Regulation (EU) 2024/1358 CHAPTER IX — Procedure for comparison of data for applicants for international protection, third-country nationals and stateless persons apprehended crossing the border irregularly or illegally staying in the territory of a Member State, third-country nationals and stateless persons registered for the purpose of conducting an admission procedure and admitted in accordance with a national resettlement scheme, third-country nationals and stateless persons disembarked following a search and rescue operation and beneficiaries of temporary protection
Article 27–Article 28 · 2 articles
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
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.
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.
1. Where the condition of the fingertips does not allow for the taking of fingerprints of a quality ensuring appropriate comparison under Article 38 or where no fingerprints are available for comparison, a Member State shall carry out a comparison of facial image data.
2. Facial image data and data relating to the sex of the data subject may be compared automatically with the facial image data and the data relating to the sex of the data subject 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, with the exception of those transmitted in accordance with Article 16(2), points (a) and (c), and Articles 18 and 20.
Eurodac shall ensure, at the request of a Member State, that the comparison referred to in paragraph 1 covers the facial image data previously transmitted by that Member State, in addition to the facial image data from other Member States.
3. Facial image data and data relating to the sex of the data subject transmitted by any Member State in accordance with Article 18(1) may be compared automatically with the facial image data and the data relating to the sex of the data subject 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.
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(5). 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.
