1. The biometric data of minors from the age of six shall be taken by officials trained specifically to take a minor’s biometric data in a child-friendly and child-sensitive manner and in full respect of the best interests of the child and the safeguards laid down in the United Nations Convention on the Rights of the Child.
The best interests of the child shall be a primary consideration in the application of this Regulation. In the event that there is uncertainty as to whether or not a child is under the age of six and there is no supporting proof of that child’s age, the competent authorities of the Member States shall consider that child to be under the age of six for the purposes of this Regulation.
The minor shall be accompanied by, where present, an adult family member throughout the time when his or her biometric data are taken. The unaccompanied minor shall be accompanied by a representative or, where a representative has not been designated, a person trained to safeguard the best interests of the child and his or her general wellbeing, throughout the time when his or her biometric data are taken. Such a trained person shall not be the official responsible for taking the biometric data, shall act independently and shall not receive orders either from the official or the service responsible for taking the biometric data. Such a trained person shall be the person designated to provisionally act as a representative under , where that person has been designated.
No form of force shall be used against minors to ensure their compliance with the obligation to provide biometric data. However, where permitted by relevant Union or national law, and as a last resort, a proportionate degree of coercion may be used against minors to ensure their compliance with that obligation. When applying such a proportionate degree of coercion, Member States shall respect the dignity and physical integrity of the minor.
Where a minor, in particular an unaccompanied or separated minor, refuses to give their biometric data and there are reasonable grounds for believing that there are risks relating to safeguarding or protecting the minor, as assessed by an official trained specifically to take a minor’s biometric data, the minor shall be referred to the competent national child protection authorities, the national referral mechanisms or both.
2. Where it is not possible to take the fingerprints or capture the facial image of a minor due to the conditions of the fingertips or face, Article 13(5) shall apply. Where the fingerprints or facial image of a minor are retaken, paragraph 1 of this Article shall apply.
3. Eurodac data that pertain to a child under the age of 14 shall only be used for law enforcement purposes against such a child where there are grounds in addition to those referred to in Article 33(1), point (d), to consider that those data are necessary for the purpose of the prevention, detection or investigation of a terrorist offence or other serious criminal offence which that child is suspected of having committed.
4. This Regulation shall be without prejudice to the application of the conditions set out in Article 13 of .
Correlation table
| Regulation (EU) No 603/2013 | This Regulation |
| — | Article 14 |