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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

article  57

CELEX:  32024R1358

Reports, monitoring and evaluation
1. eu-LISA shall submit to the European Parliament, to the Council, to the Commission and to the European Data Protection Supervisor an annual report on the activities of Eurodac, including on its technical functioning and security. The annual report shall include information on the management and performance of Eurodac against pre-defined quantitative indicators for the objectives relating to output, cost-effectiveness and quality of service.
2. eu-LISA shall ensure that procedures are in place to monitor the functioning of Eurodac against the objectives referred to in paragraph 1.
3. For the purposes of technical maintenance, reporting and statistics, eu-LISA shall have access to the necessary information relating to the processing operations performed in Eurodac.
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

article  57

CELEX:  32024R1358

4. By 12 June 2027, eu-LISA shall conduct a study on the technical feasibility of adding facial recognition software to Eurodac for the purpose of comparing facial images, including of minors. The study shall evaluate the reliability and accuracy of the results produced from facial recognition software for the purposes of Eurodac and shall make any necessary recommendations prior to the introduction of the facial recognition technology to Eurodac.
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

article  57

CELEX:  32024R1358

5. By 12 June 2029 and every four years thereafter, the Commission shall produce an overall evaluation of Eurodac, examining the results achieved against objectives and the impact on fundamental rights, in particular data protection and privacy rights including whether the access for law enforcement purposes has led to indirect discrimination against persons covered by this Regulation, and assessing the continuing validity of the underlying rationale including the use of facial recognition software, and any implications for future operations, and shall make any necessary recommendations. That evaluation shall also include an assessment of the synergies between this Regulation and Regulation (EU) 2018/1862. The Commission shall transmit the evaluation to the European Parliament and to the Council.
6. Member States shall provide eu-LISA and the Commission with the information necessary to draft the annual report referred to in paragraph 1.
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

article  57

CELEX:  32024R1358

8. While respecting the provisions of national law on the publication of sensitive information, each Member State and Europol shall prepare reports every two years on the effectiveness of the comparison of biometric data with Eurodac data for law enforcement purposes, containing information and statistics on:
(a) the exact purpose of the comparison, including the type of terrorist offence or other serious criminal offence;
(b) grounds given for substantiated suspicion;
(c) the reasonable grounds given in accordance with Article 33(1), point (a), of this Regulation for not conducting comparisons with other Member States under Decision 2008/615/JHA;
(d) the number of requests for comparison;
(e) the number and type of cases which have ended in successful identifications; and (f) the need and use made of the exceptional case of urgency, including those cases where that urgency was not accepted by the ex post verification carried out by the verifying authority. The reports by Member States and Europol referred to in the first subparagraph shall be transmitted to the Commission by 30 June of the subsequent year.