(fra kommisjonsbeslutningen)

(1) Regulation (EU) 2024/1358 establishes the system known as ‘Eurodac’ in order, among others, to assist with the control of irregular immigration to the Union, and to support evidence-based policymaking through the production of statistics.

(2) For those purposes, monthly cross-system statistics are to be produced using data from Eurodac, from the Visa Information System (VIS) established by Regulation (EC) No 767/2008 of the European Parliament and of the Council (2), from the European Travel Information and Authorisation System (ETIAS) established by Regulation (EU) 2018/1240 of the European Parliament and of the Council (3) and from the Entry/Exit System (EES) established by Regulation (EU) 2017/2226 of the European Parliament and of the Council (4).

(3) In accordance with Article 1(1), point (i), of Regulation (EU) 2024/1358, one of the purposes of Eurodac is to support evidence-based policymaking through the production of statistics.

(4) To ensure the achievement of that purpose it is necessary to draw-up statistics reflecting the migratory situation and migratory flows in the Union, including statistical data on secondary movements of third-country nationals and stateless persons between the Member States with a view to monitoring and anticipating migration flows towards and within the Union as well as to facilitating the application of Regulation (EU) 2024/1351 of the European Parliament and Council (5).

(5) In order to receive more accurate information on the migratory routes and means used to enter into the territory of the Member States, it is necessary to draw up statistics on the number of third-country nationals and stateless persons who have arrived in a Member State with a valid or an expired visa, including a long-stay visa, and have then applied for international protection. For the same purpose, it is also necessary to draw up statistics on the number of third-country nationals and stateless persons who have been refused a visa prior to applying for international protection, including a long-stay visa, and the number of applicants who had their visa revoked or annulled or their long-stay visa revoked, annulled or withdrawn.

(6) In accordance with Article 1(1), point (c), of Regulation (EU) 2024/1358 another purpose of Eurodac is to assist with the control of irregular migration to the Union. To ensure the achievement of that purpose, including countering irregular immigration into and within the territory of the Union it is necessary to draw up statistics on the number of persons who have arrived in a Member State with a valid visa, including a long-stay visa, that do not fulfil or no longer fulfil the conditions relating to the duration of their authorised stay; the number of persons who have been refused a visa prior to being found to be staying illegally in a Member State, including a long-stay visa; the number of persons who had their visa revoked or annulled or their long-stay visa revoked, annulled or withdrawn; the number of persons whose application for international protection has been rejected and who subsequently applied for a visa, including a long-stay visa or a travel authorisation. Likewise, it is necessary to draw up statistics on the number of persons illegally staying in a Member State who have been refused a residence permit or who had their residence permit revoked, annulled or withdrawn prior to being found to be staying illegally in a Member State.

(7) To that purpose, and especially to assist in determining the appropriate measures to be taken by the Member States in relation to the identification of illegally staying third-country nationals and stateless persons, it is necessary to draw up statistics on the number of persons apprehended in connection with an irregular crossing of the Union external border and the number of persons disembarked following search and rescue operations who have been refused a visa prior to apprehension or disembarkation, including a long-stay visa, who have been refused entry or a travel authorisation prior to apprehension or disembarkation or who have been registered exiting the Union.

(8) In order to better understand the context within which an application for international protection is made in a Member State and to support evidence-based policymaking, it is necessary to draw up statistics on the number of applicants for international protection who have been refused a residence permit or had their residence permit revoked, annulled or withdrawn prior to applying for international protection. It is also necessary to draw up statistics on the number of applicants for international protection who, after having their application rejected, request a visa, a long-stay visa or a travel authorisation.

(9) In order to capture the phenomenon of applicants for international protection leaving the Union’s territory pending the examination of their applications and then subsequently returning into the Union’s territory, and to support evidence-based policymaking as regards the functioning of both the Union asylum system and national asylum systems, it is necessary to draw up statistics on the number of applicants for international protection who have been registered exiting the Union and then returning into the Union’s territory.

(10) In order for cross-system statistics using data from Eurodac and VIS, ETIAS or EES, to be produced, those systems need to start operations. For that purpose, it is also necessary that the common identity repository (CIR) and multiple-identity detector (MID), established by Regulation (EU) 2019/817 (6) and Regulation (EU) 2019/818 (7) of the European Parliament and of the Council respectively, also start operations. Therefore, provisions on statistics using data from a system should start to apply on the date from which that system starts operations, provided the CIR and MID are operational.

(11) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (8) and delivered an opinion on 1 August 2025.

(12) The measures provided for in this Decision are in accordance with the opinion of the committee referred to in Article 56(1) of Regulation (EU) 2024/1358.

(13) In accordance with Articles 1 and 2 of Protocol No 22 on the position of the Kingdom of Denmark, annexed to the Treaty on European Union (TEU) and to the Treaty on the Functioning of the European Union (TFEU), the Kingdom of Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(14) In accordance with Article 4 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the TEU and to the TFEU, Ireland has notified, by letter of 21 June 2024, its wish to accept and be bound by Regulation (EU) 2024/1358. Commission Decision (EU) 2024/2100 (9) confirmed such participation. Ireland is therefore taking part in the adoption of this act,