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Regulation (EU) 2024/1358 SECTION 1 — Persons registered for the purpose of conducting an admission Procedure under the union resettlement and humanitarian admission framework

Article 18–Article 19 · 2 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Collection and transmission of biometric data

Article 18

1.   Each Member State shall take and transmit to Eurodac the biometric data of every person of at least six years of age registered for the purpose of conducting an admission procedure under the Union Resettlement and Humanitarian Admission Framework as soon as possible following the registration referred to in Article 9(3) of Regulation (EU) 2024/1356, and at the latest before reaching the conclusion on admission referred to in Article 9(9) of that Regulation. That obligation shall not apply if a Member State can reach that conclusion without a comparison of biometric data, where such a conclusion is negative. 2.   Each Member State shall take the biometric data of every person of at least six years of age registered for the purpose of conducting an admission procedure under the Union Resettlement and Humanitarian Admission Framework and: (a) to whom that Member State grants international protection or humanitarian status under national law in accordance with Regulation (EU) 2024/1350; (b) who that Member State refuses to admit on one of the grounds referred to in Article 6(1), point (f) of that Regulation; or (c) for whom that Member State discontinues the admission procedure due to the fact that that person does not give or withdraws his or her consent in accordance with Article 7 of that Regulation. Member States shall transmit the biometric data of those persons referred to in the first subparagraph together with the data referred to in Article 19(1), points (c) to (q), of this Regulation to Eurodac as soon as possible and no later than 72 hours after the decision to grant international protection or humanitarian status under national law, to refuse admission or to discontinue the admission procedure. 3.   Non-compliance with the time limits set out in paragraphs 1 and 2 of this Article shall not relieve Member States of the obligation to take biometric data and transmit them to Eurodac. Where the condition of the fingertips does not allow the taking of the fingerprints of a quality ensuring appropriate comparison under Article 38, the Member State of origin shall retake the fingerprints and retransmit them as soon as possible after they have been successfully retaken. Where it is not possible to take biometric data on account of measures taken to ensure the person’s health or the protection of public health, Member States shall take and transmit such biometric data as soon as possible after those health grounds no longer prevail. 4.   Where requested by the Member State concerned, the biometric data may, for the purposes of Regulation (EU) 2024/1350, be taken and transmitted to the requesting Member State by another Member State, the European Union Agency for Asylum or a relevant international organisation. 5.   The European Union Agency for Asylum and international organisations as referred to in paragraph 4 shall not have access to Eurodac for the purposes of this Article.

Recording of data

Article 19

1.   Only the following data shall be recorded in Eurodac in accordance with Article 3(2) of this Regulation: (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 the registration in accordance with Article 9(3) of Regulation (EU) 2024/1350; (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, and where unavailable, another document which facilitates the identification of the third-country national or stateless person along with an indication of its authenticity; (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 applicable, the date of the decision to grant international protection or humanitarian status under national law in accordance with Article 9(14) of Regulation (EU) 2024/1350; (p) where applicable, the date of the refusal of admission in accordance with Regulation (EU) 2024/1350 and the grounds on which admission was refused; (q) where applicable, the date of the discontinuation of the admission procedure as referred to in Regulation (EU) 2024/1350. 2.   Where all the data referred to in paragraph 1, points (a) to (f) and (h), of this Article relating to a person as referred to in Article 18(2) 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.

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