Article 4, Point (1) · Regulation (EU) 2021/1134

Contents

(1)Article 8 is amended as follows:

(a)in paragraph 2, point (e) is replaced by the following:

(e)where the identity of a visa holder is verified using fingerprints or facial image, verify at the borders at which the EES is operated the identity of a visa holder by comparing the fingerprints or facial image of the visa holder with the fingerprints or the facial image taken live that are recorded in the VIS, in accordance with Article 23(2) and (4) of this Regulation and Article 18(6) of Regulation (EC) No 767/2008. Only facial images recorded in the VIS with an indication that the facial image was taken live upon submission of the visa application shall be used for that comparison.”;

(b)the following paragraphs are inserted:“3a.Interoperability shall enable the erasure of the facial image referred to in point (d) of Article 16(1) from the individual file where a facial image is recorded in the VIS with an indication that it was taken live upon submission of the visa application.3b.Interoperability shall enable the EES to automatically notify the VIS in accordance with Article 23(3) of Regulation (EC) No 767/2008 where the exit of a child below the age of 12 is entered in the entry/exit record in accordance with Article 16(3) of this Regulation.”;

(c)the following paragraph is added:“5.From the date of the start of operations of the VIS pursuant to Article 11 of Regulation (EU) 2021/1134 of the European Parliament and of the Council^note the EES shall be connected to the ESP to enable the automated processing pursuant to Articles 9a and 22b of Regulation (EC) No 767/2008.