- Reforms of the Eurodac Regulation are now imminent.
- Find out how the EU’s asylum fingerprint database contributes to safety in Europe and the impact of the proposed changes.
The Committee of Civil Liberties, Justice, and Home Affairs (LIBE) met on 13 April 2021 to discuss possible changes to the Eurodac Regulation.
The European Asylum Dactyloscopy database is an essential tool in managing asylum applications in the EU. First introduced in 2000, Eurodac has since undergone several reforms to respond to current challenges and better assist Member States.
This article explains the function of Eurodac and how the system has evolved. It also examines proposed amendments to the Regulation and how Eurodac will contribute to ETIAS.
WHAT IS THE EURODAC SYSTEM?
Eurodac is the asylum fingerprint database of the EU. It stores and compares the fingerprints of:
- Every person who seeks asylum in an EU country
- People who are apprehended attempting to make an irregular border crossing.
By comparing fingerprints, it detects if an individual has previously applied for asylum in another member state or entered the EU irregularly.
In this way, Eurodac helps determine the country responsible for an asylum application according to the Dublin III Regulation.
WHAT IS THE DUBLIN III REGULATION ON ASYLUM?
The Dublin II Regulation establishes which EU Member State is responsible for an asylum application.
The criteria used to determine responsibility are:
- 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.
Eurodac information allows this regulation to be implemented.
HOW LONG ARE FINGERPRINTS KEPT IN THE EURODAC DATABASE?
Eurodac stores fingerprints for a limited time:
- Asylum seekers—10 years
- Irregular migrant—18 months.
After this time, the prints are automatically deleted by the Eurodac database.
Fingerprints are erased if the individual receives a residence permit from an EU country.
EURODAC AND SAFETY IN EUROPE
Eurodac also contributes to crime prevention in the EU Member States.
Law enforcement authorities can compare fingerprints linked to criminal investigations with those stored in Eurodac.
The Regulation states that this function can only be used in the prevention, detection and investigation of terrorism and other serious crimes.
Eurodac, therefore, has an important role in making European nations safer and more secure for residents and visitors.
PROPOSED AMENDMENTS TO THE RECAST EURODAC REGULATION
On 23 September 2020, the European Commission presented its New Pact on Asylum and Migration.
This pact aims to bring together migration, asylum, integration and border management policies. A revised proposal to the Eurodac Regulation was put forward as part of the legislative package.
It is expected that the co-legislators will quickly adopt the new proposal based on the agreement already reached.
These are some of the most significant Eurodac reforms:
COUNTING ASYLUM APPLICANTS RATHER THAN APPLICATIONS
This will allow information gaps to be filled. Currently, the Eurodac system may store several applications made by the same person.
Counting applicants rather than applications will provide a more accurate picture of the number of people seeking asylum in the EU.
It will also help determine how many are first-time applicants and track onwards movements.
CROSS-SYSTEM STATISTICS: ETIAS, EES, AND VIS
Cross-system statistics drawn up by eu-Lisa using data from several systems:
- Eurodac
- ETIAS
- Entry-Exit System (EES)
- VIS
This will provide more complete data on third-country nationals issued short-term visas and then applying for international protection.
A NEW CATEGORY OF ASYLUM APPLICANTS
The current Eurodac regulation includes 2 categories of asylum seekers: irregular migrants and irregular border crossings.
Under the new proposal, a third category would be added. This category is for individuals entering the EU following a Search and Rescue (SAR) operation.
Determining the ‘first point of entry’ following search and rescue is more complicated. The creation of this new category will allow several factors to be taken into account.
EURODAC TO STORE MORE TYPES OF PERSONAL DATA
Five new categories of personal data will be collected and stored by Eurodac. The database will show 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 revised Eurodac proposal takes into account the introduction of ETIAS.
The European Travel Information and Authorisation System will be launched in 2026 . It will be used to pre-screen third-country nationals travelling to the Schengen Area from visa waiver countries.
Eurodac and ETIAS will work together in the following areas:
- ETIAS applications will be checked against information stored in Eurodac
- The ETIAS National Unit can consult Eurodac.
In this way, Eurodac will contribute to increased security and improved border management.
RECAST EURODAC 2016 REFORMS
The reforms put forward in the 2020 proposal build on those agreed on in the Recast Eurodac Regulation of 2016.
Some of the main changes introduced as a result of the 2016 proposal were as follows:
PERSONAL DATA STORAGE
The name, date of birth, nationality, facial image are now stored. This way an asylum seeker can be identified quickly by authorities without requiring information from another Member State. Particularly useful to the EU hotspot system.
THE AGE LIMIT FOR FINGERPRINTS LOWERED FROM 14 TO 6
This lower age limit was accompanied by measures to ensure children’s fingerprints are taken in a child-friendly and sensitive way. Data protection and children’s rights is a priority for the EU.
COPIES OF IDENTITY OR TRAVEL DOCUMENTS STORES
Colour copies of these documents are kept on the system to facilitate returns procedures.
LAW ENFORCEMENT AUTHORITIES CAN ACCESS EURODAC
Easier access to Eurodac by law enforcement authorities when investigating terrorism or other serious crimes.
Co-legislators reached a provisional agreement on these reforms in 2018.
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.
