Article 1, Point (25) · Regulation (EU) 2021/1134

Contents

(25)Articles 21 and 22 are replaced by the following:“Article 21Access to VIS data for determining the responsibility for applications for international protection1.For the sole purpose of determining the Member State responsible for examining an application for international protection in accordance with Articles 12 and 34 of Regulation (EU) No 604/2013, the competent asylum authorities shall have access to the VIS to search with the fingerprints of the applicant for international protection.Where the fingerprints of the applicant for international protection cannot be used or the search with the fingerprints fails, the search shall be carried out with the data referred to in point (4)(a), (aa), (b), (c) or (ca), or point (5) of Article 9. However, the facial image shall not be the only search criterion.2.If the search with the data listed in paragraph 1 of this Article indicates that a visa issued with an expiry date of no more than six months before the date of the application for international protection, or a visa extended to an expiry date of no more than six months before the date of the application for international protection, is recorded in the VIS, the competent asylum authority shall have access to the VIS to consult the following data of the application file, and as regards the data listed in point (e) of this paragraph of the spouse and children, pursuant to Article 8(4), for the sole purpose referred to in paragraph 1 of this Article:

(a)the application number and the authority that issued or extended the visa, and whether the authority issued it on behalf of another Member State;

(a)the application number;

(b)the data taken from the application form referred to in point (4)(a) and (aa) of Article 9;

(b)the data taken from the application forms referred to in point (4) of Article 9;

(c)facial images;

(c)facial images as referred to in point (5) of Article 9;

(d)the data entered in respect of any visa issued, annulled, revoked or extended referred to in Articles 10, 13 and 14;

(d)scans of the biographic data page of the travel document as referred to in point (7) of Article 9;

(e)the data referred to in point (4)(a) and (aa) of Article 9 of the linked application files relating to the spouse and children.

(e)the data entered in respect of any visa issued, annulled, revoked or extended referred to in Articles 10, 13 and 14;

(f)the data referred to in point (4) of Article 9 of the linked application files relating to the spouse and children.

3.The consultation of the VIS pursuant to paragraphs 1 and 2 of this Article shall be carried out only by the designated national authorities referred to in Article 34(6) of Regulation (EU) No 604/2013.Article 22Access to VIS data for examining the application for international protection1.For the sole purpose of examining an application for international protection, the competent asylum authorities shall have access in accordance with Article 34 of Regulation (EU) No 604/2013 to search with the fingerprints of the applicant for international protection.Where the fingerprints of the applicant for international protection cannot be used or the search with the fingerprints fails, the search shall be carried out with the data referred to in point (4)(a), (aa), (b), (c) or (ca), or point (5) of Article 9. However, the facial image shall not be the only search criterion.2.If the search with the data listed in paragraph 1 of this Article indicates that data on the applicant for international protection is recorded in the VIS, the competent asylum authority shall have access to the VIS to consult the following data of the applicant and of any linked application files of the applicant pursuant to Article 8(3), and, as regards the data listed in point (f) of this paragraph, of the spouse and children, pursuant to Article 8(4), for the sole purpose referred to in paragraph 1 of this Article:3.The consultation of the VIS pursuant to paragraphs 1 and 2 of this Article shall be carried out only by the designated national authorities referred to in Article 34(6) of Regulation (EU) No 604/2013.”;