OpenLegislation

Article 7 Conditions for access to VIS data by Europol

United Kingdom

Original text. Later amendments are not shown.

1.

Access to the VIS for consultation by Europol shall take place within the limits of its mandate and:

(a)

when necessary for the performance of its tasks pursuant to Article 3(1), point 2 of the Europol Convention and for the purposes of a specific analysis as referred to in Article 10 of the Europol Convention; or

(b)

when necessary for the performance of its tasks pursuant to Article 3(1), point 2 of the Europol Convention and for an analysis of a general nature and of a strategic type, as referred to in Article 10 of the Europol Convention, provided that VIS data is rendered anonymous by Europol prior to such processing and retained in a form in which identification of the data subjects is no longer possible.

F11a.

In cases where Europol has launched a query of the CIR in accordance with Article 22 of Regulation (EU) 2019/817, and where the conditions for access laid down in this Article are met, Europol 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.

2.

Article 5(2) and (3) shall apply accordingly.

3.

Europol shall designate a specialised unit for the purpose of this Decision with duly empowered Europol officials to act as the central access point to access the VIS for consultation.

4.

Processing of information obtained by Europol from access to the VIS shall be subject to the consent of the Member State which has entered that data in the VIS. Such consent shall be obtained via the Europol national unit of that Member State.

Annotations

Textual amendments

F1

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.