(26)

after Article 22, the following chapters are inserted: “CHAPTER IIIa ENTRY AND USE OF DATA ON LONG-STAY VISAS AND RESIDENCE PERMITS Article 22a Procedures for entering data upon application for a long-stay visa or residence permit 1. Upon application for a long-stay visa or residence permit, the authority competent for collecting or examining the application shall create without delay an application file, by entering the following data in the VIS as far as those data are required to be provided by the applicant in accordance with the relevant Union or national law: (a) application number; (b) status information, indicating that a long-stay visa or residence permit has been requested; (c) the authority with which the application has been lodged, including its location; (d) surname (family name), first name(s), date of birth, current nationality or nationalities, sex, place of birth; (e) type and number of the travel document; (f) the date of expiry of the validity of the travel document; (g) the country which issued the travel document and its date of issue; (h) a scan of the biographic data page of the travel document; (i) in the case of minors, surname and first names of the applicant’s parental authority or legal guardian; (j) the facial image of the applicant, with an indication of whether the facial image was taken live upon submission of the application; (k) fingerprints of the applicant. 2. With regard to fingerprints as referred to in point (k) of paragraph 1, the fingerprints of children below the age of six shall not be entered in the VIS. With regard to facial images and fingerprints as referred to in points (j) and (k) of paragraph 1, the data of minors shall be entered in the VIS only where all of the following conditions are met: (a) the staff taking the data of a minor have been trained specifically to take a minor’s biometric data in a child-friendly and child-sensitive manner and in full respect of the best interests of the child and the safeguards laid down in the United Nations Convention on the Rights of the Child; (b) every minor is accompanied by an adult family member or legal guardian when the data is taken; (c) no force is used to take the data. 3. Upon creation of the application file, the VIS shall automatically launch the queries pursuant to Article 22b. 4. If the applicant has applied as part of a group or with a family member, the authority shall create an application file for each person in the group and link the files of the persons having applied together for long-stay visas or residence permits. 5. Where particular data are not required to be provided in accordance with Union or national law or cannot be provided, the specific data fields shall be marked as ‘not applicable’. In the case of fingerprints, the system shall permit a distinction to be made between the cases where fingerprints are not required to be provided in accordance with Union or national law and the cases where they cannot be provided. Article 22b Queries of information systems and databases 1. The application files shall be processed automatically by the VIS to identify hits in accordance with this Article. The VIS shall examine each application file individually. 2. For the purpose of assessing whether the person could pose a threat to the public policy, internal security or public health of the Member States pursuant to point (e) of Article 6(1) of Regulation (EU) 2016/399 and for the purposes of the objective referred to in point (f) of Article 2(2) of this Regulation, the VIS shall launch a query by using the ESP to compare the relevant data referred to in points (d) to (g) and points (i), (j) and (k) of Article 22a(1) of this Regulation with the data present in a record, file or alert registered in: (a) the SIS; (b) the EES; (c) the ETIAS, including the ETIAS watchlist; (d) the VIS; (e) the ECRIS-TCN; (f) the Europol data; (g) Interpol SLTD, and (h) Interpol TDAWN. The comparison shall be made with both alphanumeric and biometric data, unless the information system or database queried contains only one of those data categories. 3. In particular, the VIS shall verify: (a) as regards the SIS, whether: (i) the travel document used for the application corresponds to a travel document which has been lost, stolen, misappropriated or invalidated; (ii) the applicant is subject to an alert for refusal of entry and stay; (iii) the applicant is subject to an alert on return; (iv) the applicant is subject to an alert on persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant, or wanted for arrest for extradition purposes; (v) the applicant is subject to an alert on missing persons or vulnerable persons who need to be prevented from travelling; (vi) the applicant is subject to an alert on persons sought to assist with a judicial procedure; (vii) the applicant or the travel document is subject to an alert on persons or objects for discreet checks, inquiry checks or specific checks; (b) as regards the EES, whether the applicant is recorded as having been refused entry in the EES on the basis of a reason corresponding to point (B), (D), (H) or (I) of Part B of Annex V to Regulation (EU) 2016/399; (c) as regards the ETIAS, whether: (i) the applicant is a person for whom refused, annulled or revoked travel authorisation is recorded in the ETIAS on the basis of a reason corresponding to point (a), (b), (d) or (e) of Article 37(1) or to Article 37(2) of Regulation (EU) 2018/1240, or the applicant’s travel document corresponds to such refused, annulled or revoked travel authorisation; (ii) the data provided as part of the application correspond to data present in the ETIAS watchlist; (d) as regards the VIS, whether the applicant corresponds to a person: (i) for whom a refused, annulled or revoked visa is recorded in the VIS on the basis of a reason corresponding to point (a)(i), (v) or (vi) or point (b) of Article 12(2); (ii) for whom a refused, withdrawn, revoked or annulled long-stay visa or residence permit is recorded in the VIS on the basis of a reason corresponding to point (a) of Article 22d(1); or (iii) whose travel document corresponds to a refused, withdrawn, revoked or annulled visa, long-stay visa or residence permit referred to in point (i) or (ii); (e) as regards the ECRIS-TCN, whether the applicant corresponds to a person whose data have been recorded in that system during the previous 25 years as far as convictions for terrorist offences are concerned or during the previous 15 years as far as convictions for other serious criminal offences are concerned; (f) as regards Europol data, whether the data provided in the application correspond to data recorded in Europol data; (g) as regards Interpol databases, whether: (i) the travel document used for the application corresponds to a travel document reported lost, stolen or invalidated in Interpol SLTD; (ii) the travel document used for the application corresponds to a travel document recorded in a file in Interpol TDAWN. 4. SIS alerts in respect of missing persons or vulnerable persons, persons sought to assist with a judicial procedure and persons or objects for discreet checks, inquiry checks or specific checks shall be queried only for the purposes of the objective referred to in point (f) of Article 2(2). 5. As regards Interpol SLTD and Interpol TDAWN, any queries or verification shall be performed in such a way that no information shall be revealed to the owner of the Interpol alert. If the requirement provided for in this paragraph is not fulfilled, the VIS shall not query Interpol databases. 6. As regards Europol data, the automated processing shall receive the appropriate notification in accordance with Article 21(1b) of Regulation (EU) 2016/794. 7. A hit shall be triggered where all or some of the data from the application file used for the query correspond fully or partially to the data present in a record, alert or file of the information systems or databases referred to in paragraph 2. The manual referred to in paragraph 18 shall define partial correspondence, including a degree of probability to limit the number of false hits. 8. Where the automatic comparison referred to in paragraph 2 reports a hit related to point (a)(i), (ii) and (iii), point (b), point (c)(i), point (d) and point (g)(i) of paragraph 3, the VIS shall add a reference in the application file to any hit and, where relevant, the Member States that entered or supplied the data having triggered the hit. 9. Where the automatic comparison referred to in paragraph 2 reports a hit related to point (a)(iv), point (c)(ii), points (e) and (f) and point (g)(ii) of paragraph 3, the VIS shall only indicate in the application file that further verification is needed. In the event of hits pursuant to point (a)(iv), points (e) and (f) and point (g)(ii) of paragraph 3, the VIS shall send an automated notification regarding such hits to the VIS designated authority of the Member State processing the application. Such automated notification shall contain the data recorded in the application file in accordance with points (d) to (g), and (i), (j) and (k) of Article 22a(1). In the event of hits pursuant to point (c)(ii) of paragraph 3, the VIS shall send an automated notification regarding such hits to the ETIAS National Unit of the Member State that entered the data or, if the data was entered by Europol, to the ETIAS National Unit of the Member States processing the application. That automated notification shall contain the data recorded in the application file in accordance with points (d) to (g) and (i) of Article 22a(1). 10. Where the automatic comparison referred to in paragraph 2 reports a hit related to point (a)(v), (vi) and (vii) of paragraph 3, the VIS shall neither record the hit in the application file nor indicate in the application file that further verification is needed. 11. The unique reference number of the data record having triggered a hit shall be kept in the application file for the purpose of the keeping of logs, reporting and statistics in accordance with Articles 34 and 45a. 12. Any hit pursuant to paragraph 6 shall be manually verified by the competent visa or immigration authority of the Member State processing the application for a long-stay visa or residence permit. For the purposes of manual verification under the first subparagraph of this paragraph, the competent authority shall have access to the application file and any linked application files, as well as to the hits triggered during the automated processing pursuant to paragraph 6. The competent authority shall also have temporary access to data in the VIS, the SIS, the EES, the ETIAS, or Interpol SLTD that triggered the hit for the duration of the verifications referred to in this Article and the examination of the application for a long-stay visa or residence permit and in the event of an appeal procedure. The competent authority shall verify whether the identity of the applicant recorded in the application file corresponds to the data in any of the information systems and databases queried. Where the personal data in the application file correspond to the data stored in the relevant information system or database, the hit shall be taken into account when assessing whether the applicant for a long-stay visa or a residence permit could pose a threat to the public policy, internal security or public health of the Member States processing the application. Where the hit concerns a person in respect of whom an alert for refusal of entry and stay or an alert on return has been entered into the SIS by another Member State, the prior consultation pursuant to Article 27 of Regulation (EU) 2018/1861 or Article 9 of Regulation (EU) 2018/1860 shall apply. Where the personal data in the application file do not correspond to the data stored in the relevant information system or database, the competent authority shall erase the false hit from the application file. 13. For the manual verification of hits pursuant to points (a)(iv) to (vii), points (e) and (f) and point (g)(ii) of paragraph 3 of this Article by VIS designated authorities, Article 9d shall apply accordingly. 14. For the manual verification and follow-up action with regard to hits in the ETIAS watchlist pursuant to point (c)(ii) of paragraph 3 of this Article by ETIAS National Units, Article 9e shall apply accordingly. The reference to the central visa authority shall be understood as referring to the visa or immigration authority competent for long-stay visas or residence permits. 15. For follow-up action with regard to hits in the SIS pursuant to point (a)(iv) to (vii) of paragraph 3 of this Article by the SIRENE Bureaux, Article 9f shall apply accordingly. 16. For follow-up action with regard to hits pursuant to point (e) or (f) or point (g)(ii) of paragraph 3 of this Article by the VIS designated authorities, Article 9g shall apply accordingly. The reference to the central visa authority shall be understood as referring to the visa or immigration authority competent for long-stay visas or residence permits. 17. For the purpose of implementing this Article, eu-LISA shall, in cooperation with the Member States and Europol, establish appropriate channels for the notifications and exchange of information referred to in this Article. 18. The Commission shall adopt a delegated act in accordance with Article 48a to lay down in a manual the procedures and rules necessary for queries, verifications and assessments. Article 22c Data to be added for a long-stay visa or residence permit issued Where a competent authority decides to issue a long-stay visa or residence permit, it shall add the following data to the application file where the data is collected in accordance with the relevant Union and national law: (a) status information indicating that a long-stay visa or residence permit has been issued; (b) the authority that took the decision; (c) place and date of the decision to issue the long-stay visa or residence permit; (d) the type of document issued (long-stay visa or residence permit); (e) the number of the issued long-stay visa or residence permit; (f) the commencement and the expiry dates of the validity of the long-stay visa or residence permit; (g) data listed in Article 22a(1), if available and not entered in the application file upon application for a long-stay visa or residence permit. Article 22d Data to be added in certain cases of a long-stay visa or residence permit refused 1. Where a competent authority decides to refuse a long-stay visa or a residence permit because the applicant is considered to pose a threat to public policy, internal security or public health or the applicant has presented documents which were fraudulently acquired, or falsified, or tampered with, it shall add the following data to the application file where the data is collected in accordance with the relevant Union and national law: (a) status information indicating that the long-stay visa or residence permit has been refused because the applicant is considered to pose a threat to public policy, internal security or public health, or because the applicant presented documents which were fraudulently acquired, or falsified, or tampered with; (b) the authority that took the decision; (c) place and date of the decision. 2. Where a final decision to refuse a long-stay visa or a residence permit has been taken on the basis of reasons other than those referred to in paragraph 1, the application file shall be deleted without delay from the VIS. Article 22e Data to be added for a long-stay visa or residence permit withdrawn, revoked or annulled Where a competent authority decides to withdraw, revoke or annul a long-stay visa or residence permit, it shall add the following data to the application file where the data is collected in accordance with the relevant Union and national law: (a) status information indicating that the long-stay visa or residence permit has been withdrawn, revoked or annulled; (b) the authority that took the decision; (c) place and date of the decision; (d) where applicable, the grounds for withdrawal, revocation or annulment of the long-stay visa or residence permit, in accordance with Article 22d. Article 22f Data to be added for a long-stay visa extended or residence permit renewed 1. Where a competent authority decides to extend a long-stay visa, it shall add the following data to the application file, where the data is collected in accordance with the relevant Union and national law: (a) status information indicating that the long-stay visa has been extended; (b) the authority that took the decision; (c) place and date of the decision; (d) the number of the visa sticker; (e) the commencement and the expiry dates of the validity of the long-stay visa. 2. Where a competent authority decides to renew a residence permit, Article 22c applies. Article 22g Access to VIS data for verification of long-stay visas and residence permits at external border crossing points 1. For the sole purpose of verifying the identity of the holder of the long-stay visa or residence permit, or the authenticity and the validity of the long-stay visa or residence permit or whether the conditions for entry to the territory of the Member States in accordance with Article 6 of Regulation (EU) 2016/399 are fulfilled, the competent authorities for carrying out checks at external border crossing points in accordance with that Regulation shall have access to search the VIS using the following data: (a) surname (family name), first name or names (given names); date of birth; nationality or nationalities; sex; type and number of the travel document or documents; three letter code of the issuing country of the travel document or documents; and the date of expiry of the validity of the travel document or documents; or (b) the number of the long-stay visa or residence permit. 2. If the search with the data listed in paragraph 1 of this Article indicates that data on the holder of the long-stay visa or residence permit are recorded in the VIS, the competent border control authority shall have access to the VIS to consult the following data of the application file and of linked application files pursuant to Article 22a(4), solely for the purposes referred to in paragraph 1 of this Article: (a) the status information of the long-stay visa or residence permit indicating if it has been issued, withdrawn, revoked, annulled, extended or renewed; (b) the data referred to in points (d), (e), and (f) of Article 22c; (c) where applicable, the data referred to in points (d) and (e) of Article 22f(1); (d) facial images as referred to in point (j) of Article 22a(1). 3. For the purposes referred to in paragraph 1, the competent authorities for carrying out checks at external border crossing points shall also have access to the VIS to verify the fingerprints or the facial image of the holder of the long-stay visa or residence permit against the fingerprints or the facial image taken live recorded in the VIS. 4. Where verification of the holder of the long-stay visa or residence permit fails or where there are doubts as to the identity of the holder or the authenticity of the long-stay visa or residence permit or the travel document, the duly authorised staff of the competent authorities for carrying out checks at external border crossing points shall have access to VIS data in accordance with Article 22i(1) and (2). Article 22h Access to VIS data for verification within the territory of the Member States 1. For the sole purpose of verifying the identity of the holder of the long-stay visa or residence permit, or the authenticity and the validity of the long-stay visa or residence permit or whether the conditions for entry to, stay or residence on the territory of the Member States are fulfilled, the authorities competent for carrying out checks within the territory of the Member States as to whether the conditions for entry to, stay or residence on the territory of the Member States are fulfilled shall have access to the VIS to search with the number of the long-stay visa or residence permit in combination with verification of fingerprints of the holder of the long-stay visa or residence permit, or the number of the long-stay visa or residence permit. Where the identity of the holder of the long-stay visa or residence permit cannot be verified with fingerprints, the competent authorities may also carry out the verification with the facial image. 2. If the search with the data listed in paragraph 1 of this Article indicates that data on the holder of the long-stay visa or residence permit are recorded in the VIS, the competent authority shall have access to the VIS to consult the following data of the application file and of linked application files pursuant to Article 22a(4), solely for the purposes referred to in paragraph 1 of this Article: (a) the status information of the long-stay visa or residence permit indicating if it has been issued, withdrawn, revoked, annulled, extended or renewed; (b) the data referred to in points (d), (e) and (f) of Article 22c; (c) where applicable, the data referred to in points (d) and (e) of Article 22f(1); (d) facial images as referred to in point (j) of Article 22a(1). 3. Where verification of the holder of the long-stay visa or residence permit fails or where there are doubts as to the identity of the holder or the authenticity of the long-stay visa or residence permit or the travel document, the duly authorised staff of the competent authorities shall have access to VIS data in accordance with Article 22i(1) and (2). Article 22i Access to VIS data for identification 1. For the sole purpose of the identification of any person who may have been registered previously in the VIS or who does not or no longer fulfils the conditions for the entry to, stay or residence on the territory of the Member States, the authorities competent for carrying out checks at external border crossing points in accordance with Regulation (EU) 2016/399 or within the territory of the Member States as to whether the conditions for entry to, stay or residence on the territory of the Member States are fulfilled, shall have access to the VIS to search with the fingerprints of that person. Where 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 points (d) to (g) or point (j) of Article 22a(1). However, the facial image shall not be the only search criterion. 2. If the search with the data listed in paragraph 1 of this Article indicates that data on the applicant are recorded in the VIS, the competent authority shall have access to the VIS to consult the following data of the application file and of linked application files pursuant to Article 22a(4), solely for the purposes referred to in paragraph 1 of this Article: (a) the application number, the status information and the authority with which the application was lodged; (b) the data referred to in points (d) to (g) and (i) of Article 22a(1); (c) facial images as referred to in point (j) of Article 22a(1); (d) the data entered in respect of any long-stay visa or residence permit issued, refused, withdrawn, revoked, annulled, extended or renewed referred to in Articles 22c to 22f. 3. Where the person holds a long-stay visa or residence permit, the competent authorities shall access the VIS first in accordance with Article 22g or 22h. Article 22j Access to VIS data for determining the responsibility for applications for international protection 1. For the sole purpose of determining the Member State responsible for examining an application for international protection in accordance with Articles 12 and 34 of Regulation (EU) No 604/2013, the competent asylum authorities shall have access to the VIS to search with the fingerprints of the applicant for international protection. Where the fingerprints of the applicant for international protection cannot be used or the search with the fingerprints fails, the search shall be carried out with the data referred to in points (d) to (g) or point (j) of Article 22a(1). However, the facial image shall not be the only search criterion. 2. If the search with the data listed in paragraph 1 of this Article indicates that a long-stay visa or residence permit is recorded in the VIS, the competent asylum authority shall have access to the VIS to consult the following data of the application file and, as regards the data listed in point (e) of this paragraph, of linked application files relating to the spouse and children pursuant to Article 22a(4), solely for the purpose referred to in paragraph 1 of this Article: (a) the application number and the authority that issued, revoked, annulled, extended or renewed the long-stay visa or residence permit; (b) the data referred to in points (d) to (g) and (i) of Article 22a(1); (c) the data entered in respect of any long-stay visa or residence permit issued, withdrawn, revoked, annulled, extended or renewed referred to in Articles 22c, 22e and 22f; (d) facial images as referred to in point (j) of Article 22a(1); (e) the data referred to in points (d) to (g) of Article 22a(1) of the linked application files relating to the spouse and children. 3. The consultation of the VIS pursuant to paragraphs 1 and 2 of this Article shall be carried out only by the designated national authorities referred to in Article 34(6) of Regulation (EU) No 604/2013. Article 22k Access to VIS data for examining the application for international protection 1. For the sole purpose of examining an application for international protection, the competent asylum authorities shall have access to the VIS in accordance with Article 34 of Regulation (EU) No 604/2013 to search with the fingerprints of the applicant for international protection. Where the fingerprints of the applicant for international protection cannot be used or the search with the fingerprints fails, the search shall be carried out with the data referred to in points (d) to (g) or point (j) of Article 22a(1). However, the facial image shall not be the only search criterion. 2. If the search with the data listed in paragraph 1 of this Article indicates that data on the applicant for international protection is recorded in the VIS, the competent asylum authority shall have access to the VIS to consult the following data of the application file and, as regards the data listed in point (f) of this paragraph, of the linked application files relating to the spouse and children pursuant to Article 22a(4), solely for the purpose referred to in paragraph 1 of this Article: (a) the application number; (b) the data referred to in points (d) to (g) and (i) of Article 22a(1); (c) facial images as referred to in point (j) of Article 22a(1); (d) scans of the biographic data page of the travel document as referred to in point (h) of Article 22a(1); (e) the data entered in respect of any long-stay visa or residence permit issued, withdrawn, revoked, annulled, extended or renewed referred to in Articles 22c, 22e and 22f; (f) the data referred to in points (d) to (g) of Article 22a(1) of the linked application files relating to the spouse and children. 3. The consultation of the VIS pursuant to paragraphs 1 and 2 of this Article shall be carried out only by the designated national authorities referred to in Article 34(6) of Regulation (EU) No 604/2013. CHAPTER IIIb PROCEDURE AND CONDITIONS FOR ACCESS TO THE VIS FOR LAW ENFORCEMENT PURPOSES Article 22l Member States’ designated authorities 1. Each Member State shall designate the authorities which are entitled to consult the VIS data in order to prevent, detect and investigate terrorist offences or other serious criminal offences. The data accessed by those authorities shall only be processed for the purposes of the specific case for which the data have been consulted. 2. Each Member State shall keep a list of its designated authorities and shall communicate that list to the Commission and eu-LISA. Each Member State may at any time amend or replace the list which it communicated and shall inform the Commission and eu-LISA accordingly. 3. Each Member State shall designate a central access point which shall have access to the VIS. The central access point shall verify that the conditions for access to VIS data laid down in Article 22o are fulfilled. The designated authorities and the central access point may be part of the same organisation if permitted under national law, but the central access point shall act fully independently of the designated authorities when performing its tasks under this Regulation. The central access point shall be separate from the designated authorities and shall not receive instructions from them as regards the outcome of the verification which it shall perform independently. Member States may designate more than one central access point to reflect their organisational and administrative structure in the fulfilment of their constitutional or legal requirements. 4. Each Member State shall communicate to the Commission and eu-LISA its central access point and may at any time amend or replace its communication. 5. At national level, each Member State shall keep a list of the operating units within the designated authorities that are authorised to request access to VIS data through the central access point. 6. Only duly empowered staff of the central access point shall be authorised to access VIS data in accordance with Articles 22n and 22o. Article 22m Europol 1. Europol shall designate one of its operating units as ‘Europol designated authority’ and shall authorise it to request access to VIS data through the VIS designated central access point referred to in paragraph 2 in order to support and strengthen action by Member States in preventing, detecting and investigating terrorist offences or other serious criminal offences. The data accessed by Europol shall only be processed for the purposes of the specific case for which the data have been consulted. 2. Europol shall designate a specialised unit with duly empowered Europol officials as the central access point. The central access point shall verify that the conditions for access to VIS data laid down in Article 22r are fulfilled. The central access point shall act independently when performing its tasks under this Regulation and shall not receive instructions from the Europol designated authority as regards the outcome of the verification. Article 22n Procedure for access to VIS data for law enforcement purposes 1. The operating units referred to in Article 22l(5) shall submit a reasoned electronic or written request to the central access points referred to in paragraph 3 of that Article for access to VIS data. Upon receipt of a request for access the central access point shall verify whether the conditions referred to in Article 22o are fulfilled. If the conditions are fulfilled, the central access point shall process the request. The VIS data accessed shall be transmitted to the operating units referred to in Article 22l(5) in such a way as not to compromise the security of the data. 2. In a case of exceptional urgency, where there is a need to prevent an imminent danger to the life of a person associated with a terrorist offence or other serious criminal offence, the central access point shall process the request immediately and shall only verify ex post whether all the conditions of Article 22o are fulfilled, including whether a case of urgency actually existed. The ex post verification shall take place without undue delay and in any event no later than seven working days after the processing of the request. 3. Where an ex post verification reveals that the access to VIS data was not justified, all the authorities that accessed such data shall without delay erase the data accessed from the VIS and shall inform the central access point of the erasure. Article 22o Conditions for access to VIS data by designated authorities of Member States 1. Without prejudice to Article 22 of Regulation (EU) 2019/817 designated authorities shall have access to the VIS for the purposes of consultation where all of the following conditions are met: (a) consultation is necessary and proportionate for the purposes of the prevention, detection or investigation of a terrorist offence or other serious criminal offence; (b) consultation is necessary and proportionate in a specific case; (c) reasonable grounds exist to consider that consultation of VIS data will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation; (d) a query of the CIR was launched in accordance with Article 22 of Regulation (EU) 2019/817 and the reply received as referred to in paragraph 2 of that Article indicates that data is stored in the VIS. 2. The fulfilment of the condition provided for in point (d) of paragraph 1 shall not be required where access to the VIS is needed as a tool to consult the visa history or the periods of authorised stay on the territory of the Member States of a known suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence, or the data category with which the search is conducted is not stored in the CIR. 3. Consultation of the VIS shall be limited to searching with any of the following data in the application file: (a) surname(s) (family name(s)), first name(s) (given name(s)), date of birth, nationality or nationalities and/or sex; (b) type and number of travel document or documents, the country which issued the travel document and date of expiry of the validity of the travel document; (c) visa sticker number or number of the long-stay visa or residence permit and the date of expiry of the validity of the visa, long-stay visa or residence permit, as applicable; (d) fingerprints, including latent fingerprints; (e) facial image. 4. The facial image referred to in point (e) of paragraph 3 shall not be the only search criterion. 5. Consultation of the VIS shall, in the event of a hit, give access to the data listed in paragraph 3 of this Article as well as to any other data taken from the application file, including data entered in respect of any document issued, refused, annulled, revoked, withdrawn, renewed or extended. Access to the data referred to in point (4)(l) of Article 9 as recorded in the application file shall only be given if consultation of that data was explicitly requested in a reasoned request and approved by independent verification. 6. By way of derogation from paragraphs 3 and 5 the data referred to in points (d) and (e) of paragraph 3 of children below the age of 14 shall only be used to search the VIS and, in the case of a hit, shall only be accessed where: (a) necessary for the purposes of the prevention, detection or investigation of a serious criminal offence of which those children are the victim of and to protect missing children; (b) necessary in a specific case; and (c) the use of the data is in the best interest of the child. Article 22p Access to VIS data for identification of persons in specific circumstances 1. By way of derogation from Article 22o(1), designated authorities shall not be required to fulfil the conditions laid down in that paragraph to access the VIS for the purposes of the identification of persons who have gone missing, were abducted or were identified as victims of trafficking in human beings, and in respect of whom there are reasonable grounds to consider that consultation of VIS data will support their identification or contribute in investigating specific cases of human trafficking. In such circumstances, the designated authorities may search in the VIS with the fingerprints of those persons. 2. Where the fingerprints of the persons referred to in paragraph 1 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) to (ca) of Article 9 or points (d) to (g) of Article 22a(1). 3. Consultation of the VIS shall, in the event of a hit, give access to any of the data in Article 9 and Article 22a, as well as to the data in linked application files in accordance with Article 8(3) and (4) or Article 22a(4). Article 22q Use of VIS data for the purpose of entering in the SIS alerts on missing persons or vulnerable persons who need to be prevented from travelling and access to those data 1. VIS data may be used for the purpose of entering in the SIS an alert on missing persons or vulnerable persons who need to be prevented from travelling in accordance with Article 32 of Regulation (EU) 2018/1862. In those cases, the central access point referred to in Article 22l(3) shall ensure the transmission of data through secured means. 2. In the case of a hit against a SIS alert through the use of VIS data as referred to in paragraph 1, child protection authorities and national judicial authorities may request an authority with access to the VIS to grant them access to those data for the purposes of their tasks. Such national judicial authorities shall include those responsible for the initiation of public prosecutions in criminal proceedings and for judicial inquiries prior to charging a person, and their coordinating authorities, as referred to in Article 44(3) of Regulation (EU) 2018/1862. The conditions provided for in Union and national law shall apply. Member States shall ensure that the data are transmitted in a secure manner. Article 22r Procedure and conditions for access to VIS data by Europol 1. Europol shall have access to the VIS for the purposes of consultation where all of the following conditions are met: (a) consultation is necessary and proportionate for the purpose of supporting and strengthening action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling under Europol’s mandate; (b) consultation is necessary and proportionate in a specific case; (c) reasonable grounds exist to consider that consultation of VIS data will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation; (d) a query of the CIR was launched in accordance with Article 22 of Regulation (EU) 2019/817 and the reply received as referred to in paragraph 2 of that Article indicates that data is stored in the VIS. 2. Fulfilment of the condition provided for in point (d) of paragraph 1 shall not be required where access to the VIS is needed as a tool to consult the visa history or the periods of authorised stay on the territory of the Member States of a known suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence, or the data category with which the search is conducted is not stored in the CIR. 3. Consultation of the VIS shall be limited to searching with any of the following data in the application file: (a) surname(s) (family name(s)), first name(s) (given name(s)), date of birth, nationality or nationalities and/or sex; (b) type and number of travel document or documents, the country which issued the travel document and date of expiry of the validity of the travel document; (c) visa sticker number or number of the long-stay visa or residence permit and the date of expiry of the validity of the visa, long-stay visa or residence permit, as applicable; (d) fingerprints, including latent fingerprints; (e) facial image. 4. The facial image referred to in point (e) of paragraph 3 shall not be the only search criterion. 5. Consultation of the VIS shall, in the event of a hit, give access to the data listed in paragraph 3 of this Article as well as to any other data taken from the application file, including data entered in respect of any document issued, refused, annulled, revoked, withdrawn, renewed or extended. Access to the data referred to in point (4)(l) of Article 9 as recorded in the application file shall only be given if consultation of that data was explicitly requested in a reasoned request and approved by independent verification. 6. By way of derogation from paragraphs 3 and 5 the data referred to in points (d) and (e) of paragraph 3 of children below the age of 14 shall only be used to search the VIS and, in the case of a hit, shall only be accessed where: (a) necessary for the purposes of the prevention, detection or investigation of a serious criminal offence of which those children are the victim of and to protect missing children; (b) necessary in a specific case; and (c) the use of the data is in the best interest of the child. 7. Europol’s designated authority may submit a reasoned electronic request for the consultation of all VIS data or a specific set of VIS data to the Europol central access point. Upon receipt of a request for access the Europol central access point shall verify whether the conditions referred to in paragraphs 1 and 2 are fulfilled. If all conditions are fulfilled, the duly authorised staff of the central access point shall process the request. The VIS data accessed shall be transmitted to the Europol designated authority in such a way as not to compromise the security of the data. 8. The processing of data obtained by Europol by consulting VIS data shall be subject to the authorisation of the Member State of origin of the data. That authorisation shall be obtained via the Europol national unit of that Member State. Article 22s Keeping of logs of requests to consult VIS data for the purposes of the prevention, detection and investigation of terrorist offences or other serious criminal offences 1. eu-LISA shall keep logs of all data processing operations within the VIS involving access by the central access points referred to in Article 22l(3) for the purposes of Chapter IIIb. Those logs shall show the date and time of each operation, the data used for launching the search, the data transmitted by the VIS and the name of the authorised staff of the central access points entering and retrieving the data. 2. In addition, each Member State and Europol shall keep logs of all data processing operations within the VIS resulting from requests to consult VIS data or from access to VIS data for the purposes of Chapter IIIb. 3. The logs referred to in paragraph 2 shall show: (a) the exact purpose of the request for consultation of or access to VIS data, including the terrorist offence or other serious criminal offence concerned and, for Europol, the exact purpose of the request for consultation; (b) the decision taken with regard to the admissibility of the request; (c) the national file reference; (d) the date and exact time of the request for access made by the central access point to the VIS; (e) where applicable, the use of the urgency procedure referred to in Article 22n(2) and the outcome of the ex post verification; (f) which of the data or set of data referred to in Article 22o(3) have been used for consultation; and (g) in accordance with national rules or with Regulation (EU) 2016/794, the identifying mark of the official who carried out the search and of the official who ordered the search or transmission of data. 4. The logs referred to in paragraphs 1 and 2 of this Article shall be used only to check the admissibility of the request, monitor the lawfulness of data processing and to ensure data integrity and security. The logs shall be protected by appropriate measures against unauthorised access. They shall be deleted one year after the retention period referred to in Article 23 has expired, if they are not required for monitoring procedures which have already begun. The European Data Protection Supervisor and the competent supervisory authorities shall have access to the logs at their request for the purpose of fulfilling their duties. The authority responsible for checking the admissibility of the request shall also have access to the logs for that purpose. Other than for such purposes, personal data shall be erased in all national and Europol files after a period of one month, unless those data are required for the purposes of the specific ongoing criminal investigation for which they were requested by a Member State or by Europol. Only logs containing non-personal data may be used for the monitoring and evaluation referred to in Article 50. Article 22t Conditions for access to VIS data by designated authorities of a Member State in respect of which this Regulation has not yet been put into effect 1. Access to the VIS for consultation by designated authorities of a Member State in respect of which this Regulation has not yet been put into effect shall take place where such access is: (a) within the scope of the powers of those designated authorities; (b) subject to the same conditions as referred to in Article 22o(1); (c) preceded by a duly reasoned written or electronic request to a designated authority of a Member State to which this Regulation applies; that authority shall then request the national central access point to consult the VIS. 2. A Member State in respect of which this Regulation has not yet been put into effect shall make its data on visas available to Member States to which this Regulation applies, on the basis of a duly reasoned written or electronic request, subject to compliance with the conditions laid down in Article 22o(1).”;