Amended proposal for a Regulation on the establishment of ‘Eurodac’ for the comparison of biometric data

Author (Corporate)
Series Details COM (2020) 614
Publication Date 23/09/2020
Content Type


Legislative initiative initially tabled by the European Commission on 4 May 2016, concerning the establishment of the Eurodac database for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 and for identifying an illegally staying third-country national or stateless persons. It also concerns requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes. This was a recast proposal. On 23 September 2020, the Commission adopted an amended version of this proposal, concerning the establishment of Eurodac for the comparison of biometric data for the effective application of the Regulation on Asylum and Migration Management and the Resettlement Regulation. It also aims to amend Regulation (EU) 2018/1240 and Regulation (EU) 2019/818.

Further information:

Eurodac was established by Regulation (EC) No 2725/2000 concerning the establishment of a system for the comparison of fingerprints to guarantee the effective application of the Dublin Convention. It was first reviewed in June 2013 to enable law enforcement authorities too to access the Eurodac database (Regulation (EU) No 603/2013). Its primary objective was always to serve the implementation of the Dublin Regulation.

When the migration crisis escalated in 2015, some Member States became overwhelmed with fingerprinting all those who arrived irregularly to the European Union (EU) at the external borders. In April 2016, the Commission published a Communication setting out a reform of the Common European Asylum System. This proposal was part of the first package of measures, tabled in May 2016. The roadmap prioritised a reform of the Dublin Regulation - as part of this, the need to reinforce Eurodac was highlighted as a way to fight against irregular migration. The European Parliament's relevant committee approved the report featuring a position on this draft on 30 May 2017, together with a mandate for interinstitutional negotiations. The Council of the European Union first adopted a general approach on 9 December 2016 and later amended it on 15 June 2017. The negotiations started in September and an informal agreement on some elements of the proposal was reached on 19 June 2018. The file got stuck in the some of the implications and the package approach adopted in the reform of the asylum rules.

On 23 September 2020, the European Commission tabled an amended version of this proposal, as part of a legislative package launched alongside its New Pact on Migration and AsylumIt builds on the informal agreement already reached by the co-legislators and it aims at transforming Eurodac into a common European database to support EU policies on asylum, resettlement and irregular migration.

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Commentary and Analysis
EPRS: Briefing, March 2019: Recast Eurodac Regulation

EUObserver, 09/12/2016: EU asylum return focus expands police scrutiny
Deutsche Welle, 09/11/2017: EU's migrant fingerprinting system Eurodac under review
Politico, 25/04/2018: EU wrestles with plan to force fingerprinting of migrant children

EUR-Lex: COM(2016)272: Proposal for a Regulation on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Regulation (recast)
European Parliament: Legislative Observatory: Procedure File for Proposal on Eurodac system for the comparison of fingerprints of applicants for international protection and for identifying illegally staying third-country nationals or stateless persons; requests for the comparison with Eurodac data (recast)
European Parliament: Legislative Train Schedule: Recast Eurodac regulation
Council of the European Union: Press Release, 09/12/2016: Common European Asylum System reform: Council ready to start negotiations on Eurodac
European Parliament: Press Release, 31/05/2017: Asylum: MEPs tighten internal security and improve safety for refugee children
European Parliament: Press Release, 19/06/2018: Asylum: deal to update EU fingerprinting database

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