Purpose of ‘Eurodac’
1. A system known as ‘Eurodac’ is hereby established. Its purpose is to:
(a)
support the asylum system, including by assisting in determining which Member State is to be responsible pursuant to Regulation (EU) 2024/1351 for examining an application for international protection registered in a Member State by a third-country national or a stateless person and by facilitating the application of that Regulation under the conditions set out in this Regulation;
(b)
assist with the application of Regulation (EU) 2024/1350 under the conditions set out in this Regulation;
(c)
assist with the control of irregular immigration to the Union, with the detection of secondary movements within the Union and with the identification of illegally staying third-country nationals and stateless persons for the purpose of determining the appropriate measures to be taken by Member States;
(d)
assist with the protection of children, including in the context of law enforcement;
(e)
lay down the conditions under which Member States’ designated authorities and the Europol designated authority may request the comparison of biometric or alphanumeric data with those stored in Eurodac for law enforcement purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences;
(f)
assist in the correct identification of persons registered in Eurodac in accordance with Article 20 of Regulation (EU) 2019/818 by storing identity data, travel document data and biometric data in the common identity repository (CIR);
(g)
support the objectives of the European Travel Information and Authorisation System (ETIAS) established by Regulation (EU) 2018/1240;
(h)
support the objectives of the Visa Information System (VIS) referred to in Regulation (EC) No 767/2008;
(i)
support evidence-based policy making through the production of statistics;
(j)
assist with the implementation of Directive 2001/55/EC.
2. Without prejudice to the processing of data intended for Eurodac by the Member State of origin in databases set up under that Member State’s national law, biometric data and other personal data may be processed in Eurodac only for the purposes set out in this Regulation, in Regulations (EC) No 767/2008, (EU) 2018/1240, (EU) 2019/818, (EU) 2024/1351 and (EU) 2024/1350 and in Directive 2001/55/EC.
This Regulation fully respects human dignity and fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union (the ‘Charter’), including the right to respect for private life, the right to the protection of personal data, the right to asylum and the prohibition of torture and inhuman or degrading treatment. In that respect, the processing of personal data in accordance with this Regulation shall not result in any discrimination against persons covered by this Regulation based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.
A person’s right to privacy and to data protection shall be safeguarded in accordance with this Regulation, both with regard to access by the Member States’ authorities and by the Union’s authorised agencies to Eurodac.
Definitions
1. For the purposes of this Regulation:
(a)
‘applicant for international protection’ means a third-country national or a stateless person who has made an application for international protection as defined in Article 3, point (7), of Regulation (EU) 2024/1347 in respect of which a final decision has not yet been taken;
(b)
‘person registered for the purpose of conducting an admission procedure’ means a person who has been registered for the purpose of conducting a resettlement or humanitarian admission procedure in accordance with Article 9(3) of Regulation (EU) 2024/1350;
(c)
‘person admitted in accordance with a national resettlement scheme’ means a person resettled by a Member State outside the framework of Regulation (EU) 2024/1350, where that person is granted international protection as defined in Article 3, point (3), of Regulation (EU) 2024/1347 or humanitarian status under national law within the meaning of Article 2(3), point (c), of Regulation (EU) 2024/1350 in accordance with the rules governing the national resettlement scheme;
(d)
‘humanitarian status under national law’ means a humanitarian status under national law that provides for rights and obligations equivalent to the rights and obligations set out in Articles 20 to 26 and 28 to 35 of Regulation (EU) 2024/1347;
(e)
‘Member State of origin’ means:
(i)
in relation to a person covered by Article 15(1), the Member State which transmits the personal data to Eurodac and receives the results of the comparison;
(ii)
in relation to a person covered by Article 18(1), the Member State which transmits the personal data to Eurodac and receives the results of the comparison;
(iii)
in relation to a person covered by Article 18(2), the Member State which transmits the personal data to Eurodac;
(iv)
in relation to a person covered by Article 20(1), the Member State which transmits the personal data to Eurodac;
(v)
in relation to a person covered by Article 22(1), the Member State which transmits the personal data to Eurodac and receives the results of the comparison;
(vi)
in relation to a person covered by Article 23(1), the Member State which transmits the personal data to Eurodac and receives the results of the comparison;
(vii)
in relation to a person covered by Article 24(1), the Member State which transmits the personal data to Eurodac and receives the results of the comparison;
(viii)
in relation to a person covered by Article 26(1), the Member State which transmits the personal data to Eurodac and receives the results of the comparison;
(f)
‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) TFEU and who is not a national of a state which participates in the application of this Regulation by virtue of an agreement with the Union;
(g)
‘illegal stay’ means the presence on the territory of a Member State of a third-country national or a stateless person who does not fulfil or no longer fulfils the conditions of entry set out in Article 6 of Regulation (EU) 2016/399 of the European Parliament and of the Council ( 34 ) or other conditions for entry, stay or residence in that Member State;
(h)
‘beneficiary of international protection’ means a person who has been granted refugee status as defined in Article 3, point (1), of Regulation (EU) 2024/1347 or subsidiary protection status as defined in Article 3, point (2), of that Regulation;
(i)
‘beneficiary of temporary protection’ means a person who enjoys temporary protection as defined in Article 2, point (a), of Directive 2001/55/EC and in a Council Implementing Decision introducing temporary protection or any other equivalent national protection introduced in response to the same event as that Council Implementing Decision;
(j)
‘hit’ means the existence of a match or matches established by Eurodac by means of a comparison between biometric data recorded in the computerised central database and those transmitted by a Member State with regard to a person, without prejudice to the requirement that Member States immediately check the results of the comparison pursuant to Article 38(4);
(k)
‘National Access Point’ means the designated national system which communicates with Eurodac;
(l)
‘Europol Access Point’ means the designated Europol system which communicates with Eurodac;
(m)
‘Eurodac data’ means all data stored in Eurodac in accordance with Article 17(1) and (2), Article 19(1), Article 21(1), Article 22(2) and (3), Article 23(2) and (3), Article 24(2) and (3) and Article 26(2);
(n)
‘law enforcement’ means the prevention, detection or investigation of terrorist offences or of other serious criminal offences;
(o)
‘terrorist offence’ means an offence under national law which corresponds or is equivalent to one of the offences referred to in Directive (EU) 2017/541;
(p)
‘serious criminal offence’ means an offence which corresponds or is equivalent to those referred to in Article 2(2) of Framework Decision 2002/584/JHA, if it is punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years;
(q)
‘fingerprint data’ means the data relating to plain and rolled impressions of the fingerprints of all ten fingers, where present, or a latent fingerprint;
(r)
‘facial image data’ means digital images of the face with sufficient image resolution and quality to be used in automatic biometric matching;
(s)
‘biometric data’ means fingerprint data or facial image data;
(t)
‘alphanumeric data’ means data represented by letters, digits, special characters, space or punctuation marks;
(u)
‘residence document’ means any authorisation issued by the authorities of a Member State authorising a third-country national or a stateless person to stay on its territory, including the documents substantiating the authorisation to remain on the territory under temporary protection arrangements or until the circumstances preventing a removal order from being carried out no longer apply, with the exception of visas and residence authorisations issued during the period required to determine the Member State responsible as established in Regulation (EU) 2024/1351 or during the examination of an application for international protection or an application for a residence permit;
(v)
‘interface control document’ means a technical document that specifies the necessary requirements with which the National Access Points or the Europol Access Point are to comply in order to be able to communicate electronically with Eurodac, in particular by detailing the format and possible content of the information to be exchanged between Eurodac and the National Access Points or the Europol Access Point;
(w)
‘CIR’ means the common identity repository as established by Article 17(1) and (2) of Regulation (EU) 2019/818;
(x)
‘identity data’ means the data referred to in Article 17(1), points (c) to (f) and (h), Article 19(1), points (c) to (f) and (h), Article 21(1), points (c) to (f) and (h), Article 22(2), points (c) to (f) and (h), Article 23(2), points (c) to (f) and (h), Article 24(2), points (c) to (f) and (h), and Article 26(2), points (c) to (f) and (h);
(y)
‘dataset’ means the set of information recorded in Eurodac on the basis of Article 17, 19, 21, 22, 23, 24 or 26, corresponding to one set of fingerprints of a data subject and composed of biometric data, alphanumeric data and, where available, a scanned colour copy of an identity or travel document;
(z)
‘child’ or ‘minor’ means a third-country national or a stateless person below the age of 18 years.
2. The definitions set out in Article 4 of Regulation (EU) 2016/679 shall apply to this Regulation in so far as personal data are processed by the authorities of the Member States for the purposes laid down in Article 1(1), points (a), (b), (c) and (j) of this Regulation.
3. Unless stated otherwise, the definitions set out in Article 2 of Regulation (EU) 2024/1351 shall apply to this Regulation.
4. The definitions set out in Article 3 of Directive (EU) 2016/680 shall apply to this Regulation in so far as personal data are processed by the competent authorities of the Member States for law enforcement purposes.
System architecture and basic principles
1. Eurodac shall consist of:
(a)
a Central System composed of:
(i)
a Central Unit,
(ii)
a business continuity plan and system;
(b)
a communication infrastructure between the Central System and Member States that provides a secure and encrypted communication channel for Eurodac data (the ‘Communication Infrastructure’);
(c)
the CIR;
(d)
a secure communication infrastructure between the Central System and the central infrastructures of the European search portal and between the Central System and the CIR.
2. The CIR shall contain the data referred to in Article 17(1), points (a) to (f), (h) and (i), Article 19(1), points (a) to (f), (h) and (i), Article 21(1), points (a) to (f), (h) and (i), Article 22(2), points (a) to (f), (h) and (i), Article 23(2), points (a) to (f), (h) and (i), Article 24, paragraph (2), points (a) to (f) and (h), and paragraph (3), point (a), and Article 26(2), points (a) to (f), (h) and (i). The remaining Eurodac data shall be stored in the Central System.
3. The Communication Infrastructure shall use the existing ‘Secure Trans European Services for Telematics between Administrations’ (TESTA) network. In order to ensure confidentiality, personal data transmitted to or from Eurodac shall be encrypted.
4. Each Member State shall have a single National Access Point. Europol shall have a single access point (the Europol Access Point).
5. Data relating to persons covered by Article 15(1), Article 18(2), Article 20(1), Article 22(1), Article 23(1), Article 24(1) and Article 26(1) which are processed in Eurodac 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.
6. All datasets registered in Eurodac corresponding to the same third-country national or stateless person shall be linked in a sequence. Where an automatic comparison is carried out in accordance with Articles 27 and 28 and a hit is obtained against at least one other set of fingerprints or, where those fingerprints are of a quality which does not ensure appropriate comparison or are not available, facial image data in another dataset corresponding to that same third-country national or stateless person, Eurodac shall automatically link those datasets on the basis of the comparison. Where necessary, an expert shall check, in accordance with Article 38(4) and (5), the result of an automatic comparison carried out in accordance with Articles 27 and 28. When the receiving Member State confirms the hit, it shall send a notification confirming the linking of those datasets to eu-LISA.
7. The rules governing Eurodac shall also apply to operations carried out by the Member States as from the transmission of data to Eurodac until use is made of the results of the comparison.
Operational management
1. eu-LISA shall be responsible for the operational management of Eurodac.
The 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 to query Eurodac. eu-LISA shall develop a business continuity plan and system, taking into account maintenance needs and unforeseen downtime of Eurodac, including the impact of business continuity measures on data protection and security.
eu-LISA shall ensure, in cooperation with the Member States, that the best available and most secure technology and techniques, subject to a cost-benefit analysis, are used for Eurodac.
2. eu-LISA may use real personal data from the Eurodac production system for testing purposes, in accordance with Regulation (EU) 2016/679, in the following cases:
(a)
for diagnostics and repair when faults are discovered in Eurodac; or
(b)
for testing new technologies and techniques relevant to enhancing the performance of Eurodac or the transmission of data to it.
In the cases referred to in points (a) and (b) of the first subparagraph, the security measures, access control and logging activities at the testing environment shall be equal to the ones for the Eurodac production system. Processing of real personal data adapted for testing shall be subject to stringent conditions and rendered anonymous in such a way that the data subject is no longer identifiable. Once the purpose for which the testing was carried out has been achieved or the tests have been completed, the real personal data shall be immediately and permanently erased from the testing environment.
3. eu-LISA shall 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.
4. The Commission shall be responsible for all tasks relating to the Communication Infrastructure, other than those referred to in paragraph 3, in particular:
(a)
implementation of the budget;
(b)
acquisition and renewal;
(c)
contractual matters.
5. Without prejudice to Article 17 of the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the Union, laid down in Regulation (EEC, Euratom, ECSC) No 259/68 of the Council ( 35 ) , eu-LISA shall apply appropriate rules of professional secrecy or other equivalent duties of confidentiality to all its staff required to work with Eurodac data. This paragraph shall also apply after such staff leave office or employment or after the termination of their duties.
Member States’ designated authorities for law enforcement purposes
1. For law enforcement purposes, Member States shall designate the authorities that are authorised to request comparisons with Eurodac data pursuant to this Regulation. Designated authorities shall be authorities of the Member States which are responsible for the prevention, detection or investigation of terrorist offences or of other serious criminal offences.
2. Each Member State shall keep a list of its designated authorities.
3. Each Member State shall keep a list of the operating units within its designated authorities that are authorised to request comparisons with Eurodac data through the National Access Point.
Member States’ verifying authorities for law enforcement purposes
1. For law enforcement purposes, each Member State shall designate a single national authority or a unit of such an authority to act as its verifying authority. The verifying authority shall be an authority of the Member State which is responsible for the prevention, detection or investigation of terrorist offences or of other serious criminal offences.
The designated authority and the verifying authority may be part of the same organisation, if permitted under national law, but the verifying authority shall act independently when performing its tasks under this Regulation. The verifying authority shall be separate from the operating units referred to in Article 5(3) and shall not receive instructions from them as regards the outcome of the verification.
In accordance with their constitutional or legal requirements, Member States may designate more than one verifying authority to reflect their organisational and administrative structures.
2. The verifying authority shall ensure that the conditions for requesting comparisons of biometric or alphanumeric data with Eurodac data are fulfilled.
Only duly empowered staff of the verifying authority shall be authorised to receive and forward requests for access to Eurodac in accordance with Article 32.
Only the verifying authority shall be authorised to forward requests for comparison of biometric or alphanumeric data to the National Access Point.
Europol designated authority and Europol verifying authority for law enforcement purposes
1. For law enforcement purposes, Europol shall designate one or more of its operating units as the ‘Europol designated authority’. The Europol designated authority shall be authorised to request comparisons with Eurodac data through the Europol Access Point in order to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling within Europol’s mandate.
2. For law enforcement purposes, Europol shall designate a single specialised unit with duly empowered Europol officials to act as its verifying authority. The Europol verifying authority shall be authorised to forward requests by the Europol designated authority for comparisons with Eurodac data through the Europol Access Point. The Europol verifying authority shall be fully independent of the Europol designated authority when performing its tasks under this Regulation. The Europol verifying authority shall be separate from the Europol designated authority and shall not receive instructions from it as regards the outcome of the verification. The Europol verifying authority shall ensure that the conditions for requesting comparisons of biometric or alphanumeric data with Eurodac data are fulfilled.
Interoperability with ETIAS
1. From 12 June 2026, Eurodac shall be connected to the European search portal referred to in Article 6 of Regulation (EU) 2019/818 in order to enable the application of Articles 11 and 20 of Regulation (EU) 2018/1240.
2. The automated processing referred to in Article 20 of Regulation (EU) 2018/1240 shall enable the verifications provided for in that Article and the subsequent verifications provided for in Articles 22 and 26 of that Regulation.
For the purpose of carrying out the verifications referred to in Article 20(2), point (k), of Regulation (EU) 2018/1240, the ETIAS Central System shall use the European search portal to compare the data in ETIAS with the data in Eurodac collected on the basis of Articles 17, 19, 21, 22, 23, 24 and 26 of this Regulation in a read-only format using the data categories listed in the table of correspondences set out in Annex I of this Regulation corresponding to persons having left or having been removed from the territory of the Member States in compliance with a return decision or removal order. Those verifications shall be without prejudice to the specific rules provided for in Article 24(3) of Regulation (EU) 2018/1240.
Conditions for access to Eurodac for the manual processing by ETIAS National Units
1. ETIAS National Units shall consult Eurodac by means of the same alphanumerical data as those used for the automated processing referred to in Article 8.
2. For the purposes of Article 1(1), point (g), of this Regulation, the ETIAS National Units shall have access to Eurodac, in accordance with Regulation (EU) 2018/1240, to consult data in a read-only format in order to examine applications for travel authorisation. In particular, the ETIAS National Units may consult the data referred to in Articles 17, 19, 21, 22, 23, 24 and 26 of this Regulation.
3. Following consultation and access pursuant to paragraphs 1 and 2, the result of the assessment shall be recorded only in the ETIAS application files.
Access to Eurodac by the competent visa authorities
For the purpose of manually verifying hits triggered by the automated queries carried out by VIS in accordance with Articles 9a and 9c of Regulation (EC) No 767/2008 and of examining and deciding on visa applications in accordance with Article 21 of Regulation (EC) No 810/2009 of the European Parliament and of the Council ( 36 ) , the competent visa authorities shall, in accordance with those Regulations, have access to Eurodac to consult data in a read-only format.
Interoperability with VIS
As provided for in Article 3(1), point (d), of this Regulation, Eurodac shall be connected to the European search portal referred to in Article 6 of Regulation (EU) 2019/817 in order to enable the automated processing referred to in Article 9a of Regulation (EC) No 767/2008 and, therefore, to query Eurodac and compare the relevant data in the VIS with the relevant data in Eurodac. The verifications shall be without prejudice to the specific rules provided for in Article 9b of Regulation (EC) No 767/2008.
Statistics
1. eu-LISA shall draw up statistics on the work of Eurodac every month indicating, in particular:
(a)
the number of applicants and the number of first-time applicants resulting from the linking process referred to in Article 3(6);
(b)
the number of rejected applicants resulting from the linking process referred to in Article 3(6) and pursuant to Article 17(2), point (j);
(c)
the number of persons who have been disembarked following search and rescue operations;
(d)
the number of persons who have been registered as beneficiaries of temporary protection;
(e)
the number of applicants who have been granted international protection in a Member State;
(f)
the number of persons who have been registered as minors;
(g)
the number of persons referred to in Article 18(2), point (a), of this Regulation who have been admitted under Regulation (EU) 2024/1350;
(h)
the number of persons referred to in Article 20(1) who have been admitted under a national resettlement scheme;
(i)
the number of datasets transmitted on persons as referred to in Article 15(1), Article 18(2), points (b) and (c), Article 22(1), Article 23(1), Article 24(1) and Article 26(1);
(j)
the number of transmissions of data relating to persons as referred to in Articles 18(1);
(k)
the number of hits for persons as referred to in Article 15(1) of this Regulation:
(i)
for whom an application for international protection has been registered in a Member State;
(ii)
who have been apprehended in connection with the irregular crossing of an external border;
(iii)
who have been illegally staying in a Member State;
(iv)
who have been disembarked following a search and rescue operation;
(v)
who have been granted international protection in a Member State;
(vi)
who have been registered as a beneficiary of temporary protection in a Member State;
(vii)
who have been registered for the purpose of conducting an admission procedure in accordance with Regulation (EU) 2024/1350 and:
—
have been granted international protection or humanitarian status under national law,
—
have been refused admission on one of the grounds referred to in Article 6(1), point (f), of that Regulation, or
—
for whom the admission procedure has been discontinued due to the fact that that person did not give or withdrew his or her consent in accordance with Article 7 of that Regulation;
(viii)
who have been admitted in accordance with a national resettlement scheme;
(l)
the number of hits for persons as referred to in Article 18(1) of this Regulation:
(i)
who have previously been granted international protection in a Member State;
(ii)
who have been registered for the purpose of conducting an admission procedure in accordance with Regulation (EU) 2024/1350 and:
—
have been granted international protection or humanitarian status under national law,
—
have been refused admission on one of the grounds referred to in Article 6(1), point (f), of that Regulation, or
—
for whom the admission procedure was discontinued due to the fact that that person did not give or withdrew his or her consent in accordance with Article 7 of that Regulation;
(iii)
who have been admitted in accordance with a national resettlement scheme;
(m)
the number of hits for persons as referred to in Article 22(1) of this Regulation:
(i)
for whom an application for international protection has been registered in a Member State;
(ii)
who have been apprehended in connection with the irregular crossing of an external border;
(iii)
who have been illegally staying in a Member State;
(iv)
who have been disembarked following a search and rescue operation;
(v)
who have been granted international protection in a Member State;
(vi)
who have been registered for the purpose of conducting an admission procedure in accordance with Regulation (EU) 2024/1350 and:
—
have been granted international protection or humanitarian status under national law,
—
have been refused admission on one of the grounds referred to in Article 6(1), point (f), of that Regulation; or
—
for whom the admission procedure has been discontinued due to the fact that that person did not give or withdrew his or her consent in accordance with Article 7 of that Regulation;
(vii)
who have been admitted in accordance with a national resettlement scheme;
(viii)
who have been registered as a beneficiary of temporary protection in a Member State;
(n)
the number of hits for persons as referred to in Article 23(1) of this Regulation:
(i)
for whom an application for international protection has been registered in a Member State;
(ii)
who have been apprehended in connection with the irregular crossing of an external border;
(iii)
who have been illegally staying in a Member State;
(iv)
who have been disembarked following a search and rescue operation;
(v)
who have been granted international protection in a Member State;
(vi)
who have been registered for the purpose of conducting an admission procedure in accordance with Regulation (EU) 2024/1350 and:
—
have been granted international protection or humanitarian status under national law,
—
have been refused admission on one of the grounds referred to in Article 6(1), point (f), of that Regulation, or
—
for whom the admission procedure has been discontinued due to the fact that that person did not give or withdrew his or her consent in accordance with Article 7 of that Regulation,
(vii)
who have been admitted in accordance with a national resettlement scheme;
(viii)
who have been registered as a beneficiary of temporary protection in a Member State;
(o)
the number of hits for persons as referred to in Article 24(1) of this Regulation:
(i)
for whom an application for international protection has been registered in a Member State;
(ii)
who have been apprehended in connection with the irregular crossing of an external border;
(iii)
who have been illegally staying in a Member State;
(iv)
who have been disembarked following a search and rescue operation;
(v)
who have been granted international protection in a Member State;
(vi)
who have been registered for the purpose of conducting an admission procedure in accordance with Regulation (EU) 2024/1350 and:
—
have been granted international protection or humanitarian status under national law,
—
have been refused admission on one of the grounds referred to in Article 6(1), point (f), of that Regulation, or
—
for whom the admission procedure has been discontinued due to the fact that that person did not give or withdrew his or her consent in accordance with Article 7 of that Regulation,
(vii)
who have been admitted in accordance with a national resettlement scheme;
(viii)
who have been registered as a beneficiary of temporary protection in a Member State;
(p)
the number of hits for persons as referred to in Article 26(1) of this Regulation:
(i)
for whom an application for international protection has been registered in a Member State;
(ii)
who have been apprehended in connection with the irregular crossing of an external border;
(iii)
who have been illegally staying in a Member State;
(iv)
who have been disembarked following a search and rescue operation;
(v)
who have been granted international protection in a Member State;
(vi)
who have been registered for the purpose of conducting an admission procedure in accordance with Regulation (EU) 2024/1350 and:
—
have been granted international protection or humanitarian status under national law,
—
have been refused admission on one of the grounds referred to in Article 6(1), point (f), of that Regulation, or
—
for whom the admission procedure has been discontinued due to the fact that that person did not give or withdrew his or her consent in accordance with Article 7 of that Regulation;
(vii)
who have been admitted in accordance with a national resettlement scheme;
(viii)
who have been registered as beneficiary of temporary protection in a Member State;
(q)
the number of biometric data which Eurodac had to request more than once from the Member States of origin because the biometric data originally transmitted did not lend themselves to comparison using the computerised fingerprint and facial image recognition systems;
(r)
the number of datasets marked and unmarked in accordance with Article 31(1), (2), (3) and (4);
(s)
the number of hits for persons as referred to in Article 31(1) and (4) for whom hits have been recorded under paragraph 1, points (k) to (p), of this Article;
(t)
the number of requests and hits as referred to in Article 33(1);
(u)
the number of requests and hits as referred to in Article 34(1);
(v)
the number of requests made in accordance with Article 43;
(w)
the number of hits received from Eurodac as referred to in Article 38(6).
2. The monthly statistical data for persons as referred to in paragraph 1, shall be published each month. At the end of each year, eu-LISA shall publish the yearly statistical data for persons referred to in paragraph 1. The statistical data shall be broken down by Member State. The statistical data for persons as referred to in paragraph 1, point (i), shall, where possible, be broken down by year of birth and sex.
Nothing in this paragraph shall affect the anonymised nature of the statistical data.
3. For the purpose of supporting the objectives referred to in Article 1, points (c) and (i), eu-LISA shall produce monthly cross-system statistics. Those statistics shall not allow for the identification of individuals and shall use data from Eurodac, the VIS, ETIAS and the EES.
The statistics referred to in the first subparagraph shall be made available to the Member States, to the European Parliament, to the Commission, to the European Union Agency for Asylum, to the European Border and Coast Guard Agency and to Europol.
The Commission shall, by means of implementing acts, specify the content of the monthly cross-system statistics referred to in the first subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Cross-system statistics alone shall not be used to deny access to the territory of the Union.
4. At the request of the Commission, eu-LISA shall provide it with statistics on specific aspects related to the application of this Regulation and the statistics referred to in paragraph 1 and shall, upon request, make them available to the Member States, to the European Parliament, to the European Union Agency for Asylum, to the European Border and Coast Guard Agency and to Europol.
5. eu-LISA shall store the data referred to in paragraphs 1 to 4 of this Article for research and analysis purposes, thus enabling the authorities referred to in paragraph 3 of this Article to obtain customisable reports and statistics in the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/818. Those data shall not allow for the identification of individuals.
6. Access to the central repository for reporting and statistics as referred to in Article 39 of Regulation (EU) 2019/818 shall be granted to eu-LISA, to the Commission, to the authorities designated by each Member State in accordance with Article 40(2) of this Regulation and to the authorised users of the European Union Agency for Asylum, of the European Border and Coast Guard Agency and of Europol, where such access is relevant for the implementation of their tasks.
Obligation to take biometric data
1. Member States shall take the biometric data of persons referred to in Article 15(1), Article 18(1) and (2), Article 20(1), Article 22(1), Article 23(1), Article 24(1) and Article 26(1) for the purposes of Article 1(1), points (a), (b), (c) and (j), and shall require those persons to provide their biometric data and inform them in accordance with Article 42.
2. Member States shall respect the dignity and physical integrity of the person during the fingerprinting procedure and when capturing his or her facial image.
3. Administrative measures for the purpose of ensuring compliance with the obligation to provide biometric data set out in paragraph 1 shall be laid down in national law. Those measures shall be effective, proportionate and dissuasive and may include the possibility to use means of coercion as a last resort.
4. Where all of the measures laid down in national law as referred to in paragraph 3 fail to ensure compliance by an applicant with the obligation to provide biometric data, the relevant provisions of Union law on asylum concerning non-compliance with that obligation shall apply.
5. Without prejudice to paragraphs 3 and 4, where it is impossible to take the biometric data of a third-country national or stateless person who is deemed to be a vulnerable person due to the condition of that person’s fingertips or face, and where that person did not intentionally bring about the condition, the authorities of the Member State concerned shall not employ administrative measures for ensuring compliance with the obligation to provide biometric data.
6. The procedure for taking biometric data shall be determined and applied in accordance with the national practice of the Member State concerned and in accordance with the safeguards laid down in the Charter and in the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Special provisions relating to minors
1. The biometric data of minors from the age of six shall be taken by officials trained specifically to take a minor’s biometric data in a child-friendly and child-sensitive manner and in full respect of the best interests of the child and the safeguards laid down in the United Nations Convention on the Rights of the Child.
The best interests of the child shall be a primary consideration in the application of this Regulation. In the event that there is uncertainty as to whether or not a child is under the age of six and there is no supporting proof of that child’s age, the competent authorities of the Member States shall consider that child to be under the age of six for the purposes of this Regulation.
The minor shall be accompanied by, where present, an adult family member throughout the time when his or her biometric data are taken. The unaccompanied minor shall be accompanied by a representative or, where a representative has not been designated, a person trained to safeguard the best interests of the child and his or her general wellbeing, throughout the time when his or her biometric data are taken. Such a trained person shall not be the official responsible for taking the biometric data, shall act independently and shall not receive orders either from the official or the service responsible for taking the biometric data. Such a trained person shall be the person designated to provisionally act as a representative under Directive (EU) 2024/1346, where that person has been designated.
No form of force shall be used against minors to ensure their compliance with the obligation to provide biometric data. However, where permitted by relevant Union or national law, and as a last resort, a proportionate degree of coercion may be used against minors to ensure their compliance with that obligation. When applying such a proportionate degree of coercion, Member States shall respect the dignity and physical integrity of the minor.
Where a minor, in particular an unaccompanied or separated minor, refuses to give their biometric data and there are reasonable grounds for believing that there are risks relating to safeguarding or protecting the minor, as assessed by an official trained specifically to take a minor’s biometric data, the minor shall be referred to the competent national child protection authorities, the national referral mechanisms or both.
2. Where it is not possible to take the fingerprints or capture the facial image of a minor due to the conditions of the fingertips or face, Article 13(5) shall apply. Where the fingerprints or facial image of a minor are retaken, paragraph 1 of this Article shall apply.
3. Eurodac data that pertain to a child under the age of 14 shall only be used for law enforcement purposes against such a child where there are grounds in addition to those referred to in Article 33(1), point (d), to consider that those data are necessary for the purpose of the prevention, detection or investigation of a terrorist offence or other serious criminal offence which that child is suspected of having committed.
4. This Regulation shall be without prejudice to the application of the conditions set out in Article 13 of Directive (EU) 2024/1346.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
