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Eurodac Regulation:
Article 16 – Information on the status of the data subject

1. As soon as the Member State responsible has been determined in accordance with Regulation (EU) 2024/1351Asylum And Migration Management Regulation, the Member State that conducts the procedures for determining the Member State responsible shall update its dataset recorded in accordance with Article 17 of this Regulation regarding the person concerned by adding the Member State responsible.

Where a Member State becomes responsible because there are reasonable grounds to consider that the applicant poses a threat to internal security in accordance with Article 16(4) of Regulation (EU) 2024/1351Asylum And Migration Management Regulation, it shall update its dataset recorded in accordance with Article 17 of this Regulation regarding the person concerned by adding the Member State responsible.

2. The following information shall be sent to Eurodac in order to be stored in accordance with Article 29(1) for the purposes of transmission under Articles 27 and 28:

(a) when an applicant for international protection arrives in the Member State responsible following a transfer pursuant to a decision acceding to a take charge request as referred to in Article 40 of Regulation (EU) 2024/1351Asylum And Migration Management Regulation, the Member State responsible shall send a dataset recorded in accordance with Article 17 of this Regulation relating to the person concerned and shall include his or her date of arrival;

(b) when an applicant for international protection or another person as referred to in Article 36(1), point (b) or (c), of Regulation (EU) 2024/1351Asylum And Migration Management Regulation arrives in the Member State responsible following a transfer pursuant to a take back notification as referred to in Article 41 of that Regulation, the Member State responsible shall update its dataset recorded in accordance with Article 17 of this Regulation relating to the person concerned by adding his or her date of arrival;

(c) as soon as the Member State of origin establishes that the person concerned whose data were recorded in Eurodac in accordance with Article 17 of this Regulation has left the territory of the Member States, it shall update its dataset recorded in accordance with Article 17 of this Regulation relating to the person concerned by adding the date when that person left the territory, in order to facilitate the application of Article 37(4) of Regulation (EU) 2024/1351Asylum And Migration Management Regulation;

(d) as soon as the Member State of origin ensures that the person concerned whose data were recorded in Eurodac in accordance with Article 17 of this Regulation has left the territory of the Member States in compliance with a return decision or removal order issued following the withdrawal or rejection of the application for international protection as provided for in Article 37(5) of Regulation (EU) 2024/1351Asylum And Migration Management Regulation, it shall update its dataset recorded in accordance with Article 17 of this Regulation relating to the person concerned by adding the date of his or her removal or when he or she left the territory.

3. Where responsibility shifts to another Member State, pursuant to Articles 37(1) and Article 68(3) of Regulation (EU) 2024/1351Asylum And Migration Management Regulation, the Member State that establishes that responsibility has shifted, or the Member State of relocation, shall indicate the Member State responsible.

4. Where paragraph 1 or 3 of this Article or Article 31(6) apply, Eurodac shall, as soon as possible and no later than 72 hours after receiving the data concerned, inform all Member States of origin of the transmission of such data by another Member State of origin having produced a hit with data which they transmitted relating to persons as referred to in Article 15(1), Article 18(2), Article 20(1), Article 22(1), Article 23(1), Article 24(1) or Article 26(1). Those Member States of origin shall also update the Member State responsible in the datasets corresponding to persons as referred to in Article 15(1).


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Correlation table

Regulation (EU) No 603/2013This Regulation
—Article 16(1)
Article 10, introductory wording and points (a) to (d)Article 16(2), introductory wording and points (a) to (d)
Article 10, point (e)Article 16(3)
—Article 16(2) and (4)
Categories: Articles Key words: Member State Responsible, Relocation, Take Back Notification, Take Charge Request, Transfer

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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