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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  27

CELEX:  32024R1358

Comparison of biometric data
1. Biometric data transmitted by any Member State, with the exception of those transmitted in accordance with Article 16(2), points (a) and (c), and Articles 18 and 20, shall be compared automatically with the biometric data transmitted by other Member States and already stored in Eurodac in accordance with Article 15, Article 18(2), and Articles 20, 22, 23, 24 and 26.
2. Biometric data transmitted by any Member State in accordance with Article 18(1) shall be compared automatically with the biometric data transmitted by other Member States and already stored in Eurodac in accordance with Article 15 and marked in accordance with Article 31, and with Article 18(2) and Article 20.
3. Eurodac shall ensure, at the request of a Member State, that the comparison referred to in paragraph 1 covers the biometric data previously transmitted by that Member State, in addition to the biometric data from other Member States.
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  27

CELEX:  32024R1358

4. Eurodac shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 38(4). Where there is a hit, it shall transmit, for all datasets corresponding to the hit, the data referred to in Article 17(1) and (2), Article 19(1), Article 21(1), Article 22(2) and (3), Article 23(2) and (3), Article 24(2) and (3) and Article 26(2) along with, where appropriate, the mark referred to in Article 31(1) and (4). Where a negative result is received, the data referred to in Article 17(1) and (2), Article 19(1), Article 21(1), Article 22(2) and (3), Article 23(2) and (3), Article 24(2) and (3) and Article 26(2) shall not be transmitted.
5. Where a hit is received by a Member State from Eurodac that can assist that Member State in carrying out its obligations under Article 1(1), point (a), that hit shall take precedence over any other hit received.