(40)

After Article 22, the following chapters IIIa and IIIb are inserted: CHAPTER IIIa ENTRY AND USE OF DATA ON LONG STAY VISAS AND RESIDENCE PERMITS Article 22a Procedures for entering data upon decision on an application for a long stay visa or residence permit 1. Upon decision on an application for a long stay visa or residence permit, the authority that issued that decision shall create without delay the individual file, by entering the data referred to in Article 22c or Article 22d in the VIS. 1a. The authority competent to issue a decision shall create an individual file before issuing it. [Am. 187] 2. Upon creation of the individual file, the VIS shall automatically launch the query pursuant to Article 22b. 3. If the holder has applied as part of a group or with a family member, the authority shall create an individual file for each person in the group and link the files of the persons having applied together and who were issued a long stay visa or residence permit. Applications from parents or legal guardians shall not be separated from those of their children. [Am. 188] 4. Where particular data are not required to be provided in accordance with Union or national legislation or factually cannot be provided, the specific data field(s) 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 legislation and the cases where they cannot be provided factually. Article 22b Queries to other systems 1. Solely for the purpose of assessing whether the person could pose a threat to the public policy, or internal security or public health of the Member States, pursuant to Article 6(1)(e) of Regulation (EU) 2016/399, the files shall be automatically processed by the VIS to identify hit(s). The VIS shall examine each file individually. [Am. 189] 2. Every time an individual file is created upon issuance or refusal pursuant to Article 22d of 22c in connection with a long-stay visa or residence permit, the VIS shall shall launch a query by using the European Search Portal defined in Article 6(1) of [the Interoperability Regulation (borders and visas) ] to compare the relevant data referred to in Article 22c(2)(a), (b), (c), (f) and (g) of this Regulation. with the relevant data, in The VIS, the Schengen Information System (SIS), the Entry/Exit System (EES), the shall verify: (a) whether the travel document used for the application corresponds to a travel document reported as lost , stolen, misappropriated or invalidated in SIS; (b) whether the travel document used for the application corresponds to a travel document reported as lost, stolen or invalidated in the SLTD database; (c) whether the applicant is subject to a refusal of entry and stay alert entered in SIS; (d) whether the applicant is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS; (e) whether the applicant and the travel Information and document correspond to a refused, revoked or annulled travel authorisation in the ETIAS Central System (ETIAS) including the watchlist; (f) whether the applicant and the travel document are in the watch list referred to in Article 29 34 of Regulation (EU) 2018/XX for the purposes of establishing a European Travel Information and Authorisation System, [the ECRIS-TCN system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned], the Europol data, the Interpol Stolen and Lost 2018/1240; (g) whether data on the applicant is already recorded in VIS on the same person; (h) whether the data provided in the application concerning the travel document database (SLTD), and the Interpol Travel Documents correspond to another application for a long-stay visa or residence permit associated with Notices database (Interpol TDAWN) different identity data; (i) whether the applicant is currently reported as an overstayer or whether he or she has been reported as an overstayer in the past in the EES; (j) whether the applicant is recorded as having been refused entry in the EES; (k) whether the applicant has been subject to a decision to refuse, annul or revoke a short-stay visa recorded in VIS; (l) whether the applicant has been subject to a decision to refuse, annul or revoke a long-stay visa or residence permit recorded in VIS; (m) whether data specific to the identity of the applicant are recorded in Europol data; (n) in cases where the applicant is a minor, whether the applicant's parental authority or legal guardian: (i) is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS; (ii) is subject to a refusal of entry and stay alert in SIS; (iii) holds a travel document in the watch list referred to in Article 34 of Regulation (EU) 2018/1240 . This paragraph must not impede the submission of an application for asylum on any grounds. If a visa application is submitted by a victim of violent crime such as domestic violence or trafficking in human beings committed by their sponsor, the file submitted to VIS shall be separated from that of the sponsor in order to protect the victim from further danger. To avoid the risk of false hits, any query concerning children under the age of 14 or people older than 75 years carried out with biometric identifiers taken more than five years before the match and which that does not confirm the identity the third-country national, shall be subject to a compulsory manual check by experts on biometric data. [Am. 190] 3. The VIS shall add a reference to any hit obtained pursuant to paragraphs (2) and (5) to the individual file. Additionally, the VIS shall identify, where relevant, the Member State(s) that entered or supplied the data having triggered the hit(s) or Europol, and shall record this in the individual file. No information other than the reference to any hit and the originator of the data shall be recorded. [Am. 191] 3a. When querying SLTD, the data used by the user of the ESP to launch a query shall not be shared with the owners of Interpol data. [Am. 192] 4. For the purposes of Article 2(2)(f) in respect of an issued or extended long stay visathe visa the queries carried out under 22bparagraph paragraph 2 of this Article shall compare the relevant data referred to in Article 22c(2), to the data present in the SIS in order to determine whether the holder is subject to one of the following alerts: [Am. 193] (a) an alert in respect of persons wanted for arrest for surrender purposes or extradition purposes; (b) an alert in respect of missing persons; (c) an alert in respect of persons sought to assist with a judicial procedure; (d) an alert on persons and objects for discreet checks or, specific checks or inquiry checks . [Am. 194] Where the comparison referred to in this paragraph reports one or several hit(s), the VIS shall send an automated notification to the central authority of the Member State that launched the request and shall take any appropriate follow-up action. Article 9a(5a), (5b), (5c), (5d), and Articles 9c, 9ca, 9cb shall apply mutatis mutandis subject to the following specific provisions. [Am. 195] 5. As regards the consultation of EES, ETIAS and VIS data pursuant to paragraph 2, the hits shall be limited to indicating refusals of a travel authorisation, of entry or of a visa which are based on security grounds. 6. Where the long stay visa or residence permit is issued or extended by a consular authority of a Member State, Article 9a shall apply. [Am. 196] 7. Where the residence permit is issued or extended or where a long stay visa is extended by an authority in the territory of a Member State, the following apply: (a) that authority shall verify whether the data recorded in the individual file corresponds to the data present in the VIS, or one of the consulted EU information systems/databases, the Europol data, or the Interpol databases pursuant to paragraph 2; (b) where the hit pursuant to paragraph 2 is related to Europol data, the Europol national unit shall be informed for follow up; (c) where the data do not correspond, and no other hit has been reported during the automated processing pursuant to paragraphs 2 and 3, the authority shall delete the false hit from the application file; (d) where the data correspond to or where doubts remain concerning the identity of the applicant, the authority shall take action on the data that triggered the hit pursuant to paragraph 4 according to the procedures, conditions and criteria provided by EU and national legislation. [Am. 197] Article 22c Individual file to be created for a long stay visa or residence permit issued An individual file created pursuant to Article 22a(1) shall contain the following data: (1) the authority which issued the document, including its location; (2) the following data of the holder: (a) surname (family name); first name(s); date year of birth; current nationality or nationalities; sex; date, place and country of birth; [Am. 198] (b) type and number of the travel document and the three letter code of the issuing country of the travel document; (c) the date of expiry of the validity of the travel document; (cc) authority which issued the travel document; (d) in the case of minors, surname and first name(s) of the holder's parental authority or legal guardian; (e) the surname, first name and address of the natural person or the name and address of the employer or any other organisation on which the application was based; (f) a facial image of the holder, where possible taken live; [Am. 199] (g) two fingerprints of the holder, in accordance with the relevant Union and national legislation; (3) the following data concerning the long stay visa or residence permit issued: (a) status information indicating that a long-stay visa or residence permit has been issued; (b) place and date of the decision to issue the long-stay visa or residence permit; (c) the type of document issued (long-stay visa or residence permit); (d) the number of the issued long-stay visa or residence permit; (e) the expiry date of the long-stay visa or residence permit. Article 22d Individual file to be created in certain cases of refusal of a long stay visa or residence permit Where a decision has been taken to refuse a long stay visa or a residence permit because the applicant is considered to pose a threat to public policy, or internal security or to public health or the applicant has presented documents which were fraudulently acquired, or falsified, or tampered with, the authority which refused it shall create without delay an individual file with the following data: [Am. 200] a) surname, surname at birth (former surname(s)); first name(s); sex; date, place and country of birth; b) current nationality and nationality at birth; c) type and number of the travel document, the authority which issued it and the date of issue and of expiry; d) in the case of minors, surname and first name(s) of the applicant's parental authority or legal guardian; e) the surname, first name and address of the natural personon person on whom the application is based; [Am. 201] f) a facial image of the applicant, where possible taken live; [Am. 202] g) two fingerprints of the applicant, in accordance with the relevant Union and national legislation; h) 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, or public security or to public health, or because the applicant presented documents which were fraudulently acquired, or falsified, or tampered with; [Am. 203] i) the authority that refused the long-stay visa or residence permit, including its location; j) place and date of the decision to refuse the long stay-visa or residence permit. Article 22e Data to be added for a long stay visa or residence permit withdrawn 1. here a decision has been taken to withdraw a residence permit or long-stay visa or to shorten the validity period of a long stay visa, the authority that has taken the decision shall add the following data to the individual file: (a) status information indicating that the long-stay visa or residence permit has been withdrawn or, in the case of a long stay visa, that the validity period has been shortened; (b) authority that withdrew the long-stay visa or residence permit or shortened the validity period of the long stay visa, including its location; (c) place and date of the decision; (d) the new expiry date of the validity of the long stay visa, where appropriate; (e) the number of the visa sticker, if the reduced period takes the form of a new visa sticker. 2. The individual file shall also indicate the ground(s) for withdrawal of the long-stay visa or residence permit or shortening of the validity period of the long stay visa, in accordance with point (h) of Article 22d. Article 22f Data to be added for a long stay visa or residence permit extended Where a decision has been taken to extend a residence permit or a long-stay visa, the authority which extended it shall add the following data to the individual file: (a) status information indicating that the long-stay visa or residence permit has been extended; (b) the authority that extended the long-stay visa or residence permit, including its location; (c) place and date of the decision; (d) in the case of a long stay visa, the number of the visa sticker, if the extension of the long-stay visa takes the form of a new visa sticker; (e) the expiry date of the extended period. Article 22 g Access to 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 document holder and/or the authenticity and the validity of the long-stay visa or residence permit and whether the person is not considered to be a threat to public policy, or internal security or public health of any of the Member States in accordance with Article 6(1)(e) of Regulation (EU) 2016/399, the competent authorities for carrying out checks at external border crossing points in accordance with that Regulation shall have access to search using the number of the document in combination with one or several of the data in Article 22c(2)(a), (b) and (c) of this Regulation. [Am. 204] 2. If the search with the data listed in paragraph 1 indicates that data on the document holder are recorded in the VIS, the competent border control authority shall be given access to consult the following data of the individual file, solely for the purposes referred to in paragraph 1: (a) the status information of the long-stay visa or residence permit indicating if it has been issued, withdrawn or extended; (b) data referred to in Article 22c(3)(c), (d), and (e); (c) where applicable, data referred to in Article 22e(1)(d) and (e); (d) where applicable, data referred to in Article 22f(d) and (e); (e) photographs facial images as referred to in Article 22c(2)(f). [Am. 205] Article 22h Access to data for verification within the territory of the Member States 1. For the sole purpose of verifying the identity of the holder and the authenticity and the validity of the long-stay visa or residence permit or whether the person is not a threat to public policy, internal security or public health of any of the Member States ,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 and, as applicable, police authorities, shall have access to search using the number of the long-stay visa or residence permit in combination with one or several of the data in Article 22c(2)(a), (b) and (c). [Am. 206] 2. If the search with the data listed in paragraph 1 indicates that data on the holder are recorded in the VIS, the competent authority shall be given access to consult the following data of the individual file as well as, if applicable, of linked file(s) pursuant to Article 22a(4), solely for the purposes referred to in paragraph 1: (a) the status information of the long-stay visa or residence permit indicating if it has been issued, withdrawn or extended; (b) data referred to in Article 22c(3)(c), (d), and (e); (c) where applicable, data referred to in Article 22e(1)(d) and (e); (d) where applicable, data referred to in Article 22f(d) and (e); (e) photographs facial images as referred to in Article 22c(2)(f). [Am. 207] Article 22i Access to 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 Article 12 of Regulation (EU) No 604/2013, the competent asylum authorities shall have access 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 using the number of the long stay visa or residence permit in combination with the data in Article 22c(2)(a), (b) and (c). 2. If the search with the data listed in paragraph 1 indicates that a long-stay visa or residence permit is recorded in the VIS, the competent asylum authority shall be given access to consult the following data of the application file, and as regards the data listed in point (g) of linked application file(s) of the spouse and children, pursuant to Article 22a(4), for the sole purpose referred to in paragraph 1: (a) the authority that issued or extended the long-stay visa or residence permit; (b) the data referred to in Article 22c(2)(a) and (b); (c) the type of document; (d) the period of validity of the long-stay visa or residence permit; (f) photographs as referred to in Article 22c(2)(f); (g) the data referred to in Article 22c(2)(a) and (b) of the linked application file(s) on 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 27 of Regulation (EU) No 603/2013 of the European Parliament and of the Council (*15). Article 22j Access to 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 in accordance with Article 27 of Regulation (EU) No 603/2013 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 using the number of the long stay visa or residence document in combination with the data in Article 22c(2)(a), (b) and (c), or a combination of data in Article 22d(a), (b), (c) and (f). 2. If the search with the data listed in paragraph 1 indicates that data on the applicant for international protection is recorded in the VIS, the competent asylum authority shall have access to consult, for the sole purpose referred to in paragraph 1, the data entered in respect of any long-stay visa or residence permit issued, refused, withdrawn or whose validity is extended, referred to in Articles 22c, 22d, 22e and 22f of the applicant and of the linked application file(s) of the applicant pursuant to Article 22a(3). 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 27 of Regulation (EU) No 603/2013. CHAPTER IIIb Procedure and conditions for access to the VIS for law enforcement purposes Article 22k Member States' designated authorities 1. Member States shall designate the authorities which are entitled to consult the data stored in the VIS in order to prevent, detect and investigate terrorist offences or other serious criminal offences in appropriate and strictly defined circumstances as referred to in Article 22n . Those authorities shall only be allowed to consult data of children below 12 years of age to protect missing children and children who are victims of serious crimes. [Am. 208] 2. Each Member State shall keep a strictly limited list of the designated authorities. Each Member State shall notify eu-LISA and the Commission of its designated authorities and may at any time amend or replace its notification. [Am. 209] 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 to request access to the VIS laid down in Article 22n are fulfilled. The designated authority 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 notify eu-LISA and the Commission of its central access point and may at any time amend or replace its notification. 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 data stored in the VIS through the central access point(s). 6. Only duly empowered staff of the central access point(s) shall be authorised to access the VIS in accordance with Articles 22m and 22n. Article 22l Europol 1. Europol shall designate one of its operating units as ‘Europol designated authority’ and shall authorise it to request access to the VIS 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. 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 to request access to the VIS laid down in Article 22p are fulfilled. The central access point shall act fully independently when performing its tasks under this Regulation and shall not receive instructions from the Europol designated authority referred to in paragraph 1 as regards the outcome of the verification. [Am. 210] Article 22m Procedure for access to the VIS for law enforcement purposes 1. The operating units referred to in Article 22k(5) shall submit a reasoned electronic or written request to the central access points referred to in Article 22k(3) for access to data stored in the VIS. Upon receipt of a request for access, the central access point(s) shall verify whether the conditions for access referred to in Article 22n are fulfilled. If the conditions for access are fulfilled, the central access point(s) shall process the requests. The VIS data accessed shall be transmitted to the operating units referred to in Article 22k(5) in such a way as to not 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 another serious criminal offence, the central access point(s) shall process the request immediately and shall only verify ex post whether all the conditions of Article 22n 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 7 working days after the processing of the request 3. Where an ex post verification determines that the access to VIS data was not justified, all the authorities that accessed such data shall immediately erase the information accessed from the VIS and shall inform the central access points of the erasure. [Am. 211] Article 22n Conditions for access to VIS data by designated authorities of Member States 1. Without prejudice to Article 22 of Regulation 2018/XX [on interoperability (borders and visas)] designated authorities may access the VIS for consultation if all of the following conditions are met: [Am. 212] (a) access for consultation is necessary and proportionate for the purpose of the prevention, detection or investigation of a terrorist offences or another serious criminal offence; (b) access for consultation is necessary and proportionate in a specific case; (c) reasonable grounds exist to consider that the consultation of the 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; (ca) in case of searches with fingerprints, a prior search has been launched in the automated fingerprint identification system of the other Member States under Decision 2008/615/JHA where comparisons of fingerprints are technically available, and either that search has been fully carried out, or that search has not been fully carried out within 24 hours of being launched. [Am. 213] (d) where a query to the CIR was launched in accordance with Article 22 of Regulation 2018/XX [on interoperability (borders and visas) ], the reply received as referred to in paragraph 5 of [Article 22 of Regulation 2018/XX [on interoperability (borders and visas)]] reveals that data is stored in the VIS." [Am. 214] 2. The condition provided in point (d) of paragraph 1 does not need to be fulfilled for situations where the 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. 3. Consultation of the VIS shall be limited to searching with any of the following data in the application file or individual file: [Am. 215] (a) surname(s) (family name), first name(s) (given names), date year of birth, nationality or nationalities and/or sex; [Am. 216] (b) type and number of travel document or documents, three letter code of the issuing country and date of expiry of the validity of the travel document; (c) visa sticker number or number of the long-stay visa or residence document and the date of expiry of the validity of the visa, long-stay visa or residence document, as applicable; (d) fingerprints, including latent fingerprints; (e) facial image. 3a. The Commission shall present a report to the European Parliament and to the Council on the feasibility, availability, readiness and reliability of the required technology to use facial images to identify a person. [Am. 217] 3b. The facial image referred to in point (e) of paragraph 3 shall not be the only search criterion. [Am. 218] 4. Consultation of the VIS shall, in the event of a hit, give access to the data listed in this paragraph 3 of this Article as well as to any other data taken from the application file or individual file, including data entered in respect of any document issued, refused, annulled, revoked or extended. Access to the data referred to in point (4)(l) of Article 9as 9 as recorded in the application file shall only be given if consultation of that data was explicitely explicitly requested in a reasoned request and approved by independent verification. [Am. 219] Article 22o Access to VIS for identification of persons in specific circumstances By derogation from Article 22n(1), designated authorities shall not be obliged to fulfil the conditions laid down in that paragraph to access the VIS for the purpose of identification of persons , particularly children, who had gone missing, abducted or identified as victims of trafficking in human beings and in respect of whom there are reasonable serious grounds to consider that consultation of VIS data will support their identification, and/or and 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. [Am. 220] Where the fingerprints of those persons cannot be used or the search with the fingerprints fails, the search shall be carried out with the data referred to in points (a) and (b) of Article 9 (4) or points (a) and (b) of Article 22c(2) . [Am. 221] Consultation of the VIS shall, in the event of a hit, give access to any of the data in Article 9, Article 22c or Article 22d, as well as to the data in Article 8(3) and (4) or Article 22a(3) . [Am. 222] Article 22p Procedure and conditions for access to VIS data by Europol 1. Europol shall have access to consult the VIS where all the following conditions are met: (a) the consultation is necessary and proportionate to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling under Europol's mandate; (b) the consultation is necessary and proportionate in a specific case; (c) reasonable grounds exist to consider that the consultation of the 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) where a query to the CIR was launched in accordance with Article 22 of Regulation 2018/XX [on interoperability (borders and visas) ], the reply received as referred to in Article 22(3) of that Regulation reveals that data is stored in the VIS. 2. The conditions laid down in Article 22n(2), (3) and (4) shall apply accordingly. 3. Europol's designated authority may submit a reasoned electronic request for the consultation of all data or a specific set of data stored in the VIS to the Europol central access point referred to in Article 22k(3) 22l(2) . Upon receipt of a request for access the Europol central access point shall verify whether the conditions for access referred to in paragraphs 1 and 2 are fulfilled. If all conditions for access are fulfilled, the duly authorised staff of the central access point(s) shall process the requests. The VIS data accessed shall be transmitted to the operating units referred to in Article 22l(1) in such a way as not to compromise the security of the data. [Am. 223] 4. The processing of information obtained by Europol from consultation with VIS data shall be subject to the authorisation of the Member State of origin. That authorisation shall be obtained via the Europol national unit of that Member State. Article 22q Logging and documentation 1. Each Member State and Europol shall ensure that all data processing operations resulting from requests to access to VIS data in accordance with Chapter IIIc are logged IIIb are recorded or documented for the purposes of checking monitoring the admissibility of the request, monitoring the lawfulness of the data processing and data integrity and security, and possible impact on fundamental rights, and self-monitoring. The records or documents shall be protected by appropriate measures against unauthorised access and erased two years after their creation, unless they are required for monitoring procedures that have already begun. [Am. 224] 2. The log or documentation shall show, in all cases: (a) the exact purpose of the request for access to VIS data, including the terrorist offence or other serious criminal offence concerned and, for Europol, the exact purpose of the request for access; (b) the national file reference; (c) the date and exact time of the request for access by the central access point to the VIS Central System; (d) the name of the authority which requested access for consultation; (e) where applicable, the decision taken with regard to the ex-post verification; (f) the data used for consultation; (g) in accordance with national rules or with Regulation (EU) 2016/794 or, where applicable, Regulation (EU) 2018/1725 , the unique user identity of the official who carried out the search and of the official who ordered the search. [Am. 225] 3. Logs and documentation shall be used only for monitoring the lawfulness of data processing , for monitoring the impact on fundamental rights, and for ensuring data integrity and security. Only logs which do not contain personal data may be used for the monitoring and evaluation referred to in Article 50 of this Regulation. The supervisory authority established in accordance with Article 41(1) of Directive (EU) 2016/680, which is responsible for checking the admissibility of the request and monitoring the lawfulness of the data processing and data integrity and security, shall have access to these logs at its request for the purpose of fulfilling its duties. [Am. 226] Article 22r 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 the following conditions are met: (a) the acces is within the scope of their powers; (b) the acces is subject to the same conditions as referred to in Article 22n(1); (c) the acces is 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(s) to consult the VIS. 2. A Member State in respect of which this Regulation has not yet been put into effect shall make its visa information 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 22n(1). Article 22ra Protection of personal data accessed in accordance with Chapter IIIb 1. Each Member State shall ensure that the national laws, regulations and administrative provisions adopted pursuant to Directive (EU) 2016/680 are also applicable to the access to VIS by its national authorities under this chapter, including in relation to the rights of the persons whose data are so accessed. 2. The supervisory authority referred to in Article 41(1) of Directive (EU) 2016/680 shall monitor the lawfulness of the access to personal data by the Member States in accordance with this Chapter, including their transmission to and from VIS. Article 41(3) and (4) of this Regulation shall apply accordingly. 3. The processing of personal data by Europol pursuant to this Regulation shall be carried out in accordance with Regulation (EU) 2016/794 and shall be supervised by the European Data Protection Supervisor. 4. Personal data accessed in VIS in accordance with this Chapter shall only be processed for the purposes of the prevention, detection or investigation of the specific case for which the data have been requested by a Member State or by Europol. 5. eu-LISA, the designated authorities, the central access points and Europol shall keep logs as referred to in Article 22q of the searches for the purpose of enabling the supervisory authority referred to in Article 41(1) of Directive (EU) 2016/680 and the European Data Protection Supervisor to monitor the compliance of data processing with Union and national data protection rules. With the exception of data held for that purpose, personal data and the records of searches shall be erased from all national and Europol files after 30 days, unless those data and records are required for the purposes of the specific ongoing criminal investigation for which they were requested by a Member State or by Europol. [Am. 227] (*15) Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of ‘Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 180, 29.6.2013, p. 1).’."