Amended proposal for a Council Regulation concerning the establishment of "Eurodac" for the comparison of the fingerprints of applicants for asylum and certain other third-country nationals to facilitate the implementation of the Dublin Convention
Date: 2000-03-15
Institutions: European Commission
Subjects: data transmission, database, foreign national, political asylum, residence permit

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II

(Preparatory Acts)

COMMISSION

Amended proposal for a Council Regulation concerning the establishment of (cid:145)Eurodac(cid:146) for the
comparison of the fingerprints of applicants for asylum and certain other third-country nationals
to facilitate the implementation of the Dublin Convention

(2001/C 531 E/01)

COM(2000) 100 final (cid:151) 1999/0116(CNS)

(Submitted by the Commission on 15 March 2000)

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:

(1) Member States have ratified the Geneva Convention of 28
July 1951 relating to the status of refugees, as amended by
the New York Protocol of 31 January 1967.

the

State

(2) 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 (1)
(cid:145)the
(hereinafter
Dublin Convention(cid:146)).

referred to as

responsible

for

crossing of

(3) 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
Community.
is also desirable in order effectively to
apply the Dublin Convention, and in particular points
(c) and (e) of Article 10(1)
to allow each
Member State to check whether a third-country national
found illegally present on its territory has applied for
asylum in another Member State.

external borders of

thereof,

the

It

(4) Fingerprints constitute an important element

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

(5) To this end, it is necessary to set up a system known as
(cid:145)Eurodac(cid:146), consisting of a Central Unit to be established
within
a
Commission, which will
fingerprint data, as
computerised central database of
well as of the electronic means of transmission between
the Member States and the central database.

operate

the

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

(6) It is also necessary to require the Member States promptly
to take fingerprints of every applicant for asylum and of
every third-country national who is apprehended in
connection with the irregular crossing of an external
border of
least 14
years of age.

the Member States,

they are at

if

(7) 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
with other
the
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 third-country nationals.

the transmission of

fingerprint data,

therefore,

(8) Third-country nationals who have requested asylum in
one Member State may have the option of requesting
asylum in another Member State for many years to
come:
the maximum period during which
fingerprint data should be kept by the Central Unit
should be of considerable length. Given that most third-
country nationals 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.

(9) The conservation period should be shorter in certain
special
situations where there is no need to keep
fingerprint data for that length of time: fingerprint data
third-country
immediately
should
nationals obtain Union citizenship or are admitted as
refugees.

erased

once

be

(10)

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.

(11) 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
specific
rules
lay
down
necessary
non-contractual
in
the Member
liability of
connection with the operation of the system.

for
States

to

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(12)

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
the
fingerprint data to assist
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
to achieve those objectives and does not go
order
beyond what is necessary for that purpose.

the implementation of

(13) 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 (1) applies to the
processing of personal data by the Member States
within the framework of the Eurodac system.

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

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

the rights and freedoms of
right

in particular as

(16) Since the measures necessary for the implementation of
Article 4(7) of this Regulation are measures of general
scope within the meaning of Article 2 of Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (2), they should be adopted
by use of the regulatory procedure provided for in Article
5 of that Decision.

(17)

In accordance with Article 2 of Decision 1999/468/EC,
measures for the implementation of Article 3(4) of this
Regulation should be adopted by use of
the advisory
procedure provided for in Article 3 of that Decision.

(18)

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

(21) Denmark,

in accordance with Articles 1 and 2 of the
Protocol on the position of Denmark annexed to the
Treaty on European Union and the Treaty establishing
the European Community,
is not participating in the
adoption of this Regulation and is therefore not bound
by it nor subject to its application.

(22) 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

(23) 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
those conditions are
be charged with verifying that
fulfilled,

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Purpose of (cid:145)Eurodac(cid:146)

A system known as (cid:145)Eurodac(cid:146) is hereby established, the
1.
in determining which
purpose of which shall be to assist
Member State is to be responsible pursuant
to the Dublin
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,

(b) a computerised central database in which the data referred
to in Article 5(1), Article 8(2) and Article 11(2) are
processed for the purpose of comparing the fingerprint
data of applicants for asylum and of the categories of third-
country nationals referred to in Article 8(1) and Article
11(1),

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

for infringements of this Regulation.

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

the central database.

(20) This Regulation applies to the United Kingdom and to
Ireland by virtue of the notifications which they have
communicated in accordance with Article 3 of
the
Protocol on the position of
the United Kingdom and
Ireland annexed to the Treaty on European Union and
the Treaty establishing the European Community.

(1) OJ L 281, 23.11.1995, p. 31.
(2) OJ L 184, 17.7.1999, p. 23.

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, fingerprint data and other personal data
may be processed in Eurodac only for the purposes set out in
Article 15(1) of the Dublin Convention.

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Article 2

Definitions

The Central Unit shall draw up statistics on its work

3.
every quarter, indicating:

1.

For the purposes of this Regulation:

(a) the number of data sets transmitted on asylum applicants
and the persons referred to in Articles 8(1) and 11(1);

(a) (cid:145)the Dublin Convention(cid:146) means 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;

the Member States of

(b) an (cid:145)applicant for asylum(cid:146) means a third-country national
who has made an application for asylum or on whose
behalf such an application has been made;

(c) (cid:145)Member State of origin(cid:146) means:

for asylum or a person
(i) in relation to an applicant
the Member State which
covered by Article 11,
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
such data to the

Member State which transmits
Central Unit;

(d) (cid:145)third-country national(cid:146) means any person who is not a
Union citizen within the meaning of Article 17(1) of the
Treaty, regardless of whether that person is a citizen of a
third country or a stateless person;

(e) (cid:145)refugee(cid:146) means a person who has been recognised as a
refugee in accordance with the Geneva Convention of 28
July 1951 relating to the status of refugees, as amended by
the New York Protocol of 31 January 1967;

(f)

(cid:145)hit(cid:146) means the existence of a match or matches established
by the Central Unit by comparison between fingerprint data
recorded in the computerised central database and those
transmitted by the Member State with regard to any one
person, subject to the requirement that the Member States
shall immediately check the results of the comparison.

The terms defined in Article 2 of Directive 95/46/EC

2.
shall have the same meaning in this Regulation.

3.
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

the
1.
Commission which shall be responsible for operating the
central database referred to in Article 1(2)(b) on behalf of the
Member States. The Central Unit shall be equipped with a
computerised fingerprint recognition system.

established within

(b) the number of hits for asylum applicants who have lodged

an asylum application in another Member State;

(c) the number of hits for persons referred to in Article 8(1)
who have subsequently lodged an asylum application;

(d) the number of hits for persons referred to Article 11(1)
who had previously lodged an asylum application in
another Member State;

(e) the number of fingerprint data which the Central Unit had
to request a second time from the Member States of origin
because the fingerprint data originally transmitted did not
lend themselves to comparison using the computerised
fingerprint recognition system.

At the end of each year statistical data shall be prepared in the
form of a compilation of the quarterly statistics drawn up since
the beginning of Eurodac’s activities, including an indication of
the number of persons for whom hits have been recorded
under (b), (c) and (d) of the first subparagraph.

The statistics shall contain a breakdown of data for each
Member State.

4.
Pursuant to the procedure referred to in Article 21(4), the
Central Unit may be charged with carrying out certain other
statistical tasks on the basis of the data processed at the Unit.

CHAPTER II

APPLICANTS FOR ASYLUM

Article 4

Collection, transmission and comparison of fingerprints

1.
Each Member State shall promptly take the fingerprints of
all fingers 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 Article 5(1) to the Central Unit.

The procedure for taking fingerprints shall be determined in
accordance with the national practice of the Member State
concerned and in accordance with the safeguards laid down
in the European Convention for the Protection of Human
Rights and Fundamental Freedoms and in the United Nations
Convention on the Rights of the Child.

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.

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

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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.

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

(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.

Article 6

Data storage

The Central Unit shall forthwith transmit the hit or the
5.
the comparison to the Member State of
negative result of
origin. Where there is a hit it shall transmit, for all data sets
corresponding to the hit, the data referred to in Article 5(1),
although in the case of the data referred to in Article 5(1)(b),
only in so far as they were the basis for the hit.

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.

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.

Article 7

Advance data erasure

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.

central database

Data relating to an applicant for asylum shall be erased from
the
in accordance with Article 14(3)
immediately, if the Member State of origin becomes aware of
either of the following circumstances before the ten-year period
mentioned in Article 6 has expired:

Information received from the Central Unit relating to data
found to be unreliable shall be erased or destroyed by the
Member State of origin as soon as the mismatch or unrelia-
bility of the data is established.

(a) that the applicant for asylum has acquired citizenship of

the Union;

(b) that

the applicant

for asylum has been recognised and

admitted as a refugee in a Member State.

The implementing rules

7.
the procedures
necessary for the application of paragraphs 1 to 6 shall be
adopted in accordance with the procedure referred to in
Article 21(2).

setting out

CHAPTER III

Article 5

Recording of data

THIRD-COUNTRY
IN
CONNECTION WITH THE IRREGULAR CROSSING OF AN
EXTERNAL BORDER

APPREHENDED

NATIONALS

Article 8

Only the following data shall be recorded in the central

1.
database:

Collection and transmission of fingerprint data

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

for asylum;

(b) fingerprint data;

(c) sex;

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

(e) date on which the fingerprints were taken;

the Protection of Human Rights

Each Member State shall promptly take,

1.
in accordance
with the safeguards laid down in the European Convention
for
and Fundamental
Freedoms and in the United Nations Convention on the
Rights of the Child, the fingerprints of all fingers of every
third-country national of at least 14 years of age who is appre-
hended 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.

2.
The Member State concerned shall promptly transmit to
the Central Unit the following data in relation to any third-
country national as referred to in paragraph 1:

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

Unit;

(a) Member State of origin;

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

(b) fingerprint data;

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(c) sex;

CHAPTER IV

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

THIRD-COUNTRY NATIONALS FOUND ILLEGALLY PRESENT
IN A MEMBER STATE

(e) date on which the fingerprints were taken;

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

Unit.

Article 9

Recording of data

1.
The data referred to in Article 8(2) shall be recorded in
the central database together with the date on which the data
were entered.

Without prejudice to Article 3(3), data transmitted 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 transmitted to it
pursuant to Article 8(2) with any data previously recorded in
the central database, nor with data subsequently transmitted to
the Central Unit pursuant to Article 8(2).

in Article 4(1)

The procedures provided for

2.
second
subparagraph, Article 4(2) and Article 5(2) as well as the
provisions laid down pursuant to Article 4(7) are applicable.
As regards the comparison of data on applicants for asylum
subsequently transmitted to the Central Unit with the data
referred to in paragraph 1, the procedures provided for in
Article 4(3), (5) and (6) shall apply.

Article 10

Storage of data

Each set of data relating to a third-country national as
1.
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
third-country national were taken. Upon expiry of this period,
the Central Unit shall automatically erase the data from the
central database.

2.
The data relating to a third-country national as referred
to in Article 8(1) shall be erased from the central database in
accordance with Article 14(3) immediately, if the Member State
of origin becomes aware of one of the following circumstances
before the two-year period mentioned in paragraph 1 has
expired:

(a) that

the third-country national has been issued with a
residence permit,
issued
pursuant to recognition as a refugee or the granting of a
subsidiary or complementary form of protection;

including a residence permit

(b) that the third-country national has left the territory of the

Member States;

Article 11

Comparison of fingerprint data

1. With a view to checking whether a third-country national
found illegally present within its territory has previously lodged
an application for asylum in another Member State, each
Member State may transmit to the Central Unit any fingerprint
data relating to fingerprints which it may have taken of any
such third-country national 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
third-country national has previously lodged an application for
asylum in another Member State where:

(a) the third-country national declares that he/she has lodged
indicating the

an application for asylum but without
Member State in which he/she made the application;

(b) the third-country national 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 third-country national 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.

2. Where Member States take part in the procedure referred
to in paragraph 1, they shall transmit to the Central Unit the
fingerprint data relating to all or at least the index fingers, and
if those are missing, the prints of all other fingers, of third-
country nationals referred to in paragraph 1.

3.
The fingerprint data of a third-country national as
referred to in paragraph 1 shall be transmitted to the Central
Unit solely for the purpose of comparison with the fingerprint
data of applicants for asylum transmitted by other Member
States and already recorded in the central database.

The fingerprint data of such a third-country national shall not
be recorded in the central database, nor shall they be compared
with the data transmitted to the Central Unit pursuant
to
Article 8(2).

4.
As regards the comparison of fingerprint data transmitted
under this Article with the fingerprint data of applicants for
asylum transmitted by other Member States which have already
been stored in the Central Unit, the procedures provided for
Article 4(3), (5) and (6) as well as the provisions laid down
pursuant to Article 4(7) shall apply.

(c) that the third-country national has acquired citizenship of

the Union.

5.
Once the results of the comparison have been transmitted
to the Member State of origin, the Central Unit shall forthwith:

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(a) erase the fingerprint data and other data transmitted to it

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

under paragraph 1; and

Central Unit in accordance with Article 13;

(b) destroy the media used by the Member State of origin for
the
transmitting the data to the Central Unit, unless
Member State of origin has requested their return.

CHAPTER V

DATA USE, DATA PROTECTION, SECURITY AND LIABILITY

Article 12

Responsibility for data use

The Member State of origin shall be responsible for

1.
ensuring that:

(a) fingerprints are taken lawfully;

(b) fingerprint data 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.

(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 19 and the powers
of the independent supervisory body which will be estab-
lished under Article 286(2) of the Treaty.

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

takes pursuant

the measures

it

Article 13

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.
In accordance with Article 13, 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;

The Member State of origin shall be responsible for the

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

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

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

(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);

(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;

(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

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Article 14

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
Regulation.

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).

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.

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

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.

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.

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.

5.
The Central Unit shall not transfer or make available to
the authorities of any third country data recorded in the central
database, unless it is specifically authorised to do so in the
framework of a Community agreement on the criteria and
for
the
mechanisms
examining an application for asylum.

determining

responsible

State

for

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.

2.
Such records may be used only for the data-protection
monitoring of the admissibility of data processing as well as to
ensure data security pursuant to Article 13. 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.

Article 16

Liability

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

If failure of a Member State to comply with its obligations
2.
under this Regulation causes damage to the central database,
that Member State shall be held liable for such damage, unless
and in so far as the Commission has 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 17

Rights of the data subject

A person covered by this Regulation shall be informed by

1.
the Member State of origin of the following:

(a) the identity of the controller and of his representative, if

any;

(b) the purpose for which the data will be processed within

Eurodac;

(c) the recipients of the data;

Article 15

Keeping of records by the Central Unit

(d) in relation to a person covered by Article 4 or Article 8,

the obligation to have his/her fingerprints taken;

1.
The Central Unit shall keep records of all data-processing
operations within the Central Unit. These records shall show

(e) the existence of the right of access to and the right to

rectify data concerning him/her.

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In relation to a person covered by Article 4 or Article 8, the
information referred to in the first subparagraph shall be
provided when his/her fingerprints are taken.

In relation to a person covered by Article 11, the information
referred to in the first subparagraph shall be provided no later
than the time when the data relating to the person are trans-
mitted to the Central Unit. This obligation shall not apply
when the provision of such information proves impossible or
would involve a disproportionate effort.

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

to the obligation to provide other
Without prejudice
(a) of Article 12 of
information in accordance with point
Directive 95/46/EC, the person shall have the right to 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.

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 without excessive delay by the Member
State which transmitted the data, in accordance with its laws,
regulations and procedures.

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

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 14(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.

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 permit the
exercise of the rights referred to in paragraphs 2 and 3 and
shall be destroyed immediately afterwards.

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

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.

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 19.

to correct or

11.
In each Member State any person may, in accordance
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.

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Article 18

National supervisory authority

1.
Each Member State shall provide that the national super-
visory authority or authorities designated pursuant to Article
in
28(1) of Directive 95/46/EC shall monitor independently,
accordance with its national
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.

the lawfulness of

law,

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 19

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.

2.
The joint supervisory authority shall have the task of
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.
the examination of implementation problems in connection
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

6.
The Commission shall
supervisory
it
authority in the performance of
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

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.

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 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 VI

FINAL PROVISIONS

Article 20

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.

2.
The costs incurred by national units and the costs for
their connection to the central database shall be borne by
each Member State.

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.

Article 21

Committee

The Commission shall be assisted by a committee
the Member States and

1.
composed of
representatives of
chaired by the representative of the Commission.

7.
The joint supervisory authority shall unanimously adopt
its rules of procedure. It shall be assisted by a secretariat, the
tasks of which shall be defined in the rules of procedure.

2. Where reference is made to this paragraph, the regulatory
procedure laid down in Article 5 of Decision 1999/468/EC
shall apply, in compliance with Article 7(3) thereof.

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The period provided for in Article 5(6) of Decision

3.
1999/468/EC shall be three months.

4. Where reference is made to this paragraph, the advisory
procedure laid down in Article 3 of Decision 1999/468/EC
shall apply, in compliance with Article 7(3) thereof

Article 22

Annual report: Monitoring and evaluation

The Commission shall submit to the European Parliament
1.
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.

Article 23

Penalties

Member States shall lay down the rules on penalties applicable
to the use of data recorded in the central database contrary to
the purpose of Eurodac as laid down in Article 1 and shall take
all measures necessary to ensure that they are implemented.
The penalties provided for must be effective, 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 24

Territorial scope

The provisions of this Regulation shall not be applicable to any
territory to which the Dublin Convention does not apply.

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.

Article 25

Entry into force and applicability

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.

4.
One year after Eurodac starts operations, the Commission
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.
years thereafter,
the Commission shall produce an overall
evaluation of Eurodac, examining results achieved against
objectives
the
underlying rationale and any implications for future operations.

continuing validity of

and assessing the

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 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 the Member States
in accordance with the
Treaty establishing the European Community.