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Screening Regulation:
Article 20 – Amendments to Regulation (EC) No 767/2008

Article 6 of Regulation (EC) No 767/2008Visa Information System Regulation is amended as follows:

(1) paragraph 2 is replaced by the following:

‘2. Access to VISVisa Information System for consulting the data shall be reserved exclusively for the duly authorised staff of:

(a) the national authorities of each Member State and of the Union bodies which are competent for the purposes laid down in Articles 15 to 22, Articles 22g to 22m, and Article 45e of this Regulation;

(b) the ETIASEuropean Travel Information and Authorisation System Central Unit and the ETIAS National Units, designated pursuant to Articles 7 and 8 of Regulation (EU) 2018/1240European Travel Information and Authorisation System Regulation, for the purposes laid down in Articles 18c and 18d of this Regulation and for the purposes of Regulation (EU) 2018/1240European Travel Information and Authorisation System Regulation;

(c) the screening authorities as defined in Article 2, point (10), of Regulation (EU) 2024/1356Screening Regulation of the European Parliament and of the Council ((*)), for the purposes laid down in Articles 15 and 16 of that Regulation;

(d) the national authorities of each Member State and of the Union bodies which are competent for the purposes laid down in Articles 20, 20a and 21 of Regulation (EU) 2019/817Interoperability (Borders and Visa) Regulation.

Such access shall be limited according to the extent that the data are required for the performance of their tasks for those purposes, and proportionate to the objectives pursued.

(*) Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 introducing the screening of third country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817 (OJ L, 2024/1356, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1356/oj).’;” ↩︎


(2) the following paragraph is inserted:

‘2-a. The screening authorities as defined in Article 2, point (10), of Regulation (EU) 2024/1356Screening Regulation shall also have access to VISVisa Information System for consulting the data in order to perform a security check in accordance with Article 15(2) of that Regulation.

A search in accordance with this paragraph shall be performed by using the data referred to in Article 14(1) of Regulation (EU) 2024/1356Screening Regulation and VISVisa Information System shall return a hit where a decision to refuse, annul or revoke a visa, long-stay visa or residence permit based on the grounds provided for in Article 12(2)(a)(i),(v) and (vi) of this Regulation is recorded in a matching file.

Where a hit is obtained, the screening authorities shall have access to all relevant data in the file.’.


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Categories: Articles Key words: Screening authorities

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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