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1. Each Member State shall promptly take, in accordance with Article 13(2), the biometric data of every third-country national or stateless person of at least six years of age who is apprehended by the competent control authorities in connection with the irregular crossing by land, sea or air of the border of that Member State, who comes from a third country, who is not turned back, or who remains physically on the territory of the Member States, and who is not kept in custody, confinement or detention during the entirety of the period between apprehension and removal on the basis of the decision to turn him or her back.

2. The Member State concerned shall, as soon as possible and no later than 72 hours after the date of apprehension, transmit to Eurodac in accordance with Article 3(2) the following data in relation to any third-country national or stateless person referred to in paragraph 1 who is not turned back:

(a) fingerprint data;

(b) a facial image;

(c) surname(s) and forename(s), name(s) at birth and previously used names and any aliases, which may be entered separately;

(d) nationality(ies);

(e) date of birth;

(f) place of birth;

(g) Member State of origin, place and date of the apprehension;

(h) sex;

(i) where available, the type and number of identity or travel document, the three letter code of the issuing country and the expiry date of that document;

(j) where available, a scanned colour copy of an identity or travel document along with an indication of its authenticity or, where unavailable, another document which facilitates the identification of the third-country national or stateless person along with an indication of its authenticity;

(k) the reference number used by the Member State of origin;

(l) the date on which the biometric data were taken;

(m) the date on which the data were transmitted to Eurodac;

(n) operator user ID.

3. Additionally, where applicable and available, the following data shall be promptly transmitted to Eurodac in accordance with Article 3(2):

(a) in accordance with paragraph 7 of this Article, the date when the person concerned left or was removed from the territory of the Member States;

(b) the Member State of relocation in accordance with Article 25(1);

(c) the fact that AVRR has been granted, (d) the fact that the person could pose a threat to internal security, following the screening referred to in Regulation (EU) 2024/1356, if any of the following circumstances apply:

(i) the person concerned is armed;

(ii) the person concerned is violent;

(iii) there are indications that the person concerned is involved in any of the offences referred to in Directive (EU) 2017/541;

(iv) there are indications that the person concerned is involved in any of the offences referred to in Article 2(2) of Framework Decision 2002/584/JHA.

4. By way of derogation from paragraph 2, the data referred to in paragraph 2 relating to persons apprehended, as referred to in paragraph 1, who remain physically on the territory of the Member States but are kept in custody, confinement or detention upon their apprehension for a period exceeding 72 hours shall be transmitted before their release from custody, confinement or detention.

5. Non-compliance with the 72-hour time limit referred to in paragraph 2 of this Article 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 persons apprehended as described in paragraph 1 of this Article and retransmit them as soon as possible and no later than 48 hours after they have been successfully retaken.

6. By way of derogation from paragraph 1, where it is not possible to take the biometric data of the apprehended person on account of measures taken to ensure his or her health or the protection of public health, the Member State concerned 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 limit referred to in paragraph 2 by a maximum of a further 48 hours in order to carry out their national continuity plans.

7. As soon as the Member State of origin ensures that the person concerned whose data were recorded in Eurodac in accordance with paragraph 1 has left the territory of the Member States in compliance with a return decision or removal order, it shall update its dataset recorded relating to the person concerned by adding the date of his or her removal or when he or she left the territory.

8. 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.

9. 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).

10. Where all the data referred to in paragraph 2, points (a) to (f) and (h), of this Article relating to a person as referred to in paragraph 1 of this Article are recorded in Eurodac, they shall be considered to be a dataset transmitted to Eurodac for the purposes of Article 27(1), point (aa), of Regulation (EU) 2019/818.