Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention
Date: 2000-12-15
Institutions: Council of the European Union
Subjects: EU Member State, database management system, foreign national, identity document, residence permit, right of asylum

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2725/2000

of 11 December 2000

concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective
application of the Dublin Convention

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

Member States have ratified the Geneva Convention of
28 July 1951, as amended by the New York Protocol of
31 January 1967, relating to the Status of Refugees.

Member States have concluded the Convention deter-
mining the State responsible for 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 ‘the Dublin Conven-
tion’) (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 crossing of the external borders of the
Community. It is also desirable, in order effectively to
apply the Dublin Convention, and in particular points (c)
and (e) of Article 10(1) thereof, to allow each Member
State to check whether an alien found illegally present
on its territory has applied for asylum in another
Member State.

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 finger-
print data.

(1)

(2)

(3)

(4)

(5)

To this end, it is necessary to set up a system known as
‘Eurodac’, consisting of a Central Unit, to be established
within the Commission and which will operate a

(9)

(1) OJ C 189, 7.7.2000, p. 105 and p. 227 and opinion delivered on
21 September 2000 (not yet published in the Official Journal).

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

(6)

(7)

(8)

computerised central database of fingerprint data, as well
as of the electronic means of transmission between the
Member States and the central database.

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

It is necessary to lay down precise rules on the transmis-
sion 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 compar-
ison with other fingerprint data, the transmission of 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 aliens.

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. Therefore, the
maximum period during which fingerprint data should
be kept by the Central Unit should be of considerable
length. Given that most aliens who have stayed in the
Community for several years will have obtained a settled
status or even citizenship of a Member State after that
period, a period of ten years should be considered a
fingerprint
reasonable period for the conservation of
data.

The conservation period should be shorter in certain
special situations where there is no need to keep finger-
print data for that
time. Fingerprint data
should be erased immediately once aliens obtain citizen-
ship of a Member State.

length of

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(10)

It is necessary to lay down clearly the respective respon-
sibilities of the Commission, in respect of the Central
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 necessary to lay down specific rules for the
non-contractual
in
liability of
connection with the operation of the system.

the Member States

(12)

(13)

In accordance with the principle of subsidiarity 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 finger-
print data to assist the implementation of the Communi-
ty's asylum policy, cannot, by its very nature, be suffi-
ciently achieved by the Member States and can therefore
be better achieved by the Community. In accordance
with the principle of proportionality as set out in the
said Article, this Regulation does not go beyond what is
necessary to achieve that objective.

Since the Member States alone are responsible for identi-
fying and classifying the results of comparisons trans-
mitted by the Central Unit as well as for the blocking of
data relating to persons admitted and recognised as refu-
gees and since this responsibility concerns the particu-
larly sensitive area of the processing of personal data
and could affect the exercise of individual freedoms,
there are specific grounds for the Council reserving for
the exercise of certain implementing powers,
itself
to the adoption of measures
relating in particular
ensuring the safety and reliability of such data.

(14)

The measures necessary for the implementation of other
measures of
this Regulation should be adopted in
accordance with Council Decision 1999/468/EC of 28
June 1999 laying down the procedures for the exercise
of
implementing powers conferred on the Commis-
sion (1).

(15) Directive 95/46/EC of the European Parliament and of
the Council of 24 October 1995 on the protection of
individuals 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.

(17)

(18)

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

right

is

It
appropriate
performance of Eurodac.

to monitor

and evaluate

the

(19) Member States should provide for a system of penalties
to sanction the use of data recorded in the central
database contrary to the purpose of Eurodac.

(20)

The United Kingdom and Ireland,
in accordance with
Article 3 of the Protocol on the position of the United
Kingdom and Ireland annexed to the Treaty on Euro-
pean Union and the Treaty establishing the European
Community, have given notice of their wish to take part
in the adoption and application of this Regulation.

(21) Denmark, in accordance with Articles 1 and 2 of the
Protocol on the position of Denmark annexed to the
said Treaties, is not participating in the adoption of this
Regulation and is therefore not bound by it nor subject
to its application.

(22)

(23)

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

This Regulation should serve as legal basis for the imple-
menting rules which, with a view to its rapid applica-
tion, are required for the establishment of the necessary
technical arrangements by the Member States and the
Commission. The Commission should be charged with
verifying that those conditions are fulfilled,

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Purpose of ‘Eurodac’

(16)

By virtue of Article 286 of the Treaty, Directive 95/
46/EC also applies
to Community institutions and
bodies. Since the Central Unit will be established within
the Commission,
that Directive will apply to the
processing of personal data by that Unit.

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

1.
A system known as ‘Eurodac’ is hereby established, the
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.

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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 aliens
referred to in Article 8(1) and Article 11(1);

(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, 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.

Article 2

Definitions

diately check the results of the comparison pursuant to
Article 4(6).

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

2.
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

1.
A Central Unit shall be established within the Commis-
sion which shall be responsible for operating the central data-
base 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.

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 under the conditions set out in this Regulation.

The Central Unit shall draw up statistics on its work

3.
every quarter,

indicating:

1.

For the purposes of this Regulation:

(a) ‘the Dublin Convention’ means the Convention determining
the State responsible for examining applications for asylum
the European
lodged in one of
Communities, signed at Dublin on 15 June 1990;

the Member States of

(b) an ‘applicant for asylum’ means an alien who has made an
application for asylum or on whose behalf such an applica-
tion has been made;

(c) ‘Member State of origin’ means:

(i) in relation to an applicant for asylum, 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 transmits the personal data to the
Central Unit;

(iii) in relation to a person covered by Article 11, the
Member State which transmits such data to the Central
Unit and receives the results of the comparison;

(d) ‘refugee’ 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;

(e) ‘hit’ shall mean the existence of a match or matches estab-
lished by the Central Unit by comparison between finger-
print data recorded in the databank and those transmitted
by a Member State with regard to a person, without preju-
dice to the requirement that Member States shall imme-

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

(b) the number of hits for applicants for asylum who have
lodged an application for asylum in another Member State;

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

(d) the number of hits for persons referred to in Article 11(1)
who had previously lodged an application for asylum 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 established in
the form of a compilation of the quarterly statistics drawn up
since the beginning of Eurodac's activities, including an indica-
the number of persons for whom hits have been
tion of
recorded under (b), (c) and (d).

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

4.
Pursuant to the procedure laid down in Article 23(2), the
Central Unit may be charged with carrying out certain other
statistical tasks on the basis of the data processed at the Central
Unit.

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CHAPTER II

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

APPLICANTS FOR ASYLUM

Article 4

for asylum;

(b) fingerprint data;

(c) sex;

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 accord-
ance with the safeguards laid down in the European Conven-
tion on Human Rights and in the United Nations Convention
on the Rights of the Child.

(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 data-

base;

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

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

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.

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.

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.

5.
The Central Unit shall forthwith transmit the hit or the
negative result of the comparison to the Member State 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 insofar as they were the basis for the hit.

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

The results of

6.
the comparison shall be immediately
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 other
data found to be unreliable shall be erased or destroyed as soon
as the unreliability of the data is established.

The implementing rules setting out the procedures neces-
7.
sary for the application of paragraphs 1 to 6 shall be adopted
in accordance with the procedure laid down in Article 22(1).

Article 5

Recording of data

Only the following data shall be recorded in the central

1.
database:

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.

Article 7

Advance data erasure

Data relating to a person who has acquired citizenship of any
Member State 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 such citizenship.

CHAPTER III

ALIENS APPREHENDED IN CONNECTION WITH THE IRREG-
ULAR CROSSING OF AN EXTERNAL BORDER

Article 8

Collection and transmission of fingerprint data

Each Member State shall,

1.
in accordance with the safe-
guards laid down in the European Convention on Human
Rights and in the United Nations Convention on the Rights of
the Child, promptly take the fingerprints of all fingers 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.

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The Member State concerned shall promptly transmit to
2.
the Central Unit the following data in relation to any alien, as
referred to in paragraph 1, who is not turned back:

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

CHAPTER IV

ALIENS FOUND ILLEGALLY PRESENT IN A MEMBER STATE

sion;

(b) fingerprint data;

(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.

Article 9

Recording of data

The data referred to in Article 5(1)(g) and in Article 8(2)

1.
shall be recorded in the central database.

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).

2.
The procedures provided for in Article 4(1), second
sentence, Article 4(2) and Article 5(2) as well as the provisions
laid down pursuant to Article 4(7) shall apply. 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

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 were
taken. Upon expiry of this period, the Central Unit shall auto-
matically erase the data from the central database.

The data relating to an alien as referred to in Article 8(1)
2.
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

Article 11

Comparison of fingerprint data

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
transmit to the Central Unit any fingerprint data relating to
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;

(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.

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 aliens
referred to in paragraph 1.

3.
The fingerprint data of an alien as referred to in para-
graph 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 an alien 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 in
Article 4(3), (5) and (6) as well as the provisions laid down
pursuant to Article 4(7) shall apply.

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

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

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

under paragraph 1; and

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

(c) the alien has acquired the citizenship of any Member State.

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

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CHAPTER V

(a) fingerprints are taken lawfully;

RECOGNISED REFUGEES

Article 12

Blocking of data

1.
Data relating to an applicant for asylum which have been
recorded pursuant to Article 4(2) shall be blocked in the central
database if that person is recognised and admitted as a refugee
in a Member State. Such blocking shall be carried out by the
Central Unit on the instructions of the Member State of origin.

As long as a decision pursuant to paragraph 2 has not been
adopted, hits concerning persons who have been recognised
and admitted as refugees in a Member State shall not be
transmitted. The Central Unit shall return a negative result to
the requesting Member State.

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 relevant provisions 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.

3.
In the case referred to in paragraph 2(a), the data blocked
pursuant to paragraph 1 shall be unblocked and the procedure
referred to in paragraph 1 shall no longer apply.

4.

In the case referred to in paragraph 2(b):

(a) data which have been blocked in accordance with para-
graph 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.

5.
The implementing rules concerning the procedure for the
blocking of data referred to in paragraph 1 and the compila-
tion of statistics referred to in paragraph 2 shall be adopted in
accordance with the procedure laid down in Article 22(1).

CHAPTER VI

DATA USE, DATA PROTECTION AND LIABILITY

(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 Commis-
sion, data in the central database are lawfully recorded,
stored, corrected and erased;

(e) the results of fingerprint data 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 the data referred to in paragraph 1
before and during transmission to the Central Unit as well as
the security of the data it receives from the Central Unit.

3.
final

The Member State of origin shall be responsible for the
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:

(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;

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

Central Unit in accordance with Article 14;

(d) ensure that only persons authorised to work in the Central
Unit 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 established
under Article 286(2) of the Treaty.

The Commission shall inform the European Parliament and the
Council of the measures it takes pursuant to the first subpara-
graph.

Article 14

Security

Article 13

Responsibility for data use

The Member State of origin shall be responsible for

1.
ensuring that:

The Member State of origin shall take the necessary meas-

1.
ures to:

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

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(b) prevent data and data media in Eurodac from being read,
copied, modified or erased by unauthorised persons
(control of data media);

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

(c) guarantee that it is possible to check and establish a poster-
iori what data have been recorded in Eurodac, when and by
whom (control of data recording);

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

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

(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);

(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 (control of transport).

As

regards

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

the Central Unit,

the operation of

Article 15

Access to, and correction or erasure of, data recorded in
Eurodac

1.
The Member State of origin shall have access to data
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).

If a Member State or the Central Unit has evidence to
4.
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
mechanisms for determining the State responsible for exam-
ining an application for asylum.

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.

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.

Article 17

Liability

The authorities of Member States which, pursuant to
2.
paragraph 1, have access to data recorded in the central data-
base 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,
without prejudice to erasure carried out in pursuance of Article
6, Article 10(1) or Article 12(4)(a).

Where the Member State of origin records data directly in the
central database,

it may amend or erase the data directly.

Any person who, or Member State which, has suffered
1.
damage as a result of an unlawful processing operation or any
act incompatible with the provisions laid down in this Regula-
tion 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 obliga-
2.
tions under this Regulation causes damage to the central data-
base, 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.

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

ness of their transmission and recording in the central data-
base.

Article 18

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;

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

obligation to have his/her fingerprints taken;

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

rectify, the data concerning him/her.

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
where the provision of such information proves impossible or
would involve a disproportionate effort.

2.
In each Member State any data subject may, in accord-
ance with the laws, regulations and procedures of that State,
exercise the rights provided for in Article 12 of Directive
95/46/EC.

Without prejudice to the obligation to provide other informa-
tion in accordance with point (a) of Article 12 of Directive
95/46/EC,
to obtain
the data subject shall have the right
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, regula-
tions and procedures.

5.
If it emerges that data recorded in the central database are
the
factually inaccurate or have been recorded unlawfully,
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 on 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.

The competent authorities of the Member States shall
8.
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.

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
exercising his/her right to correct or erase data. Both 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 authority of
the Member State which transmitted the data. The data subject
may also apply for assistance and advice to the joint super-
visory authority set up by Article 20.

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 the Member State, or States, in question so that
the latter may check the accuracy of the data and the lawful-

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.

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Any person may, in accordance with the laws, regula-
12.
tions 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 obliga-
tion of the national supervisory authorities to assist and, where
requested, advise the data subject,
in accordance with para-
graph 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 this Regulation, of personal
data by the Member State in question, including their transmis-
sion to the Central Unit.

2.
Each Member State shall ensure that its national super-
visory authority has access to advice from persons with suffi-
cient 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.

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.
it shall
monitor the lawfulness of the transmission of personal data to
the Member States by the Central Unit.

In addition,

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

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.

The Commission shall

6.
supervisory
authority in the performance of its tasks. In particular, it shall
supply information requested by the joint supervisory body,
give it access to all documents and paper files as well as access

assist

joint

the

to the data stored in the system and allow it access to all its
premises, at all times.

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.

8.
Reports drawn up by the joint supervisory authority shall
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 improve-
ment regarding its remit
the
Council and the Commission at any time.

to the European Parliament,

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

10.
The joint supervisory authority shall be consulted on
that part of the draft operating budget of the Eurodac 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 VII

FINAL PROVISIONS

Article 21

Costs

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

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 22

Implementing rules

1.
The Council shall adopt, acting by the majority laid down
in Article 205(2) of the Treaty, the implementing provisions
necessary for

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— laying down the procedure referred to in Article 4(7),
— laying down the procedure for the blocking of the data

referred to in Article 12(1),

— drawing up the statistics referred to in Article 12(2).

In cases where these implementing provisions have implica-
tions for the operational expenses to be borne by the Member
States, the Council shall act unanimously.

2.
The measures referred to in Article 3(4) shall be adopted
in accordance with the procedure referred to in Article 23(2).

Article 23

Committee

1.

The Commission shall be assisted by a committee.

In the cases where reference is made to this paragraph,

2.
Articles 5 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The committee shall adopt its rules of procedure.

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 and assessing the continuing validity of the under-
lying rationale and any implications for future operations.

Article 25

Penalties

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 26

Territorial scope

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

Article 24

Article 27

Annual report: Monitoring and evaluation

Entry into force and applicability

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

The Commission shall ensure that systems are in place to
2.
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.

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

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

2.
This Regulation shall apply, and Eurodac shall start
operations, from the date which the Commission shall publish
in the Official Journal of the European Communities, when the
following conditions are met:

(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
rules adopted under Article 4(7) and to comply with the
implementing rules adopted under Article 12(5); and

(b) the Commission has made the necessary technical arrange-
ments for the Central Unit to begin operations in accord-
ance with the implementing rules adopted under Article
4(7) and Article 12(5).

This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaty establishing the European Community.

Done at Brussels, 11 December 2000.

For the Council

The President

H. VÉDRINE