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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 2 CELEX: 32024R1358 1. For the purposes of this Regulation: (a) ‘applicant for international protection’ means a third-country national or a stateless person who has made an application for international protection as defined in Article 3, point (7), of Regulation (EU) 2024/1347 in respect of which a final decision has not yet been taken; (b) ‘person registered for the purpose of conducting an admission procedure’ means a person who has been registered for the purpose of conducting a resettlement or humanitarian admission procedure in accordance with Article 9(3) of Regulation (EU) 2024/1350; (c) ‘person admitted in accordance with a national resettlement scheme’ means a person resettled by a Member State outside the framework of Regulation (EU) 2024/1350, where that person is granted international protection as defined in Article 3, point (3), of Regulation (EU) 2024/1347 or humanitarian status under national law within the meaning of Article 2(3), point (c), of Regulation (EU) 2024/1350 in accordance with the rules governing the national resettlement scheme; (d) ‘humanitarian status under national law’ means a humanitarian status under national law that provides for rights and obligations equivalent to the rights and obligations set out in Articles 20 to 26 and 28 to 35 of Regulation (EU) 2024/1347; (e) ‘Member State of origin’ means: (i) in relation to a person covered by Article 15(1), the Member State which transmits the personal data to Eurodac and receives the results of the comparison; (ii) in relation to a person covered by Article 18(1), the Member State which transmits the personal data to Eurodac and receives the results of the comparison; (iii) in relation to a person covered by Article 18(2), the Member State which transmits the personal data to Eurodac; (iv) in relation to a person covered by Article 20(1), the Member State which transmits the personal data to Eurodac; (v) in relation to a person covered by Article 22(1), the Member State which transmits the personal data to Eurodac and receives the results of the comparison; (vi) in relation to a person covered by Article 23(1), the Member State which transmits the personal data to Eurodac and receives the results of the comparison; (vii) in relation to a person covered by Article 24(1), the Member State which transmits the personal data to Eurodac and receives the results of the comparison; (viii) in relation to a person covered by Article 26(1), the Member State which transmits the personal data to Eurodac and receives the results of the comparison; (f) ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) TFEU and who is not a national of a state which participates in the application of this Regulation by virtue of an agreement with the Union; (g) ‘illegal stay’ means the presence on the territory of a Member State of a third-country national or a stateless person who does not fulfil or no longer fulfils the conditions of entry set out in Article 6 of Regulation (EU) 2016/399 of the European Parliament and of the Council or other conditions for entry, stay or residence in that Member State; (h) ‘beneficiary of international protection’ means a person who has been granted refugee status as defined in Article 3, point (1), of Regulation (EU) 2024/1347 or subsidiary protection status as defined in Article 3, point (2), of that Regulation; (i) ‘beneficiary of temporary protection’ means a person who enjoys temporary protection as defined in Article 2, point (a), of Directive 2001/55/EC and in a Council Implementing Decision introducing temporary protection or any other equivalent national protection introduced in response to the same event as that Council Implementing Decision; (j) ‘hit’ means the existence of a match or matches established by Eurodac by means of a comparison between biometric data recorded in the computerised central database and those transmitted by a Member State with regard to a person, without prejudice to the requirement that Member States immediately check the results of the comparison pursuant to Article 38(4); (k) ‘National Access Point’ means the designated national system which communicates with Eurodac; (l) ‘Europol Access Point’ means the designated Europol system which communicates with Eurodac; (m) ‘Eurodac data’ means all data stored in Eurodac in accordance with 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); (n) ‘law enforcement’ means the prevention, detection or investigation of terrorist offences or of other serious criminal offences; (o) ‘terrorist offence’ means an offence under national law which corresponds or is equivalent to one of the offences referred to in Directive (EU) 2017/541; (p) ‘serious criminal offence’ means an offence which corresponds or is equivalent to those referred to in Article 2(2) of Framework Decision 2002/584/JHA, if it is punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years; (q) ‘fingerprint data’ means the data relating to plain and rolled impressions of the fingerprints of all ten fingers, where present, or a latent fingerprint; (r) ‘facial image data’ means digital images of the face with sufficient image resolution and quality to be used in automatic biometric matching; (s) ‘biometric data’ means fingerprint data or facial image data; (t) ‘alphanumeric data’ means data represented by letters, digits, special characters, space or punctuation marks; (u) ‘residence document’ means any authorisation issued by the authorities of a Member State authorising a third-country national or a stateless person to stay on its territory, including the documents substantiating the authorisation to remain on the territory under temporary protection arrangements or until the circumstances preventing a removal order from being carried out no longer apply, with the exception of visas and residence authorisations issued during the period required to determine the Member State responsible as established in Regulation (EU) 2024/1351 or during the examination of an application for international protection or an application for a residence permit; (v) ‘interface control document’ means a technical document that specifies the necessary requirements with which the National Access Points or the Europol Access Point are to comply in order to be able to communicate electronically with Eurodac, in particular by detailing the format and possible content of the information to be exchanged between Eurodac and the National Access Points or the Europol Access Point; (w) ‘CIR’ means the common identity repository as established by Article 17(1) and (2) of Regulation (EU) 2019/818; (x) ‘identity data’ means the data referred to in Article 17(1), points (c) to (f) and (h), Article 19(1), points (c) to (f) and (h), Article 21(1), points (c) to (f) and (h), Article 22(2), points (c) to (f) and (h), Article 23(2), points (c) to (f) and (h), Article 24(2), points (c) to (f) and (h), and Article 26(2), points (c) to (f) and (h); (y) ‘dataset’ means the set of information recorded in Eurodac on the basis of Article 17, 19, 21, 22, 23, 24 or 26, corresponding to one set of fingerprints of a data subject and composed of biometric data, alphanumeric data and, where available, a scanned colour copy of an identity or travel document; (z) ‘child’ or ‘minor’ means a third-country national or a stateless person below the age of 18 years. |
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 2 CELEX: 32024R1358 2. The definitions set out in Article 4 of Regulation (EU) 2016/679 shall apply to this Regulation in so far as personal data are processed by the authorities of the Member States for the purposes laid down in Article 1(1), points (a), (b), (c) and (j) of this Regulation. 3. Unless stated otherwise, the definitions set out in Article 2 of Regulation (EU) 2024/1351 shall apply to this Regulation. 4. The definitions set out in Article 3 of Directive (EU) 2016/680 shall apply to this Regulation in so far as personal data are processed by the competent authorities of the Member States for law enforcement purposes. |