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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  37

CELEX:  32024R1358

Transmission
1. Biometric data and other personal data shall be digitally processed and transmitted in the data format as set out in the agreed Interface Control Document. As far as necessary for the efficient operation of Eurodac, eu-LISA shall establish the technical requirements concerning the data format to be used for the transmission of data by Member States to Eurodac and vice versa. eu-LISA shall ensure that the biometric data transmitted by the Member States can be compared by the computerised fingerprint and facial recognition system.
2. Member States shall transmit 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) electronically. 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 be automatically recorded in Eurodac. As far as necessary for the efficient operation of Eurodac, eu-LISA shall establish the technical requirements to ensure that data can be properly electronically transmitted from the Member States to Eurodac and vice versa.
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  37

CELEX:  32024R1358

3. Member States shall ensure that the reference number referred to in Article 17(1), point (k), Article 19(1), point (k), Article 21(1), point (k), Article 22(2), point (k), Article 23(2), point (k), Article 24(2), point (k), Article 26(2), point (k), and Article 32(1) makes it possible to relate data unambiguously to a particular person and to the Member State which is transmitting the data and also makes it possible to indicate whether such data relate to a person as referred to in Article 15(1), Article 18(2), Article 20(1), Article 22(1), Article 23(1), Article 24(1) or Article 26(1).
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  37

CELEX:  32024R1358

4. The reference number referred to in paragraph 3 of this Article shall begin with the identification letter or letters by which the Member State transmitting the data is identified. The identification letter or letters shall be followed by the identification of the category of person or request. ‘1’ refers to persons as referred to in Article 15(1), ‘2’ to persons as referred to in Article 22(1), ‘3’ to persons as referred to in Article 23(1), ‘4’ to requests as referred to in Article 33, ‘5’ to requests as referred to in Article 34, ‘6’ to requests as referred to in Article 43, ‘7’ to requests as referred to in Article 18, ‘8’ to persons as referred to in Article 20, ‘9’ to persons as referred to in Article 24(1) and ‘0’ to persons as referred to in Article 26(1).
5. eu-LISA shall establish the technical procedures necessary for Member States to ensure receipt of unambiguous data by Eurodac.
6. Eurodac shall confirm receipt of the transmitted data as soon as possible. To that end, eu-LISA shall establish the necessary technical requirements to ensure that Member States receive the confirmation receipt if requested.