BETA

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)
2016/11/22
Committee: LIBE
Dossiers: 2016/0357A(COD)
Documents: PDF(1 MB) DOC(285 KB)

Amendments (174)

Amendment 147 #
Proposal for a regulation
The European Parliament rejects the Commission proposal.
2017/10/04
Committee: LIBE
Amendment 170 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 177 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 178 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 189 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 201 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 206 #
Proposal for a regulation
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).
2017/10/04
Committee: LIBE
Amendment 210 #
Proposal for a regulation
Recital 18
(18) In order to finalise the application, all applicants above the age of 18 should be required to pay a fee. The payment should be managed by a bank or a financial intermediary. Data required for securing the electronic payment should only be provided to the bank or financial intermediary operating the financial transaction and are not part of the ETIAS data.deleted
2017/10/04
Committee: LIBE
Amendment 220 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 224 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 227 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 232 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 234 #
Proposal for a regulation
Recital 25
(25) The screening rules should be used to analyse the application file by enabling a comparison between the data recorded in an application file of the ETIAS Central System and specific risk indicators corresponding to previously identified security, irregular migration or public health risk. The criteria used for defining the specific risk indicators should in no circumstances be based on a applicant's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, sexual life or sexual orientation.deleted
2017/10/04
Committee: LIBE
Amendment 242 #
Proposal for a regulation
Recital 26
(26) An ETIAS watchlist should be established for identifying connections between data in an ETIAS application file and information related to persons who are suspected of having committed an act of serious crime or terrorism, or regarding whom there are factual indications or reasonable grounds to believe that they will commit an act of serious crime or terrorism. The ETIAS watchlist should be part of the data processed by Europol in accordance with Article 18(2)(a) of Regulation (EU) 2016/794 and Europol's Integrated Data Management Concept implementing that Regulation. When providing information to Europol, Member States should be able to determine the purpose or purposes for which it is to be processed, including the possibility to limit this processing to the ETIAS watchlist.deleted
2017/10/04
Committee: LIBE
Amendment 247 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 252 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 259 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 264 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 269 #
Proposal for a regulation
Recital 33
(33) In the fight against terrorist offences and other serious criminal offences and given the globalisation of criminal networks, it is imperative that law enforcement authorities have the necessary information to perform their tasks effectively. Access to data contained in the Visa Information System (VIS) for law enforcement purpose has already proven effective in helping investigators to make substantial progress in cases related to human being trafficking, terrorism or drug trafficking. The Visa Information System does not contain data on visa- exempt third-country nationals.deleted
2017/10/04
Committee: LIBE
Amendment 272 #
Proposal for a regulation
Recital 34
(34) Access to the information contained in ETIAS is necessary to prevent, detect and investigate terrorist offences as referred to in Council Framework Decision 2002/475/JHA26 or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA27 . In a specific investigation and in order to establish evidence and information related to a person suspected of having committed a crime or a victim of a crime, law enforcement authorities may need access to the data generated by ETIAS. The data stored in ETIAS may also be necessary to identify the perpetrator of a terrorist offence or other serious criminal offences, especially when urgent action is needed. Access to the ETIAS for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences constitutes an interference with the fundamental rights to respect for the private life of individuals and to protection of personal data of persons whose personal data are processed in the ETIAS. Therefore, the data in ETIAS should be retained and made available to the designated authorities of the Member States and the European Police Office ('Europol'), subject to the strict conditions set out in this Regulation in order for such access to be limited to what is strictly necessary for the prevention, detection and investigation of terrorist offences and serious criminal offences in accordance with the requirements notably laid down in the jurisprudence of the Court, in particular in the Digital Rights Ireland case28 . _________________ 26 Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p.6). 27 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member State (OJ L 190, 18.7.2002, p. 1). 28 Judgment of the Court (Grand Chamber) of 8 April 2014 in joined cases C-293/12 and C-594/12 Digital Rights Ireland Ltd, ECLI:EU:C:2014:238.deleted
2017/10/04
Committee: LIBE
Amendment 275 #
Proposal for a regulation
Recital 35
(35) In particular, access to ETIAS data for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences should only be granted following a reasoned request by the competent authorities giving reasons for its necessity. Member States should ensure that any such request for access to data stored in ETIAS be the subject of a prior review by a court or by an authority providing guarantees of full independence and impartiality, and which is free from any direct or indirect external influence. However, in situations of extreme urgency, it can be crucial for the competent authorities to obtain immediately personal data necessary for preventing the commission of a serious crime or so that its perpetrators can be prosecuted. In such cases it should be accepted that the review of the personal data obtained from ETIAS takes place as swiftly as possible after access to such data has been granted to the competent authorities.deleted
2017/10/04
Committee: LIBE
Amendment 278 #
Proposal for a regulation
Recital 36
(36) It is therefore necessary to designate the competent authorities of the Member States that are authorised to request such access for the specific purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences.deleted
2017/10/04
Committee: LIBE
Amendment 280 #
Proposal for a regulation
Recital 37
(37) The ETIAS National Units should act as the central access point and should verify that the conditions to request access to the ETIAS Central System are fulfilled in the concrete case at hand.deleted
2017/10/04
Committee: LIBE
Amendment 282 #
Proposal for a regulation
Recital 38
(38) Europol is the hub for information exchange in the Union and it plays a key role with respect to cooperation between Member States’ authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. Consequently, Europol should also have access to the ETIAS Central System within the framework of its tasks and in accordance with Regulation (EU) 2016/79429 in specific cases where this is necessary for Europol to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences. _________________ 29deleted OJ L 119, 4.5.2016, p. 132-149.
2017/10/04
Committee: LIBE
Amendment 284 #
Proposal for a regulation
Recital 39
(39) To exclude systematic searches, the processing of data stored in the ETIAS Central System should take place only in specific cases and only when it is necessary for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences. The designated authorities and Europol should only request access to ETIAS when they have reasonable grounds to believe that such access will provide information that will substantially assist them in preventing, detecting or investigating a terrorist offence or other serious criminal offence. The law enforcement authorities and Europol should only request access to the ETIAS if prior searches in all relevant national databases of the Member State and databases at Europol did not lead to the requested information.deleted
2017/10/04
Committee: LIBE
Amendment 290 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 296 #
Proposal for a regulation
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).
2017/10/04
Committee: LIBE
Amendment 298 #
Proposal for a regulation
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).
2017/10/04
Committee: LIBE
Amendment 299 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 301 #
Proposal for a regulation
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
2017/10/04
Committee: LIBE
Amendment 310 #
Proposal for a regulation
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,deleted
2017/10/04
Committee: LIBE
Amendment 312 #
Proposal for a regulation
Recital 50 – indent 3
- 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,deleted
2017/10/04
Committee: LIBE
Amendment 313 #
Proposal for a regulation
Recital 50 – indent 5
- to further specify the security, irregular migration or public health risks to be used for the establishment of the risk indicators.deleted
2017/10/04
Committee: LIBE
Amendment 324 #
Proposal for a regulation
Recital 55
(55) The revenue generated by the payment of travel authorisation fees should be assigned to cover the recurring operational and maintenance costs of the ETIAS Information System, of the ETIAS Central Unit and of the ETIAS National Units. In view of the specific character of the system, it is appropriate to treat the revenue as external assigned revenue.deleted
2017/10/04
Committee: LIBE
Amendment 332 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 336 #
Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation lays down the conditions under which Member States' law enforcement authorities and the European Police Office (Europol) may consult data stored in the ETIAS Central System for the purposes of the prevention, detection and investigation of terrorist offences or of other serious criminal offences falling under their competence.deleted
2017/10/04
Committee: LIBE
Amendment 355 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 359 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
(e) 'public health risk' means threat to public health as defined in Article 2(21) of Regulation (EU) 2016/399;deleted
2017/10/04
Committee: LIBE
Amendment 360 #
Proposal for a regulation
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;
2017/10/04
Committee: LIBE
Amendment 362 #
Proposal for a regulation
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;
2017/10/04
Committee: LIBE
Amendment 366 #
Proposal for a regulation
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;
2017/10/04
Committee: LIBE
Amendment 371 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 376 #
Proposal for a regulation
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;
2017/10/04
Committee: LIBE
Amendment 381 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
(b) contribute to the prevention of irregular migration by providing for an irregular migration risk assessment of applicants prior to their arrival at the external borders crossing points;deleted
2017/10/04
Committee: LIBE
Amendment 385 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
(c) contribute to the protection of public health by providing for an assessment of whether the applicant poses a public health risk within the meaning of Article 3(1)(e) prior to their arrival at the external borders crossing points;deleted
2017/10/04
Committee: LIBE
Amendment 388 #
Proposal for a regulation
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.]
2017/10/04
Committee: LIBE
Amendment 394 #
Proposal for a regulation
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;
2017/10/04
Committee: LIBE
Amendment 396 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
(c) defining, testing, implementing, evaluating and revising the specific risk indicators as referred to in Article 28 after consultation of the ETIAS Screening Board;deleted
2017/10/04
Committee: LIBE
Amendment 401 #
Proposal for a regulation
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.deleted
2017/10/04
Committee: LIBE
Amendment 406 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 407 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 414 #
Proposal for a regulation
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);
2017/10/04
Committee: LIBE
Amendment 416 #
Proposal for a regulation
Article 9 – title
The ETIAS ScreeningAssessment Board
2017/10/04
Committee: LIBE
Amendment 417 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 419 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 423 #
Proposal for a regulation
Article 9 – paragraph 2 – point a
(a) the definition, evaluation and revision of the specific risk indicators referred to in Article 28;deleted
2017/10/04
Committee: LIBE
Amendment 425 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
(b) the implementation of the ETIAS watchlist referred to in Article 29.deleted
2017/10/04
Committee: LIBE
Amendment 426 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 429 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 430 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 437 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 445 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 449 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 454 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 455 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 460 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 467 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 470 #
Proposal for a regulation
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;
2017/10/04
Committee: LIBE
Amendment 473 #
Proposal for a regulation
Article 15 – paragraph 2 – point g
(g) e-mail address (if available), phone number;
2017/10/04
Committee: LIBE
Amendment 476 #
Proposal for a regulation
Article 15 – paragraph 2 – point h
(h) education (level and field);deleted
2017/10/04
Committee: LIBE
Amendment 479 #
Proposal for a regulation
Article 15 – paragraph 2 – point i
(i) current occupation;deleted
2017/10/04
Committee: LIBE
Amendment 492 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 503 #
Proposal for a regulation
Article 15 – paragraph 4 – point a
(a) whether 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;deleted
2017/10/04
Committee: LIBE
Amendment 508 #
Proposal for a regulation
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;
2017/10/04
Committee: LIBE
Amendment 512 #
Proposal for a regulation
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;
2017/10/04
Committee: LIBE
Amendment 514 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 523 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 526 #
Proposal for a regulation
Article 15 – paragraph 8
8. On submission of the application form, the ETIAS Information System shall collect the IP address from which the application form was submitted.deleted
2017/10/04
Committee: LIBE
Amendment 530 #
Proposal for a regulation
Article 16
Article 16 Travel authorisation fee 1. 5 shall be paid by the applicant for each application. 2. The travel authorisation fee shall be waived for children under eighteen years. 3. The travel authorisation fee shall be charged in euro. 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.deleted A travel authorisation fee of EUR
2017/10/04
Committee: LIBE
Amendment 542 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
(b) the travel authorisation fee has been collecdeleted.
2017/10/04
Committee: LIBE
Amendment 544 #
Proposal for a regulation
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).
2017/10/04
Committee: LIBE
Amendment 552 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point i
(i) whether the applicant has been subject to a decision to refuse, revoke or annul a short stay visa recorded in the VIS;deleted
2017/10/04
Committee: LIBE
Amendment 556 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point k
(k) [whether the applicant was subject to a return decision or a removal order issued following the withdrawal or rejection of the application for internal protection in the Eurodac;]deleted
2017/10/04
Committee: LIBE
Amendment 559 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point l
(l) [whether the applicant corresponds to a person whose data is recorded in the ECRIS;]deleted
2017/10/04
Committee: LIBE
Amendment 561 #
Proposal for a regulation
Article 18 – paragraph 4
4. The ETIAS Central System shall compare the relevant data referred to in Article 15(2)(a), (b), (d), (f), (g), (i), (m) and (8) to the data present in the ETIAS watchlist referred to in Article 29.deleted
2017/10/04
Committee: LIBE
Amendment 564 #
Proposal for a regulation
Article 18 – paragraph 5
5. The ETIAS Central System shall compare the relevant data referred to in Article 15(2)(a), (f), (h) and (i) and the specific risk indicators referred to in Article 28.deleted
2017/10/04
Committee: LIBE
Amendment 575 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 578 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 581 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 582 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 583 #
Proposal for a regulation
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).
2017/10/04
Committee: LIBE
Amendment 585 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 589 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 590 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 591 #
Proposal for a regulation
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).
2017/10/04
Committee: LIBE
Amendment 595 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 598 #
Proposal for a regulation
Article 21 – paragraph 2 – point c
(c) the fee referred to in Article 16 shall be waivdeleted.
2017/10/04
Committee: LIBE
Amendment 600 #
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 1 – point b
(b) the applicant corresponds to a person whose data is recorded in the Eurodac as referred to in Article 18(2)(j).]deleted
2017/10/04
Committee: LIBE
Amendment 603 #
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 2
The specific risk indicators based on irregular migration risks determined pursuant to Article 28(2) shall not apply.deleted
2017/10/04
Committee: LIBE
Amendment 608 #
Proposal for a regulation
Article 21 – paragraph 4
4. An application for a travel authorisation shall not be refused on the ground of an irregular migration risk as referred to in Article 31(1)(b).deleted
2017/10/04
Committee: LIBE
Amendment 612 #
Proposal for a regulation
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;
2017/10/04
Committee: LIBE
Amendment 613 #
Proposal for a regulation
Article 21 – paragraph 5 – point c – point i
i) the period of validity of the travel authorisation; or
2017/10/04
Committee: LIBE
Amendment 614 #
Proposal for a regulation
Article 21 – paragraph 5 – point c – point ii
ii) [one year from the last entry record of the applicant stored in the EES, where that period of one year ends on a later date than the period of validity of the travel authorisation; or]deleted
2017/10/04
Committee: LIBE
Amendment 616 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 626 #
Proposal for a regulation
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).
2017/10/04
Committee: LIBE
Amendment 627 #
Proposal for a regulation
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;
2017/10/04
Committee: LIBE
Amendment 632 #
Proposal for a regulation
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;
2017/10/04
Committee: LIBE
Amendment 633 #
Proposal for a regulation
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;
2017/10/04
Committee: LIBE
Amendment 636 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 645 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 649 #
Proposal for a regulation
Article 22 – paragraph 6
6. Where the automated processing laid down in Article 18(4) has reported a hit, the ETIAS National Unit of the responsible Member State shall assess the security risk and decide whether to issue or refuse a travel authorisation.deleted
2017/10/04
Committee: LIBE
Amendment 650 #
Proposal for a regulation
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 health risk and decide whether to issue or refuse a travel authorisation.deleted
2017/10/04
Committee: LIBE
Amendment 662 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 664 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 674 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 677 #
Proposal for a regulation
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).
2017/10/04
Committee: LIBE
Amendment 679 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 683 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 689 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 691 #
Proposal for a regulation
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).deleted
2017/10/04
Committee: LIBE
Amendment 710 #
Proposal for a regulation
Article 28
Article 28deleted The ETIAS screening rules 1. be an algorithm enabling the comparison between the data recorded in an application file of the ETIAS Central System and specific risk indicators pointing to irregular migration, security or public health risks. The ETIAS screening rules shall be registershall The irregular migration, security [statistics generated inby the ETIAS Central System. 2. or public health risks shall be determined on the basis of: (a) indicating abnormal rates of overstayers and refusals of entry for a specific group of travellers; ] (b) in accordance with Article 73 indicating abnormal rates of refusals of travel authorES statistics generated by the ETIAS [statisations due to an irregular migration, security or public health risk associated with a specific group of travellers; (c) in accordance with Article 73 and the EES indicating correlations between information collected through the application form and overstay or refusals of entry;] (d) States concerning specific security risk indicators or threats identified by that Member State; (e) States concerning abnormal rates of overstayers and refusals of entry for a specific group of travellers for that Member State; (f) public health risks provided by Member States as well as epidemiological surveillance information and risk assessments provided by the European Centre for Disease Prevention and Control (ECDC). 3. empowered to adopt delegated acts in accordance with Article 78 to further specify the irregular migration, security or public health risks referred to in paragraph 2. 4. accordance with paragraph 2, the ETIAS Central Unit shall establish the specific risk indicators consisting of a combination of data including one or several of the following: (a) age range, sex, current nationality; (b) country and city of residence; (c) (d) 5. be targeted and proportionate. They shall in no circumstances be based on a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, sexual life or sexual orientation. 6. be defined, modified, added and deleted by the ETIAS Central Unit after consultation of the ETIAS Screening Board.cs generated by the ETIAS information provided by Member information provided by Member information concerning specific The Commission shall be Based on the risks determined in education level; current occupation. The specific risk indicators shall The specific risk indicators shall
2017/10/04
Committee: LIBE
Amendment 750 #
Article 29deleted The ETIAS watchlist 1. of data related to persons who are suspected of having committed or taken part in a criminal offence or persons regarding whom there are factual indications or reasonable grounds to believe that they will commit criminal offences. 2. established on the basis of: (a) the United Nations list of war criminals; (b) information related to terrorist offences or other serious criminal offences provided by Member States; (c) information related to terrorist offences or other serious criminal offences obtained through international cooperation. 3. referred to in paragraph 2 and relevant Europol data, Europol shall establish the ETIAS watchlist composed of items consisting of one or more of the following data elements: (a) at birth; date of birth, place of birth, country of birth, sex, nationality; (b) oshall consist The ETIAS watchlist shall be On the basis of the information surname, first name(s), surname home address; e-mail address, phone number; ther names (alias(es), artistic name(s), usual name(s)); (c) a travel document (type, number and country of issuance of the travel document); (d) (e) (f) address, phone number of a firm or organization; (g), e-mail address, mailing IP address.
2017/10/04
Committee: LIBE
Amendment 771 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 781 #
Proposal for a regulation
Article 30 – paragraph 3
3. A travel authorisation shall not confer an automatic right of entry.deleted
2017/10/04
Committee: LIBE
Amendment 790 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point b
(b) poses an irregular migration risk;deleted
2017/10/04
Committee: LIBE
Amendment 794 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point c
(c) poses a threat to security risk;
2017/10/04
Committee: LIBE
Amendment 796 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point d
(d) poses a public health risk;deleted
2017/10/04
Committee: LIBE
Amendment 800 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 804 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 820 #
Proposal for a regulation
Article 32 – paragraph 2 – point d
(d) information on the procedure to be followed for an appealeffective remedy.
2017/10/04
Committee: LIBE
Amendment 829 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 833 #
Proposal for a regulation
Article 35 – paragraph 4
4. New elements introduced by Europol in the ETIAS watchlist shall be compared to the data of the application files in the ETIAS Central System. Where the comparison results in a hit, 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 security risk and, where it concludes that the conditions for granting are no longer met, it shall revoke the travel authorisation.deleted
2017/10/04
Committee: LIBE
Amendment 837 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 843 #
Proposal for a regulation
Article 36 – paragraph 1 – point d
(d) information on the remedy procedure to be followed for an appeal.
2017/10/04
Committee: LIBE
Amendment 847 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 851 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 879 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 893 #
Proposal for a regulation
Article 43
Article 43 Member States' designated law enforcement authorities 1. Member States shall designate the law enforcement authorities which are entitled to request consultation of data recorded in the ETIAS Central System in order to prevent, detect and investigate terrorist offences or other serious criminal offences. 2. At national level, each Member State shall keep a list of the contact points within the designated authorities that are authorised to request a consultation of data stored in the ETIAS Central System through the central access point(s).deleted
2017/10/04
Committee: LIBE
Amendment 898 #
Proposal for a regulation
Article 44
Article 44 Procedure for access to the ETIAS Central System for law enforcement purposes 1. The competent authorities shall submit a reasoned electronic request for consultation of a specific set of data stored in the ETIAS Central System to the central access points referred to in Article 8(2)(c). Where consultation of data referred to in Article 15(2)(i) and (4)(b) to (d) is sought, the reasoned electronic request shall include a justification of the necessity to consult those specific data. 2. Each Member State shall ensure prior to accessing ETIAS Central System that according to its national law and procedural law a request for consultation undergoes an independent, efficient and timely verification whether the conditions referred to in Article 45 are fulfilled, including whether any request for consultation of data referred to in Article 15(2)(i) and (4)(b) to (d) is justified. 3. If the conditions referred to in Article 45 are fulfilled, the central access point shall process the requests. The data stored in the ETIAS Central System accessed by the central access point shall be transmitted to the contact points referred to in Article 43(2) in such a way as to not compromise the security of the data. 4. In an exceptional case of urgency, where there is a need to immediately obtain personal data necessary for preventing the commission of a serious crime or for prosecuting its perpetrators, the central access point shall process the request immediately and without the independent verification provided in paragraph 2. An ex post independent verification shall take place without undue delay after the processing of the request, including whether an exceptional case of urgency actually existed. 5. Where an ex post independent verification determines that the consultation of and access to the data recorded in the ETIAS Central System were not justified, all the authorities that accessed and/or consulted such data shall erase the data originating from the ETIAS Central System and shall inform the central access point of the erasure.deleted
2017/10/04
Committee: LIBE
Amendment 910 #
Proposal for a regulation
Article 45
[...]deleted
2017/10/04
Committee: LIBE
Amendment 928 #
Proposal for a regulation
Article 46
Article 46 Procedure and conditions for access to data recorded in the ETIAS Central System by Europol 1. For the purposes of Article 1(2), Europol may request consultation of data stored in the ETIAS Central System and submit a reasoned electronic request for consultation of a specific set of data stored in the ETIAS Central System to the ETIAS Central Unit. 2. The reasoned request shall contain evidence that the following conditions are met: (a) the consultation is necessary to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling under Europol's mandate; (b) the consultation is necessary in a specific case; (c) the consultation shall be limited to searching with data referred to in Article 45(2); (d) reasonable grounds exist to consider that the consultation may substantially contribute to the prevention, detection or investigation of any of the criminal offences in question; (e) prior consultation of the database at Europol did not lead to the requested information. 3. Europol requests for consultation of data stored in the ETIAS Central System shall be subject to prior verification by the EDPS, where appropriate in accordance with the procedure of Article 44 of Regulation (EU) 2016/794, which shall examine in an efficient and timely manner whether the request fulfils all conditions of paragraph 2. 4. Consultation of the ETIAS Central System shall, in the event of a hit with data stored in an application file, give access to the data referred to in Article 15(2)(a) to (g) and (j) to (m) as well as to the data entered in the application file in respect to 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 stored in the application file shall only be given if consultation of that data was explicitly requested by Europol. 5. Where the EDPS has approved the request, the ETIAS Central Unit shall process the request for consultation of data stored in the ETIAS Central System.deleted
2017/10/04
Committee: LIBE
Amendment 940 #
Proposal for a regulation
Article 47 – paragraph 1 – point b
(b) [five years from the last entry record of the applicant stored in the EES; or]deleted
2017/10/04
Committee: LIBE
Amendment 949 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 958 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 961 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 965 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 969 #
Proposal for a regulation
Article 52
[...]deleted
2017/10/04
Committee: LIBE
Amendment 972 #
Proposal for a regulation
Article 53
Article 53 Self-monitoring The European Border and Coast Guard Agency, Europol and Member States shall ensure that each authority entitled to access the ETIAS Information System takes the measures necessary to comply with this Regulation and cooperates, where necessary, with the supervisory authority.deleted
2017/10/04
Committee: LIBE
Amendment 974 #
Proposal for a regulation
Article 54
[...]deleted
2017/10/04
Committee: LIBE
Amendment 983 #
Proposal for a regulation
Article 55 – paragraph 2
2. Personal data accessed from the ETIAS Central System by a Member State or by for the purposes referred to in Article 1(2) shall not be transferred or made available to any third country, international organisation or private entity established in or outside the Union. The prohibition shall also apply if those data are further processed at national level or between Member States.deleted
2017/10/04
Committee: LIBE
Amendment 989 #
Proposal for a regulation
Article 56 – title
SupervisionAudits by the national supervisory authority
2017/10/04
Committee: LIBE
Amendment 990 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 992 #
Proposal for a regulation
Article 56 – paragraph 3 a (new)
3a. A report of the audit shall be made public.
2017/10/04
Committee: LIBE
Amendment 993 #
Proposal for a regulation
Article 57 – title
SupervisionAudits by the European Data Protection Supervisor
2017/10/04
Committee: LIBE
Amendment 994 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 997 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 999 #
Proposal for a regulation
Article 59
[...]deleted
2017/10/04
Committee: LIBE
Amendment 1000 #
Proposal for a regulation
Article 60
[...]deleted
2017/10/04
Committee: LIBE
Amendment 1013 #
Proposal for a regulation
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).
2017/10/04
Committee: LIBE
Amendment 1015 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 1028 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 1030 #
Proposal for a regulation
Article 67 – paragraph 2
2. Europol shall be responsible for the establishment of the ETIAS watchlist pursuant to Article 29.deleted
2017/10/04
Committee: LIBE
Amendment 1038 #
Proposal for a regulation
Article 73 – paragraph 1 – point d
(d) education;deleted
2017/10/04
Committee: LIBE
Amendment 1043 #
Proposal for a regulation
Article 73 – paragraph 1 – point e
(e) current occupation (domain), job title;deleted
2017/10/04
Committee: LIBE
Amendment 1045 #
Proposal for a regulation
Article 73 – paragraph 2
2. 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 health 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. Detailed rules on the operation of the central repository and the data protection and security rules applicable to the repository shall be adopted in accordance with the examination procedure referred to in Article 79(2).deleted
2017/10/04
Committee: LIBE
Amendment 1059 #
Proposal for a regulation
Article 75
Article 75 Revenues The revenues generated by the ETIAS shall constitute external assigned revenue in accordance with Article 21(4) of Regulation (EU, EURATOM) No 966/2012.deleted
2017/10/04
Committee: LIBE
Amendment 1063 #
Proposal for a regulation
Article 76 – paragraph 3
3. Member States shall notify the Commission of their designated authorities referred to in Article 43 and shall notify without delay any amendments thereto.deleted
2017/10/04
Committee: LIBE
Amendment 1066 #
Proposal for a regulation
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).
2017/10/04
Committee: LIBE
Amendment 1067 #
Proposal for a regulation
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].
2017/10/04
Committee: LIBE
Amendment 1070 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 1072 #
Proposal for a regulation
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.
2017/10/04
Committee: LIBE
Amendment 1081 #
Proposal for a regulation
Article 81 – paragraph 5 – subparagraph 1 – point c
(c) the rules of the automated application processor used for the purpose of risk assessment;deleted
2017/10/04
Committee: LIBE
Amendment 1084 #
Proposal for a regulation
Article 81 – paragraph 5 – subparagraph 1 – point f
(f) the impact on fundamental rights, in particular the protection of personal data and non-discrimination.
2017/10/04
Committee: LIBE
Amendment 1087 #
Proposal for a regulation
Article 81 – paragraph 8
8. While respecting the provisions of national law on the publication of sensitive information, each Member State and Europol shall prepare annual reports on the effectiveness of access to data stored in the ETIAS Central System for law enforcement purposes containing information and statistics on: (a) the exact purpose of the consultation including the type of terrorist or serious criminal offence; (b) reasonable grounds given for the substantiated suspicion that the suspect, perpetrator or victim is covered by this Regulation; (c) the number of requests for access to the ETIAS Central System for law enforcement purposes; (d) the number and type of cases which have ended in successful identifications; (e) the need and use made of the exceptional case of urgency including those cases where that urgency was not accepted by the ex post verification carried out by the central access point. Member States’ and Europol’s annual reports shall be transmitted to the Commission by 30 June of the subsequent year.deleted
2017/10/04
Committee: LIBE