Amended 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) {COM(2009) 344 final} {SEC(2009) 936} {SEC(2009) 937}
Date: 2009-07-08
Institutions: European Commission
Subjects: EU Member State, approximation of laws, biometrics, database management system, fight against crime, foreign national, right of asylum

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.9.2009 
COM(2009) 342 final 

2008/0242 (COD) 

Amended 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) 

{COM(2009) 344 final} 
{SEC(2009) 936} 
{SEC(2009) 937} 

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EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION 

EURODAC was established by Regulation (EC) No 2725/2000 concerning the establishment 
of  "Eurodac"  for  the  comparison  of  fingerprints  for  the  effective  application  of  the  Dublin 
Convention1. A recast proposal which aimed at amending this Regulation was adopted by the 
Commission in December 20082 (hereafter the December 2008 proposal). 

This proposal was designed to ensure a more efficient use of the EURODAC database for the 
purpose  of  determining  the  Member  State  responsible  for  examining  an  asylum  claim  (i.e. 
provide a more efficient support to the application of the Dublin Regulation) and to properly 
address data protection concerns. 

It  also  aligned  the  IT  management  framework  to  that  of  the  SIS  II  and  VIS  Regulations  by 
providing for the taking over of the tasks of the operational management for EURODAC by 
the  future  Agency  for  the  operational  management  of  large-scale  IT  systems  in  the  area  of 
freedom, security and justice3 (hereinafter: IT Agency). 

The  December  2008  proposal  also  proposed  to  repeal  the  Implementing  Regulation  and  to 
include its content in the EURODAC Regulation. 

Finally, changes were introduced to take into account developments in the asylum acquis and 
technical progress which took place since the adoption of the Regulation in 2000. 

The  proposal  was  sent  to  European  Parliament  and  the  Council  on  3  December  2008.  The 
European  Parliament  referred  the  proposal  to  its  Committee  on  Civil  Liberties,  Justice  and 
Home Affairs (LIBE).  

At  its  sitting  on  7  May  2009,  the  European  Parliament  adopted  a  legislative  resolution4 
endorsing the Commission proposal subject to a number of amendments. 

2. 

AMENDED PROPOSAL 

The current proposal amends the December 2008 proposal in order to, on the one hand, take 
into account the resolution of the European Parliament and the results of negotiations in the 
Council, and, on the other hand, introduce the possibility for Member States' law enforcement 
authorities  and  Europol  to  access  the  EURODAC  central  database  for  the  purposes  of 

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4 

OJ L 062, 05.03.2002, p. 1. 
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], COM(2008(825) final. 
The Proposal for a Regulation of the European Parliament and of the Council establishing an Agency 
for the operational management of large-scale IT systems in the area of freedom, security and justice 
[COM(2009) 293 final] was adopted on 24 June 2009. 
Establishment of 'Eurodac' for the comparison of fingerprints (recast), P6_TA(2009)0378. 

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prevention,  detection  and  investigation  of  terrorist  offences  and  other  serious  criminal 
offences.  

In case a person suspected to have committed an act of terrorism or a serious crime has been 
previously registered as an asylum seeker but is not in any other database or is only registered 
with  alphanumerical  data  (which  might  be  incorrect,  for  example  if  that  person  has  given  a 
wrong identity or used forged documents), the only information available to identify him/her 
might be the biometric information contained in EURODAC.  

The intention is now to allow consultation of EURODAC by law enforcement authorities for 
the purpose of prevention, detection and investigation of terrorist offences and other serious 
criminal offences. In order to do this it is necessary to amend the EURODAC Regulation to 
include explicitly this additional purpose. 

Therefore,  the  current  proposal  introduces  a  bridging  clause  to  permit  this  access  for  law 
enforcement  purpose  as  well  as  the  necessary  accompanying  provisions  and  amends  the 
December 2008 proposal.  

Comparison  of  fingerprints  in  possession  of  Member  States'  designated  law  enforcement 
authorities and Europol with those stored in the EURODAC database will only be possible in 
case  of  necessity  of  such  comparison  in  a  specific  case  under  well-defined  circumstances. 
Provisions on access to data and data security take into account access for law enforcement 
purposes.  

Since  the  European  Parliament  issued  its  report  on  the  recast  proposal  in  first  reading  on  
7 May 2009, it is understood that it should have the possibility of issuing a new report in first 
reading  on  the  current  proposal  which  includes  the  content  of  the  December  2008  proposal 
alongside the abovementioned modifications.  

This  proposal  is  presented  at  the  same  time  as  the  Proposal  for  a  Council  Decision  on 
requesting comparisons with EURODAC data by Member States' law enforcement authorities 
and  Europol  for  law  enforcement  purposes  (hereafter:  Council  Decision  No  […/…]JHA 
[EURODAC  law  enforcement  Decision,  spelling  out  the  exact  modalities  of  access  for  law 
enforcement purposes . 

General context 

The  Hague  Programme  called  for  the  improvement of the cross-border exchange of data  by 
law enforcement authorities, also by extending the access to existing data filing systems of the 
European Union.  

The conclusions of the Mixed Committee of the JHA Council of 12-13 June 2007 invited the 
Commission  to  present  as  soon  as  possible  the  necessary  proposals  to  achieve  the  aim  of 
granting  access  under  certain  conditions  to  EURODAC  to  Member  States'  law  enforcement 
authorities  and  Europol,  to  assist  them  in  the  course  of  their  duties  in  relation  to  the 
prevention,  detection  and  investigation  of  terrorist  offences  and  other  serious  criminal 
offences. 

The  impacts  of  the  access  for  law  enforcement  purposes  introduced  in  the  present  amended 
proposal are assessed by an Impact Assessment attached to this proposal.  

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3. 

CONSISTENCY WITH OTHER POLICIES 

This  proposal  is  fully  in  line  with  the  Hague  programme  of  2004,  the  European  Pact  on 
Immigration and Asylum endorsed by the European Council of 15-16 October 2008 and the 
Charter  of  Fundamental  Rights  of  the  European  Union,  in  particular  as  regards  the  right  to 
asylum and protection of personal data. 

Furthermore,  this  proposal  is  in  line  with  the  Commission's  Communication  to  the  Council 
and  the  European  Parliament  on  improved  effectiveness,  enhanced  interoperability  and 
synergies among European databases in the area of Justice and Home Affairs5, which noted 
that  the  Council  and  the  law  enforcement  community  identifies  the  absence  of  access  by 
internal  security  authorities  to  VIS,  SIS  II  immigration  and  EURODAC  data  as  a 
shortcoming, which results in a serious gap in the identification of suspected perpetrators of 
terrorist  or  serious  crimes.  Since  the  adoption  of  the  Communication  in  2005,  the  VIS 
Decision was adopted in order to grant law enforcement authorities and Europol access to that 
database.  

4. 

COMPLIANCE WITH THE CHARTER OF FUNDAMENTAL RIGHTS 

During  the  drafting  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.  

With regard to the special situation of persons seeking international protection, for instance, 
the  concern  was  raised  that  data  extracted  from  EURODAC  for  law  enforcement  purposes 
could end up in the hands of the countries from which the applicants fled and fear persecution. 
This  could  have  adverse  effects  on  the  applicant,  his  relatives  and  friends,  thus  potentially 
discouraging refugees from formally applying for international protection in the first place. As 
a result of this scrutiny, the proposal contains a specific prohibition of sharing personal data 
obtained pursuant to this proposal with third countries, organisations or entities. In addition, 
an  extensive  monitoring  and  evaluation  mechanism  of  the  proposal  is  foreseen.  This 
evaluation will include whether the operation of the search functionality for law enforcement 
purposes  will  have  led  to  the  stigmatisation  of  persons  seeking  international  protection. 
Furthermore,  in  order  to  ensure  that  the  processing  of  personal  data  for  law  enforcement 

5 

COM(2005) 597. 

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purposes  does  not  contravene  the  fundamental  right  to  the  protection  of  personal  data,  in 
particular  the  necessity  and  the  proportionality,  the  proposal  sets  out  strict  conditions  with 
regard to the access to EURODAC data by law enforcement authorities, which excludes that 
the  EURODAC  database  be  searched  on  a  routine  basis.  The  proposal  also  prohibits  the 
further processing for law enforcement purposes by clearly defining the kind of crimes which 
will  allow  access  to  EURODAC.  It  also  lays  down  strict  security  measures  to  ensure  the 
security of personal data processed and establishes supervision of the processing activities by 
independent  public  data  protection  authorities.  The  proposal  also  states  that  Directive 
95/46/EC  and  Regulation  45/2001/EC  apply  to  the  processing  of  personal  data  carried  out 
under the Regulation and that the processing of personal data carried out by law enforcement 
authorities  on  EURODAC  data  once  have  been  extracted  is  subject  to  Council  Framework 
Decision 2008/977/JHA. 

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 
System6 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.  

During  the  drafting  of  the  present  amended  proposal,  the  Commission  consulted  the  States 
applying the Dublin acquis, i.e. the Member States, Iceland, Norway and Switzerland, as well 
as  to  Europol  by  way  of  two  questionnaires  and  an  expert  meeting  which  took  place  in 
Brussels  on  25-26  September  2007,  during  which  the  experts  had  the  opportunity  to  clarify 
the  replies  to  the  questionnaire  and  express  further  views.  Several  intergovernmental 
organisations,  non-governmental  organisations  and  other  experts  working  in  the  area  of 
asylum, fundamental rights were consulted during a meeting in Brussels on 8 October 2007. 
Representatives  of  the  national  data  protection  authorities  of  the  States  that  implement  the 
Dublin  acquis,  as  well  as  the  Joint  Supervisory  Body  of  Europol  and  the  European  Data 
Protection Supervisor were consulted in the framework of a meeting held in Brussels on 11 
October 2007. 

A  detailed  list  of  consulted  parties  is  included  in  the  Impact  Assessment  attached  to  this 
proposal.  

6 

COM(2007) 301. 

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6. 

LEGAL BASIS 

This proposal amends the Commission 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] - COM(2008) 825.  

The  present  amended  proposal  uses  the  same  legal  base  as  the  original  proposal,  namely 
Article 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 
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  agreement7  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. 

7. 

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 20018; 

–  the agreement associating Switzerland, concluded on 28 February 20089; 

–  the protocol associating Liechtenstein, signed on 28 February 200810. 

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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 (OJ L 66, 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). 
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). 

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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 countries11. 

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. 

Since the amendment of the EURODAC Regulation to include a bridging clause to allow law 
enforcement  access  constitutes  a  development  of  the  Dublin/EURODAC  acquis  within  the 
terms  of  the  abovementioned  agreements,  the  described  procedure  applies  also  as  concerns 
this proposal.  

8. 

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.  

An  amendment  of  the  EURODAC  Regulation  is  also  required  in  order  to  add  a  secondary 
purpose thereto, namely allow access for the purpose to fight against terrorism and crime to 
data stored in the EURODAC central database. This objective cannot be sufficiently achieved 
by the Member States, since such amendment can only be proposed by the Commission.  

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11 

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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9. 

PROPORTIONALITY PRINCIPLE 

The  impact  assessment  published  along  with  the  December  2008  proposal12  assessed  each 
sub-option  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. 

The  relevant  Impact  Assessment  concluded  that  access  of  law  enforcement  authorities  to 
EURODAC is the only timely, accurate, secure and cost-efficient way to identify whether and 
if  so,  where  data  about  asylum  seekers  are  available  in  the  Member  States.  No  reasonable 
efficient alternative to EURODAC exists to establish or verify the exact identity of an asylum 
seeker that allows law enforcement authorities to obtain the same result.  

10. 

DETAILED EXPLANATION OF THE PROPOSAL 

10.1.  Modifications introduced following the European Parliament resolution 

In  its  legislative  resolution,  the  European  Parliament  broadly  supported  the  Commission 
proposal  and  proposed  mostly  editorial  amendments  along  with  some  substantial  ones.  The 
amendments are for the most part acceptable or partly acceptable, with some exceptions. The 
position of the Commission on each the amendments is detailed hereafter. 

10.1.1.  Amendments accepted 

Amendments 3, 5, 6, 10, 13, 15, 19, 20, 21, 22, 26, 27, 30, 39  

These amendments are accepted since they aim to correct inaccuracies and ensure consistency 
of the proposal. 

Amendments 12 and 29 

These  amendments  are  inserted  in  a  new  Article  8  (information  on  the  status  of  the  data 
subject) which merges Article 6(2) and 17(6) of the December 2008 proposal.  

Amendment 16, 17 and 18 

Although with slightly different wording, the substance of  these amendments is  accepted in 
article 12. 

Amendment 35 

This amendment, aiming to ensure that information is provided to the persons concerned 'in a 
language he or she understands or may reasonably be presumed to understand', is accepted in 
Article 25(1).  

Amendments 37 and 38 

These amendments are accepted since they contain clarifications of text concerning rights of 
the data subject (Article 25 of the present proposal).  

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SEC(2008) 2981. 

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10.1.2.  Amendments partly accepted 

Amendment 1 

As  it  appears  from  recital  2  of  the  present  proposal,  this  amendment  is  accepted  as  far  as  a 
reference  to  "international  protection"  is  concerned,  but  not  as  far  as  the  deletion  of  the 
expression "forced by circumstances" is concerned, for reasons of consistency with Council 
Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member 
States for granting and withdrawing refugee status13.  

Amendment 11 

The first part of the amendment, which splits the deadline for taking and sending fingerprints 
in two parts,  is not acceptable, since such an approach could create practical difficulties for 
Member States. However, it is accepted to extend the deadline for transmission to 72 hours (in 
conformity  with  the  EP  proposal  of  48  hours  plus  24  hours)  and  Article  7  is  modified 
accordingly.  The  second  part  of  the  amendments  which  proposes  exceptions  to  the  general 
rule is generally acceptable, but a different wording is proposed in order to take into account 
the results of the discussion in the Council.  

Amendment 25 

The first part of the amendment adding a new reference to the reference number used when 
searching a transaction on a third country national or stateless person found illegally present 
in a Member State is accepted (in Article 18(3) of the present proposal).  

Amendment 42 

The wording of this amendment is reflected in Article 5(4). 

10.1.3.  Amendments which cannot be accepted 

Amendment 4 and 14 

The  amendments  on  Article  9  and  the  related  recital  11  of  the  December  2008  proposal 
(recital 17 and Article 11 in the present proposal) suggest that persons who obtained long term 
residence  status  in  accordance  with  Council  Directive  2003/109/EC  of  25  November  2003 
concerning  the  status  of  third-country  nationals  who  are  long-term  residents14  (Long-term 
Residence  Directive)  be  erased  from  EURODAC.  The  Long-term  Residence  Directive 
explicitly  excludes  from  its  scope  of  application  the  applicants  and  beneficiaries  of 
international  protection:  for  this  reason  it  is  not  possible  to  accept  those  amendments.  In 
addition, these amendments cannot be considered admissible since they are introduced in the 
text untouched by the recast. 

Amendment 8 

The amendment is not accepted since the purpose of Article 5 paragraph 7 is not to determine 
the scope of the IT Agency, but to clarify that the Management Authority referred to in the 
present Regulation is the same as the one referred to in the SIS II and VIS Regulations.  

13 
14 

OJ L 326, 13.12.2005, p. 13-34. 
OJ L 16, 23.1.2004, p. 44–53. 

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Amendment 9 

This amendment (related to Article 5 of the present proposal) is not accepted since its subject 
is relevant for the proposal on the establishment of the IT Agency and not for this one.  

Amendment 23 

The  amendment,  which  proposes  to  add  a  reference  to  some  additional  articles  of  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  granted15  in  Article  16  (2)  of  the 
present  proposal,  is  not  considered  necessary,  as  those  situations  are  already  covered  in  the 
current drafting. 

Amendment 28 

The  amendment  aims  at  introducing  the  obligation  to  inform  the  EDPS  of  each  'false  hit'. 
Since it is the task of the national data protection authorities and not of the EDPS to directly 
monitor the everyday operation of the system, this amendment (not requested by the EDPS in 
his opinion on the proposal) is not accepted. 

Amendment 31 

This amendment aims at introducing a provision prohibiting the transfer of data to authorities 
of  third  countries.  By  stipulating  that  only  MSs'  designated  authorities  can  have  access  to 
EURODAC  and by  explicitly  forbidding, in its Article 22, the transfer of such data to third 
countries, the Regulation in force is already clear that such data cannot be accessed by third 
countries. Therefore this amendment is not accepted because it is not needed and actually it 
might give the impression that previously it was possible to transfer data to third countries.  

Amendment 32 

This amendment aims at introducing a requirement that the Management Authority lay down 
"a common set of requirements to be fulfilled by persons in order to be granted authorisation 
to  access  EURODAC".  The  suggested  provision  is  unclear  and  could  create  unnecessary 
administrative  burden  for  the  Management  Authority,  since  the  screening  of  personnel 
accessing EURODAC is more efficiently performed at national level.  

Amendment 33 

This  amendment  aims  at  introducing  an  obligation  for  Member  States  to  notify  changes  in 
their  list  of  authorities  within  a  maximum  of  30  days  after  the  change  took  effect.  This  is 
regarded as an unnecessary burden and the deadline proposed as unrealistic. In addition, it is 
not in line with similar provision in the Dublin Regulation. 

Amendment 40 

This amendment aims to ensure the supervision of the Management Authority by the EDPS. 
This is not the subject matter of the EURODAC Regulation . 

15 

OJ L 304, 30.09.2004, p. 12-23. 

EN 

10 

   EN 

                                                 
10.2.  Modifications introduced following the outcome of negotiations in the Council 

Article 8 

This  new  Article  was  introduced  in  order  to  provide  information  to  Member  States  on  the 
status  of  the  data  subject.  First  of  all,  it  includes  provisions  which  already  figured  in  the 
December  2008  proposal,  namely  Article  6(2)  and  Article  17(6)  thereof,  which  refer  to 
information on persons transferred following a take back procedure and the application of the 
sovereignty  clause  of  the  Dublin  Regulation.  In  addition,  the  article  foresees  that  Member 
States  are  also  informed  if  a  given  person,  whose  data  is  stored  in  the  database,  was 
transferred following a take charge procedure, or if he or she left the territory of the Member 
States, either voluntarily or as the result of a return decision or removal order.  

This new Article will therefore facilitate Member States' task to determine the Member State 
responsible under the Dublin Regulation. 

Article 12 

The  modifications  introduced  in  this  article  aim  to  clearly  spell  out  which  third  country 
nationals  or  stateless  persons  have  to  be  fingerprinted  and  at  what  point  in  time.  The 
introduced change will help harmonising practices between Member States and ensure that as 
soon as a person is allowed entry on the territory of the Member States, his/her fingerprints 
need to be taken and sent to the EURODAC database. 

Article 30 

Until  the  start  of  operation  of  the  IT  Agency,  the  Commission  will  continue  to  produce  the 
two types of reporting foreseen in the Regulation in force, ie. the annual reports (containing 
the  analysis  of  annual  statistics)  and  the  evaluation  reports  (along  with  the  respective 
evaluation of the Dublin Regulation). 

Other changes 

Modifications were also introduced to recitals 3, 19 and 32 and Articles 5 (1) and (4), and 19 
(1) in order to take into account drafting suggestions  put forward during the  negotiations in 
Council which the Commission considered could be accepted. 

10.3.  Modifications to allow access for law enforcement purposes 

Article 1 

Paragraph 2 is amended in order to reflect the addition of a new purpose of the system.  

Article 2 

Paragraph  1(c)(iv)  is  added  in  order  to  ensure  that  the  authorities  designated  for  accessing 
EURODAC  for  a  law  enforcement  purpose  will  also  comply  with  the  provisions  on 
responsibility for data use and data security. In points (f) and (g), the National Access Point 
and verifying authority is defined. 

EN 

11 

   EN 

Article 3 

This  new  article  introduces  a  bridging  clause  in  order  to  allow  access  for  law  enforcement 
purposes  by  providing  a  link  between  a  third  pillar  instrument  (Council  Decision  No 
[…/…]JHA [EURODAC law enforcement Decision]) and the present first pillar Regulation.  

Article 6 

Points  (i)  and  (j),  introduce  the  obligation  to  collect  statistics  on  the  number  of  law 
enforcement searches and the number of hits these produced.  

In  order  to  better  facilitate  the  purposes  of  law  enforcement  access,  the  present  proposal 
entails  a  technical  amendment  to  the  EURODAC  central  system,  ie.  a  new  functionality  to 
search on the basis of a so-called latent16. 

Article 13 

In the second indent of paragraph 1, a reference is made to Article 3 in order to take note of 
the possibility of access for law enforcement purposes.  

Article 19 

The scope of paragraph 4 was extended in order to take note of the possibility of access for 
law enforcement purposes.  

Article 22 

The  new  paragraph  2  ensures  the  new  type  of  search  in  the  system:  during  access  for  law 
enforcement purposes, the data entered is searched against all fingerprints stored in the central 
database.  

16 

A  latent  print  is  the  chance  reproduction  of  the  friction  ridges  deposited  on  the  surface  of  an  item. 
Latent  prints  are  often  fragmentary  and  may  require  chemical  methods,  powder,  or  alternative  light 
sources in order to be visualised.  

EN 

12 

   EN 

                                                 
Article 25 

The  amendment  of  paragraph  1(b)  ensures  that  upon  taking  his  or  her  fingerprints,  the  data 
subject  is  also  informed  about  the  possibility  of  his  or  her  data  be  accessed  for  law 
enforcement purposes.  

Article 30 

Paragraph  5  was  amended  in  order  to  extend  the  overall  evaluation  of  the  EURODAC 
Regulation  so  as  to  include  the  mechanism  of  access  for  law  enforcement  purposes.  This 
extended evaluation can examine in particular whether the mechanism introduced in Article 3 
has  been  used  in  a  proportionate  manner,  whether  the  rights  of  individuals  have  been  duly 
safeguarded,  and  whether  its  application  has  led  to  stigmatisation  of  asylum  seekers.  The 
evaluation  can  also  take  account  of  the  reports  prepared  by  the  European  Data  Protection 
Supervisor and the national data protection authorities, as well as the Joint Supervisory Body 
of Europol with regard to their supervisory tasks. In light of this evaluation the Commission 
may present appropriate proposals. 

11. 

BUDGETARY IMPLICATIONS 

The present proposal entails a technical amendment to the EURODAC central system in order 
to provide for the possibility to carry out comparisons for law enforcement purposes. A new 
functionality to search on the basis of a latent is also proposed. 

The financial statement attached to this proposal is also valid for the proposal concerning the 
request for comparison with EURODAC data by Member States' law enforcement authorities 
and  by  Europol  for  the  purposes  of  prevention,  detection  and  investigation  of  terrorist 
offences and other serious criminal offences - COM(2009) 344. 

The cost estimate of 2,415 million euros includes costs of 3 years of technical maintenance, 
and consists of IT-related services, software and hardware and would cover the upgrade and 
customisation  to  allow  searches  for  law  enforcement  purposes  and  also  the  changes  for  the 
original asylum purpose unrelated to law enforcement access. The amounts of the EURODAC 
recast proposal adopted on 3 December 2008 are kept  in  the  present  financial  statement  for 
the sake of clarity.  

EN 

13 

   EN 

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

2008/0242 (COD) 

Amended 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 Commission17, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty18, 

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  Convention19 
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 Convention20. In the interest of clarity, those Regulations should be recast. 

17 
18 
19 
20 

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

EN 

14 

   EN 

 
 
                                                 
(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 

(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"). 

(cid:216) new 

(2) 

(3) 

(4) 

(5) 

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 international protection in the Community. 

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.  The  European  Pact  on  Immigration  and  Asylum  endorsed  by  the 
European  Council  of  15-16  October  2008  called  for  the  completion  of  the 
establishment  of  a  Common  European  Asylum  System  by  creating  a  single  asylum 
procedure  comprising  common  guarantees  and  a  uniform  status  for  refugees  and  the 
beneficiaries of subsidiary protection.  

The  Hague  Programme  called  for  the  improvement  of  access  to  existing  data  filing 
systems of the European Union. 

In  its  Communication  to  the  Council  and  the  European  Parliament  on  improved 
effectiveness, enhanced interoperability and synergies among European data bases in 
the  area  of  Justice  and  Home  Affairs21  of  24  November  2005  the  Commission 
indicated  that  authorities  responsible  for  internal  security  could  have  access  to 
EURODAC  in  well  defined  cases,  where  there  is  a  substantiated  suspicion  that  the 
perpetrator  of  a  terrorist  offence  or  other  serious  criminal  offence  has  applied  for 
asylum.  

(6) 

In order to prevent, detect and investigate terrorist offences and other serious criminal 
offences,  it  should  be  possible  to  access  fingerprint  data  stored  in  the  EURODAC 
central database for law enforcement purposes.  

21 

COM(2005) 597 final of 24 November 2005 

EN 

15 

   EN 

 
 
 
                                                 
(7) 

Such  access  should  only  be  granted  to  law  enforcement  authorities  designated  by 
Member  States  and  to  Europol  in  specific,  well-defined  cases  where  no  other,  less 
intrusive measures are available and only after the Member States have consulted their 
national  databases  and  have  followed  the  procedure  laid  down  in  Council  Decision 
2008/615/JHA  of  23  June  2008  on  the  stepping  up  of  cross-border  cooperation, 
particularly in combating terrorism and cross-border crime22. 

(8) 

No  mass  comparison  of  fingerprints  for  the  purposes  of  prevention,  detection  or 
investigation  of  terrorist  offences  and  of  other  serious  criminal  offences  should  be 
conducted in EURODAC. 

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

(9) 

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]23⌫,  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. 

(10)  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 

(11)  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 

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

22 
23 

OJ L 210, 6.8.2008, p. 1. 
COM(2008)XXX. 

EN 

16 

   EN 

 
 
 
                                                 
of  the  electronic  means  of  transmission  between  the  Member  States  and  the  central 
database (cid:214) Central System . 

(cid:216) new 

(12) 

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 

(13) 

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 

(14) 

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 
other  fingerprint  data,  the  transmission  of  the  results  of  such  comparison  and  the 
blocking(cid:214) marking  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 ⌫. 

(15)  Hits obtained from EURODAC should be verified by a fingerprint expert in order to 
ensure  both  the  accurate  determination  of  responsibility  under  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 

(cid:216) new 

EN 

17 

   EN 

 
 
 
 
the  Member  States  by  a  third-country  national  or  a  stateless  person]  and  the  exact 
identification of the criminal suspect whose data might be stored in EURODAC.  

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

(16)  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) 

(17)  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 

(18) 

(19) 

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 compared against them.  

In  the  long  term,  and  following  an  impact  assessment,  containing  a  substantive 
analysis of alternatives from financial, operational and organisational perspective, the 
establishment of a Management Authority responsible for the operational management 
of  EURODAC  should  be  foreseen.  Until  then,  the  Commission  should  remain 
responsible  for  the  management  of  the  Central  System  and  for  the  Communication 
Infrastructure.  

EN 

18 

   EN 

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

(20) 

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. 

(cid:216) new 

(21) 

It is necessary to draw up statistics on the number of comparisons requested for law 
enforcement  purposes,  as  well  as  the  number  of  hits  such  requests  produced  in 
EURODAC.  

(22)  The data subject should be informed of the possibility that his data will be searched by 
law enforcement authorities for the purposes of prevention, detection and investigation 
of terrorist offences and other serious criminal offences.  

(23)  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 

(24) 

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. 

(25)  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 

19 

   EN 

 
 
 
 
 
the  free  movement  of  such  data24  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 

(26)  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 

(27)  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  data25  should  apply  to  the  processing  of  personal  data  by  the  Community 
institutions and bodies carried out pursuant to this Regulation. However, certain points 
should be clarified in respect of the responsibility for the processing of data and of the 
supervision of data protection. 

(28) 

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 Treaty26, 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. 

24 
25 
26 

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 

20 

   EN 

 
 
 
                                                 
(29) 

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 

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

(30)  Member  States  should  provide  for  a  system  of  ⌦effective,  proportionate  and 
dissuasive⌫ penalties to sanction the use of data ⌦entered⌫ in the central database 
(cid:214) Central System  contrary to the purpose of EurodacEURODAC. 

(cid:216) new 

(31) 

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]. 

(32)  This Regulation respects and has to be applied in accordance with fundamental rights 
and  observes  the  principles  recognised  in  particular  by  the  Charter  of  Fundamental 
Rights  of  the  European  Union.  In  particular,  this  Regulation  fully  respects  the 
protection of personal data and the right to asylum. 

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

(33) 

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 

21 

   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  a  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. 
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 ⌫ 
(cid:214) and  for  the  purpose  of  the  prevention,  detection  and  investigation  of  terrorist 
offences and other serious criminal offences, under the conditions set out in Article 3 
of  this  Regulation  and  in  Council  Decision  No  […/…]JHA  [EURODAC  law 
enforcement Decision] .  

EN 

22 

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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 
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 
protection  as  defined  in  Article  2(g)  of  Council  Directive  2004/83/EC  in 
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 7 ⌫ , 
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 12 , 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 15 , the Member State which 
transmits  such  data  to  the  Central  Unit  (cid:214) System   and  receives  the 
results of the comparison; 

(iv) in relation to the tasks covered by Article 17 and Article 21 

(cid:216) new 

–  the  Member  State  which  transmits  the  personal  data  to  the  Central  System  and 

receives the results of the comparison,  

–  the  Member  States'  and  Europol's  authorities  designated  in  accordance  with 
Article  4(1)  and  (4)  of  Council  Decision  No  […/…]JHA  [EURODAC  law 
enforcement Decision]; 

EN 

23 

   EN 

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

(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) entitled  to 
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  ⌦ central  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) 19(4). 

(cid:216) new 

(f) 

'National  Access  Point'  means 
communicates with the Central System. 

the  designated  national  system  which 

(g)  'Verifying  authority'  means  the  single  national  body  designated  by  a  Member 
State or by Europol in accordance with Article 4 of Decision No […/…]JHA 
[EURODAC law enforcement Decision].  

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

2. 

3. 

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.  

(cid:216) new  

Article 3 

Availability of data for the prevention, detection and investigation of  
terrorist offences and other serious criminal offences 

1. 

Where comparison with data stored in its national fingerprint database and access to 
Automated  Fingerprint  Databases  of  other  Member  States  under  the  Council 
Decision  2008/615/JHA  of  23  June  2008  on  the  stepping  up  of  cross-border 

EN 

24 

   EN 

 
 
 
 
cooperation,  particularly  in  combating  terrorism  and  cross-border  crime27  (Prüm 
Decision) return negative results, Member States' and Europol authorities designated 
in  accordance  with  Article  3(1)  and  5(2)  of  Decision  No  […/…]JHA  [EURODAC 
law  enforcement  Decision],  may  within  the  scope  of  their  powers  in  case  it  is 
necessary  in  a  specific  case  and  following  a  reasoned  written  or  a  reasoned  logged 
electronic  request,  ask  for  comparison  of  fingerprint  data  with  data  stored  in  the 
EURODAC  central  database  referred  to  in  Articles  9  and  12(2)  if  there  are 
reasonable  grounds  to  consider  that  consultation  of  data  stored  in  the  EURODAC 
central  database  will  substantially  contribute  to  the  prevention,  detection  or 
investigation of terrorist offences and of other serious criminal offences.  

The comparison referred to in paragraph 1 shall be carried out through the verifying 
authority  referred  to  in  Article  4  of  Decision  No  […/…]JHA  [EURODAC  law 
enforcement  Decision].which  screens  and  forwards  requests  by  the  designated 
authorities to the National Access Point. The verifying authority shall be responsible 
for  ensuring  that  the  conditions  for  requesting  comparisons  of  fingerprints  with 
law 
EURODAC  data  established 
enforcement Decision] are fulfilled. In an exceptional case of urgency, the verifying 
authority  may  receive  reasoned  written  or  reasoned  logged  electronic  requests  and 
only  verify  ex-post  whether  all  the  conditions  for  access  are  fulfilled,  including 
whether  an  exceptional  case  of  urgency  existed.  The  ex-post  verification  shall  take 
place without undue delay after the processing of the request. 

in  Decision  No  […/…]JHA  [EURODAC 

Neither  the  hit,  nor  data  obtained  from  EURODAC  pursuant  to  Decision  No 
[…/…]JHA  [EURODAC  law  enforcement  Decision]  shall  be  transferred  or  made 
available to a third country, international organisation or a private entity established 
in or outside the European Union. 

4.  Without  prejudice  to  Article  23(2),  the  Central  System  shall  not  store  the 
fingerprint data which is transmitted to it under this Article, and shall delete the data 
immediately upon completion of the transmission of the results of the comparison. 

2. 

3. 

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

Article 4 

Central Unit ⌦ System architecture and basic principles ⌫  

1. 

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. 

27 

OJ L 210, 6.8.2008, p. 1. 

EN 

25 

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1. 

EURODAC shall consist of: 

(cid:216) new 

(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 National Access Point. 

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

2.3. 

Data on applicants for asylum, persons covered by Articles 8 and persons covered by 
Article 11 7, 12 and 15 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 ⌫. 

4. 

5. 

(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 

26 

   EN 

 
 
 
 
(cid:216) new 

Article 5 

Operational management by the Management Authority 

1. 

2. 

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. 

Before the Management Authority takes up its responsibilities, the Commission shall 
be  responsible  for  all  tasks  attributed  to  the  Management  Authority  by  this 
Regulation.  

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  under  Regulation  (EC)  No 1987/2006  of  the 

EN 

27 

   EN 

 
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) 
and for VIS under 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. 

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

Article 63  

⌦ Statistics ⌫  

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 persons referred to in Articles 7(1), 8(1) 

and 11(1) 12(1) and 15(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;. 

(cid:216) new 

(f) the number of data sets marked in accordance with Article 16(1); 

(g) the number of hits for persons referred to in Article 16(1); 

(h) for whom hits have been recorded under (b),(c),(d) and (g); 

(i) the number of comparisons requested in accordance with Article 3; 

(j) the number of hits obtained in application of Article 3. 

EN 

28 

   EN 

 
 
(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) 
(cid:214) (g) and (i)  . 

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. 

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

CHAPTER II 

APPLICANTS FOR ASYLUM ⌦ INTERNATIONAL 
PROTECTION ⌫ 

Article 7 4 

Collection, transmission and comparison of fingerprints 

1. 

Each  Member  State  shall  promptly  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) as soon as possible and no later than 72 hours after the lodging of 
that application for international protection as defined by Article 20(2) of the Dublin 
Regulation  transmit ⌦ them together with ⌫ the data referred to in points (a) (b) 
to (f) (g) of Article 5(1) 9 to the Central Unit (cid:214) System .  

(cid:216) new 

(cid:214) Non compliance with the 72 hours time limit does not relieve Member States of 
the obligation to take and transmit the fingerprints to the Central System. Where the 
condition  of  the  fingertips  does  not  allow  to  take  the  fingerprints  in  a  quality 
ensuring  appropriate  comparison  under  Article  19  of  this  Regulation,  the  Member 
State of origin shall retake the fingerprints of the applicant and resend them as soon 
as possible and no later than 48 hours after they have been successfully taken.  

EN 

29 

   EN 

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

(cid:208) 2725/2000/EC 

2. 

3. 

4. 

5. 

7. 

(cid:216) new 

By  way  of  derogation  from  paragraph  1,  where  it  is  not  possible  to  take  the 
fingerprints of an applicant on account of measures taken to ensure the health of the 
applicant  or  the  protection  of  public  health,  Member  States  shall  take  and  send  the 
fingerprints of the applicant as soon as possible and no later than 48 hours after these 
grounds no longer prevail. 

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

Fingerprint data within the meaning of point (b) (a) of Article 5(1) 9, transmitted by 
any Member State, ⌦ with exception to those transmitted in accordance with Article 
8  point  (b) ⌫  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. 

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)  9(a)  to  ((cid:214) g ),  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 16(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). 

(cid:216) new 

Article 8 

EN 

30 

   EN 

 
 
 
 
Information on the status of the data subject 

The following information shall be sent to the Central System in order to be stored in 
accordance with Article 10 for the purpose of transmission under Article 7(5): 

When  an  applicant  for  international  protection  or  another  person  as  referred  to  in 
Article  18(1)(d)  of  the  Dublin  Regulation  arrives  in  the  responsible  Member  State 
following a transfer pursuant to a decision acceding to a request to take him/her back 
as referred to in Article 24 of the Dublin Regulation, the responsible Member State 
shall update its dataset recorded in conformity with Article 9 relating to the person 
concerned by adding his/her date of arrival . 

When  an  applicant  for  international  protection  arrives  in  the  responsible  Member 
State following a transfer pursuant to a decision acceding to a request to take charge 
of  him/her  as  referred  to  in  Article  22  of  the  Dublin  Regulation,  the  responsible 
Member State shall send a dataset in conformity with Article 9 relating to the person 
concerned and include his/her date of arrival.  

As soon as the Member State of origin can establish that the person concerned whose 
data was recorded in EURODAC in accordance with Article 9 has left the territory of 
the Member States, it shall update its dataset recorded in conformity with Article 9 
relating to the person concerned by adding the date when the person left the territory, 
in  order  to  facilitate  the  application  of  Articles  19(2)  and  20(5)  of  the  Dublin 
Regulation. 

As soon as the Member State of origin ensures that the person concerned whose data 
was recorded in EURODAC in accordance with Article 9 has left the territory of the 
Member  States  in  compliance  with  a  return  decision  or  removal  order  it  issued 
following the withdrawal or rejection of the application as provided for in Article 19 
(3) of the Dublin Regulation, it shall update its dataset recorded in conformity with 
Article 9 relating to the person concerned by adding the date of his/her removal or 
when the person left the territory.  

The Member State which assumes responsibility in accordance with Article 17(1) of 
the Dublin Regulation shall update its dataset recorded in conformity with Article 9 
relating  to  that  applicant  by  adding  the  date  when  the  decision  to  examine  the 
application was taken. 

(a) 

(b) 

(c) 

(d) 

(e) 

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

Article 95 

Recording of data 

1. 

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

(ab) fingerprint data; 

EN 

31 

   EN 

 
(ba)  Member  State  of  origin,  place  and  date  of  the  application  for  asylum 
(cid:214) international  protection;  in  the  cases  referred  to  in  Article  8  point  (b),  the 
date  of  application  shall  be  the  one  entered  by  the  Member  State  who 
transferred the applicant ; 

(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). 

(h) where applicable in accordance with Article 8 point (a) or point (b), the date of 

the arrival of the person concerned after a successful transfer; 

(i) where applicable in accordance with Article 8 point (c), the date when the person 

concerned left the territory of the Member States; 

(j) where applicable in accordance with Article 8 point (d), the date when the person 
concerned left or was removed from the territory of the Member States; 

(k)  where  applicable  in  accordance  with  Article  8  point  (e),  the  date  when  the 

decision to examine the application was taken. 

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. 

EN 

32 

   EN 

 
 
Article 10 6 

Data storage 

Each  set  of  data,  as  referred  to  in  Article  5(1)  9,  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 11 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 10 shall be erased from the Central Unit 
(cid:214) System , in accordance with Article 15(3) 22(4) as soon as the Member State of 
origin becomes aware that the person has acquired such citizenship. 

(cid:216) new 

The  Central  System  shall  inform  all  Member  States  of  origin  about  the  erasure  of 
data  for  the  reason  specified  in  paragraph  1  by  another  Member  State  of  origin 
having produced a hit with data which they transmitted relating to persons referred to 
in Article 7(1) or Article 12(1). 

EN 

33 

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(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 12 8 

Collection and transmission of fingerprint data 

1. 

2. 

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 (cid:214) or who remains physically on the territory of 
the Member States and who is not kept in custody, confinement or detention during 
the  entirety  of  the  period  between  apprehension  and  removal  on  the  basis  of  the 
decision to turn them back  .. 

The Member State concerned shall promptly (cid:214)as soon as possible and and no later 
than  72  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 

EN 

34 

   EN 

 
 
3. 

4. 

5. 

By  way  of  derogation  from  paragraph  2,  as  regards  persons  apprehended  in  the 
manner  described  in  paragraph  1  who  remain  physically  on  the  territory  of  the 
Member  States  but  are  kept  in  custody,  confinement  or  detention  upon  their 
apprehension for a period exceeding 72 hours, the transmission of the data specified 
in  paragraph  2  relating  to  those  persons  shall  take  place  before their  release  from 
custody, confinement or detention. 

Non  compliance  with  the  72  hours  time  limit  referred  to  in  paragraph  2  does  not 
relieve  Member  States  of  the  obligation  to  take  and  transmit  the  fingerprints  to  the 
Central  System.  Where  the  condition  of  the  fingertips  does  not  allow  to  take  the 
fingerprints  in  a  quality  ensuring  appropriate  comparison  under  Article  19  of  this 
Regulation,  the  Member  State  of  origin  shall  retake  the  fingerprints  of  such  person 
and resend them as soon as possible and no later than 48 hours after they have been 
successfully taken. 

By  way  of  derogation  from  paragraph  1,  where  it  is  not  possible  to  take  the 
fingerprints of such person on account of measures taken to ensure the health of the 
person or the protection of public health, the Member State concerned shall take and 
send  the  fingerprints  of  the  person,  in  accordance  with  the  deadline  set  out  in 
paragraph 2, once these grounds no longer prevail. 

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

Article 13 9 

Recording of data 

1. 

The data referred to in Article 5(1)(g) and in Article 8(2) 12(2) shall be recorded in 
the central database (cid:214) Central System . 

Without  prejudice  to  Article  3(3)6  (cid:214) and  Article  3   ,  data  transmitted  to  the 
Central  Unit  (cid:214) System   pursuant  to  Article  8(2)  12(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)  12(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) 12(2). 

2. 

The  procedures  provided  for  in  Article  4(1),  second  sentence,  Article  4(2)  and 
Article 5(2) as well as the provisions laid down pursuant to Article 4(7) shall apply. 
As  regards  the  comparison  of  data  on  applicants  for  asylum  (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) 
7(3) and (5) and in Article 19(4) shall apply. 

EN 

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Article 14 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) 12(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) 12(1) shall be erased from the central database (cid:214) Central 
System  in accordance with Article 15(3) 22(3)⌦ as soon as ⌫ 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  erasure  of 
data  for  the  reason  specified  in  paragraph  2(a)  or  (b)  by  another  Member  State  of 
origin  having  produced  a  hit  with  data  which  they  transmitted  relating  to  persons 
referred to in Article 12(1).  

The  Central  System  shall  inform  all  Member  States  of  origin  about  the  erasure  of 
data  for  the  reason  specified  in  paragraph  2(c)  by  another  Member  State  of  origin 
having produced a hit with data which they transmitted relating to persons referred to 
in Article 7(1) or Article 12(1).  

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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 

Article 15 11 

Comparison of fingerprint data 

1. 

2. 

3. 

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  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 

EN 

37 

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(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 
shall  they  be  compared  with  the  data  transmitted  to  the  Central  Unit  (cid:214) System  
pursuant to Article 8(2) 12(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) 7(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: 

4. 

5. 

1. 

2. 

EN 

38 

   EN 

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

for in Article 4(3); or 

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

refugee. 

3. 

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

4. 

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

(a)  data  which  have  been  blocked  in  accordance  with  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 16  

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 
9  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 10 for the purpose of transmission under Article 7(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.  

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39 

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

CHAPTER VI 

DATA USE, DATA PROTECTION AND LIABILITY 

Article 17 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) 9, Article 8(2) 12(2) 
and  Article  11(2)  15(2)  are  lawfully  transmitted  to  the  Central  Unit 
(cid:214) System ; 

(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  (cid:214) Management 
Authority   ,  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 1412, 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) 19(4). 

The  Commission  (cid:214) Management  Authority   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  (cid:214) Management  Authority  
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); 

2. 

3. 

4. 

EN 

40 

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(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 12; 

(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 (cid:214) Management Authority  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 182 

Transmission 

1. 

2. 

3. 

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 
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 ⌦ shall ⌫ transmit the data referred to in Article 5(1) 9(1), 
Article 12(2) and Article 15(2) of the Eurodac Regulation electronically. (cid:214) The data 
referred  to  in  Article  9(1)  and  Article  12(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)  9(d)  and  Article  12(2)(d)  and 
15(1) 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 

EN 

41 

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4. 

5. 

64. 

1. 

2. 

or a person referred to in Article 8 or Article 11 of the Eurodac Regulation7, Article 
12 or Article 15.  

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  7(1) ⌫,  "2"  to  persons  referred  to  in  Article  8 
12(1) of the Eurodac Regulation and "3" to persons referred to in Article 11 15 of the 
Eurodac Regulation.  

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. 

Article 193 

Carrying out comparisons and transmitting results 

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 
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, (cid:214) inform  the Member State. 
(cid:214) The Member State concerned shall  transmit fingerprint data of the appropriate 
quality (cid:214) using the same reference number of the previous set of fingerprint data .. 

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  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. 

, 

3. 

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 

EN 

42 

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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 

4. 

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 ⌫ (cid:214) and Decision No […/…]JHA [EURODAC 
law enforcement Decision]  . 

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. 

5. 

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.  

(cid:216) new 

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

Article 204 

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 
EURODAC  Communication  Infrastructure .  As  far  as  it  is  necessary  for  the 
efficient  operation  of 
the  Central  Unit 
⌦ Management Authority ⌫ shall establish the technical procedures necessary for 
the use of IDA generic services (cid:214) the Communication Infrastructure . 

the  Central  Unit  (cid:214) System , 

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(cid:208) 2725/2000/EC 

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. 

(cid:216) new 

Article 21 

Data security 

1. 

The Member State  of origin 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. 

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44 

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2. 

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  26 
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). 

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. 

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

Article 22 15 

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

1. 

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) 7(5). 

2 

3. 

4. 

(cid:216) new 

By way of derogation from paragraph 1, Member States' designated authorities and 
Europol's  specialised  unit  designated  in  accordance  with  Article  4(1)  and  (4)  of 
Decision  No  […/…]JHA  [EURODAC  law  enforcement  Decision]  may  conduct 
searches in all data stored in the central database regardless of their Member State of 
origin and may receive such data in accordance with Article 3 of this Regulation and 
Decision No […/…]JHA [EURODAC law enforcement Decision].  

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

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) 10 or Article 14(1). 

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

EN 

46 

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5. 

6. 

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. 

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 
(cid:214) the Management Authority, 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. 

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). 

Article 23 16 

Keeping of records by the Central Unit 

1. 

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. 

EN 

47 

   EN 

2. 

3. 

1. 

2. 

Such  records  may  be  used  only  for  the  data-protection  monitoring  of  the 
admissibility of data processing as well as to ensure data security pursuant to Article 
14 12. 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 10 and in Article 14(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. 

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

Article 22 

Committee 

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. 

Article 24 17 

Liability 

1. 

2. 

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 

liable  for  such  damage,  unless  and 

insofar  as 

EN 

48 

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3. 

1. 

(cid:214) Management Authority or another Member State  failed to take reasonable steps 
to prevent the damage from occurring or to minimise its impact. 

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 25 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 
understands or may reasonably be presumed 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 and of 
the  aims  of  Article  3  of  this  Regulation  and  of  Decision  No  […/…]JHA 
[EURODAC law enforcement Decision] . 

(c) the recipients of the data; 

(d)  in  relation  to  a  person  covered  by  Article  4  7  or  Article  8  12,  the  obligation  to 

have his/her fingerprints taken; 

(e) the existence of the right of access to, and the right to rectify, the data ⌦relating 
to  him/her⌫concerning  him/her⌦ ,  and  the  right  to  request  that  inaccurate 
data  relating  to  him/her  be  corrected ⌫  (cid:214) or  that  unlawfully  processed  data 
relating  to  them  be  erased,  as  well  as  the  right  to  receive  information  on  the 
procedures  for  exercising  those  rights  including  the  contact  details  of  the 
controller  and  the  National  Supervisory  Authorities  referred  to  in  Article 
26(1) . 

In relation to a person covered by Article 4 7 or Article 8 12, 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  15,  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 a person covered by this Regulation is a minor, Member States shall provide 
the information in an age-appropriate manner.  

(cid:216) new 

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49 

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

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) 
22(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. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

EN 

50 

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9. 

Whenever a person requests data relating to him or her in accordance with paragraph 
2, the competent authority shall keep a record in the form of a written document that 
such  a  request  was  made,  and  shall  make  this  document  available  to  the  National 
Supervisory Authorities referred to in Article 26(1) without delay, upon their request. 

(cid:216) new 

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

9. 10. 

In  each  Member  State,  the  national  supervisory  authority  shall  (cid:214) on  the  basis  of 
his/her request, 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. 

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 13 , shall subsist throughout the proceedings. 

Article 26 19 

⌦ Supervision by the ⌫ National Ssupervisory Aauthority 

1. 

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 . 

EN 

51 

   EN 

 
 
2. 

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 27 

Supervision by the European Data Protection Supervisor 

1. 

2. 

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 
Authority, 
the  National  Supervisory  Authorities.  The 
Management Authority shall be given an opportunity to make comments before the 
report is adopted. 

the  Commission  and 

Article 28 

Cooperation between National Supervisory Authorities and the European Data Protection 
Supervisor 

1. 

2. 

3. 

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. 

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. 

EN 

52 

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

CHAPTER VII 

FINAL PROVISIONS 

Article 29 21 

Costs 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

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  (cid:214) verifying  authorities  and   national  (cid:214) access  points  
units and the costs for 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 30 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. 

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 

EN 

53 

   EN 

 
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 

shall 

the  Commission 

Three  years  after  Eurodac  starts  operations  (cid:214) the  start  of  application  of  this 
Regulation  as  provided  for  in  Article  35(2)   and  every  six  (cid:214) four   years 
thereafter, 
of 
EurodacEURODAC, examining results achieved against objectives and assessing the 
continuing  validity  of  the  underlying  rationale,  (cid:214) including  in  respect  of  the 
mechanism introduced by Article 3, 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) ,  as  well  as  make  any  necessary  recommendations   .  (cid:214) The 
Commission  shall  transmit  the  evaluation  to  the  European  Parliament  and  the 
Council.  

evaluation 

produce 

overall 

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.  

Until  the  Management  Authority  provided  for  in  Article  5  is  established,  the 
Commission will only produce reports in accordance with paragraph 1 and 5. 

3. 

4. 

5. 

6. 

7. 

8. 

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

Article 31 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 32 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 33 

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 35(2).  

(cid:208) 

Article 34 

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 

EN 

55 

   EN 

 
 
 
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 35(2). 

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

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

Article 35 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 
Unit  (cid:214) System  
in  accordance  with  ⌦ this 
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. 

(cid:208) 2725/2000/EC 

EN 

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Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

57 

   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 

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Annex II 

EN 

59 

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(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 

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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 4(1) 

Article 4(4) 

Article 1(2) 

deleted 

Article 2 

Article 4(3) 

Article 6 

deleted 

Article 7(1) 

Deleted 

Article 7(3) 

Article 7(4) 

Article 7(5) 

Article 19(4) 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 

Article 11(1)-(4) 

Article 15(1)-(4) 

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Article 11(5) 

deleted 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

Article 17 

Article 18 

Article 19 

Article 20 

Article 21 

Article 22 

Article 23 

Article 24 

Article 25 

Article 26 

Article 27 

- 

- Article 16 

Article 17 

- Article 21 

Article 22 

Article 23 

Article 24 

Article 25 

Article 26 

Article 27 

Article 29 

deleted 

deleted 

Article 30 

Article 31 

Article 32 

Article 35 

Annex II 

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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 

- 

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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 […/…]28  

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. 

BUDGET LINES  

3.1. 

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: 

The entry into force of the EURODAC Regulation is linked to the entry into force of 

the Dublin Regulation. This can also be foreseen in 2011 the earliest.  

3.3. 

Budgetary characteristics: 

Budget 
line 

18.03.11. 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

Diff29 

Non-comp 

NO 

NO 

NO 

3A 

28 

29 

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 

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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 expenditure30 

Commitment Appropriations 
(CA) 

8.1. 

Payment 
(PA) 

Appropriations 

a 

b 

0.000  2.415 

0.000 

0.000 

0.000  2.415 

0.000 

0.000 

2.415 

2.415 

Administrative expenditure within reference amount31 

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  2.415 

0.000 

0.000 

a+c 

Payment Appropriations 

b+c  0.000  2.415 

0.000 

0.000 

Administrative expenditure not included in reference amount32 

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  0.244 

0.122 

0.122 

0.000  0.084 

0.020 

0.000 

Total indicative financial cost of intervention 

TOTAL CA including cost 
of Human Resources 

TOTAL  PA  including  cost 
of Human Resources 

0.000  2.743 

0.142 

0.122 

0.000  2.743 

0.142 

0.122 

a+c
+d+
e 

b+c
+d+
e 

2.415 

2.415 

0.488 

0.104 

3.007 

3.007 

30 
31 
32 

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. 

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Co-financing details 

No co-financing is anticipated. 

Co-financing body 

…………………… 

TOTAL  CA  including  co-
financing 

f 

a+c
+d+
e+f 

EUR million (to 3 decimal places) 

n + 1 

n + 2 

n + 3 

n + 4 

Year 
n 

n  +  5 
and 
later 

Total 

4.1.2.  Compatibility with Financial Programming 

X 

Proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

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

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement33 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on Revenue 

X 

Proposal has no financial implications on revenue 

(cid:133) 

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]

34

Prior to
action 
[Year n-
1] 

a) Revenue in absolute terms 

b) Change in revenue 

 ∆ 

33 
34 

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 

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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 

2.0 

1.0 

1.0 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

In order to facilitate prevention, detection and investigation of terrorist offences and 
other serious criminal offences, access for consultation for law enforcement purposes 
to EURODAC will be allowed.  

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  concerns  of  the  Council  and  the  law 
enforcement community about the absence of access by internal security authorities 
to  EURODAC  data,  seen  as  a  shortcoming,  which  results  in  a  serious  gap  in  the 
identification of suspected perpetrators of terrorist or serious crimes. 

Introducing  the  possibility  of  running  law  enforcement  searches  with  latents  in 
EURODAC  depends  on  the  migration  of  EURODAC  to  a  new  IT  system,  the 
Biometric  Matching  System.  BMS  will  serve  as  a  common  platform  providing 
biometric  matching  services  to  the  Schengen  Information  System  II  (SIS  II),  Visa 
Information System (VIS) and EURODAC. The integration of EURODAC in BMS 
is expected to start in 2011.  

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  to  facilitate  prevention,  detection  and 
investigation  of  terrorist  offences  and  other  serious  criminal  offences,  access  for 
consultation for law enforcement purposes.  

The indicators would be the statistics on the operation of EURODAC, eg. those on 
comparisons of fingerprints requested for law enforcement purposes.  

5.4.  Method of Implementation (indicative) 

⌧  Centralised Management 

⌧ 

directly by the Commission 

(cid:133) 

indirectly by delegation to: 

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(cid:133) 

executive Agencies 

(cid:133) 

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, 
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, as well as the evaluation of the practices of access for law 
enforcement purposes.  

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. 

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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. 

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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, 
and 
actions 
outputs  should 
be provided) 

OPERATIONA
L  OBJECTIVE 
No.135 

Requirements 
from 
deriving 
the  EURODAC 
Regulation 

1 

Action 
Implementing 
new 
functionalities 
in 
EURODAC 
central system  

the 

New 
functionalities 
Output 
changes 
than 
Enforcement 

– 
other 
for  Law 

1 

0.000 

0.100 

0.000 

0.000 

0.100 

35 

As described under Section 5.3.  

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Access 

New 
functionalities 
– 
Output 
changes  for  Law 
Enforcement 
Access 

2 

Overheads  and 
miscellaneous 
(15%) 

TOTAL COST 

2.000 

0.000 

0.000 

2.000 

0.000 

0.315 

0.000 

0.000 

0.000 

2.415 

0.000 

0.000 

0.315 

2.415 

Costs are calculated on the basis of the assumption that the EURODAC system is served by the BMS and hosted together with the BMS/VIS 
system. Due to the above, only costs for 2011 are shown in the tables. The estimate of 2,415 million includes 3-year-long (2011-2012-2013) 
maintenance/support services for the new setup of EURODAC to be delivered in 2011, so no further costs have to be foreseen for the coming 
two years covered by this quasi-warranty. Further costs for the maintenance of the added functionalities wil therefore only arise after 2013. 

Costs above include costs of 3 years of maintenance, and would consist of IT-related services, software and hardware and would cover the 
upgrade  and  customisation  to  the  BMS/EURODAC  system  to  allow  searches  for  law  enforcement  purposes  and  also  the  changes  for  the 
original asylum purpose unrelated to law enforcement access. The amounts in the original financial fiche attached to proposal COM(2009) 
825 of 3 December 2008 are kept in the current one for the sake of clarity. They figure as "output 1" alongside with the costs of the changes 
required for this specific proposal, marked as "output 2". 

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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 

2.0 

0.0 

1.0 

0.0 

1.0. 

Officials or 
temporary 
staff36 (XX 01 
01) 

A*/AD 

B*, 
C*/AST 

0 

0 

Staff  financed37  by  art. 
XX 01 02 

Other  staff38  financed by 
art. XX 01 04/05 

TOTAL 

0 

2.0 

1.0 

1.0 

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. 

Helpdesk towards Member States for new users. 

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 

36 
37 
38 

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. 

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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 
later 

TOTAL 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

Executive agencies39 

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 

Type of human resources 

Year 
2010 

Year 
2011 

Year 
2012 

Year 
2013 

Year n+4 

Year n+5 

and later 

EUR million (to 3 decimal places) 

0.000 

0.244 

0.122 

0.122 

Officials  and  temporary  staff 
(18 01 01) 

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

(specify budget line) 

cost 

Total 
of  Human 
Resources  and  associated 
costs 
in  reference 
amount) 

(NOT 

0.000 

0.244 

0.122 

0.122 

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

39 

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

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AD/AST – 122.000 EUR per year x 2.0 persons = 244.000 EUR (2011) 

AD/AST – 122.000 EUR per year x 1.0 persons =122.000 EUR (2012-2013) 

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

Year 
2010 

Year 
2011 

Year 
2012 

Year 
2013 

Year 
n+5 

18 01 02 11 01 – Missions 

0.000 

0.004 

0.000 

0.000 

XX 01 02 11 02 – Meetings & Conferences 

0.000 

0.080 

0.020 

0.000 

Year 
n+5 

and 
later 

TOTAL 

0.004 

0.100 

XX 01 02 11 03 – Committees40  

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 

0.084 

0.020 

0.000 

0.104 

40 

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

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