# Commission Decision of 30 November 2009 adopting technical implementing measures for entering the data and linking applications, for accessing the data, for amending, deleting and advance deleting of data and for keeping and accessing the records of data processing operations in the Visa Information System (notified under document C(2009) 9402) (Only the Bulgarian, Czech, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are authentic) (2009/876/EC), Division 2.4: Procedures when particular data are not required to be provided for legal reasons or factually cannot be provided

Extent: E+W+S+N.I.

In accordance with Article 8(5) of the VIS Regulation the entry ‘not applicable’ shall be entered into textual fields manually or, when available, by selecting the value from a code table. If the data field consists of more than one element, such an entry shall be used for each of them.
In case fingerprints are not required or cannot be provided, in accordance with Article 8(5) of the VIS Regulation, two Boolean fields shall be implemented in the VIS:
‘fingerprintsNotRequired’,
‘fingerprintsNotApplicable’,
These fields shall be set according to the table below indicating three possible situations:
the fingerprints are required to be provided,
the fingerprints are not required to be provided for legal reasons,
the fingerprints cannot factually be provided.
Field in the VIS
Fingerprints are required to be provided
Fingerprints are not required to be provided for legal reasons
Fingerprints cannot be factually provided
‘fingerprintsNotRequired’
FALSE
TRUE
FALSE
‘fingerprintsNotApplicable’
FALSE
TRUE
TRUE
In addition, the appropriate free text field ‘ReasonForFingerprintNotApplicable’ shall contain the actual reason.
When a Member State transmits only data referred to in Article 5(1)(a) and (b) of the VIS Regulation, pursuant to Article 48(3), the absence of data referred to in Article 5(1)(c) shall be indicated by entering the remark ‘not applicable’, complemented by a reference to Article 48(3) of the VIS regulation in the free text field indicating that the data are not required to be provided for legal reasons. The relevant fields shall be set up as ‘FingerprintsNotRequired’ TRUE and ‘FingerprintsNotApplicable’ TRUE.

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Source: https://www.legislation.gov.uk/eudn/2009/876/annex/division/2/division/2.4 (the official version)
Page: https://openlegislation.uk/eu-decision-2009-876/annex/division-2/division-2.4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.