Article 2, Point (3), Point (a) · Regulation (EU) 2021/1134

Contents

(a)the following paragraphs are inserted:“3a.For the purpose of assessing the entry conditions provided for in paragraph 3 of this Article, the consulate or the central authorities shall take into account, where applicable, the result of the verifications of hits pursuant to Article 9c of the VIS Regulation or the reasoned opinion provided in accordance with Articles 9e and 9g of that Regulation by the VIS designated authority as defined in point (3b) of Article 4 of the VIS Regulation or the ETIAS National Unit as referred to in Article 8 of Regulation (EU) 2018/1240 of the European Parliament and of the Council^note.By way of derogation from Article 4(1), in the case of applications where a reasoned opinion was provided by the VIS designated authority or the ETIAS National Unit, the central authorities shall either be empowered to decide on the application themselves or shall, after assessing the reasoned opinion, inform the consulate processing the application that they object to the issuance of the visa.3b.For the purpose of assessing the entry conditions provided for in paragraph 3 of this Article, the consulate or the central authorities shall, where a red link exists in accordance with Article 32 of Regulation (EU) 2019/817 of the European Parliament and of the Council^note, assess and take into account the differences in the linked identities.3c.Hits against the specific risk indicators referred to in Article 9j of the VIS Regulation pursuant to Article 9a(13) of that Regulation shall be taken into account in the examination of an application. The consulate and the central authorities shall in no circumstances take a decision automatically on the basis of a hit based on specific risk indicators. The consulate or the central authorities shall individually assess the security, illegal immigration and high epidemic risks in all cases.