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Article 20 Access to data for identification

United Kingdom

Original text. Later amendments are not shown.

F11.

Solely for the purposes of the identification of any person who may have been registered previously in the VIS or who may not, or may no longer, fulfil the conditions for the entry to, or stay or residence on, the territory of the Member States, the authorities competent for carrying out checks at borders at which the EES is operated or within the territory of the Member States as to whether the conditions for entry to, or stay or residence on, the territory of the Member States are fulfilled, shall have access to search in the VIS with the fingerprints of that person.

X1Where the fingerprints of that person cannot be used or the search with the fingerprints fails, the search shall be carried out with the data referred to in point (4)(a) and/or (c) of Article 9; this search may be carried out in combination with the data referred to in point (4)(b) of Article 9.

2.

If the search with the data listed in paragraph 1 indicates that data on the applicant are recorded in the VIS, the competent authority shall be given access to consult the following data of the application file and the linked application file(s), pursuant to Article 8(3) and (4), solely for the purposes referred to in paragraph 1:

(a)

the application number, the status information and the authority to which the application was lodged;

(b)

the data taken from the application form, referred to in Article 9(4);

(c)

photographs;

(d)

the data entered in respect of any visa issued, refused, annulled, revoked or whose validity is extended F2 or shortened, or of applications where examination has been discontinued, referred to in Articles 10 to 14.

3.

Where the person holds a visa, the competent authorities shall access the VIS first in accordance with Articles 18 or 19.

Annotations

Textual amendments

F1

Substituted by Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011.

F2

Deleted by Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code).

Editorial notes

X1

Substituted by Corrigendum to Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (Official Journal of the European Union L 218 of 13 August 2008).