Article 14 · Regulation (EU) 2024/1356

Contents

Article 14Identification or verification of identity#

1.To the extent it has not yet occurred during the application of Article 8 of Regulation (EU) 2016/399, the identity of third-country nationals subjected to the screening pursuant to Article 5 or 7 of this Regulation shall be verified or established, by using, where applicable, the following:

(a)identity, travel or other documents;

(b)data or information provided by or obtained from the third-country national concerned; and

(c)biometric data.

2.For the purpose of the identification and verification of identity referred to in paragraph 1 of this Article, the screening authorities shall, using the data or information referred to in that paragraph, query the Common Identity Repository established by Regulations (EU) 2019/817 and (EU) 2019/818 (CIR) pursuant to Article 20a of Regulation (EU) 2019/817 and pursuant to Article 20a of Regulation (EU) 2019/818, search the Schengen Information System established by Regulations (EU) 2018/1860, (EU) 2018/1861 and (EU) 2018/1862 (SIS) and, where relevant, search the national databases applicable in accordance with national law. The biometric data of a third-country national subject to the screening shall be taken once for the purpose of both the identification or verification of identity of that person and registration in Eurodac of that person in accordance with Articles 15(1)(b), 22, 23 and 24 of Regulation (EU) 2024/1358 as applicable.

3.The query of the CIR provided for in paragraph 2 of this Article shall be launched using the ESP in accordance with Chapter II of Regulation (EU) 2019/817 and Chapter II of Regulation (EU) 2019/818.Where it is technically impossible to use the ESP to query one or more EU information systems or the CIR, the first subparagraph of this paragraph shall not apply and the screening authorities shall access the EU information systems or the CIR directly.This paragraph is without prejudice to access by screening authorities to SIS, for which the use of the ESP shall remain optional.

4.Where the biometric data of the third-country national cannot be used or where the query using those data referred to in paragraph 2 fails or returns no hits, the query shall be carried out using the identity data of the third-country national, in combination with any identity, travel or other document data, or with any of the data or information referred to in paragraph 1, point (b).

5.Searches in SIS with biometric data shall be carried out in accordance with Article 33 of Regulation (EU) 2018/1861 and Article 43 of Regulation (EU) 2018/1862.

6.The checks, where possible, shall also include the verification of at least one of the biometric identifiers integrated into any identity, travel or other document.