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(1) A common policy on asylum, including a Common European Asylum System, is a constituent part of the Union’s objective of progressively establishing an area of freedom, security and justice open to those who, forced by circumstances, seek international protection in the Union.

(2) For the purpose of applying Regulation (EU) 2024/1351 of the European Parliament and of the Council , it is necessary to establish the identity of applicants for international protection and of persons apprehended in connection with the irregular crossing of the external borders of the Member States. In order to apply that Regulation effectively, it is also desirable to allow each Member State to check whether a third-country national or stateless person found to be illegally staying on its territory has applied for international protection in another Member State.

(3) Moreover, for the purpose of applying Regulation (EU) 2024/1351 effectively, it is necessary to clearly record in Eurodac the fact that there has been a shift of responsibility between Member States, including in cases of relocation.

(4) In order to apply Regulation (EU) 2024/1351 effectively and to detect any secondary movements within the Union, it is also necessary to allow each Member State to check whether a third-country national or a stateless person who is found to be illegally staying on its territory or who applies for international protection has been granted international protection or humanitarian status under national law by another Member State in accordance with Regulation (EU) 2024/1350 of the European Parliament and of the Council or in accordance with a national resettlement scheme. For that purpose, the biometric data of persons registered for the purpose of conducting an admission procedure should be stored in Eurodac as soon as the international protection or humanitarian status under national law is granted, and no later than 72 hours thereafter.

(5) In order to apply Regulation (EU) 2024/1350 efficiently, it is necessary to allow each Member State to check whether a third-country national or a stateless person has been granted international protection or humanitarian status under national law in accordance with that Regulation by another Member State or has been admitted to the territory of a Member State in accordance with a national resettlement scheme. In order to be able to apply the relevant grounds for refusal provided for in that Regulation within the context of a new admission procedure, Member States also need information on the conclusion of previous admission procedures and information on any decision on granting international protection or humanitarian status under national law. Furthermore, information on a decision on granting international protection or humanitarian status under national law is necessary to identify the Member State that concluded the procedure and thus enable other Member States to seek supplementary information from that Member State.

(6) Furthermore, in order to reflect accurately the obligations Member States have under international law to conduct search and rescue operations and to provide a more accurate picture of the composition of migratory flows in the Union, it is also necessary to record in Eurodac the fact that the third-country nationals or stateless persons were disembarked following search and rescue operations, including for statistical purposes. Without prejudice to the application of Regulation (EU) 2024/1351, the recording of that fact should not result in any difference of treatment of persons registered in Eurodac upon apprehension in connection with the irregular crossing of an external border. That should be without prejudice to the rules under Union law applicable to third-country nationals or stateless persons disembarked following search and rescue operations.

(7) Furthermore, for the purpose of supporting the asylum system by applying Regulations (EU) 2024/1351, (EU) 2024/1348 and (EU) 2024/1347 of the European Parliament and of the Council and Directive (EU) 2024/1346 of the European Parliament and of the Council , it is necessary to record whether, following security checks referred to in this Regulation, it appears that a person could pose a threat to internal security. That recording should be carried out by the Member State of origin. The existence of such a record in Eurodac is without prejudice to the requirement of an individual examination under Regulations (EU) 2024/1347 and (EU) 2024/1348. The record should be erased if the investigation shows that there are insufficient grounds for considering that the person concerned represents a threat to internal security.

(8) Following the security checks referred to in this Regulation, the fact that a person could pose a threat to internal security (‘security flag’) should only be recorded in Eurodac if the person is violent or unlawfully armed or where there are clear indications that the person is involved in any of the offences referred to in Directive (EU) 2017/541 of the European Parliament and of the Council or in any of the offences referred to in Council Framework Decision 2002/584/JHA . When assessing whether a person is unlawfully armed, it is necessary that a Member State determine whether the person is carrying a firearm without a valid permit or authorisation or any other type of prohibited weapon as defined under national law. When assessing whether a person is violent, it is necessary that a Member State determine whether the person has displayed behaviour that results in physical harm to other persons that would amount to a criminal offence under national law.

(9) Council Directive 2001/55/EC provides for a system of temporary protection which was activated for the first time by means of Council Implementing Decision (EU) 2022/382 in response to the war in Ukraine. Pursuant to that system of temporary protection, Member States are to register persons enjoying temporary protection on their territory. Member States are also required, inter alia, to reunite family members and to cooperate with each other with regard to the transferral of the residence of persons enjoying temporary protection from one Member State to another. It is appropriate to supplement the data collection provisions in Directive 2001/55/EC by including persons enjoying temporary protection in Eurodac. In that regard, biometric data are an important element in establishing such persons’ identity or family relationships, and thus protecting a substantial public interest within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council . Moreover, by including the biometric data of beneficiaries of temporary protection in Eurodac rather than in a peer-to-peer system between Member States, such persons will benefit from the safeguards and protections laid down in this Regulation, in particular with regard to data retention periods, which should be as short as possible.

(10) However, in view of the fact that a platform has already been set up by the Commission, in cooperation with the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), established by Regulation (EU) 2018/1726 of the European Parliament and of the Council , and the Member States, to deal with the information exchanges necessary pursuant to Directive 2001/55/EC, it is appropriate to exclude from Eurodac persons enjoying temporary protection pursuant to Implementing Decision (EU) 2022/382 and any other equivalent national protection pursuant thereto. Such exclusion should also apply in respect of any future amendments to Implementing Decision (EU) 2022/382 and any extensions of that temporary protection.

(11) It is appropriate to defer the collection and transmission of biometric data of third-country nationals or stateless persons registered as a beneficiary of temporary protection to three years after the entry into application of the other provisions of this Regulation, in order to ensure sufficient time for the Commission to assess the functioning and the operational efficiency of any IT system used to exchange the data of beneficiaries of temporary protection and the expected impact of such collection and transmission in the event that Directive 2001/55/EC is activated.

(12) Biometrics constitute an important element in establishing the exact identity of the persons falling under the scope of this Regulation because they ensure a high level of accuracy of identification. Therefore, it is necessary to set up a system for the comparison of such persons’ biometric data.

(13) It is also necessary to ensure that the system for the comparison of biometric data functions within the interoperability framework established by Regulations (EU) 2019/817 and (EU) 2019/818 of the European Parliament and of the Council in accordance with this Regulation and with Regulation (EU) 2016/679, in particular with the principles of necessity and proportionality and with the principle of purpose limitation set out in Regulation (EU) 2016/679.

(14) The reuse by Member States of the biometric data of third-country nationals or stateless persons that have already been taken pursuant to this Regulation for the purposes of transmission to Eurodac in accordance with the conditions set out in this Regulation should be encouraged.

(15) Furthermore, it is necessary to introduce provisions that frame the access of European Travel Information and Authorization System (ETIAS) national units and of competent visa authorities to Eurodac in accordance with Regulations (EU) 2018/1240 and (EC) No 767/2008 of the European Parliament and of the Council, respectively.