• The Eurodac Regulation is about to be reformed.
  • Discover how the EU’s asylum fingerprint database helps to European safety and the consequences of planned amendments.

21-11-2022

The Committee on Civil Liberties, Justice, and Home Affairs (LIBE) met on April 13, 2021, to discuss potential changes to the Eurodac Regulation.

The European Asylum Dactyloscopy database is a critical tool for managing asylum applications in the EU. Eurodac, which was first introduced in 2000, has since undergone several reforms to better respond to current challenges and assist Member States.

This article explains how Eurodac works and how it has evolved. It also investigates proposed Regulation amendments and how Eurodac will contribute to ETIAS.

WHAT IS THE EURODAC SYSTEM?

Eurodac is the EU’s asylum fingerprint database. It saves and compares fingerprints from:

  • Every person who seeks asylum in an EU country
  • People who are apprehended attempting to make an irregular border crossing.

It determines whether an individual has previously applied for asylum in another member state or entered the EU illegally by comparing fingerprints.

Eurodac assists in determining the country responsible for an asylum application in accordance with the Dublin III Regulation.

WHAT IS THE DUBLIN III REGULATION ON ASYLUM?

The Dublin II Regulation specifies which EU Member State is in charge of processing an asylum claim.

The following factors are used to evaluate responsibility:

  • Family considerations
  • Whether they have recently possessed a visa/residence permit in a Member State
  • Whether the asylum applicant crossed the EU border regularly or irregularly.

This legislation may be executed thanks to Eurodac data.

HOW LONG ARE FINGERPRINTS KEPT IN THE EURODAC DATABASE?

Eurodac keeps fingerprints on file for a short time:

  • Asylum seekers—10 years
  • Irregular migrant—18 months.

The printouts are automatically erased by the Eurodac database after this time.

If an individual acquires a residence permit from an EU nation, his or her fingerprints are wiped.

EURODAC AND SAFETY IN EUROPE

Eurodac also helps to prevent crime in EU member states.

Law enforcement can compare fingerprints associated with criminal investigations to those stored in Eurodac.

According to the Regulation, this function may only be used for the prevention, detection, and investigation of terrorism and other serious crimes.

As a result, Eurodac plays an important role in making European countries safer and more secure for residents and visitors.

PROPOSED AMENDMENTS TO THE RECAST EURODAC REGULATION

The European Commission will unveil its New Asylum and Migration Pact on September 23, 2020.

This agreement tries to bring together policies on migration, asylum, integration, and border control. As part of the legislative package, a new proposal for the Eurodac Regulation was presented.

The co-legislators are likely to promptly embrace the revised plan based on the previously established agreement.

The following are some of the most important Eurodac reforms:

COUNTING ASYLUM APPLICANTS RATHER THAN APPLICATIONS

This will allow for the filling of information gaps. At the moment, the Eurodac system may hold many applications created by the same user.

Rather than counting applications, counting applicants will offer a more accurate picture of the number of persons seeking refuge in the EU.

It will also assist in determining how many are first-time applicants and tracking subsequent travels.

CROSS-SYSTEM STATISTICS: ETIAS, EES, AND VIS

eu-Lisa created cross-system statistics utilising data from many systems:

This will give more detailed information on third-country citizens who are granted short-term visas and later seek for international protection.

A NEW CATEGORY OF ASYLUM APPLICANTS

The present Eurodac rule divides asylum seekers into two categories: irregular migrants and irregular border crossings.

A third category would be added under the proposed idea. Individuals entering the EU as a result of a Search and Rescue (SAR) operation fall into this category.

Determining the ‘initial point of entry’ after search and rescue is more difficult. The establishment of this new category will allow numerous aspects to be considered.

EURODAC TO STORE MORE TYPES OF PERSONAL DATA

Eurodac will collect and keep five additional types of personal data. The database will indicate if:

  • An application has been rejected and the third-country national has no right to remain in a Member State
  • Voluntary return and reintegration assistance (AVRR) has been granted
  • The individual could pose an internal security threat
  • The applicant was issued a visa and the Member State that issued or extended it
  • Responsibility has been changed to another Member State or responsibility ends.

INTEROPERABILITY BETWEEN EURODAC AND ETIAS

The new Eurodac plan include the implementation of ETIAS.

In November 2023, the European Travel Information and Authorisation System will be launched. It will be used to pre-screen third-country nationals from visa-free nations travelling to the Schengen Area.

Eurodac and ETIAS will collaborate on the following projects:

Eurodac will thereby contribute to stronger security and better border management.

RECAST EURODAC 2016 REFORMS

The improvements proposed in the 2020 proposal expand on those agreed upon in the 2016 Recast Eurodac Regulation.

The following are some of the major modifications implemented as a result of the 2016 proposal:

PERSONAL DATA STORAGE

Name, birth date, nationality, and facial image are now saved. Authorities can quickly identify an asylum seeker in this manner without requiring information from another Member State. This is especially useful for the EU hotspot system.

THE AGE LIMIT FOR FINGERPRINTS LOWERED FROM 14 TO 6

This reduced age limit was complemented with safeguards to guarantee that fingerprints of children are obtained in a child-friendly and sensitive manner. The EU prioritises data protection and children’s rights.

COPIES OF IDENTITY OR TRAVEL DOCUMENTS STORES

To expedite returns processes, colour copies of these papers are stored on the system.

LAW ENFORCEMENT AUTHORITIES CAN ACCESS EURODAC

Law enforcement agencies will have easier access to Eurodac while investigating terrorism or other major offences.

In 2018, co-legislators achieved a tentative agreement on these amendments.

EURODAC TIMELINE: CREATION AND REFORM

  • 2000—Eurodac is established (Council Regulation (EC) No 2725/2000)
  • 2003—Eurodac becomes operational
  • 2013—New Eurodac regulation (Regulation (EU) No 603/2013) law enforcement authorities can consult the database
  • 2015—New regulation applies from 20 July
  • 2016—European Commission proposes Recast Eurodac Regulation
  • 2018—Co-legislators reach partial agreement on the proposal
  • 2020—Amended proposal presented by the Commission.