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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 15 CELEX: 32024R1358 1. Each Member State shall take, in accordance with Article 13(2), the biometric data of every applicant for international protection of at least six years of age: (a) upon the registration of the application for international protection referred to in Article 27 of Regulation (EU) 2024/1348 and transmit them, as soon as possible and no later than 72 hours from that registration, together with the other data referred to in Article 17(1) of this Regulation, to Eurodac in accordance with Article 3(2) of this Regulation; or (b) upon the making of the application for international protection, where the application is made at external border crossing points or in transit zones by a person who does not fulfil the entry conditions set out in Article 6 of Regulation (EU) 2016/399, and transmit them, as soon as possible and no later than 72 hours after the biometric data have been taken, together with the data referred to in Article 17(1) of this Regulation, to Eurodac in accordance with Article 3(2) of this Regulation. Non-compliance with the 72-hour time limit referred to in the first subparagraph, points (a) and (b), of this paragraph shall not relieve Member States of the obligation to take the biometric data and transmit them to Eurodac. Where the condition of the fingertips does not allow the taking of fingerprints of a quality ensuring appropriate comparison under Article 38, the Member State of origin shall retake the fingerprints of the applicant and retransmit them as soon as possible and no later than 48 hours after they have been successfully retaken. |
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 15 CELEX: 32024R1358 2. By way of derogation from paragraph 1, where it is not possible to take the biometric data of an applicant for international protection on account of measures taken to ensure his or her health or the protection of public health, Member States shall take and transmit such biometric data as soon as possible and no later than 48 hours after those health grounds no longer prevail. In the event of serious technical problems, Member States may extend the 72-hour time limits referred to in paragraph 1, the first subparagraph, points (a) and (b), by a maximum of a further 48 hours in order to carry out their national continuity plans. 3. Where requested by the Member State concerned, the biometric data, alphanumeric data and, where available, a scanned colour copy of an identity or travel document may also be taken and transmitted on behalf of that Member State by members of the European Border and Coast Guard Teams or experts of the asylum support teams specifically trained for that purpose, when exercising powers and performing their tasks in accordance with Regulations (EU) 2019/1896 and (EU) 2021/2303. |
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 15 CELEX: 32024R1358 4. Each dataset collected and transmitted in accordance with this Article shall be linked with other datasets corresponding to the same third-country national or stateless person in a sequence as set out in Article 3(6). |