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Eurodac Regulation:
Article 31 – Marking of data

1. For the purposes laid down in Article 1(1), point (a), the Member State of origin which granted international protection to a person whose data were previously recorded in Eurodac pursuant to Article 17 shall mark the relevant data in accordance with the requirements for electronic communication with Eurodac established by eu-LISAEuropean Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice. That mark shall be stored in Eurodac in accordance with Article 29(1) for the purposes of transmission under Articles 27 and 28. Eurodac shall, as soon as possible and no later than 72 hours after the marking of the data, inform all Member States of origin of the marking of data by another Member State of origin having produced a hit with data which they transmitted relating to persons 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 mark the corresponding datasets.

2. The data of beneficiaries of international protection stored in Eurodac in accordance with Article 3(2) and marked pursuant to paragraph 1 of this Article shall be made available for comparison for law enforcement purposes until such data are automatically erased from Eurodac in accordance with Article 29(10).

3. The Member State of origin shall unmark data concerning a third-country national or stateless person whose data were previously marked in accordance with paragraph 1 of this Article if his or her status is withdrawn under Article 14 or 19 of Regulation (EU) 2024/1347 Qualification Regulation.

4. For the purposes laid down in Article 1(1), points (a) and (c), the Member State of origin which issued a residence document to an illegally staying third-country national or stateless person whose data were previously recorded in Eurodac, as appropriate, pursuant to Article 22(2) or Article 23(2), or to a third-country national or stateless person disembarked following a search and rescue operation whose data were previously recorded in Eurodac pursuant to Article 24(2), shall mark the relevant data in accordance with the requirements for electronic communication with Eurodac established by eu-LISAEuropean Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice. That mark shall be stored in Eurodac in accordance with Article 29(6), (7) and (8) for the purposes of transmission under Articles 27 and 28. Eurodac shall, as soon as possible and no later than 72 hours after the marking of data, inform all Member States of origin of the marking of data by another Member State of origin having produced a hit with data which they transmitted relating to persons 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 mark the corresponding datasets.

5. The data of illegally staying third-country nationals or stateless persons stored in Eurodac and marked pursuant to paragraph 4 of this Article shall be made available for comparison for law enforcement purposes until such data are automatically erased from Eurodac in accordance with Article 29(10).

6. For the purposes of Article 68(4) of Regulation (EU) 2024/1351Asylum And Migration Management Regulation, the Member State of relocation shall, following the registration of the data pursuant to Article 25(2) of this Regulation, register itself as the Member State responsible and mark those data with the marking introduced by the Member State that granted protection.


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Correlation table

Regulation (EU) No 603/2013This Regulation
Article 18(1)Article 31(1)
Article 18(2)Article 31(2)
Article 18(3)Article 31(3)
—Article 31(4), (5) and (6)
Categories: Articles Key words: Biometric data, Hit, Member State of origin, Member State Responsible, Refugee status, Relocation, Subsidiary protection status

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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