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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  26

CELEX:  32024R1358

2. The Member State concerned shall, as soon as possible and no later than 10 days after the registration as a beneficiary of temporary protection, 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 registration as beneficiary of temporary protection;
(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;
(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;
(o) where relevant, the fact that the person previously registered as a beneficiary of temporary protection falls under one of the exclusion grounds set out in Article 28 of Directive 2001/55/EC;
(p) the reference of the relevant Council Implementing Decision.
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  26

CELEX:  32024R1358

3. Non-compliance with the 10-day 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 the beneficiary of temporary protection 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.
4. By way of derogation from paragraph 1, where it is not possible to take the biometric data of the beneficiary of temporary protection 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 10-day 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  26

CELEX:  32024R1358

5. Where requested by the Member State concerned, the biometric data 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.
6. 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).
7. 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.