Amendments to Regulation (EC) No 767/2008
Article 2
Regulation (EC) No 767/2008 is amended as follows: (1) Article 6(2) is replaced by the following: ‘2. Access to the VIS for consulting the data shall be reserved exclusively for the duly authorised staff of: (a) the national authorities of each Member State and of the Union bodies which are competent for the purposes of Articles 15 to 22, Articles 22g to 22m and Article 45e of this Regulation; (b) the ETIAS Central Unit and the ETIAS National Units, designated pursuant to Articles 7 and 8 of Regulation (EU) 2018/1240, for the purposes of Articles 18c and 18d of this Regulation and for the purposes of Regulation (EU) 2018/1240; and (c) the national authorities of each Member State and of the Union bodies which are competent for the purposes of Articles 20 and 21 of Regulation (EU) 2019/817. Such access shall be limited to the extent to which the data are required for the performance of the tasks of those authorities and Union bodies in accordance with those purposes and proportionate to the objectives pursued.’; (2) the following articles are inserted: ‘Article 18b Interoperability with ETIAS 1. From the date of the start of operations of ETIAS, as determined in accordance with Article 88(1) of Regulation (EU) 2018/1240, the VIS shall be connected to the ESP to enable the automated verifications pursuant to Article 20, point (c)(ii) of Article 24(6), and point (b) of Article 54(1) of that Regulation. 2. The automated verifications pursuant to Article 20, point (c)(ii) of Article 24(6), and point (b) of Article 54(1) of Regulation (EU) 2018/1240 shall enable the verifications provided for in Article 20 of that Regulation and the subsequent verifications provided for in Articles 22 and 26 of that Regulation. For the purpose of proceeding with the verifications referred to in point (i) of Article 20(2) of Regulation (EU) 2018/1240, the ETIAS Central System shall use the ESP to compare the data stored in ETIAS with the data stored in the VIS, in accordance with Article 11(8) of that Regulation, using the data listed in the correspondence table set out in Annex II to this Regulation. Article 18c Access to VIS data by the ETIAS Central Unit 1. For the purpose of performing the tasks conferred on it by Regulation (EU) 2018/1240, the ETIAS Central Unit shall have the right to access and search relevant VIS data in accordance with Article 11(8) of that Regulation. 2. Where a verification by the ETIAS Central Unit in accordance with Article 22 of Regulation (EU) 2018/1240 confirms a correspondence between data recorded in the ETIAS application file and VIS data or where after such verification doubts remain, the procedure set out in Article 26 of that Regulation shall apply. Article 18d Use of the VIS for the manual processing of applications by the ETIAS National Units 1. ETIAS National Units, as referred to in Article 8(1) of Regulation (EU) 2018/1240, shall consult the VIS using the same alphanumerical data as those used for the automated verifications pursuant to Article 20, point (c)(ii) of Article 24(6) and point (b) of Article 54(1) of that Regulation. 2. The ETIAS National Units shall have temporary access to consult the VIS, in a read-only format, for the purpose of examining applications for travel authorisation pursuant to Article 8(2) of Regulation (EU) 2018/1240. The ETIAS National Units may consult the data referred to in Articles 9 to 14 of this Regulation. 3. Following consultation of the VIS by ETIAS National Units, as referred to in Article 8(1) of Regulation (EU) 2018/1240, duly authorised staff of the ETIAS National Units shall record the result of the consultation only in the ETIAS application files.’; (3) the following article is inserted: ‘Article 34a Keeping of logs for the purposes of interoperability with ETIAS Logs of each data processing operation carried out within the VIS and ETIAS pursuant to Article 20, point (c)(ii) of Article 24(6), and point (b) of Article 54(1) of Regulation (EU) 2018/1240 shall be kept in accordance with Article 34 of this Regulation and Article 69 of Regulation (EU) 2018/1240.’; (4) the Annex is numbered as Annex I and the following annex is added: ‘ANNEX II Correspondence table Data as referred to in Article 17(2) of Regulation (EU) 2018/1240 sent by the ETIAS Central System The corresponding VIS data referred to in Article 9(4) of this Regulation with which data in ETIAS are to be compared surname (family name) surnames surname at birth surname at birth (former family name(s)) first name(s) (given name(s)) first name(s) date of birth date of birth place of birth place of birth country of birth country of birth sex sex current nationality current nationality or nationalities and nationality at birth other nationalities (if any) current nationality or nationalities and nationality at birth type of the travel document type of the travel document number of the travel document number of the travel document country of issue of the travel document the country which issued the travel document