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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  18

CELEX:  32024R1358

3. Non-compliance with the time limits set out in paragraphs 1 and 2 of this Article shall not relieve Member States of the obligation to take biometric data and transmit them to Eurodac. Where the condition of the fingertips does not allow the taking of the fingerprints of a quality ensuring appropriate comparison under Article 38, the Member State of origin shall retake the fingerprints and retransmit them as soon as possible after they have been successfully retaken. Where it is not possible to take biometric data on account of measures taken to ensure the person’s health or the protection of public health, Member States shall take and transmit such biometric data as soon as possible after those health grounds no longer prevail.
4. Where requested by the Member State concerned, the biometric data may, for the purposes of Regulation (EU) 2024/1350, be taken and transmitted to the requesting Member State by another Member State, the European Union Agency for Asylum or a relevant international organisation.
5. The European Union Agency for Asylum and international organisations as referred to in paragraph 4 shall not have access to Eurodac for the purposes of this Article.
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  18

CELEX:  32024R1358

Collection and transmission of biometric data
1. Each Member State shall take and transmit to Eurodac the biometric data of every person of at least six years of age registered for the purpose of conducting an admission procedure under the Union Resettlement and Humanitarian Admission Framework as soon as possible following the registration referred to in Article 9(3) of Regulation (EU) 2024/1356, and at the latest before reaching the conclusion on admission referred to in Article 9(9) of that Regulation. That obligation shall not apply if a Member State can reach that conclusion without a comparison of biometric data, where such a conclusion is negative.
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  18

CELEX:  32024R1358

2. Each Member State shall take the biometric data of every person of at least six years of age registered for the purpose of conducting an admission procedure under the Union Resettlement and Humanitarian Admission Framework and:
(a) to whom that Member State grants international protection or humanitarian status under national law in accordance with Regulation (EU) 2024/1350;
(b) who that Member State refuses to admit on one of the grounds referred to in Article 6(1), point (f) of that Regulation; or (c) for whom that Member State discontinues the admission procedure due to the fact that that person does not give or withdraws his or her consent in accordance with Article 7 of that Regulation. Member States shall transmit the biometric data of those persons referred to in the first subparagraph together with the data referred to in Article 19(1), points (c) to (q), of this Regulation to Eurodac as soon as possible and no later than 72 hours after the decision to grant international protection or humanitarian status under national law, to refuse admission or to discontinue the admission procedure.