Activities of Jaromír ŠTĚTINA related to 2016/0357(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 515/2014, (EU) 2016/399, (EU) 2016/794 and (EU) 2016/1624
Amendments (21)
Amendment 68 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) The ETIAS represents one of the priorities identified in the Bratislava Roadmap of 16 September 2016, signed and agreed by the 27 Heads of State and Government of the Union.
Amendment 69 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The Commission together with the High Representative of the European Union for Foreign Affairs and Security Policy and in cooperation with the Member States should attach high relevance to foreign policy aspects of the establishment of ETIAS and communicate its objectives to the governments of the third countries concerned in a timely and concise manner, emphasizing the fundamental political, legal and practical differences between visa obligation and travel authorisation.
Amendment 70 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5 b) The Commission should launch communication campaigns in the relevant third countries in due time before the ETIAS Regulation enters into force so that travellers will be duly informed about the application process for ETIAS authorisation, the legal remedies available in the event of a refusal as well as about the positive aspects of enabling smooth and faster border crossing for travellers with prior travel authorisation.
Amendment 75 #
Proposal for a regulation
Recital 16
Recital 16
(16) To meet its objectives, the ETIAS should provide an online application form that the applicant should fill in with declarations relating to his or her identity, travel document, residence information, contact details, education and current occupation, his or her condition of family member to EU citizens or third country nationals benefiting from free movement not holding a residence card, if the applicant is minor, identity of the responsible person and answers to a set of background questions (whether or not the applicant is subject to any disease with epidemic potential as defined by the International Health Regulations of the World Health Organisation or other infectious or contagious parasitic diseases, criminal records, presence in war zones, decision to return to borders/orders to leave territory). Access to the applicants' health data should only be allowed to determine whether they represent a threat to public health.
Amendment 79 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) ETIAS should provide application kiosks for applicants at the main departure air terminals and seaports and at major land border crossings.
Amendment 91 #
Proposal for a regulation
Recital 50 – indent 1
Recital 50 – indent 1
- to adopt a predetermined list of answers concerning the questions on the level and field of education, the current occupation and the job title to be indicated in the application for a travel authorisation,
Amendment 93 #
Proposal for a regulation
Recital 50 – indent 3
Recital 50 – indent 3
- to amend the amount of the fee, to lay down the payment methods and process for the travel authorisation fee taking into account the technological developments and their availability and to amend the amount of the fee, in order not to hinder visa-free third country nationals who may not have access to certain payment means when applying for an ETIAS authorization,
Amendment 98 #
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(e a) irregular migration risk means the risk of a third country national not fulfilling the conditions of entry and stay as set out in Article 6 of Regulation (EU) 2016/399 of the European Parliament and of the Council.
Amendment 99 #
Proposal for a regulation
Article 3 – paragraph 1 – point e b (new)
Article 3 – paragraph 1 – point e b (new)
(e b) security risk means a risk of a threat to public policy, internal security or international relations of any of the Member States;
Amendment 102 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Applicants shall lodge an application by filling in the online application form via the dedicated public website or, via the mobile app for web devices or where applicable via application kiosks, sufficiently in advance of any intended travel.
Amendment 107 #
Proposal for a regulation
Article 15 – paragraph 2 – point h
Article 15 – paragraph 2 – point h
Amendment 112 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The applicant shall choose the level and field of education, the current occupation and the job title from a predetermined list. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to lay down these predetermined lists.
Amendment 114 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 on the payment methods and process for the travel authorisation fee and on changes to the amount of that fee. The Commission shall take into account technological developments and their availability, in order not to hinder visa-free third country nationals who may not have access to certain payment means when applying for an ETIAS authorization.
Amendment 123 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. In any case, Europol shall not have access to the personal data concerning the education of the applicant as referred to in Article 15(2)(h) and the health of the applicant as referred to in Article 15(4)(a).
Amendment 134 #
Proposal for a regulation
Article 28 – paragraph 4 – point c
Article 28 – paragraph 4 – point c
Amendment 139 #
2. A travel authorisation shall be valid for fivthree years or until the end of validity of the travel document registered during application, whichever comes first, and shall be valid for the territory of the Member States.
Amendment 142 #
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
4. Consultation of the ETIAS Central System shall, in the event of a hit with data recorded in an application file, give access to the data referred to in Article 15(2)(a) to (g) and (j) to (m) as recorded in that application file as well as to data entered in that application file in respect of the issuing, refusal, revocation or annulment of a travel authorisation in accordance with Articles 33 and 37. Access to the data referred to in Article 15(2)(i) and in (4) (b) to (d) as recorded in the application file shall only be given if consultation of that data was explicitly requested by the operating units in the reasoned electronic request submitted under Article 44(1) and approved by the independent verification. Consultation of the ETIAS Central System shall not give access to data concerning the education as referred to in Article 15(2)(h) or on whether or not the applicant may pose a public health risk as referred to in Article 15(4)(a).
Amendment 145 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
The Commission shall, in cooperation with the ETIAS Central Unit, and the Member States, accompanylaunch well in advance before the start of the ETIAS operation with an information campaign, to inform third country nationals falling within the scope of this Regulation of their travel authorisation requirement to be in possession of a valid travel authorisation for crossing the external borders.
Amendment 146 #
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. The infrastructures supporting the public website, the mobile app, the kiosks and the carrier gateway shall be hosted in eu-LISA' sites or in Commission sites. These infrastructures shall be geographically distributed to provide the functionalities laid down in this Regulation in accordance with the conditions of security, availability, quality and speed laid down in paragraph 3.
Amendment 147 #
Proposal for a regulation
Article 64 – paragraph 1 – subparagraph 1
Article 64 – paragraph 1 – subparagraph 1
Following the entry into operations of the ETIAS, eu-LISA shall be responsible for the technical management of the Central System and the National Uniform Interfaces. It shall ensure, in cooperation with the Member States, at all times the best available technology, subject to a cost- benefit analysis. eu-LISA shall also be responsible for the technical management of the Communication Infrastructure between the Central system and the National Uniform Interfaces as well as for the public website, the mobile app for mobile devices, the kiosks, the email service, the secure account service, the carrier gateway, the web service and the software to process the applications referred to in Article 6.
Amendment 151 #
Proposal for a regulation
Article 73 – paragraph 1 – point d
Article 73 – paragraph 1 – point d