16 May 2022
A proposal to expand the Eurodac database of refugees' biometric data has been the subject of negotiations in the Council and Parliament since 2016, but discussions have been stuck for some time. Now the text is back on the agenda in the Council, with a proposal to include another group in the database: beneficiaries of temporary protection, which at the moment consists of Ukranians who have fled the Russian invasion.
See: NOTE from: Presidency to: Delegations: Amended proposal for a REGULATION OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL on the establishment of 'Eurodac' for the comparison of biometric data for the effective application of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] and of Regulation (EU) XXX/XXX [Resettlement Regulation], for identifying an illegally staying third-country national or 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 Regulations (EU) 2018/1240 and (EU) 2019/818 (Council doc. 8562/22, LIMITE, 2 May 2022, pdf):
"At the Coreperer on 29 April, some Member States have expressed their wish to adapt the current Eurodac Regulation proposal by adding provisions relating to the registration of beneficiaries of temporary protection as a new category.
With this background, the Presidency therefore suggests adding a new category of beneficiaries of temporary protection in the Eurodac regulation. A few other technical modifications are also suggested."
The new chapter on beneficiaries of temporary protection includes the following:
‘CHAPTER IV c
BENEFICIARIES OF TEMPORARY PROTECTION
Collection and transmission of biometric data
1. Each Member State shall promptly take the biometric data of every third-country national or stateless person of at least six years of age who enjoys temporary protection in the territory of that Member State pursuant to Directive 2001/55/EC [Temporary protection].
2. The Member State concerned shall, as soon as possible and no later than 72 hours the registration as beneficiary of temporary protection, transmit to the Central System and to the CIR, as appropriate in accordance with Article 4(2), the following data in relation to any third-country national or stateless person, as referred to in paragraph 1:
(a) fingerprint data;
(b) a facial image;
(c) surname(s) and forename(s), name(s) at birth and previously used names and any
aliases, which may be entered separately;
(e) date of birth;
(f) place of birth;
(g) Member State of origin, place and date of registration as beneficiary of temporary protection;
(i) where available, the type and number of identity or travel document, the three letter code of the issuing country and expiry date;
(j) where available, a scanned colour copy of an identity or travel document along with an indication of its authenticity or, where unavailable, another document
(k) reference number used by the Member State of origin;
(j) date on which the biometric data were taken;
(k) date on which the data were transmitted to the Central System and to the CIR as
(l) operator user ID;
(m) the fact that the person could pose a threat to internal security following any security checks, thus justifying the exclusion of the benefit of the temporary protection based on security-related exclusion grounds, as provided by Article 28 of Directive 2001/55/CE;
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