Commission Implementing Decision (EU) 2026/533 of 11 March 2026 laying - 12th March 2026 - European Commission

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Official Journal EN of the European Union L series 2026/533 12.3.2026 COMMISSION IMPLEMENTING DECISION(EU) 2026/533 of 11 March 2026 laying down rules for the application of Regulation (EU) 2024/1358 of the European Parliament and of the Council as regards the content of the monthly cross-system statistics using data from Eurodac, the Visa Information System, the European Travel Information and Authorisation System and the Entry/Exit System pursuant to Article 12(3) of that Regulation THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations

(EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council(1), and in particular Article 12(3), third subparagraph, thereof,

Whereas:

(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.

(1) OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj.

(2) Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System

(VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60, ELI: http:// data.europa.eu/eli/reg/2008/767/oj).

(3) Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399,

(EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1240/oj).

(4) Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System

(EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20, ELI:

http://data.europa.eu/eli/reg/2017/2226/oj).

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(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.

(5) Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013 (OJ L, 2024/1351,

22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1351/oj).

2/9 ELI: http://data.europa.eu/eli/dec_impl/2026/533/ojEN OJ L, 12.3.2026

(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,

HAS ADOPTED THIS DECISION:

Article 1

1. eu-LISA shall draw up monthly statistics, disaggregated by Member State, age, sex and nationality, indicating the number of persons referred to in Article 15(1) of Regulation (EU) 2024/1358, whose biometric data have been taken in accordance with Article 13(1) of that Regulation, who:

(a) have been granted a visa, as indicated in the application file in accordance with Article 10(1) of Regulation (EC) No 767/2008, prior to applying for international protection;

(b) have been refused a visa, as indicated in the application file in accordance with Article 12(1) of Regulation (EC) No 767/2008, prior to applying for international protection;

(c) had their visa revoked or annulled, as indicated in the application file in accordance with Article 13(1) of Regulation

(EC) No 767/2008;

(d) have been granted a long-stay visa, as indicated in the application file in accordance with Article 22c of Regulation

(EC) No 767/2008, prior to applying for international protection;

(6) Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008,

(EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, p. 27, ELI: http://data.europa.eu/eli/reg/2019/ 817/oj).

(7) Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, p. 85, ELI: http://data.europa.eu/eli/reg/ 2019/818/oj).

(8) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.

europa.eu/eli/reg/2018/1725/oj).

(9) Commission Decision (EU) 2024/2100 of 31 July 2024 confirming the participation of Ireland in Regulation (EU) 2024/1358 of the European Parliament and of the Council on the establishment of Eurodac for the comparison of biometric data (OJ L, 2024/2100,

2.8.2024, ELI: http://data.europa.eu/eli/dec/2024/2100/oj).

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(e) have been refused a long-stay visa, as indicated in the application file in accordance with Article 22d of Regulation

(EC) No 767/2008, prior to applying for international protection;

(f) had their long-stay visa revoked, annulled or withdrawn, as indicated in the application file in accordance with Article 22e of Regulation (EC) No 767/2008;

(g) have been granted a residence permit, as indicated in the application file in accordance with Article 22c of Regulation

(EC) No 767/2008, prior to applying for international protection;

(h) have been refused a residence permit, as indicated in the application file in accordance with Article 22d of Regulation

(EC) No 767/2008, prior to applying for international protection;

(i) had their residence permit revoked, annulled or withdrawn, as indicated in the application file in accordance with Article 22e of Regulation (EC) No 767/2008;

(j) have been registered entering at an external border at which the EES is operated, as indicated in the entry exit record in accordance with Article 16 or 17 of Regulation (EU) 2017/2226, prior to applying for international protection;

(k) have been registered exiting at an external border at which the EES is operated, as indicated in the entry exit record in accordance with Article 16 or 17 of Regulation (EU) 2017/2226;

(l) have been refused entry at an external border at which the EES is operated, as indicated in the entry exit record in accordance with Article 18 of Regulation (EU) 2017/2226, prior to applying for international protection;

(m) are an overstayer, as indicated in the entry exit record in accordance with Article 16(4) or 17(2) of Regulation

(EU) 2017/2226;

(n) have been granted a travel authorisation, as indicated in the application file in accordance with Article 39(1) of Regulation (EU) 2018/1240, prior to applying for international protection;

(o) have been granted a travel authorisation with limited territorial validity, as indicated in the application file in accordance with Article 44(6) of Regulation (EU) 2018/1240, prior to applying for international protection;

(p) have been refused a travel authorisation, as indicated in the application file in accordance with Article 39(3) of Regulation (EU) 2018/1240, prior to applying for international protection;

(q) had their travel authorisation revoked or annulled, as indicated in the application file in accordance with Article 43 of Regulation (EU) 2018/1240.

2. The statistical data referred to in paragraph 1, points (a), (d) and (g), shall also be disaggregated by Member State, authority and location contained in the application file of the VIS.

3. Where applicable, the statistical data referred to in paragraph 1, points (n) and (o), shall also be disaggregated by Member State contained in the application file of the ETIAS.

4. The statistical data referred to in paragraph 1, points (b), (e), (h) and (p), shall also be disaggregated by Member State and grounds for refusal contained in the application file of the VIS or ETIAS.

5. The statistical data referred to in paragraph 1, points (c) and (q), shall also be disaggregated by Member State and grounds for revocation or annulment contained in the application file of the VIS or ETIAS.

6. The statistical data referred to in paragraph 1, points (f) and (i), shall also be disaggregated by Member State and grounds for revocation, annulment or withdrawal contained in the application file of the VIS.

4/9 ELI: http://data.europa.eu/eli/dec_impl/2026/533/ojEN OJ L, 12.3.2026

7. The statistical data referred to in paragraph 1, points (j) and (k), shall also be disaggregated by Member State and border crossing point contained in the entry exit record of the EES.

8. The statistical data referred to in paragraph 1, point (l) shall also be disaggregated by Member State, border crossing point and reasons for refusal contained in the entry exit record of the EES.

Article 2

1. eu-LISA shall draw up monthly statistics, disaggregated by Member State, age, sex and nationality, indicating the number of persons referred to in Article 15(1) of Regulation (EU) 2024/1358 and for whom the information referred to in Article 17(2), point (j), of Regulation (EU) 2024/1358 has been registered, who:

(a) have requested a visa, as indicated in the application file in accordance with Article 9(2) of Regulation (EC) No 767/2008, after having been registered in accordance with Article 15(1) and Article 17(2), point (j), of Regulation (EU) 2024/1358;

(b) have requested a long-stay visa, as indicated in the application file in accordance with Article 22a(1)(b) of Regulation

(EC) No 767/2008, after having been registered in accordance with Article 15(1) and Article 17(2), point (j), of Regulation (EU) 2024/1358;

(c) have requested a travel authorisation, as indicated in the application file in accordance with Article 19(3) of Regulation (EU) 2018/1240, after having been registered in accordance with Article 15(1) and Article 17(2), point

(j), of Regulation (EU) 2024/1358.

2. The statistical data referred to in paragraph 1, points (a), (b) and (c), shall also be disaggregated by Member State contained in the application file of the VIS or ETIAS.

Article 3

1. eu-LISA shall draw up monthly statistics, disaggregated by Member State, age, sex and nationality, indicating the number of persons referred to in Article 22(1) of Regulation (EU) 2024/1358 who:

(a) have been refused a visa, as indicated in the application file in accordance with Article 12(1) of Regulation (EC) No 767/2008, prior to being apprehended in connection with an irregular crossing of the external border;

(b) had their visa revoked or annulled, as indicated in the application file in accordance with Article 13(1) of Regulation

(EC) No 767/2008;

(c) have been refused a long-stay visa, as indicated in the application file in accordance with Article 22d of Regulation

(EC) No 767/2008, prior to being apprehended in connection with an irregular crossing of the external border;

(d) had their long-stay visa revoked, annulled or withdrawn, as indicated in the application file in accordance with Article 22e of Regulation (EC) No 767/2008;

(e) have been refused entry at an external border at which the EES is operated, as indicated in the entry exit record in accordance with Article 18 of Regulation (EU) 2017/2226, prior to being apprehended in connection with an irregular crossing of the external border;

(f) have been registered exiting at an external border at which the EES is operated, as indicated in the entry exit record in accordance with Article 16 or 17 of Regulation (EU) 2017/2226;

(g) have been refused a travel authorisation, as indicated in the application file in accordance with Article 39(3) of Regulation (EU) 2018/1240, prior to being apprehended in connection with an irregular crossing of the external border;

(h) have been granted a travel authorisation with limited territorial validity, as indicated in the application file in accordance with Article 44(6) of Regulation (EU) 2018/1240, prior to being apprehended in connection with an irregular crossing of the external border;

(i) had their travel authorisation revoked or annulled, as indicated in the application file in accordance with Article 43 of Regulation (EU) 2018/1240.

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2. The statistical data referred to in paragraph 1, points (a), (c) and (g), shall also be disaggregated by Member State and grounds for refusal contained in the application file of the VIS or ETIAS.

3. The statistical data referred to in paragraph 1, point (f), shall also be disaggregated by Member State and border crossing point contained in the entry exit record of the EES.

4. The statistical data referred to in paragraph 1, point (e), shall also be disaggregated by Member State, border crossing point and reasons for refusal contained in the entry exit record of the EES.

5. The statistical data referred to in paragraph 1, points (b) and (i), shall also be disaggregated by Member State and grounds for revocation or annulment contained in the application file of the VIS or ETIAS.

6. The statistical data referred to in paragraph 1, point (d), shall also be disaggregated by Member State and grounds for revocation, annulment or withdrawal contained in the application file of the VIS.

7. The statistical data referred to in paragraph 1, point (h), shall also be disaggregated by Member State contained in the application file of the ETIAS.

Article 4

1. eu-LISA shall draw up monthly statistics, disaggregated by Member State, age, sex and nationality, indicating the number of persons referred to in Article 23(1) of Regulation (EU) 2024/1358 who:

(a) have been granted a visa, as indicated in the application file in accordance with Article 10(1) of Regulation (EC) No 767/2008, prior to being found to be staying illegally in a Member State;

(b) have been refused a visa, as indicated in the application file in accordance with Article 12(1) of Regulation (EC) No 767/2008, prior to being found to be staying illegally in a Member State;

(c) had their visa revoked or annulled, as indicated in the application file in accordance with Article 13(1) of Regulation

(EC) No 767/2008;

(d) have been granted a long-stay visa, as indicated in the application file in accordance with Article 22c of Regulation

(EC) No 767/2008, prior to being found to be staying illegally in a Member State;