{
  "url": "https://openlegislation.uk/eu-decision-2008-633/article-5",
  "json_url": "https://openlegislation.uk/eu-decision-2008-633/article-5.json",
  "legislation": "eudn/2008/633",
  "legislation_title": "Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences",
  "legislation_url": "https://openlegislation.uk/eu-decision-2008-633",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Conditions for access to VIS data by designated authorities of Member States",
  "text": "1. Access to the VIS for consultation by designated authorities shall take place within the scope of their powers and if the following conditions are met:\n(a) access for consultation must be necessary for the purpose of the prevention, detection or investigation of terrorist offences or other serious criminal offences;\n(b) access for consultation must be necessary in a specific case;\n(c) there are reasonable grounds to consider that consultation of VIS data will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question.\n1a. In cases where the designated authorities have launched a query of the common identity repository (CIR) in accordance with Article 22 of Regulation (EU) 2019/817 of the European Parliament and of the Council , and where the conditions for access laid down in this Article are met, they may access the VIS for consultation where the reply received as referred to in Article 22(2) of that Regulation reveals that data are stored in the VIS.\n2. Consultation of the VIS shall be limited to searching with any of the following VIS data in the application file:\n(a) surname, surname at birth (former surname(s)); first name(s); sex; date, place and country of birth;\n(b) current nationality and nationality at birth;\n(c) type and number of the travel document, the authority which issued it and the date of issue and of expiry;\n(d) main destination and duration of the intended stay;\n(e) purpose of travel;\n(f) intended date of arrival and departure;\n(g) intended border of first entry or transit route;\n(h) residence;\n(i) fingerprints;\n(j) type of visa and the number of the visa sticker;\n(k) details of the person issuing an invitation and/or liable to pay the applicant's subsistence costs during the stay.\n3. Consultation of the VIS shall, in the event of a hit, give access to all of the data listed in paragraph 2 as well as to:\n(a) any other data taken from the application form;\n(b) photographs;\n(c) the data entered in respect of any visa issued, refused, annulled, revoked or extended.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Inserted by Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA."
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA ( OJ L 135, 22.5.2019, p. 27 )."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2008/633/article/5",
    "retrieved_at": "2026-11-01T15:16:45.151192+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}