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Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification) article 8a CELEX: 02016R0399-20240710 Use of self-service systems for pre-enrolling data in the EES
1. Persons whose border crossing is subject to a registration in the EES in accordance with Article 6a may use self-service systems for the purpose of pre-enrolling in the EES the data referred in point (a) of paragraph 4 of this Article, provided that all of the following conditions are fulfilled: (a) the travel document contains an electronic storage medium (chip) and the authenticity and integrity of the chip data are confirmed using the complete valid certificate chain; (b) the travel document contains a facial image recorded in the electronic storage medium (chip) which can be technically accessed by the self-service system so as to verify the identity of the holder of the travel document by comparing the facial image recorded in the electronic storage medium (chip) with his or her live facial image; if technically and legally possible, this verification may be done by verifying the live fingerprints against the fingerprints recorded in the electronic storage medium (chip) of the travel document. |
Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification) article 8a CELEX: 02016R0399-20240710 2. Pursuant to paragraph 1 of this Article, the self-service system shall verify whether the person has a previous registration in the EES and shall verify the identity of the third-country national in accordance with Article 23(2) of Regulation (EU) 2017/2226. 3. In accordance with Article 23(4) of Regulation (EU) 2017/2226, the self-service system shall carry out an identification in accordance with Article 27 of that Regulation.
In addition, in accordance with Articles 23(4) of the Regulation (EU) 2017/2226, where an identification in the EES is carried out: (a) for third-country nationals who are subject to a visa requirement to cross the external borders, if the search in the VIS with the data referred to in Article 18(1) of Regulation (EC) No 767/2008 indicates that the person is recorded in the VIS, a verification of fingerprints against the VIS data shall be carried out in accordance with Article 18(6) of Regulation (EC) No 767/2008. Where a verification of the person pursuant to paragraph 2 of this Article has failed, the VIS data shall be accessed for identification in accordance with Article 20 of Regulation (EC) No 767/2008; |
Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification) article 8a CELEX: 02016R0399-20240710 (b) for third-country nationals who are not subject to a visa requirement to cross the external borders and who are not found in the EES further to the identification run in accordance with Article 27 of Regulation (EU) 2017/2226, the VIS shall be consulted in accordance with Article 19a of Regulation (EC) No 767/2008. |
Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification) article 8a CELEX: 02016R0399-20240710 4. In the event that data concerning the person referred to in paragraph 1 of this Article are not recorded in the EES pursuant to paragraphs 2 and 3: (a) third-country nationals who are subject to a visa requirement to cross the external borders shall pre-enrol in the EES through the self-service system the data listed under Article 16(1) and Article 16(2)(c) to (f) of Regulation (EU) 2017/2226 and, where relevant, the data referred to under Article 16(6) of that Regulation, and third-country nationals who are not subject to a visa requirement to cross the external borders shall pre-enrol in the EES through the self-service system the data listed under Articles 17(1)(a), (b) and (c) and 16(2)(c) of that Regulation and, where relevant, the data referred to in Article 17(1)(d) of that Regulation; (b) subsequently, the person shall be referred to a border guard who shall: (i) pre-enrol the data concerned, where it was not possible to collect all the required data through the self-service system; (ii) verify: — that the travel document used at the self service system corresponds to the one held by the person in front of the border guard, — that the live facial image of the person concerned corresponds to the facial image that was collected though the self service system, and — for persons who do not hold a visa required pursuant to Regulation (EC) No 539/2001, that the live fingerprints of the person concerned correspond to the fingerprints that were collected though the self-service system; (iii) when the decision to authorise or refuse entry has been taken, confirm the data referred to in point (a) of this paragraph and enter in the EES the data referred to in Articles 16(2)(a) and (b) and 18(6)(a), (b), (c) and (d) of Regulation (EU) 2017/2226. |
Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification) article 8a CELEX: 02016R0399-20240710 5. Where the operations provided for in paragraphs 2 and 3 indicate that data on the person referred to in paragraph 1 are recorded in the EES, the self-service system shall assess whether any of the data referred to in paragraph (4)(a) need to be updated. 6. Where the assessment referred to in paragraph 5 reveals that the person referred to in paragraph 1 has an individual file registered in the EES but that his or her data need to be updated, the person shall: (a) update the data in the EES by pre-enrolling them through the self-service system; (b) be referred to a border guard who shall verify the correctness of the update under point (a) of this paragraph and, when the decision to authorise or refuse entry has been taken, update the individual file in accordance with Article 14(2) of Regulation (EU) 2017/2226. 7. Self-service systems shall be operated under the supervision of a border guard who shall be in charge of detecting any inappropriate, fraudulent or abnormal use of the self-service system. |