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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  16

CELEX:  32024R1358

Information on the status of the data subject
1. As soon as the Member State responsible has been determined in accordance with Regulation (EU) 2024/1351, the Member State that conducts the procedures for determining the Member State responsible shall update its dataset recorded in accordance with Article 17 of this Regulation regarding the person concerned by adding the Member State responsible. Where a Member State becomes responsible because there are reasonable grounds to consider that the applicant poses a threat to internal security in accordance with Article 16(4) of Regulation (EU) 2024/1351, it shall update its dataset recorded in accordance with Article 17 of this Regulation regarding the person concerned by adding the Member State responsible.
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  16

CELEX:  32024R1358

2. The following information shall be sent to Eurodac in order to be stored in accordance with Article 29(1) for the purposes of transmission under Articles 27 and 28:
(a) when an applicant for international protection arrives in the Member State responsible following a transfer pursuant to a decision acceding to a take charge request as referred to in Article 40 of Regulation (EU) 2024/1351, the Member State responsible shall send a dataset recorded in accordance with Article 17 of this Regulation relating to the person concerned and shall include his or her date of arrival;
(b) when an applicant for international protection or another person as referred to in Article 36(1), point (b) or (c), of Regulation (EU) 2024/1351 arrives in the Member State responsible following a transfer pursuant to a take back notification as referred to in Article 41 of that Regulation, the Member State responsible shall update its dataset recorded in accordance with Article 17 of this Regulation relating to the person concerned by adding his or her date of arrival;
(c) as soon as the Member State of origin establishes that the person concerned whose data were recorded in Eurodac in accordance with Article 17 of this Regulation has left the territory of the Member States, it shall update its dataset recorded in accordance with Article 17 of this Regulation relating to the person concerned by adding the date when that person left the territory, in order to facilitate the application of Article 37(4) of Regulation (EU) 2024/1351;
(d) as soon as the Member State of origin ensures that the person concerned whose data were recorded in Eurodac in accordance with Article 17 of this Regulation has left the territory of the Member States in compliance with a return decision or removal order issued following the withdrawal or rejection of the application for international protection as provided for in Article 37(5) of Regulation (EU) 2024/1351, it shall update its dataset recorded in accordance with Article 17 of this Regulation relating to the person concerned by adding the date of his or her removal or when he or she left the territory.
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  16

CELEX:  32024R1358

3. Where responsibility shifts to another Member State, pursuant to Articles 37(1) and Article 68(3) of Regulation (EU) 2024/1351, the Member State that establishes that responsibility has shifted, or the Member State of relocation, shall indicate the Member State responsible.
4. Where paragraph 1 or 3 of this Article or Article 31(6) apply, Eurodac shall, as soon as possible and no later than 72 hours after receiving the data concerned, inform all Member States of origin of the transmission of such data by another Member State of origin having produced a hit with data which they transmitted relating to persons as referred to in Article 15(1), Article 18(2), Article 20(1), Article 22(1), Article 23(1), Article 24(1) or Article 26(1). Those Member States of origin shall also update the Member State responsible in the datasets corresponding to persons as referred to in Article 15(1).