulation:

(a) 6The Dublin Convention7 means the Convention deter-
mining the State responsible for examining applications
for asylum lodged in one of the Member States of the
European Communities; signed at Dublin on 15 June 1990.

(b) An 6applicant for asylum7 means an alien who has made an
such an

application for asylum or on whose behalf
application has been made.

(c) 6Personal data7 means any information relating to an identified
or identifiable natural person (6data subject7); an identifiable
person is one who can be identified, directly or indirectly, in
particular by reference to an identification number or to one
or more factors specific to his physical, physiological, mental,
economic, cultural or social identity.

(d) 6Processing of personal data7

(6processing7) means any
operation or set of operations which is performed on
personal data, whether or not by automatic means, such
as collection, recording, organisation, storage, adaptation or
alteration, retrieval, consultation; use, disclosure by trans-
mission, dissemination or otherwise making available,
alignment or combination, blocking, erasure or destruction.

(e) 6Transmission of data7 means:

(i) communication of personal data from Member States
to the Central Unit
recording in the central
for
database and communication to Member States of
the results of the comparison made by the Central
Unit; and

(b) a computerized central database in which the data referred
to in Article 5(1), Article 8(2) and Article 11(2) are

(ii) recording of personal data directly by Member States
in the central database and direct communication of
the results of the comparison to such Member States.

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(f)

6Member State of origin7 means:

(i) in relation to an applicant for asylum or a person
covered by Article 11,
the Member State which
transmits the personal data to the Central Unit and
receives the results of the comparison;

(ii) in relation to a person covered by Article 8,

the
Member State which communicates such data to the
Central Unit.

(g) 6Refugee7 means a person who has been recognised as a
refugee in accordance with the Geneva Convention on
Refugees of 28 July 1951, as amended by the New York
Protocol of 31 January 1967.

2.
Unless stated otherwise, the terms defined in Article 1 of
the Dublin Convention shall have the same meaning in this
Regulation.

Article 3

Central Unit

be

shall

A Central Unit

1.
the
Commission which shall be responsible for operating the
central database of
the Member
States. The Central Unit shall be equipped with a computerised
fingerprint recognition system.

fingerprints on behalf of

established within

2.
Data on applicants for asylum, persons covered by Article
8 and persons covered by Article 11 which are processed at the
Central Unit shall be processed on behalf of the Member State
of origin.

3.
Pursuant to the procedure laid down in Article 22, the
Central Unit may be charged with carrying out certain statis-
tical tasks on the basis of the data processed at the Unit.

The Central Unit shall ensure, on the request of a
4.
Member State, that the comparison referred to in paragraph
3 covers the fingerprint data previously transmitted by that
Member State,
in addition to the data from other Member
States.

5.
The Central Unit shall forthwith communicate the results
of the comparison to the Member State of origin, together with
the data referred to in Article 5(1) relating to those fingerprints
which, in the opinion of the Central Unit, are so similar as to
be regarded as matching the fingerprints which were trans-
mitted by that Member State.

Direct transmission to the Member State of origin of the results
of the comparison shall be permissible where the technical
conditions for such purpose are met.

The results of

6.
the comparison shall be immediately
identification
checked in the Member State of origin. Final
shall be made by the Member State of origin in cooperation
with the Member States concerned, pursuant to Article 15 of
the Dublin Convention.

Information, received from the Central Unit relating to any data
mismatch or other data found to be unreliable shall be erased
by the Member State of origin as soon as the mismatch or
unreliability of the data is established.

The implementing rules

7.
the procedures
necessary for the application of paragraphs 1 to 6 shall be
adopted in accordance with the procedure laid down in
Article 22.

setting out

Article 5

Recording of data

Only the following data shall be recorded in the central

1.
database:

CHAPTER II

(a) Member State of origin; place and date of the application

APPLICANTS FOR ASYLUM

Article 4

Collection, transmission and comparison of fingerprints

1.
Each Member State shall promptly take the fingerprints of
every applicant for asylum of at least 14 years of age and shall
promptly transmit the data referred to in points (a) to (f) of
to the Central Unit. The procedure for taking
Article 5(1)
fingerprints
shall be determined in accordance with the
national practice of the Member State concerned.

The data referred to in Article 5(1) shall be immediately
2.
recorded in the central database by the Central Unit, or,
provided that the technical conditions for such purposes are
met, directly by the Member State of origin.

transmitted by any Member State,

Fingerprint data within the meaning of point

(b) of
3.
Article 5(1),
shall be
compared by the Central Unit with the fingerprint data trans-
mitted by other Member States and already stored in the
central database.

for asylum;

(b) fingerprints;

(c) sex;

(d) reference number used by the Member State of origin;

(e) date on which the fingerprints were taken;

(f) date on which the data were transmitted to the Central

Unit;

(g) date on which the data were entered in the central database;

(h) details in respect of the recipient(s) of the data transmitted

and the date(s) of transmission(s).

2.
the
After recording the data in the central database,
Central Unit shall destroy the media used for transmitting the
data, unless the Member State of origin has requested their
return.

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Article 6

Data storage

Each set of data, as referred to in Article 5(1), shall be stored in
the central database for ten years from the date on which the
fingerprints were taken.

Upon expiry of this period, the Central Unit shall automatically
erase the data from the central database.

Without prejudice to Article 3(3), data communicated to the
Central Unit pursuant to Article 8(2) shall be recorded for the
sole purpose of comparison with data on applicants for asylum
transmitted subsequently to the Central Unit.

The Central Unit shall not compare data communicated to it
pursuant to Article 8(2) with any data previously recorded in
the central database, nor with data subsequently communicated
to the Central Unit pursuant to Article 8(2).

Article 7

Advance data erasure

2.
The procedures provided for in Article 4(1) to (6) and
Article 5(2) as well as the provisions laid down pursuant to
Article 4(7) are applicable.

Data relating to a person who has acquired citizenship of the
Union before expiry of the period referred to in Article 6 shall
be erased from the central database, in accordance with Article
15(3) as soon as the Member State of origin becomes aware
that the person has acquired citizenship of the Union.

CHAPTER III

ALIENS APPREHENDED IN CONNECTION WITH THE
IRREGULAR CROSSING OF AN EXTERNAL BORDER

Article 8

Collection and communication of fingerprint data

1.
Each Member State shall promptly take the fingerprints of
every alien of at least 14 years of age who is apprehended by
the competent control authorities in connection with the
irregular crossing by land, sea or air of the border of that
Member State having come from a third country and who is
not turned back.

The Member

2.
communicate to the Central Unit
relation to any alien as referred to in paragraph 1:

promptly
the following data in

concerned

State

shall

(a) Member State of origin;

(b) fingerprints;

(c) sex;

(d) reference number used by the Member State of origin;

(e) date on which the fingerprints were taken;

(f) date on which the data were communicated to the Central

Unit.

Article 9

Recording of data

The data referred to in point (g) of Article 5(1) and in

1.
Article 8(2) shall be recorded in the central database.

Article 10

Storage of data

1.
Each set of data relating to an alien as referred to in
Article 8(1) shall be stored in the central database for two
years from the date on which the fingerprints of the alien
the Central Unit
were taken. Upon expiry of
shall automatically erase the data from the central database.

this period,

2.
The data relating to an alien as referred to in Article 8(1)
shall be erased from the central database in accordance with
Article 15(3)
the Member State of origin
becomes aware of one of the following circumstances before
the two-year period mentioned in paragraph 1 has expired:

immediately,

if

(a) the alien has been issued with a residence permit;

(b) the alien has left the territory of the Member States;

(c) the alien has acquired citizenship of the Union.

CHAPTER IV

ALIENS FOUND ILLEGALLY PRESENT IN A MEMBER STATE

Article 11

Comparison of fingerprints

1. With a view to checking whether an alien found illegally
present within its territory has previously lodged an application
for asylum in another Member State, each Member State may
communicate to the Central Unit any fingerprints which it may
have taken of any such alien of at least 14 years of age together
with the reference number used by that Member State.

As a general rule there are grounds for checking whether the
alien has previously lodged an application for asylum in
another Member State where:

(a) the alien declares that he/she has lodged an application for
asylum but without indicating the Member State in which
he/she made the application;

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(b) the alien does not request asylum but objects to being
returned to his/her country of origin by claiming that
he/she would be in danger, or

(c) the alien otherwise seeks to prevent his/her removal by
refusing to cooperate in establishing his/her identity,
in
particular by showing no, or false, identity papers.

The fingerprints of an alien as referred to in paragraph 1
2.
shall be communicated to the Central Unit solely for the
purpose of comparison with the fingerprints of applicants for
asylum transmitted by other Member States and already
recorded in the central database.

The fingerprints of such an alien shall not be stored in the
central database, nor shall they be compared with the data
communicated to the Central Unit pursuant to Article 8(2).

The procedures provided for Article 4(1) to (6) as well as
to Article 4(7) are

laid down pursuant

3.
the provisions
applicable.

The Central Unit

4.
fingerprints
shall
communicated to it under paragraph 1 forthwith, once the
results of
the comparison have been communicated to the
Member State of origin.

destroy

the

CHAPTER V

RECOGNISED REFUGEES

Article 12

Blocking of data

1.
Data relating to a person who has been recognised and
admitted as a refugee in a Member State shall be blocked in the
central database. Such blocking shall be carried out by the
Central Unit on the instructions of the Member State of origin.

2.
Five years after Eurodac starts operations, and on the
basis of reliable statistics compiled by the Central Unit on
persons who have lodged an application for asylum in a
Member State after having been recognised and admitted as
refugees in another Member State, a decision shall be taken
in accordance with the procedure referred to in Article 67 of
the Treaty, as to whether the data relating to persons who have
been recognised and admitted as refugees in a Member State
should:

(a) be stored in accordance with Article 6 for the purpose of

the comparison provided for in Article 4(3); or

(b) be erased in advance once a person has been recognised

and admitted as a refugee.

In the case of point (b) of the first subparagraph:

(a) data which have been blocked in accordance with
paragraph 1 shall be erased immediately by the Central
Unit; and

(b) data relating to persons who are subsequently recognised
and admitted as refugees shall be erased in accordance with
Article 15(3), as soon as the Member State of origin
becomes aware that the person has been recognised and
admitted as a refugee in a Member State.

The implementing rules concerning the compilation of
3.
the statistics referred to in paragraph 2 shall be adopted in
accordance with the procedure laid down in Article 22.

CHAPTER VI

DATA USE, DATA PROTECTION, SECURITY AND LIABILITY

Article 13

Responsibility for data use

The Member State of origin shall be responsible for

1.
ensuring that:

(a) fingerprints are taken lawfully;

(b) fingerprints and the other data referred to in Article 5(1),
Article 8(2) and Article 11(2) are lawfully transmitted to the
Central Unit;

(c) data are accurate and up-to-date when they are transmitted

to the Central Unit;

(d) without prejudice to the responsibilities of the Commission,
data in the central database are lawfully recorded, stored,
corrected and erased;

(e) the results of fingerprint comparisons transmitted by the

Central Unit are lawfully used.

2.
In accordance with Article 14, the Member State of origin
shall ensure the security of these data before and during trans-
mission to the Central Unit as well as the security of the data it
receives from the Central Unit.

The Member State of origin shall be responsible for the

3.
final identification of the data pursuant to Article 4(6).

4.
The Commission shall ensure that the Central Unit is
operated in accordance with the provisions of this Regulation
and its implementing rules. In particular, the Commission shall:

In the case of point (a) of the first subparagraph, the data
blocked pursuant to paragraph 1 shall be unblocked and the
procedure referred to in that paragraph shall no longer apply.

(a) adopt measures ensuring that persons working in the
Central Unit use the data recorded in the central database
only in accordance with the purpose of Eurodac as laid
down in Article 1(1);

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(b) ensure that persons working in the Central Unit comply
with all requests from Member States made pursuant to
this Regulation in relation to recording, comparison,
correction and erasure of data for which they are
responsible;

(c) take the necessary measures to ensure the security of the

Central Unit in accordance with Article 14;

Article 15

Access to and correction or erasure of data recorded in
Eurodac

The Member State of origin shall have access to data
1.
which it has transmitted or communicated and which are
recorded in the central database in accordance with the
provisions of this Regulation.

(d) ensure that only persons authorised to work in the Central
Unit shall have access to data recorded in the central
database, without prejudice to Article 20 and the powers
of the independent supervisory body which will be estab-
lished under Article 286 (2) of the Treaty.

No Member State may conduct searches in the data transmitted
by another Member State, nor may it receive such data apart
from data resulting from the comparison referred to in Article
4(5).

The Commission shall inform the European Parliament and the
to the first
Council of
subparagraph.

takes pursuant

the measures

it

Article 14

Security

The Member State of origin shall

1.
measures to:

take the necessary

(a) prevent any unauthorised person from having access to
installations in which the Member State carries

national
out operations in accordance with the aim of Eurodac;

(b) prevent data and data media in Eurodac from being read,

copied, modified or erased by unauthorised persons;

(c) guarantee that

is possible to check and establish a
posteriori what data have been recorded in Eurodac, when
and by whom;

it

2.
to
The authorities of Member States which, pursuant
paragraph 1, have access to data recorded in the central
database shall be those designated by each Member State.
Each Member State shall communicate to the Commission a
list of those authorities.

3.
Only the Member State of origin shall have the right to
amend the data which it has transmitted to the Central Unit by
correcting or supplementing such data, or to erase them,
in pursuance of
without prejudice to erasure carried out
Article 6, Article 10(1) or point (a) of the third subparagraph
of Article 12(2)(b).

Where the Member State of origin records data directly in the
central database, it may amend or erase the data directly.

Where the Member State of origin does not record data directly
in the central database, the Central Unit shall alter or erase the
data at the request of that Member State.

(d) prevent the unauthorised recording of data in Eurodac and
any unauthorised modification or erasure of data recorded
in Eurodac;

4.
If a Member State or the Central Unit has evidence to
suggest that data recorded in the central database are factually
inaccurate, it shall advise the Member State of origin as soon as
possible.

(e) guarantee that, in using Eurodac, authorised persons have
access only to data which are within their competence;

(f) guarantee that it is possible to check and establish to which
authorities data recorded in Eurodac may be transmitted by
data transmission equipment;

(g) prevent the unauthorised reading, copying, modification or
erasure of data during both the direct transmission of data
to or from the central database and the transport of data
media to or from the Central Unit.

As

regards

2.
the
Commission shall be responsible for applying the measures
mentioned under paragraph 1.

the Central Unit,

the operation of

If a Member State has evidence to suggest
that data were
recorded in the central database contrary to this Regulation,
it shall similarly advise the Member State of origin as soon as
possible. The latter shall check the data concerned and,
if
necessary, amend or erase them without delay.

Article 16

Keeping of records by the Central Unit

1.
The Central Unit shall keep records of all data processing
operations within the Central Unit. These records shall show
the purpose of access, the date and time, the data transmitted,
the data used for interrogation and the name of both the unit
putting in or retrieving the data and the persons responsible.

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Such records may be used only for the data-protection
2.
monitoring of the admissibility of data processing as well as to
ensure data security pursuant to Article 14. The records must
be protected by appropriate measures against unauthorised
access and erased after a period of one year, if they are not
required for monitoring procedures which have already begun.

Directive 95/46/EC, the person shall obtain communication of
the data relating to him/her recorded in the central database
and of
the Member State which transmitted them to the
Central Unit. Such access to data may be granted only by a
Member State.

Article 17

Liability

1.
Any person who, or Member State which, has suffered
damage, whether physical or moral, as a result of an unlawful
incompatible with the
processing operation or any act
provisions laid down in this Regulation shall be entitled to
receive compensation from the Member State responsible for
the damage suffered. That State may be exempted from its
is not
it proves that
liability,
responsible for the event giving rise to the damage.

in whole or in part,

it

if

2.
If failure of a Member State to comply with its obligations
under this Regulation causes damage to the central database,
that Member State shall be held liable for such damage, unless
and insofar as the Commission failed to take reasonable steps
to prevent
the damage from occurring or to minimise its
impact.

3.
Claims for compensation against a Member State for the
damage referred to in paragraphs 1 and 2 shall be governed by
the provisions of national law of the defendant Member State.

Article 18

Rights of the data subject

A person covered by this Regulation shall be informed by
the following when his/her

1.
the Member State of origin of
fingerprints are taken:

(a) the purpose of taking his/her fingerprints;

(b) the transmission or communication to the Central Unit of
data referred to in Article 5(1), Article 8(2) or Article 11(2);

In each Member State, any person may request that data
3.
which are factually inaccurate be corrected or
that data
recorded unlawfully be erased. The correction and erasure
shall be carried out by the Member State which transmitted
the data,
regulations and
procedures.

in accordance with its

laws,

4.
If the rights of correction and erasure are exercised in a
Member State, or States, other than that, or those, which trans-
mitted the data, the authorities of that Member State shall
in
the Member State, or States,
contact
question so that the latter may check the accuracy of
the
data and the lawfulness of their transmission and recording
in the central database.

the authorities of

If it emerges that data recorded in the central database are
5.
factually inaccurate or have been recorded unlawfully,
the
Member State which transmitted them shall correct or erase
the data in accordance with Article 15(3). That Member State
shall confirm in writing to the data subject without excessive
delay that it has taken action to correct or erase data relating to
him/her.

6.
If the Member State which transmitted the data does not
agree that data recorded in the central database are factually
inaccurate or have been recorded unlawfully, it shall explain in
writing to the data subject without excessive delay why it is not
prepared to correct or erase the data.

That Member State shall also provide the data subject with
information explaining the steps which he/she can take if
he/she does not accept the explanation provided. This shall
include information about how to bring an action or, if appro-
priate, a complaint before the competent authorities or courts
of that Member State and any financial or other assistance that
is available in accordance with the laws, regulations and
procedures of that Member State.

(c) the obligation to have his/her fingerprints taken, where

applicable;

(d) the existence of

the right of access to data concerning

him/her and the right to rectify such data.

Any request under paragraphs 2 and 3 shall contain all
7.
the necessary particulars to identify the data subject, including
fingerprints. Such data shall be used exclusively to permit the
exercise of the rights referred to in paragraphs 2 and 3 and
shall be destroyed immediately afterwards.

In each Member State

2.
in
accordance with the laws, regulations and procedures of that
State, exercise the rights provided for in Article 12 of Directive
95/46/EC.

subject may,

any data

8.
The competent authorities of the Member States shall
cooperate actively to enforce promptly the rights laid down
in paragraphs 3, 4 and 5.

Without prejudice
information in accordance with point

to the obligation to provide other
(a) of Article 12 of

9.
In each Member State, the national supervisory authority
shall assist the data subject in accordance with Article 28(4) of
Directive 95/46/EC in exercising his/her rights.

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right

The national supervisory authority of the Member State
10.
which transmitted the data and the national
supervisory
authority of the Member State in which the data subject is
present shall assist and, where requested, advise him/her in
erase data. Both
exercising his/her
national supervisory authorities shall cooperate to this end.
Requests for such assistance may be made to the national
supervisory authority of the Member State in which the data
subject is present, which shall transmit the requests to the
the Member State which transmitted the data.
authority of
The data subject may also apply for assistance and advice to
the joint supervisory authority set up in Article 20.

to correct or

In each Member State any person may, in accordance
11.
with the laws, regulations and procedures of that State, bring
an action or, if appropriate, a complaint before the competent
authorities or courts of the State if he/she is refused the right
of access provided for in paragraph 2.

Any person may,

12.
in accordance with the laws, regu-
lations and procedures of the Member State which transmitted
the data, bring an action or, if appropriate, a complaint before
the competent authorities or courts of that State concerning
the data relating to him/her recorded in the central database, in
order to exercise his/her rights under paragraph 3. The obli-
gation of the national supervisory authorities to assist and,
where requested, advise the data subject, in accordance with
paragraph 10, shall subsist throughout the proceedings.

Article 19

National supervisory authority

1.
Each Member State shall provide that the national super-
visory authority or authorities designated pursuant to Article
28(1) of Directive 95/46/EC shall monitor independently,
in
accordance with its respective national law, the lawfulness of
the processing, in accordance with the provisions of this regu-
lation, of personal data by the Member State in question,
including their transmission to the Central Unit.

Each Member State shall ensure that its national super-
to advice from persons with

2.
visory authority has access
sufficient knowledge of fingerprint data.

Article 20

Joint supervisory authority

1.
An independent joint supervisory authority shall be set
up, consisting of a maximum of two representatives from the
supervisory authorities of each Member State. Each delegation
shall have one vote.

The joint supervisory authority shall have the task of
2.
monitoring the activities of the Central Unit to ensure that
the rights of data subjects are not violated by the processing
or use of the data held by the Central Unit. In addition, it shall
monitor the lawfulness of the transmission of personal data to
the Member States by the Central Unit.

The joint supervisory authority shall be responsible for
3.
implementation problems in connection
the examination of
with the operation of Eurodac,
the examination of
possible difficulties during checks by the national supervisory
authorities and for drawing up recommendations for common
solutions to existing problems.

for

In the performance of its duties, the joint supervisory
if necessary, be actively supported by the

4.
authority shall,
national supervisory authorities.

5.
The joint supervisory authority shall have access to
advice from persons with sufficient knowledge of fingerprint
data.

assist

supervisory
6.
The Commission shall
authority in the performance of
it
shall supply information requested by the joint supervisory
body, give it access to all documents and paper files as well
as access to the data stored in the system and allow it access to
all its premises, at all times.

the
its tasks.

In particular,

joint

The joint supervisory authority shall unanimously adopt

7.
its rules of procedure.

Reports drawn up by the joint supervisory authority shall
8.
be made public and shall be forwarded to the bodies to which
the national supervisory authorities submit their reports, as
well as to the European Parliament,
the Council and the
Commission for information. In addition, the joint supervisory
authority may submit comments or proposals for improvement
regarding its remit to the European Parliament, the Council and
the Commission at any time.

In the performance of their duties, the members of the
9.
joint supervisory authority shall not receive instructions from
any government or body.

The joint supervisory authority shall be consulted on
10.
that part of
the Eurodac
the draft operating budget of
Central Unit which concerns it. Its opinion shall be annexed
to the draft budget in question.

The joint supervisory authority shall be disbanded upon
11.
the establishment of the independent supervisory body referred
to in Article 286(2) of the Treaty. The independent supervisory
body shall replace the joint supervisory authority and shall
exercise all the powers conferred on it by virtue of the act
under which that body is established.

CHAPTER VII

FINAL PROVISIONS

Article 21

Costs

1.
The costs incurred by national units and the costs for
their connection to the central database shall be borne by
each Member State.

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C 337 E/45

The costs of transmission or communication of data from
2.
the Member State of origin and of
the
comparison to that State shall be borne by the State in
question.

the findings of

Article 22

Committee

The Commission shall be assisted by a committee composed of
the representatives of the Member States and chaired by the
representative of the Commission.

One year after Eurodac starts operations, the Commission
4.
shall produce an evaluation report on the Central Unit,
focusing on the level of demand compared with expectation
and on operational and management issues in the light of
experience, with a view to identifying possible short-term
improvements to operational practice.

Three years after Eurodac starts operations and every six
5.
the Commission shall produce an overall
years thereafter,
evaluation of Eurodac, examining results achieved against
objectives
the
underlying rationale and any implications for future operations.

continuing validity of

and assessing the

to be

a draft of

the measures

the Commission shall submit

to the
The representative of
committee
taken. The
committee shall deliver its opinion on the draft within a
time limit which the chairman may lay down according to
the urgency of the matter. The opinion shall be delivered by
the majority laid down in Article 205(2) of the Treaty in the
case of decisions which the Council is required to adopt on a
proposal from the Commission. The votes of the represen-
tatives of the Member States within the committee shall be
weighted in the manner set out in that Article. The chairman
shall not vote.

The Commission shall adopt the measures envisaged if they are
in accordance with the opinion of the committee.

the measures envisaged are not

If
in accordance with the
opinion of the committee, or if no opinion is delivered, the
to the Council a
Commission shall, without delay, submit
proposal relating to the measures to be taken. The Council
shall act by a qualified majority.

If, on the expiry of a period of three months from the date of
referral to the Council, the Council has not acted, the proposed
measures shall be adopted by the Commission.

Article 23

Annual Report: Monitoring and evaluation

1.
The Commission shall submit to the European Parliament
the
and the Council an annual report on the activities of
Central Unit. The annual report shall include information on
the management and performance of
the system against
pre-defined quantitative indicators for the objectives referred
to in paragraph 2.

2.
The Commission shall ensure that systems are in place to
monitor the functioning of the Central Unit against objectives,
in terms of outputs, cost-effectiveness and quality of service.

3.
The Commission shall regularly evaluate the operation of
the Central Unit in order to establish whether its objectives
have been attained cost-effectively and with a view to
providing guidelines for improving the efficiency of
future
operations.

Article 24

Penalties

Member States shall lay down the rules on penalties applicable
to infringements of the provisions of this Regulation and shall
they are imple-
take all measures necessary to ensure that
effective,
mented. The penalties provided for must be
proportionate and dissuasive. Member States
shall notify
those provisions to the Commission by . . . at the latest and
shall notify it without delay of any subsequent amendment
affecting them.

Article 25

Territorial scope

As regards the French Republic, the provisions of this Regu-
lation shall apply only to the European territory of the French
Republic.

Article 26

Entry into force and applicability

1.
This Regulation shall enter into force on the day of its
publication in the Official Journal of the European Communities.

This Regulation shall apply, and Eurodac shall

2.
operations,
publish in the Official
when the following conditions are met:

start
from the date which the Commission shall
the European Communities,

Journal of

(a) each Member State has notified the Commission that it has
made the necessary technical arrangements to transmit or
communicate data to the Central Unit in accordance with
the implementing measures adopted under Article 4(7); and

(b) the Commission has made

technical
arrangements for the Central Unit to begin operations in
accordance with the implementing measures adopted under
Article 4(7).

the necessary

This Regulation shall be binding in its entirety and directly
applicable in all Member States.

C 337 E/46

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Draft Council Act drawing up a Protocol extending the scope ratione personae of the Convention
concerning the establishment of (cid:21)Eurodac(cid:24) for the comparison of fingerprints of applicants for
asylum

1. At its session on 3/4 December 1998, the (Justice and Home Affairs) Council recorded agreement,
subject to parliamentary scrutiny reservations from the Danish, Italian and United Kingdom delegations,
on the content of the draft Eurodac Convention which was to be 6frozen7 pending the entry into force
of
the
Commission would put forward a proposal
instrument incorporating the
content of the draft convention.

the Treaty of Amsterdam. The Council noted that once that

treaty entered into force,

for a Community legal

2. With regard to the draft Protocol to the draft Eurodac Convention (extending the scope ratione personae
of the draft Convention), the Council, on the one hand, agreed to forward the text as set out in
invited the Permanent
12298/98 to the European Parliament for opinion and, on the other hand,
Representatives Committee to continue examination of the outstanding questions on the text with a
view to enabling the Council, in the light of the European Parliament’s opinion, to reach agreement on
the draft Protocol at its next session.

3. The Eurodac Working Party has devoted several meetings to the examination of the draft Protocol and,
at its meeting on 16/17 February 1999 reached broad agreement on the text set out in the Annex
hereto.

4. On 23 February 1999, the K4 Committee confirmed the agreement (1) reached in the Working Party.

5. The Permanent Representatives Committee is invited to suggest that the Council

G record agreement on the content of the draft Protocol to the draft Eurodac Convention as set out in

the Annex;

G decide to 6freeze7 the text of the draft Protocol pending the entry into force of the Treaty of

Amsterdam;

G note that the Commission will, upon entry into force of that Treaty, put forward a proposal for a
Community instrument incorporating the content of the draft Protocol taking account of the
Opinion which the European Parliament is expected to deliver shortly.

(1) The Italian and United Kingdom delegations maintained parliamentary scrutiny reservations. Several delegations

maintained linguistic reservations.

28.11.2000

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Official Journal of the European Communities

C 337 E/47

Draft Council Act drawing up a Protocol extending the scope ratione personae of the Convention
concerning the establishment of (cid:21)Eurodac(cid:24) for the comparison of fingerprints of applicants for
asylum

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article K.3(2)(c) thereof,

Whereas asylum policy is regarded as a matter of common interest for the Member States under Article
K.1(1) of the Treaty;

Whereas the Council has drawn up a Convention concerning the establishment of 6Eurodac7 for the
comparison of fingerprints of applicants for asylum (the 6Eurodac Convention7),
for the purposes of
applying the Convention determining the State responsible for examining applications for asylum
lodged in one of
the European Communities, signed at Dublin on 15 June
1990 (1), and in particular Article 15 thereof;

the Member States of

Whereas it is also necessary, in order effectively to apply the Dublin Convention, and in particular Article
6 thereof, to make provision for communicating to 6Eurodac7 the fingerprints of persons apprehended in
connection with the irregular crossing of the external border of a Member State;

Whereas it is also desirable in order effectively to apply the Dublin Convention, and in particular Article
10, paragraph 1(c) and (e) thereof, to allow for each Member State to check whether an alien found illegally
present on its territory has applied for asylum in another Member State;

Having decided that a Protocol supplementing the Eurodac Convention to that effect, the text of which is
given in the Annex and which has been signed today by the Representatives of the Governments of the
Member States, is hereby drawn up;

Having examined the views of the European Parliament, following the consultation conducted by the
Presidency in accordance with Article K.6 of the Treaty on European Union;

Recommends that it be adopted by the Member States in accordance with their respective constitutional
requirements and in such manner that it will enter into force at the same time as the Eurodac Convention.

(1) OJ C 254, 19.8.1997, p. 1.

C 337 E/48

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Official Journal of the European Communities

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PROTOCOL

drawn up on the basis of Article K.3 of the Treaty on European Union, extending the scope ratione
personae of the Convention concerning the establishment of (cid:21)Eurodac(cid:24) for the comparison of
fingerprints of applicants for asylum

THE HIGH CONTRACTING PARTIES to this Protocol, Member States of the European Union,

REFERRING to the Act of the Council of the European Union of . . .,

RECOGNISING for the Convention signed at Dublin on 15 June 1990, determining the State responsible for
examining applications for asylum lodged in one of the Member States of the European Communities, is a
measure relating to the free movement of persons in accordance with the objective set out in Article 7a of
the Treaty establishing the European Community;

RECALLING that for the purposes of applying the Dublin Convention, and in particular Article 15 thereof,
the Council has drawn up a Convention concerning the establishment of 6Eurodac7 for the comparison of
fingerprints of applicants for asylum;

WHEREAS it is also necessary in order effectively to apply the Dublin Convention, and in particular Article
6 thereof, to make provision for communicating to 6Eurodac7 the fingerprints of persons apprehended in
connection with the irregular crossing of the external border of a Member State;

WHEREAS it is also desirable in order effectively to apply the Dublin Convention, and in particular Article
10, paragraph 1(c) and (e) thereof, to allow for each Member State to use 6Eurodac7 for checking whether
an alien found illegally present on its territory has applied for asylum in another Member State.

HAVE AGREED ON THE FOLLOWING PROVISIONS:

Article 1

Extension of (cid:21)Eurodac(cid:24)

paragraph 1 above to the Eurodac Central Unit, together with
the other relevant data referred to in Article 5(1) of
the
Eurodac Convention

The provisions of the Convention concerning the establishment
of 6Eurodac7 for the comparison of fingerprints of applicants for
asylum, hereinafter referred to as 6the Eurodac Convention7,
shall be extended, subject to the provisions of this Protocol,
to fingerprint data on certain other aliens, for the purpose of
assisting in determining the Member State which is responsible
under the Dublin Convention of 15 June 1990 for examining
an application for asylum lodged in a Member State, as well as
for the purpose of otherwise facilitating the application of the
latter Convention.

Article 2

Definitions

Unless otherwise stated, the terms defined in Article 2 of the
Eurodac Convention and in Article 1 of the Dublin Convention
of 15 June 1990 shall have the same meaning in this Protocol.

Article 3

Collection and communication of

fingerprint data on

aliens who irregularly cross an external border

1.
Each Member State shall promptly take the fingerprints of
every alien of at least fourteen years of age who is apprehended
by the competent control authorities in connection with the
irregular crossing by land, sea or air of the border of that
Member State having come from a third country and who is
not turned back.

The Member

2.
promptly
communicate the fingerprints of any alien as referred to in

concerned

State

shall

Article 4

Recording of data on aliens who irregularly cross an
external border

Data communicated to the Central Unit pursuant

to
1.
Article 3 of
this Protocol shall be recorded in the central
database for the sole purpose of comparison with data on
applicants for asylum transmitted subsequently to the Central
therefore not compare data
Unit. The Central Unit shall
communicated to it pursuant
to Article 3 with any data
previously recorded in the central database, nor with data
subsequently communicated to the Central Unit pursuant to
Article 3.

2.
In so far as the provisions of the Eurodac Convention
apply to data on an alien as referred to in Article 3 of this
Protocol, references to the 6Member State of origin7 shall be
taken as meaning the Member State which communicates
such data to the Central Unit.

Article 5

Storage of data on aliens who irregularly cross an external
border

Each set of data relating to an alien as referred to in
1.
Article 3 of
this Protocol shall be stored in the Eurodac
central database for two years from the date on which the
fingerprints of
this
period,
the Central Unit shall automatically erase the data
from the central database.

the alien were taken. Upon expiry of

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Official Journal of the European Communities

C 337 E/49

Notwithstanding the provisions of paragraph 1 above, the
2.
data relating to an alien as referred to in Article 3 shall be
erased from the central database immediately when the
the
Member State of origin becomes aware of either of
period
circumstances
following
mentioned in paragraph 1 has expired:

two-year

before

the

(a) the alien has been issued with a residence permit; or

(b) the alien has left the territory of the Member States.

Article 6

Rights of the data subject

The right of any alien as referred to in Article 3 to have access
to data concerning him/her in the central database shall be
exercised in accordance with the law of the Member State
before which he/she invokes that right. If the national law so
provides, the national supervisory authority provided for in
Article 14 of the Eurodac Convention shall decide whether
information shall be communicated and by what procedures.
In the case referred to in the previous sentence, a Member State
which did not transmit the data may communicate information
concerning such data only if
it has previously given the
Member State of origin an opportunity to state its position.

Article 7

Comparison of fingerprints of aliens found illegally
present in a Member State

1. With a view to checking whether an alien found illegally
present within its territory has previously lodged an application
for asylum in another Member State, each Member State may
communicate to the Central Unit
fingerprints it may have
taken of any such alien of at least fourteen years of age. As
a general rule there are grounds for checking whether the alien
has previously lodged an application for asylum in another
Member State where:

G the alien declares that he/she has lodged an application for
asylum but without indicating the Member State in which
he/she made the application;

G the alien does not request asylum but objects to being
returned to his/her country of origin by claiming that
he/she would be in danger, or

G the alien otherwise seeks to prevent his/her removal by
to establish his/her
in particular by showing no or false identity

in order

refusing to cooperate
identity,
papers.

2.
The fingerprints of an alien as referred to in paragraph 1
shall be communicated to the Central Unit solely for the
purpose of comparison with the fingerprints of applicants for
asylum transmitted by other Member States and already
recorded in the central database. The fingerprints of such an
alien shall not be stored in the central database, nor shall they
be compared with the data communicated to the Central Unit
pursuant to Article 3 of this Protocol.

The Central Unit

3.
fingerprints
shall
communicated to it under paragraph 1 above forthwith, once
the results of the comparison have been communicated to the
Member State of origin.

destroy

the

Article 8

Application of provisions of the Eurodac Convention

Unless otherwise stated in this Protocol or unless a different
intention appears from the context, all the provisions of the
Eurodac Convention shall apply mutatis mutandis
to this
Protocol.

Article 9

Reservations

This Protocol shall not be subject to any reservations.

Article 10

Entry into force

This Protocol shall be subject to adoption by the Member
constitutional

in accordance with their

respective

1.
States
requirements.

2. Member States shall notify the Secretary-General of the
the
Council of
procedures necessary under their constitutional requirements
for adopting this Protocol.

the European Union of

the completion of

3.
This Protocol shall enter into force on the first day of the
third month after the notification referred to in paragraph 2 by
the State which, being a member of the European Union on
the date of adoption by the Council of the Act drawing up this
Protocol, is the last to complete that formality, provided that
the Eurodac Convention enters into force on the same date as
this Protocol.

Article 11

Accession

This Protocol shall be open to accession by any State that

1.
becomes a member of the European Union.

The text of this Protocol in the language of the acceding
the European

2.
Member State, drawn up by the Council of
Union, shall be authentic.

Instruments of accession shall be deposited with the

3.
depositary.

This Protocol shall enter into force with respect to the
4.
acceding Member State on the first day of the third month after
the deposit of its instrument of accession or on the date of
entry into force of this Protocol if it has not already entered
the aforesaid period,
into force at
provided that the Eurodac Convention enters into force with
respect to the acceding Member State on the same date as this
Protocol.

the time of expiry of

Article 12

Depositary

The Secretary-General of the Council of the European

1.
Union shall act as depositary of this Protocol.

2.
The depositary shall publish in the Official Journal of the
European Communities information on the progress of adoptions
and accessions, together with declarations and any other notifi-
cation concerning this Protocol.

C 337 E/50

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Official Journal of the European Communities

28.11.2000

En fe de lo cual, los plenipotenciarios abajo firmantes suscriben el presente Protocolo.

Til bekrHftelse heraf har undertegnede befuldmHgtigede underskrevet denne protokol.

Zu Urkund dessen haben die unterzeichneten BevollmJchtigten ihre Unterschriften unter dieses Protokoll
gesetzt.

(cid:1)(cid:2) (cid:3)(cid:4)(cid:5)(cid:6)ø(cid:5)(cid:8) (cid:6)ø(cid:9) Æ(cid:9)ø(cid:6)(cid:11)æø, (cid:14)Ø ı(cid:3)(cid:14)ªæ(cid:18)(cid:19)(cid:14)(cid:9)(cid:6)(cid:2)(cid:20) (cid:3)º(cid:8)æ(cid:2)(cid:22)(cid:14)(cid:23)(cid:5)Ø(cid:14)Ø ı(cid:3)(cid:11)ªæÆłÆ(cid:9) (cid:6)(cid:14) (cid:3)Ææ(cid:25)(cid:9) —æø(cid:6)(cid:25)Œ(cid:14)ºº(cid:14).

In witness whereof, the undersigned Plenipotentiaries have hereunto set their hands.

En foi de quoi, les plØnipotentiaires soussignØs ont apposØ leurs signatures au bas du prØsent protocole.

In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente protocollo.

Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder dit protocol hebben
gesteld.

Em fØ do que, os plenipotenciÆrios abaixo-assinados apuseram as suas assinaturas no final do presente
Protocolo.

TJmJn vakuudeksi alla mainitut tJysivaltaiset edustajat ovat allekirjoittaneet tJmJn pMytJkirjan.

Till bevis hJrpN har undertecknade befullmJktigade undertecknat detta protokoll.

Hecho en . . . el . . . de . . ., en un ejemplar œnico en lenguas alemana, danesa, espaæola, finesa, francesa,
griega, inglesa, irlandesa, italiana, neerlandesa, portuguesa y sueca, cuyos textos son igualmente autØnticos
y que serÆ depositado en los archivos de la SecretarQa General del Consejo de la UniRn Europea.

UdfHrdiget i . . ., den . . . i Øt eksemplar pN dansk, engelsk, finsk, fransk, grHsk, irsk, italiensk, nederlandsk,
portugisisk, spansk, svensk og tysk, hvilke tekster alle har samme gyldighed, og deponeres i arkiverne i
Generalsekretariatet for RNdet for Den EuropHiske Union.

Geschehen zu . . . am . . . in einer Urschrift in dJnischer, deutscher, englischer, finnischer, franzMsischer,
griechischer, irischer, italienischer, niederlJndischer, portugiesischer, schwedischer und spanischer Sprache,
wobei jeder Wortlaut gleichermaSen verbindlich ist; die Urschrift wird im Archiv des Generalsekretariats
des Rates der EuropJischen Union hinterlegt.

‚ªØ(cid:9)(cid:2) (cid:5)(cid:6) . . . (cid:5)(cid:6)Ø(cid:20) . . . (cid:5)(cid:2) (cid:11)(cid:9)Æ (cid:30)(cid:25)(cid:9)(cid:14) Æ(cid:9)(cid:6)(cid:4)(cid:6)ı(cid:3)(cid:14) (cid:5)(cid:6)(cid:8) (cid:31)Æ(cid:9)ØŒ , (cid:14)ººÆ(cid:9)(cid:31)ØŒ , ÆªªºØŒ , (cid:19)Ø(cid:9)ºÆ(cid:9)(cid:31)ØŒ , ªÆººØŒ , ª(cid:2)æ(cid:30)Æ(cid:9)ØŒ ,
(cid:2)ºº(cid:8)(cid:9)ØŒ , ØæºÆ(cid:9)(cid:31)ØŒ , Ø(cid:6)ÆºØŒ , (cid:3)(cid:14)æ(cid:6)(cid:14)ªÆºØŒ , Ø(cid:5)(cid:3)Æ(cid:9)ØŒ  ŒÆØ (cid:5)(cid:14)ı(cid:8)(cid:31)ØŒ  ªº!(cid:5)(cid:5)Æ. …ºÆ (cid:6)Æ Œ(cid:2)(cid:4)(cid:30)(cid:2)(cid:9)Æ (cid:2)(cid:4)(cid:9)ÆØ (cid:2)(cid:22)(cid:4)(cid:5)(cid:14)ı ÆıŁ(cid:2)-
(cid:9)(cid:6)ØŒ(cid:18). %(cid:14) Æ(cid:9)(cid:6)(cid:4)(cid:6)ı(cid:3)(cid:14) ŒÆ(cid:6)(cid:2)(cid:6)(cid:11)Ł(cid:8) (cid:5)(cid:6)Æ Ææ&(cid:2)(cid:4)Æ (cid:6)(cid:8)(cid:20) ˆ(cid:2)(cid:9)ØŒ (cid:20) ˆæÆ(cid:30)(cid:30)Æ(cid:6)(cid:2)(cid:4)Æ(cid:20) (cid:6)(cid:14)ı (cid:1)ı(cid:30)((cid:14)ıº(cid:4)(cid:14)ı (cid:6)(cid:8)(cid:20) ¯ıæø(cid:3)ÆœŒ (cid:20) ‚(cid:9)ø(cid:5)(cid:8)(cid:20).

Done at . . . this . . . day of . . . in a single original, in the Danish, Dutch, English, Finnish, French, German,
Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, all texts being equally authentic, such
original being deposited in the archives of the General Secretariat of the Council of the European Union.

Fait T . . .,
finnoise,
le . . . en un exemplaire unique, en langues allemande, anglaise, danoise, espagnole,
franUaise, grecque, irlandaise, italienne, nØerlandaise, portugaise et suØdoise, chacun de ces textes faisant Øgale-
ment foi, exemplaire qui est dØposØ dans les archives du SecrØtariat gØnØral du Conseil de l’Union europØenne.

Fatto a . . ., il . . ., in un unico esemplare in lingua danese, finlandese, francese, greca, inglese, irlandese,
italiana, olandese, portoghese, spagnola, tedesca e svedese, tutti i testi facenti ugualmente fede, esemplare
depositato negli archivi del Segretariato generale del Consiglio dell’Unione europea.

. . ., opgesteld in ØØn exemplaar in de Duitse, de Engelse, de Deense, de Spaanse, de Finse, de
Gedaan te . . .,
Franse, de Griekse, de Ierse, de Italiaanse, de Nederlandse, de Portugese en de Zweedse taal, zijnde alle teksten
gelijkelijk authentiek, neergelegd in het archief van het secretariaat-generaal van de Raad van de Europese Unie.

Feito em . . ., em . . ., em exemplar œnico redigido nas lQnguas espanhola, dinamarquesa, alemª, grega,
finlandesa e sueca, cujas versıes fazem
inglesa,
igualmente fØ, o qual fica depositado nos arquivos do Secretariado-Geral do Conselho da Uniªo Europeia.

italiana, neerlandesa, portuguesa,

irlandesa,

francesa,

Tehty . . . ssa/ssJ . . . pJivJnJ . . . kuuta vuonna . . . yhtenJ ainoana englannin-, espanjan-, hollannin-, iirin-,
italian-, kreikan-, portugalin-, ranskan-, ruotsin-, saksan-, suomen- ja tanskankielisenJ alkuperJiskappa-
leena, jonka kullakin kielellJ laadittu teksti on yhtJ todistusvoimainen ja joka talletetaan Euroopan unionin
neuvoston pJJsihteeristMn arkistoon.

UtfJrdat i . . . den . . . i ett enda original pN danska, engelska, finska, franska, grekiska, iriska, italienska,
nederlJndska, portugisiska, spanska, svenska och tyska sprNken, varvid alla texter Jr lika giltiga, och
deponerat i arkivet vid generalsekretariatet vid Europeiska unionens rNd.

28.11.2000

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Official Journal of the European Communities

C 337 E/51

Por el Gobierno del Reino de BØlgica

For regeringen for Kongeriget Belgien

FXr die Regierung des KMnigreichs Belgien

ˆØÆ (cid:6)(cid:8)(cid:9) Œı((cid:11)æ(cid:9)(cid:8)(cid:5)(cid:8) (cid:6)(cid:14)ı ´Æ(cid:5)Øº(cid:2)(cid:4)(cid:14)ı (cid:6)(cid:14)ı ´(cid:2)ºª(cid:4)(cid:14)ı

For the Government of the Kingdom of Belgium

Pour le gouvernement du royaume de Belgique

Per il Governo del Regno del Belgio

Voor de Regering van het Koninkrijk Belgiº

Pelo Governo do Reino da BØlgica

Belgian kuningaskunnan hallituksen puolesta

FMr Konungariket Belgiens regering

C 337 E/52

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Official Journal of the European Communities

28.11.2000

Draft Council Act drawing up the Convention concerning the establishment of (cid:21)Eurodac(cid:24) for the
comparison of fingerprints of applicants for asylum

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article K.3(2)(c) thereof,

the Treaty; whereas it

Whereas asylum policy is regarded as a matter of common interest for the Member States under Article
K.1(1) of
is necessary to set up a computerized system for comparison of
fingerprints of persons seeking asylum in a Member State in order effectively to apply the Convention
determining the State responsible for examining applications for asylum lodged in one of the Member
States of the European Communities (signed at Dublin on 15 June 1990) (1), and in particular Article 15
thereof;

Having decided that the Convention, the text of which is given in the Annex and which has been signed
today by the Representatives of the Governments of the Member States, is hereby drawn up;

Having examined the views of the European Parliament, following the consultation conducted by the
Presidency in accordance with Article K.6 of the Treaty on European Union;

Recommends that it be adopted by the Member States in accordance with their respective constitutional
requirements and in such manner that it will enter into force at the same time as a Protocol extending the
scope ratione personae of this Convention for the purpose of further facilitating the application of the
Dublin Convention.

(1) OJ C 254, 19.8.1997, p. 1.

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Official Journal of the European Communities

C 337 E/53

drawn up on the basis of Article K.3 of the Treaty on European Union concerning the estab-
lishment of (cid:21)Eurodac(cid:24) for the comparison of fingerprints of applicants for asylum

CONVENTION

THE HIGH CONTRACTING PARTIES to this Convention; Member States of the European Union,

REFERRING to the Act of the Council of the European Union of . . .,

RECALLING the objective of harmonisation of the Member States’ asylum policies, set by the Strasbourg
European Council on 8 and 9 December 1989 and further developed by the Maastricht European Council
on 9 and 10 December 1991 and the Brussels European Council on 10 and 11 December 1993 as well as
in the Commission communication on 23 February 1994 on immigration and asylum policies;

DETERMINED, in keeping with their common humanitarian tradition, to guarantee adequate protection to
refugees in accordance with the terms of the Geneva Convention of 28 July 1951, as amended by the New
York Protocol of 31 January 1967, relating to the Status of Refugees, and to continue the dialogue begun
with the United Nations High Commissioner for Refugees on any issues relating to application of this
Convention;

CONSIDERING the joint objective of an area without internal frontiers in which the free movement of
persons is ensured, in accordance with Article 7a of the Treaty establishing the European Community;

AWARE of the need, in pursuit of this objective, to take measures to avoid any situations arising which
would result in applicants for asylum being left in doubt for too long as to the likely outcome of their
applications and concerned to provide all applicants for asylum with a guarantee that their applications
will be examined by one of the Member States and to ensure that applicants for asylum are not referred
successively from one Member State to another without any of these States acknowledging itself to be
competent to examine the application for asylum;

considering that the specific aim of the Dublin Convention of 15 June 1990 determining the State
responsible for examining applications for asylum lodged in one of the Member States of the European
Communities (1) is to meet that concern;

considering that for the purposes of applying the Dublin Convention it is necessary to establish the
identity of applicants for asylum;

considering that fingerprints constitute an important element in establishing the exact identity of such
persons and considering that it is necessary to set up a system for the comparison of their fingerprints;

whereas the provisions of
this Convention may only be applied in compliance with the European
Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on
4 November 1950;

considering that the processing of such data must observe the strictest standards of confidentiality and is
only possible with due regard for the Council of Europe Convention for the Protection of Individuals with
regard to Automatic Processing of Personal Data, signed at Strasbourg on 28 January 1981,

HAVE AGREED ON THE FOLLOWING PROVISIONS:

(1) OJ C 254, 19.8.1997, p. 1.

C 337 E/54

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Official Journal of the European Communities

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Article 1

Purpose of (cid:21)Eurodac(cid:24)

1.
A system known as 6Eurodac7 is hereby established, the
sole purpose of which shall be to assist in determining the
Member State which is responsible pursuant to the Dublin
Convention for examining an application for asylum lodged
in a Member State.

2.

To that end, Eurodac shall consist of:

G the Central Unit referred to in Article 3,

and communication to Member States of the results of
the comparison made by the Central Unit, and

G recording of personal data directly by Member States in
the central database and direct communication of the
results of the comparison to such Member States.

5.

6Personal data7 shall mean any information relating to an
identified or
identifiable natural person; an identifiable
person is one who can be identified, directly or indirectly,
in particular by reference to an identification number or to
one or more factors specific to his physical identity.

G a computerised central database in which the data referred
to in Article 5(1) are recorded and stored for the purpose
of comparing the fingerprints of applicants for asylum,

6.

6Member State of origin7 shall mean the Member State which
transmits the personal data to the Central Unit and receives
the results of the comparison.

G means of transmission between the Member States and the

central database.

The rules governing Eurodac shall also apply to operations
effected by the Member States as from the transmission of
data to the Central Unit until use is made of the results of
the comparison.

3. Without prejudice to the use of data intended for Eurodac
by the Member State of origin in databases set up under the
latter’s national law, fingerprints and other personal data may
be processed in Eurodac only for the purposes set out
in
Article 15(1) of the Dublin Convention.

Article 2

Definitions

For the purposes of this Convention:

1.

6The Dublin Convention7 shall mean the Convention deter-
mining the State responsible for examining applications for
asylum lodged in one of the Member States of the European
Communities, signed at Dublin on 15 June 1990.

2. Unless stated otherwise, the terms defined in Article 1 of
the Dublin Convention shall have the same meaning in this
Convention.

Article 3

Central Unit

be

shall

A Central Unit

1.
the
Commission which shall be responsible for operating the
central database of fingerprints of applicants for asylum on
behalf of
shall be
the Member States. The Central Unit
equipped with a computerized fingerprint recognition system.

established within

Data on applicants for asylum which are processed at the
2.
Central Unit shall be processed on behalf of the Member State
of origin

3.
The Commission shall submit to the Council and the
European Parliament an annual report on the activities of the
Central Unit.

Article 4

Procedure

1.
Each Member State shall promptly take the fingerprints of
every applicant for asylum of at last 14 years of age and shall
promptly transmit the data referred to in Article 5(1), points 1
to 6, to the Central Unit. The procedure for taking fingerprints
shall be determined in accordance with the national practice of
the Member State concerned. The applicant for asylum shall be
informed of
taking his/her fingerprints as
the purpose of
provided for in Article 13(1).

3. An 6applicant for asylum7 shall mean an alien who has made
an application for asylum or on whose behalf such an
application has been made.

The data referred to in Article 5(1) shall be immediately

2.
recorded in the central database:

4.

6Transmission of data7 shall mean:

(i) by the Central Unit or,

G communication of personal data from Member States to
the Central Unit for recording in the central database

(ii) insofar as the technical conditions for such purposes are

met, directly by the Member State of origin.

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Official Journal of the European Communities

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Fingerprint data within the meaning of point 2 of Article
3.
5(1) transmitted by any Member State shall be compared by the
Central Unit with the fingerprint data transmitted by other
Member States and already recorded in the central database.

the
After recording the data in the central database,
2.
Central Unit shall destroy the media used for transmitting the
data, unless the Member State of origin has requested their
return.

Any Member State may request

4.
the comparison
referred to in paragraph 3 should cover the fingerprint data
previously transmitted by it, in addition to the data from other
Member States.

that

5.
The Central Unit shall forthwith communicate the results
of the comparison to the Member State of origin, together with
the data referred to in Article 5(1),
relating to those
fingerprints which, in the opinion of the Central Unit, are so
similar as to be considered as matching with the fingerprints
which were transmitted by that Member State. Direct trans-
mission to the Member State of origin of the results of the
comparison shall be permissible where the technical conditions
for such purpose are met.

The results of

the comparison shall be immediately
6.
checked in the Member State of origin. Final
identification
shall be made by the Member State of origin in cooperation
with the Member States concerned, pursuant to Article 15 of
the Dublin Convention. Information received from the Central
Unit relating to any data mismatch or other data found to be
unreliable shall be erased by the Member State of origin as
soon as the mismatch or unreliability of the data is established.

7.
The Council shall adopt the implementing rules which are
necessary to give effect to the procedures provided for in this
Article.

Article 5

Recording of data

Only the following data shall be recorded in the central

1.
database:

1. Member State of origin, place and date of the application

for asylum;

2. fingerprints (1) pursuant to the rules for implementing this

Convention adopted by the Council;

3. sex;

4. reference number used by the Member State of origin;

5. date on which the fingerprints were taken;

6. date on which the data were transmitted to the Central Unit;

7. date on which the data were entered in the central database;

8. details in respect of the recipient(s) of the data transmitted

and the date(s) of transmission(s).

(1) 6Fingerprints7 here refers to both the prints themselves and data

relating to them.

Article 6

Data storage

Each set of data, as referred to in Article 5(1), shall be stored in
the central database for ten years from the date on which the
fingerprints were last taken. Upon expiry of this period, the
Central Unit shall automatically erase the data from the central
database.

Article 7

Advance data erasure

Notwithstanding the provisions of Article 6, data relating to a
person who has acquired citizenship of a Member State shall be
erased from the central database. In conformity with Article
11(3), such erasure shall be carried out by the Member State of
origin either directly or, at the request of the latter, by the
Central Unit, as soon as that Member State becomes aware
that the person has acquired citizenship of a Member State.

Article 8

Blocking of data

1.
Notwithstanding the provisions of Article 6, data relating
to a person who in accordance with the Geneva Convention of
28 July 1951, as amended by the New York Protocol of 31
January 1967, has been recognised and admitted as a refugee in
a Member State shall be blocked in the central database. Such
blocking shall be carried out by the Central Unit on the
instructions of the Member State of origin.

2.
Five years after Eurodac begins its activities, the Council
shall, on the basis of reliable statistics compiled by the Central
Unit on persons who have lodged an application for asylum in
a Member State after having been recognised and admitted as
refugees as defined in paragraph 1 in another Member State,
unanimously adopt a procedure enabling it to decide whether
the data relating to persons who have been recognised and
admitted as refugees in a Member State should either:

(a) be unblocked and be stored in accordance with Article 6
for the purpose of the comparison provided for in Article
4(3). In such case, the procedure mentioned in paragraph I
shall no longer apply; or

(b) be erased in advance once a person has been recognised

and admitted as a refugee. In such case:

G data which have been blocked in accordance with
paragraph 1 shall be erased immediately by the
Central Unit; and

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Official Journal of the European Communities

28.11.2000

G with regard to data relating to persons who are
subsequently recognised and admitted as refugees, the
last sentence of Article 7 shall apply mutatis mutandis.

(c) take the necessary measures to ensure the security of the

Central Unit in accordance with Article 10.

The Council shall adopt implementing rules concerning

3.
compilation of the statistics referred to in paragraph 2.

(d) ensure that only persons authorised to work in the Central
Unit shall have access to data recorded in the central
database, without prejudice to Article 15.

Article 9

Responsibility far data use

The Member State of origin shall be responsible for

1.
ensuring that:

(a) fingerprints are taken lawfully;

(b) fingerprints and the other data referred to in Article 5(1)

are lawfully transmitted (1) to the Central Unit;

(c) data are accurate and up-to-date when they are transmitted

to the Central Unit;

5. Member States shall ensure that use of data recorded in
the central database contrary to the purpose of Eurodac as laid
down in Article 1(1) shall be subject to appropriate penalties.

Article 10

Security

The Member State of origin shall

1.
measures to:

take the necessary

(a) prevent any unauthorised person from having access to
installations in which the Member State carries
national
out operations in accordance with the aim of Eurodac
(checks at the entrance to the installation);

(d) without prejudice to the responsibilities of the Commission,
data in the central database are lawfully recorded (1), stored,
corrected and erased;

(b) prevent data and data media in Eurodac from being read,
erased by unauthorised persons

copied, modified or
(control of data media);

(e) the results of fingerprint comparisons transmitted by the

Central Unit are lawfully used.

(c) guarantee that

is possible to check and establish a
posteriori what data have been recorded in Eurodac, when
and by whom (control of data recording);

it

2.
In accordance with Article 10, the Member State of origin
shall ensure the security of these data before and during trans-
mission to the Central Unit as well as the security of the data it
receives from the Central Unit.

(d) prevent the unauthorised recording of data in Eurodac and
any unauthorised modification or erasure of data recorded
in Eurodac (control of data entry);

The Member State of origin shall be responsible for the

3.
final identification of the data pursuant to Article 4(6).

(e) guarantee that, for the use of Eurodac, authorised persons
have access only to data which are within their competence
(control of access) (2);

The Commission shall ensure that the Central Unit is
4.
operated in accordance with the provisions of the Convention
and with the implementing rules adopted by the Council. In
particular, the Commission shall:

(f) guarantee that it is possible to check and establish to which
authorities data recorded in Eurodac may be transmitted by
data transmission equipment (control of transmission);

(a) adopt measures ensuring that persons working in the
Central Unit do not use the data recorded in the central
database in a way contrary to the purpose of Eurodac as
laid down in Article 1(1).

(g) prevent the unauthorised reading, copying, modification or
erasure of data during both the direct transmission of data
to the central database and vice versa and the transport of
data media to the Central Unit and vice versa (control of
transport).

(b) ensure that persons working in the Central Unit comply
with all requests from Member States made pursuant to
the Convention in relation to recording, comparison,
correction and erasure of data for which they are
responsible;

As

regards

2.
the
Commission shall be responsible for applying the abovemen-
tioned measures.

the Central Unit,

the operation of

(1) Transmission pursuant to the second indent of Article 2(4) already

includes recording.

(2) The possibility of recording unauthorised attempts at access to data
should be spelt out either in the implementing rules, or when
drawing up the specifications.

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Official Journal of the European Communities

C 337 E/57

Article 11

Access to and correction or erasure of data recorded in
Eurodac

The Member State of origin shall have access to data
1.
which it has transmitted and which are recorded in the
central database in accordance with the provisions of
this
Convention. No Member State may conduct searches in the
data transmitted by another Member State, nor may it
receive
resulting from the
from data
comparison referred to in Article 4(5).

such data

apart

2.
to
The authorities of Member States which, pursuant
paragraph 1, have access to data recorded in the central
database shall be those designated by each Member State.
Each Member State shall communicate to the depository a
list of these authorities.

Only the Member State of origin shall have the right to
3.
amend the data it has transmitted to the Central Unit by
correcting or supplementing such data, or to erase them,
without prejudice to erasure carried out
in application of
Article 6. Where the Member State of origin records data
it shall amend or erase the
directly in the central database,
data directly,
if appropriate. Where the Member State of
origin does not record data directly in the central database,
the Central Unit shall alter or erase the data at the request of
that Member State.

4.
If a Member State or the Central Unit has evidence to
suggest that data recorded in the central database are factually
inaccurate, it shall advise the Member State of origin as soon as
possible. In addition, if a Member State has evidence to suggest
that data were recorded in the central database contrary to this
Convention, it shall similarly advise the Member State of origin
as soon as possible. The latter shall check the data concerned
and, if necessary, amend or erase without delay.

Article 12

Damages

The Member State of origin shall, in accordance with its
1.
national
law, be liable for any damage caused to persons or
other Member States resulting from the illegal use of the results
of the fingerprint comparisons transmitted by the Central Unit.

likewise be liable for
The European Community shall
3.
damage to the central database. However,
if the damage is
due to the failure of a Member State to comply with its obli-
gations under this Convention,
that Member State shall be
liable, unless the Commission failed to take reasonable steps
to prevent the damage from happening or to minimise its
impact.

4.
Claims for compensation against a Member State for the
damage referred to in paragraphs 1 and 3 shall be governed by
the provisions of national law of the defendant Member State.

Article 13

Rights of the data subject

1. Member States shall
for asylum,
when taking his/her fingerprints, of the purpose, as defined
taking the prints and of his/her rights
in Article 1(1), of
under this Article and their procedural practices.

inform the applicant

right of access

regulations and procedures of

In each Member State any person may,

in accordance
2.
the State,
with the laws,
exercise a
to data concerning him/her
recorded in the central database. Such access to data may be
granted only by a Member State. The person will be informed
of the data relating to him/her recorded in the central database
and of
the Member State which transmitted them to the
Central Unit.

3.
If the person contests the accuracy of the data or the
lawfulness of recording them in the central database, he/she
may ask for data which are factually inaccurate to be corrected
or for data recorded unlawfully to be erased. The correction
and erasure shall be carried out by the Member State which
transmitted the data in accordance with its laws, regulations
and procedures.

If the rights of correction and erasure are exercised in a
4.
Member State other than that (those) which transmitted the
data, the authorities of that Member State shall contact the
authorities of
the
latter may check the accuracy of the data and the lawfulness
of their transmission and recording in the central database.

the Member State(s)

in question so that

2.
The European Community shall be liable, in accordance
with Article 215, second paragraph, of the Treaty establishing
the European Community, for any damage caused to persons
or Member States through the fault of persons working in the
Central Unit in breach of their duties under this Convention.
Article 178 of the Treaty establishing the European Community
shall be applicable.

If it emerges that data recorded in the central database are
5.
factually inaccurate or have been recorded unlawfully,
the
Member State which transmitted them shall correct or erase
the data in accordance with Article 11(3). That Member State
shall confirm in writing to the data subject that it has taken
action to correct or erase data relating to him/her.

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If the Member State which transmitted the data does not
6.
accept that data recorded in the central database are factually
inaccurate or have been recorded unlawfully it shall explain in
writing to the data subject why it is not prepared to correct or
erase the data. That Member State shall also provide the data
subject with information explaining the steps which he/she can
take if he/she does not accept the explanation provided. This
shall include information about how to bring an action or, if
appropriate, a complaint before the competent authorities or
that Member State and any financial or other
courts of
assistance that is available in accordance with the laws, regu-
lations and procedures of that Member State.

7.
Any request under paragraphs 2 and 3 shall contain all
the necessary particulars to identify the data subject, including
fingerprints. Such data shall be used exclusively to exercise the
rights referred to in paragraphs 2 and 3 and shall be destroyed
immediately afterwards.

shall undertake to ensure that

their
8. Member States
competent authorities cooperate actively to enforce promptly
the rights to correct and erase data laid down in paragraphs 3
to 5.

9.
In each Member State, the national supervisory authority
shall, in accordance with Article 14(3), assist the data subject in
exercising his/her right of access to data.

10.
The national supervisory authority of the Member State
supervisory
which transmitted the data and the national
authority of the Member State in which the person is present
shall assist and, where requested, advise him/her in exercising
his/her right to correct or erase data. Both the national super-
visory authorities shall cooperate to this end. Such assistance
shall be granted in accordance with the laws, regulations and
procedures of the Member States concerned, giving effect to
the Council of Europe Convention for the Protection of Indi-
viduals with regard to Automatic Processing of Personal Data,
signed at Strasbourg on 28 January 1981. Requests for such
assistance may be made to the national supervisory authority
of the Member State in which the person is present, which
shall transmit the requests to the authority of the Member
State which transmitted the data. The data subject may also
supervisory
apply for assistance and advice to the joint
authority set up in Article 15.

In each Member State any person may, in accordance
11.
with the laws, regulations and procedures of that State, bring
an action or, if appropriate, a complaint before the competent
authorities or courts of the State if he/she is refused the right
of access provided for in paragraph 2.

Any person may,

12.
lations and procedures of

in accordance with the laws, regu-
the State which transmitted the

data, bring an action or, if appropriate, a complaint before the
competent authorities or courts of that State concerning the
data relating to him/her recorded in the central database, in
order to exercise his/her rights under paragraph 3. The obli-
gation of the national supervisory authorities to assist and,
where requested, advise the person,
in accordance with
paragraph 10, shall subsist throughout these proceedings.

Article 14

National supervisory authority

for

personal

authorities

Each Member State shall designate a national supervisory
1.
data
responsible
authority or
the national
protection in that Member State. The task of
supervisory authority shall be to monitor independently,
in
accordance with its respective national law, the lawfulness of
this
the processing,
in accordance with the provisions of
Convention, of personal data by the Member State
in
question, as well as of their transmission to the Central Unit,
and to examine whether this violates the rights of the data
subject. For this purpose, the supervisory authority shall have
access to the data processed by the Member State concerned.
The Member State shall also make available to the national
supervisory authority any information which it requests and
allow it access to all documents and files, as well as all
premises, at all times.

Each Member State shall ensure that its national super-
to advice from persons with

2.
visory authority has access
sufficient knowledge of fingerprint data.

3.
Any person may ask the national supervisory authority to
ensure that the recording and transmission of data concerning
him/her to the Central Unit and the retrieval and use of such
data by the Member State in question are lawful. This right
shall be exercised in accordance with the national
law
applicable to the national supervisory body of which the
request is made.

Article 15

Joint supervisory authority

1.
An independent joint supervisory authority shall be set
up, consisting of a maximum of two representatives from the
supervisory authorities of each Member State. Each delegation
shall have one vote.

The joint supervisory authority shall have the task of
2.
monitoring the activities of the Central Unit to ensure that
the rights of data subjects are not violated by the processing
or use of the data held by the Central Unit. In addition, it shall
monitor the lawfulness of the transmission of personal data to
the Member States by the Central Unit.

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The joint supervisory authority shall also be competent
3.
for
interpretation
the examination of
problems in connection with the operation of Eurodac, for
the examination of possible difficulties during checks by the
national supervisory authorities and for drawing up proposals
for common solutions to existing problems.

implementation or

In the performance of its duties, the joint supervisory
if necessary, be actively supported by the

4.
authority shall,
national supervisory authorities.

Article 16

Costs

1.
The costs incurred in connection with the establishment
and operation of the Central Unit shall be borne by the budget
of the European Communities.

The costs

2.
their
connection to the central database shall be borne by each
Member State.

incurred by national units and for

The joint supervisory authority shall have access to
5.
advice from persons with sufficient knowledge of fingerprint
data.

3.
The costs of transmission of data from the Member State
of origin and of the findings of the comparison to that State
shall be borne by the State in question.

assist

supervisory
The Commission shall
6.
authority in the performance of
it
shall supply information requested by the joint supervisory
body, give it access to all documents and paper files as well
as access to the data stored in the system and allow it access to
all its premises, at all times.

the
its tasks.

In particular,

joint

The joint supervisory authority shall unanimously adopt

7.
its rules of procedure.

8.
Reports drawn up by the joint supervisory authority shall
be forwarded to the bodies to which the national supervisory
authorities submit their reports, as well as to the Council for
information. In addition, the joint supervisory authority may
submit comments or proposals for improvement regarding its
remit to the Council at any time.

9.
In the performance of their duties, the members of the
joint supervisory authority shall not receive instructions from
any government or body.

The joint supervisory authority shall be consulted on
10.
that part of
the Eurodac
the draft operating budget of
Central Unit which concerns it. Its opinion shall be annexed
to the draft budget in question.

11.
The joint supervisory authority shall be disbanded upon
the establishment of the Central Unit supervisory authority
under Article 286(2) of
the EC Treaty as inserted by the
Treaty of Amsterdam. The independent supervisory authority
shall take over the tasks of the joint supervisory authority and
shall exercise for the purposes of the supervision of the Central
Unit all the powers attributed to it by virtue of the act under
which the independent supervisory authority is established. For
the purpose of this Convention, the independent supervisory
authority shall be referred to as the 6Central Unit supervisory
authority7.

Article 17

Jurisdiction of the Court of Justice

1.
The Court of Justice shall have jurisdiction to rule on any
dispute between Member States regarding the interpretation or
this Convention whenever such dispute
the application of
cannot be settled by the Council within six months of
its
being referred to the Council by one of its members.

2.
The Court of Justice shall have jurisdiction to rule on any
dispute between one or more Member States and the
Commission of the European Communities regarding the inter-
pretation or the application of this Convention whenever such
dispute cannot be settled through negotiation.

3.
Any court in a Member State may ask the Court of Justice
to give a preliminary ruling on a matter concerning the inter-
pretation of this Convention.

4.
The competence of the Court of Justice provided for in
paragraph 3 shall be subject to its acceptance by the Member
State concerned in a declaration to that effect made at the time
of
the notification referred to in Article 20(2) or at any
subsequent time.

A Member State making a declaration under paragraph 4
5.
may restrict the possibility of asking the Court of Justice to
give a preliminary ruling to those of its courts against the
decisions of which there is no judicial remedy under national
law.

6. (a) The Statute of the Court of

Justice of the European

Community and its Rules of Procedure shall apply.

(b) In accordance with that Statute, any Member State,
whether or not
it has made a declaration under
paragraph 4, shall be entitled to submit statements of
case or written observations to the Court of Justice in
cases which arise under paragraph 3.

12.
The Council may adopt such supplementary measures as
it considers necessary to enable the Central Unit supervisory
authority to perform its duties.

7.
After the entry into force of the Treaty of Amsterdam
amending the Treaty on European Union, the Treaties estab-
lishing the European Communities, and certain related acts:

C 337 E/60

EN

Official Journal of the European Communities

28.11.2000

G paragraphs 1 to 5 and paragraph 6(b) of this Article shall

cease to apply; and

cation, provided that a Protocol extending the scope ratione
personae of this Convention for the purpose of further facili-
tating the application of the Dublin Convention, enters into
force on the same date.

G all the relevant provisions of the Treaty establishing the
European Community as amended by the Treaty of
Amsterdam, concerning the powers of
the Court of
including Article 68, shall apply mutatis mutandis
Justice,
in the
and for such purposes, references to 6this Treaty7
said provisions or in provisions to which they refer, and
references to 6this Title7 in the case of Article 68, shall be
taken as meaning references to 6this Convention7.

Article 18

Supervision of implementation

The Council shall supervise the implementation and application
of the provisions of this Convention to ensure that Eurodac
operates effectively. To this end, the Commission shall inform
this
the Council of measures taken under Article 9(4) of
Convention and of
the practical arrangements adopted for
the technical management of the Central Unit.

The Council, acting by a two-thirds majority of
the High
Contracting Parties, shall adopt the necessary implementing
rules.

Article 19

Reservations

This Convention shall not be subject to any reservations.

Article 20

Entry into force

This Convention shall be subject

to adoption by the
1.
Member States in accordance with their respective constitu-
tional requirements.

2. Member States shall notify the Secretary-General of the
Council of
the
procedures necessary under their constitutional requirements
for adopting this Convention.

the European Union of

the completion of

4. Without prejudice to paragraph 3, Eurodac shall not
begin its activities pursuant
the
implementing rules referred to in Articles 4(7) and 8(3) have
been adopted.

to this Convention until

Article 21

Territorial scope

regards

the United Kingdom,

As
this
Convention shall apply only to the United Kingdom of Great
Britain and Northern Ireland.

the provisions of

Article 22

Accession

This Convention shall be open to accession by any State

1.
that becomes a member of the European Union.

The text of

2.
this Convention in the language of
acceding Member State, drawn up by the Council of
European Union, shall be authentic.

the
the

Instruments of accession shall be deposited with the

3.
depository.

This Convention shall enter into force with respect to the
4.
acceding Member State on the first day of the third month after
the deposit of its instrument of accession or on the date of
entry into force of the Convention if it has not already entered
into force at
the aforesaid period,
provided that a protocol extending the scope ratione personae
of this Convention for the purpose of further facilitating the
application of the Dublin Convention, enters into force with
respect to the acceding Member State on the same date.

the time of expiry of

Article 23

Depositary

Article 4(7) and Article 8(3) of

3.
this Convention shall
enter into force on the day following the notification referred
to in paragraph 2 by the State which, being a member of the
European Union on the date of adoption by the Council of the
Act drawing up this Convention, is the last to complete that
formality. The other provisions of this Convention shall enter
into force on the first day of the third month after that notifi-

The Secretary-General of the Council of the European

1.
Union shall act as depository of this Convention.

2.
The depository shall publish in the Official Journal of the
European Communities information on the progress of adoptions
and accessions, together with declarations and any other notifi-
cation concerning this Convention.

28.11.2000

EN

Official Journal of the European Communities

C 337 E/61

En fe de lo cual, los plenipotenciarios abajo firmantes suscriben el presente Protocolo.

Til bekrHftelse heraf har undertegnede befuldmHgtigede underskrevet denne protokol.

Zu Urkund dessen haben die unterzeichneten BevollmJchtigten ihre Unterschriften unter dieses Zberein-
kommen gesetzt.

(cid:1)(cid:2) (cid:3)(cid:4)(cid:5)(cid:6)ø(cid:5)(cid:8) (cid:6)ø(cid:9) Æ(cid:9)ø(cid:6)(cid:11)æø, (cid:14)Ø ı(cid:3)(cid:14)ªæ(cid:18)(cid:19)(cid:14)(cid:9)(cid:6)(cid:2)(cid:20) (cid:3)º(cid:8)æ(cid:2)(cid:22)(cid:14)(cid:23)(cid:5)Ø(cid:14)Ø ı(cid:3)(cid:11)ªæÆłÆ(cid:9) (cid:6)(cid:14) (cid:3)Ææ(cid:25)(cid:9) —æø(cid:6)(cid:25)Œ(cid:14)ºº(cid:14).

In witness whereof, the undersigned Plenipotentiaries have hereunto set their hands.

En foi de quoi, les plØnipotentiaires soussignØs ont apposØ leurs signatures au bas du prØsent protocole.

In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente protocollo.

Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder dit protocol hebben
gesteld.

Em fØ do que, os plenipotenciÆrios abaixo-assinados apuseram as suas assinaturas no final do presente
Protocolo.

TJmJn vakuudeksi alla mainitut tJysivaltaiset edustajat ovat allekirjoittaneet tJmJn yleissopimuksen.

Till bevis hJrpN har undertecknade befullmJktigade undertecknat detta protokoll.

Hecho en . . . el . . . de . . ., en un ejemplar œnico en lenguas alemana, danesa, espaæola, finesa, francesa,
griega, inglesa, irlandesa, italiana, neerlandesa, portuguesa y sueca, cuyos textos son igualmente autØnticos
y que serÆ depositado en los archivos de la SecretarQa General del Consejo de la UniRn Europea.

UdfHrdiget i . . ., den . . . i Øt eksemplar pN dansk, engelsk, finsk, fransk, grHsk, irsk, italiensk, nederlandsk,
portugisisk, spansk, svensk og tysk, hvilke tekster alle har samme gyldighed, og deponeres i arkiverne i
Generalsekretariatet for RNdet for Den EuropHiske Union.

Geschehen zu . . . am . . . in einer Urschrift in dJnischer, deutscher, englischer, finnischer, franzMsischer,
griechischer, irischer, italienischer, niederlJndischer, portugiesischer, schwedischer und spanischer Sprache,
wobei jeder Wortlaut gleichermaSen verbindlich ist; die Urschrift wird im Archiv des Generalsekretariats
des Rates der EuropJischen Union hinterlegt.

‚ªØ(cid:9)(cid:2) (cid:5)(cid:6) . . . (cid:5)(cid:6)Ø(cid:20) . . . (cid:5)(cid:2) (cid:11)(cid:9)Æ (cid:30)(cid:25)(cid:9)(cid:14) Æ(cid:9)(cid:6)(cid:4)(cid:6)ı(cid:3)(cid:14) (cid:5)(cid:6)(cid:8) (cid:31)Æ(cid:9)ØŒ , (cid:14)ººÆ(cid:9)(cid:31)ØŒ , ÆªªºØŒ , (cid:19)Ø(cid:9)ºÆ(cid:9)(cid:31)ØŒ , ªÆººØŒ , ª(cid:2)æ(cid:30)Æ(cid:9)ØŒ ,
(cid:2)ºº(cid:8)(cid:9)ØŒ , ØæºÆ(cid:9)(cid:31)ØŒ , Ø(cid:6)ÆºØŒ , (cid:3)(cid:14)æ(cid:6)(cid:14)ªÆºØŒ , Ø(cid:5)(cid:3)Æ(cid:9)ØŒ  ŒÆØ (cid:5)(cid:14)ı(cid:8)(cid:31)ØŒ  ªº!(cid:5)(cid:5)Æ. …ºÆ (cid:6)Æ Œ(cid:2)(cid:4)(cid:30)(cid:2)(cid:9)Æ (cid:2)(cid:4)(cid:9)ÆØ (cid:2)(cid:22)(cid:4)(cid:5)(cid:14)ı ÆıŁ(cid:2)-
(cid:9)(cid:6)ØŒ(cid:18). %(cid:14) Æ(cid:9)(cid:6)(cid:4)(cid:6)ı(cid:3)(cid:14) ŒÆ(cid:6)(cid:2)(cid:6)(cid:11)Ł(cid:8) (cid:5)(cid:6)Æ Ææ&(cid:2)(cid:4)Æ (cid:6)(cid:8)(cid:20) ˆ(cid:2)(cid:9)ØŒ (cid:20) ˆæÆ(cid:30)(cid:30)Æ(cid:6)(cid:2)(cid:4)Æ(cid:20) (cid:6)(cid:14)ı (cid:1)ı(cid:30)((cid:14)ıº(cid:4)(cid:14)ı (cid:6)(cid:8)(cid:20) ¯ıæø(cid:3)ÆœŒ (cid:20) ‚(cid:9)ø(cid:5)(cid:8)(cid:20).

Done at . . . this . . . day of . . . in a single original, in the Danish, Dutch, English, Finnish, French, German,
Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, all texts being equally authentic, such
original being deposited in the archives of the General Secretariat of the Council of the European Union.

Fait T . . ., le . . . en un exemplaire unique, en langues allemande, anglaise, danoise, espagnole, finnoise,
franUaise, grecque, irlandaise, italienne, nØerlandaise, portugaise et suØdoise, chacun de ces textes faisant
Øgalement foi, exemplaire qui est dØposØ dans les archives du SecrØtariat gØnØral du Conseil de l’Union
europØenne.

Fatto a . . ., il . . ., in un unico esemplare in lingua danese, finlandese, francese, greca, inglese, irlandese,
italiana, olandese, portoghese, spagnola, tedesca e svedese, tutti i testi facenti ugualmente fede, esemplare
depositato negli archivi del Segretariato generale del Consiglio dell’Unione europea.

Gedaan te . . ., . . ., opgesteld in ØØn exemplaar in de Duitse, de Engelse, de Deense, de Spaanse, de Finse, de
Franse, de Griekse, de Ierse, de Italiaanse, de Nederlandse, de Portugese en de Zweedse taal, zijnde alle
teksten gelijkelijk authentiek, neergelegd in het archief van het secretariaat-generaal van de Raad van de
Europese Unie.

Feito em . . ., em . . ., em exemplar œnico redigido nas lQnguas espanhola, dinamarquesa, alemª, grega,
finlandesa e sueca, cujas versıes fazem
inglesa,
igualmente fØ, o qual fica depositado nos arquivos do Secretariado-Geral do Conselho da Uniªo Europeia.

italiana, neerlandesa, portuguesa,

irlandesa,

francesa,

Tehty . . . ssa/ssJ . . . pJivJnJ . . . kuuta vuonna . . . yhtenJ ainoana englannin-, espanjan-, hollannin-, iirin-,
italian-, kreikan-, portugalin-, ranskan-, ruotsin-, saksan-, suomen- ja tanskankielisenJ alkuperJiskappa-
leena, jonka kullakin kielellJ laadittu teksti on yhtJ todistusvoimainen ja joka talletetaan Euroopan unionin
neuvoston pJJsihteeristMn arkistoon.

UtfJrdat i . . . den . . . i ett enda original pN danska, engelska, finska, franska, grekiska, iriska, italienska,
nederlJndska, portugisiska, spanska, svenska och tyska sprNken, varvid alla texter Jr lika giltiga, och
deponerat i arkivet vid generalsekretariatet vid Europeiska unionens rNd.

C 337 E/62

EN

Official Journal of the European Communities

28.11.2000

Por el Gobierno del Reino de BØlgica

For regeringen for Kongeriget Belgien

FXr die Regierung des KMnigreichs Belgien

ˆØÆ (cid:6)(cid:8)(cid:9) Œı((cid:11)æ(cid:9)(cid:8)(cid:5)(cid:8) (cid:6)(cid:14)ı ´Æ(cid:5)Øº(cid:2)(cid:4)(cid:14)ı (cid:6)(cid:14)ı ´(cid:2)ºª(cid:4)(cid:14)ı

For the Government of the Kingdom of Belgium

Pour le gouvernement du royaume de Belgique

Per il Governo del Regno del Belgio

Voor de Regering van het Koninkrijk Belgiº

Pelo Governo do Reino da BØlgica

Belgian kuningaskunnan hallituksen puolesta

FMr Konungariket Belgiens regering