Proposal for a Regulation of the European Parliament and of the Council concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EC) No […/…] [establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person] (Recast version) {SEC(2008) 2981} {SEC(2008) 2982}
Date: 2008-12-03
Institutions: European Commission
Subjects: EU Member State, admission of aliens, agreement (EU), biometrics, database management system, foreign national, right of asylum, third country

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.12.2008 
COM(2008) 825 final 

2008/0242 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning the establishment of 'Eurodac' for the comparison of fingerprints for the 
effective application of Regulation (EC) No […/…] [establishing the criteria and 
mechanisms for determining the Member State responsible for examining an application 
for international protection lodged in one of the Member States by a third-country 
national or a stateless person] 

(Recast version) 

{SEC(2008) 2981} 
{SEC(2008) 2982} 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

Council  Regulation  (EC)  No  2725/2000/EC  of  11  December  2000  for  the  establishment  of 
‘EURODAC’ (hereinafter: EURODAC Regulation)1 came into force on 15 December 2000. 
EURODAC, a Community-wide information technology system, was created to facilitate the 
application  of  the  Dublin  Convention,2  which  aimed  at  establishing  a  clear  and  workable 
mechanism  for  determining  responsibility  for  asylum  applications  lodged  in  one  of  the 
Member  States  of  the  EU.  The  Convention  was  replaced  by  a  Community  law  instrument, 
Council  Regulation  (EC)  No  343/2003  of  18  February  2003  establishing  the  criteria  and 
mechanisms  for  determining  the  Member  State  responsible  for  examining  an  asylum 
application  lodged  in  one  of  the  Member  States  by  a  third-country  national  (ie.  the  Dublin 
Regulation).3 EURODAC started operations on 15 January 2003.  
The  Commission  published  its  report  on  the  evaluation  of  the  Dublin  system4  (hereinafter: 
Evaluation  Report)  in  June  2007,  covering  the  first  3  years  of  the  operation  of  EURODAC 
(2003-2005). Whilst acknowledging that the Regulation is applied in a generally satisfactory 
way, it identified certain issues related to the efficiency of the current legislative provisions 
and announced the issues which have to be tackled in order to improve EURODAC's support 
to facilitate the application of the Dublin Regulation.  
As  announced  in  the  Policy  Plan  on  Asylum5,  this  proposal  is  part  of  a  first  package  of 
proposals  which  aim  to  ensure  a  higher  degree  of  harmonisation  and  better  standards  of 
protection for the Common European Asylum System (CEAS). It is adopted at the same time 
of the recast of the Dublin Regulation6 and the Reception Conditions Directive7. In 2009, the 
Commission will propose to amend the Qualification Directive8 and the Asylum Procedures 
Directive.9  In  addition,  in  the  first  quarter  of  2009  the  Commission  will  propose  the 
establishment  of  a  European  Asylum  Support  Office,  which  will  aim  to  provide  practical 
assistance  to  Member  States  in  taking  decisions  on  asylum  claims.  The  Support  Office  will 
also  provide  assistance  to  Member  States  who  are  faced  with  particular  pressures  on  their 

1 
2 
3 
4 

5 

6 

7 

8 

9 

OJ L 316, 15.12.2000, p. 1. 
OJ C 254, 19.8.1997, p.1. 
OJ L 050, 25.02.2003, p. 1. 
Report  from  the  Commission  to  the  European  Parliament  and  the  Council  on  the  evaluation  of  the 
Dublin system, COM (2007) 299 final {SEC(2007) 742}. 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  Regions  on  the  'Policy  Plan  on  Asylum  an 
Integrated Approach to Protection Across the EU' of 17 June 2008, COM (2008) 360. 
Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and 
mechanisms  for  determining  the  Member  State  responsible  for  examining  an  application  for 
international  protection  lodged  in  one  of  the  Member  States  by  a  third-country  national  or  a  stateless 
person COM (2008) 820. 
Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  laying  down  minimum 
standards for the reception of asylum seekers, COM(2008) 815. 
Council Directive 2004/83/EC on minimum standards for the qualification and status of third-country 
nationals and stateless persons as refugees or as persons who otherwise need international protection, 
OJ L 304, 30.9.2004, p.12 
Council Directive 2005/85/EC on minimum standards on procedures in Member States for granting and 
withdrawing refugee status, OJ L 326, 13.12.2005, p.13  

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national  asylum  system,  notably  because  of  their  geographical  position,  to  comply  with 
requirement of Community legislation, by providing specific expertise and practical support. 

The Evaluation Report observed the continuing late transmission of fingerprints by a number 
of Member States. The EURODAC Regulation currently only provides a very vague deadline 
for the transmission of fingerprints, which can cause significant delays in practice. This is a 
crucial  issue  since  a  delay  in  transmission  may  lead  to  results  contrary  to  the  responsibility 
principles laid down in the Dublin Regulation. 

The  Evaluation  Report  underlined  that  lack  of  an  efficient  facility  for  Member  States  to 
inform  each  other  of  the  status  of  the  asylum  seeker  has  lead  to  inefficient  management  of 
deletions of data. The Member States who entered data on a specific person are often unaware 
that another MS of origin deleted data and therefore don't realise they should delete their data 
relating to the same person. As a consequence, the respect of the principle that 'no data should 
be kept in a form which allows the identification of data subjects for longer than is necessary 
for the purposes for which data were collected' cannot therefore be sufficiently monitored.  

According  to  the  analysis  of  the  Evaluation  Report,  unclear  specification  of  national 
authorities having access to EURODAC hinders the monitoring role of the Commission and 
the European Data Protection Supervisor (EDPS).  

The statistics of EURODAC reveal that some persons already granted asylum in a Member 
State nevertheless apply again in another, or in some cases even in the same Member State. 
According to the EURODAC Regulation in force however, this information is not available to 
Member States introducing the data of such a person upon re-application. As a result, persons 
already enjoying  asylum  in one  of  the Member  States  can  apply  again in a second Member 
State, which is against the principle of having only one Member State responsible.  

Practical  changes,  the  need  for  consistency  with  the  evolution  of  the  asylum  acquis  taken 
place  since  the  adoption  of  Council  Regulation  (EC)  No  2725/2000/EC,  as  well  as  the 
placement of the operational management of EURODAC under a new management structure 
require several technical amendments.  

A thorough impact assessment examined several options to each of the problems identified by 
the  Evaluation  Report.  Therefore  the  present  proposal  intends  to  recast  Council  Regulation 
(EC)  No  2725/2000/EC  and  its  implementing  regulation,  Council  Regulation  (EC)  No 
407/2002/EC10  (hereinafter:  Implementing  Regulation)  in  order  inter  alia  to  improve  the 
efficiency  of  the  implementation  of  the  EURODAC  Regulation,  to  ensure  consistency  with 
the  asylum  acquis  evolved  since  the  adoption  of  the  Regulation,  to  update  some  provisions 
taking  account  of  factual  developments  since  the  adoption  of  the  Regulation,  to  establish  a 
new management framework and to better ensure the respect of personal data.  

•  General context 

The  Hague  Programme  called  for  the  submission  by  the  Commission  of  the  second-phase 
instruments  of  the  Common  European  Asylum  System  (CEAS)  to  the  Council  and  the 
European Parliament with a view to their adoption before the end of 2010. 

The  Commission's  intention  to  propose  amendments  to  the  EURODAC  Regulation  in  the 
framework of the second phase of the Common European Asylum system was confirmed in 

10 

Council  Regulation  (EC)  No  407/2002  of  28  February  2002  laying  down  certain  rules  to  implement 
Regulation  (EC)  No  2725/2000  concerning  the  establishment  of  "Eurodac"  for  the  comparison  of 
fingerprints for the effective application of the Dublin Convention, OJ L 062, 05.03.2002, p. 1.  

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its recently published Policy Plan on Asylum – an integrated approach to protection across the 
EU11. 

In  order  to  ensure  a  level  of  consistency  in  the  second  phase  of  the  construction  of  the 
Common European Asylum System, the present recast of the EURODAC Regulation and its 
implementing  regulation  is  proposed  in  parallel  to  the  proposal  on  the  amendment  of  the 
Dublin Regulation.  

Should no action on EU level be taken to address the problems described above, the identified 
problems would continue to persist, since the present wording of the Regulation will not be 
sufficient to ensure a high standard of efficiency in supporting the application of the Dublin 
Regulation. Member States could decide to follow certain interpretations of their own which 
might interfere with the correct and uniform application of the EURODAC Regulation, thus 
resulting in serious divergences creating legal uncertainty. 

EXISTING PROVISIONS IN THE AREA OF THE PROPOSAL 

2. 
The  Dublin  System  consist  of  the  Dublin12  and  EURODAC  Regulations,  and  their  two 
implementing regulations: Commission Regulation (EC) No 1560/2003 of 2 September 2003 
laying  down  detailed  rules  for  the  application  of  Council  Regulation  (EC)  No  343/2003 
establishing  the  criteria  and  mechanisms  for  determining  the  Member  State  responsible  for 
examining  an  asylum  application  lodged  in  one  of  the  Member  States  by  a  third-country 
national13  and  Council  Regulation  (EC)  No  407/2002  of  28  February  2002  laying  down 
certain  rules  to  implement  Regulation  (EC)  No  2725/2000  concerning  the  establishment  of 
"Eurodac"  for  the  comparison  of  fingerprints  for  the  effective  application  of  the  Dublin 
Convention.14 

3. 

CONSISTENCY WITH OTHER POLICIES 

This  proposal  is  fully  in  line  with  the  Tampere  European  Council  Conclusions  of  1999,  the 
Hague programme of 2004 and the Charter of Fundamental Rights of the European Union, in 
particular as regards the right to asylum and protection of personal data. 
The SIS II15 and VIS16 Regulations stipulate the need to establish a 'Management Authority' 
for  the  purpose  of  operating  their  large-scale  IT  systems.  In  the  joint  statements 
accompanying  these  Regulations,  the  Council  and  the  European  Parliament  agreed  that  the 
Management Authority should be an Agency.17 The Impact Assessment prepared in view of 

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15 

16 

17 

COM(2008) 360, SEC(2008) 2029, SEC(2008) 2030. 
The Dublin Convention was replaced by Council Regulation (EC) No 343/2003 of 18 February 2003 
establishing the criteria and mechanisms for determining the Member State responsible for examining 
an  asylum  application  lodged  in  one  of  the  Member  States  by  a  third-country  national.  OJ  L  050, 
25.02.2003, p. 1. 
OJ L 222, 05.09.2003, p. 3. 
OJ L 062, 05.03.2002, p. 1. 
Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on 
the  establishment,  operation  and  use  of  the  second  generation  Schengen  Information  System  (SIS II), 
OJ L 381, 28.12.2006, p. 4.  
Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning 
the  Visa  Information  System  (VIS)  and  the  exchange  of  data  between  Member  States  on  short-stay 
visas (VIS Regulation), OJ L 218, 13.8.2008, p. 60. 
Joint statement by the Commission, the Council and the European Parliament on Article 15 relating to 
operational  management  of  SIS  II,  Joint  statement  by  the  European  Parliament,  the  Council  and  the 
Commission on Article 26 relating to operational management of VIS.  

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the  establishment  of  the  Agency  concluded  that,  in  the  long  term,  the  housing  of  all  large-
scale  IT  systems  in  one  location  under  one  management  and  running  on  the  same  platform 
would serve to improve productivity and reduce operational costs. Therefore, it considered a 
new  Regulatory  Agency  to  be  indeed  the  best  option  for  carrying  out  the  tasks  of  the 
"Management Authority" for SIS II, VIS and also for EURODAC.  

4. 

COMPLIANCE WITH THE CHARTER OF FUNDAMENTAL RIGHTS 

During the recast exercise, due attention was given to fundamental rights. The right to asylum 
and  protection  of  personal  data  were  considered  in  the  Impact  Assessment  attached  to  the 
proposal.  

As  regards  the  right  to  asylum,  amendments  to  the  provisions  of  the  Regulation  on  the 
information  to  be  given  to  asylum  seekers  on  the  application  of  the  Dublin  system  enables 
them to effectively exercise their right to asylum.  

The new provision  that  requires  Member States to indicate  in  EURODAC  the  fact  that  they 
apply the discretionary clauses of the Dublin Regulation, facilitates communication amongst 
Member  States  and  therefore  prevents  uncertainty  for  the  asylum  seeker,  by  making  clarity 
about which Member States handles his case.  

As regards the protection of personal data, by allowing for efficient management of deletions 
of  data,  the  proposal  ensures  that  no  data  should  be  kept  in  a  form  which  allows  the 
identification  of  data  subjects  for  longer  than  is  necessary  for  the  purposes  for  which  data 
were  collected.  The  same  principle  is  underpinning  the  amendment  aligning  the  storage 
period  for  data  on  third  country  nationals  or  stateless  persons  fingerprinted  in  connection 
with  the  irregular  crossing  of  an  external  border  with  the  period  until  which  the  Dublin 
Regulation allocates responsibility on the basis of that information.  

Therefore,  this  proposal  is  fully  in  line  with  the  Charter  of  Fundamental  Rights  of  the 
European  Union,  in  particular  as  regards  the  right  to  asylum  (Article  18)  and  protection  of 
personal data (Article 8) and has to be applied accordingly. 

5. 

CONSULTATION OF INTERESTED PARTIES 

The  Commission  published  the  Green  Paper  on  the  future  Common  European  Asylum 
System18 in June 2007, which proposed options concerning the future features of the Dublin 
and EURODAC Regulations. In the framework of the wide public consultation on the Green 
Paper, 89 contributions were received from a wide range of stakeholders. 

The Commission services discussed the outcome of the Evaluation Report and the outline of 
the  planned  amendments  to  the  Regulation  with  the  Member  States  in  the  Committee  on 
Immigration  and  Asylum  (CIA)  in  March  2008  as  well  as  in  two  informal  expert  meetings 
with  Member  States’  practitioners  dedicated  to  the  conclusions  of  the  Evaluation  Report  in 
October 2007 and April 2008. 

UNHCR,  the  European  Council  on  Refugees  and  Exiles  (ECRE)  as  well  as  the  EDPS  were 
also informally consulted in the preparation of the amendment of the Regulation.  

18 

COM(2007) 301. 

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6. 

LEGAL ELEMENTS OF THE PROPOSAL 

In  order  to  improve  the  efficiency  of  the  implementation  of  the  EURODAC  Regulation, 
clearer deadlines for data transmission will be set.  

In  order  to  better  address  data  protection  requirements,  better  management  of  deletions  of 
data from the central database will be facilitated by ensuring that the Central System informs 
Member States of the need to delete data.  

The  EURODAC  Regulation  in  force  stipulates  that  five  years  after  EURODAC  starts 
operations, a decision would be taken as to whether the data on refugees (until now stored but 
not searchable) should be stored and searched or should be erased in advance once the data 
subject  is  recognised  as  a  refugee.  In  order  to  inform  Member  States  of  the  status  of  those 
applicants who have in fact been already granted international protection in a Member State, 
data on refugees will be deblocked (i.e. made available for searches). 

In order to better facilitate  the  application  of  the Dublin Regulation, Member States will be 
required to indicate in EURODAC the fact that they apply the discretionary clauses provided 
for  by  that  Regulation,  ie.  assume  responsibility  for  the  assessment  of  the  claim  of  an 
applicant for whom they would not normally be responsible under the criteria of the Dublin 
Regulation.  

In  order  to  ensure  consistency  with  the  asylum  acquis  evolved  since  the  adoption  of  the 
Regulation, the Commission proposes to extend its scope to cover subsidiary protection and 
align  the  terminology  of  the  Regulation  with  that  of  the  other  asylum  instruments  on  the 
definition of foreigners ("third country nationals and stateless persons"). Consistency with the 
Dublin  Regulation  (as  well  as  data  protection  concerns,  notably  the  principle  of 
proportionality)  will  be  ensured  by  aligning  the  storage  period  for  data  on  third  country 
nationals  or  stateless  persons  fingerprinted  in  connection  with  the  irregular  crossing  of  an 
external border with the period until which Article 14(1) of the Dublin Regulation allocates 
responsibility on the basis of that information (i.e. one year).  

It  is  also  important  to  update  some  provisions  taking  account  of  factual  developments  since 
the adoption of the Regulation. Hence, factual developments such as the change of the legal 
instrument  the  application  of  which  the  EURODAC  Regulation  facilitates  (Dublin 
Convention  to  the  Dublin  Regulation),  the  taking  over  of  the  tasks  of  the  Joint  Supervisory 
Authority by the later established EDPS and the initially foreseen but now obsolete practice of 
transmitting data to the Central Unit by means other than digital transmission (eg. on DVD or 
on paper) are reflected in the proposal. 

In order to address data protection concerns, better respect of personal data is facilitated  by 
amending the provision on the  designation of responsible  national authorities (specification 
of the exact responsible unit as well as the connection between its work and the purpose of 
EURODAC  is  required).  In  the  spirit  of  transparency,  the  list  of  these  authorities  will  be 
published  in  the  Official  Journal  of  the  European  Union,  thereby  adhering  to  the  data 
protection concerns of stakeholders.  

The  proposal  includes  updating  of  and  clearer  definitions  for  the  different  stages  of 
management of the database (Commission, Management Authority, Central System). SIS II 
and  VIS  already  share  a  technical  platform  and  it  is  envisaged  that  the  biometric  matching 
functionality (BMS) will, in the future, be common to SIS II, VIS and EURODAC. Until a 
Management  Authority  for  the  management  of  the  three  systems  is  established,  the 
Commission shall remain responsible for operating the Central Unit and ensuring the security 
of data transmission to/from EURODAC.  

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At  the  time  of  the  adoption  of  the  EURODAC  Regulation,  it  was  decided  that  some 
provisions would be adopted in an implementing regulation, for which the Council reserved to 
itself  the  power  of  adoption.  The  Commission  considers  the  nature  of  the  provisions  in  the 
two  instruments  as  similar.  Furthermore,  the  procedure  for  their  adoption  is  the  same  (ie. 
codecision). Therefore, the proposal envisages to repeal the Implementing Regulation and to 
include its content in the EURODAC Regulation. 
The  only  provision19  for  which  a  comitology  procedure  was  foreseen  proved  to  be  of 
insignificant nature, therefore during the more than five years of operation of the system, the 
Commission has not called for a meeting of this committee. Hence it is proposed to abolish 
the committee provided for by the Regulation. 

7. 

LEGAL BASIS 

This  proposal  amends  Council  Regulation  (EC)  No  2725/2000/EC  and  uses  the  same  legal 
base as that act, namely Articles 63(1)(a) of the Treaty establishing the European Community.  

Title IV of the Treaty is not applicable to the United Kingdom and Ireland, unless those two 
countries  decide  otherwise,  in  accordance  with  the  provisions  set  out  in  the  Protocol  on  the 
position of the United Kingdom and Ireland attached to the Treaties.  

The  United  Kingdom  and  Ireland  are  bound  by  Council  Regulation  (EC)  No  343/2003/EC 
following  their  notice  of  their  wish  to  take  part  in  the  adoption  and  application  of  that 
Regulation based on the above-mentioned Protocol. The position of these Member States with 
regard to the current Regulation does not affect their possible participation with regard to the 
amended Regulation.  

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark attached to the 
Treaties, Denmark does not take part in the adoption of this Regulation and is not bound by it 
nor  subject  to  its  application.  However,  given  that  Denmark  applies  the  current  Dublin 
Regulation, following an international agreement20 that it concluded with the EC in 2006, it 
shall, in accordance with Article 3 of that agreement, notify the Commission of its decision 
whether or not to implement the content of the amended Regulation. 

8. 

IMPACT  OF  THE  PROPOSAL  ON  NON  EU  MEMBER  STATES  ASSOCIATED  TO  THE 
DUBLIN SYSTEM 

In  parallel  to  the  association  of  several  non-EU  Member  States  to  the  Schengen  acquis,  the 
Community concluded, or is in the process of doing so, several agreements associating these 
countries also to the Dublin/EURODAC acquis: 
-the agreement associating Iceland and Norway, concluded in 200121; 
-the agreement associating Switzerland, concluded on 28 February 200822; 

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21 

"[T]he Central Unit may be charged with carrying out certain other statistical tasks on the basis of the 
data processed at the Central Unit." (Article 3(4) of the Eurodac Regulation). 
Agreement  between  the  European  Community  and  the  Kingdom  of  Denmark  on  the  criteria  and 
mechanisms  for  establishing  the  State  responsible  for  examining  a  request  for  asylum  lodged  in 
Denmark  or  any  other  Member  State  of  the  European  Union  and  “Eurodac”  for  the  comparison  of 
fingerprints for the effective application of the Dublin Convention, O.J. L66, 8.3.2006.  
Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway 
concerning the criteria and mechanisms for establishing the State responsible for examining a request 
for asylum lodged in a Member State or in Iceland or Norway, OJ L 93, 3.4.2001, p.40. 

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-the protocol associating Liechtenstein, signed on 28 February 200823. 

In  order  to  create  rights  and  obligations  between  Denmark  –which  as  explained  above  has 
been  associated  to  the  Dublin/EURODAC  acquis  via  an  international  agreement  –  and  the 
associated  countries  mentioned  above,  two  other  instruments  have  been  concluded  between 
the Community and the associated countries24. 

In accordance with the three above-cited agreements, the associated countries shall accept the 
Dublin/EURODAC  acquis  and  its  development  without  exception.  They  do  not  take  part  in 
the  adoption  of  any  acts  amending  or  building  upon  the  Dublin  acquis  (including  therefore 
this  proposal)  but  have  to  notify  to  the  Commission  within  a  given  time-frame  of  their 
decision whether or not to accept the content of that act, once approved by the Council and 
the European Parliament. In case Norway, Iceland, Switzerland or Liechtenstein do not accept 
an  act  amending  or  building  upon  the  Dublin/EURODAC  acquis,  the  "guillotine"  clause  is 
applied and the respective agreements will be terminated, unless the Joint/Mixed Committee 
established by the agreements decides otherwise by unanimity. 

9. 

SUBSIDIARITY PRINCIPLE 

Due to the transnational nature of the problems related to asylum and refugee protection, the 
EU is well placed to propose solutions in the framework of the Common European Asylum 
System  (CEAS)  to  the  issues  described  above  as  problems  regarding  the  EURODAC 
Regulation.  Although  an  important  level  of  harmonization  was  reached  in  the  Regulation 
adopted  in  2000,  there  is  still room  for  developing  the  support  that  EURODAC  provides  to 
the  implementation  of  the  Dublin  Regulation.  The  need  for  EU  action  regarding  the 
management  of  an  EU  database  which  was  created  for  assisting  in  the  implementation  of  a 
Regulation dealing with transnational movements of asylum seekers seems clear.  

10. 

PROPORTIONALITY PRINCIPLE 

The  impact  assessment  on  the  amendment  of  the  EURODAC  Regulation  assessed  each 
suboption  regarding  the  problems  identified  so  as  to  represent  an  ideal  proportion  between 
practical value and efforts needed. It concluded that opting for EU action does not go beyond 
what is necessary to achieve the objective of solving those problems. 

22 

23 

24 

Agreement between the European Community and the Swiss Confederation concerning the criteria and 
mechanisms  for  establishing  the  State  responsible  for  examining  a  request  for  asylum  lodged  in  a 
Member State or in Switzerland, OJ L 53, 27.2.2008, p. 5. 
Protocol  between  the  European  Community,  the  Swiss  Confederation  and  the  Principality  of 
Liechtenstein  on  the  accession  of  Liechtenstein  to  the  Agreement  between  the  European  Community 
and  Switzerland  concerning  the  criteria  and  mechanisms  for  establishing  the  State  responsible  for 
examining  a  request  for  asylum  lodged  in  a  the  Member  State  or  in  Switzerland  (COM  (2006)754, 
conclusion pending). 
Protocol  between  the  European  Community,  the  Swiss  Confederation  and  the  Principality  of 
Liechtenstein  to  the  Agreement  between  the  European  Community  and  the  Swiss  Confederation 
concerning the criteria and mechanisms for establishing the State responsible for examining a request 
for  asylum  lodged  in  a  Member  State  or  in  Switzerland  (2006/0257  CNS,  concluded  on  24.10.2008, 
publication in OJ pending) and Protocol to the Agreement between the Community, Republic of Iceland 
and  the  Kingdom  of  Norway  concerning  the  criteria  and  mechanisms  for  establishing  the  State 
responsible for examining a request for asylum lodged in a Member State, Iceland and Norway (OJ L 
93, 3.4.2001). 

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(cid:208) 2725/2000/EC (adapted) 

2008/0242 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning the establishment of 'EURODAC' for the comparison of fingerprints for the 
effective application of the Dublin Convention ⌦ Regulation (EC) No […/…] 
[establishing the criteria and mechanisms for determining the Member State responsible 
for examining an application for international protection lodged in one of the Member 
States by a third-country national or a stateless person] ⌫  

THE EUROPEAN PARLIAMENT AND 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 Commission25, 
Acting in accordance with the procedure laid down in Article 251 of the Treaty26, 

Whereas 

(cid:216) new 

(1) 

A  number  of  substantive  changes  are  to  be  made  to  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  Convention27 
and Council Regulation (EC) No 407/2002 of 28 February 2002 laying down certain 
rules  to  implement  Regulation  (EC)  No  2725/2000  concerning  the  establishment  of 
"Eurodac"  for  the  comparison  of  fingerprints  for  the  effective  application  of  the 
Dublin Convention28. In the interest of clarity, those Regulations should be recast. 

(1)  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. 

(cid:208) 2725/2000/EC recital 1 

25 
26 
27 
28 

COM(2008)XXX.  
OJ C […], […], p. […]. 
OJ L 316, 15.12.2000, p. 1. 
OJ L 62, 5.3.2002, p. 1. 

EN 

9 

   EN 

 
 
 
 
                                                 
(cid:208) 2725/2000/EC recital 2 
(adapted) 

(2)  Member States have concluded the Convention determining 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 Convention"). 

(2) 

(3) 

(4) 

(cid:216) new 

A  common  policy  on  asylum,  including  a  Common  European  Asylum  System,  is  a 
constituent  part  of  the  European  Union's  objective  of  progressively  establishing  an 
area  of  freedom,  security  and  justice  open  to  those  who,  forced  by  circumstances, 
legitimately seek protection in the Community.  

The  first  phase  in  the  creation  of  a  Common  European  Asylum  System  that  should 
lead, in the longer term, to a common procedure and a uniform status, valid throughout 
the Union, for those granted asylum, has now been achieved. The European Council of 
4  November  2004  adopted  The  Hague  Programme  which  sets  the  objectives  to  be 
implemented in the area of freedom, security and justice in the period 2005-2010. In 
this respect The Hague Programme invited the European Commission to conclude the 
evaluation  of  the  first  phase  legal  instruments  and  to  submit  the  second-phase 
instruments and measures to the Council and the European Parliament with a view to 
their adoption before 2010.  

(cid:208) 2725/2000/EC recital 3 
(adapted) 
(cid:214) new 

For the purposes of applying the Dublin Convention ⌦ Council Regulation (EC) No 
[…/…]  [establishing  the  criteria  and  mechanisms  for  determining  the  Member  State 
responsible for examining an application for international protection lodged in one of 
the  Member  States  by  a  third-country  national  or  a  stateless  person]29⌫,  it  is 
necessary  to  establish  the  identity  of  applicants  for  asylum  (cid:214) international 
protection  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  ⌦ Council  Regulation  (EC)  No  […/…]  [establishing 
the  criteria  and  mechanisms  for  determining  the  Member  State  responsible  for 
examining  an  application  for  international  protection  lodged  in  one  of  the  Member 
States by a third-country national or a stateless person] ⌫, and in particular points (c) 
and (e) (b) and (d) of Article 10(1)18(1) thereof, to allow each Member State to check 
whether  an  alien  ⌦ third  country  national  or  stateless  person ⌫  found  illegally 
present on its territory has applied for asylum (cid:214) international protection  in another 
Member State. 

29 

COM(2008)XXX. 

EN 

10 

   EN 

 
 
 
 
                                                 
(5) 

Fingerprints constitute an important element in establishing the exact identity of such 
persons. It is necessary to set up a system for the comparison of their fingerprint data. 

(cid:208) 2725/2000/EC recital 4 

(6) 

(7) 

(cid:208) 2725/2000/EC recital 5 
(cid:214) new 

To  this  end,  it  is  necessary  to  set  up  a  system  known  as  ""EurodacEURODAC", 
consisting  of  a  Central  Unit  (cid:214) System ,  to  be  established  within  the  Commission 
and which will operate a computerised central database of fingerprint data, as well as 
of  the  electronic  means  of  transmission  between  the  Member  States  and  the  central 
database (cid:214) Central System . 

(cid:216) new 

In view of ensuring equal treatment for all applicants and beneficiaries of international 
protection, as well as in order to ensure consistency with current EU asylum acquis, in 
particular with Council Directive 2004/83/EC of 29 April 2004 on minimum standards 
for  the  qualification  and  status  of  third  country  nationals  or  stateless  persons  as 
refugees or as persons who otherwise need international protection and the content of 
the  protection  granted  and  Regulation  (EC)  No  […/…]  [establishing  the  criteria  and 
mechanisms  for  determining  the  Member  State  responsible  for  examining  an 
application for international protection lodged in one of the Member States by a third-
country  national  or  a  stateless  person],  it  is  appropriate  to  extent  the  scope  of  this 
Regulation  to  order  to  include  applicants  for  subsidiary  protection  and  persons 
enjoying subsidiary protection. 

(cid:208) 2725/2000/EC recital 6 
(adapted) 
(cid:214) new 

(8) 

It is also necessary to require the Member States promptly to take (cid:214) and transmit  
fingerprints (cid:214) data  of every applicant for asylum (cid:214) international protection  and 
of every alien ⌦ third country national or stateless person ⌫ 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. 

(cid:208) 2725/2000/EC recital 7 
(adapted) 
(cid:214) new 

(9) 

It is necessary to lay down precise rules on the transmission of such fingerprint data to 
the  Central  Unit  (cid:214) System   ,  the  recording  of  such  fingerprint  data  and  other 
relevant  data  in  the  Central  Unit  (cid:214) System   ,  their  storage,  their  comparison  with 

EN 

11 

   EN 

 
 
 
 
 
 
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  ⌦ third 
country national or stateless persons ⌫. 

(cid:208) 2725/2000/EC recital 8 
(adapted) 
(cid:214) new 

(10)  Aliens ⌦ Third country nationals or stateless persons ⌫ who have requested asylum 
(cid:214) international protection  in one Member State may have the option of requesting 
asylum  (cid:214) international  protection   in  another  Member  State  for  many  years  to 
come. Therefore, the maximum period during which fingerprint data should be kept by 
the Central Unit (cid:214) System  should be of considerable length. Given that most aliens 
⌦ third country nationals or stateless persons ⌫ 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 reasonable period 
for the conservation of fingerprint data. 

(cid:208) 2725/2000/EC recital 9 
(adapted) 

(11)  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  should  be 
erased  immediately  once  aliens  ⌦ third  country  nationals  or  stateless  persons ⌫ 
obtain citizenship of a Member State. 

(cid:216) new 

(12) 

It  is  appropriate  to  store  data  relating  to  those  data  subjects  whose  fingerprints  were 
initially  recorded  in  EURODAC  upon  lodging  their  applications  for  international 
protection  and  who  have  been  granted  international  protection  in  a  Member  State  in 
order to allow data recorded upon lodging an application for international protection to 
be compare against them.  

(13)  For  a  transitional  period  the  Commission  should  remain  responsible  for  the 
management of the Central System and for the Communication Infrastructure. In the 
long  term,  and  following  an  impact  assessment,  containing  a  substantive  analysis  of 
alternatives from financial, operational and organisational perspective, a Management 
Authority with responsibility for these tasks should be established.  

(13)  Since  the  Member  States  alone  are  responsible  for  identifying  and  classifying  the 
results of comparisons transmitted by the Central Unit as well as for the blocking of 
data  relating  to  persons  admitted  and  recognised  as  refugees  and  since  this 

(cid:208) 2725/2000/EC recital 13 
(adapted) 

EN 

12 

   EN 

 
 
 
 
 
responsibility  concerns  the  particularly  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  itself  the  exercise  of  certain  implementing  powers, 
relating in particular to the adoption of measures ensuring the safety and reliability of 
such data. 

(cid:208) 2725/2000/EC recital 14 
(adapted) 

(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 
Commission. 

(cid:208) 2725/2000/EC recital 10 
(adapted) 
(cid:214) new 

(14) 

It  is  necessary  to  lay  down  clearly  the  respective  responsibilities  of  the  Commission 
(cid:214) and  the  Management  Authority   ,  in  respect  of  the  Central  Unit  (cid:214) System  
(cid:214) and the Communication Infrastructure , and of the Member States, as regards data 
use, data security, access to, and correction of, recorded data. 

(15)  While the non-contractual liability of the Community in connection with the operation 
of the EurodacEURODAC system will be governed by the relevant provisions of the 
Treaty, it is necessary to lay down specific rules for the non-contractual liability of the 
Member States in connection with the operation of the system.  

(cid:208) 2725/2000/EC recital 11 

(cid:208) 2725/2000/EC recital 12 

(16) 

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  fingerprint  data  to  assist  the  implementation  of  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. 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. 

(17)  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 

(cid:208) 2725/2000/EC recital 15 
(adapted) 

EN 

13 

   EN 

 
 
 
 
 
 
the  free  movement  of  such  data30  applies  to  the  processing  of  personal  data  by  the 
Member  States  ⌦ carried  out  in  application  of  this  Regulation ⌫.  within  the 
framework of the Eurodac system.  

(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. 

(cid:208) 2725/2000/EC recital 16 

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

(cid:208) 2725/2000/EC recital 17 

(cid:216) new 

(19)  Regulation  (EC)  No  45/2001  of  the  European  Parliament  and  of  the  Council  of  18 
December  2000  on  the  protection  of  individuals  with  regard  to  the  processing  of 
personal data by the Community institutions and bodies and on the free movement of 
such data31 should apply. However, certain point should be clarified in respect of the 
responsibility for the processing of data and of supervision of data protection.  

(cid:216) new 

(20) 

It  is  appropriate  that  national  supervisory  authorities  monitor  the  lawfulness  of  the 
processing  of  personal  data  by  the  Member  States,  whilst  the  European  Data 
Protection  Supervisor,  appointed  pursuant  to  Decision  2004/55/EC  of  the  European 
Parliament  and  of  the  Council  of  22  December  2003  appointing  the  independent 
supervisory body provided for in Article 286 of the EC Treaty32, should monitor the 
activities  of  the  Community  institutions  and  bodies  in  relation  to  the  processing  of 
personal  data  in  view  of  the  limited  tasks  of  the  Community  institutions  and  bodies 
with regard to the data themselves. 

(21) 

It is appropriate to monitor and evaluate the performance of EurodacEURODAC (cid:214) at 
regular intervals . 

(cid:208) 2725/2000/EC recital 18 
(cid:214) new 

30 
31 
32 

OJ L 281, 23.11.1995, p. 31. 
OJ L 8, 12.1.2001, p. 1. 
OJ L 12, 17.1.2004, p. 47. 

EN 

14 

   EN 

 
 
 
 
 
 
                                                 
(22)  Member  States  should  provide  for  a  system  of  penalties  to  sanction  the  use  of  data 
recorded  in  the  central  database  (cid:214) Central  System   contrary  to  the  purpose  of 
EurodacEURODAC. 

(cid:208) 2725/2000/EC recital 19 
(cid:214) new 

(cid:208) 2725/2000/EC recital 23 
(adapted) 

(23)  This Regulation should serve as legal basis for the 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 be charged with verifying that those conditions are fulfilled. 

(cid:216) new 

(23) 

It  is  necessary  that  Member  States  are  informed  of  the  status  of  particular  asylum 
procedures, with a view to facilitating the adequate application of Regulation (EC) No 
[…/…]  [establishing  the  criteria  and  mechanisms  for  determining  the  Member  State 
responsible for examining an application for international protection lodged in one of 
the Member States by a third-country national or a stateless person]. 

(24)  This  Regulation  respects  and  has  to  be  applied  in  accordance  with  the  fundamental 
rights  and  observes  the  principles  recognised  in  particular  by  the  Charter  of 
Fundamental  Rights  of  the  European  Union.  In  particular,  this  Regulation  seeks  to 
ensure full respect for the protection of personal data and the right to asylum and to 
promote the application of Articles 8 and 18 of the Charter. 

(cid:208) 2725/2000/EC recital 22 
(adapted) 

(25) 

It is appropriate to restrict the territorial scope of this Regulation so as to align it on 
the  territorial  scope  of  the  Dublin  Convention  ⌦ Regulation  (EC)  No  […/…] 
[establishing  the  criteria  and  mechanisms  for  determining  the  Member  State 
responsible for examining an application for international protection lodged in one of 
the Member States by a third-country national or a stateless person] ⌫ . 

EN 

15 

   EN 

 
 
 
 
 
HAVE ADOPTED THIS REGULATION: 

(cid:208) 2725/2000/EC (adapted) 
(cid:214) new 

CHAPTER I 

GENERAL PROVISIONS 

Article 1 

Purpose of "EurodacEURODAC" 

1. 

2. 

(a) 

(b) 

(c) 

A  system  known  as  "EurodacEURODAC"  is  hereby  established,  the  purpose  of 
which  shall  be  to  assist  in  determining  which  Member  State  is  to  be  responsible 
pursuant to the Dublin Convention ⌦ Regulation (EC) No […/…] [establishing the 
criteria  and  mechanisms  for  determining  the  Member  State  responsible  for 
examining  an  application  for  international  protection  lodged  in  one  of  the  Member 
States  by  a  third-country  national  or  a  stateless  person] ⌫  for  examining  an 
application for asylum (cid:214) international protection  lodged in a Member State (cid:214) by 
a  third  country  national  or  stateless  person ,  and  otherwise  to  facilitate  the 
application of the Dublin Convention ⌦ Regulation ⌫ under the conditions set out 
in this Regulation. 

Eurodac shall consist of: 

the Central Unit referred to in Article 3; 

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); 

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. 

3.2.  Without prejudice to the use of data intended for EurodacEURODAC 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  EurodacEURODAC only for  the purposes 
set out in Article 15(1)32(1) of the Dublin Convention ⌦ Regulation ⌫.  

Article 2 

Definitions 

1. 

For the purposes of this Regulation: 

(a)  "the  Dublin  Convention ⌦ Regulation ⌫"  means  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 

EN 

16 

   EN 

 
 
1990 ⌦ Regulation (EC) No […/…] [establishing the criteria and mechanisms 
for determining the Member State responsible for examining an application for 
international protection lodged in one of the Member States by a third-country 
national or a stateless person] ⌫; 

(b) an "applicant for asylum (cid:214) international protection " means an alien ⌦ third-
country  national  or  a  stateless  person ⌫  who  has  made  an  application  for 
asylum or on whose behalf such an application has been made (cid:214) international 
protectionin respect of which a final decision has not yet been taken ; 

(c) "Member State of origin" means: 

(i) in relation to an applicant for asylum ⌦ person covered by Article 6 ⌫ , 
the Member State which transmits the personal data to the Central Unit 
(cid:214) System  and receives the results of the comparison; 

(ii) in relation to a person covered by Article 8 10 , the Member State which 

transmits the personal data to the Central Unit (cid:214) System  ; 

(iii) in relation to a person covered by Article 11 13 , the Member State which 
transmits  such  data  to  the  Central  Unit  (cid:214) System   and  receives  the 
results of the comparison; 

(d)  "refugee"  (cid:214) "person  granted  international  protection"   means  a  ⌦ third 
country national or a stateless ⌫ 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  (cid:214) in  need  of 
international  protection  as  defined  in  Article  2(a)  of  Council  Directive 
2004/83/EC ; 

(e) "hit" shall mean the existence of a match or matches established by the Central 
Unit  (cid:214) System   by  comparison  between  fingerprint  data  recorded  in  the 
databank ⌦ database ⌫ and those transmitted by a Member State with regard 
to  a  person,  without  prejudice  to  the  requirement  that  Member  States  shall 
immediately check the results of the comparison pursuant to Article 4(6) 17(4). 

The terms defined in Article 2 of Directive 95/46/EC shall have the same meaning in 
this Regulation. 

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

Article 3 

Central Unit ⌦ System architecture and basic principles ⌫  

A  Central  Unit  shall  be  established  within  the  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. 

2. 

3. 

1. 

1. 

EURODAC shall consist of: 

(cid:216) new 

EN 

17 

   EN 

 
 
(a) a computerised central fingerprint database (Central System) composed of 

– 

– 

a Central Unit,  

a Business Continuity System. 

(b)  a  communication  infrastructure  between  the  central  system  and  Member  States 
that  provides  an  encrypted  virtual  network  dedicated  to  EURODAC  data 
(Communication Infrastructure). 

2. 

Each  Member  State  shall  have  a  single  designated  national  data  system  (National 
Access Point) which communicates with the Central System.  

(cid:208) 2725/2000/EC (adapted) 
(cid:214) new 

2.3. 

Data on applicants for asylum, persons covered by Article 8 and persons covered by 
Article 11 6, 10 and 13 which are processed in the Central Unit (cid:214) System  shall be 
processed on behalf of the Member State of origin under the conditions set out in this 
Regulation ⌦ and separated by appropriate technical means ⌫. 

1. 

4. 

5. 

The Central Unit shall separate the data on asylum applicants and the data on persons 
referred to in Article 8 of the Eurodac Regulation which are stored in the database, 
by appropriate technical means. 

(cid:208) 407/2002/EC Article 5(1) 

(cid:208) 2725/2000/EC Article 1(2) third 
subparagraph  
(cid:214) new 

The  rules  governing  EurodacEURODAC  shall  also  apply  to  operations  effected  by 
the Member States as from the transmission of data to the Central Unit (cid:214) System  
until use is made of the results of the comparison. 

(cid:208) 2725/2000/EC Article 4(1) 
second sentence 
(cid:214) new 

The  procedure  for  taking  fingerprints  shall  be  determined  (cid:214) and  applied   in 
accordance  with  the  national  practice  of  the  Member  State  concerned  and  in 
accordance with the safeguards laid down in (cid:214) the Charter of Fundamental Rights of 
the  European  Union,  in  the  Convention  for  the  Protection  of  Human  Rights  and 
Fundamental Freedoms and  the European Convention on Human Rights and in the 
United Nations Convention on the Rights of the Child.  

EN 

18 

   EN 

 
 
 
 
 
(cid:216) new 

Article 4 

Operational management by the Management Authority 

1. 

2. 

After a transitional period, a Management Authority, funded from the general budget 
of  the  European  Union,  shall  be  responsible  for  the  operational  management  of 
EURODAC.  The  Management  Authority  shall  ensure,  in  cooperation  with  the 
Member  States,  that  at  all  times  the  best  available  technology,  subject  to  a  cost-
benefit analysis, is used for the Central System. 

The Management Authority shall also be responsible for the following tasks relating 
to the Communication Infrastructure: 

(a) supervision; 

(b) security; 

(c) the coordination of relations between the Member States and the provider. 

3. 

The  Commission  shall  be  responsible  for  all  other 
Communication Infrastructure, in particular:  

tasks  relating 

to 

the 

(a) tasks relating to implementation of the budget; 

(b) acquisition and renewal; 

(c) contractual matters. 

4. 

5. 

6. 

7. 

During  a  transitional  period  before  the  Management  Authority  takes  up  its 
responsibilities, the Commission shall be responsible for the operational management 
of EURODAC.  

Operational  management  of  EURODAC  shall  consist  of  all  the  tasks  necessary  to 
keep EURODAC functioning 24 hours a day, 7 days a week in accordance with this 
Regulation,  in  particular  the  maintenance  work  and  technical  developments 
necessary  to  ensure  that  the  system  functions  at  a  satisfactory  level  of  operational 
quality,  in  particular  as  regards  the  time  required  for  interrogation  of  the  Central 
System. 

Without prejudice to Article 17 of the Staff Regulations of Officials of the European 
Communities, 
the  Management  Authority  shall  apply  appropriate  rules  of 
professional  secrecy  or  other  equivalent  duties  of  confidentiality  to  all  its  staff 
required  to  work  with  EURODAC  data.  This  obligation  shall  also  apply  after  such 
staff leave office or employment or after the termination of their activities. 

The Management Authority referred to in this Regulation shall be the Management 
Authority competent for SIS II and VIS.  

EN 

19 

   EN 

 
 
(cid:208) 2725/2000/EC (adapted) 
(cid:214) new 

Article 5 3  

⌦ Statistics ⌫ Central Unit  

3. 

The  Central  Unit  ⌦ Management  Authority ⌫  shall  draw  up  statistics  on  its 
⌦ the ⌫ work ⌦ of the Central System ⌫ every quarter (cid:214) month , indicating 
(cid:214) in particular  : 

(a)  the  number  of  data  sets  transmitted  on  applicants  for  asylum  (cid:214) international 
protection  and the  persons referred  to  in  Articles 8(1) and 11(1) 10(1) and 
13(1) ; 

(b)  the  number  of  hits  for  applicants  for  asylum  (cid:214) international  protection   who 
have lodged an application for asylum (cid:214) international protection  in another 
Member State; 

(c)  the  number  of  hits  for  persons  referred  to  in  Article  8(1)  10(1)  who  have 

subsequently lodged an application for asylum (cid:214) international protection ; 

(d)  the  number  of  hits  for  persons  referred  to  in  Article  11(1)  13(1)  who  had 
previously  lodged  an  application  for  asylum  (cid:214) international  protection   in 
another Member State; 

(e)  the  number  of  fingerprint  data  which  the  Central  Unit  (cid:214) System   had  to 
(cid:214) repeatedly   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;. 

(f) the number of data sets marked in accordance with Article 14(1); 

(g) the number of hits for persons referred to in Article 14(1). 

(cid:216) new 

(cid:208) 2725/2000/EC 
(cid:214) new 

At  the  end  of  each  year,  statistical  data  shall  be  established  in  the  form  of  a 
compilation  of  the  (cid:214) monthly   quarterly  statistics  drawn  up  since  the 
beginning of Eurodac's activities (cid:214) for that year , including an indication of 
the number of persons for whom hits have been 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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(cid:208) 2725/2000/EC (adapted) 
(cid:214) new 

CHAPTER II 

APPLICANTS FOR ASYLUM ⌦ INTERNATIONAL 
PROTECTION ⌫ 

Article 6 4 

Collection, transmission and comparison of fingerprints 

Each Member State shall promptly (cid:214) after the lodging of an application as defined 
by  Article  20(2)  of  the  Dublin  Regulation   take  the  fingerprints  of  all  fingers  of 
every  applicant  for asylum (cid:214) international protection  of at least 14 years of age 
and  shall  promptly  (cid:214) no  later  than  within  48  hours  after  the  lodging  of  that 
application  transmit ⌦ them together with ⌫ the data referred to in points (a) (b) 
to (f) (g) of Article 5(1) 7 to the Central Unit (cid:214) System .  

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, directly by the Member State of origin. 

(cid:216) new 

By  way  of  derogation  from  paragraph  1,  when  an  applicant  for  international 
protection  arrives  in  the  responsible  Member  State  following  a  transfer  pursuant  to 
the  Dublin  Regulation,  the  responsible  Member  State  shall  only  transmit  a 
transaction  indicating  the  fact  of  the  successful  transfer  regarding  the  relevant  data 
recorded  in  the  Central  System  pursuant  to  Article  6,  in  conformity  with  the 
requirements  for  electronic  communication  with  the  Central  System  established  by 
the  Management  Authority.  This  information  shall  be  stored  in  accordance  with 
Article 8 for the purpose of transmission under Article 6(5). 

(cid:208) 2725/2000/EC (adapted) 
(cid:214) new 

Fingerprint data within the meaning of point (b) (a) of Article 5(1) 7, transmitted by 
any  Member  State,  shall  be  compared  (cid:214) automatically   with  the  fingerprint  data 
transmitted  by  other  Member  States  and  already  stored  in  the  Ccentral  database 
(cid:214) System .  

The Central Unit (cid:214) System  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 Member State, in addition to the data from other Member States. 

1. 

(2) 

2. 

3. 

4. 

EN 

21 

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5. 

7. 

The Central Unit (cid:214) System  shall forthwith (cid:214) automatically  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) 7(a) to (f), although in the case of the data referred to in Article 5(1)(b), 
only insofar as they were the basis for the hit (cid:214) along with, where appropriate, the 
mark referred to in Article 14(1) .  

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

Article 75 

Recording of data 

1. 

Only the following data shall be recorded in the cCentral database (cid:214) System  : 

(ab) fingerprint data; 

(ba)  Member  State  of  origin,  place  and  date  of  the  application  for  asylum 

(cid:214) international protection ;  

(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 (cid:214) System ; 

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

(g) operator user ID. 

(cid:216) new 

(cid:208) 2725/2000/EC 
(cid:214) new 

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

transmission(s). 

2. 

After  recording  the  data  in  the  central  database,  the  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 8 6 

Data storage 

Each  set  of  data,  as  referred  to  in  Article  5(1)  7,  shall  be  stored  in  the  Ccentral 
(cid:214) System   database  for  ten  years  from  the  date  on  which  the  fingerprints  were 
taken. 

Upon expiry  of this period,  the  Central  Unit (cid:214) System  shall automatically erase 
the data from the Ccentral database (cid:214) System . 

Article 9 7 

Advance data erasure 

1. 

2. 

Data relating to a person who has acquired citizenship of any Member State before 
expiry of the period referred to in Article 6 8 shall be erased from the Central Unit 
(cid:214) System , in accordance with Article 15(3) 20(3) as soon as the Member State of 
origin becomes aware that the person has acquired such citizenship. 

The  Central  System  shall  inform  all  Member  States  of  origin  about  the  deletion  of 
data by another Member State of origin having produced a hit with data it transmitted 
relating to persons referred to in Article 6 or Article 10. 

(cid:216) new 

(cid:208) 2725/2000/EC (adapted) 
(cid:214) new 

CHAPTER III 

ALIENS ⌦ THIRD COUNTRY NATIONALS OR STATELESS 
PERSONS ⌫ APPREHENDED IN CONNECTION WITH THE 
IRREGULAR CROSSING OF AN EXTERNAL BORDER 

Article 10 8 

Collection and transmission of fingerprint data 

1. 

Each  Member  State  shall,  in  accordance  with  the  safeguards  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 
⌦ third  country  national  or  stateless  person ⌫  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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2. 

The Member State concerned shall promptly (cid:214) no later than 48 hours from the date 
of  apprehension   transmit  to  the  Central  Unit  (cid:214) System   the  following  data  in 
relation to any alien ⌦ third country national or stateless person ⌫, as referred to 
in paragraph 1, who is not turned back: 

(ab) fingerprint data; 

(ba) Member State of origin, place and date of the apprehension ; 

(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 (cid:214) System ; 

(g) operator user ID. 

(cid:216) new 

(cid:208) 2725/2000/EC (adapted) 
(cid:214) new 

Article 11 9 

Recording of data 

1. 

The data referred to in Article 5(1)(g) and in Article 8(2) 10(2) shall be recorded in 
the central database (cid:214) Central System . 

Without prejudice to Article 3(3)5, data transmitted to the Central Unit (cid:214) System  
pursuant to Article 8(2) 10(2) shall be recorded for the sole purpose of comparison 
with  data  on  applicants  for  asylum  (cid:214) international  protection   transmitted 
subsequently to the Central Unit (cid:214) System . 

The  Central  Unit  (cid:214) System   shall  not  compare  data  transmitted  to  it  pursuant  to 
Article  8(2)  10(2)  with  any  data  previously  recorded  in  the  central  database 
(cid:214) Central  System ,  nor  with  data  subsequently  transmitted  to  the  Central  Unit 
(cid:214) System  pursuant to Article 8(2) 10(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  (cid:214) international 
protection  subsequently transmitted to the Central Unit (cid:214) System  with the data 
referred  to  in  paragraph  1,  the  procedures  provided  for  in  Article  4(3),  (5)  and  (6) 
6(3) and (5) shall apply. 

2. 

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Article 12 10 

Storage of data 

1. 

2. 

3. 

4. 

Each set of data relating to an alien ⌦ third country national or stateless person ⌫ 
as referred to in Article 8(1) 10(1) shall be stored in the central database (cid:214) Central 
System  for (cid:214) one year  two years from the date on which the fingerprints of the 
alien  ⌦ third  country  national  or  stateless  person ⌫  were  taken.  Upon  expiry  of 
this period, the Central Unit (cid:214) System  shall automatically erase the data from the 
central database (cid:214) Central System . 

The  data  relating  to  an  alien  ⌦ third  country  national  or  stateless  person ⌫  as 
referred to in Article 8(1) 10(1) shall be erased from the central database (cid:214) Central 
System  in accordance with Article 15(3) 21(3) immediately, if the Member State 
of  origin  becomes  aware  of  one  of  the  following  circumstances  before  the  two 
(cid:214) one -year period mentioned in paragraph 1 has expired: 

(a) the alien ⌦ third country national or stateless person ⌫ has been issued with a 

residence permit; 

(b) the alien ⌦ third country national or stateless person ⌫ has left the territory of 

the Member States; 

(c)  the  alien  ⌦ third  country  national  or  stateless  person ⌫  has  acquired  the 

citizenship of any Member State. 

(cid:216) new 

The  Central  System  shall  inform  all  Member  States  of  origin  about  the  deletion  of 
data for the reason specified in paragraph 2(a) and (b) by another Member State of 
origin having produced a hit with data it transmitted relating to persons referred to in 
Article 10.  

The  Central  System  shall  inform  all  Member  States  of  origin  about  the  deletion  of 
data  for  the  reason  specified  in  paragraph  2(c)  by  another  Member  State  of  origin 
having  produced  a  hit  with  data  it  transmitted  relating  to  persons  referred  to  in 
Article 6 or Article 10.  

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(cid:208) 2725/2000/EC (adapted) 
(cid:214) new 

CHAPTER IV 

ALIENS ⌦ THIRD COUNTRY NATIONALS OR STATELESS 
PERSONS ⌫ FOUND ILLEGALLY PRESENT IN A MEMBER 
STATE 

1. 

2. 

3. 

Article 13 11 

Comparison of fingerprint data 

With  a  view  to  checking  whether  an  alien  ⌦ third  country  national  or  a  stateless 
person ⌫  found  illegally  present  within  its  territory  has  previously  lodged  an 
application for asylum (cid:214) international protection  in another Member State, each 
Member  State  may  transmit  to  the  Central  Unit  (cid:214) System   any  fingerprint  data 
relating to fingerprints which it may have taken of any such alien ⌦ third country 
national or stateless person ⌫ 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 ⌦ third country 
national or stateless person ⌫ has previously lodged an application for (cid:214) asylum  
(cid:214) international protection  in another Member State where: 

(a) the alien ⌦ third country national or stateless person ⌫ declares that he/she has 
lodged  an  application  for  asylum  (cid:214) international  protection   but  without 
indicating the Member State in which he/she made the application; 

(b) the alien ⌦ third country national or stateless person ⌫ does not request asylum 
(cid:214) international protection  but objects to being returned to his/her country of 
origin by claiming that he/she would be in danger, or 

(c)  the  alien  ⌦ third  country  national  or  stateless  person ⌫  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. 

Where Member States take part in the procedure referred to in paragraph 1, they shall 
transmit to the Central Unit (cid:214) System  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 
⌦ third country nationals or stateless persons ⌫ referred to in paragraph 1. 

The fingerprint data of an alien ⌦ third country national or a stateless person ⌫ as 
referred to in paragraph 1 shall be transmitted to the Central Unit (cid:214) System  solely 
for  the  purpose  of  comparison  with  the  fingerprint  data  of  applicants  for  asylum 
(cid:214) international  protection   transmitted  by  other  Member  States  and  already 
recorded in the central database (cid:214) Central System . 

The  fingerprint  data  of  such  an  alien  ⌦ third  country  national  or  a  stateless 
person ⌫  shall  not  be  recorded  in  the  central  database  (cid:214) Central  System ,  nor 

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26 

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4. 

5. 

1. 

2. 

shall  they  be  compared  with  the  data  transmitted  to  the  Central  Unit  (cid:214) System  
pursuant to Article 8(2) 10(2). 

As regards the comparison of fingerprint data transmitted under this Article with the 
fingerprint data of applicants for asylum (cid:214) international protection  transmitted by 
other  Member  States  which  have  already  been  stored  in  the  Central  Unit 
(cid:214) System , the procedures provided for in Article 4(3) (5) and (6) 6(3) and (5) as 
well as the provisions laid down pursuant to Article 4(7) shall apply. 

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 under paragraph 1; and 

(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. 

CHAPTER V 

RECOGNISED REFUGEES⌦ PERSONS GRANTED 
INTERNATIONAL PROTECTION ⌫  

Article 12 

Blocking of data 

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. 

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): 

EN 

27 

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(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. 

5. 

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

(cid:216) new 

Article 14  

Marking of data 

1. 

2. 

The  Member  State  of  origin  which  granted  international  protection  to  an  applicant 
for international protection whose data were previously recorded pursuant to Article 
6  in  the  Central  System  shall  mark  the  relevant  data  in  conformity  with  the 
requirements  for  electronic  communication  with  the  Central  System  established  by 
the  Management  Authority.  This  mark  shall  be  stored  in  the  Central  System  in 
accordance with Article 8 for the purpose of transmission under Article 6(5).  

The Member State of origin shall unmark data concerning a third country national or 
stateless person whose data were previously marked in accordance with paragraph 1 
if  his  or  her  status  is  revoked  or  ended  or  renewal  of  his  status  is  refused  under 
Article 14 or 19 of Council Directive 2004/83/EC.  

(cid:208) 2725/2000/EC (adapted) 
(cid:214) new 

CHAPTER VI 

DATA USE, DATA PROTECTION AND LIABILITY 

Article 15 13 

Responsibility for data use 

1. 

The Member State of origin shall be responsible for ensuring that: 

(a) fingerprints are taken lawfully; 

(b) fingerprint data and the other data referred to in Article 5(1) 7, Article 8(2) 10(2) 
and  Article  11(2)  13(2)  are  lawfully  transmitted  to  the  Central  Unit 
(cid:214) System ; 

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2. 

3. 

4. 

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

(cid:214) System ; 

(d)  without  prejudice  to  the  responsibilities  of  the  Commission,  data  in  the  central 
database  (cid:214) Central  System   are  lawfully  recorded,  stored,  corrected  and 
erased; 

(e)  the  results  of  fingerprint  data  comparisons  transmitted  by  the  Central  Unit 

(cid:214) System  are lawfully used. 

In accordance with Article 1419, 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 (cid:214) System  as well as the security of the data it receives from the Central Unit 
(cid:214) System . 

The  Member  State  of  origin  shall  be  responsible  for  the  final  identification  of  the 
data pursuant to Article 4(6) 17(4). 

The  Commission  shall  ensure  that  the  Central  Unit  (cid:214) System   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  (cid:214) with   in  the  Central  Unit 
(cid:214) System  use the data recorded ⌦ therein ⌫ in the central database only 
in accordance with the purpose of EurodacEURODAC as laid down in Article 
1(1); 

(b) ensure that persons working in the Central System 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; 

(b)  (c)  take  the  necessary  measures  to  ensure  the  security  of  the  Central  Unit 

(cid:214) System  in accordance with Article 14 19; 

(c)  (d)  ensure  that  only  persons  authorised  to  work  (cid:214) with   in  the  Central  Unit 
(cid:214) System   have  access  ⌦ thereto ⌫  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 competences of the European Data Protection Supervisor ⌫. 

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

(cid:208) 407/2002/EC Article 2 
(adapted) 
(cid:214) new 

Article 162 

Transmission 

1. 

Fingerprints shall be digitally processed and transmitted in the data format referred to 
in  Annex  I.  As  far  as  it  is  necessary  for  the  efficient  operation  of  the  Central  Unit 
(cid:214) System ,  the  Central  Unit  ⌦ Management  Authority ⌫  shall  establish  the 

EN 

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2. 

3. 

4. 

technical requirements for transmission of the data format by Member States to the 
Central  Unit  (cid:214) System   and  vice  versa.  The  Central  Unit  ⌦ Management 
Authority ⌫ shall ensure that the fingerprint data transmitted by the Member States 
can be compared by the computerised fingerprint recognition system. 

Member  States  should  transmit  the  data  referred  to  in  Article  5(1)  7,  Article  10(2) 
and Article 13(2) of the Eurodac Regulation electronically. (cid:214) The data referred to in 
Article 7 and Article 10(2) shall be automatically recorded in the Central System.  
As far as it is necessary for the efficient operation of the Central Unit (cid:214) System , 
the  Central  Unit  ⌦ Management  Authority ⌫  shall  establish  the  technical 
requirements to ensure that data can be properly electronically transmitted from the 
Member States to the Central Unit (cid:214) System  and vice versa. Transmission of data 
in paper form using the form set out in Annex II or by other means of data support 
(diskettes,  CD-ROM  or  other  means  of  data  support  which  may  be  developed  and 
generally used in future) should be limited to situations in which there are continuous 
technical problems. 

The reference number referred to in Article 5(1)(d) 7(d) and Article 10(2)(d) of the 
Eurodac  Regulation  shall  make  it  possible  to  relate  data  unambiguously  to  one 
particular person and to the Member State which is transmitting the data. In addition, 
it  shall  make  it  possible  to  tell  whether  such  data  relate  to  an  asylum  seeker  or  a 
person referred to in Article 8 or Article 11 of the Eurodac Regulation6, Article 10 or 
Article 13.  

The reference number shall begin with the identification letter or letters by which, in 
accordance with the norm referred to in Annex I, the Member State transmitting the 
data  is  identified.  The  identification  letter  or  letters  shall  be  followed  by  the 
identification of the category of person. "1" refers to data relating to asylum seekers 
⌦ persons referred to in Article 6 ⌫, "2" to persons referred to in Article 8 10 of 
the Eurodac Regulation and "3" to persons referred to in Article 11 13 of the Eurodac 
Regulation.  

5. 

4.6. 

The  Central  Unit  ⌦ Management  Authority ⌫  shall  establish  the  technical 
procedures  necessary  for  Member  States  to  ensure  receipt  of  unambiguous  data  by 
the Central Unit (cid:214) System . 

The Central Unit (cid:214) System  shall confirm receipt of the transmitted data as soon 
as  possible.  To  this  end  the  Central  Unit  ⌦ Management  Authority ⌫  shall 
establish the necessary technical requirements to ensure that Member States receive 
the confirmation receipt if requested. 

(cid:208) 407/2002/EC Article 3 
(cid:214) new 

Article 173 

Carrying out comparisons and transmitting results 

1. 

Member  States  shall  ensure  the  transmission  of  fingerprint  data  in  an  appropriate 
quality  for  the  purpose  of  comparison  by  means  of  the  computerised  fingerprint 
recognition  system.  As  far  as  it  is  necessary  to  ensure  that  the  results  of  the 

EN 

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comparison by the Central Unit (cid:214) System  reach a very high level of accuracy, the 
Central  Unit  (cid:214) Management  Authority   shall  define  the  appropriate  quality  of 
transmitted fingerprint data. The Central Unit (cid:214) System  shall, as soon as possible, 
check the quality of the fingerprint data transmitted. If fingerprint data do not lend 
themselves to comparison using the computerised fingerprint recognition system, the 
Central  Unit  (cid:214) System   shall,  as  soon  as  possible,  request  the  Member  State  to 
transmit fingerprint data of the appropriate quality. 

The Central Unit (cid:214) System  shall carry out comparisons in the order of arrival of 
requests. Each request must be dealt with within 24 hours. In the case of data which 
are  transmitted  electronically,  a  Member  State  may  for  reasons  connected  with 
national  law  require  particularly  urgent  comparisons  to  be  carried  out  within  one 
hour.  Where  these  times  cannot  be  respected  owing  to  circumstances  which  are 
outside  the  Central  Unit  (cid:214) Management  Authority's   responsibility,  the  Central 
Unit (cid:214) System   shall  process  the  request  as  a  matter of  priority as soon as those 
circumstances  no  longer  prevail.  In  such  cases,  as  far  as  it  is  necessary  for  the 
the  Central  Unit  (cid:214) System  
the  Central  Unit 
efficient  operation  of 
(cid:214) Management Authority  shall establish criteria to ensure the priority handling of 
requests. 

, 

As far as it is necessary for the efficient operation of the Central Unit (cid:214) System  , 
the  Central  Unit  (cid:214) Management  Authority   shall  establish  the  operational 
procedures for the processing of the data received and for transmitting the result of 
the comparison. 

(cid:208) 2725/2000/EC Article 4(6) 
(adapted) 
(cid:214) new 

The results of 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  1532  of  the 
Dublin Convention ⌦ Regulation ⌫. 

Information received from the Central Unit (cid:214) System  relating to other data found 
to be unreliable shall be erased or destroyed as soon as the unreliability of the data is 
established. 

(cid:216) new 

Where final identification in accordance with paragraph 4 reveal that the result of the 
comparison  received  from  the  Central  System  is  inaccurate,  Member  States  shall 
communicate this fact to the Commission and to the Management Authority.  

The Member State which assumes responsibility in accordance with Article 17 of the 
Dublin  Regulation  shall  transmit  a  transaction  indicating  this  fact  regarding  the 
relevant data recorded in the Central System pursuant to Article 6 of this Regulation, 
in  conformity  with  the  requirements  for  electronic  communication  with  the  Central 
System  established  by  the  Management  Authority.  This information shall be  stored 
in accordance with Article 8 for the purpose of transmission under Article 6(5).  

2. 

3. 

4. 

5. 

6. 

EN 

31 

   EN 

 
 
 
(cid:208) 407/2002/EC (adapted) 
(cid:214) new 

Article 184 

Communication between Member States and the Central Unit (cid:214) System  

Data transmitted from the Member States to the Central Unit (cid:214) System  and vice 
versa shall use IDA generic services referred to in Decision No 1719/1999/EC of the 
European  Parliament  and  of  the  Council  of  12  July  1999  on  a  series  of  guidelines, 
including  the  identification  of  projects  of  common  interest,  for  trans-European 
networks for the electronic interchange of data between administrations (IDA) (cid:214) the 
Communication  Infrastructure  to  be  provided  by  the  Management  Authority .  As 
far as it is necessary for the efficient operation of the Central Unit (cid:214) System , the 
Central Unit ⌦ Management  Authority ⌫ shall establish the technical procedures 
IDA  generic  services  (cid:214) the  Communication 
necessary 
Infrastructure . 

the  use  of 

for 

(cid:208) 2725/2000/EC 

Article 19 

Joint supervisory authority 

1. 

2. 

3. 

4. 

5. 

6. 

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 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  the  examination  of 
implementation  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  recommendations  for  common  solutions  to  existing 
problems. 

In the performance of its duties, the joint supervisory authority shall, if necessary, be 
actively supported by the national supervisory authorities. 

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

The Commission shall assist the joint 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  to  the  data 
stored in the system and allow it access to all its premises, at all times. 

EN 

32 

   EN 

 
 
 
7. 

8. 

9. 

10. 

11. 

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. 

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  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  joint  supervisory  authority 
shall not receive instructions from any government or body. 

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. 

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. 

Article 14 

Security 

1. 

The Member State of origin shall take the necessary measures 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); 

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

erased by unauthorised persons (control of data media); 

(c)  guarantee  that  it  is  possible  to  check  and  establish  a  posteriori  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). 

2. 

As regards the operation of the Central Unit, the Commission shall be responsible for 
applying the measures mentioned under paragraph 1. 

EN 

33 

   EN 

 
(cid:216) new 

Article 19 

Data security 

1. 

2. 

The Member State responsible shall ensure the security of the data before and during 
transmission to the Central System. Each Member State shall ensure the security of 
the data which it receives from the Central System. 

Each  Member  State  shall,  in  relation  to  its  national  system,  adopt  the  necessary 
measures, including a security plan, in order to: 

(a) physically protect data, including by making contingency plans for the protection 

of critical infrastructure; 

(b) deny unauthorised persons access to national installations in which the Member 
State  carries  out  operations  in  accordance  with  the  purpose  of  EURODAC 
(checks at entrance to the installation); 

(c) prevent the unauthorised reading, copying, modification or removal of data media 

(data media control);  

(d)  prevent  the  unauthorised  input  of  data  and  the  unauthorised  inspection, 

modification or deletion of stored personal data (storage control); 

(e) prevent the unauthorised processing of data in EURODAC and any unauthorised 
modification  or  deletion  of  data  processed  in  EURODAC  (control  of  data 
entry); 

(f) ensure that persons authorised to access EURODAC have access only to the data 
covered by their access authorisation, by means of individual and unique user 
identities and confidential access modes only (data access control); 

(g)  ensure  that  all  authorities  with  a  right  of  access  to  EURODAC  create  profiles 
describing  the functions and responsibilities of persons who are  authorised to 
access,  enter,  update,  delete  and  search  the  data  and  make  these  profiles 
available  to  the  National  Supervisory  Authorities  referred  to  in  Article  24 
without delay at their request (personnel profiles); 

(h) ensure that it is possible to verify and establish to which bodies personal data may 
be transmitted using data communication equipment (communication control); 

(i) ensure that it is possible to verify and establish what data have been processed in 
EURODAC, when, by whom and for what purpose (control of data recording); 

(j)  prevent  the  unauthorised  reading,  copying,  modification  or  deletion  of  personal 
data during the transmission of personal data to or from EURODAC or during 
the  transport  of  data  media,  in  particular  by  means  of  appropriate  encryption 
techniques (transport control); 

(k)  monitor  the  effectiveness  of  the  security  measures  referred  to  in  this  paragraph 
and take the necessary organisational measures related to internal monitoring to 
ensure compliance with this Regulation (self-auditing). 

EN 

34 

   EN 

 
 
3. 

The Management Authority shall take the necessary measures in order to achieve the 
objectives set out in paragraph 2 as regards the operation of EURODAC, including 
the adoption of a security plan. 

(cid:208) 2725/2000/EC (adapted) 
(cid:214) new 

Article 20 15 

1. 

2. 

3. 

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

The  Member  State  of  origin  shall  have  access  to  data  which  it  has  transmitted  and 
which are recorded in the central database (cid:214) Central System  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) 6(5). 

The authorities of Member States which, pursuant to paragraph 1, have access to data 
recorded  in  the  central  database  (cid:214) Central  System   shall  be  those  designated  by 
each Member State (cid:214) for the purpose of Article 1(1). This designation shall specify 
the  exact  unit  responsible  for  carrying  out  tasks  related  to  the  application  of  this 
Regulation.   Each  Member  State  shall  without  delay  communicate  to  the 
Commission  (cid:214) and  the  Management  Authority   a  list  of  those  authorities  (cid:214) and 
any amendments thereto. The Management Authority shall publish the consolidated 
list  in  the  Official  Journal  of  the  European  Union.  Where  there  are  amendments 
thereto, the Management Authority shall publish once a year an updated consolidated 
list.  

Only the Member State of origin shall have the right to amend the data which it has 
transmitted  to  the  Central  Unit  (cid:214) System   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) 8 or Article 12(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  amend  or  erase  the  data  at  the  request  of  that 
Member State. 

4. 

If a Member State or the Central Unit (cid:214) Management Authority  has evidence to 
suggest that data recorded in the central database (cid:214) Central System  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  (cid:214) Central  System   contrary  to  this  Regulation,  it  shall  similarly  advise 
⌦  the  Commission  and  ⌫  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. 

EN 

35 

   EN 

 
 
5. 

The Central Unit (cid:214) Management Authority  shall not transfer or make available to 
the authorities of any third country data recorded in the central database (cid:214) Central 
System ,  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 examining an application for asylum (cid:214) international protection . 

Article 21 

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 

– 

– 

– 

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 implications 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). 

1. 

2. 

3. 

Article 21 16 

Keeping of records by the Central Unit 

The  Central  Unit  (cid:214) Management  Authority   shall  keep  records  of  all  data 
processing operations within the Central Unit (cid:214) System . 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 ⌦ entering ⌫  in  or  retrieving 
the data and the persons responsible. 

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 
14 19. The records must be protected by appropriate measures against unauthorised 
access and erased after a period of one year (cid:214) after the retention period referred to in 
Article 8 and in Article 12(1) has expired , if they are not required for monitoring 
procedures which have already begun.  

(cid:216) new 

Each  Member  State  shall  take  the  necessary  measures  in  order  to  achieve  the 
objectives set out in paragraph 1 and 2 in relation to its national system. In addition, 
each Member State shall keep records of the staff duly authorised to enter or retrieve 
the data. 

EN 

36 

   EN 

 
 
(cid:208) 2725/2000/EC (adapted) 
(cid:214) new 

Article 22 

Committee 

1. 

2. 

The Commission shall be assisted by a committee. 

In the cases where reference is made to this paragraph, 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. 

1. 

2. 

3. 

1. 

Article 22 17 

Liability 

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 Regulation 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  under  this  Regulation 
causes damage to the central database (cid:214) Central System , that Member State shall 
the  Commission 
be  held 
⌦ Management  Authority  or  another  Member  State ⌫  failed  to  take  reasonable 
steps to prevent the damage from occurring or to minimise its impact. 

liable  for  such  damage,  unless  and 

insofar  as 

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 23 18 

Rights of the data subject 

A person covered by this Regulation shall be informed by the Member State of origin 
(cid:214) in  writing,  and  where  appropriate,  orally,  in  a  language  which  he  or  she  is 
reasonably supposed to understand  of the following: 

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

(b)  regarding  the  purpose  for  which  the  ⌦ his  or  her ⌫  data  will  be  processed 
within EurodacEURODAC (cid:214) including a description of the aims of the Dublin 
Regulation, in accordance with Article 4 of that Regulation ; 

(c) the recipients of the data; 

EN 

37 

   EN 

 
 
(d)  in  relation  to  a  person  covered  by  Article  4  6  or  Article  8  10,  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⌦ relating  to  them,  and  the  right  to  request  that  inaccurate  data 
relating to them be corrected ⌫ (cid:214) or that unlawfully processed data relating 
to them be deleted, including the right to receive information on the procedures 
for exercising those rights and the contact details of the National Supervisory 
Authorities referred to in Article 25(1), which shall hear claims concerning the 
protection of personal data . 

In relation to a person covered by Article 4 6 or Article 8 10, 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  13,  the  information  referred  to  in  the 
first subparagraph shall be provided no later than the time when the data relating to 
the person are transmitted to the Central Unit (cid:214) System . This obligation shall not 
apply where the provision of such information proves impossible or would involve a 
disproportionate effort. 

Where  the  applicant  for  international  protection  is  a  minor,  Member  States  shall 
provide the information in an age-appropriate manner.  

(cid:216) new 

(cid:208) 2725/2000/EC 
(cid:214) new 

2. 

3. 

4. 

5. 

In each Member State any data subject may, in accordance 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 information in accordance with 
point (a) of Article 12 of Directive 95/46/EC, the data subject shall have the right to 
obtain communication of the data relating to him/her recorded in the central database 
(cid:214) Central System  and of the Member State which transmitted them to the Central 
Unit (cid:214) System . Such access to data may be granted only by a Member State. 

In  each  Member  State,  any  person  may  request  that  data  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. 

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  lawfulness  of  their  transmission  and 
recording in the central database (cid:214) Central System . 

If  it  emerges  that  data  recorded  in  the  central  database  (cid:214) Central  System   are 
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) 

EN 

38 

   EN 

 
 
 
6. 

7. 

8. 

9. 

20(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. 

If the Member State which transmitted the data does not agree that data recorded in 
the  central  database  (cid:214) Central  System   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  appropriate,  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. 

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 cooperate actively to enforce 
promptly the rights laid down in paragraphs 3, 4 and 5. 

(cid:216) new 

Whenever a person requests data relating to him or her in accordance with paragraph 
1,  the  competent  authority  shall  keep  a  record  in  the  form  a  written  document  that 
such  a  request  was  made,  and  shall  make  this  document  available  to  the  National 
Supervisory Authorities referred to in Article 25 without delay, upon their request. 

(cid:208) 2725/2000/EC (adapted) 
(cid:214) new 

9. 10. 

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. 

10. 11.  The  national  supervisory  authority  of  the  Member  State  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 supervisory authority set 
up by Article 20. 

11. 12.  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. 

EN 

39 

   EN 

 
 
 
12. 13.  Any  person  may,  in  accordance  with  the  laws,  regulations  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 (cid:214) Central System , in order to 
exercise his/her rights under paragraph 3. The obligation of the national supervisory 
authorities to assist and, where requested, advise the data subject, in accordance with 
paragraph 10 11 , shall subsist throughout the proceedings. 

1. 

2. 

1. 

2. 

Article 24 19 

⌦ Supervision by the ⌫ National Ssupervisory Aauthority 

Each  Member  State  shall  provide  that  the  national  supervisory  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 transmission to the Central Unit (cid:214) System . 

Each Member State shall ensure that its national supervisory authority has access to 
advice from persons with sufficient knowledge of fingerprint data.  

(cid:216) new 

Article 25 

Supervision by the European Data Protection Supervisor 

The  European  Data  Protection  Supervisor  shall  check  that  the  personal  data 
processing activities of the Management Authority are carried out in accordance with 
this  Regulation.  The  duties  and  powers  referred  to  in  Articles  46  and  47  of 
Regulation (EC) No 45/2001 shall apply accordingly. 

The  European  Data  Protection  Supervisor  shall  ensure  that  an  audit  of  the 
Management  Authority's  personal  data  processing  activities  is  carried  out  in 
accordance with international auditing standards at least every four years. A report of 
such  audit  shall  be  sent  to  the  European  Parliament,  the  Council,  the  Management 
the  National  Supervisory  Authorities.  The 
Authority, 
Management Authority shall be given an opportunity to make comments before the 
report is adopted. 

the  Commission  and 

Article 26 

Cooperation between National Supervisory Authorities and the European Data Protection 
Supervisor 

1. 

The National Supervisory Authorities and the European Data Protection Supervisor, 
each acting within the scope of its respective competences, shall cooperate actively 
in the framework of their responsibilities and shall ensure coordinated supervision of 
EURODAC. 

EN 

40 

   EN 

 
 
2. 

3. 

1. 

2. 

3. 

1. 

2. 

They  shall,  each  acting  within  the  scope  of  its  respective  competences,  exchange 
relevant  information,  assist  each  other  in  carrying  out  audits  and  inspections, 
examine  difficulties  of  interpretation  or  application  of  this  Regulation,  study 
problems with the exercise of independent supervision or in the exercise of the rights 
of  data  subjects,  draw  up  harmonised  proposals  for  joint  solutions  to  any  problems 
and promote awareness of data protection rights, as necessary. 

The National Supervisory Authorities and the European Data Protection Supervisor 
shall  meet  for  that  purpose  at  least  twice  a  year.  The  costs  and  servicing  of  these 
meetings shall be for the account of the European Data Protection Supervisor. Rules 
of procedure shall be adopted at the first meeting. Further working methods shall be 
developed  jointly  as  necessary.  A  joint  report  of  activities  shall  be  sent  to  the 
European Parliament, the Council, the Commission and the Management  Authority 
every two years. 

(cid:208) 2725/2000/EC (adapted) 
(cid:214) new 

CHAPTER VII 

FINAL PROVISIONS 

Article 27 21 

Costs 

The costs incurred in connection with the establishment and operation of the Central 
Unit  (cid:214) Central  System  and  the  Communication  Infrastructure   shall  be  borne  by 
the general budget of the European Union. 

The costs incurred by national units and the costs for their connection to the central 
database (cid:214) Central System  shall be borne by each Member State. 

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 28 24 

Annual report:, mMonitoring and evaluation 

The  Commission  (cid:214) Management  Authority   shall  submit  to  the  European 
Parliament  and  the  Council  an  annual  report  on  the  activities  of  the  Central  Unit 
(cid:214) System .  The  annual  report  shall  include  information  on  the  management  and 
performance  of  EurodacEURODAC  against  pre-defined  quantitative  indicators  for 
the objectives referred to in paragraph 2. 

The  Commission  (cid:214) Management  Authority   shall  ensure  that  ⌦ procedures ⌫ 
systems  are  in  place  to  monitor  the  functioning  of  the  Central  Unit  (cid:214) System  
against  objectives  ⌦ relating  to ⌫  in  terms  of  outputs,  cost-effectiveness  and 
quality of service. 

EN 

41 

   EN 

 
 
3. 

4. 

3. 

4. 

5. 

6. 

7. 

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.  

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. 

(cid:216) new 

For the purposes of technical maintenance, reporting and statistics, the Management 
Authority  shall  have  access  to  the  necessary  information  relating  to  the  processing 
operations performed in the Central System. 

Every  two  years,  the  Management  Authority  shall  submit  to  the  European 
Parliament, the Council and the Commission a report on the technical functioning of 
the Central System, including the security thereof.  

(cid:208) 2725/2000/EC 
(cid:214) new 

the  Commission 

Three  years  after  Eurodac  starts  operations  (cid:214) the  start  of  application  of  this 
Regulation  as  provided  for  in  Article  33(2)   and  every  six  (cid:214) four   years 
of 
thereafter, 
EurodacEURODAC, examining results achieved against objectives and assessing the 
continuing validity of the underlying rationale, (cid:214) the application of this Regulation 
in  respect  of  the  Central  System,  the  security  of  the  Central  System,   and  any 
implications for future operations. (cid:214) The Commission shall transmit the evaluation 
to the European Parliament and the Council.  

evaluation 

produce 

overall 

shall 

an 

(cid:216) new 

Member  States  shall  provide  the  Management  Authority  and  the  Commission  with 
the information necessary to draft the reports referred to in paragraph 4 and 5.  

The  Management  Authority  shall  provide  the  Commission  with  the  information 
necessary to produce the overall evaluations referred to in paragraph 5.  

EN 

42 

   EN 

 
 
 
 
(cid:208) 2725/2000/EC (adapted) 
(cid:214) new 

Article 29 25 

Penalties 

Member  States  shall  ⌦ take  the  necessary  measures  to ⌫  ensure  that ⌦ any ⌫ 
use  of  data  recorded  ⌦ entered ⌫  in  the  central  database  (cid:214) Central  System  
contrary to the purpose of EurodacEURODAC as laid down in Article 1(1) shall be 
to  appropriate  penalties  ⌦ is  punishable  by  penalties, 
including 
subject 
administrative  and/or  criminal  penalties  in  accordance  with  national  law,  that  are 
effective, proportionate and dissuasive ⌫. 

Article 30 26 

Territorial scope 

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

(cid:216) new 

Article 31 

Transitional provision 

Data  blocked  in  the  Central  System  in  accordance  with  Article  12  of  Council 
Regulation  (EC)  No  2725/2000/EC  shall  be  unblocked  and  marked  in  accordance 
with Article 14(1) of this Regulation on the date provided for in Article 33(2).  

(cid:208) 

Article 32 

Repeal 

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 and Council Regulation (EC) No 407/2002 of 
28  February  2002  laying  down  certain  rules  to  implement  Regulation  (EC)  No 
2725/2000  concerning  the  establishment  of  "Eurodac"  for  the  comparison  of 
fingerprints for the effective application of the Dublin Convention are repealed with 
effect from the date provided for in Article 33(2). 

EN 

43 

   EN 

 
 
 
 
References  to  the  repealed  Regulations  shall  be  read  in  accordance  with  the 
correlation table in Annex II.  

(cid:208) 2725/2000/EC Article 27 
(adapted) 
(cid:214) new 

Article 33 27 

Entry into force and applicability 

1. 

2. 

This  Regulation  shall  enter  into  force  on  the  ⌦ twentieth ⌫  day  ⌦ following 
that ⌫  of  its  publication  in  the  Official  Journal  of  the  European  Communities 
⌦ Union ⌫. 

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 
⌦ Union ⌫, 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  (cid:214) System   in 
accordance with ⌦ this Regulation ⌫ 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  arrangements  for  the  Central 
in  accordance  with  ⌦ this 
Unit  (cid:214) System  
Regulation ⌫  the  implementing  rules adopted under  Article  4(7)  and Article 
12(5). 

to  begin  operations 

3. 

Member States shall notify the Commission as soon as the arrangements referred to 
in paragraph 2(a) have been made, and in any event no later than 12 months from the 
date of the entry into force of this Regulation.  

(cid:216) new 

4. 

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, […] 

(cid:208) 2725/2000/EC 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

EN 

44 

   EN 

 
 
 
 
(cid:208) 407/2002/EC 
(cid:214) new 

Annex I 

Data format for the exchange of fingerprint data 

The following format is prescribed for the exchange of fingerprint data: 

ANSI/NIST - CSL 1 1993 (cid:214) ANSI/NIST-ITL 1a-1997, Ver.3, June 2001 (INT-1)  
and any future further developments of this standard.  

Norm for Member State identification letters 

The following ISO norm will apply: ISO 3166 - 2 letters code. 

EN 

45 

   EN 

 
 
 
Annex II 

EN 

46 

   EN 

 
 
(cid:207) 

ANNEX II 
Repealed Regulations 
(referred to in Article 32) 

Council Regulation (EC) No 2725/2000/EC 

(OJ L 316, 15.12.2000, p. 1.) 

Council Regulation (EC) No 407/2002/EC 

(OJ L 062, 05.03.2002 p. 1.) 

EN 

47 

   EN 

 
 
 
 
ANNEX III 
Correlation table 

Regulation 2725/2000/EC 

This Regulation 

Article 1(1) 

Article 1(2), first 
subparagraph 

Article 1(2), second 
subparagraph 

Article 1(3) 

Article 3(1) 

Article 2 

Article 3(2) 

Article 3(3) 

Article 3(4) 

Article 4(1) 

Article 4(2) 

Article 4(3) 

Article 4(4) 

Article 4(5) 

Article 4(6) 

Article 5 

Article 6 

Article 7 

Article 8 

Article 9 

Article 10 

Article 1(1) 

Article 3(1) 

Article 3(4) 

Article 1(2) 

Article 3(3) 

Article 2 

Article 3(3) 

Article 5 

- 

Article 6(1) 

deleted 

Article 6(3) 

Article 6(4) 

Article 6(5) 

Article 17(4) 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 11(1)-(4) 

Article 13(1)-(4) 

EN 

48 

   EN 

 
 
Article 11(5) 

- 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

Article 17 

Article 18 

Article 19 

Article 20 

Article 21 

Article 22 

Article 24 

Article 23 

Article 24 

Article 25 

Article 26 

Article 27 

- 

- Article 14 

Article 15 

- Article 19 

Article 20 

Article 21 

Article 22 

Article 23 

Article 24 

Article 25 

Article 27 

- 

Article 27 

- 

Article 28 

Article 29 

Article 30 

Article 33 

Annex II 

EN 

49 

   EN 

 
 
Regulation 407/2002/EC 

This Regulation 

Article 2 

Article 3 

Article 4 

Article 16 

Article 17 

Article 18 

Article 5(1) 

Article 3(2) 

Annex I 

Annex II 

Annex I 

- 

EN 

50 

   EN 

 
 
 
ANNEX IV 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Proposal for a Regulation of the European Parliament and the Council concerning the 
establishment  of  'Eurodac'  for  the  comparison  of  fingerprints  for  the  effective 
application of Regulation (EC) No […/…].33  

2. 

ABM / ABB FRAMEWORK  

Policy Area: Area of Freedom, Security and Justice (title 18) 

Activities:  

Migration flows — Common immigration and asylum policies (chapter 18.03) 

3. 

3.1. 

BUDGET LINES  

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B.A lines)) including headings: 

Financial framework 2007-2013: Heading 3A  

Budget line: 18.03.11 - Eurodac 

3.2. 

Duration of the action and of the financial impact: 

It is envisaged that the Regulation will be adopted end of 2010. 

3.3. 

Budgetary characteristics: 

Budget 
line 

18.03.11. 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

Diff34 

Non-comp 

NO 

NO 

NO 

3A 

33 

34 

The present legislative financial statement only deals with the costs foreseen to occur with respect to the 
changes  introduced  by  the  present  amendment,  hence  it  does  not  deal  with  the  costs  of  regular 
management of EURODAC. 
Differentiated appropriations 

EN 

51 

   EN 

 
 
 
 
 
 
                                                 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

EUR million (to 3 decimal places) 

Expenditure type 

Section 
no. 

Year 
2010 

2011 

2012 

2013 

n+4 

n + 5 
and 
later 

Total 

Operational expenditure35 

Commitment Appropriations 
(CA) 

8.1. 

Payment 
(PA) 

Appropriations 

a 

b 

0.000  0.115 

0.000 

0.000 

0.000  0.115 

0.000 

0.000 

0.115 

0.115 

Administrative expenditure within reference amount36 

Technical  &  administrative 
assistance (NDA) 

8.2.4. 

c 

TOTAL REFERENCE AMOUNT 

0.000  0.000 

0.000 

0.000 

0.000 

Commitment 
Appropriations 

0.000  0.115 

0.000 

0.000 

a+c 

Payment Appropriations 

b+c  0.000  0.115 

0.000 

0.000 

Administrative expenditure not included in reference amount37 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

8.2.5. 

d 

Administrative  costs,  other 
than  human  resources  and 
not 
associated 
included 
reference 
in 
amount (NDA) 

costs, 

8.2.6. 

e 

0.000  0.061 

0.000 

0.000 

0.000  0.002 

0.000 

0.000 

Total indicative financial cost of intervention 

TOTAL CA including cost 
of Human Resources 

TOTAL  PA  including  cost 
of Human Resources 

0.000  0.178 

0.000 

0.000 

0.000  0.178 

0.000 

0.000 

a+c
+d+
e 

b+c
+d+
e 

Co-financing details 

No co-financing is anticipated. 

0.115 

0.115 

0.061 

0.002 

0.178 

0.178 

EUR million (to 3 decimal places) 

35 
36 
37 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

EN 

52 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
n + 1 

n + 2 

n + 3 

n + 4 

Year 
n 

n  +  5 
and 
later 

Total 

Co-financing body 

…………………… 

TOTAL  CA  including  co-
financing 

f 

a+c
+d+
e+f 

4.1.2.  Compatibility with Financial Programming 

X 

(cid:133) 

(cid:133) 

Proposal is compatible with existing financial programming. 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement38 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on Revenue 

X 

(cid:133) 

Proposal has no financial implications on revenue 

Proposal has financial impact – the effect on revenue is as follows: 

Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

[Year 
n] 

[n+1] 

[n+2] 

[n+3] 

[n+4]  [n+5]

39

Prior to
action 
[Year n-
1] 

a) Revenue in absolute terms 

b) Change in revenue 

 ∆ 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

Year 
2010 

2011 

2012 

2013 

n + 5 

Total number of human resources 

0 

0.5 

0 

0 

38 
39 

See points 19 and 24 of the Interinstitutional agreement. 
Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years 

EN 

53 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

In order to inform Member States of the status of those applicants who have in fact 
been  already  granted  international  protection  in  a  Member  State,  data  on  refugees 
should be deblocked (i.e. made available for searches). 

In order to better facilitate the application of the Dublin Regulation, Member States 
will be required to indicate in EURODAC the fact that they apply the discretionary 
clauses provided for by that Regulation, ie. assume responsibility for the assessment 
of the claim of an applicant for whom they would not normally be responsible under 
the criteria of the Dublin Regulation.  

In order to ensure consistency with the asylum acquis, the scope of the Regulation is 
proposed to be extended to cover subsidiary protection.  

In order to ensure consistency with the asylum acquis, the storage period for data on 
third  country  nationals  or  stateless  persons  fingerprinted  in  connection  with  the 
irregular  crossing  of  an  external  border  is  proposed  to  be  aligned  with  the  period 
until  which  Article  14(1)  of  the  Dublin  Regulation  allocates  responsibility  on  the 
basis of that information (i.e. one year).  

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

This  proposal  will  provide  a  solution  to  the  issues  flagged  for  improvement  during 
the five years of operation of the already existing Community database. 

5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

The main objectives of the proposal is to improve the efficiency of EURODAC and 
to better address data protection concerns.  

The indicators would be the statistics on the operation of EURODAC, eg. those on 
missed hits and wrong hits, transmission delays, etc.  

5.4.  Method of Implementation (indicative) 

⌧  Centralised Management 

⌧ 

(cid:133) 

directly by the Commission 

indirectly by delegation to: 

(cid:133) 

(cid:133) 

executive Agencies 

bodies set up by the Communities as referred to in art. 185 of the 
Financial Regulation 

(cid:133) 

national public-sector bodies/bodies with public-service mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  with Member states 

(cid:133)  with Third countries 

(cid:133) 

Joint management with international organisations (please specify) 

In  the  future,  the  operational  management  of  EURODAC  could  transferred  to  a 
Agency  responsible  for  SIS  II,  VIS  and  other  IT  systems  in  the  area  of  Freedom, 

EN 

54 

   EN 

 
Security  and  Justice.  Regarding  the  setting  up  of  this  Agency,  a  separate  proposal 
will be presented by the Commission, assessing the relevant costs. 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

Monitoring of the efficiency of the changes introduced by the present proposal is to 
be  performed  in  the  framework  of  the  annual  reports  on  the  activities  of  the 
EURODAC Central Unit.  

Monitoring  of  data  protection  issues  will  be  performed  by  the  European  Data 
Protection Supervisor. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

The ex-ante evaluation has been included in the impact assessment.  

6.2.2.  Measures taken following an intermediate/ex-post evaluation (lessons  learned from 

similar experiences in the past) 

The Commission published its report on the evaluation of the Dublin system in June 
2007, covering the first 3 years of the operation of EURODAC (2003-2005). Whilst 
acknowledging  that  the  Regulation  is  applied  in  a  generally  satisfactory  way,  it 
identified certain issues related to the efficiency of the current legislative provisions 
and announced the issues which have to be tackled in order to improve EURODAC's 
support to facilitate the application of the Dublin Regulation.  

6.2.3.  Terms and frequency of future evaluation 

Regular evaluation is proposed to be ensured by the Commission and, after its set-up, 
also the Management Authority. 

7. 

ANTI-FRAUD MEASURES  

In order to combat fraud, corruption and other unlawful activities, the provisions of 
Regulation (EC) No 1037/1999 shall apply without restriction. 

EN 

55 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

Commitment appropriations in EUR million (to 3 decimal places) 

Type of output 

Av. 
cost 

Year 2010 

Year 2011 

Year 2012 

Year 2013 

Year n+4 

Year n+5 and 
later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

of 

(Headings 
Objectives, 
actions 
and 
outputs  should 
be provided) 

OPERATIONA
L  OBJECTIVE 
No.140 

Requirements 
deriving 
from 
the  EURODAC 
Regulation 

1 

Action 
Implementing 
new 
functionalities 
in 
EURODAC 
central system  

the 

New 
functionalities 
Output 1 

Overheads  and 
miscellaneous 
(15%) 

0.000 

0.100 

0.000 

0.000 

0.000 

0.015 

0.000 

0.000 

40 

As described under Section 5.3.  

EN 

56 

0.100 

0.015 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
TOTAL COST 

0.000 

0.115 

0.000 

0.000 

0.115 

EN 

57 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of post 

Staff to be assigned to management of the action using existing and/or 
additional resources (number of posts/FTEs) 

Year 2010  Year 2011  Year 2012  Year 2013  Year n+4  Year n+5 

0 

0.5 

0.0 

0.0 

0.0 

0.0 

Officials or 
temporary 
staff41 (XX 01 
01) 

A*/AD 

B*, 
C*/AST 

0 

0 

Staff  financed42  by  art. 
XX 01 02 

Other  staff43  financed by 
art. XX 01 04/05 

TOTAL 

0 

0.5 

0 

0 

8.2.2.  Description of tasks deriving from the action 

Deal with administrative and financial issues related to the contract with the system 
provider. 

Follow-up the implementation of the changes on the EURODAC IT system. 

Follow-up the tests by the Member States. 

8.2.3. 

Sources of human resources (statutory) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

⌧  Posts pre-allocated within the APS/PDB exercise for year n 

(cid:133) 

(cid:133) 

(cid:133) 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

Budget line 

(number and heading) 

EUR million (to 3 decimal places) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5  

and 

TOTAL 

41 
42 
43 

Cost of which is NOT covered by the reference amount 
Cost of which is NOT covered by the reference amount 
Cost of which is included within the reference amount 

EN 

58 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
later 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

Executive agencies44 

Other 

technical 

and 

administrative 

assistance 

- intra muros  

- extra muros 

Total  Technical  and  administrative 
assistance 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

EUR million (to 3 decimal places) 

Type of human resources 

Year 
2010 

Year 
2011 

Year 
2012 

Year 
2013 

Year n+4 

Year n+5 

and later 

0.000 

0.061 

0.000 

0.000 

Officials  and  temporary  staff 
(18 01 01) 

Staff  financed  by  Art  XX  01 
02  (auxiliary,  END,  contract 
staff, etc.) 

(specify budget line) 

cost 

of  Human 
Total 
Resources  and  associated 
costs 
in  reference 
amount) 

(NOT 

0.000 

0.061 

0.000 

0.000 

Calculation– Officials and Temporary agents financed under art. 18 01 01 01 

AD/AST – 122.000 EUR per year x 0.5 persons = 61.000 EUR (2010 -2011) 

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

44 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

EN 

59 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Year 
2010 

Year 
2011 

Year 
2012 

Year 
2013 

Year 
n+5 

Year 
n+5 

and 
later 

TOTAL 

18 01 02 11 01 – Missions 

0.000 

0.002 

0.000 

0.000 

0.002 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees45  

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

2 

Total 

Other  Management 

Expenditure (XX 01 02 11) 

3  Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

expenditure, 
than  human  resources  and 
in 

Total  Administrative 
other 
associated  costs  (NOT 
reference amount) 

included 

0.000 

0.002 

0.000 

0.000 

0.002 

45 

Specify the type of committee and the group to which it belongs. 

EN 

60 

   EN