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Eurodac Regulation:
Article 13 – Obligation to take biometric data

1. Member States shall take the biometric data of persons referred to in Article 15(1), Article 18(1) and (2), Article 20(1), Article 22(1), Article 23(1), Article 24(1) and Article 26(1) for the purposes of Article 1(1), points (a), (b), (c) and (j), and shall require those persons to provide their biometric data and inform them in accordance with Article 42.

2. Member States shall respect the dignity and physical integrity of the person during the fingerprinting procedure and when capturing his or her facial image.

3. Administrative measures for the purpose of ensuring compliance with the obligation to provide biometric data set out in paragraph 1 shall be laid down in national law. Those measures shall be effective, proportionate and dissuasive and may include the possibility to use means of coercion as a last resort.

4. Where all of the measures laid down in national law as referred to in paragraph 3 fail to ensure compliance by an applicant with the obligation to provide biometric data, the relevant provisions of Union law on asylum concerning non-compliance with that obligation shall apply.

5. Without prejudice to paragraphs 3 and 4, where it is impossible to take the biometric data of a third-country national or stateless person who is deemed to be a vulnerable person due to the condition of that person’s fingertips or face, and where that person did not intentionally bring about the condition, the authorities of the Member State concerned shall not employ administrative measures for ensuring compliance with the obligation to provide biometric data.

6. The procedure for taking biometric data shall be determined and applied in accordance with the national practice of the Member State concerned and in accordance with the safeguards laid down in “>the CharterThe Charter of Fundamental Rights of the European Union and in the European Convention for the Protection of Human Rights and Fundamental Freedoms.


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Correlation table

Regulation (EU) No 603/2013This Regulation
—Article 13
Article 3(5)Article 13(6)
Categories: Articles Key words: Biometric data, Identification

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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