Article 1, Point (6) · Regulation (EU) 2021/1134

Contents

(6)Articles 5 and 6 are replaced by the following:“Article 5Categories of data1.Only the following categories of data shall be recorded in the VIS:

(a)alphanumeric data:

(i)on the visa applicant and on visas requested, issued, refused, annulled, revoked or extended referred to in points (1) to (4) of Article 9 and in Articles 10 to 14;

(ii)on the applicant for a long-stay visa or a residence permit and on long-stay visas and residence permits requested, issued, refused, withdrawn, revoked, annulled, extended or renewed as referred to in Article 22a and Articles 22c to 22f;

(iii)regarding the hits referred to in Articles 9a and 22b and the reasoned opinions referred to in Articles 9e, 9g and 22b;

(a)in the visa application procedure in accordance with Article 15; or

(b)facial images as referred to in point (5) of Article 9 and in point (j) of Article 22a(1);

(b)at the external borders or within the territory of the Member States in accordance with Article 18, 19 or 20 or with Article 22g, 22h or 22i.

(c)fingerprint data as referred to in point (6) of Article 9and in point (k) of Article 22a(1);

(ca)scans of the biographic data page of the travel document referred to in point (7) of Article 9 and in point (h) of Article 22a(1);

(d)links to other applications as referred to in Article 8(3) and (4) and Article 22a(4).

1a.The CIR shall contain the data referred to in points (4)(a) to (ca) and points (5) and (6) of Article 9 and in points (d) to (g), (j) and (k) of Article 22a(1). The remaining VIS data shall be stored in the VIS Central System.1b.Verification and identification in the VIS by means of a facial image shall be possible only against facial images recorded in the VIS with an indication that the facial image was taken live upon submission of the application, in accordance with point (5) of Article 9 and point (j) of Article 22a(1).2.Without prejudice to the recording of data processing operations pursuant to Article 34, the messages transmitted by the VISMail in accordance with Article 16, Article 24(2) and Article 25(2) shall not be recorded in the VIS.Article 5aList of recognised travel documents1.The list of travel documents which entitle the holder to cross the external borders and which may be endorsed with a visa, as set out in Decision No 1105/2011/EU of the European Parliament and of the Council^note, shall be integrated in the VIS.2.The VIS shall provide the functionality for the centralised management of the list of recognised travel documents and of the notification of the recognition or non-recognition of the listed travel documents pursuant to Article 4 of Decision No 1105/2011/EU.3.The Commission shall adopt implementing acts to lay down detailed rules on managing the functionality referred to in paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).Article 6Access for entering, amending, erasing and consulting data1.Access to the VIS for entering, amending or erasing the data referred to in Article 5(1) shall be reserved exclusively to the duly authorised staff of the visa authorities and to the authorities competent to collect or decide on an application for a long-stay visa or residence permit in accordance with Article 22a to 22f. The number of duly authorised members of staff shall be limited by the actual needs of their service.2.Access to the VIS to consult the data shall be reserved exclusively for the duly authorised staff of the national authorities of each Member State and of the Union bodies which are competent for the purposes of Articles 15 to 22, Articles 22g to 22m and Article 45e of this Regulation, as well as for the purposes laid down in Articles 20 and 21 of Regulation (EU) 2019/817.Such access shall be limited to the extent that the data are required for the performance of the tasks of those authorities and Union bodies in accordance with those purposes, and proportionate to the objectives pursued.2a.By way of derogation from the provisions on the use of data provided for in Chapters II, III and IIIa, fingerprint data and facial images of children shall only be used to search the VIS and, in the case of a hit, shall only be accessed to verify the child’s identity:Where the search with alphanumerical data cannot be performed due to the lack of a travel document, the fingerprint data of children may also be used to search the VIS in the asylum procedure in accordance with Article 21, 22, 22j or 22k.2b.By way of derogation from the provisions on the use of data provided for in Article 22h, in the case of persons who have held valid residence permits recorded in the VIS for a period of 10 years or more without interruption, the authorities competent for carrying out checks within the territory of the Member States shall only have access to the VIS to consult the data referred to in points (d), (e) and (f) of Article 22c and the status information of the residence permit.2c.By way of derogation from the provisions on the use of data provided for in Article 22i, in the case of persons who have held valid residence permits recorded in the VIS for a period of 10 years or more without interruption, the authorities competent for carrying out checks within the territory of the Member States shall only have access to the VIS to consult the data referred to in points (d), (e) and (f) of Article 22c and the status information of the residence permit. Where the person does not present a valid travel document or where there are doubts as to the authenticity of the travel document presented or where the verification pursuant to Article 22h has failed, the competent authorities shall also have access the VIS to consult the data referred to in points (d) to (g) and (i) of Article 22a(1).2d.By way of derogation from the provisions on the use of data provided for in Articles 22j and 22k, the competent asylum authorities shall not have access to VIS data of persons who have held valid residence permits recorded in the VIS in accordance with Chapter IIIa for a period of 10 years or more without interruption.2e.By way of derogation from the provisions on the use of data provided for in Chapter IIIb, the Member States’ designated authorities and Europol shall not have access to VIS data of persons who have held valid residence permits recorded in the VIS in accordance with Chapter IIIa for a period of 10 years or more without interruption.2f.By way of derogation from the provisions on the use of data provided for in Articles 45e and 45f, the members of the European Border and Coast Guard teams, with the exception of border management teams, shall not have access to VIS data of persons who have held valid residence permits recorded in the VIS in accordance with Chapter IIIa for a period of 10 years or more without interruption.3.Each Member State shall designate the competent authorities the duly authorised staff of which shall have access to the VIS to enter, amend, erase or consult VIS data. Each Member State shall without delay communicate a list of those authorities to the Commission and eu-LISA, in accordance with Article 45b. The list shall specify the purpose for which each authority may process VIS data. Each Member State may at any time amend or replace the list which it communicated and shall inform the Commission and eu-LISA accordingly.The authorities entitled to consult or access the VIS for the purposes of prevention, detection and investigation of terrorist offences or other serious criminal offences shall be designated in accordance with Chapter IIIb.4.In addition to the communications mentioned in paragraph 3, each Member State shall communicate to eu-LISA without delay a list of the operating units of the national competent authorities having access to the VIS for the purposes of this Regulation. The list shall specify the purpose for which each operating unit is to have access to VIS data. The VIS shall provide the functionality for the centralised management of those lists.5.The Commission shall adopt implementing acts to lay down the detailed rules on managing the functionality for the centralised management of the list in paragraph 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).