Article 4 · Commission Delegated Regulation (EU) 2021/1423

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Article 4Obligations to remove, update and review information#

1.Where a refusal decision is annulled or otherwise held to be invalid after information relating to it has been entered in the Internal Market Information System, the competent authority shall remove the entry from the Internal Market Information System within 30 calendar days of the annulment or finding of invalidity.

2.Where, in circumstances other than those referred to in paragraph 1, information entered in the Internal Market Information System relating to a refusal decision ceases to be accurate and complete for whatever reason, including as a result of the subsequent revocation or amendment of the refusal decision, the competent authority shall update the information in the Internal Market Information System relating to that refusal within 30 calendar days from the date on which the information ceased to be accurate or complete. In a case involving revocation of the refusal decision, the date from which the revocation takes effect (‘the revocation date’) shall be added to the entry in the Internal Market Information System.

3.In the case of an entry in the Internal Market Information System for a refusal decision falling within Article 3(1)(h)(i), the competent authority shall review the entry at least once every 10 years from the date on which the refusal decision was made and shall update the entry, immediately following each such review, to confirm that the refusal decision remains in force or, if the decision has been revoked, to record the revocation date in accordance with paragraph 2.

4.In the case of an entry for a refusal decision falling within Article 3(1)(h)(ii) with a fixed end date that is more than 10 years after the date on which the refusal decision was made, the competent authority shall review the entry at least once every 10 years from the date on which the refusal decision was made, up until the date recorded in the Internal Market Information System as the fixed end date, and shall update the entry, immediately following each such review, to confirm that the refusal decision remains in force or, if the decision has been revoked, to add the revocation date in accordance with paragraph 2.

5.If a refusal decision is revoked, the obligation in paragraph 3 or, as applicable, paragraph 4 shall cease to apply to the entry once it has been updated to add the revocation date in accordance with paragraph 2.