Activities of Jan Philipp ALBRECHT related to 2016/0357A(COD)
Shadow reports (1)
REPORT 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 and (EU) 2016/1624 PDF (1 MB) DOC (285 KB)
Amendments (174)
Amendment 147 #
Proposal for a regulation
–
–
The European Parliament rejects the Commission proposal.
Amendment 170 #
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to specify the objectives of the European Travel Information and Authorisation System (ETIAS), to define its technical architecture, to set up the ETIAS Central Unit, the ETIAS National Units and the ETIAS ScreeningAssessment Board, to lay down rules concerning the operation and the use of the data to be entered into the system by the applicant, to establish rules on the issuing or refusal of the travel authorisations, to lay down the purposes for which the data are to be processed, to identify the authorities authorised to access the data and to ensure protection of personal data.
Amendment 177 #
Proposal for a regulation
Recital 8
Recital 8
(8) The right to obtain a travel authorisation is not unconditional as it can be denied to those family members who represent a risk to public policy, public security or public health pursuant to Directive 2004/38/EC. Against this background, family members can be required to provide their personal data related to their identification and their status only insofar these are relevant for assessment of the security threat they could represent. Similarly, examination of their travel authorisation applications should be made exclusively against the security concerns, and not those related to migration risks.
Amendment 178 #
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 risk threat to security. 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 189 #
Proposal for a regulation
Recital 10
Recital 10
(10) The ETIAS should contribute to a high level of security, to the prevention of irregular migration and to the protection of public health by providing an assessment of visitors prior to their arrival at the external borders crossing points.
Amendment 201 #
Proposal for a regulation
Recital 14
Recital 14
(14) The ETIAS Central Unit should be part of the European Border and Coast Guard Agency. The ETIAS Central Unit should be responsible for 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, for the screening rules, and for carrying out regular audits on the processing of applications. The ETIAS Central Unit should work in 24/7 regime.
Amendment 206 #
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 healthcriminal records, presence in war zones, decision to return to borders/orders to leave territory).
Amendment 210 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 220 #
Proposal for a regulation
Recital 20
Recital 20
(20) The personal data provided by the applicant should be processed by the ETIAS for the sole purposes of verifying in advance the eligibility criteria laid down in Regulation (EU) 2016/39924 and assessing whether the applicant is likely to irregularly migrate, whether the entry of the applicant in the Union could pose a threat to security or to public health in the Union. _________________ 24 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)in the Union.
Amendment 224 #
Proposal for a regulation
Recital 21
Recital 21
(21) The assessment of such risks cannot be carried out without processing the personal data listed in recital (16). Each item of personal data in the applications should be compared with the data present in a record, file or alert registered in an information system (the Schengen Information System (SIS), the Visa Information System (VIS), the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD), the Entry/Exit System (EES), the Eurodac, the European Criminal Records Information System (ECRIS) and/or the Interpol Travel Documents Associated with Notices database (Interpol TDAWN)) or against the ETIAS watchlists, or against specific risk indicators. The categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems, the ETIAS watchlist or the specific risk indicators.
Amendment 227 #
Proposal for a regulation
Recital 22
Recital 22
(22) The comparison should take place by automated means. Whenever such comparison reveals that a correspondence (a 'hit') exists with any of the personal data or combination thereof in the applications and a record, file or alert in the above information systems, or with personal data in the ETIAS watchlist, or with risk indicators, the application should be processed manually by an operator in the ETIAS National Unit of the Member State of declared first entry. The assessment performed by the ETIAS National Unit should lead to the decision to issue or not the travel authorisation.
Amendment 232 #
Proposal for a regulation
Recital 24
Recital 24
(24) Applicants who have been refused a travel authorisation should have the right to appeal. Appealn effective remedy. Remedy procedures should be conducted in the Member State that has taken the decision on the application and in accordance with the national law of that Member State, which should include the possibility for a judicial remedy.
Amendment 234 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 242 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 247 #
Proposal for a regulation
Recital 27
Recital 27
(27) The continuous emergence of new forms of security threats, new patterns of irregular migration and public health threats requires effective responses and needs to be countered with modern means. Since these means entail the processing of important amounts of personal data, appropriate safeguards should be introduced to keep the interference with the right to protection of private life and to the right of protection of personal data limited to what is necessary in a democratic society.
Amendment 252 #
Proposal for a regulation
Recital 29
Recital 29
(29) Issued travel authorisations should be annulled or revoked as soon as it becomes evident that the conditions for issuing it were not or are no longer met. In particular, when a new SIS alert is created for a refusal of entry or for a reported lost or stolen travel document, the SIS should inform the ETIAS which should verify whether this new alert corresponds to a valid travel authorisation. In such a case, the ETIAS National Unit of the Member State having created the alert should be immediately informed and revoke the travel authorisation. Following a similar approach, new elements introduced in the ETIAS watchlist shall be compared with the application files stored in the ETIAS in order to verify whether this new element corresponds to a valid travel authorisation. In such a case, the ETIAS National Unit of the Member State of first entry should assess the hit and, where necessary, revoke the travel authorisation. A possibility to revoke the travel authorisation at the request of the applicant should also be provided.
Amendment 259 #
Proposal for a regulation
Recital 30
Recital 30
(30) When, in exceptional circumstances, a Member State considerit is necessary to allow a third country national to travel to its territory on humanitarian grounds, for reasons of national interest or because of international obligations, it should have thbe possibilityle to issue a travel authorisation with limited territorial and temporal validity.
Amendment 264 #
Proposal for a regulation
Recital 31
Recital 31
(31) Prior to boarding, air and sea carriers, as well as carriers transporting groups overland by coachcarriers should have the obligation to verify if travellers have all the travel documents required for entering the territory of the Member States pursuant to the Schengen Convention25 . This should include verifying that travellers are in possession of a valid travel authorisation. The ETIAS file itself should not be accessible to carriers. A secure internet access, including the possibility using mobile technical solutions, should allow carriers to proceed with this consultation using travel document data. _________________ 25 Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders.
Amendment 269 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 272 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 275 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 278 #
Proposal for a regulation
Recital 36
Recital 36
Amendment 280 #
Proposal for a regulation
Recital 37
Recital 37
Amendment 282 #
Proposal for a regulation
Recital 38
Recital 38
Amendment 284 #
Proposal for a regulation
Recital 39
Recital 39
Amendment 290 #
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 riskA decision to refuse, revoke or annul a travel authorisation could indicate a possible threat to security posed by the applicant. Where such a decision has been issued, the 5one 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 possiblypossible threat posed by the applicant concerned. After the expiry of such period, the personal data should be deleted.
Amendment 296 #
Proposal for a regulation
Recital 42
Recital 42
(42) Regulation (EC) No 45/2001 of the European Parliament and the Council30 applies to the activities of eu-LISA, Europol and the European Coast and Border Guard Agency when carrying out the tasks entrusted to them in this Regulation. _________________ 30 Regulation (EC) No 45/2001 of the European Parliament and the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
Amendment 298 #
Proposal for a regulation
Recital 43
Recital 43
(43) [Regulation (EU) 2016/679]31 applies to the processing of personal data by the Member States in application of this Regulation unless such processing is carried out by the designated or verifying authorities of the Member States for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences. ETIAS National Units for the purposes of the prevention of threats to public security. _________________ 31 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Amendment 299 #
Proposal for a regulation
Recital 44
Recital 44
(44) The processing of personal data by the authorities of the Member StateETIAS National Units for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences of threats to public security pursuant to this Regulation should be subject to a standard of protection of personal data under their national law which complies with [Directive (EU) 2016/680]32 . _________________ 32 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA.
Amendment 301 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to assess the security, irregular migration or public health riskthreat to security 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, and 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 havehas 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 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.Regulation of the
Amendment 310 #
Proposal for a regulation
Recital 50 – indent 1
Recital 50 – indent 1
Amendment 312 #
Proposal for a regulation
Recital 50 – indent 3
Recital 50 – indent 3
Amendment 313 #
Proposal for a regulation
Recital 50 – indent 5
Recital 50 – indent 5
Amendment 324 #
Proposal for a regulation
Recital 55
Recital 55
Amendment 332 #
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 determineassess whether their presence in the territory of the Member States does not pose an irregular migration, security or public health risk threat to security. For this purpose a travel authorisation and the conditions and procedures to issue or refuse it are introduced.
Amendment 336 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 355 #
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 groundreasonable grounds based on factual indications to conclude that the presence of the person on the territory of the Member States poses an irregular migration, threat to 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 359 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 360 #
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) 'threat to security' means a clear and present danger, based on factual substantiations, that the third country national will commit a serious criminal offence or a terrorist offence while staying in the Union;
Amendment 362 #
Proposal for a regulation
Article 3 – paragraph 1 – point h a (new)
Article 3 – paragraph 1 – point h a (new)
(ha) 'carrier' means any natural or legal person whose profession it is to provide transport of persons by air;
Amendment 366 #
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, in the ETIAS watchlist or with the specific risk indicators referred to in Article 28;
Amendment 371 #
Proposal for a regulation
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) 'Europol data' means personal data provided to Europol for the purpose referred to in Article 18(2)(a)(i) of Regulation (EU) 2016/794.
Amendment 376 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) contribute to a high level of security by providing for a thorough security riskthreat assessment of applicants, prior to their arrival at the external borders crossing points, in order to determine whether there are factual indications or reasonable groundreasonable grounds based on factual indications to conclude that the presence of the person on the territory of the Member States poses a threat to security risk;
Amendment 381 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 385 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
Amendment 388 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. [The Central System, the National Uniform Interfaces, the web service, the carrier gateway and the Communication Infrastructure of the ETIAS shall share and re-use as much as technically possible the hardware and software components of respectively the EES Central System, the EES National Uniform Interfaces, the EES web service, the EES carrier gateway and the EES Communication Infrastructure.]
Amendment 394 #
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 396 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
Amendment 401 #
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
Amendment 406 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The fundamental rights officer of the European Border and Coast Guard Agency shall be in charge of carrying out regular audits on the processing of applications including regularly assessing the impact on fundamental rights, in particular with regard to non- discrimination. The data protection officer of the European Border and Coast Guard Agency shall be in charge of carrying out regular audits on the processing of applications including regularly assessing the impact on privacy and personal data protection.
Amendment 407 #
Proposal for a regulation
Article 7 – paragraph 2 b (new)
Article 7 – paragraph 2 b (new)
2b. The ETIAS Central Unit shall publish an annual activity report. This report shall include: (a) statistics as to: (i) the number of travel authorisations issued automatically by the ETIAS Central System; (ii) the number of applications verified by the Central Unit; (iii) the number of applications processed manually per Member State; and the number of application s that were rejected by country, type of traveller, and reason for the rejection; (iv) the extent to which the deadlines referred to in Articles 20(6), 23, 26 and 27 are met, including statistics on the reasons they were not met; (v) the number of applications filed at border crossing points, and how many of those were approved and rejected; and (b) general information on the activities of the ETIAS Central Unit. The annual activity report shall be transmitted to the European Parliament, the Council and the Commission by 31 March of the following year at the latest.
Amendment 414 #
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) providing applicants with information regarding the remedy procedure to be followed in the event of an appeal in accordance with Article 31(2);
Amendment 416 #
Proposal for a regulation
Article 9 – title
Article 9 – title
The ETIAS ScreeningAssessment Board
Amendment 417 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. An ETIAS ScreeningAssessment Board with an advisory function is hereby established within the European Border and Coast Guard Agency. It shall be composed of a representative of each ETIAS National Unit and Europol, Europol, the European Data Protection Supervisor, and the Fundamental Rights Agency.
Amendment 419 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The ETIAS ScreeningAssessment Board shall be consulted on: the proper implementation of the ETIAS system, including on its effects on fundamental rights.
Amendment 423 #
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 425 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 426 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. For the purpose referred to in paragraph 1, the ETIAS ScreeningAssessment Board shall issue opinions, guidelines, recommendations and best practices.
Amendment 429 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The ETIAS ScreeningAssessment Board shall meet whenever necessary, and at least twice a year. The costs and servicing of its meetings shall be borne by the European Border and Coast Guard Agency.
Amendment 430 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The ETIAS ScreeningAssessment Board shall adopt rules of procedure at its first meeting by a simple majority of its members.
Amendment 437 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
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, and the Schengen Information System (SIS), [the Eurodac] and [the European Criminal Records Information System (ECRIS)] shall be establishedshall be established for the sole purpose of implementing this Regulation and, in particular, to enable carrying out the riskthreat assessment referred to in Article 18.
Amendment 445 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. Access by immigration authorities to the ETIAS Central System shall be limited to searching the ETIAS Central System to obtain the travel authorisation status of a traveller present on the territory of the Member State for the purposes of verifying whether the conditions of entry and stay are fulfilled.
Amendment 449 #
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 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 disabile, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. It shall fully respect human dignity and integrity.
Amendment 454 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. In case the applicant has not been in a position to apply for a travel authorisation in advance and submits, if required, supporting documents substantiating unforeseeable and imperative reasons for the travel, he or she shall be permitted to file an application and receive the authorisation directly at the border crossing point. Member States shall provide the means that allow such applicants to file the applications and receive the authorisations.
Amendment 455 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Applications may be lodged by the applicant or by a person or a commercial intermediary authorised by the applicant to lodge the application in his or her behalf. The European Union Delegations in third countries shall provide necessary assistance to the applicants.
Amendment 460 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The public website and the mobile app for mobile devices shall enable third country nationals subject to the travel authorisation requirement to launch a travel authorisation application, to provide the data required in the application form in accordance with Article 15 and to pay the travel authorisation fee.
Amendment 467 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Each applicant shall submit a completed application form including a declaration of authenticity, completeness and reliability of the data submitted and a declaration of veracity and reliability of the statements made. Minors shall submit an application form electronically signconfirmed by a person exercising permanent or temporary parental authority or legal guardianship.
Amendment 470 #
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) surname (family name), first name(s) (given name(s)), surname at birth; date of birth, place of birth, country of birth, sex, current nationality, first name(s) of the parents of the applicant;
Amendment 473 #
Proposal for a regulation
Article 15 – paragraph 2 – point g
Article 15 – paragraph 2 – point g
(g) e-mail address (if available), phone number;
Amendment 476 #
Proposal for a regulation
Article 15 – paragraph 2 – point h
Article 15 – paragraph 2 – point h
Amendment 479 #
Proposal for a regulation
Article 15 – paragraph 2 – point i
Article 15 – paragraph 2 – point i
Amendment 492 #
Proposal for a regulation
Article 15 – paragraph 2 – point m
Article 15 – paragraph 2 – point m
(m) in the case of applications filled in by a person other than the applicant, the surname, first name(s), name of firm, organization if applicable, e-mail address, mailing address, phone number; relationship to the applicant and an electronically signconfirmed representative declaration.
Amendment 503 #
Proposal for a regulation
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
Amendment 508 #
Proposal for a regulation
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
(b) whether he or she has everover the last ten years has been convicted of any serious criminal offence in any, when, and in which country;
Amendment 512 #
Proposal for a regulation
Article 15 – paragraph 4 – point c
Article 15 – paragraph 4 – point c
(c) regarding any staywhether he or she has stayed as a combatant in a specific war or armed conflict zone over the last ten years, when, and the reasons for the stay;
Amendment 514 #
Proposal for a regulation
Article 15 – paragraph 4 – point d
Article 15 – paragraph 4 – point d
(d) regarding any decisionwhether he or she has been subject to any decision over the last five years 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 523 #
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
6. The applicant shall provide answers to those questions. Where the applicant answers affirmatively to any of the questions, he or she shall be required to provide answers to additional questions on the application form aimed at collecting further information via providing answers to a predetermined list of questions. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to lay down the content and format of those additional questions and the predetermined list of answers to those questions.
Amendment 526 #
Proposal for a regulation
Article 15 – paragraph 8
Article 15 – paragraph 8
Amendment 530 #
Proposal for a regulation
Article 16
Article 16
Amendment 542 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 544 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
The ETIAS Central System shall compare the relevant data referred to in Article 15(2)(a),(b),(d),(f),(g),(m) and (8) to the data present in a record, file or alert registered in the ETIAS Central System, the Schengen Information System (SIS), [the Entry/Exit System (EES)], the Visa Information System (VIS), [the Eurodac], [the European Criminal Records Information System (ECRIS)], the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD) and the Interpol Travel Documents Associated with Notices database (Interpol TDAWN).
Amendment 552 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point i
Article 18 – paragraph 2 – subparagraph 2 – point i
Amendment 556 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point k
Article 18 – paragraph 2 – subparagraph 2 – point k
Amendment 559 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point l
Article 18 – paragraph 2 – subparagraph 2 – point l
Amendment 561 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 564 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 575 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Where the automated processing laid down in Article 18(2) to (53) does not report any hit, the ETIAS Central System shall automatically issue a travel authorisation in accordance with Article 30 and shall immediately notify the applicant in accordance with Article 32.
Amendment 578 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where the automated processing laid down in Article 18(2) to (53) reports one or several hit(s), the application shall be assessed in accordance with the procedure laid down in Article 22.
Amendment 581 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where the automated processing laid down in Article 18(2) to (53) is inconclusive because the ETIAS Central System is not in a position to certify that the data recorded in the application file correspond to the data triggering a hit, the application shall be assessed in accordance with the procedure laid down in Article 20.
Amendment 582 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Where the ETIAS Central System is not in a position to certify that the data recorded in the application file corresponds to the data triggering a hit during the automated processing pursuant to Article 18(2) to (53) the ETIAS Central System shall automatically consult the ETIAS Central Unit.
Amendment 583 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Where consulted, the ETIAS Central Unit shall have access to the application file and the linked application file(s), if any, as well as to all the hits triggered during the automated processing pursuant to Article 18(2) to (53).
Amendment 585 #
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, the ETIAS watchlist referred to in Article 29 or the specific risk indicators referred to in Article 28.
Amendment 589 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Where the data do not correspond, and no other hit has been reported during the automated processing pursuant to Article 18(2) to (53), the ETIAS Central Unit shall delete the false hit from the application file and the ETIAS Central System shall automatically issue a travel authorisation in accordance with Article 30.
Amendment 590 #
Proposal for a regulation
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5a. Where the hit was triggered by an entry from a third country in the Interpol TDAWN, the ETIAS Central Unit shall assess whether the entry could reasonably likely have been made with the objective to prevent political opponents and other persons in need of international protection from leaving the country. If the ETIAS Central Unit comes to that conclusion, it shall automatically issue a travel authorisation in accordance with Article 30.
Amendment 591 #
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
6. The ETIAS Central Unit shall complete the manual examination within a maximum of 12 hours from receipt of the application file, and within maximum 1 hour where the application was made at a border pursuant to Article 13(1a).
Amendment 595 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. For third country nationals referred to in Article 2(1)(c), the travel authorisation as defined in Article 3(d) shall be understood as a decision issued in accordance with this Regulation indicating that there are no factual indications or reasonable groundreasonable grounds based on factual indications to conclude that the presence of the person on the territory of the Member States poses a security or public health riskthreat to security in accordance with Directive 2004/38/EC.
Amendment 598 #
Proposal for a regulation
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
Amendment 600 #
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 1 – point b
Article 21 – paragraph 3 – subparagraph 1 – point b
Amendment 603 #
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 2
Article 21 – paragraph 3 – subparagraph 2
Amendment 608 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 612 #
Proposal for a regulation
Article 21 – paragraph 5 – point b
Article 21 – paragraph 5 – point b
(b) an appeal remedy procedure as referred to in Article 32 shall be made in accordance with Directive 2004/38/EC;
Amendment 613 #
Proposal for a regulation
Article 21 – paragraph 5 – point c – point i
Article 21 – paragraph 5 – point c – point i
i) the period of validity of the travel authorisation; or
Amendment 614 #
Proposal for a regulation
Article 21 – paragraph 5 – point c – point ii
Article 21 – paragraph 5 – point c – point ii
Amendment 616 #
Proposal for a regulation
Article 21 – paragraph 5 – point c – point iii
Article 21 – paragraph 5 – point c – point iii
iii) fivone years from the last decision to refuse, revoke or annul the travel authorisation in accordance with Articles 31, 34 and 35.
Amendment 626 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where the automated processing laid down in Article 18(2) to (53) reported one or several hit(s), the application shall be processed manually by the ETIAS National Unit of the responsible Member State. The ETIAS National Unit shall have access to the application file and the linked application file(s), if any, as well as to all the hits triggered during the automated processing laid down in Article 18(2) to (53).
Amendment 627 #
Proposal for a regulation
Article 22 – paragraph 4 – point a
Article 22 – paragraph 4 – point a
(a) where the hit corresponds to one or several of the categories laid down in Article 18(2)(a) toand (cb), refuse a travel authorisation., unless the applicant can verify that the lost or stolen travel document is his or hers, and he or she has been able to obtain it since it was reported as lost or stolen;
Amendment 632 #
Proposal for a regulation
Article 22 – paragraph 4 – point a a (new)
Article 22 – paragraph 4 – point a a (new)
(aa) where the hit corresponds to the category laid down in Article 18(2)(c), refuse a travel authorisation;
Amendment 633 #
Proposal for a regulation
Article 22 – paragraph 4 – point a b (new)
Article 22 – paragraph 4 – point a b (new)
(ab) where the hit corresponds to one or several of the categories laid down in Article 18(2)(d), issue a pro forma travel authorisation that is marked in the ETIAS Central System as such, and alert the responsible Member States, so that the arrest warrant can be executed;
Amendment 636 #
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)(de) to (m), assess the threat to security or irregular migration risk and decide whether to issue or refuse a travel authorisation.
Amendment 645 #
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 health riskthreat to security and decide whether to issue or refuse a travel authorisation.
Amendment 649 #
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
Amendment 650 #
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
Amendment 662 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Where the information provided by the applicant in the application form does not allow the ETIAS National Unit of the responsible Member State to decide whether to issue or refuse a travel authorisation, that ETIAS National Unit mayshall request the applicant for additional information or documentation.
Amendment 664 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The request for additional information or documentation shall be notified to the contact e-mail address recorded in the application file, or by phone. The request for additional information or documentation shall clearly indicate the information or documentation that the applicant is required provide. The applicant shall provide the additional information or documentation directly to the ETIAS National Unit through the secure account service referred to in Article 6(2)(g) within 7 working days of the date of receipt of the request.
Amendment 674 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. The invitation shall be notified to the applicant by the ETIAS National Unit of the Member and shall be notified to the contact e-mail address recorded in the application file, or by phone.
Amendment 677 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. For the purpose of carrying out the assessment referred to in Article 22(4)(b) the ETIAS National Unit of the responsible Member State shall consult the authorities of the Member State(s) responsible for the data having triggered a hit pursuant to Article 18(2)(d),(e),(g),(h),(i) or (kh).
Amendment 679 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. For the purpose of carrying out the assessment referred to in Article 22(4)(b), (6) and (7) the ETIAS National Unit of the responsible Member State may consult the authorities of one or several Member States.
Amendment 683 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Where the responsible Member State consults with one or several Member States during the manual processing of an application, the ETIAS National Units of those Member States shall have access to the relevant data of the application file as well as to the hits obtained by the automated system pursuant to Article 18 (2), (4) and (5) which are necessary for the purpose the consultation. The ETIAS National Units of the Member States consulted shall also have access to the relevant additional information or documentation provided by the applicant following a request from the responsible Member State in relation to the matter for which they are being consulted.
Amendment 689 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. For the purpose of carrying out the assessment of security risks following a hit pursuant to Article 18(2)(j) and (4), the ETIAS National Unit of the responsible Member State shall consult Europol in cases falling under Europol's mandate. The consultation shall take place through existing communication channels between the Member State and Europol as established under Article 7 of Regulation (EU) 2016/794.
Amendment 691 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 710 #
Proposal for a regulation
Article 28
Article 28
Amendment 750 #
Amendment 771 #
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 groundreasonable grounds based on factual indications to conclude that the presence of the person on the territory of the Member States poses an irregular migration, security or public health risk threat to security, a travel authorisation shall be issued by the ETIAS Central System or the ETIAS National Unit of the responsible Member State.
Amendment 781 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 790 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point b
Article 31 – paragraph 1 – subparagraph 1 – point b
Amendment 794 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point c
Article 31 – paragraph 1 – subparagraph 1 – point c
(c) poses a threat to security risk;
Amendment 796 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point d
Article 31 – paragraph 1 – subparagraph 1 – point d
Amendment 800 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 2
Article 31 – paragraph 1 – subparagraph 2
A travel authorisation shall also be refused if there are reasonable, serious, and substantiated doubts as to the authenticity of the data, the reliability of the statements made by the applicant, the supporting documents provided by the applicant or the veracity of their contents.
Amendment 804 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Applicants who have been refused a travel authorisation shall have the right to appeal. Appealn effective remedy. Remedy procedures shall be conducted in the Member State that has taken the decision on the application and in accordance with the national law of that Member State, which shall include the possibility for a judicial remedy. The ETIAS National Unit of the responsible Member State shall provide applicants with information regarding the procedure to be followed in the event of an appeal.
Amendment 820 #
Proposal for a regulation
Article 32 – paragraph 2 – point d
Article 32 – paragraph 2 – point d
(d) information on the procedure to be followed for an appealeffective remedy.
Amendment 829 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. A person whose travel authorisation has been annulled shall have the right to appeal. Appealn effective remedy. Remedy procedures shall be conducted in the Member State that has taken the decision on the annulment in accordance with the national law of that Member State, which shall include the possibility for a judicial remedy.
Amendment 833 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
Amendment 837 #
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. An applicant whose travel authorisation has been revoked shall have the right to appeal. Appealn effective remedy. Remedy procedures shall be conducted in the Member State that has taken the decision on the revocation and in accordance with the national law of that Member State, which shall include the possibility for a judicial remedy.
Amendment 843 #
Proposal for a regulation
Article 36 – paragraph 1 – point d
Article 36 – paragraph 1 – point d
(d) information on the remedy procedure to be followed for an appeal.
Amendment 847 #
Proposal for a regulation
Article 37 a (new)
Article 37 a (new)
Article 37 a Remedies 1. Any person may bring an action before the courts or the authority competent under the law of any Member State to obtain compensation or annulment regarding a refusal, annulment, or revocation of a travel authorisation relating to him or her. 2. The Member States undertake mutually to enforce final decisions handed down by the courts or authorities referred to in paragraph 1.
Amendment 851 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. A travel authorisation with limited territorial validity mayshall be issued exceptionally, when the Member State concerned considers itit is necessary on humanitarian grounds, for reasons of national interest or because of international obligations notwithstanding the fact that the manual assessment process pursuant to Article 22 is not yet completed or that a travel authorisation has been refused, annulled or revoked.
Amendment 879 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 2
Article 39 – paragraph 2 – subparagraph 2
The ETIAS Central System shall respond by indicating whether or not the person has a valid travel authorisation. Carriers may store the information sent and the answer received until the booked date of travel or any new dates in case the travel has been re-booked.
Amendment 893 #
Proposal for a regulation
Article 43
Article 43
Amendment 898 #
Proposal for a regulation
Article 44
Article 44
Amendment 910 #
Proposal for a regulation
Article 45
Article 45
Amendment 928 #
Proposal for a regulation
Article 46
Article 46
Amendment 940 #
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
Amendment 949 #
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
(c) fivone years from the last decision to refuse, revoke or annul the travel authorisation in accordance with Articles 31, 34 and 35.
Amendment 958 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Regulation (EC) No 45/2001 shall apply to the processing of personal data by the European Border and Coast Guard Agency, Europol and eu-LISA.
Amendment 961 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. [Directive (EU) 2016/680] shall apply to the processing by Member States designated authorities for the purposes of Article 1(2)of personal data by the ETIAS National Units for the purposes of the prevention of threats to public security.
Amendment 965 #
Proposal for a regulation
Article 49 – paragraph 4
Article 49 – paragraph 4
4. Regulation (EU) 2016/794 shall apply to the processing of personal data by Europol pursuant to Articles 24 and 465.
Amendment 969 #
Proposal for a regulation
Article 52
Article 52
Amendment 972 #
Proposal for a regulation
Article 53
Article 53
Amendment 974 #
Proposal for a regulation
Article 54
Article 54
Amendment 983 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
Amendment 989 #
Proposal for a regulation
Article 56 – title
Article 56 – title
Amendment 990 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. Member States shall ensure that their supervisory authority has sufficient resources and expertise to fulfil the tasks entrusted to it under this Regulation.
Amendment 992 #
Proposal for a regulation
Article 56 – paragraph 3 a (new)
Article 56 – paragraph 3 a (new)
3a. A report of the audit shall be made public.
Amendment 993 #
Proposal for a regulation
Article 57 – title
Article 57 – title
Amendment 994 #
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
The European Data Protection Supervisor shall ensure that an audit of eu-LISA's and the ETIAS Central Unit personal data processing activities is carried out in accordance with relevant international auditing standards at least every four years. A report of that audit shall be sent to the European Parliament, the Council, eu- LISA, the Commission and the Member States, and shall be made public. eu-LISA and the European Border and Coast Guard Agency shall be given an opportunity to make comments before their reports are adopted. The EDPS shall be provided with sufficient resources and expertise to fulfil the tasks entrusted to it under this Regulation.
Amendment 997 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. TPursuant to Article 62 of Regulation (EU) 2017/XX... [new proposal repealing Regulation 45/2001], the European Data Protection Supervisor shall act in close cooperation with national supervisory authorities with respect to specific issues requiring national involvement, in particular if the European Data Protection Supervisor or a national supervisory authority finds major discrepancies between practices of Member States or finds potentially unlawful transfers using the communication channels of the ETIAS, or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this Regulation.
Amendment 999 #
Proposal for a regulation
Article 59
Article 59
Amendment 1000 #
Proposal for a regulation
Article 60
Article 60
Amendment 1013 #
Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 1
Article 63 – paragraph 3 – subparagraph 1
eu-LISA shall be responsible for the technical development of the ETIAS Information System, and for any technical development required for establishing interoperability between the ETIAS Central System and the information systems referred to in Article 10. The final responsibility lies with the European Coast and Border Guard Agency, to which eu-LISA shall report at all times, pursuant to point (a) of Article 65(1).
Amendment 1015 #
Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 2
Article 63 – paragraph 3 – subparagraph 2
eu-LISA shall define the design of the physical architecture of the system including its Communication Infrastructure as well as the technical specifications and their evolution as regards the Central System, the Uniform Interfaces, which shall be reviewed and in, case of a favourable result, adopted by the Management Board, subject to a favourable opinion of the Commission and the EDPS. eu-LISA shall also implement any necessary adaptations to the EES, SIS, Eurodac, ECRIS or Vor SIS deriving from the establishment of interoperability with the ETIAS. eu-LISA shall adhere to the principles of data protection by design and by default, as laid out in Regulation (EU) 2016/679.
Amendment 1028 #
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. Europol shall ensure processing of the queries referred to in Article 18(2)(j) and (4) and accordingly adapting its information system.
Amendment 1030 #
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
Amendment 1038 #
Proposal for a regulation
Article 73 – paragraph 1 – point d
Article 73 – paragraph 1 – point d
Amendment 1043 #
Proposal for a regulation
Article 73 – paragraph 1 – point e
Article 73 – paragraph 1 – point e
Amendment 1045 #
Proposal for a regulation
Article 73 – paragraph 2
Article 73 – paragraph 2
Amendment 1059 #
Proposal for a regulation
Article 75
Article 75
Amendment 1063 #
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
Amendment 1066 #
Proposal for a regulation
Article 77 – paragraph 1 – point d
Article 77 – paragraph 1 – point d
(d) the Member States and the ETIAS Central Unit have notified to the Commission the data concerning the various authorities referred to in Article 76(1) and (3).
Amendment 1067 #
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(34) and Article 72(1) and (54) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Regulation].
Amendment 1070 #
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(34) 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 1072 #
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(34) 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.
Amendment 1081 #
Proposal for a regulation
Article 81 – paragraph 5 – subparagraph 1 – point c
Article 81 – paragraph 5 – subparagraph 1 – point c
Amendment 1084 #
Proposal for a regulation
Article 81 – paragraph 5 – subparagraph 1 – point f
Article 81 – paragraph 5 – subparagraph 1 – point f
(f) the impact on fundamental rights, in particular the protection of personal data and non-discrimination.
Amendment 1087 #
Proposal for a regulation
Article 81 – paragraph 8
Article 81 – paragraph 8