Article 1, Point (11) · Regulation (EU) 2021/1134

Contents

(11)the following articles are inserted:“Article 9aQueries of other information systems and databases1.The application files shall be processed automatically by the VIS to identify hits in accordance with this Article. The VIS shall examine each application file individually.2.When an application file is created, the VIS shall check whether the travel document related to that application is recognised in accordance with Decision No 1105/2011/EU, by performing an automatic search against the list of recognised travel documents referred to in Article 5a of this Regulation, and shall return a result. If the search shows that the travel document is not recognised by one or more Member States, Article 25(3) of Regulation (EC) No 810/2009 shall apply where a visa is issued.3.For the purposes of the verifications provided for in Article 21(1), points (a), (c) and (d) of Article 21(3) and Article 21(4) of Regulation (EC) No 810/2009 and for the purposes of the objective referred to in point (k) of Article 2(1) of this Regulation, the VIS shall launch a query by using the ESP to compare the relevant data referred to in points (4), (5) and (6) of Article 9 of this Regulation with the data present in a record, file or alert registered in:

(a)the SIS;

(a)as regards the SIS, whether:

(i)the travel document used for the application corresponds to a travel document which has been lost, stolen, misappropriated or invalidated;

(ii)the applicant is subject to an alert for refusal of entry and stay;

(iii)the applicant is subject to an alert on return;

(iv)the applicant is subject to an alert on persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant, or wanted for arrest for extradition purposes;

(v)the applicant is subject to an alert on missing persons or vulnerable persons who need to be prevented from travelling;

(vi)the applicant is subject to an alert on persons sought to assist with a judicial procedure;

(vii)the applicant or the travel document is subject to an alert on persons or objects for discreet checks, inquiry checks or specific checks;

(a)whether the applicant is currently reported as an overstayer or whether he or she has been reported as an overstayer in the past as a result of a consultation of the EES;

(a)where the return decision is accompanied by an entry ban, immediately inform the issuing Member State through the exchange of supplementary information, in order that the issuing Member State immediately delete the alert on return and enter an alert for refusal of entry and stay pursuant to point (b) of Article 24(1) of Regulation (EU) 2018/1861;

(a)statistics generated by the EES indicating abnormal rates of overstaying and refusals of entry for a specific group of visa holders;

(a)age range, sex, nationality;

(b)the EES;

(b)as regards the EES, whether:

(i)the applicant is currently reported as an overstayer or the applicant has been reported as an overstayer in the past in the EES;

(ii)the applicant is recorded as having been refused entry in the EES;

(iii)the intended stay of the applicant will exceed the maximum duration of authorised stay in the territory of the Member States, irrespective of possible stays authorised under a national long-stay visa or a residence permit;

(b)whether the applicant corresponds to a person whose data is recorded in Eurodac.

(b)where the return decision is not accompanied by an entry ban, immediately inform the issuing Member State through the exchange of supplementary information, in order that the issuing Member State delete the alert on return without delay.

(b)statistics generated by the VIS in accordance with Article 45a indicating abnormal rates of refusals of visa applications due to a security, illegal immigration or high epidemic risk associated with a specific group of visa holders;

(b)country and city of residence;

(c)the European Travel Information and Authorisation System (ETIAS), including the ETIAS watchlist referred to in Article 34 of Regulation (EU) 2018/1240 (the ETIAS watchlist);

(c)as regards the ETIAS, whether:

(i)the applicant is a person for whom an issued, refused, annulled or revoked travel authorisation is recorded in the ETIAS or the applicant’s travel document corresponds to such issued, refused, annulled or revoked travel authorisation;

(ii)the data provided as part of the application correspond to data present in the ETIAS watchlist;

(c)statistics generated by the VIS in accordance with Article 45a and the EES indicating correlations between information collected through the application form and overstaying by visa holders or refusals of entry;

(c)the Member States of destination;

(d)Eurodac;

(d)as regards Eurodac, whether the applicant is registered in that database;

(d)information substantiated by factual and evidence-based elements provided by Member States concerning specific security risk indicators or threats identified by a Member State;

(d)the Member State of first entry;

(e)the European Criminal Records Information System for third-country nationals (ECRIS-TCN);

(e)as regards the ECRIS-TCN, whether the applicant corresponds to a person whose data have been recorded in that system during the previous 25 years as far as convictions for terrorist offences are concerned or during the previous 15 years as far as convictions for other serious criminal offences are concerned;

(e)information substantiated by factual and evidence-based elements provided by Member States concerning abnormal rates of overstaying and refusals of entry for a specific group of visa holders for a Member State;

(e)purpose of travel;

(f)the Europol data;

(f)as regards Europol data, whether the data provided in the application correspond to data recorded in Europol data;

(f)information concerning specific high epidemic risks provided by Member States as well as epidemiological surveillance information and risk assessments provided by the European Centre for Disease Prevention and Control and disease outbreaks reported by the World Health Organization.

(f)current occupation (job group).

(g)the Interpol Stolen and Lost Travel Document database (Interpol SLTD), and

(g)as regards Interpol databases, whether:

(i)the travel document used for the application corresponds to a travel document reported lost, stolen or invalidated in Interpol SLTD;

(ii)the travel document used for the application corresponds to a travel document recorded in a file in Interpol TDAWN.

(h)the Interpol Travel Documents Associated with Notices database (Interpol TDAWN).

The comparison shall be made with both alphanumeric and biometric data, unless the information system or database queried contains only one of those data categories.4.In particular, the VIS shall verify:5.SIS alerts in respect of missing persons or vulnerable persons, persons sought to assist with a judicial procedure and persons or objects for discreet checks, inquiry checks or specific checks shall be queried only for the purposes of the objective referred to in point (k) of Article 2(1).6.As regards Interpol SLTD and Interpol TDAWN, any queries or verification shall be performed in such a way that no information shall be revealed to the owner of the Interpol alert. If the requirement provided for in this paragraph is not fulfilled, the VIS shall not query Interpol databases.7.As regards Europol data, the automated processing shall receive the appropriate notification in accordance with Article 21(1b) of Regulation (EU) 2016/794.8.A hit shall be triggered where all or some of the data from the application file used for the query correspond fully or partially to the data present in a record, alert or file of the information systems or databases referred to in paragraph 3. The manual referred to in Article 9h(2) shall define partial correspondence, including a degree of probability to limit the number of false hits.9.Where the automatic comparison referred to in paragraph 3 reports a hit related to point (a)(i), (ii) and (iii), point (b), point (c)(i), point (d) and point (g)(i) of paragraph 4, the VIS shall add a reference in the application file to any hit and, where relevant, the Member States that entered or supplied the data having triggered the hit.10.Where the automatic comparison referred to in paragraph 3 reports a hit related to point (a)(iv), point (c)(ii), points (e) and (f) and point (g)(ii) of paragraph 4, the VIS shall only indicate in the application file that further verification is needed.In the event of hits pursuant to point (a)(iv), points (e) and (f) and point (g)(ii) of paragraph 4, the VIS shall send an automated notification regarding such hits to the VIS designated authority of the Member State processing the application. Such automated notification shall contain the data recorded in the application file in accordance with points (4), (5) and (6) of Article 9.In the event of hits pursuant to point (c)(ii) of paragraph 4, the VIS shall send an automated notification regarding such hits to the ETIAS National Unit of the Member State that entered the data or, if the data was entered by Europol, to the ETIAS National Unit of the Member States processing the application. That automated notification shall contain the data recorded in the application file in accordance with point (4) of Article 9.11.Where the automatic comparison referred to in paragraph 3 reports a hit related to point (a)(v), (vi) and (vii) of paragraph 4, the VIS shall neither record the hit in the application file nor indicate in the application file that further verification is needed.12.The unique reference number of the data record having triggered a hit shall be kept in the application file for the purpose of the keeping of logs, reporting and statistics in accordance with Articles 34 and 45a.13.The VIS shall compare the relevant data referred to in point (4)(a), (aa), (g), (h), (j), (k) and (l) of Article 9 to the specific risk indicators referred to in Article 9j.Article 9bSpecific provisions for family members of Union citizens or of other third-country nationals enjoying the right of free movement under Union law1.As regards a third-country national who is a family member of a Union citizen to whom Directive 2004/38/EC applies or of a third-country national enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other, the automated queries pursuant to Article 9a(3) shall be carried out solely for the purpose of checking that there are no factual indications or reasonable grounds based on factual indications to conclude that the presence of that third-country national on the territory of the Member States poses a risk to security or high epidemic risk in accordance with Directive 2004/38/EC.2.The VIS shall not verify:3.Where the automated processing pursuant to Article 9a(3) of this Regulation has reported a hit corresponding to an alert for refusal of entry and stay as referred to in Article 24 of Regulation (EU) 2018/1861, the visa authority shall verify the ground for the decision following which this alert was entered in the SIS. If that ground is related to an illegal immigration risk, the alert shall not be taken into consideration for the assessment of the application. The visa authority shall proceed in accordance with Article 26(2) of Regulation (EU) 2018/1861.4.The specific risk indicators based on illegal immigration risks determined pursuant to Article 9j shall not apply.Article 9cManual verification and follow-up action with regard to hits by competent visa authorities1.Any hit pursuant to Article 9a(9) shall be manually verified by the competent visa authority of the Member State processing the visa application.2.For the purposes of manual verification under paragraph 1 of this Article, the competent visa authority shall have access to the application file and any linked application files, as well as to the hits triggered during the automated processing pursuant to Article 9a(9).The competent visa authority shall also have temporary access to data in the SIS, the EES, the ETIAS, Eurodac or Interpol SLTD that triggered the hit for the duration of the verifications referred to in this Article and the examination of the visa application and in the event of an appeal procedure. Such temporary access shall be in accordance with the legal instruments governing the SIS, the EES, the ETIAS, Eurodac and Interpol SLTD.3.The competent visa authority shall verify whether the identity of the applicant recorded in the application file corresponds to the data in any of the information systems or databases queried.4.Where the personal data in the application file correspond to the data stored in the relevant information system or database, the hit shall be taken into account in the examination of the visa application pursuant to Article 21 of Regulation (EC) No 810/2009.5.Where the personal data in the application file do not correspond to the data stored in the relevant information system or database, the competent visa authority shall erase the false hit from the application file.6.Where automatic comparison pursuant to Article 9a(13) of this Regulation reports a hit, the competent visa authority shall assess the security, illegal immigration or high epidemic risk and shall take it into account in the examination of a visa application pursuant to Article 21 of Regulation (EC) No 810/2009. The competent visa authority shall in no circumstances take a decision automatically on the basis of a hit based on specific risk indicators. The competent visa authority shall individually assess the security, illegal immigration and high epidemic risks in all cases.Article 9dManual verification of hits by VIS designated authorities1.Each Member State shall designate an authority (the “VIS designated authority”) for the purposes of the manual verification and follow-up action with regard to hits pursuant to points (a)(iv) to (vii), points (e) and (f) and point (g)(ii) of Article 9a(4). Member States may designate more than one authority as the VIS designated authority. Member States shall notify the Commission and eu-LISA of the VIS designated authority.Where Member States choose to designate the SIRENE Bureau as the VIS designated authority, they shall allocate sufficient additional resources to enable the SIRENE Bureau to fulfil the tasks entrusted to the VIS designated authority under this Regulation.2.The VIS designated authority shall be operational at least during regular working hours. It shall have temporary access to the data recorded in the application file and the data in the SIS, ECRIS-TCN, Europol data or Interpol TDAWN that triggered the hit, for the duration of the verification referred to in this Article and in Article 9g.3.The VIS designated authority shall verify, within two working days from the notification sent by the VIS, whether the identity of the applicant recorded in the application file corresponds to the data present in one of the information systems or databases queried.4.Where the personal data in the application file do not correspond to the data stored in the relevant information system or database, the VIS designated authority shall erase the indication in the application file that further verification is needed.Article 9eManual verification and follow-up action with regard to hits in the ETIAS watchlist1.The ETIAS National Unit of the Member State which entered the data in the ETIAS watchlist or, if the data was entered by Europol, the ETIAS National Unit of the Member State processing the application shall manually verify and carry out follow-up action with regard to hits pursuant to point (c)(ii) of Article 9a(4).2.The relevant ETIAS National Unit shall verify, within two working days from the notification sent by the VIS, whether the data recorded in the application file corresponds to the data in the ETIAS watchlist.3.Where the data in the application file corresponds to the data in the ETIAS watchlist, the ETIAS National Unit shall provide a reasoned opinion to the central visa authority of the Member State processing the visa application on whether the applicant poses a risk to public security, which shall be taken into account in the examination of the visa application pursuant to Article 21 of Regulation (EC) No 810/2009.4.Where the data was entered into the ETIAS watchlist by Europol, the ETIAS National Unit of the Member State processing the application shall, for the purpose of drafting its reasoned opinion, request without delay the opinion of Europol. For that purpose, the ETIAS National Unit shall send the data recorded in the application file in accordance with point (4) of Article 9 to Europol. Europol shall reply within 60 hours of the date of the request. Where Europol does not reply within that deadline, there shall be deemed to be no grounds for objecting to the issuing of the visa.5.The ETIAS National Unit shall send the reasoned opinion to the central visa authority within seven calendar days from the notification sent by the VIS. Where the ETIAS National Unit sends no reasoned opinion within that deadline, there shall be deemed to be no grounds for objecting to the issuing of the visa.6.The reasoned opinion shall be recorded in the application file in a manner that renders it accessible only to the central visa authority of the Member State processing the visa application.7.Where the data in the application file do not correspond to the data in the ETIAS watchlist, the ETIAS National Unit shall inform the central visa authority of the Member State processing the visa application which shall erase the record of further verification being needed from the application file.Article 9fFollow-up action with regard to certain hits by the SIRENE Bureau1.In the event of hits pursuant to point (a)(iii) to (vii) of Article 9a(4), and after manual verification, the competent visa authority or the VIS designated authority shall notify such hits to the SIRENE Bureau of the Member State processing the application.2.In the event of hits pursuant to point (a)(iii) of Article 9a(4), the SIRENE Bureau of the Member State processing the application shall:3.In the event of hits pursuant to point (a)(iv) to (vii) of Article 9a(4) of this Regulation, the SIRENE Bureau of the Member State processing the application shall take any appropriate follow-up action in accordance with Regulation (EU) 2018/1862.Article 9gFollow-up action with regard to certain hits by VIS designated authorities1.In the event of verified hits pursuant to point (e) or (f) or point (g)(ii) of Article 9a(4), the VIS designated authority shall, if necessary, take any appropriate follow-up action. For that purpose, it shall consult, where appropriate, the Interpol National Central Bureau of the Member State processing the application, Europol or the central authority of the convicting Member State designated in accordance with Article 3(1) of Council Framework Decision 2009/315/JHA^note.2.The VIS designated authority shall provide a reasoned opinion on whether the applicant poses a threat to public security to the central visa authority of the Member State processing the visa application, which shall be taken it into account in the examination of the visa application pursuant to Article 21 of Regulation (EC) No 810/2009.3.In the event of verified hits pursuant to point (e) of Article 9a(4) of this Regulation, where the conviction was handed down prior to the start of operations of ECRIS-TCN in accordance with Article 35(4) of Regulation (EU) 2019/816, the VIS designated authority shall, in the reasoned opinion referred to in paragraph 2 of this Article, not take account of convictions for terrorist offences handed down more than 25 years before the date of the visa application or of convictions for other serious criminal offences handed down more than 15 years before the date of the visa application.4.Where a hit manually verified by the VIS designated authority concerns the Europol data referred to in point (f) of Article 9a(4), the VIS designated authority shall request without delay the opinion of Europol in order to carry out its task as referred to in paragraph 2 of this Article. For that purpose, the VIS designated authority shall send the data recorded in the application file in accordance with points (4), (5) and (6) of Article 9 to Europol. Europol shall reply within 60 hours of the date of the request. Where Europol does not reply within that deadline, there shall be deemed to be no grounds for objecting to the issuing of the visa.5.In the event of verified hits pursuant to point (a)(iv) of Article 9a(4) of this Regulation and after consulting the SIRENE bureau of the Member State issuing the alert, the VIS designated authority of the Member State processing the application shall provide a reasoned opinion on whether the applicant poses a threat to public security to the central visa authority processing the visa application, which shall be taken into account in the examination of the visa application pursuant to Article 21 of Regulation (EC) No 810/2009.6.The reasoned opinion shall be recorded in the application file in a manner that renders it accessible only to the VIS designated authority referred to in Article 9d of the Member State processing the application and to the central visa authority of the same Member State.7.The VIS designated authority shall send the reasoned opinion to the central visa authority within seven calendar days from the notification sent by the VIS. In the event of verified hits pursuant to point (e) of Article 9a(4), the deadline for sending the reasoned opinion shall be 10 calendar days. Where the VIS designated authority sends no such reasoned opinion within that deadline, there shall be deemed to be no grounds for objecting to the issuing of the visa.Article 9hImplementation and manual1.For the purpose of implementing Articles 9a to 9g, eu-LISA shall, in cooperation with the Member States and Europol, establish appropriate channels for the notifications and exchange of information referred to in those Articles.2.The Commission shall adopt a delegated act in accordance with Article 48a to lay down in a manual the procedures and rules necessary for queries, verifications and assessments.Article 9iResponsibilities of EuropolEuropol shall adapt its information system to ensure that automated processing of the queries pursuant to Article 9a(3) and Article 22b(2) is possible.Article 9jSpecific risk indicators1.The specific risk indicators shall be applied as an algorithm enabling profiling as defined in point (4) of Article 4 of Regulation (EU) 2016/679 through the comparison in accordance with Article 9a(13) of this Regulation of the data recorded in an application file of the VIS with specific risk indicators established by the ETIAS Central Unit under paragraph 4 of this Article pointing to security, illegal immigration or high epidemic risks. The ETIAS Central Unit shall enter the specific risk indicators in the VIS.2.The Commission shall adopt a delegated act in accordance with Article 48a to further define the risks related to security or illegal immigration or a high epidemic risk on the basis of:3.The Commission shall adopt an implementing act to specify the risks, as defined in this Regulation and in the delegated act referred to in paragraph 2 of this Article, on which the specific risks indicators referred to in paragraph 4 of this Article are to be based. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 49(2).The specific risks referred to in the first subparagraph of this paragraph shall be reviewed at least every six months and, where necessary, a new implementing act shall be adopted by the Commission in accordance with the examination procedure referred to in Article 49(2).4.Based on the specific risks determined in accordance with paragraph 3, the ETIAS Central Unit shall establish a set of specific risk indicators consisting of a combination of data including one or several of the following:5.The specific risk indicators shall be targeted and proportionate. They shall, in no circumstances, be based solely on a person’s sex or age or on information revealing a person’s colour, race, ethnic or social origin, genetic features, language, political or any other opinion, religion or philosophical belief, trade union membership, membership of a national minority, property, birth, disability or sexual orientation.6.The specific risk indicators shall be defined, established, assessed ex ante, implemented, evaluated ex post, revised and deleted by the ETIAS Central Unit after consulting the VIS Screening Board.Article 9kVIS Screening Board1.A VIS Screening Board with an advisory function is hereby established within the European Border and Coast Guard Agency. It shall be composed of a representative of the central visa authority of each Member State, of the European Border and Coast Guard Agency and of Europol.2.The ETIAS Central Unit shall consult the VIS Screening Board on the definition, establishment, ex ante assessment, implementation, ex post evaluation, revision and deletion of the specific risk indicators referred to in Article 9j.3.The VIS Screening Board shall issue opinions, guidelines, recommendations and best practices for the purposes referred to in paragraph 2. When issuing recommendations, the VIS Screening Board shall take into consideration the recommendations issued by the VIS Fundamental Rights Guidance Board.4.The VIS Screening Board shall meet whenever necessary, and at least twice a year. The costs and servicing of its meetings shall be borne by the European Border and Coast Guard Agency.5.The VIS Screening Board may consult the VIS Fundamental Rights Guidance Board on specific issues related to fundamental rights, in particular with regard to privacy, the protection of personal data and non-discrimination.6.The VIS Screening Board shall adopt rules of procedure at its first meeting by a simple majority of its members.Article 9lVIS Fundamental Rights Guidance Board1.An independent VIS Fundamental Rights Guidance Board with an advisory and appraisal function is hereby established. Without prejudice to their respective competences and independence, it shall be composed of the Fundamental Rights Officer of the European Border and Coast Guard Agency, a representative of the consultative forum on fundamental rights of the European Border and Coast Guard Agency, a representative of the European Data Protection Supervisor, a representative of the European Data Protection Board established by Regulation (EU) 2016/679 and a representative of the European Union Agency for Fundamental Rights.2.The VIS Fundamental Rights Guidance Board shall perform regular appraisals and issue recommendations to the VIS Screening Board on the impact on fundamental rights of the processing of applications and of the implementation of Article 9j, in particular with regard to privacy, the protection of personal data and non-discrimination.The VIS Fundamental Rights Guidance Board shall also support the VIS Screening Board in the execution of its tasks when consulted by the latter on specific issues related to fundamental rights, in particular with regard to privacy, the protection of personal data and non-discrimination.The VIS Fundamental Rights Guidance Board shall have access to the audits referred to in point (e) of Article 7(2) of Regulation (EU) 2018/1240.3.The VIS Fundamental Rights Guidance Board shall meet whenever necessary, and at least twice a year. The costs and servicing of its meetings shall be borne by the European Border and Coast Guard Agency. Its meetings shall take place in premises of the European Border and Coast Guard Agency. The secretariat of its meetings shall be provided by the European Border and Coast Guard Agency. The VIS Fundamental Rights Guidance Board shall adopt rules of procedure at its first meeting by a simple majority of its members.4.One representative of the VIS Fundamental Rights Guidance Board shall be invited to attend the meetings of the VIS Screening Board in an advisory capacity. The members of the VIS Fundamental Rights Guidance Board shall have access to the information and files of the VIS Screening Board.5.The VIS Fundamental Rights Guidance Board shall produce an annual report. The report shall be made publicly available.