69 Amendments of Angelika MLINAR related to 2016/0357A(COD)
Amendment 163 #
Proposal for a regulation
Recital 2
Recital 2
(2) Indeed, the Communication of 6 April 2016 identified a series of information gaps. Amongst them the fact that border authorities at external Schengen borders have no information on travellers exempt from the requirement of being in possession of a visa when crossing the external borders. The Communication of 6 April 2016 announced that the Commission would launch a study on the feasibility of establishing a European Travel Information and Authorisation System (ETIAS). Such an automated system would determine the eligibility of visa-exempt third country nationals prior to their travel to the Schengen Area, and whether such travel poses a security or irregular migration risk.
Amendment 181 #
Proposal for a regulation
Recital 9
Recital 9
(9) The ETIAS should establish a travel authorisation for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement') enabling to determine whether their presence in the territory of the Member States does not pose an irregular migration, security or public health security risk. Holding a valid travel authorisation should be a new entry condition for the territory of the Member States, however mere possession of a travel authorisation should not confer an automatic right of entry.
Amendment 187 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 217 #
Proposal for a regulation
Recital 19
Recital 19
(19) Most of the travel authorisations should be issued within minutes, however a reduced number could take up to 7248 hours. For exceptional cases, where a request for additional information or documentation is notified to the applicant, the procedure could last up to twoone weeks.
Amendment 235 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 245 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 288 #
Proposal for a regulation
Recital 40
Recital 40
(40) The personal data recorded in the ETIAS should be kept for no longer than is necessary for its purposes. In order for the ETIAS to function, it is necessary to keep the data related to applicants for the period of validity of the travel authorisation. In order to assess the security, irregular migration and public health risks posed by the applicants it is necessary to keep the personal data for five years from the last entry record of the applicant stored in the EES. In fact, the ETIAS should rely on accurate preliminary assessments of the security, public health and irregular migration risks, notably through the use of the screening rules. In order to constitute a reliable basis for the manual risk assessment by the Member States, and reduce to the minimum the occurrence of hits not corresponding to real risks ('false positives'), the hits resulting from screening rules based on statistics generated by ETIAS data itself need to be representative of a sufficiently broad population. This cannot be achieved exclusively on the basis of the data of the travel authorisations in their validity period. The retention period should start from the last entry record of the applicant stored in the EES, since that constitutes the last actual use of the travel authorisation. A retention period of five years corresponds to the retention period of an EES record with an entry authorisation granted on the basis of an ETIAS travel authorisation or a refusal of entry. This synchronisation of retention periods ensures that both the entry record and the related travel authorisation are kept for the same duration and is an additional element ensuring the future interoperability between ETIAS and EES. This synchronisation of data retention periods is necessary to allow the competent authorities to perform the risk analysis requested by the Schengen Borders Code. A decision to refuse, revoke or annul a travel authorisation could indicate a higher security or irregular migration risk posed by the applicant. Where such a decision has been issued, the 5 years retention period for the related data should start from its date of issuance, in order for ETIAS to be able to take accurately into account the higher risk possibly posed by the applicant concerned. After the expiry of such period, the personal data should be deleted.
Amendment 303 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to assess the security, irregular migration or public health risk which could be posed by a traveller, interoperability between the ETIAS Information System and other information systems consulted by ETIAS such as the Entry/Exit System (EES), the Visa Information System (VIS), the Europol data, the Schengen Information System (SIS), the Eurodac and the European Criminal Records Information System (ECRIS) should have to be established. However this interoperability can only be fully ensured once the proposals to establish the EES33 , the ECRIS34 and the recast proposal of the Eurodac Regulation35 have been adopted. _________________ 33 Proposal for a Regulation of the European Parliament and of the Council establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes and amending Regulation (EC) No 767/2008 and Regulation (EU) COM(2016) 194 final. 34 Proposal for a Directive of the European Parliament and of the Council amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA. 35 Proposal for a Regulation of the European Parliament and of the Council 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] , for identifying an illegally staying third- country national or stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes (recast) COM(2016) 272 final.
Amendment 314 #
Proposal for a regulation
Recital 50 – indent 5
Recital 50 – indent 5
Amendment 322 #
Proposal for a regulation
Recital 54
Recital 54
(54) The projected costs for the development of the ETIAS Information System and for the establishment of the ETIAS Central Unit and the ETIAS National Units are lower than the remaining amount on the budget earmarked for Smart Borders in Regulation (EU) No 515/2014 of the European Parliament and the Council37 . Accordingly, this Regulation, pursuant to Article 5(5)(b) of Regulation (EU) No 515/2014, should, re- allocate the amount currently attributed for developing IT systems supporting the management of migration flows across the external borders. _________________ 37 Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing as part of the Internal Security Fund, the Instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).
Amendment 331 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a 'European Travel Information and Authorisation System' (ETIAS) for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement') enabling to determine whether their presence in the territory of the Member States does not pose an irregular migration, security or public health security risk. For this purpose a travel authorisation and the conditions and procedures to issue or refuse it are introduced.
Amendment 356 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) 'travel authorisation' means a decision issued in accordance with this Regulation indicating that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the Member States poses an irregular migration, or a security or public health risk and which is a requirement for third country nationals referred to in Article 2 to fulfil the entry condition laid down in Article 6(1)(b) of Regulation (EU) 2016/399.
Amendment 367 #
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) 'hit' means the existence of a correspondence established by comparing the personal data recorded in an application file of the ETIAS Central System with the personal data stored in a record, file or alert registered in an information system queried by the ETIAS Central System, or in the ETIAS watchlist or with the specific risk indicators referred to in Article 28;
Amendment 380 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 393 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) verifying travel authorisations' applications rejected from the automated process in order to determine whether the applicant personal data corresponds to the personal data of the person having triggered a hit in one of the consulted information systems/databases or the specific risk indicators referred to in Article 28;
Amendment 395 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
Amendment 404 #
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) carrying out regular audits on the processing of applications and on the implementation of the provisions of Article 28 including regularly assessing their impact on fundamental rights, in particular with regard to privacy and personal data protection.
Amendment 422 #
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 450 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Processing of personal data within the ETIAS Information System by any user shall not result in direct or indirect discrimination against third country nationals on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. It shall fully respect human dignity and integrity. Particular attention shall be paid to children, the elderly and persons with a disability.
Amendment 453 #
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 sufficiently in advance of any intended travel.
Amendment 475 #
Proposal for a regulation
Article 15 – paragraph 2 – point h
Article 15 – paragraph 2 – point h
Amendment 485 #
Proposal for a regulation
Article 15 – paragraph 2 – point i
Article 15 – paragraph 2 – point i
(i) current occupational status;
Amendment 497 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 501 #
Proposal for a regulation
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
Amendment 506 #
Proposal for a regulation
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
(b) whether he or she has ever been convicted of any serious criminal offence in any countryas defined in Article 3, points (l) and (m) of this Regulation;
Amendment 516 #
Proposal for a regulation
Article 15 – paragraph 4 – point d
Article 15 – paragraph 4 – point d
(d) regarding any decision requiring him or her to leave the territory of a Member State or of any other country or whether he or she was subject to any return decision issued over the last tenfive years.
Amendment 527 #
Proposal for a regulation
Article 15 – paragraph 8
Article 15 – paragraph 8
Amendment 565 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 586 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The ETIAS Central Unit shall verify whether the data recorded in the application file corresponds to the data present in one of the consulted information systems/databases, or the ETIAS watchlist referred to in Article 29 or the specific risk indicators referred to in Article 28.
Amendment 604 #
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 2
Article 21 – paragraph 3 – subparagraph 2
Amendment 607 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 615 #
Proposal for a regulation
Article 21 – paragraph 5 – point c – point iii
Article 21 – paragraph 5 – point c – point iii
iii) fivetwo years from the last decision to refuse, revoke or annul the travel authorisation in accordance with Articles 31, 34 and 35.
Amendment 635 #
Proposal for a regulation
Article 22 – paragraph 4 – point b
Article 22 – paragraph 4 – point b
(b) where the hit corresponds to one or several of the categories laid down in Article 18(2)(d) to (m), assess the security or irregular migration risk and decide whether to issue or refuse a travel authorisation.
Amendment 643 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Where the automated processing laid down in Article 18(3) has reported that the applicant replied affirmatively to one of the questions referred to in Article 15(4), the ETIAS National Unit of the responsible Member State shall assess the irregular migration, security or public healthsecurity risk and decide whether to issue or refuse a travel authorisation.
Amendment 653 #
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. Where the automated processing laid down in Article 18(5) has reported a hit, the ETIAS National Unit of the responsible Member State shall assess the irregular migration, security or public healthsecurity risk and decide whether to issue or refuse a travel authorisation.
Amendment 669 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. The ETIAS National Unit shall process the additional information or documentation within 7248 hours of the date of the submission by the applicant.
Amendment 697 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
Within 7248 hours of the date of the lodging of an application which is admissible in accordance with Article 17, the applicant shall receive a notification indicating:
Amendment 702 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Applications shall be decided on no later than 7248 hours after the lodging of an application which is admissible in accordance with Article 17.
Amendment 706 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Exceptionally, when a request for additional information or documentation is notified, the period laid down in paragraph 1 shall be extended in accordance with Article 23. Such application shall in all cases be decided on no later than 7248 hours after the submission of the additional information or documentation by the applicant.
Amendment 707 #
Proposal for a regulation
Chapter 5 – title
Chapter 5 – title
The ETIAS screening rules and the ETIAS watchlist
Amendment 709 #
Proposal for a regulation
Article 28
Article 28
Amendment 711 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
Amendment 717 #
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. The irregular migration, security or public healthsecurity risks shall be determined on the basis of:
Amendment 722 #
Proposal for a regulation
Article 28 – paragraph 2 – point a
Article 28 – paragraph 2 – point a
(a) [statistics generated by the EES indicating abnormal rates of overstayers and refusals of entry for a specific group of travellers; ]
Amendment 723 #
Proposal for a regulation
Article 28 – paragraph 2 – point b
Article 28 – paragraph 2 – point b
(b) statistics generated by the ETIAS in accordance with Article 73 indicating abnormal rates of refusals of travel authorisations due to an irregular migration, security or public health risk associated with a specific group of travellerssecurity risk;
Amendment 729 #
Proposal for a regulation
Article 28 – paragraph 2 – point e
Article 28 – paragraph 2 – point e
(e) information provided by Member States concerning abnormal rates of overstayers and refusals of entry for a specific group of travellers for that Member State;
Amendment 732 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 740 #
Proposal for a regulation
Article 28 – paragraph 4 – point c
Article 28 – paragraph 4 – point c
Amendment 744 #
Proposal for a regulation
Article 28 – paragraph 4 – point d
Article 28 – paragraph 4 – point d
(d) current occupoccupational situation.
Amendment 754 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The ETIAS watchlist shall consist of data related to persons who are suspected of having committed or taken part in a serious criminal offence or persons regarding whom it has been assessed that there are factual indications or reasonable grounds to believsuppose that they will commit criminal offences.
Amendment 760 #
Proposal for a regulation
Article 29 – paragraph 3 – point g
Article 29 – paragraph 3 – point g
Amendment 761 #
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. The applicant should be informed by the Member State responsible of his or her registration in the watchlist.
Amendment 769 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the examination of an application pursuant to the procedures laid down in Chapters III, IV and V indicates that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the Member States poses an irregular migration, security or public health risk, a travel authorisation shall be issued by the ETIAS Central System or the ETIAS National Unit of the responsible Member State.
Amendment 784 #
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Amendment 789 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point b
Article 31 – paragraph 1 – subparagraph 1 – point b
Amendment 798 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point d
Article 31 – paragraph 1 – subparagraph 1 – point d
Amendment 858 #
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. A travel authorisation with limited territorial validity shall be valid for the territory of the issuing Member State and for a maximum of 1530 days.
Amendment 922 #
Proposal for a regulation
Article 45 – paragraph 2 – point f
Article 45 – paragraph 2 – point f
Amendment 924 #
Proposal for a regulation
Article 45 – paragraph 3 – point c
Article 45 – paragraph 3 – point c
(c) date of birth or age range.
Amendment 944 #
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
(b) [fivetwo years from the last entry record of the applicant stored in the EES; or]
Amendment 948 #
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
(c) fivetwo years from the last decision to refuse, revoke or annul the travel authorisation in accordance with Articles 31, 34 and 35.
Amendment 957 #
Proposal for a regulation
Article 48 a (new)
Article 48 a (new)
Article 48 a Remedies 1. Any person may bring an action before the courts or the authority competent under the law of any Member State to access, correct, delete or obtain information or to obtain compensation in connection with a refusal of the authorization. 2. The Member States undertake mutually to enforce final decisions handed down by the courts or authorities referred to in paragraph 1. 3. The rules on remedies provided for in this Article shall be evaluated by the Commission by 2 years from the entry into force of this Regulation.
Amendment 980 #
Proposal for a regulation
Article 54 – paragraph 2 – subparagraph 3
Article 54 – paragraph 2 – subparagraph 3
Where a travel authorisation is amended by the ETIAS Central Unit or an ETIAS National Unit during its validity period, the ETIAS Central System shall carry out the automated processing laid down in Article 18 to determine whether the amended application file triggers a hit pursuant to Article 18(2) to (5). Where the automated processing does not report any hit, the ETIAS Central System shall issue an amended travel authorisation with the same validity of the original and notify the applicant. Where the automated processing reports one or several hit(s), the ETIAS National Unit of the Member State of first entry as declared by the applicant in accordance with Article 15(2)(j) shall assess the irregular migration, security or public healthsecurity risk and shall decide whether to issue an amended travel authorisation or, where it concludes that the conditions for granting the travel authorisation are no longer met, revoke the travel authorisation.
Amendment 1020 #
Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 3
Article 63 – paragraph 3 – subparagraph 3
eu-LISA shall develop and implement the Central System, the National Uniform Interfaces, and the Communication Infrastructure as soon as possible after the entry into force of this Regulation and the adoption by the Commission of the measures provided for in Article 15(2) and (4), Article 16(4), Article 28(5), Article 39(3), Article 40(2) and Article 72(1) and (4).
Amendment 1048 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 1
Article 73 – paragraph 2 – subparagraph 1
For the purpose of paragraph 1, eu-LISA shall establish, implement and host a central repository containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics to improve the assessment of the irregular migration, security and healthsecurity risks, to enhance the efficiency of border checks, to help the ETIAS Central Unit processing the travel authorisation applications and to support evidence- based Union migration policymaking. The repository shall also contain daily statistics on the data referred to in paragraph 4. Access to the central repository shall be granted by means of secured access through S-TESTA with control of access and specific user profiles solely for the purpose of reporting and statistics.
Amendment 1065 #
Proposal for a regulation
Article 77 – paragraph 1 – point a
Article 77 – paragraph 1 – point a
(a) the measures referred to in Article 15(3) and (4), Article 16(4), Article 28(3), Article 39(3), Article 40(2), Article 72(1) and (5) and Article 73(2) have been adopted;
Amendment 1068 #
Proposal for a regulation
Article 78 – paragraph 2
Article 78 – paragraph 2
2. The power to adopt delegated acts referred to in Article 15(3) and (4), Article 16(4), Article 28(3) and Article 72(1) and (5) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Regulation].
Amendment 1071 #
Proposal for a regulation
Article 78 – paragraph 3
Article 78 – paragraph 3
3. The delegation of power referred to in Article 15(3) and (4), Article 16(4), Article 28(3) and Article 72(1) and (5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 1073 #
Proposal for a regulation
Article 78 – paragraph 5
Article 78 – paragraph 5
5. A delegated act adopted pursuant to Article 15(2) and (4), Article 16(4), Article 28(3) and Article 72(1) and (4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [two months] at the initiative of the European Parliament or of the Council.