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Presence on a Member State territory of a person who does not or no longer fulfils entry or residence conditions. [defined in Article 2 of the Eurodac Regulation]
For the purposes of this Regulation, the following definitions apply: (1) ‘third-country national’ means a person who is not a citizen of the Union within the meaning of Article 20(1) and who is not a person enjoying the right to free movement under Union law as defined in Article 2, point (5), of of the […]
1. In implementing their obligations under this Regulation, the Union and the Member States shall observe the principle of solidarity and fair sharing of responsibility as enshrined in Article 80 , and shall take into account their shared interest in the effective functioning of the Union’s asylum and migration management policies. 2. In fulfilling their […]
1. Where it is established, on the basis of proof or circumstantial evidence as described in the lists referred to in Article 40(4) of this Regulation, including the data referred to in , that an applicant has irregularly crossed the border into a Member State by land, sea or air from a third country, the […]
For the purpose of applying of the European Parliament and of the Council (4), 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 […]
The return of third-country nationals or stateless persons who do not have a right to stay in the Union, in accordance with fundamental rights as a general principle of Union law, as well as international law, including refugee protection, the principle of non-refoulement and human rights obligations, and in compliance with of the European Parliament […]
National authorities in the Member States experience difficulties in identifying illegally staying third-country nationals or stateless persons with a view to their return and readmission. It is therefore essential to ensure that data on third-country nationals or stateless persons who are staying illegally in the Union are collected and transmitted to Eurodac and are also […]
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 […]
The obligation to take the biometric data of illegally staying third-country nationals or stateless persons of at least six years of age does not affect Member States’ right to extend a third-country national or stateless person’s stay on their territory pursuant to Article 20(2) of the Convention implementing the Schengen Agreement (27). 27. Convention implementing […]
1. A system known as ‘Eurodac’ is hereby established. Its purpose is to: (a) support the asylum system, including by assisting in determining which Member State is to be responsible pursuant to for examining an application for international protection registered in a Member State by a third-country national or a stateless person and by facilitating […]
1. Each Member State shall promptly take, in accordance with Article 13(2), the biometric data of every third-country national or stateless person of at least six years of age who is illegally staying within its territory. 2. The Member State concerned shall, as soon as possible and no later than 72 hours after the third-country […]
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