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Regulation (EU) 2024/1358 aims to transform the existing Eurodac database into a comprehensive asylum and migration database with more accurate and complete data on various categories of migrants, including applicants for asylum and people arriving irregularly in the European Union (EU).
In particular, it aims to:
support the asylum system and help to manage irregular migration and the detection of secondary movements1;
Improvements for EU Member States and asylum seekers
The regulation:
eases the identification and counting of people, the tracking of multiple applications and the detection and prevention of secondary movements; and
helps with faster asylum and resettlement procedures with more protection (through better identification) of vulnerable categories of people, including unaccompanied minors.
Main features
Eurodac system
Eurodac consists of a central system, communication infrastructure and a common identity repository.
Data in Eurodac are processed on behalf of the Member State that sends the dataset of the person.
Member States must collect biometric and alphanumeric data of various categories of individuals and transmit them to Eurodac within specified time frames.
The system will now also include data from children from the age of six.
Rules for taking the biometric data of minors require that they be accompanied and that the process be child-friendly.
Following certain security checks, the fact that a person could pose a threat to internal security may be recorded in Eurodac, subject to data protection safeguards.
Data storage
Data are stored in Eurodac for specified retention periods, after which they are automatically erased.
Data are marked when an individual is granted international protection or issued a residence document.
Comparison of biometric data
An automated comparison of biometric data transmitted by Member States is carried out in Eurodac.
Results of comparisons are transmitted back to Member States.
Access to Eurodac for law enforcement purposes
Member States’ designated authorities and the European Union Agency for Law Enforcement Cooperation (Europol) can request the comparison of biometric or alphanumeric data with Eurodac data for law enforcement purposes.
The database will be integrated into the interoperability framework to align with other EU databases.
FROM WHEN DOES THE REGULATION APPLY?
The regulation applies from . However, the articles relating to the collection and transmission of the biometric data of beneficiaries of temporary protection apply from .
Ireland is participating in this regulation (see Commission decision). Denmark also declared its wish to be bound by the regulation.
Secondary movement. The unauthorised movement of applicants for international protection from the Member State of arrival to another Member State.
MAIN DOCUMENT
Regulation (EU) 2024/1358 of the European Parliament and of the Council of on the establishment of Eurodac for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council (OJ L, 2024/1358, ).
RELATED DOCUMENTS
Directive (EU) 2024/1346 of the European Parliament and of the Council of laying down standards for the reception of applicants for international protection (OJ L, 2024/1346, ).
Regulation (EU) 2024/1347 of the European Parliament and of the Council of on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted, amending Council Directive 2003/109/EC and repealing Directive 2011/95/EU of the European Parliament and of the Council (OJ L, 2024/1347, ).
Regulation (EU) 2024/1348 of the European Parliament and of the Council of establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU (OJ L, 2024/1348, ).
Regulation (EU) 2024/1350 of the European Parliament and of the Council of establishing a Union Resettlement and Humanitarian Admission Framework, and amending Regulation (EU) 2021/1147 (OJ L, 2024/1350, ).
Regulation (EU) 2024/1351 of the European Parliament and of the Council of on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013 (OJ L, 2024/1351, ).
Commission Decision (EU) 2024/2100 of confirming the participation of Ireland in Regulation (EU) 2024/1358 of the European Parliament and of the Council on the establishment of Eurodac for the comparison of biometric data (OJ L, 2024/2100, ).
Council Implementing Decision (EU) 2022/382 of establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having the effect of introducing temporary protection (OJ L 71, , pp. 1–6).
Regulation (EU) 2021/2303 of the European Parliament and of the Council of on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 (OJ L 468, , pp. 1–54).
Regulation (EU) 2019/818 of the European Parliament and of the Council of on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 135, , pp. 85–135).
Successive amendments to Regulation (EU) 2019/818 have been incorporated into the original text. This consolidated version is of documentary value only.
Regulation (EU) 2019/1896 of the European Parliament and of the Council of on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, , pp. 1–131).
Regulation (EU) 2018/1240 of the European Parliament and of the Council of establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, , pp. 1–71).
Regulation (EU) 2018/1725 of the European Parliament and of the Council of on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, , pp. 39–98).
Regulation (EU) 2018/1726 of the European Parliament and of the Council of on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, , pp. 99–137).
Regulation (EU) 2018/1862 of the European Parliament and of the Council of on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, , pp. 56–106).
Directive (EU) 2017/541 of the European Parliament and of the Council of on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, , pp. 6–21).
Regulation (EU) 2017/2226 of the European Parliament and of the Council of establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, , pp. 20–82).
Regulation (EU) 2016/679 of the European Parliament and of the Council of on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, , pp. 1–88).
Directive (EU) 2016/680 of the European Parliament and of the Council of on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, , pp. 89–131).
Regulation (EU) 2016/794 of the European Parliament and of the Council of on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, , pp. 53–114).
Regulation (EU) No 603/2013 of the European Parliament and of the Council of on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (recast) (OJ L 180, , pp. 1–30).
Regulation (EC) No 767/2008 of the European Parliament and of the Council of concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, , pp. 60–81).
Directive 2008/115/EC of the European Parliament and of the Council of on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, , pp. 98–107).
Council Decision 2008/615/JHA of on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, , pp. 1–11).
Council Decision 2008/633/JHA of concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences (OJ L 218, , pp. 129–136).
Directive 2004/38/EC of the European Parliament and of the Council of on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, , pp. 77–123).
Council Directive 2001/55/EC of on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, , pp. 12–23).
