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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 13 CELEX: 32024R1358 Obligation to take biometric data
1. Member States shall take the biometric data of persons referred to in Article 15(1), Article 18(1) and (2), Article 20(1), Article 22(1), Article 23(1), Article 24(1) and Article 26(1) for the purposes of Article 1(1), points (a), (b), (c) and (j), and shall require those persons to provide their biometric data and inform them in accordance with Article 42. 2. Member States shall respect the dignity and physical integrity of the person during the fingerprinting procedure and when capturing his or her facial image. 3. Administrative measures for the purpose of ensuring compliance with the obligation to provide biometric data set out in paragraph 1 shall be laid down in national law. Those measures shall be effective, proportionate and dissuasive and may include the possibility to use means of coercion as a last resort. 4. Where all of the measures laid down in national law as referred to in paragraph 3 fail to ensure compliance by an applicant with the obligation to provide biometric data, the relevant provisions of Union law on asylum concerning non-compliance with that obligation shall apply. |
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 13 CELEX: 32024R1358 5. Without prejudice to paragraphs 3 and 4, where it is impossible to take the biometric data of a third-country national or stateless person who is deemed to be a vulnerable person due to the condition of that person’s fingertips or face, and where that person did not intentionally bring about the condition, the authorities of the Member State concerned shall not employ administrative measures for ensuring compliance with the obligation to provide biometric data. 6. The procedure for taking biometric data shall be determined and applied in accordance with the national practice of the Member State concerned and in accordance with the safeguards laid down in the Charter and in the European Convention for the Protection of Human Rights and Fundamental Freedoms. |