Regulation (EC) No 810/2009 is amended as follows:
(1)
in Article 1(2), the following point is added:
‘(c)
the residence rights enjoyed in the host State, as defined in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community ( *1 ) (“EU-UK Withdrawal Agreement”), by third-country nationals who are family members of UK nationals who are beneficiaries of that Agreement.
( *1 ) Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community ( OJ L 29, 31.1.2020, p. 7 ).’;"
(2)
Article 2 is amended as follows:
(a)
point 6 is replaced by the following:
‘6.
“digital visa” means a visa issued in digital format in accordance with Council Regulation (EC) No 1683/95 ( *2 ) ;
( *2 ) Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas ( OJ L 164, 14.7.1995, p. 1 ).’;"
(b)
the following point is inserted:
‘10a.
“application form” means the harmonised application form set out in Annex I, available either online via the EU Visa Application Platform (EU VAP) established in accordance with the VIS Regulation or on paper;’;
(c)
point (13) is replaced by the following:
‘13.
“electronically signed” means the confirmation of agreement online on the EU VAP through the ticking of an appropriate box on the application form;’;
(d)
the following point is added:
‘14.
“electronic message” means a communication sent by electronic means notifying the recipient that new information is available in their secure account.’;
(3)
Article 3(5) is amended as follows:
(a)
point (b) is replaced by the following:
‘(b)
third-country nationals holding a valid residence permit issued by a Member State which does not take part in the adoption of this Regulation or by a Member State which does not yet apply the provisions of the Schengen acquis in full, or third-country nationals holding one of the valid residence permits listed in Annex V issued by Andorra, Canada, Japan, San Marino, the United Kingdom or the United States of America guaranteeing the holder’s unconditional readmission, or holding a valid residence permit for one or more of the overseas countries and territories of the Kingdom of the Netherlands (Aruba, Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba);’;
(b)
point (d) is replaced by the following:
‘(d)
family members of citizens of the Union referred to in Article 1(2), point (a), family members of third-country nationals referred to in Article 1(2) point (b) and family members of UK nationals who are beneficiaries of the EU-UK Withdrawal Agreement referred to in Article 1(2), point (c);’;
(4)
in Article 8, the following paragraph is inserted:
‘4a. Bilateral representation arrangements shall be displayed in the EU VAP.’
;
(5)
Article 9 is amended as follows:
(a)
the following paragraphs are inserted:
‘1a. Without prejudice to Articles 33 and 35, applications shall be lodged via the EU VAP.
1b. By derogation from paragraph 1a, Member States may allow the following categories of persons to lodge an application without using the EU VAP:
(a)
third-country nationals for humanitarian reasons;
(b)
third-country nationals in justified individual cases or in cases of force majeure ;
(c)
heads of State or government and members of a national government with accompanying spouses, and the members of their official delegation when they are invited by Member States’ governments or by international organisations for an official purpose, sovereigns and other senior members of a royal family, when they are invited by Member States’ governments or by international organisations for an official purpose.’
;
(b)
in paragraph 4 the following point is added:
‘(d)
by another person, if applicable, duly authorised by the applicant, where the application is lodged via the EU VAP.’;
(6)
Article 10 is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1. When lodging an application, applicants shall, where required in accordance with Article 13, appear in person to provide their biometric identifiers.
Applicants shall also appear in person for the verification of their travel document in accordance with Article 12.’
;
(b)
the following paragraphs are inserted:
‘1a. Without prejudice to paragraphs 1 and 1b, in cases of doubt concerning the travel document, supporting documents, or both, or in individual cases in a particular location where there is a high incidence of fraudulent documents, Member States may require, on the basis of a preliminary assessment of the application, that the applicant appear in person to present that travel document or to provide supporting documents, or both.
1b. Consulates shall, within local Schengen cooperation, assess the implementation of the conditions laid down in paragraph 1a, to take account of local circumstances.’
;
(c)
paragraph 3 is replaced by the following:
‘3. When lodging the application, the applicant shall:
(a)
submit an application form as provided for in Article 11;
(b)
provide proof of holding the travel document in accordance with Article 12;
(c)
allow his or her facial image to be taken live in accordance with Article 13 or, where the exemptions referred to in Article 13(7a) apply, present a photograph in accordance with the standards set out in Regulation (EC) No 1683/95;
(d)
allow the collection of his or her fingerprints in accordance with Article 13, where applicable;
(e)
pay the visa fee in accordance with Article 16;
(f)
provide proof of the supporting documents in accordance with Article 14;
(g)
where applicable, provide proof of possession of adequate and valid travel medical insurance in accordance with Article 15.’
;
(7)
Article 11 is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1. The application form shall be submitted and electronically signed. In the cases referred to in Article 9(1b), the applicants may submit a manually or electronically completed application form, which shall be signed manually.
Persons included in the applicant’s travel document shall submit a separate application form. Minors shall submit an application form signed by a person exercising the permanent or temporary parental authority or legal guardianship of that minor.’
;
(b)
paragraphs 1a and 1b are deleted;
(c)
the following paragraph is inserted:
‘1c. Each applicant shall submit a completed application form including a declaration of the authenticity, completeness, correctness and reliability of the data submitted and a declaration of the veracity and reliability of the statements made. Each applicant shall also state that he or she has understood the entry conditions referred to in Article 6 of the Schengen Borders Code and that he or she may be requested to provide the relevant supporting documents at each entry.’
;
(d)
paragraphs 4 and 5 are replaced by the following:
‘4. If the application form is not available in the official language(s) of the host country, a translation of it into that/those language(s) and, where applicable, into any widely spoken unofficial language of the host country, shall be made available separately to applicants.
5. In accordance with Article 48(1a), point (c) and where a common translation into the relevant languages does not yet exist, the local Schengen cooperation shall ensure a common translation of the application form into the official language(s) of the host country and, where the local Schengen cooperation considers it necessary, into any widely spoken unofficial language of the host country.’
;
(8)
Article 12 is replaced by the following:
‘Article 12
Travel document
1. The applicant shall provide proof of holding a valid travel document satisfying the following criteria:
(a)
its validity shall extend at least three months after the intended date of departure from the territory of the Member States or, in the case of several visits, after the last intended date of departure from the territory of the Member States. However, in a justified case of emergency, this obligation may be waived;
(b)
it shall have been issued within the previous 10 years.
2. Without prejudice to Article 10(1a) the applicant shall only be required to present the travel document in person in case of a first application with that travel document, or if the applicant is required to provide biometric identifiers.
3. Where required under paragraph 2, the authenticity, integrity and validity of the travel documents shall be checked and verified using the appropriate technology.
4. The consulate, the central authorities or the external service provider shall verify that the travel document, which is presented in person in accordance with paragraph 2, corresponds to the electronic copy of the biographic data page of the travel document uploaded by the applicant.
If the verification is performed by the external service provider, the external service provider shall use the external service provider gateway referred to in Article 7f of the VIS Regulation.
5. Where the external service provider has doubts about the identity of the applicant or about the authenticity, integrity or validity of the presented travel document, it shall communicate those doubts to the consulate or the central authorities and send the travel document to the consulate for further verification.
6. Where the presented travel document contains a storage medium (chip), the consulate, or the central authorities or the external service provider shall read the chip and check the authenticity and integrity of the chip data.
The following data shall be uploaded to the EU VAP:
(a)
the relevant personal data limited to the data included in the machine-readable zone and the photograph;
(b)
the electronic certificates;
(c)
the protocols of the check.
7. The Commission shall, by means of an implementing act, adopt minimum standards with regard to technology, methods and procedures to be used when travel documents are checked and verified by the consulate, the central authorities or the external service provider in order to make sure that the travel document provided or presented is not false, counterfeit or forged, and with regard to technology, methods and procedures to be used when processing chip data pursuant to paragraph 6 of this Article. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 52(2).
8. Where there are doubts as to the quality of the electronic copy of the travel document, in particular as to whether it corresponds to the original, the competent consulate or the external service provider shall make a new electronic copy of the travel document and upload it to the EU VAP.’
;
(9)
Article 13 is amended as follows:
(a)
paragraph 6 is replaced by the following:
‘6. The biometric identifiers shall be collected by qualified and duly authorised staff of the authorities competent in accordance with Article 4(1), (2) and (3). Under the supervision of the consulates or the central authorities, the biometric identifiers may also be collected by qualified and duly authorised staff of an external service provider as referred to in Article 43. Where there is any doubt, fingerprints which have been taken by the external service provider may be verified at the consulate.’
;
(b)
the following paragraph is added:
‘7c. Where the biometric identifiers are collected by an external service provider in accordance with Article 43, the external service provider gateway referred to in Article 7f of the VIS Regulation shall be used for the purpose of uploading the biometric identifiers as provided for in Article 7f(1), point (b), of that Regulation.’
;
(10)
in Article 14, paragraphs 1 and 2 are replaced by the following:
‘1. When applying for a uniform visa, the applicant shall provide the following:
(a)
proof of documents indicating the purpose of the journey;
(b)
proof of documents in relation to accommodation, or of sufficient means to cover the applicant’s accommodation;
(c)
proof of documents indicating that the applicant possesses sufficient means of subsistence or is in a position to acquire such means lawfully, in accordance with Article 6 of the Schengen Borders Code, for both the duration of the intended stay and the return to the applicant’s country of origin or residence or for the transit to a third country into which the applicant is certain to be admitted;
(d)
information enabling an assessment of the applicant’s intention to leave the territory of the Member States before the expiry of the visa for which that applicant has applied.
2. When applying for an airport transit visa, the applicant shall provide:
(a)
proof of documents in relation to the onward journey to the final destination after the intended airport transit;
(b)
information enabling an assessment of the applicant’s intention not to enter the territory of the Member States.’
;
(11)
in Article 15(2), the second subparagraph is replaced by the following:
‘In addition, such applicants shall declare, in the application form, that they are aware of the need to be in possession of travel medical insurance for subsequent stays.’;
(12)
Article 16 is amended as follows:
(a)
paragraph 7 is replaced by the following:
‘7. The visa fee shall be charged in euro or in the national currency of the third country or the currency usually used in the third country where the application is lodged and shall not be refundable except in the cases referred to in Article 18(4) and Article 19(3).
The payment tool referred to in Article 7e of the VIS Regulation shall be used for the payment of the visa fee except where an electronic payment is not possible, in which case the visa fee may be collected by the consulate or the external service provider entrusted with this task.
Where the visa fee is charged in a currency other than the euro, the amount shall be determined and regularly reviewed in application of the euro foreign exchange reference rate set by the European Central Bank. The amount charged may be rounded up and it shall be ensured under local Schengen cooperation that similar fees are charged irrespective of which Member State is competent for examining the visa application.’
;
(b)
paragraph 9 is replaced by the following:
‘9. The Commission shall assess the need to revise the amount of the visa fees set out in paragraphs 1, 2 and 2a of this Article and in Articles 32a and 33 every three years, taking into account objective criteria, such as the general Union-wide inflation rate as published by Eurostat and the weighted average of the salaries of Member States’ civil servants. On the basis of those assessments, the Commission shall adopt, where appropriate, delegated acts in accordance with Article 51a concerning the amendment of this Regulation as regards the amount of the visa fees.’
;
(13)
Article 18 is amended as follows:
(a)
paragraph 2 is deleted;
(b)
the following paragraphs are added:
‘3. Following the notification via the EU VAP of the combined result of the automated competence and admissibility pre-checks pursuant to Article 7d(8) of the VIS Regulation, the consulate or the central authorities of the Member State notified by the EU VAP shall verify whether they are competent to examine the application and decide on it.
4. If, after the verification referred to in paragraph 3, the consulate or the central authorities of the Member State notified by the EU VAP find that they are not competent to examine and decide on the application, they shall, without delay, inform the applicant of that fact through the applicant’s secure account on the EU VAP and indicate which Member State or consulate is competent. An automatic electronic message shall be sent to the applicant by the EU VAP.
If, within 15 days of that electronic message having been sent, the applicant does not re-submit the application to the competent Member State or consulate, the application data, including biometric data, if applicable, shall be automatically deleted from temporary storage pursuant to Article 7d of the VIS Regulation, and the visa fee shall be refunded.
5. For applications not submitted via the EU VAP, the consulate or the central authorities shall verify whether they are competent to examine and decide on the application, in accordance with Articles 5 and 6. If that consulate or those central authorities are not competent, they shall, without delay, return the application form and any documents submitted by the applicant, refund the visa fee, delete the biometric data and indicate which Member State or consulate is competent.’
;
(14)
in Article 19, the following paragraph is inserted:
‘1a. Upon the notification of a positive result of the automated admissibility pre-check pursuant to Article 7d(8) of the VIS Regulation, the consulate or the central authorities of the Member State notified by the EU VAP shall perform the verification referred to in paragraph 1 of this Article without delay.’
;
(15)
Article 20 is deleted;
(16)
Article 21 is amended as follows:
(a)
in paragraph 3, point (a) is replaced by the following:
‘(a)
that the travel document provided is not false, counterfeit or forged;’;
(b)
in paragraph 6, point (a) is replaced by the following:
‘(a)
that the travel document provided is not false, counterfeit or forged;’;
(17)
Article 24 is amended as follows:
(a)
in paragraph 1, third subparagraph, the reference to ‘point (a) of Article 12’ is replaced by reference to ‘Article 12(1), point (a)’;
(b)
in paragraph 2, first subparagraph, the introductory words are replaced by the following:
‘Provided that the applicant fulfils the entry conditions set out in Article 6(1), points (a), (c), (d) and (e), of the Schengen Borders Code, multiple-entry visas with a long validity shall be issued for the following validity periods:’;
(c)
the following paragraph is inserted:
‘2aa. The validity of the multiple-entry visas shall not be restricted by the validity of the travel document.’
;
(d)
the following paragraphs are added:
‘4. As soon as the decision on the issuance of a visa has been taken by the competent authority and made available in the secure account in accordance with Article 7g(2) of the VIS Regulation, the EU VAP shall send an electronic message to the applicant in accordance with Article 7g(1) of that Regulation.
The decision shall be made available to the applicant in the secure account.
The notification of the decision on the issuance of a visa may be made through other notification means requested by the applicant and allowed by the Member State.
5. For applications not submitted via the EU VAP, the issuance of a visa shall be notified to applicants by the authorities of the issuing Member State.’
;
(18)
in Article 25, the following paragraph is added:
‘6. Issuing a visa in digital format shall not affect the competence of Member States in relation to the recognition of travel documents, including those travel documents that are not recognised by one or more, but not all Member States.’
;
(19)
the following Article is inserted:
‘Article 26a
Digital visas
Visas shall be issued in digital format in accordance with Regulation (EC) No 1683/95. Digital visas shall be a record in the VIS and shall have a unique visa number.’
;
(20)
Article 27 is replaced by the following:
‘Article 27
Filling in the data fields of the digital visa
1. The Commission shall, by means of implementing acts, adopt the rules for filling in the data fields of the digital visa laid down in the Annex to Regulation (EC) No 1683/95. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 52(2) of this Regulation.
2. Member States may add national entries in the ‘comments’ section of the visa, in accordance with Article 10(1), point (n), of the VIS Regulation. Those entries shall not duplicate the mandatory entries established in accordance with the procedure referred to in paragraph 1 of this Article.’
;
(21)
Article 28 is replaced by the following:
‘Article 28
Invalidation of a completed visa sticker
If an error is detected on a visa sticker for a visa not issued in digital format, the visa sticker shall be invalidated by drawing a cross with indelible ink on the visa sticker and a digital visa with the correct data shall be issued.’
;
(22)
in Article 32, paragraph 2 is replaced by the following:
‘2. A decision on refusal and the reasons on which it is based, as set out in Annex VI, shall be made available to the applicant in the secure account. That decision shall be in the official language(s) of the Member State that has taken the final decision on the application and in another official language of the Union. Member States may add additional documents that substantiate that decision.
As soon as the decision on refusal has been taken by the competent authority and made available in the secure account in accordance with Article 7g(2) of the VIS Regulation, the EU VAP shall send an electronic message to the applicant in accordance with Article 7g(1) of that Regulation. Where an applicant is represented by another person, that electronic message shall be sent to both of them.
The time limit for lodging an appeal under national law against a decision on refusal shall begin from the moment the applicant accesses the decision in the secure account. The time limit shall be counted according to the time zone of the applicant’s residence as indicated in the application form.
The decision shall be deemed to have been accessed by the applicant on the eighth day following the date on which the electronic message informing the applicant of the availability of the decision in the applicant’s secure account was sent. From that day the decision shall be presumed to have been notified to the applicant.
The EU VAP shall indicate the date of actual or presumed notification of the decision to the applicant. In the case of a presumed notification an automatic electronic message shall be sent to the applicant by the EU VAP.
If the secure account cannot be used for technical reasons, applicants may contact the competent consulate or the central authorities or the external service provider.
The notification of decisions referred to in this paragraph may be made through other means requested by the applicant and allowed by the Member State.
For applications not submitted via the EU VAP in cases referred to in Article 9(1b) and Article 35, a decision on refusal and the reasons on which it is based shall be notified to the applicant by means of the standard form set out in Annex VI in the official language(s) of the Member State that has taken the final decision on the application and in another official language of the Union.’
;
(23)
the following Article is inserted:
‘Article 32a
Confirmation of a valid visa in a new travel document
1. Visa holders whose travel document has been lost, stolen, has expired or has been invalidated and whose visa is still valid shall apply for the confirmation of the visa in a new travel document, if they wish to continue using the visa. The new travel document shall be of the same type and issued by the same country as the lost, stolen, expired or invalidated travel document. The visa shall be confirmed by the authority which issued the visa or by another authority of the same Member State as communicated by the Member State which issued the visa.
2. Visa holders as referred to in paragraph 1 shall apply for confirmation of the visa in a new travel document via the EU VAP, by using a simplified application form. They shall provide the following data:
(a)
surname, surname at birth, first name, date and place of birth, sex, nationality;
(b)
number of the visa;
(c)
data of the lost, stolen, expired or invalidated travel document;
(d)
data of the new travel document;
(e)
electronic copy of the biographic data page of the new travel document;
(f)
proof of loss or theft of the travel document;
(g)
where applicable, identity changes since the issuance of that visa.
3. The visa holder shall pay the visa confirmation fee of EUR 20.
4. The visa holder shall be required to appear in person as communicated by the Member State.
5. The new travel document shall fulfil the conditions laid down in Article 12 and shall be verified in accordance with that Article.
6. Without prejudice to the respective consultation rights, the competent consulate or central authorities of the competent Member State may consult the databases referred to in Article 9a(3) of the VIS Regulation when a confirmation of visa is requested.
7. Where the competent consulate or the central authorities of the competent Member State determine that a valid visa can be confirmed in a new travel document, they shall enter the data in the application file in the VIS in accordance with Article 12a of the VIS Regulation.
8. As soon as a decision on the confirmation of a visa in a new travel document has been taken by the competent authority and made available in the secure account in accordance with Article 7g(2) of the VIS Regulation, the EU VAP shall send an electronic message to the visa holder in accordance with Article 7g(1) of that Regulation.
The decision on the confirmation of a visa in a new travel document shall be made available to the visa holder in the secure account. That confirmation shall be attested by a confirmation number.
9. Where the competent consulate or the central authorities of the competent Member State cannot determine whether a valid visa can be confirmed in a new travel document, in particular because of doubts regarding the identity of the visa holder, they shall refuse the confirmation and revoke the valid visa, in accordance with Article 34.
10. A negative decision regarding the confirmation of a valid visa in a new travel document shall not preclude the visa holder from submitting a new visa application. This shall be without prejudice to the right of the applicant to appeal in accordance with Article 34(7).’
;
(24)
Article 33 is amended as follows:
(a)
paragraph 6 is replaced by the following:
‘6. Member States may allow visa holders to apply for an extension of a visa via the EU VAP by using a simplified application form. In such cases, visa holders shall provide the following:
(a)
personal data;
(b)
the number of the visa and the number of the travel document;
(c)
an electronic copy of the supporting documents proving force majeure , humanitarian reasons or serious personal reasons which prevent them from leaving the territory of the Member States before the expiry of the period of validity of their visa or of the duration of stay authorised by the visa.
Those visa holders shall pay the fee of EUR 30 only in case of serious personal reasons referred to in paragraph 2.’
;
(b)
the following paragraph is added:
‘8. As soon as the decision on the request to extend the visa via the EU VAP has been taken by the competent authority and made available in the secure account in accordance with Article 7g(2) of the VIS Regulation, the EU VAP shall send an electronic message to the visa holder in accordance with Article 7g(1) of that Regulation.
The decision shall be made available to the visa holder in the secure account. Member States may add additional documents that substantiate the decision.’
;
(25)
Article 34 is amended as follows:
(a)
paragraphs 5 and 6 are replaced by the following:
‘5. If a visa not issued in digital format is annulled or revoked, a stamp stating “ANNULLED” or “REVOKED” shall be affixed to it and the optically variable feature of the visa sticker, the security feature “latent image effect” as well as the term “visa” shall be invalidated by being crossed out.
6. A decision on annulment or revocation of a visa and the reasons on which it is based shall be issued in digital format by entering the data into the VIS, in accordance with Article 13 of the VIS Regulation.
The decision on annulment or revocation and the reasons on which it is based, as set out in Annex VI, shall be made available to the visa holder in the secure account. That decision shall be in the official language(s) of the Member State that has taken the final decision on the application and in another official language of the Union. Member States may add additional documents that substantiate that decision.
As soon as the decision has been taken by the competent authority and made available in the secure account in accordance with Article 7g(2) of the VIS Regulation, the EU VAP shall send an electronic message to the visa holder in accordance with Article 7g(1) of that Regulation. Where a visa holder is represented by another person that electronic message shall be sent to both of them.
The time limit for lodging an appeal under national law against the decision shall begin from the moment the visa holder accesses the decision in the secure account. The time limit shall be counted according to the time zone of the visa holder’s residence as indicated in the application form.
The decision shall be deemed to have been accessed by the visa holder on the eighth day following the date on which the electronic message informing the visa holder of the availability of the decision in the visa holder’s secure account was sent. From that day the decision shall be presumed to have been notified to the visa holder.
The EU VAP shall indicate the date of actual or presumed notification of the decision to the visa holder. In the case of a presumed notification an automatic electronic message shall be sent to the visa holder by the EU VAP.
If the secure account cannot be used for technical reasons, the visa holder may contact the competent consulate or the central authorities or the external service provider.
The notification of decisions referred to in this paragraph may be made through other means requested by the visa holder and allowed by the Member State.
For applications not submitted via the EU VAP, the decision and the reasons on which it is based shall be notified to the visa holder by means of the standard form set out in Annex VI in the official language(s) of the Member State that has taken the final decision on the application and in another official language of the Union.’
;
(b)
in paragraph 7, the third sentence is replaced by the following:
‘Member States shall provide visa holders with information regarding the procedure to be followed in the event of an appeal, as set out in Annex VI.’;
(26)
in Article 35, the following paragraph is added:
‘8. Member States may allow third-country nationals to apply for a visa at the external border via the EU VAP. In such cases, the Member States shall notify the applicant of the decision taken on the visa application by making it available to the applicant via the applicant’s secure account on the EU VAP in accordance with Article 7g(2) of the VIS Regulation. As soon as the decision has been made available in the applicant’s secure account, the EU VAP shall send an electronic message to the applicant in accordance with Article 7g(1) of the VIS Regulation.’
;
(27)
Article 37 is amended as follows:
(a)
paragraph 2 is deleted;
(b)
in paragraph 3, the first sentence is replaced by the following:
‘As a general rule, consulates or central authorities shall keep archives of applications in digital format.’;
(28)
Article 38 is amended as follows:
(a)
paragraph 1a is replaced by the following:
‘1a. Member States shall ensure that the entire visa procedure in consulates, including the lodging and handling of applications and the practical cooperation with external service providers, is monitored by expatriate staff to ensure the integrity of all stages of the procedure.’
;
(b)
the following paragraph is inserted:
‘3c. Based on training materials developed by eu-LISA or the Commission, Member States’ central authorities shall provide appropriate training to each of their staff and external service providers regarding the EU VAP.’
;
(29)
in Article 40(2), point (a) is replaced by the following:
‘(a)
equip their consulates and authorities responsible for issuing visas at the borders with the requisite material for the collection of biometric identifiers;’;
(30)
Article 42 is deleted;
(31)
Article 43 is amended as follows:
(a)
paragraph 4 is replaced by the following:
‘4. Only the consulates or the central authorities shall examine the applications, conduct, where appropriate, the interviews and take a decision on applications.’
;
(b)
in paragraph 5, the following subparagraph is added:
‘By way of derogation from the first subparagraph, only duly authorised staff of external service providers may have access to the EU VAP via the external service provider gateway referred to in Article 7f of the VIS Regulation, and only to:
(a)
verify the data uploaded by the applicant;
(b)
upload biometric identifiers;
(c)
upload copies of the supporting documents;
(d)
use the appointment tool to indicate available appointments.’;
(c)
paragraph 6 is amended as follows:
(i)
point (c) is replaced by the following:
‘(c)
collecting data and, if applicable, applications including the collection of biometric identifiers and, in the exceptional cases referred to in Article 10(1a), supporting documents and documents needed for identity checks, transmitting them to the consulate or the central authorities where they have not received those documents and information, and uploading them to the EU VAP;’;
(ii)
the following points are inserted:
‘(ca)
verifying the travel document against the electronic copy uploaded by the applicant;
(cb)
in cases where Article 12(2) applies, verifying that the holder of the travel document corresponds to the applicant;’;
(32)
Article 44 is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1. In the case of cooperation among Member States and cooperation with an external service provider, the Member State(s) concerned shall ensure that data are fully encrypted, whether transferred electronically or physically onto an electronic storage medium.’
;
(b)
the following paragraph is inserted:
‘1a. The access that external service providers may have to the EU VAP via the external service provider gateway referred to in Article 7f of the VIS Regulation shall be protected by a secure encryption system other than the one referred to in paragraph 1 of this Article.’
;
(33)
Article 47 is amended as follows:
(a)
point (e) of paragraph 1 is deleted;
(b)
the following paragraph is added:
‘3. The EU VAP shall provide the general public with all relevant information in relation to the application for a visa via the EU VAP, in particular the information referred to in Article 7a of the VIS Regulation.’
;
(34)
Annex I to Regulation (EC) No 810/2009 is replaced by the text set out in Annex I to this Regulation;
(35)
Annex III to Regulation (EC) No 810/2009 is deleted;
(36)
in Annex V to Regulation (EC) No 810/2009, the following entry is inserted after the entry for San Marino:
‘UNITED KINGDOM:
—
UK Biometric Residence Permit (BRP) (for citizens from non-EU countries).’.