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 of the European Parliament and of the Council (9) or in any of the offences referred to in Council Framework Decision 2002/584/JHA (10). 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. Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6). ↩︎
10. Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1). ↩︎