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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  3

CELEX:  32024R1358

System architecture and basic principles
1. Eurodac shall consist of:
(a) a Central System composed of:
(i) a Central Unit, (ii) a business continuity plan and system;
(b) a communication infrastructure between the Central System and Member States that provides a secure and encrypted communication channel for Eurodac data (the ‘Communication Infrastructure’);
(c) the CIR;
(d) a secure communication infrastructure between the Central System and the central infrastructures of the European search portal and between the Central System and the CIR.
2. The CIR shall contain the data referred to in Article 17(1), points (a) to (f), (h) and (i), Article 19(1), points (a) to (f), (h) and (i), Article 21(1), points (a) to (f), (h) and (i), Article 22(2), points (a) to (f), (h) and (i), Article 23(2), points (a) to (f), (h) and (i), Article 24, paragraph (2), points (a) to (f) and (h), and paragraph (3), point (a), and Article 26(2), points (a) to (f), (h) and (i). The remaining Eurodac data shall be stored in the Central System.
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  3

CELEX:  32024R1358

3. The Communication Infrastructure shall use the existing ‘Secure Trans European Services for Telematics between Administrations’ (TESTA) network. In order to ensure confidentiality, personal data transmitted to or from Eurodac shall be encrypted.
4. Each Member State shall have a single National Access Point. Europol shall have a single access point (the Europol Access Point).
5. Data relating to persons covered by Article 15(1), Article 18(2), Article 20(1), Article 22(1), Article 23(1), Article 24(1) and Article 26(1) which are processed in Eurodac shall be processed on behalf of the Member State of origin under the conditions set out in this Regulation and separated by appropriate technical means.
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  3

CELEX:  32024R1358

6. All datasets registered in Eurodac corresponding to the same third-country national or stateless person shall be linked in a sequence. Where an automatic comparison is carried out in accordance with Articles 27 and 28 and a hit is obtained against at least one other set of fingerprints or, where those fingerprints are of a quality which does not ensure appropriate comparison or are not available, facial image data in another dataset corresponding to that same third-country national or stateless person, Eurodac shall automatically link those datasets on the basis of the comparison. Where necessary, an expert shall check, in accordance with Article 38(4) and (5), the result of an automatic comparison carried out in accordance with Articles 27 and 28. When the receiving Member State confirms the hit, it shall send a notification confirming the linking of those datasets to eu-LISA.
7. The rules governing Eurodac shall also apply to operations carried out by the Member States as from the transmission of data to Eurodac until use is made of the results of the comparison.