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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  23

CELEX:  32024R1358

2. The Member State concerned shall, as soon as possible and no later than 72 hours after the third-country national or the stateless person has been found to be illegally staying, 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:
(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.
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  23

CELEX:  32024R1358

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 6 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) where applicable, in the cases referred to in Article 25(2), the date of arrival of the person concerned after a successful transfer;
(d) the fact that AVRR has been granted;
(e) the fact that the person could pose a threat to internal security, following the screening referred to in Regulation (EU) 2024/1356 or following a security check carried out at the moment of taking the biometric data as provided for in paragraph 1 of this Article, 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.
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  23

CELEX:  32024R1358

4. 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.
5. 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.
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  23

CELEX:  32024R1358

6. 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.
7. 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).
8. 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.