contents table Logo Lexparency.org lexp
Eurodac
Article 11

Article 11 — Comparison of fingerprint data

  1. With a view to checking whether an alien found illegally present within its territory has previously lodged an application for asylum in another Member State, each Member State may transmit to the Central Unit any fingerprint data relating to fingerprints which it may have taken of any such alien of at least 14 years of age together with the reference number used by that Member State.

    As a general rule there are grounds for checking whether the alien has previously lodged an application for asylum in another Member State where:

    1. the alien declares that he/she has lodged an application for asylum but without indicating the Member State in which he/she made the application;
    2. the alien does not request asylum but objects to being returned to his/her country of origin by claiming that he/she would be in danger, or
    3. the alien otherwise seeks to prevent his/her removal by refusing to cooperate in establishing his/her identity, in particular by showing no, or false, identity papers.
  2. Where Member States take part in the procedure referred to in paragraph 1, they shall transmit to the Central Unit the fingerprint data relating to all or at least the index fingers, and, if those are missing, the prints of all other fingers, of aliens referred to in paragraph 1.
  3. The fingerprint data of an alien as referred to in paragraph 1 shall be transmitted to the Central Unit solely for the purpose of comparison with the fingerprint data of applicants for asylum transmitted by other Member States and already recorded in the central database.

    The fingerprint data of such an alien shall not be recorded in the central database, nor shall they be compared with the data transmitted to the Central Unit pursuant to Article 8(2).

  4. As regards the comparison of fingerprint data transmitted under this Article with the fingerprint data of applicants for asylum transmitted by other Member States which have already been stored in the Central Unit, the procedures provided for in Article 4(3), (5) and (6) as well as the provisions laid down pursuant to Article 4(7) shall apply.
  5. Once the results of the comparison have been transmitted to the Member State of origin, the Central Unit shall forthwith:
    1. erase the fingerprint data and other data transmitted to it under paragraph 1; and
    2. destroy the media used by the Member State of origin for transmitting the data to the Central Unit, unless the Member State of origin has requested their return.