Legal provisions of COM(2009)342 - 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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dossier COM(2009)342 - Establishment of 'EURODAC' for the comparison of fingerprints for the effective application of Regulation (EC) No […/…] ...
document COM(2009)342 EN
date July  8, 2009

Contents

CHAPTER I - GENERAL PROVISIONS

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 Ö 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] Õ for examining an application for asylum ð international protection ï lodged in a Member State ð by a third country national or a stateless person ï, and otherwise to facilitate the application of the Dublin Convention Ö Regulation Õ under the conditions set out in this Regulation

2. Eurodac shall consist of:

(a) the Central Unit referred to in Article 3;

(b) 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 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 Ö Regulation Õ ð and for the purpose of the prevention, detection and investigation of terrorist offences and other serious criminal offences, under the conditions set out in Article 3 of this Regulation and in Council Decision No […/…]JHA [EURODAC law enforcement Decision] ï.

Article 2 - Definitions

1. For the purposes of this Regulation:

(a) 'the Dublin Convention Ö Regulation Õ' 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 Ö 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] Õ;

(b) an 'applicant for asylum ð international protection ï' means an alien Ö third-country national or a stateless person Õ who has made an application for asylum or on whose behalf such an application has been made ð 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 ï;

(c) 'Member State of origin' means:

(i) in relation to an applicant for asylum Ö person covered by Article 7 Õ , the Member State which transmits the personal data to the Central Unit ð System ï and receives the results of the comparison;

(ii) in relation to a person covered by Article 8 12 , the Member State which transmits the personal data to the Central Unit ð System ï ;

(iii) in relation to a person covered by Article 11 15 , the Member State which transmits such data to the Central Unit ð System ï and receives the results of the comparison;

ò new

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

- the Member State which transmits the personal data to the Central System and receives the results of the comparison,

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

ê 2725/2000/EC (adapted)

ð new

(d) 'refugee' ð 'person granted international protection' ï means a Ö third country national or a stateless Õ 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 ð entitled to international protection as defined in Article 2(a) of Council Directive 2004/83/EC ï;

(e) 'hit' shall mean the existence of a match or matches established by the Central Unit ð System ï by comparison between fingerprint data recorded in the databank Ö central database Õ and those transmitted by a Member State with regard to a person, without prejudice to the requirement that Member States shall immediately check the results of the comparison pursuant to Article 4(6) 19(4).

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(f) National Access Point means the designated national system which communicates with the Central System.

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

ê 2725/2000/EC (adapted)

2. The terms defined in Article 2 of Directive 95/46/EC shall have the same meaning in this Regulation.

3. Unless stated otherwise, the terms defined in Article 1 2 of the Dublin Convention Ö Regulation Õ shall have the same meaning in this Regulation.

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Article 3 - Availability of data for the prevention, detection and investigation of terrorist offences and other serious criminal offences

1. Where comparison with data stored in its national fingerprint database and access to Automated Fingerprint Databases of other Member States under the Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (Prüm Decision) return negative results, Member States' and Europol authorities designated in accordance with Article 3(1) and 5(2) of Decision No […/…]JHA [EURODAC law enforcement Decision] , may within the scope of their powers in case it is necessary in a specific case and following a reasoned written or a reasoned logged electronic request, ask for comparison of fingerprint data with data stored in the EURODAC central database referred to in Articles 9 and 12(2) if there are reasonable grounds to consider that consultation of data stored in the EURODAC central database will substantially contribute to the prevention, detection or investigation of terrorist offences and of other serious criminal offences.

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

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

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

ê 2725/2000/EC (adapted)

Article 4 - Central Unit Ö System architecture and basic principles Õ

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.

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1. EURODAC shall consist of:

(a) a computerised central fingerprint database (Central System) composed of

- a Central Unit,

- a Business Continuity System.

(b) a communication infrastructure between the Central System and Member States that provides an encrypted virtual network dedicated to EURODAC data (Communication Infrastructure).

2. Each Member State shall have a single National Access Point.

ê 2725/2000/EC (adapted)

ð new

2.3. Data on applicants for asylum, persons covered by Articles 8 and persons covered by Article 11 7, 12 and 15 which are processed in the Central Unit ð System ï shall be processed on behalf of the Member State of origin under the conditions set out in this Regulation Ö and separated by appropriate technical means Õ.

ê 2725/2000/EC Article 1(2) third subparagraph

ð new

4. The rules governing EurodacEURODAC shall also apply to operations effected by the Member States as from the transmission of data to the Central Unit ð System ï until use is made of the results of the comparison.

ê 2725/2000/EC Article 4(1) second sentence

ð new

5. The procedure for taking fingerprints shall be determined ð and applied ï in accordance with the national practice of the Member State concerned and in accordance with the safeguards laid down in ð the Charter of Fundamental Rights of the European Union, in the Convention for the Protection of Human Rights and Fundamental Freedoms and ï the European Convention on Human Rights and in the United Nations Convention on the Rights of the Child.

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Article 5 - 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 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. Before the Management Authority takes up its responsibilities, the Commission shall be responsible for all tasks attributed to the Management Authority by this Regulation .

5. 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.

6. 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.

7. 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.

ê 2725/2000/EC (adapted)

ð new

Article 63 - Ö Statistics Õ

3. The Central Unit Ö Management Authority Õ shall draw up statistics on its Ö the Õ work Ö of the Central System Õ every quarter ð month ï, indicating ð in particular ï :

(a) the number of data sets transmitted on persons referred to in Articles 7(1), 8(1) and 11(1) 12(1) and 15(1) ;

(b) the number of hits for applicants for asylum ð international protection ï who have lodged an application for asylum ð international protection ï in another Member State;

(c) the number of hits for persons referred to in Article 8(1) 10(1) who have subsequently lodged an application for asylum ð international protection ï;

(d) the number of hits for persons referred to in Article 11(1) 13(1) who had previously lodged an application for asylum ð international protection ï in another Member State;

(e) the number of fingerprint data which the Central Unit ð System ï had to ð repeatedly ï 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;.

ò new

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

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

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

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

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

ê 2725/2000/EC

ð new

At the end of each year, statistical data shall be established in the form of a compilation of the ð monthly ï quarterly statistics drawn up since the beginning of Eurodac's activities ð for that year ï, including an indication of the number of persons for whom hits have been recorded under (b), (c), and (d) ð (g) and (i) ï .

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.

ê 2725/2000/EC (adapted)

ð new

CHAPTER II - APPLICANTS FOR ASYLUM Ö INTERNATIONAL PROTECTION Õ

Article 7 - 4 Collection, transmission and comparison of fingerprints

1. Each Member State shall promptly take the fingerprints of all fingers of every applicant for asylum ð international protection ï of at least 14 years of age and shall promptly ð 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 ï transmit Ö them together with Õ the data referred to in points (a) (b) to (f) (g) of Article 5(1) 9 to the Central Unit ð System ï.

ò new

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

ê 2725/2000/EC

(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.

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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 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.

ê 2725/2000/EC (adapted)

ð new

3. Fingerprint data within the meaning of point (b) (a) of Article 5(1) 9, transmitted by any Member State, Ö with exception to those transmitted in accordance with Article 8 point (b) Õ shall be compared ð automatically ï with the fingerprint data transmitted by other Member States and already stored in the Ccentral database ð System ï.

4. The Central Unit ð System ï 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.

5. The Central Unit ð System ï shall forthwith ð automatically ï transmit the hit or the negative result of the comparison to the Member State of origin. Where there is a hit, it shall transmit for all data sets corresponding to the hit, the data referred to in Article 5(1) 9(a) to (ð g ï), although in the case of the data referred to in Article 5(1)(b), only insofar as they were the basis for the hit ð along with, where appropriate, the mark referred to in Article 16(1) ï.

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).

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Article 8 - Information on the status of the data subject

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

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

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

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

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

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

ê 2725/2000/EC

ð new

Article 95 - Recording of data

1. Only the following data shall be recorded in the cCentral database ð System ï :

(ab) fingerprint data;

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

(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 ð System ï;

(g) date on which the data were entered in the central database ;

ò new

(g) operator user ID.

ê 2725/2000/EC

ð new

(h) details in respect of the recipient(s) of the data transmitted and the date(s) of transmission(s).

(h) where applicable in accordance with Article 8 point (a) or point (b), the date of the arrival of the person concerned after a successful transfer;

(i) where applicable in accordance with Article 8 point (c), the date when the person concerned left the territory of the Member States;

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

(k) where applicable in accordance with Article 8 point (e), the date when the decision to examine the application was taken.

2. After recording the data in the central database, the Central Unit shall destroy the media used for transmitting the data, unless the Member State of origin has requested their return.

Article 10 - 6 Data storage

Each set of data, as referred to in Article 5(1) 9, shall be stored in the Ccentral ð System ï database for ten years from the date on which the fingerprints were taken.

Upon expiry of this period, the Central Unit ð System ï shall automatically erase the data from the Ccentral database ð System ï.

Article 11 - 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 10 shall be erased from the Central Unit ð System ï, in accordance with Article 15(3) 22(4) as soon as the Member State of origin becomes aware that the person has acquired such citizenship.

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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 7(1) or Article 12(1).

ê 2725/2000/EC (adapted)

ð new

CHAPTER III - ALIENS Ö THIRD COUNTRY NATIONALS OR STATELESS PERSONS Õ APPREHENDED IN CONNECTION WITH THE IRREGULAR CROSSING OF AN EXTERNAL BORDER

Article 12 - 8 Collection and transmission of fingerprint data

1. 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 Ö third country national or stateless person Õ 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 ð 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 ï ..

2. The Member State concerned shall promptly ðas soon as possible and and no later than 72 hours from the date of apprehension ï transmit to the Central Unit ð System ï the following data in relation to any alien Ö third country national or stateless person Õ, as referred to in paragraph 1, who is not turned back:

(ab) fingerprint data;

(ba) Member State of origin, place and date of the apprehension;

(c) sex;

(d) reference number used by the Member State of origin;

(e) date on which the fingerprints were taken;

(f) date on which the data were transmitted to the Central Unit ð System ï;

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(g) operator user ID.

3. 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.

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

5. 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.

ê 2725/2000/EC (adapted)

ð new

Article 13 - 9 Recording of data

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

Without prejudice to Article 3(3)6 ð and Article 3 ï , data transmitted to the Central Unit ð System ï pursuant to Article 8(2) 12(2) shall be recorded for the sole purpose of comparison with data on applicants for asylum ð international protection ï transmitted subsequently to the Central Unit ð System ï.

The Central Unit ð System ï shall not compare data transmitted to it pursuant to Article 8(2) 12(2) with any data previously recorded in the central database ð Central System ï, nor with data subsequently transmitted to the Central Unit ð System ï pursuant to Article 8(2) 12(2).

2. The procedures provided for in Article 4(1), second sentence, Article 4(2) and Article 5(2) as well as the provisions laid down pursuant to Article 4(7) shall apply. As regards the comparison of data on applicants for asylum ð international protection ï subsequently transmitted to the Central Unit ð System ï with the data referred to in paragraph 1, the procedures provided for in Article 4(3), (5) and (6) 7(3) and (5) and in Article 19(4) shall apply.

Article 14 - 10 Storage of data

1. Each set of data relating to an alien Ö third country national or stateless person Õ as referred to in Article 8(1) 12(1) shall be stored in the central database ð Central System ï for ð one year ï two years from the date on which the fingerprints of the alien Ö third country national or stateless person Õ were taken. Upon expiry of this period, the Central Unit ð System ï shall automatically erase the data from the central database ð Central System ï.

2. The data relating to an alien Ö third country national or stateless person Õ as referred to in Article 8(1) 12(1) shall be erased from the central database ð Central System ï in accordance with Article 15(3) 22(3)Ö as soon as Õ the Member State of origin becomes aware of one of the following circumstances before the two ð one ï-year period mentioned in paragraph 1 has expired:

(a) the alien Ö third country national or stateless person Õ has been issued with a residence permit;

(b) the alien Ö third country national or stateless person Õ has left the territory of the Member States;

(c) the alien Ö third country national or stateless person Õ has acquired the citizenship of any Member State.

ò new

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

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

ê 2725/2000/EC (adapted)

ð new

CHAPTER IV - ALIENS Ö THIRD COUNTRY NATIONALS OR STATELESS PERSONS Õ FOUND ILLEGALLY PRESENT IN A MEMBER STATE

Article 15 - 11 Comparison of fingerprint data

1. With a view to checking whether an alien Ö third country national or a stateless person Õ found illegally present within its territory has previously lodged an application for asylum ð international protection ï in another Member State, each Member State may transmit to the Central Unit ð System ï any fingerprint data relating to fingerprints which it may have taken of any such alien Ö third country national or stateless person Õ 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 Ö third country national or stateless person Õ has previously lodged an application for asylum ð international protection ï in another Member State where:

(a) the alien Ö third country national or stateless person Õ declares that he/she has lodged an application for asylum ð international protection ï but without indicating the Member State in which he/she made the application;

(b) the alien Ö third country national or stateless person Õ does not request asylum ð international protection ï but objects to being returned to his/her country of origin by claiming that he/she would be in danger, or

(c) the alien Ö third country national or stateless person Õ 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. Where Member States take part in the procedure referred to in paragraph 1, they shall transmit to the Central Unit ð System ï 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 Ö third country nationals or stateless persons Õ referred to in paragraph 1.

3. The fingerprint data of an alien Ö third country national or a stateless person Õ as referred to in paragraph 1 shall be transmitted to the Central Unit ð System ï solely for the purpose of comparison with the fingerprint data of applicants for asylum ð international protection ï transmitted by other Member States and already recorded in the central database ð Central System ï.

The fingerprint data of such an alien Ö third country national or a stateless person Õ shall not be recorded in the central database ð Central System ï, nor shall they be compared with the data transmitted to the Central Unit ð System ï pursuant to Article 8(2) 12(2).

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

5. 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 REFUGEESÖ PERSONS GRANTED INTERNATIONAL PROTECTION Õ

Article 12 - Blocking of data

1. 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.

2. 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:

(a) be stored in accordance with Article 6 for the purpose of the comparison provided for in Article 4(3); or

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

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

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

(a) data which have been blocked in accordance with paragraph 1 shall be erased immediately by the Central Unit; and

(b) data relating to persons who are subsequently recognised and admitted as refugees shall be erased in accordance with Article 15(3), as soon as the Member State of origin becomes aware that the person has been recognised and admitted as a refugee in a Member State.

5. The implementing rules concerning the procedure for the blocking of data referred to in paragraph 1 and the compilation of statistics referred to in paragraph 2 shall be adopted in accordance with the procedure laid down in Article 22(1).

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Article 16 - Marking of data

1. The Member State of origin which granted international protection to an applicant for international protection whose data were previously recorded pursuant to Article 9 in the Central System shall mark the relevant data in conformity with the requirements for electronic communication with the Central System established by the Management Authority. This mark shall be stored in the Central System in accordance with Article 10 for the purpose of transmission under Article 7(5).

2. 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.

ê 2725/2000/EC (adapted)

ð new

CHAPTER VI - DATA USE, DATA PROTECTION AND LIABILITY

Article 17 - 13 Responsibility for data use

1. The Member State of origin shall be responsible for ensuring that:

(a) fingerprints are taken lawfully;

(b) fingerprint data and the other data referred to in Article 5(1) 9, Article 8(2) 12(2) and Article 11(2) 15(2) are lawfully transmitted to the Central Unit ð System ï;

(c) data are accurate and up-to-date when they are transmitted to the Central Unit ð System ï;

(d) without prejudice to the responsibilities of the Commission ð Management Authority ï , data in the central database ð Central System ï are lawfully recorded, stored, corrected and erased;

(e) the results of fingerprint data comparisons transmitted by the Central Unit ð System ï are lawfully used.

2. In accordance with Article 1412, the Member State of origin shall ensure the security of the data referred to in paragraph 1 before and during transmission to the Central Unit ð System ï as well as the security of the data it receives from the Central Unit ð System ï.

3. The Member State of origin shall be responsible for the final identification of the data pursuant to Article 4(6) 19(4).

4. The Commission ð Management Authority ï shall ensure that the Central Unit ð System ï is operated in accordance with the provisions of this Regulation and its implementing rules. In particular, the Commission ð Management Authority ï shall:

(a) adopt measures ensuring that persons working ð with ï in the Central Unit ð System ï use the data recorded Ö therein Õ in the central database only in accordance with the purpose of EurodacEURODAC as laid down in Article 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;

(b) (c) take the necessary measures to ensure the security of the Central Unit ð System ï in accordance with Article 14 12;

(c) (d) ensure that only persons authorised to work ð with ï in the Central Unit ð System ï have access Ö thereto Õ 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 Ö the competences of the European Data Protection Supervisor Õ.

The Commission ð Management Authority ï shall inform the European Parliament and the Council of the measures it takes pursuant to the first subparagraph.

ê 407/2002/EC Article 2 (adapted)

ð new

Article 182 - Transmission

1. 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 ð System ï, the Central Unit Ö Management Authority Õ shall establish the technical requirements for transmission of the data format by Member States to the Central Unit ð System ï and vice versa. The Central Unit Ö Management Authority Õ shall ensure that the fingerprint data transmitted by the Member States can be compared by the computerised fingerprint recognition system.

2. Member States should Ö shall Õ transmit the data referred to in Article 5(1) 9(1), Article 12(2) and Article 15(2) of the Eurodac Regulation electronically. ð The data referred to in Article 9(1) and Article 12(2) shall be automatically recorded in the Central System. ï As far as it is necessary for the efficient operation of the Central Unit ð System ï, the Central Unit Ö Management Authority Õ shall establish the technical requirements to ensure that data can be properly electronically transmitted from the Member States to the Central Unit ð System ï 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.

3. The reference number referred to in Article 5(1)(d) 9(d) and Article 12(2)(d) and 15(1) of the Eurodac Regulation shall make it possible to relate data unambiguously to one particular person and to the Member State which is transmitting the data. In addition, it shall make it possible to tell whether such data relate to an asylum seeker or a person referred to in Article 8 or Article 11 of the Eurodac Regulation7, Article 12 or Article 15.

4. The reference number shall begin with the identification letter or letters by which, in accordance with the norm referred to in Annex I, the Member State transmitting the data is identified. The identification letter or letters shall be followed by the identification of the category of person. '1' refers to data relating to asylum seekers Ö persons referred to in Article 7(1) Õ, '2' to persons referred to in Article 8 12(1) of the Eurodac Regulation and '3' to persons referred to in Article 11 15 of the Eurodac Regulation.

5. The Central Unit Ö Management Authority Õ shall establish the technical procedures necessary for Member States to ensure receipt of unambiguous data by the Central Unit ð System ï.

64. The Central Unit ð System ï shall confirm receipt of the transmitted data as soon as possible. To this end the Central Unit Ö Management Authority Õ shall establish the necessary technical requirements to ensure that Member States receive the confirmation receipt if requested.

Article 193 - Carrying out comparisons and transmitting results

1. 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 ð System ï reach a very high level of accuracy, the Central Unit ð Management Authority ï shall define the appropriate quality of transmitted fingerprint data. The Central Unit ð System ï 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 ð System ï shall, as soon as possible, ð inform ï the Member State. ð The Member State concerned shall ï transmit fingerprint data of the appropriate quality ð using the same reference number of the previous set of fingerprint data ï..

2. The Central Unit ð System ï 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 ð Management Authority's ï responsibility, the Central Unit ð System ï 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 ð System ï , the Central Unit ð Management Authority ï shall establish criteria to ensure the priority handling of requests.

3. As far as it is necessary for the efficient operation of the Central Unit ð System ï , the Central Unit ð Management Authority ï shall establish the operational procedures for the processing of the data received and for transmitting the result of the comparison.

ê 2725/2000/EC Article 4(6) (adapted)

ð new

4. The results of the comparison shall be immediately checked in the Member State of origin. Final identification shall be made by the Member State of origin in cooperation with the Member States concerned, pursuant to Article 1532 of the Dublin Convention Ö Regulation Õ ð and Decision No […/…]JHA [EURODAC law enforcement Decision] ï .

Information received from the Central Unit ð System ï relating to other data found to be unreliable shall be erased or destroyed as soon as the unreliability of the data is established.

ò new

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.

ê 407/2002/EC (adapted)

ð new

Article 204 - Communication between Member States and the Central Unit ð System ï

Data transmitted from the Member States to the Central Unit ð System ï 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) ð the EURODAC Communication Infrastructure ï. As far as it is necessary for the efficient operation of the Central Unit ð System ï, the Central Unit Ö Management Authority Õ shall establish the technical procedures necessary for the use of IDA generic services ð the Communication Infrastructure ï.

ê 2725/2000/EC

Article 14 - Security

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

(a) prevent any unauthorised person from having access to national installations in which the Member State carries out operations in accordance with the aim of Eurodac (checks at the entrance to the installation);

(b) prevent data and data media in Eurodac from being read, copied, modified or erased by unauthorised persons (control of data media);

(c) guarantee that it is possible to check and establish a posteriori what data have been recorded in Eurodac, when and by whom (control of data recording);

(d) prevent the unauthorised recording of data in Eurodac and any unauthorised modification or erasure of data recorded in Eurodac (control of data entry);

(e) guarantee that, in using Eurodac, authorised persons have access only to data which are within their competence (control of access);

(f) guarantee that it is possible to check and establish to which authorities data recorded in Eurodac may be transmitted by data transmission equipment (control of transmission);

(g) prevent the unauthorised reading, copying, modification or erasure of data during both the direct transmission of data to or from the central database and the transport of data media to or from the Central Unit (control of transport).

2. As regards the operation of the Central Unit, the Commission shall be responsible for applying the measures mentioned under paragraph 1.

ò new

Article 21 - Data security

1. The Member State of origin shall ensure the security of the data before and during transmission to the Central System. Each Member State shall ensure the security of the data which it receives from the Central System.

2. Each Member State shall, in relation to its national system, adopt the necessary measures, including a security plan, in order to:

(a) physically protect data, including by making contingency plans for the protection of critical infrastructure;

(b) deny unauthorised persons access to national installations in which the Member State carries out operations in accordance with the purpose of EURODAC (checks at entrance to the installation);

(c) prevent the unauthorised reading, copying, modification or removal of data media (data media control);

(d) prevent the unauthorised input of data and the unauthorised inspection, modification or deletion of stored personal data (storage control);

(e) prevent the unauthorised processing of data in EURODAC and any unauthorised modification or deletion of data processed in EURODAC (control of data entry);

(f) ensure that persons authorised to access EURODAC have access only to the data covered by their access authorisation, by means of individual and unique user identities and confidential access modes only (data access control);

(g) ensure that all authorities with a right of access to EURODAC create profiles describing the functions and responsibilities of persons who are authorised to access, enter, update, delete and search the data and make these profiles available to the National Supervisory Authorities referred to in Article 26 without delay at their request (personnel profiles);

(h) ensure that it is possible to verify and establish to which bodies personal data may be transmitted using data communication equipment (communication control);

(i) ensure that it is possible to verify and establish what data have been processed in EURODAC, when, by whom and for what purpose (control of data recording);

(j) prevent the unauthorised reading, copying, modification or deletion of personal data during the transmission of personal data to or from EURODAC or during the transport of data media, in particular by means of appropriate encryption techniques (transport control);

(k) monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation (self-auditing).

3. The Management Authority shall take the necessary measures in order to achieve the objectives set out in paragraph 2 as regards the operation of EURODAC, including the adoption of a security plan.

ê 2725/2000/EC

ð new

Article 22 - 15 Access to, and correction or erasure of, data recorded in EurodacEURODAC

1. The Member State of origin shall have access to data which it has transmitted and which are recorded in the central database ð Central System ï in accordance with the provisions of this Regulation.

No Member State may conduct searches in the data transmitted by another Member State, nor may it receive such data apart from data resulting from the comparison referred to in Article 4(5) 7(5).

ò new

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

ê 2725/2000/EC (adapted)

ð new

3. The authorities of Member States which, pursuant to paragraph 1, have access to data recorded in the central database ð Central System ï shall be those designated by each Member State ð 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. ï Each Member State shall without delay communicate to the Commission ð and the Management Authority ï a list of those authorities ð 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. ï

4. Only the Member State of origin shall have the right to amend the data which it has transmitted to the Central Unit ð System ï by correcting or supplementing such data, or to erase them, without prejudice to erasure carried out in pursuance of Article 6, Article 10(1) or Article 12(4)(a) 10 or Article 14(1).

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

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.

5. If a Member State or the Central Unit ð Management Authority ï has evidence to suggest that data recorded in the central database ð Central System ï 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 ð Central System ï contrary to this Regulation, it shall similarly advise ð the Management Authority, the Commission and ï 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.

6. The Central Unit ð Management Authority ï shall not transfer or make available to the authorities of any third country data recorded in the central database ð Central System ï, 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 ð international protection ï.

Article 21 - Implementing rules

1. The Council shall adopt, acting by the majority laid down in Article 205(2) of the Treaty, the implementing provisions necessary for

- laying down the procedure referred to in Article 4(7),

- laying down the procedure for the blocking of the data referred to in Article 12(1),

- drawing up the statistics referred to in Article 12(2).

In cases where these implementing provisions have implications for the operational expenses to be borne by the Member States, the Council shall act unanimously.

2. The measures referred to in Article 3(4) shall be adopted in accordance with the procedure referred to in Article 23(2).

Article 23 - 16 Keeping of records by the Central Unit

1. The Central Unit ð Management Authority ï shall keep records of all data processing operations within the Central Unit ð System ï. 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 Ö entering Õ in or retrieving the data and the persons responsible.

2. Such records may be used only for the data-protection monitoring of the admissibility of data processing as well as to ensure data security pursuant to Article 14 12. The records must be protected by appropriate measures against unauthorised access and erased after a period of one year ð after the retention period referred to in Article 10 and in Article 14(1) has expired ï, if they are not required for monitoring procedures which have already begun.

ò new

3. 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.

ê 2725/2000/EC (adapted)

ð new

Article 22 - Committee

1. The Commission shall be assisted by a committee.

2. In the cases where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. The committee shall adopt its rules of procedure.

Article 24 - 17 Liability

1. 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.

2. If failure of a Member State to comply with its obligations under this Regulation causes damage to the central database ð Central System ï, that Member State shall be held liable for such damage, unless and insofar as the Commission ð Management Authority or another Member State ï failed to take reasonable steps to prevent the damage from occurring or to minimise its impact.

3. Claims for compensation against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of national law of the defendant Member State.

Article 25 - 18 Rights of the data subject

1. A person covered by this Regulation shall be informed by the Member State of origin ð in writing, and where appropriate, orally, in a language which he or she understands or may reasonably be presumed to understand ï of the following:

(a) the identity of the controller and of his representative, if any;

(b) ÖregardingÕ the purpose for which the Ö his or her Õ data will be processed within EurodacEURODAC ð including a description of the aims of the Dublin Regulation, in accordance with Article 4 of that Regulation and of the aims of Article 3 of this Regulation and of Decision No […/…]JHA [EURODAC law enforcement Decision] ï.

(c) the recipients of the data;

(d) in relation to a person covered by Article 4 7 or Article 8 12, the obligation to have his/her fingerprints taken;

(e) the existence of the right of access to, and the right to rectify, the data Örelating to him/herÕconcerning him/herÖ , and the right to request that inaccurate data relating to him/her be corrected Õ ð or that unlawfully processed data relating to them be erased, as well as the right to receive information on the procedures for exercising those rights including the contact details of the controller and the National Supervisory Authorities referred to in Article 26(1) ï.

In relation to a person covered by Article 4 7 or Article 8 12, the information referred to in the first subparagraph shall be provided when his/her fingerprints are taken.

In relation to a person covered by Article 11 15, the information referred to in the first subparagraph shall be provided no later than the time when the data relating to the person are transmitted to the Central Unit ð System ï. This obligation shall not apply where the provision of such information proves impossible or would involve a disproportionate effort.

ò new

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

ê 2725/2000/EC

ð 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 ð Central System ï and of the Member State which transmitted them to the Central Unit ð System ï. Such access to data may be granted only by a Member State.

3. 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.

4. 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 ð Central System ï.

5. If it emerges that data recorded in the central database ð Central System ï are factually inaccurate or have been recorded unlawfully, the Member State which transmitted them shall correct or erase the data in accordance with Article 15(3) 22(3). That Member State shall confirm in writing to the data subject without excessive delay that it has taken action to correct or erase data relating to him/her.

6. If the Member State which transmitted the data does not agree that data recorded in the central database ð Central System ï are factually inaccurate or have been recorded unlawfully, it shall explain in writing to the data subject without excessive delay why it is not prepared to correct or erase the data.

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

7. 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.

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

ò new

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

ê 2725/2000/EC (adapted)

ð new

9. 10. In each Member State, the national supervisory authority shall ð on the basis of his/her request, ïassist 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 ð Central System ï, in order to exercise his/her rights under paragraph 3. The obligation of the national supervisory authorities to assist and, where requested, advise the data subject, in accordance with paragraph 10 13 , shall subsist throughout the proceedings.

Article 26 - 19 Ö Supervision by the Õ National Ssupervisory Aauthority

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

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

ò new

Article 2 - 7 Supervision by the European Data Protection Supervisor

1. The European Data Protection Supervisor shall check that the personal data processing activities of the Management Authority are carried out in accordance with this Regulation. The duties and powers referred to in Articles 46 and 47 of Regulation (EC) No 45/2001 shall apply accordingly.

2. 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 28 - Cooperation between National Supervisory Authorities and the European Data Protection Supervisor

1. 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.

2. 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.

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.

ê 2725/2000/EC (adapted)

ð new

CHAPTER VII - FINAL PROVISIONS

Article 29 - 21 Costs

1. The costs incurred in connection with the establishment and operation of the Central Unit ð Central System and the Communication Infrastructure ï shall be borne by the general budget of the European Union.

2. The costs incurred by ð verifying authorities and ï national ð access points ï units and the costs for connection to the central database ð Central System ï shall be borne by each Member State.

3. 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 3024

Annual report:, mMonitoring and evaluation

1. The Commission ð Management Authority ï shall submit to the European Parliament and the Council an annual report on the activities of the Central Unit ð System ï. 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.

2. The Commission ð Management Authority ï shall ensure that Ö procedures Õ systems are in place to monitor the functioning of the Central Unit ð System ï against objectives Ö relating to Õ in terms of outputs, cost-effectiveness and quality of service.

3. 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.

4. 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.

ò new

3. 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.

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

ê 2725/2000/EC

ð new

5. Three years after Eurodac starts operations ð the start of application of this Regulation as provided for in Article 35(2) ï and every six ð four ï 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, ð including in respect of the mechanism introduced by Article 3, the application of this Regulation in respect of the Central System, the security of the Central System , ï and any implications for future operations ð , as well as make any necessary recommendations ï . ð The Commission shall transmit the evaluation to the European Parliament and the Council. ï

ò new

6. 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.

7. The Management Authority shall provide the Commission with the information necessary to produce the overall evaluations referred to in paragraph 5.

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

ê 2725/2000/EC (adapted)

ð new

Article 31 - 25 Penalties

Member States shall Ö take the necessary measures to Õ ensure that Ö any Õ use of data recorded Ö entered Õ in the central database ð Central System ï contrary to the purpose of EurodacEURODAC as laid down in Article 1(1) shall be subject to appropriate penalties Ö is punishable by penalties, including administrative and/or criminal penalties in accordance with national law, that are effective, proportionate and dissuasive Õ.

Article 32 - 26 Territorial scope

The provisions of this Regulation shall not be applicable to any territory to which theDublin Convention Ö Regulation Õ does not apply.

ò new

Article 33 - Transitional provision

Data blocked in the Central System in accordance with Article 12 of Council Regulation (EC) No 2725/2000/EC shall be unblocked and marked in accordance with Article 14(1) of this Regulation on the date provided for in Article 35(2).

ê

Article 34 - Repeal

Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of Eurodac for the comparison of fingerprints for the effective application of the Dublin Convention and Council Regulation (EC) No 407/2002 of 28 February 2002 laying down certain rules to implement Regulation (EC) No 2725/2000 concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention are repealed with effect from the date provided for in Article 35(2).

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

ê 2725/2000/EC Article 27 (adapted)

ð new

Article 35 - 27 Entry into force and applicability

1. This Regulation shall enter into force on the Ö twentieth Õ day Ö following that Õ of its publication in the Official Journal of the European Communities Ö Union Õ.

2. 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 Ö Union Õ, 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 ð System ï in accordance with Ö this Regulation Õ 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 ð System ï to begin operations in accordance with Ö this Regulation Õ the implementing rules adopted under Article 4(7) and Article 12(5).

ò new

3. Member States shall notify the Commission as soon as the arrangements referred to in paragraph 2(a) have been made, and in any event no later than 12 months from the date of the entry into force of this Regulation.

ê 2725/2000/EC

4. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.