Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on 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)
Date: 2010-10-11
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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EUROPEAN COMMISSION 

Brussels, 11.10.2010 
COM(2010) 555 final 

2008/0242 (COD) 

Amended proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on 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) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

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 for the amendment of the EURODAC Regulation was adopted 
by the Commission in December 20082 (hereafter the December 2008 proposal). 

This proposal was designed to ensure 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. 

The  Commission  adopted  an  amended  proposal  in  September  2009  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 prevention, detection and investigation of terrorist offences and other serious 
criminal offences (the September 2009 proposal).5  

In particular, that proposal introduced a bridging clause to allow access for law enforcement 
purposes as well as the necessary accompanying provisions and amends the December 2008 
proposal.  It  was  presented  at  the  same  time  as  the  Proposal  for  a  Council  Decision  on 
requesting comparisons with EURODAC data by Member States' law enforcement authorities 

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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. An amended proposal was adopted on 19 March 
2010:  Amended  proposal  for  a  Regulation  (EU)  No  …/…  of  the  European  Parliament  and  of  the 
Council on establishing an Agency for the operational management of large-scale IT systems in the area 
of freedom, security and justice, COM(2010)93. 
Establishment of 'Eurodac' for the comparison of fingerprints (recast), P6_TA(2009)0378. 
Such a proposal was called for by Council Conclusions on access to Eurodac by Member States’ police 
and law enforcement authorities as well as Europol of 12 and 13 June 2007. 

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and Europol for law enforcement purposes6 (hereafter: the Council Decision), spelling out the 
exact modalities of such access. 

The  European  Parliament  did  not  issue  a  legislative  resolution  on  the  September  2009 
proposals. 

With the entry into force of the Treaty on the Functioning of the European Union (TFEU) and 
the abolition of the pillar system, the proposal for a Council Decision lapsed. According to the 
Communication  on  the  consequences  of  the  entry  into  force  of  the  Treaty  of  Lisbon  for 
ongoing  interinstitutional  decision-making  procedures,7  such  proposal  would  be  formally 
withdrawn  and  replaced  with  a  new  proposal  to  take  account  of  the  new  framework  of  the 
TFEU.  

However,  with  a  view  to  progressing  on  the  negotiations  on  the  asylum  package  and 
facilitating  the  conclusion  of  an  agreement  on  the  EURODAC  Regulation,  the  Commission 
considers it more appropriate at this stage to withdraw from the EURODAC Regulation those 
provisions referring to the access for law enforcement purposes. 

The Commission considers that enabling thereby the swifter adoption of the new EURODAC 
Regulation will also facilitate the timely set up of the Agency for the operational management 
of  large-scale  IT  systems  in  the  area  of  freedom,  security  and  justice,  since  that  Agency  is 
planned to be also responsible for the management of EURODAC. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

While the present amended proposal introduces two technical provisions,8 its main purpose is 
to amend the previous proposal (ie. from September 2009) by deleting from it the option of 
access for law enforcement purposes. Therefore, no new consultation and impact assessment 
were  conducted  specifically  for  the  present  proposal.  However,  the  Impact  Assessment  of 
20089 is still valid for its purposes. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

This proposal amends the Amended proposal for a 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(2009) 342.  

The present amended proposal uses Article 78(2)(e) of the Treaty on the Functioning of the 
European Union (TFEU) as legal base, which is the TFEU Article corresponding to the legal 

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COM(2009) 344. 
COM(2009) 665 final/2. 
One  to  ensure  consistency  with  the  Dublin  Regulation  and  one  to  clarify  the  need  for  having  the 
system's automated hit replies verified by a fingerprints expert. 
SEC(2008) 2981. 

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base  of  the  original  proposal  (Article  63(1)(a)  of  the  Treaty  establishing  the  European 
Community).  

Title V of the TFEU 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  annexed  to  the  Treaty  on  the  European  Union 
(TEU) and to the TFEU.  

The  United  Kingdom  and  Ireland  are  bound  by  Council  Regulation  (EC)  No  2725/2000 
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.  

Under the Protocol on the position of Denmark, annexed to the TEU and the TFEU, Denmark 
does not take part in the adoption by the Council of the measures pursuant to Title V of the 
TFEU (with the exception of "measures determining the third countries whose nationals must 
be  in  possession  of  a  visa  when  crossing  the  external  borders  of  the  Member  States,  or 
measures relating to a uniform format for visas"). Therefore, 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 
agreement10  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. 

The amendments of the present proposal are the following.  

Articles 2(1)c(iv), 5(f)-(j) and 21(2) are deleted, since they were introduced to accompany the 
bridging clause allowing access for law enforcement purposes.  

In  Article  18(4)  second  indent  and  in  Article  24(1)(b),  references  to  access  for  law 
enforcement purposes are deleted. 

In Article 3, the bridging clause enabling access for law enforcement purposes is deleted. 

In  Article  18(4)  the  need  for  a  check  of  the  automated  hit  result  by  a  fingerprint  expert  is 
clarified. 

In Article 24(1) appropriate provisions are inserted in order to allow the committee under the 
Dublin Regulation to include information on EURODAC in the leaflet to be prepared under 
Article 4(3). 

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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). 

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4. 

BUDGETARY IMPLICATION 

The  present  proposal  has  important  savings  on  the  budgetary  planning  compared  to  the 
previous  proposal  [COM(2009)  344],  which  provided  for  the  possibility  to  carry  out 
comparisons for law enforcement purposes.  

This proposal retains from the 2009 proposal the improvements of the system as regards new, 
asylum-focused functionalities regarding information on the status of the data subject (which 
were  the  outcome  of  negotiations  in  the  Council)  and,  at  the  same  time,  deletes  the 
functionality  of  law  enforcement  searches.  The financial  statement  attached  to  this  proposal 
reflects this change.  

The cost estimate of 230.000 EUR consists of IT-related services, software and hardware and 
would cover the customisations required to the EURODAC central system. 

5. 

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 200111; 

–  the agreement associating Switzerland, concluded on 28 February 200812; 

–  the protocol associating Liechtenstein, signed on 28 February 200813. 

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 countries.14 

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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). 
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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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. 

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

2008/0242 (COD) 

Amended proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on 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  on  the  Functioning  of  the  European  Union  establishing  the  European 
Community, and in particular Article 78 point (2)(e) 63 point (1)(a) thereof, 

Having regard to the proposal from the Commission15, 

Having regard to the opinion of the European Parliament16 

⌦ Acting in accordance with the procedure laid down in Article 294 of the Treaty17 ⌫ 

Whereas 

(cid:216) new 

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  Convention18  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  Convention19. In  the  interest  of  clarity, 
those Regulations should be recast. 

COM(2010) XXX.  
OJ  C  189,  7.7.2000,  p.  105  and  p.  227  and  opinion  delivered  on  21  September  2000  (not  yet  published  in  the 
Official Journal). 
OJ C […], […], p. […]. 
OJ L 316, 15.12.2000, p. 1. 
OJ L 62, 5.3.2002, p. 1. 

(1) 

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19 

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(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 

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

(cid:216) new 

(2) 

(3) 

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 Union. 

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.  

(4) 

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

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

(5) 

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]20⌫,  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) 

20 

COM(2008)XXX. 

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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. 

(6) 

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 

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

(7) 

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

(cid:216) new 

(8) 

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 

(9) 

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. 

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

(10) 

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 nationals or stateless persons ⌫. 

(cid:216) new 

(11)  Hits obtained from EURODAC should be verified by a fingerprint expert in order to ensure 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 the Member States by a third-country 
national or a stateless person].  

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

(12)  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 ⌦ European Union ⌫ 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. 

(13)  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:208) 2725/2000/EC recital 9 (adapted) 

(14) 

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.  

(cid:216) new 

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(15)  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.  

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

(16) 

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  processing, 
data security, access to, and correction of, recorded data. 

(17)  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 

(18) 

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. 

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

(19)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the 
protection  of  individuals  with  regard  to  the  processing  of  personal  data  and  on  the  free 
movement  of  such  data21  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.  

21 

OJ L 281, 23.11.1995, p. 31. 

EN 

11 

   EN 

 
 
 
 
                                                 
(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 

(20)  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 

(21)  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  data22  applies  to  the 
processing  of  personal  data  by  Union  institutions,  bodies,  offices  and  agencies  carried  out  in 
application  of  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. 

(22) 

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,  as 
referred  to  in  Article  41  of  Regulation  (EC)  No  45/2001,  should  monitor  the  activities  of  the 
Union  institutions,  bodies,  offices  and  agencies  in  relation  to  the  processing  of  personal  data 
carried out in application of this Regulation. 

(23) 

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 

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

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

22 

OJ L 8, 12.1.2001, p. 1. 

EN 

12 

   EN 

 
 
 
 
 
                                                 
(cid:216) new 

(25) 

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]. 

(26)  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 individual’s right to protection 
of his or her personal data and the right to asylum. 

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

(27) 

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] ⌫ . 

HAVE ADOPTED THIS REGULATION: 

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

CHAPTER I 

GENERAL PROVISIONS 

Article 1 

Purpose of "EurodacEURODAC" 

1. 

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 

EN 

13 

   EN 

 
 
 
the  application  of  the  Dublin  Convention  ⌦ Regulation ⌫  under  the  conditions  set  out  in 
this Regulation. 

2. 

(a) 

(b) 

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); 

(c) 

means of data transmission between the Member States and the central database. 

3.2.  Without  prejudice  to  the  processing  use  of  data  intended  for  EurodacEURODAC  by  the 
Member State of origin in databases set up under the latter's national law, fingerprint data and 
other personal data may be processed in EurodacEURODAC only for the purposes set out in 
Article 15(1)32(1) of the Dublin Convention ⌦ Regulation ⌫ .  

Article 2 

Definitions 

1. 

For the purposes of this Regulation: 

(a) "the Dublin Convention ⌦ Regulation ⌫ " means the Convention determining the State 
responsible for examining applications for asylum lodged in one of the Member States 
of  the  European  Communities,  signed  at  Dublin  on  15  June  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  6 ⌫  ,  the 
Member State which transmits the personal data to the Central Unit (cid:214) System  
and receives the results of the comparison; 

(ii) in relation to a person covered by Article 8 11 , 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 14 , the Member State which transmits 
such  data  to  the  Central  Unit  (cid:214) System   and  receives  the  results  of  the 
comparison; 

EN 

14 

   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) 18(4). 

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

Article 3 

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. 

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. 

EN 

15 

   EN 

 
 
 
 
(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 6, 11 and 14 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.  

(cid:216) new 

Article 4 

Operational management by the Management Authority 

1. 

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 

EN 

16 

   EN 

 
 
 
 
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. 

2. 

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  tasks  relating  to  the  Communication 
Infrastructure, in particular:  

(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 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. 

EN 

17 

   EN 

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

Article 53  

⌦ 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 6(1), 8(1) and 11(1) 

11(1) and 14(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)  11(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) 14(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: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 and (d). 

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

4. 

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

EN 

18 

   EN 

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

CHAPTER II 

APPLICANTS FOR ASYLUM ⌦ INTERNATIONAL 
PROTECTION ⌫ 

Article 6 4 

Collection, transmission and comparison of fingerprints 

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)  8  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  18  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.  

(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. 

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 

(cid:216) new 

EN 

19 

   EN 

 
 
 
 
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 

3. 

4. 

5. 

Fingerprint  data  within  the  meaning  of  point  (b)  (a)  of  Article  5(1)  8,  transmitted  by  any 
Member  State,  ⌦ with  exception  to  those  transmitted  in  accordance  with  Article  7  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) 8(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 
15(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. 

7. 

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 7 

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 9 for the purpose of transmission under Article 6(5): 

(a) 

(b) 

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 8 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 

EN 

20 

   EN 

 
 
dataset in conformity with Article 8 relating to the person concerned and include his/her date 
of arrival.  

(c) 

(d) 

(e) 

As soon as the Member State of origin can establish that the person concerned whose data was 
recorded  in  EURODAC  in  accordance  with  Article  8  has  left  the  territory  of  the  Member 
States, it shall update its dataset recorded in conformity with Article 8 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  8  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  8  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  8  relating  to 
that applicant by adding the date when the decision to examine the application was taken. 

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

Article 85 

Recording of data 

1. 

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

(ab) fingerprint data; 

(ba)  Member  State  of  origin,  place  and  date  of  the  application  for  asylum  (cid:214) international 
protection; in the cases referred to in Article 7 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 ; 

EN 

21 

   EN 

 
(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 7 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  7  point  (c),  the  date  when  the  person 

concerned left the territory of the Member States; 

(j)  where  applicable  in  accordance  with  Article  7  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  7  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. 

Article 9 6 

Data storage 

Each set of data, as referred to in Article 5(1) 8, 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 10 7 

Advance data erasure 

1. 

Data relating to a person who has acquired citizenship of any Member State before expiry of 
the  period  referred  to  in  Article  6  9  shall  be  erased  from  the  Central  Unit  (cid:214) System ,  in 
accordance with Article 15(3) 21(4) as soon as the Member State of origin becomes aware that 
the person has acquired such citizenship. 

EN 

22 

   EN 

 
 
2. 

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 6(1) or Article 11(1). 

(cid:216) new 

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

CHAPTER III 

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

Article 11 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  back  (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 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; 

EN 

23 

   EN 

 
 
(f) date on which the data were transmitted to the Central Unit (cid:214) System ; 

(g) operator user ID. 

(cid:216) new 

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  18  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 12 9 

Recording of data 

1. 

The data referred to in Article 5(1)(g) and in Article 8(2) 11(2) shall be recorded in the central 
database (cid:214) Central System . 

Without prejudice to Article 3(3)5, data transmitted to the Central Unit (cid:214) System  pursuant 
to  Article  8(2)  11(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) 
11(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) 11(2). 

EN 

24 

   EN 

 
 
2. 

1. 

2. 

3. 

4. 

The procedures provided for in Article 4(1), second sentence, Article 4(2) and Article 5(2) as 
well  as  the  provisions  laid  down  pursuant  to  Article  4(7)  shall  apply.  As  regards  the 
comparison  of  data  on  applicants  for  asylum  (cid:214) international  protection   subsequently 
transmitted  to  the  Central  Unit  (cid:214) System   with  the  data  referred  to  in  paragraph  1,  the 
procedures  provided  for  in  Article  4(3),  (5)  and  (6)  6(3)  and  (5)  and  in  Article  18(4)  shall 
apply. 

Article 13 10 

Storage of data 

Each  set  of  data  relating  to  an  alien  ⌦ third  country  national  or  stateless  person ⌫  as 
referred to in Article 8(1) 11(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)  11(1)  shall  be  erased  from  the  central  database  (cid:214) Central  System   in 
accordance  with  Article  15(3)  21(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 11(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 6(1) or Article 11(1).  

EN 

25 

   EN 

 
(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 14 11 

Comparison of fingerprint data 

1. 

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. 

2. 

3. 

Where Member States take part in the procedure referred to in paragraph 1, they shall transmit 
to the Central Unit (cid:214) System  the fingerprint data relating to all or at least the index fingers, 
and, if those are missing, the prints of all other fingers, of aliens ⌦ third country nationals or 
stateless persons ⌫ referred to in paragraph 1. 

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

EN 

26 

   EN 

 
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) 11(2). 

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

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

(a) erase the fingerprint data and other data transmitted to it under paragraph 1; and 

(b)  destroy  the  media  used  by  the  Member  State  of  origin  for  transmitting  the  data  to  the 

Central Unit, unless the Member State of origin has requested their return. 

CHAPTER V 

RECOGNISED REFUGEES⌦ PERSONS GRANTED 
INTERNATIONAL PROTECTION ⌫  

Article 12 

Blocking of data 

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

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

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

4. 

5. 

1. 

2. 

EN 

27 

   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. 

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. 

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. 

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 15  

Marking of data 

The  Member  State  of  origin  which  granted  international  protection  to  an  applicant  for 
international  protection  whose  data  were  previously  recorded  pursuant  to  Article  8  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  9  for  the  purpose  of 
transmission under Article 6(5).  

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

3. 

4. 

5. 

1. 

2. 

EN 

28 

   EN 

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

CHAPTER VI 

DATA PROCESSING USE, DATA PROTECTION AND LIABILITY 

Article 16 13 

Responsibility for data processing 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)  8,  Article  8(2)  11(2)  and 

Article 11(2) 14(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 processed used. 

In accordance with Article 1411, 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) 18(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  
process use the data recorded ⌦ therein ⌫ in the central database only in accordance 
with the purpose of EurodacEURODAC as laid down in Article 1(1); 

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

2. 

3. 

4. 

EN 

29 

   EN 

 
(b) (c) take the necessary measures to ensure the security of the Central Unit (cid:214) System  in 

accordance with Article 14 11; 

(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  (cid:214) as  well  as  the  European  Data  Protection  Supervisor   of  the  measures  it  takes 
pursuant to the first subparagraph. 

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

Article 172 

Transmission 

1. 

2. 

3. 

4. 

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)  8(1),  Article 
11(2)  and  Article  14(2)  of  the  Eurodac  Regulation  electronically.  (cid:214) The  data  referred  to  in 
Article 8(1) and Article 11(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) 8(d) and Article 11(2)(d) and 14(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 or a person referred to in Article 8 
or Article 11 of the Eurodac Regulation6, Article 11 or Article 14.  

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 

EN 

30 

   EN 

 
identified.  The  identification  letter  or  letters  shall  be  followed  by  the  identification  of  the 
category  of  person.  "1"  refers  to  data  relating  to  asylum  seekers  ⌦ persons  referred  to  in 
Article  6(1) ⌫,  "2" to  persons  referred to in Article  8 11(1) of the  Eurodac Regulation and 
"3" to persons referred to in Article 11 14 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 183 

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  efficient  operation  of  the  Central  Unit  (cid:214) System   ,  the  Central  Unit 
(cid:214) Management Authority  shall establish criteria to ensure the priority handling of requests. 

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

5. 

64. 

1. 

2. 

3. 

EN 

31 

   EN 

(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 
(cid:214) by a fingerprint expert . Final identification shall be made by the Member State of origin 
in  cooperation  with  the  Member  States  concerned,  pursuant  to  Article  1532  of  the  Dublin 
Convention ⌦ Regulation ⌫. 

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

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 194 

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 
(cid:214) System ,  the  Central  Unit  ⌦ Management  Authority ⌫  shall  establish  the  technical 
the  use  of  IDA  generic  services  (cid:214) the  Communication 
procedures  necessary  for 
Infrastructure . 

(cid:208) 2725/2000/EC 

Article 14 

Security 

1. 

The Member State of origin shall take the necessary measures to: 

EN 

32 

   EN 

 
 
 
 
(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 20 

Data security 

1. 

2. 

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. 

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);  

EN 

33 

   EN 

 
(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 25 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. 

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

Article 21 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) 6(5). 

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34 

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2. 

3. 

4. 

5. 

(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) 9 or Article 13(1). 

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

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

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), 

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35 

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– 

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 22 16 

Keeping of records by the Central Unit 

The  Central  Unit  (cid:214) Management  Authority   shall  keep  records  of  all  data  processing 
operations  within  the  Central  Unit  (cid:214) System .  These  records  shall  show  the  purpose  of 
access, the date and time, the data transmitted, the data used for interrogation and the name of 
both the unit putting ⌦ entering ⌫ in or retrieving the data and the persons responsible. 

Such records may be used only for the data-protection monitoring of the admissibility of data 
processing as well as to ensure data security pursuant to Article 14 11. 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 9 and in Article 13(1) has expired , if 
they are not required for monitoring procedures which have already begun.  

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:216) new 

(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. 

1. 

2. 

3. 

1. 

2. 

3. 

The committee shall adopt its rules of procedure. 

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36 

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Article 23 17 

Liability 

1. 

2. 

3. 

1. 

Any  person  who,  or  Member  State  which,  has  suffered  damage  as  a  result  of  an  unlawful 
processing operation or any act incompatible with the provisions laid down in this 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  be  held  liable 
for such damage, unless and insofar as the Commission (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 24 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 . 

(c) the recipients of the data; 

(d) in relation to a person covered by Article 4 6 or Article 8 11, 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 25(1) . 

In relation to a person covered by Article 4 6 or Article 8 11, the information referred to in the 
first subparagraph shall be provided when his/her fingerprints are taken. 

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In  relation  to  a  person  covered  by  Article  11  14,  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. 

(cid:216) new 

A common leaflet, containing at least the information referred to in paragraph 1 of this Article 
and the information referred to in Article 4(1) of the Dublin Regulation shall be drawn up in 
accordance with the procedure referred to in Article 40(2) of the Dublin Regulation.  

Where  a  person  covered  by  this  Regulation  is  a  minor,  Member  States  shall  provide  the 
information in an age-appropriate manner.  

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

2. 

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)  21(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. 

3. 

4. 

5. 

6. 

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38 

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

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

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

(cid:216) new 

Whenever  a  person  requests  data  relating  to  him  or  her  in  accordance  with  paragraph  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 25(1) without delay, upon their request. 

7. 

8. 

9. 

(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. 

EN 

39 

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1. 

2. 

1. 

2. 

Article 25 19 

⌦ Supervision by the ⌫ National Ssupervisory Aauthority 

Each  Member  State  shall  provide  that  the  national  supervisory  authority  or  authorities 
designated  pursuant  to  Article  28(1)  of  Directive  95/46/EC  shall  monitor  independently,  in 
accordance  with  its  respective  national  law,  the  lawfulness  of  the  processing,  in  accordance 
with  this  Regulation,  of  personal  data  by  the  Member  State  in  question,  including  their 
transmission to the Central Unit (cid:214) System . 

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

(cid:216) new 

Article 26 

Supervision by the European Data Protection Supervisor 

The  European  Data  Protection  Supervisor  shall  ensure  that  the  personal  data  processing 
activities concerning EURODAC, in particular by the Management Authority are carried out 
in accordance with Regulation (EC) No 45/2001 and 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  Commission  and  the 
National Supervisory Authorities. The Management Authority shall be given an opportunity to 
make comments before the report is adopted. 

Article 27 

Cooperation between National Supervisory Authorities and the European Data Protection Supervisor 

1. 

2. 

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. 

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3. 

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

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

CHAPTER VII 

FINAL PROVISIONS 

Article 28 21 

Costs 

1. 

2. 

3. 

1. 

2. 

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

The  costs  incurred  by  national  (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 29 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. 

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41 

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3. 

4. 

3. 

4. 

5. 

6. 

7. 

8. 

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

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

(cid:216) new 

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

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

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

Three  years  after  Eurodac  starts  operations  (cid:214) the  start  of  application  of  this  Regulation  as 
provided for in Article 34(2)  and every six (cid:214) four  years thereafter, the Commission shall 
produce  an  overall  evaluation  of  EurodacEURODAC,  examining  results  achieved  against 
objectives  and  assessing  the  continuing  validity  of  the  underlying  rationale,  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.  

(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 4 is established, the Commission will 
only produce reports in accordance with paragraph 1 and 5. 

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

Article 30 25 

Penalties 

Member States shall ⌦ take the necessary measures to ⌫ ensure that ⌦ any ⌫ processing 
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 subject to appropriate 
penalties ⌦ is punishable by penalties, including administrative and/or criminal penalties in 
accordance with national law, that are effective, proportionate and dissuasive ⌫. 

Article 31 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 32 

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  15(1)  of  this 
Regulation on the date provided for in Article 34(2).  

(cid:208) 

Article 33 

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 

EN 

43 

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certain  rules  to  implement  Regulation  (EC)  No  2725/2000  concerning  the  establishment  of 
"Eurodac"  for  the  comparison  of  fingerprints  for  the  effective  application  of  the  Dublin 
Convention are repealed with effect from the date provided for in Article 34(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 34 27 

Entry into force and applicability 

1. 

2. 

3. 

4. 

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   to  begin  operations  in  accordance  with  ⌦ this  Regulation ⌫  the 
implementing rules adopted under Article 4(7) and Article 12(5). 

(cid:216) new 

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.  

This Regulation shall be binding in its entirety and directly applicable in the Member States in 
accordance with the Treaty on the Functioning of the European Union. 

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Done at Brussels,  

(cid:208) 2725/2000/EC 

For the European Parliament 
The President 

For the Council 
The President 

EN 

45 

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(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. 

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Annex II 

EN 

47 

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(cid:207) 

ANNEX II 
Repealed Regulations 
(referred to in Article 33) 

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.) 

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Regulation 2725/2000/EC 

This Regulation 

ANNEX III 
Correlation table 

Article 1(1) 

Article 1(2), first 
subparagraph 

Article 1(2), second 
subparagraph 

Article 1(2), third 
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 1(1) 

Article 4(1) 

Article 4(4) 

Article 3(4) 

Article 1(2) 

deleted 

Article 2 

Article 5(3) 

Article 5 

deleted 

Article 6(1), 3(5) 

Deleted 

Article 6(3) 

Article 6(4) 

Article 6(5) 

Article 19(4) 

Article 8 

Article 9 

Article 10 

Article 11 

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Article 9 

Article 10 

Article 12 

Article 13 

Article 11(1)-(4) 

Article 14(1)-(4) 

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 15 

Article 16 

- Article 20 

Article 21 

Article 22 

Article 23 

Article 24 

Article 25 

-- 

Article 28 

deleted 

deleted 

Article 29 

Article 30 

Article 31 

Article 34 

Annex II 

EN 

50 

   EN 

 
Regulation 407/2002/EC 

This Regulation 

Article 2 

Article 3 

Article 4 

Article 17 

Article 18 

Article 19 

Article 5(1) 

Article 3(2) 

Annex I 

Annex II 

Annex I 

- 

EN 

51 

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1.  Title of the proposal/initiative  

Amended  proposal  for  a  Regulation  of  the  European  Parliament  and  the  Council  on  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 asylum application lodged in one of the Member 
States by a third-country national or a stateless person. 

1.2.  Policy area(s) concerned in the ABM/ABB structure 

Area of Freedom, Security and Justice (title 18) 

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

1.3.  Nature of the proposal/initiative  

The  proposal  relates  to  the  extension  of  an  existing  action,  ie.  the  amendment  of  the 
Regulation establishing the EURODAC database. 

1.4.  Objective(s)  

This proposal retains from the previous proposal [COM (2009) 342 final] the improvements of 
the  system  as  regards  new,  asylum-focused  functionalities and, at the same time, deletes the 
functionality of law enforcement searches proposed in that same proposal. 

The  cost  estimate  of  230.000  EUR  in  this  financial  statement  replaces  the  2.415.000€  asked 
for in the 2009 proposal mentioned above. 

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. 

1.5.  Grounds for the proposal/initiative 

This  proposal  will  provide  a  solution  to  the  issues  flagged  for  improvement  during  the  five 
years  of operation of  the  already existing database. It was drafted in full coherence with the 
recast proposal on the Dublin Regulation.23 

23 

Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms 
for determining the Member State responsible for examining an application for international protection lodged in 
one of the Member States by a third-country national or a stateless person, COM(2008) 820. 

EN 

52 

   EN 

 
 
 
 
 
                                                 
1.6.  Duration and financial impact 

It  is  envisaged  that  the  Regulation  will  be  adopted  by  the  end  of  2011  for  an  undetermined 
duration. 

Financial impact from 2011 to 2012. 

1.7.  Management method(s) envisaged 

Centralised  direct  management  by  the  Commission.  After  an  interim  period,  the  operational 
management of EURODAC is expected to be transferred to an 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 was presented by the Commission, assessing the relevant 
costs. 

2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

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

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

2.2.  Management and control system  

The  operational  management  of  EURODAC  (currently  under  centralised  direct  management 
by the Commission) is expected to be transferred to an 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 was presented by the Commission, assessing the relevant costs.24 

2.3.  Measures to prevent fraud and irregularities  

In order to combat fraud, corruption and other unlawful activities, the provisions of Regulation 
(EC)  No  1037/1999  shall  apply  without  restriction  to  the  Agency  responsible  for  the 
management  of  EURODAC  (once  established  on  the  basis  of  the  Amended  proposal  for  a 
Regulation (EU) No …/… of the European Parliament and of the Council on establishing an 
Agency  for  the  operational  management  of  large-scale  IT  systems  in  the  area  of  freedom, 
security and justice, COM(2010)93). 

24 

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. An amended proposal was adopted on 19 March 2010: Amended proposal for 
a  Regulation  (EU)  No  …/…  of  the  European  Parliament  and  of  the  Council  on  establishing  an  Agency  for  the 
operational management of large-scale IT systems in the area of freedom, security and justice, COM(2010)93. 

EN 

53 

   EN 

 
 
 
 
 
                                                 
3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

3.1.  Heading(s) of the multiannual financial framework and expenditure budget line(s) 
affected  

Financial framework 2007-2013: Heading 3A  

Budget line: 18.03.11 - Eurodac 

3.2.  Estimated impact on expenditure  

3.2.1. Summary of estimated impact on expenditure  

Total impact on expenditure: 293.000 EUR. 

3.2.2. Estimated impact on operational appropriations  

The total impact on operational appropriations is 230.000 EUR. 

3.2.3. Estimated impact on appropriations of an administrative nature 

The total impact on appropriations of an administrative nature is 63.000 EUR. 

3.2.4. Compatibility with the current multiannual financial framework 

The proposal is compatible with the current multiannual financial framework. 

3.2.5. Third-party participation in financing  

The proposal does not provide for co-financing by third parties.  

3.3.  Estimated impact on revenue 

An impact on revenue of 29.000 EUR is expected from NO, IS and CH contributions. 

EN 

54 

   EN 

 
 
 
 
 
 
 
 
LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative  

Amended  proposal  for  a  Regulation  of  the  European  Parliament  and  the  Council  on  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 asylum application lodged in one of the Member 
States by a third-country national or a stateless person.25 

1.2. 

Policy area(s) concerned in the ABM/ABB structure26  

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

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

1.3. 

Nature of the proposal/initiative  

(cid:133) The proposal/initiative relates to a new action  

(cid:133) The proposal/initiative relates to a new action following a pilot project/preparatory action27  

⌧ The proposal/initiative relates to the extension of an existing action  

(cid:133) The proposal/initiative relates to an action redirected towards a new action  

1.4. 

Objectives 

1.4.1.  The Commission's multiannual strategic objective(s) targeted by the proposal/initiative  

Non applicable. 

1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned  

Specific objective No.. 

Contribute  to  the  completion  of  the  Common  European  Asylum  System  by  adopting  higher 
common  standards  of  protection,  supporting  practical  cooperation  and  increasing  solidarity 
within  the  EU  and  between  the  EU  and  third  countries  with  the  support  of  the  European 
Refugee Fund. 

ABM/ABB activity(ies) concerned 

25 

26 
27 

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. 
ABM: Activity-Based Management – ABB: Activity-Based Budgeting. 
As referred to in Article 49(6)(a) or (b) of the Financial Regulation. 

EN 

55 

   EN 

                                                 
18 03 : Migration flows — Common immigration and asylum policies. 

EN 

56 

   EN 

1.4.3.  Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

This proposal retains from the previous proposal [COM (2009) 342 final] the improvements of 
the  system  as  regards  new,  asylum-focused  functionalities and, at the same time, deletes the 
functionality of law enforcement searches proposed in that same proposal. The cost estimate 
of 230.000 EUR replaces the 2.415.000€ as ked for in the 2009 proposal. 

The  proposal  will  better  manage  and  protect  the  data  of  data  subjects  while  it  will  also 
facilitate  Member  States'  procedures  to  determine  the  Member  State  responsible  for  the 
assessment of an asylum claim. 

1.4.4. 

Indicators of results and impact  

Specify the indicators for monitoring implementation of the proposal/initiative. 

The main objectives of the proposal are to improve the efficiency of EURODAC and to better 
address  data  protection  concerns.  The  indicators  would  be  the  statistics  on  the  operation  of 
EURODAC, eg. those on missed hits and wrong hits, transmission delays, etc. 

1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term  

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

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

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

In  order  to  ensure  consistency  with  the  asylum  acquis,  the  storage  period  for  data  on  third 
country nationals or stateless persons fingerprinted in connection with the irregular crossing of 
an external border is proposed to be aligned with the period until which Article 10(1) of the 
Dublin Regulation allocates responsibility on the basis of that information (i.e. one year).  

Based on the outcome of negotiations in the Council, a new Article was introduced in order to 
provide  information  to  Member  States  on  the  status  of  the  data  subject  (asylum  seekers  or 
irregular entrant). This article foresees that Member States are also informed if a given person, 
whose  data  is  stored  in  the  database,  was  transferred  following  a  Dublin  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. 

EN 

57 

   EN 

1.5.2.  Added value of EU involvement 

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

1.5.3.  Lessons learned from similar experiences in the past 

Non applicable. 

1.5.4.  Coherence and possible synergy with other relevant instruments 

The  present  proposal  was  drafted  in  full  coherence  with  the  recast  proposal  on  the  Dublin 
Regulation.28 

28 

Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms 
for determining the Member State responsible for examining an application for international protection lodged in 
one of the Member States by a third-country national or a stateless person, COM(2008) 820. 

EN 

58 

   EN 

                                                 
1.6. 

Duration and financial impact  

(cid:133) Proposal/initiative of limited duration  

–  (cid:133) Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY  

–  (cid:133) Financial impact from YYYY to YYYY  

⌧ Proposal/initiative of unlimited duration 

–  Implementation with a start-up period from 2011 to 2012, 

–  followed by full-scale operation. 

1.7.  Management mode(s) envisaged29  

⌧ Centralised direct management by the Commission  

(cid:133) Centralised indirect management with the delegation of implementation tasks to: 

–  (cid:133) executive agencies  

–  (cid:133) bodies set up by the Communities30  

–  (cid:133) national public-sector bodies/bodies with public-service mission  

–  (cid:133) persons entrusted with the implementation of specific actions pursuant to Title V of the 
Treaty  on  European  Union  and  identified  in  the  relevant  basic  act  within  the  meaning  of 
Article 49 of the Financial Regulation  

(cid:133) Shared management with the Member States  

(cid:133) Decentralised management with third countries  

⌧ Joint management with international organisations  

Comments  

The operational management of EURODAC is expected to be transferred to an 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 was presented by the Commission, assessing the relevant costs.31 

29 

30 
31 

Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the  BudgWeb  site: 
http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html 
As referred to in Article 185 of the Financial Regulation. 
COM(2010)93. 

EN 

59 

   EN 

                                                 
2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

Monitoring  of  the  efficiency  of  the  changes  introduced  by  the  present  proposal  is  to  be 
performed in the framework of the annual reports on the activities of the EURODAC Central 
Unit. Monitoring of data protection issues will be performed by the European Data Protection 
Supervisor. 

2.2.  Management and control system  

2.2.1.  Risk(s) identified  

Failing  to  make  important  amendments  to  the  Regulation  in  force,  the  efficiency  of 
EURODAC could be undermined, as well as its supporting role to the implementation of the 
Dublin  Regulation.  Not  being  able  to  keep  up  with  the  changes  of  the  asylum  and  data 
protection acquis would be also an important risk. 

2.2.2.  Control method(s) envisaged  

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

2.3.  Measures to prevent fraud and irregularities  

In order to combat fraud, corruption and other unlawful activities, the provisions of Regulation 
(EC)  No  1037/1999  shall  apply  without  restriction  to  the  Agency  responsible  for  the 
management  of  EURODAC  (once  established  on  the  basis  of  the  Amended  proposal  for  a 
Regulation (EU) No …/… of the European Parliament and of the Council on establishing an 
Agency  for  the  operational  management  of  large-scale  IT  systems  in  the  area  of  freedom, 
security and justice, COM(2010)93). 

EN 

60 

   EN 

3. 

3.1. 

Heading of 
multiannual 
financial 
framework 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected  

•  Existing expenditure budget lines  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of  
expenditure

Contribution  

Number 
[Description………………………...……….] 

DA/NDA 
(32) 

from 
EFTA33 
countries 

from 
candidate 
countries34 

from third 
countries 

within the meaning 
of Article 18(1)(aa) 
of the Financial 
Regulation  

3A 

18.03.11 

Eurodac 

DA 

NO 

NO 

YES 

NO 

•  New budget lines requested  

In order of multiannual financial framework headings and budget lines. 

Heading of 
multiannual 
financial 
framework 

Budget line 

Type of 
expenditure

Contribution  

Number  
[Heading……………………………………..] 

Diff./non-
diff. 

from 
EFTA 
countries 

from 
candidate 
countries 

from third 
countries 

within the meaning 
of Article 18(1)(aa) 
of the Financial 
Regulation  

[XX.YY.YY.YY] 

[…] 

[…] 

[…] 

YES/NO 

YES/NO 

YES/NO 

YES/NO 

32 
33 
34 

DA= Differentiated appropriations / DNA= Non-Differentiated Appropriations 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

EN 

61 

   EN 

                                                 
3.2. 

Estimated impact on expenditure  

3.2.1. 

Summary of estimated impact on expenditure  

Heading of multiannual financial 
framework:  

Number 

[Heading 
3A……………...……………………………………………………………….] 

EUR million (to 3 decimal places) 

DG: <Home Affairs> 

(cid:121) Operational appropriations  

Number of budget line 18 03 11 

Number of budget line 18 03 11 

Appropriations 
of 
 from the envelop of specific programs36  
Number of budget line 

an 

administrative 

TOTAL appropriations 
for DG <Home Affairs> 

Year 
N35 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

TOTAL 

Commitments 

Payments 

Commitments 

Payments 

(1) 

(2) 

(1a) 

(2a) 

nature 

financed 

Commitments 

Payments 

(3) 

=1+1a 
+3 

=2+2a 

+3 

0.230 
0.046 

0.000 
0.184 

0.000 
0.000 

0.000 
0.000 

0.230 

0.000 

0.000 

0.000 

0.046 

0.184 

0.000 

0.000 

0.230 
0.230 

0.230 

0.230 

35 
36 

EN 

Year N is the year in which implementation of the proposal/initiative starts. 
Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former "BA" lines), indirect research, direct 
research. 

62 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
(cid:121) TOTAL operational appropriations  

Commitments 

Payments 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelop of specific programs  

(4) 

(5) 

(6) 

0.230 

0.046 

0.000 

0.184 

0.000 

0.000 

0.000 

0.000 

TOTAL appropriations  
under HEADING <3A.> 
of the multiannual financial framework 

Commitments 

=4+ 6 

0.230 

0.000 

0.000 

0.000 

Payments 

=5+ 6 

0.046 

0.184 

0.000 

0.000 

0.230 

0.230 

0.230 

0.230 

If more than one heading is affected by the proposal / initiative: 

(cid:121) TOTAL operational appropriations  

Commitments 

Payments 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelop of specific programs  

(4) 

(5) 

(6) 

TOTAL appropriations  
under HEADINGS 1 to 4 
of the multiannual financial framework 
(Reference amount) 

Commitments 

=4+ 6 

Payments 

=5+ 6 

EN 

63 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Heading of multiannual financial 
framework:  

5 

" Administrative expenditure " 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many years as 
necessary to show the duration 
of the impact (see point 1.6)  

TOTAL 

EUR million (to 3 decimal places) 

DG: <Home Affairs> 

(cid:121) Human resources  
(cid:121) Other administrative expenditure  

0.061 

0.002 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

TOTAL DG <Home Affairs> 

Appropriations  

0.063 

0.000 

0.000 

0.000 

TOTAL appropriations 
under HEADING 5 
of the multiannual financial framework  

(Total 
= Total payments) 

commitments 

0.063 

0.000 

0.000 

0.000 

0.061 

0.002 

0.063 

0.063 

Year 
N37 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

TOTAL 

EUR million (to 3 decimal places) 

TOTAL appropriations  
under HEADINGS 1 to 5 
of the multiannual financial framework  

Commitments 

0.293 

0.000 

0.000 

0.000 

Payments 

0.109 

0.184 

0.000 

0.000 

0.293 

0.293 

37 

Year N is the year in which implementation of the proposal/initiative starts. 

EN 

64 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.2.  Estimated impact on operational appropriations  

–  (cid:133) The proposal/initiative does not require the use of operational appropriations  

–  ⌧ The proposal/initiative requires the use of operational appropriations, as explained below: 

Indicate 
objectives and 
outputs  

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many years as necessary to show 
the duration of the impact (see point 1.6) 

TOTAL 

OUTPUTS 

Commitment appropriations in EUR million (to 3 decimal places) 

(cid:216) 

Type 
of 
output
38 

Avera
ge 
cost  
of the 
ouput 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

SPECIFIC OBJECTIVE No 139… 

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

Total 
numbe
r of 
ouputs 

- Output 

Imple

0.230 

0.000 

0.000 

0.000 

- Output 

- Output 

Sub-total for specific objective N°1 

0.230 

0.000 

0.000 

0.000 

SPECIFIC OBJECTIVE No 2… 

- Output 

Sub-total for specific objective N°2 

TOTAL COST 

0.230 

0.000 

0.000 

0.000 

Total  
cost 

0.230 

0.230 

0.230 

38 
39 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. "Specific objective(s)…" 

EN 

65 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary  

–  (cid:133) The  proposal/initiative  does  not 

require 

the  use  of  administrative 

appropriations  

–  ⌧ The  proposal/initiative  requires  the  use  of  administrative  appropriations,  as 

explained below: 

EUR million (to 3 decimal places) 

Year 
N 40 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many years as necessary 
to show the duration of the impact 
(see point 1.6) 

TOTAL 

HEADING 5 
of the multiannual 
financial framework 

Human resources  

0.061 

0.000 

0.000 

0.000 

0.002 

0.000 

0.000 

0.000 

0.063 

0.000 

0.000 

0.000 

Other administrative 
expenditure  

Subtotal HEADING 5 
of the multiannual 
financial framework  

Outside HEADING 541 
of the multiannual 
financial framework  

Human resources  

Other expenditure  
of an administrative 
nature 

Subtotal  
outside HEADING 5 
of the multiannual 
financial framework  

0.061 

0.002 

0.063 

TOTAL 

0.063 

0.000 

0.000 

0.000 

0.063

40 
41 

Year N is the year in which implementation of the proposal/initiative starts. 
Technical  and/or  administrative  assistance  and  expenditure  in  support  of  the  implementation  of  EU 
programmes and/or actions (former "BA" lines), indirect research, direct research. 

EN 

66 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.3.2.   Estimated requirements of human resources  

–  (cid:133) The proposal/initiative does not require the use of human resources  

–  ⌧ The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 

below: 

Estimate to be expressed in full amounts (or at most to one decimal place) 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many y
necessary to sho
duration of the i
(see point 1.

lishment plan posts (officials and temporary agents) 

XX 01 01 01 (Headquarters and Commission’s 
Representation Offices) 

0.5 

0 

0 

0 

XX 01 01 02 (Delegations) 

XX 01 05 01 (Indirect research) 

10 01 05 01 (Direct research) 

(cid:121) External personnel (in Full Time Equivalent unit: FTE)42 

XX 01 02 01 (CA, INT, SNE from the "global 
envelope") 

XX 01 02 02 (CA, INT, JED, LA and SNE in 
the delegations) 

XX 01 04 yy 43 

- at Headquarters44 

- in delegations  

XX 01 05 02 (CA, INT, SNE - Indirect 
research) 

10 01 05 02 (CA, INT, SNE - Direct research) 

Other budget lines (specify) 

TOTAL 

0.5 

0 

0 

0 

XX is the policy area or budget title concerned. 

The human resources required will be met by staff from the DG who are already assigned to 
management of the action and/or have been redeployed within the DG, together if necessary 
with any additional allocation which may be granted to the managing DG under the annual 
allocation procedure and in the light of budgetary constraints. 

Description of tasks to be carried out: 

Officials and temporary agents 

Prepare  the  procurement  of  the  additional  functionalities  and  follow-up  the 
implementation including testing with Member States. 

42 

43 
44 

CA= Contract Agent; INT= agency staff ("Intérimaire"); JED= "Jeune Expert en Délégation" (Young 
Experts in Delegations); LA= Local Agent; SNE= Seconded National Expert;  
Under the ceiling for external personnel from operational appropriations (former "BA" lines). 
Essentially  for  Structural  Funds,  European  Agricultural  Fund  for  Rural  Development  (EAFRD)  and 
European Fisheries Fund (EFF). 

EN 

67 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
External personnel 

EN 

68 

   EN 

 
 
3.2.4.  Compatibility with the current multiannual financial framework  

–  ⌧ Proposal/initiative is compatible the current multiannual financial framework. 

–  (cid:133) Proposal/initiative  will  entail  reprogramming  of  the  relevant  heading  in  the 

multiannual financial framework. 

Explain what reprogramming is required, specifying the budget lines concerned and the corresponding 
amounts. 

[…] 

–  (cid:133) Proposal/initiative requires application of the flexibility instrument or revision 

of the multiannual financial framework45. 

Explain what is required, specifying the headings and budget lines concerned and the corresponding 
amounts. 

[…] 

3.2.5.  Third-party contributions  

–  The proposal/initiative does not provide for co-financing by third parties  

–  The proposal/initiative provides for the co-financing estimated below: 

Appropriations in EUR million (to 3 decimal places) 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

Total 

Specify  the  co-financing 
body  

TOTAL appropriations 
cofinanced  

45 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

69 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.3. 

Estimated impact on revenue  

–  (cid:133) Proposal/initiative has no financial impact on revenue. 

–  ⌧ Proposal/initiative has the following financial impact: 

– 

– 

(cid:133) 

⌧ 

on own resources  

on miscellaneous revenue  

Budget revenue line: 

Appropriation
s available for 
the ongoing 
budget 
exercise 

EUR million (to 3 decimal places) 

Impact of the proposal/initiative46 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… insert as many columns as necessary 
in order to reflect the duration of the 
impact (see point 1.6) 

Article 6312 

0.000 

0.006 

0.023 

0.000 

For miscellaneous assigned revenue, specify the budget expenditure line(s) affected. 

[Revenue line 6312] 

Specify the method for calculating the impact on revenue. 

[NO, IS and CH contribute for a total of 12.381% in the payments made over a given year] 

46 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 25% for collection costs. 

EN 

70 

   EN