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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.

(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.

(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.

(16) For the purpose of assisting in the control of irregular immigration and of providing statistics to support evidence-based policy making, eu-LISA should be able to produce cross-system statistics using data from Eurodac, the Visa Information System (VIS), ETIAS and the Entry/Exit System (EES), established by Regulation (EU) 2017/2226 of the European Parliament and of the Council . In order to specify the content of those cross-system statistics, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council .

(17) It is therefore necessary to set up a system known as ‘Eurodac’, consisting of a Central System and the Common Identity Repository (CIR) established by Regulation (EU) 2019/818, which will operate a computerised central database of biometric data, alphanumeric data and, where available, a scanned colour copy of an identity or travel document, as well as the electronic means of transmission between Eurodac and the Member States (the ‘Communication Infrastructure’).

(18) In its communication of 13 May 2015 entitled ‘A European Agenda on Migration’, the Commission noted that Member States must also implement fully the rules on taking migrants’ fingerprints at the borders, and further proposed that it will also explore how more biometric identifiers, such as using facial recognition techniques through digital photos, can be used through Eurodac.

(19) For the purpose of obtaining a high level of accuracy of identification, fingerprints should always be preferred over facial images. To that end, Member States should exhaust all avenues for ensuring that fingerprints can be taken from the data subject before carrying out a comparison using exclusively a facial image. To assist Member States in overcoming challenges, where it is impossible to take the fingerprints of the third-country national or stateless person because his or her fingertips are damaged, whether intentionally or not, or amputated, this Regulation should allow Member States to carry out a comparison using a facial image without taking fingerprints.

(23) With a view to facilitating the procedures for the identification and the issuance of travel documents for return purposes of illegally staying third-country nationals or stateless persons, a scanned colour copy of an identity or travel document should be recorded in Eurodac, where available, along with an indication of its authenticity. If such an identity or travel document is not available, only one other available document identifying the third-country national or stateless person should be recorded in Eurodac along with an indication of its authenticity. In order to facilitate the procedures for the identification and the issuance of travel documents for return purposes of illegally staying third-country nationals or stateless persons, and in order not to populate the system with counterfeit documents, only documents validated as authentic or the authenticity of which cannot be established due to the absence of security features should be kept in the system.

(24) In its conclusions on the future of return policy of 8 October 2015, the Council endorsed the initiative announced by the Commission to explore an extension of the scope and purpose of Eurodac to enable the use of data for return purposes. Member States should have the necessary tools at their disposal to be able to control illegal migration to the Union and to detect secondary movements within the Union and illegally staying third-country nationals and stateless persons in the Union. Therefore, the data in Eurodac should be available, subject to the conditions set out in this Regulation, for comparison by the Member States’ designated authorities.

(25) The European Border and Coast Guard Agency, established by Regulation (EU) 2019/1896 of the European Parliament and of the Council , supports Member States in their efforts to better manage the external borders and control illegal immigration. The European Union Agency for Asylum, established by Regulation (EU) 2021/2303 of the European Parliament and of the Council , provides operational and technical assistance to Member States. Consequently, authorised users of those agencies, as well as of other agencies acting in the field of Justice and Home Affairs, should be provided with access to the central repository if such access is relevant for the implementation of their tasks in line with relevant data protection safeguards.

(26) As members of the European Border and Coast Guard Teams and experts of the asylum support teams referred to in Regulations (EU) 2019/1896 and (EU) 2021/2303, respectively, may, upon request of the host Member State, take and transmit biometric data, adequate technological solutions should be developed to ensure that efficient and effective assistance is provided to the host Member State.

(27) Moreover, in order for Eurodac to effectively assist in the control of irregular immigration to the Union and in the detection of secondary movements within the Union, it is necessary to allow the system to count applicants, as well as applications, by linking all datasets corresponding to one person, regardless of their category, in one sequence. Where a dataset registered in Eurodac is erased, any link to that dataset should be automatically erased.