Article 8 · Regulation (EU) 2021/1134

Contents

Article 8Amendments to Regulation (EU) 2019/817#

Regulation (EU) 2019/817 is amended as follows:

(1)in Article 4, point 20 is replaced by the following:

(20)‘designated authorities’ means the Member State designated authorities as defined in point (26) of Article 3(1) of Regulation (EU) 2017/2226, point (3a) of Article 4 of Regulation (EC) No 767/2008, and point (21) of Article 3(1) of Regulation (EU) 2018/1240;”;

(2)in Article 13(1), point (b) is replaced by the following:

(b)the data referred to in points (5) and (6) of Article 9 and points (k) and (j) of Article 22a(1) of Regulation (EC) No 767/2008, provided, as regards the facial image, that it was recorded in VIS with an indication that it was taken live upon submission of the application;”;

(3)in Article 18(1), point (b) is replaced by the following:

(b)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) of Regulation (EC) No 767/2008;”;

(4)in Article 26(1), point (b) is replaced by the following:

(b)the visa authorities and the authorities competent to decide on an application for a long-stay visa or residence permit as referred to in Article 6(1) of Regulation (EC) No 767/2008 when creating or updating an application file in VIS in accordance with that Regulation;

(ba)the VIS designated authorities referred to in Articles 9d and 22b of Regulation (EC) No 767/2008 when manually verifying hits triggered by automated queries from VIS to ECRIS-TCN in accordance with that Regulation;”;

(5)in Article 27(3), point (b) is replaced by the following:

(b)surname (family name); first name(s) (given name(s)); date of birth; place of birth; sex, and nationality or nationalities as referred to in points (4)(a) and (aa) of Article 9 and in point (d) of Article 22a(1) of Regulation (EC) No 767/2008;”;

(6)in Article 29(1), point (b) is replaced by the following:

(b)the visa authorities and the authorities competent to decide on an application for a long-stay visa or residence permit as referred to in Article 6(1) of Regulation (EC) No 767/2008 for matches that occurred when creating or updating an application file in VIS in accordance with that Regulation, with the exception of the cases referred to in point (ba) of this paragraph;

(ba)the VIS designated authorities referred to in Articles 9d and 22b of Regulation (EC) No 767/2008 only for yellow links created between data in VIS and ECRIS-TCN when creating or updating an application file in VIS in accordance with that Regulation;”;

(7)in Article 39, paragraph 2 is replaced by the following:“2.eu-LISA shall establish, implement and host in its technical sites the CRRS containing the data and statistics referred to in Article 63 of Regulation (EU) 2017/2226, Article 45a of Regulation (EC) No 767/2008, Article 84 of Regulation (EU) 2018/1240, Article 60 of Regulation (EU) 2018/1861 and Article 16 of Regulation (EU) 2018/1860, logically separated by EU information system. Access to the CRRS shall be granted by means of controlled, secured access and specific user profiles, solely for the purpose of reporting and statistics, to the authorities referred to in Article 63 of Regulation (EU) 2017/2226, Article 45a of Regulation (EC) No 767/2008, Article 84 of Regulation (EU) 2018/1240 and Article 60 of Regulation (EU) 2018/1861.”;

(8)in Article 72, the following paragraph is inserted:“1a.Without prejudice to paragraph 1 of this Article, for the purposes of the automated processing pursuant to Articles 9a and 22b of Regulation (EC) No 767/2008, the ESP shall start operations, limited to those purposes, 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.