Activities of Marie-Christine VERGIAT related to 2016/0357A(COD)
Plenary speeches (1)
European Travel Information and Authorisation System (ETIAS) - European Travel Information and Authorisation System (ETIAS): Europol tasks (debate) FR
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 (198)
Amendment 145 #
Proposal for a regulation
–
–
The European Parliament rejects the Commission proposal.
Amendment 148 #
Draft legislative resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data,
Amendment 149 #
Draft legislative resolution
Citation 4 b (new)
Citation 4 b (new)
- having regard to Regulation (EC) No 45/2001 of the European Parliament and of 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, and in particular Articles 28(2), 41(2) and 46(d) thereof,
Amendment 150 #
- having regard to the opinion of the European Data Protection Supervisor on the second set of ‘Smart Borders’ measures of the European Union (Opinion 06/2016),
Amendment 151 #
Draft legislative resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to the opinion of the European Data Protection Supervisor on the proposal for a regulation establishing a European Travel Information and Authorisation System (ETIAS) (Opinion 3/2017),
Amendment 152 #
Draft legislative resolution
Citation 5 c (new)
Citation 5 c (new)
- having regard to the letter of the ‘Article 29 Data Protection Working Party’ of 10 April 2017 and the Appendix thereto,
Amendment 153 #
Draft legislative resolution
Citation 5 d (new)
Citation 5 d (new)
- having regard to the opinion of the European Union Agency for Fundamental Rights on ‘The impact on fundamental rights of the proposed Regulation on the European Travel Information and Authorisation System (ETIAS)’ (FRA Opinion 2/2017),
Amendment 154 #
Draft legislative resolution
Citation 5 e (new)
Citation 5 e (new)
- having regard to the ‘Survey in the framework of the eu-LISA Smart Borders pilot project’ by the European Union Agency for Fundamental Rights,
Amendment 155 #
Draft legislative resolution
Citation 5 f (new)
Citation 5 f (new)
- having regard to the Charter of Fundamental Rights of the European Union of 7 December 2000 (‘the Charter’), which was proclaimed on 12 December 2007 in Strasbourg and entered into force with the Treaty of Lisbon in December 2009,
Amendment 156 #
Draft legislative resolution
Citation 5 g (new)
Citation 5 g (new)
- having regard to the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948,
Amendment 157 #
Draft legislative resolution
Citation 5 h (new)
Citation 5 h (new)
- having regard to the 1951 UN Convention on the Status of Refugees (Geneva Convention) and its Protocol of 31 January 1967,
Amendment 158 #
Draft legislative resolution
Citation 5 i (new)
Citation 5 i (new)
- in view of the lack of any analysis of the impact in general and on fundamental rights, privacy and data protection in particular, in accordance with either the Interinstitutional Agreement of 13 April 2016 on Better Law-Making or the European Commission’s Better Regulation Guidelines;
Amendment 162 #
Proposal for a regulation
Recital 2
Recital 2
(2) Indeed, the Communication of 6 April 2016 identified a series of information gaps. Amongst them the fact that border authorities at external Schengen borders have no information on travellers exempt from the requirement of being in possession of a visa when crossing the external borders. The Communication of 6 April 2016 announced that the Commission would launch a study on the feasibility of establishing a European Travel Information and Authorisation System (ETIAS). Such an automated system would determine the eligibility of visa-exempt third country nationals prior to their travel to the Schengen Aarea, and whether such travel poses a security or irregular migration risk while taking account of full respect for international law, their fundamental rights and in particular the right to family reunification, irrespective of the motivations for and conditions of their travel to the Schengen area.
Amendment 168 #
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 Screening 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 datahe national and EU authorities responsible for ensuring protection of personal data and monitoring the functioning of the system at national and EU level.
Amendment 171 #
Proposal for a regulation
Recital 5
Recital 5
(5) The ETIAS should apply to third country nationals who are exempt from the requirement of being in possession of a visa when crossing the external borders, whatever their situation, with strict respect for human rights, international law and in accordance with the principles of necessity, proportionality and specific purpose.
Amendment 176 #
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 risksTravel authorisation may only be required in very exceptional cases and for reasons stemming solely from security concerns. In view of the impact on travellers’ private lives, use of such personal data can only be authorised for clearly determined purposes with the precise aims user authorities are seeking to achieve taken into account. Where personal data is used, account shall be taken of the status of the individuals concerned in their country of origin and this may not under any circumstances conflict with application of the 1951 Geneva Convention.
Amendment 179 #
Proposal for a regulation
Recital 9
Recital 9
(9) The ETIAS should establish a travel authorisation for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement') enabling to determine whether their presence in the territory of the Member States does not pose an irregular migration, security or public health security risk. Holding a valid travel authorisation shouldall not 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 entryand right of entry should not be denied because of the lack thereof. The conditions and information required should not exceed those required for a visa application.
Amendment 186 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 196 #
Proposal for a regulation
Recital 12
Recital 12
(12) The ETIAS should also support the objectives of the Schengen Information System (SIS) related to the alerts in respect of persons wanted for arrest or for surrender or extradition purposes, on missing persons, on persons sought to assist with a judicial procedure and on persons for discreet checks or specific checks. For this purpose the ETIAS should carry out an automated processing of the application files against the relevant alerts in the SIS. This processing will be carried for the purpose of supporting the SIS. Accordingly, any hit resulting from this comparison should be stored in the SIS.
Amendment 199 #
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 bedevelopment, functioning and security of the ETIAS Central Unit and the data present there should come under the responsibility of the European Agency for the οperational management of large- scale IT systems in the area of freedom, security and justice (eu-LISA). The authorities responsible for verifying travel authorisations' applications rejected from the automated process should have access to the ETIAS Central Unit in order to determine whether the applicant personal data corresponds to the personal data of the person having triggered a hit, for the s. Screening rules, and for carrying out regularregular, independent audits on the processing of applications shall be established. The ETIAS Central Unit should work in 24/7 regime.
Amendment 203 #
Proposal for a regulation
Recital 16
Recital 16
(16) To meet its objectives, the ETIAS should provide an online application form that the applicant should fill in with declarations relating to his or her identity, travel document, residence information, contact details, education and current occupation, his or her condition of family member to EU citizens or third country nationals benefiting from free movement not holding a residence card, if the applicant is minor, identity of the responsible person and answers to a set of background questions (whether or not the applicant is subject to any disease with epidemic potential as defined by the International Health Regulations of the World Health Organisation or other infectious or contagious parasitic diseases, criminal records, presence in war zones, decision to return to borders/orders to leave territory). Access to the applicants' health data should only be allowed to determine whether they represent a threat to public health, prison sentences of more than five years on grounds relating to terrorism, presence in war zones.
Amendment 209 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 214 #
(19) Most of the tTravel authorisations shouldall be issued within minutes, however a reduced number couldautomatically; only in very exceptional circumstances may this take up to 7248 hours. For exceptional cases, where a request for additional information or documentation is notified to the applicant, the procedure could last up to two weeksUnder no circumstances shall they ever be issued on or after a date that would make travel impossible.
Amendment 218 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) It shall be possible in all cases to apply at any time and at any kind of external border of the European Union.
Amendment 219 #
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).
Amendment 223 #
Proposal for a regulation
Recital 21
Recital 21
(21) The assessement 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 226 #
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. Under no circumstances should this additional procedure take longer than two weeks, nor shall it ever be completed on or after a date that would make travel impossible.
Amendment 231 #
Proposal for a regulation
Recital 24
Recital 24
(24) Applicants who have been refused a travel authorisation should have than effective right to appeal. Appeals 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. even if the applicant is not in the territory of the European Union during this procedure. Applicants shall benefit from the necessary safeguards with regard to the principles of protection of individuals and respect for fundamental rights, as defined by European Union law and international law, notably the rights of access, correction, deletion and redress, and in particular the right to a judicial remedy and to processing operations being supervised by independent public authorities. This Regulation shall therefore respect fundamental rights and abide by the principles recognised in the Universal Declaration of Human Rights, the 1951 Geneva Convention and the Charter of Fundamental Rights of the European Union, in particular the right to dignity (Article 1 of the Charter), the prohibition of slavery and forced labour (Article 5), the right to liberty and security (Article 6), the right to asylum, respect for private and family life (Article 7), the right to family reunification, the right to health, the protection of personal data (Article 8), the right to non-discrimination (Article 21), the rights of the child (Article 24), the rights of the elderly (Article 25), the rights of persons with disabilities (Article 26) and the right to an effective remedy (Article 47).
Amendment 237 #
Proposal for a regulation
Recital 25
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 indicatorsthe aforementioned databases and should in no circumstances be based on an applicant's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, sexual life or sexual orientation.
Amendment 241 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 246 #
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 counteraddressed 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. In no circumstances shall these new means adversely affect the rights laid down in international law of the individuals concerned.
Amendment 251 #
Proposal for a regulation
Recital 28
Recital 28
(28) Personal data in ETIAS should therefore be kept secure in full compliance with Articles 7 and 8 of the Charter of Fundamental Rights of the European Union and Article 8 of the Universal Declaration of Human Rights; access to it should be limited to strictly authorised personnel ; respect for fundamental rights in general and, in particular, the right to privacy, the right to protection of personal data, the right to asylum, the right to family life and family reunification and the right to health, human dignity and integrity of the person is to be guaranteed, as well as the necessity of protecting vulnerable persons, especially unaccompanied minors. Account shall be taken in said data of any changes in the situation of the individuals concerned and in no circumstance it should it be used to reach decisions based on any form of discrimination. The personal data stored should be kept securely in eu-LISA's facilities in the UnionMoreover, the personal data stored should not discriminate against persons on grounds of sex, 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 not breach the right of the persons concerned to contest the infringement of their rights before the courts which have jurisdiction. The personal data stored should be kept securely in eu-LISA's facilities in the Union. The whole of the functioning of the ETIAS shall be subjected to an independent and regular audit, at EU level and at national level, by independent EU and national authorities competent in the matter, including the European Data Protection Supervisor.
Amendment 253 #
Proposal for a regulation
Recital 29
Recital 29
(29) Issued travel authorisations should be reviewed and where applicable annulled or revoked as soon as it may 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, revokeiew the travel authorisation. A possibility to revoke the travel authorisation at the request of the applicant should also be provided.
Amendment 260 #
Proposal for a regulation
Recital 30
Recital 30
(30) When, in exceptional cirmcumstances, 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 thall be possibility le to issue a travel authorisation with limited territorial and temporal validity to this person.
Amendment 263 #
Proposal for a regulation
Recital 31
Recital 31
(31) Prior to boarding, air and sea carriers, as well as carriers transporting groups overland by coach 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 shouldall 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 abolitionverify the validity of the travel authorisation using travel document data. Lack of travel authorisation should not constitute a sufficient reason for refusing boarding, especially when the individual concerned needs to travel unexpectedly and/or in an emergency and it should be possible to apply on arrival at the border of cthecks at their common borders Member State of entry.
Amendment 266 #
Proposal for a regulation
Recital 32
Recital 32
(32) In order to comply with the revised conditions for entry, border guards should check whether the traveller is in possession of a valid travel authorisation. Therefore, during the standard border control process, the border guard should electronically read the travel document data. This operation should trigger a query to different databases as provided under the Schengen Border Code including a query to ETIAS which should provide the up-to-date travel authorisation status. The ETIAS file itself should not be accessible to the border guard for border controls. If there is no valid travel authorisation, the border guard should refuse entry and should complete the border control process accordinglymake sure that the traveller is travelling to the designated location in order to apply or investigate whether he/she may enter the territory on the basis of an entry with limited territorial validity or for other reasons. If there is a valid travel authorisation, the decision to authorise or refuse entry should be taken by the border guard.
Amendment 270 #
Proposal for a regulation
Recital 33
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 necessaWhile law enforcement authorities may have a right of access so as to obtain the latest information to assist them in carry 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 substantialg out their tasks in the fight against terrorist offences and other serious criminal offences and make 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, it is essential that access is in proportion to these tasks and only when strictly necessary.
Amendment 273 #
Proposal for a regulation
Recital 34
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 principles of necessity, proportionality and specific purpose and 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 States (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.
Amendment 276 #
Proposal for a regulation
Recital 35
Recital 35
(35) In particular, access to ETIAS data for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences shouldall only be granted following a reasoned request by the competent authorities giving reasons for its necessity. Member States shouldall 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.
Amendment 281 #
Proposal for a regulation
Recital 38
Recital 38
Amendment 283 #
Proposal for a regulation
Recital 38
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 and 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 on the basis of a reasoned request giving its grounds for access 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. _________________ 29 OJ L 119, 4.5.2016, p. 132-149.
Amendment 286 #
Proposal for a regulation
Recital 39
Recital 39
(39) To exclude systematic searches, the processing of data stored in the ETIAS Central System should take place only in specific emergency cases and only when it is necessary for the purposes of preventing, detecting or investigating imminent terrorist offences or other serious criminal offences. The designated authorities and Europol should only request access to ETIAS when they have reasonable grounds to believewell-founded grounds that such access will provide information that will substantially assist them in preventing, or detecting or investigating aan imminent 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 EU databases at Europol did not lead to the requested information.
Amendment 289 #
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 fivetwo years from the last entry record of the applicant stored in the EES. In fact, the ETIAS should rely on accurate preliminary assessments of the security, public health and irregular migration risks, notably through the use of the screening rules. In order to constitute a reliable basis for the manual risk assessment by the Member States, and reduce to the minimum the occurrence of hits not corresponding to real risks ('false positives'), the hits resulting from screening rules based on statistics generated by ETIAS data itself need to be representative of a sufficiently broad population. This cannot be achieved exclusively on the basis of the data of the travel authorisations in their validity period. The retention period should start from the last entry record of the applicant stored in the EES, since that constitutes the last actual use of the travel authorisation. A retention period of five years corresponds to the retention period of an EES record with an entry authorisation granted on the basis of an ETIAS travel authorisation or a refusal of entry. This synchronisation of retention periods ensures that both the entry record and the related travel authorisation are kept for the same duration and is an additional element ensuring the future interoperability between ETIAS and EES. This synchronisation of data retention periods is necessary to allow the competent authorities to perform the risk analysis requested by the Schengen Borders Code. A decision to refuse, revoke or annul a travel authorisation could indicate a higher security or irregular migration risk posed by the applicant. Where such a decision has been issued, the 5 years retention period for the related data should start from its date of issuance, in order for ETIAS to be able to take accurately into account the higher risk possibly posed by the applicant concerned unless the travel authorisation expires prior to this date. In fact, the ETIAS should rely on accurate preliminary assessments of the security risks, notably through the use of the screening rules. After the expiry of such period, the personal data should be deleted.
Amendment 295 #
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) eu-LISA shall base the design, creation and development 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, the secure communication channel between the EES Central System and the VIS Central System, and the communication infrastructure, on the principles of ‘limitation of purpose’ and ‘respect for privacy and data protection from the design stage onwards’. It shall furthermore ensure that the use of the ETIAS by all users complies with data protection provisions.
Amendment 300 #
Proposal for a regulation
Recital 48
Recital 48
Amendment 307 #
Proposal for a regulation
Recital 49
Recital 49
(49) The effective monitoring of the application of this Regulation requires evaluation at regular intervals. The Member States should designate the independent national authorities responsible for monitoring the functioning of the whole of the ETIAS system and lay down rules on the penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented.
Amendment 308 #
Proposal for a regulation
Recital 50 – indent 1
Recital 50 – indent 1
Amendment 315 #
Proposal for a regulation
Recital 50 – indent 5
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.
Amendment 319 #
Proposal for a regulation
Recital 51
Recital 51
(51) It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particularThe Commission should, in particular, carry out a full analysis of the impact, including on fundamental rights and data protection, so that account is taken of the latter in all preparatory work. In addition, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. In view of the content of the provisions concerned, the European Data Protection Supervisor and the Agency for Fundamental Rights should be consulted on delegated acts and issue opinions.
Amendment 321 #
Proposal for a regulation
Recital 54
Recital 54
(54) The projected costs for the development of the ETIAS Information System and for the establishment of the ETIAS Central Unit and the ETIAS National Units are lower than the remaining amount on the budget earmarked for Smart Borders in Regulation (EU) No 515/2014 of the European Parliament and the Council37. Accordingly, this Regulation, pursuant to Article 5(5)(b) of Regulation (EU) No 515/2014, should, re- allocate the amount currently attributed for developing IT systems supporting the management of migration flows across the external borders. _________________ 37 Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing as part of the Internal Security Fund, the Instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).
Amendment 323 #
Proposal for a regulation
Recital 55
Recital 55
Amendment 328 #
Proposal for a regulation
Article 1
Article 1
Amendment 330 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a 'European Travel Information and Authorisation System' (ETIAS) for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement') enabling to determine whether their presence in the territory of the Member States does not pose an irregular migration, security or public health security risk. For this purpose a travel authorisation and the conditions and procedures to issue or refuse it are introduced.
Amendment 340 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 342 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 345 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) third country nationals who are members of the family of a Union citizen to whom Directive 2004/38/EC applies and who hold a residence card pursuant to that Directive;.
Amendment 347 #
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) third country nationals who are members of the family of nationals of a third country enjoying the right of free movement under Union law and who hold a residence card pursuant to Directive 2004/38/EC;
Amendment 351 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) 'travel authorisation' means a decision issued in accordance with this Regulation indicating that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the Member States poses an irregular migration, security or public health security 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 357 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 364 #
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 370 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) '‘serious criminal offences' means the offences which correspond or are equivalent to those referred to in Article 2(2) of Framework Decision 2002/584/JHA, if they are punishable under national law by a custodial sentence or a detention order for a maximum period of at least threfive years;
Amendment 374 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The definitions set out in Article 2 of Regulation (EC) 45/2001 shall apply in so far as personal data are processed by the European Border and Coast Guard Agency and eu-LISA.
Amendment 377 #
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 risk assessment ofassessment of possible security risks posed by applicants, prior to their arrival at the external borders crossing points, in order to determine whether there are factual indications or reasonable groundsis evidence to conclude that the presence of the person on the territory of the Member States poses a security risk;
Amendment 378 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 383 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
Amendment 387 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 389 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. All sharing or re-use of data shall be strictly supervised and limited to only what is specifically necessary.
Amendment 390 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. An ETIAS Central Unit is hereby established within the European Border and Coast Guard AgencyAgency for the operational management of large- scale IT systems in the area of freedom, security and justice (eu-LISA).
Amendment 397 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
Amendment 403 #
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
Amendment 405 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The eu-LISA Agency shall also be in charge of: (a) risk assessment profiling; (b) setting up regular independent audits on the processing of applications and on the implementation of the provisions of Article 28, including regular assessments of their impact on fundamental rights, in particular with regard to observance of privacy and personal data protection by EU and national authorities, both independent ones and those competent in the matter and including the European Data Protection Supervisor and the Agency for Fundamental Rights.
Amendment 413 #
(d) providing applicants with information regarding the procedure to be followed in the event of an appeal in accordance with Article 31(2) and regarding the reasons why authorisation was refused;
Amendment 418 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. An ETIAS Screening Board with an advisory function is hereby established within the European Border and Coast Guard Agencyeu-LISA. It shall be composed of a representative of each ETIAS National Unit and, Europol, the EDPS and the FRA.
Amendment 420 #
Proposal for a regulation
Article 9 – paragraph 2 – point -a (new)
Article 9 – paragraph 2 – point -a (new)
(-a) ensuring that fundamental rights standards are complied with, in particular the right to privacy and data protection, and assessing risks of profiling.
Amendment 421 #
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 424 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 428 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The ETIAS Screening 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 Agencyeu-LISA.
Amendment 432 #
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, the Schengen Information System (SIS), [the Eurodac] and [the European Criminal Records Information System (ECRIS)]the Schengen Information System (SIS) shall be established to enable carrying out of the risk assessment referred to in Article 18.
Amendment 447 #
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, observing in full the principle of the best interest of the child, to the elderly and to persons with a disability. Particular attention shall also be paid to ruling out any risk of profiling.
Amendment 459 #
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 461 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The public website and the mobile app for mobile devices shall be available in as many as possible of the official languages of the countries ETIAS applicants come from, and in all the official languages of the Member States.
Amendment 465 #
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. MIn full compliance with the best interests of the child, minors shall submit an specific application form, electronically signed by a person exercising permanent or temporary parental authority or legal guardianship, only where they have particular reasons for doing so. Failing that, their application shall be annexed to that of the person with whom they are entering the Schengen Area.
Amendment 474 #
Proposal for a regulation
Article 15 – paragraph 2 – point h
Article 15 – paragraph 2 – point h
Amendment 480 #
Proposal for a regulation
Article 15 – paragraph 2 – point i
Article 15 – paragraph 2 – point i
Amendment 494 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 500 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 510 #
Proposal for a regulation
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
(b) whether he or she has ever been convicted of any serious criminal offence in any country;
Amendment 517 #
Proposal for a regulation
Article 15 – paragraph 4 – point d
Article 15 – paragraph 4 – point d
(d) regarding any decision requiring him or her to leave the territory of a Member State or of any other country or whether he or she was subject to any return decision issued over the last ten year12 months.
Amendment 520 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 522 #
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 524 #
Proposal for a regulation
Article 15 – paragraph 6 a (new)
Article 15 – paragraph 6 a (new)
6a. 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, to which nothing may be added that is unrelated to this Regulation, in strict compliance with international law and Member States’ obligations in that area.
Amendment 525 #
Proposal for a regulation
Article 15 – paragraph 8
Article 15 – paragraph 8
Amendment 529 #
Proposal for a regulation
Article 16
Article 16
Amendment 541 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 543 #
(e) the date and the time the application form was submitted as well as a reference to the successful payment of the travel authorisation fee and the unique reference number of the payment.
Amendment 547 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point g
Article 18 – paragraph 2 – subparagraph 2 – point g
Amendment 548 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point g
Article 18 – paragraph 2 – subparagraph 2 – point g
(g) [whether the applicant is currently reported as having overstayerd, whether he has been reported as overstayer in the pastin the last 12 months, through consultation of the EES;]
Amendment 549 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point h
Article 18 – paragraph 2 – subparagraph 2 – point h
Amendment 550 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point h
Article 18 – paragraph 2 – subparagraph 2 – point h
(h) [whether the applicant was refused entry, in the last 12 months, through consultation of the EES;]
Amendment 551 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point i
Article 18 – paragraph 2 – subparagraph 2 – point i
Amendment 553 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point i
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 in the last 12 months;
Amendment 555 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point k
Article 18 – paragraph 2 – subparagraph 2 – point k
Amendment 558 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point k
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 in the last 12 months;]
Amendment 562 #
Proposal for a regulation
Article 18 – paragraph 4
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 and (f).
Amendment 569 #
Proposal for a regulation
Article 18 – paragraph 7 – subparagraph 1 – point d
Article 18 – paragraph 7 – subparagraph 1 – point d
Amendment 571 #
Proposal for a regulation
Article 18 – paragraph 7 – subparagraph 2
Article 18 – paragraph 7 – subparagraph 2
Any hit resulting from this comparison shall be stored in the SIS for a maximum of two years.
Amendment 584 #
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 28the SIS.
Amendment 592 #
Proposal for a regulation
Article 20 – paragraph 6 a (new)
Article 20 – paragraph 6 a (new)
6a. The applicant shall be immediately informed why he or she has been denied automatic authorisation to travel and which national authority is responsible for the manual processing procedure.
Amendment 594 #
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 areis no factual indications or reasonable grounds to concludeevidence to suggest that the presence of the person on the territory of the Member States poses a security or public health risk in accordance with Directive 2004/38/ECrisk.
Amendment 597 #
Proposal for a regulation
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
Amendment 599 #
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 1
Article 21 – paragraph 3 – subparagraph 1
Amendment 601 #
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 2
Article 21 – paragraph 3 – subparagraph 2
Amendment 606 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 634 #
Proposal for a regulation
Article 22 – paragraph 4 – point b
Article 22 – paragraph 4 – point b
(b) where the hit corresponds to one or several of the categories laid down in Article 18(2)(d) to (m), assess the security or irregular migration risk and decide whether to issue or refuse a travel authorisation.
Amendment 642 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Where the automated processing laid down in Article 18(3) has reported that the applicant replied affirmatively to one of the questions referred to in Article 15(4), the ETIAS National Unit of the responsible Member State shall assess the irregular migration, security or public healthsecurity risk and decide whether to issue or refuse a travel authorisation.
Amendment 651 #
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. Where the automated processing laid down in Article 18(5) has reported a hit, the ETIAS National Unit of the responsible Member State shall assess the irregular migration, security or public healthsecurity risk and decide whether to issue or refuse a travel authorisation.
Amendment 658 #
Proposal for a regulation
Article 22 – paragraph 7 a (new)
Article 22 – paragraph 7 a (new)
7a. The applicant shall be immediately informed why he or she has been denied automatic authorisation to travel.
Amendment 661 #
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 may request the applicant for additional information or documentation, albeit without broadening the scope of the information requested.
Amendment 671 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. In exceptional circumstances, the ETIAS National Unit may invite the applicant for an interview at a consulate in his or her country of residence. That interview shall under no circumstances be used to broaden the scope of the information requested under this Regulation.
Amendment 688 #
Proposal for a regulation
Article 25
Article 25
Amendment 700 #
Proposal for a regulation
Article 26 – paragraph 1 – point b a (new)
Article 26 – paragraph 1 – point b a (new)
(ba) the reasons, in clear terms, for any denial of travel authorisation.
Amendment 708 #
Proposal for a regulation
Article 28
Article 28
Amendment 712 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The ETIAS screening rules shall 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 healthsecurity risks. The ETIAS screening rules shall be registered in the ETIAS Central System.
Amendment 716 #
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. The irregular migration, security or public healthSecurity risks shall be determined on the basis of:
Amendment 721 #
Proposal for a regulation
Article 28 – paragraph 2 – point a
Article 28 – paragraph 2 – point a
(a) [statistics generated by the EES indicating abnormal rates of overstayers and refusals of entry for a specific group of travellers; ;]
Amendment 731 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 736 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 737 #
Proposal for a regulation
Article 28 – paragraph 4 – point c
Article 28 – paragraph 4 – point c
Amendment 743 #
Proposal for a regulation
Article 28 – paragraph 4 – point d
Article 28 – paragraph 4 – point d
Amendment 745 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
Amendment 747 #
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
Amendment 749 #
Proposal for a regulation
Article 29
Article 29
Amendment 768 #
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 areis no factual indications or reasonable groundsevidence to conclude that the presence of the person on the territory of the Member States poses an irregular migration, security or public health security risk, a travel authorisation shall be issued by the ETIAS Central System or the ETIAS National Unit of the responsible Member State.
Amendment 788 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point b
Article 31 – paragraph 1 – subparagraph 1 – point b
Amendment 795 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point d
Article 31 – paragraph 1 – subparagraph 1 – point d
Amendment 799 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 2
Article 31 – paragraph 1 – subparagraph 2
Amendment 801 #
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 appealobtain the information which led to the refusal in order to assert their right of access to personal data concerning them and to appeal with the necessary guarantees with regard to the principles of protection of individuals and respect for fundamental rights, as defined by European law and international law. Appeals 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. 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 816 #
Proposal for a regulation
Article 32 – paragraph 2 – point c
Article 32 – paragraph 2 – point c
(c) the ground(s) for refusal of the travel authorisation, as laid down in Article 31(1);
Amendment 828 #
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. Applicants whose travel authorisation has been annulled must be notified of their right to obtain the information and grounds which led to that decision in order to assert their right of access to personal data concerning them and to appeal with the necessary guarantees with regard to the principles of the protection of individuals and respect for fundamental rights, as defined by European and international law. Appeals 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.
Amendment 832 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
Amendment 835 #
Proposal for a regulation
Article 35 – paragraph 4 a (new)
Article 35 – paragraph 4 a (new)
4a. Before notification of the revocation decision, the beneficiary of the travel authorisation shall be informed so that he or she can assert his or her rights and provide any information justifying his or her situation.
Amendment 836 #
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. Applicants whose travel authorisation has been revoked shall have the right to obtain the information and grounds which led to that decision in order to assert their right of access to personal data concerning them and to appeal with the necessary guarantees with regard to the principles of protection of individuals and respect for fundamental rights, as defined by European law and international law. Appeals 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.
Amendment 852 #
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 it necessaryit is justified 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 857 #
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. A travel authorisation with limited territorial validity shall be valid for the territory of the issuing Member State and for a maximum of 15 dayperiod which may not be less than three months.
Amendment 874 #
Proposal for a regulation
Article 39 – paragraph 1 a (new)
Article 39 – paragraph 1 a (new)
1a. Such verification must never affect the right of asylum and may not constitute grounds for refusal for applicants and the beneficiaries of international protection, in particular with regard to the principle of non-refoulement.
Amendment 895 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Member States shall designate the persons strictly entitled by the law enforcement authorities which are entitled to request consultinformation ofn the data recorded in the ETIAS Central System in order to prevent, detect and investigate terrorist offences or other serious criminal offences. Such access and entitlement shall be the subject to verification by an independent authority.
Amendment 897 #
2. At national level, each Member State shall keep a list of the contact points within the designated authorities referred to in Article 8 (2) (c) that are authorised to request a consultinformation ofn the data stored in the ETIAS Central System through the central access point(s).
Amendment 899 #
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. The competent authorities shall submit a reasoned electronic request for consultinformation ofabout 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.
Amendment 901 #
Proposal for a regulation
Article 44 – paragraph 1 a (new)
Article 44 – paragraph 1 a (new)
1a. 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.
Amendment 902 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
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 whetherinformation about the data undergoes an efficient and timely verification by an independent authority in full compliance with the conditions referred to in Article 45 are fulfilled, including wthether justification of any request for consultinformation ofabout data referred to in Article 15(2)(i) and (4)(b) to (d) is justified45.
Amendment 904 #
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
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.
Amendment 908 #
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. Where an ex post independent verification determines that the consultation of and access to the data recorded in the ETIAS Central System wereis 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.
Amendment 909 #
Proposal for a regulation
Article 44 – paragraph 5 a (new)
Article 44 – paragraph 5 a (new)
5a. Any decision taken on the basis of this erroneous information must be annulled.
Amendment 911 #
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. DSubject to prior checking by an independent court or authority, designated authorities may request consultinformation ofn the data stored in the ETIAS Central System if all the following conditions are met:
Amendment 912 #
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) the consultationaccess to the stored data is necessary for the purpose of the prevention, detection or investigation of a terrorist offences or another serious criminal offence;
Amendment 915 #
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
(b) access for consultationto information on the stored data is necessary in a specific case;
Amendment 918 #
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
(c) reasonabdetailed grounds exist based on the established facts to consider that the consultinformation ofn the data stored in the ETIAS Central System may substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under the category of third country nationals covered by this Regulation;
Amendment 920 #
Proposal for a regulation
Article 45 – paragraph 2 – introductory part
Article 45 – paragraph 2 – introductory part
2. Consultation ofAccess to the information on the data stored in the ETIAS Central System shall be limited to searching with the following data recorded in the application file:
Amendment 923 #
Proposal for a regulation
Article 45 – paragraph 2 – point f
Article 45 – paragraph 2 – point f
Amendment 925 #
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
4. Consultation of the ETIAS Central System shall, in the event of a hit with data recorded in an application file, give access to the data referred to in Article 15(2)(a) to (g) and (j) to (m) as recorded in that application file as well as to data entered in that application file in respect of the issuing, refusal, revocation or annulment of a travel authorisation in accordance with Articles 33 and 37. Access to the data referred to in Article 15(2)(i) and in (4) (b) to (d) as recorded in the application file shall only be given if consultation of that data was explicitly requested by the operating units in the reasoned electronic request submitted under Article 44(1) and approved by the independent verification. Consultation of the ETIAS Central System shall not give access to data concerning the education as referred to in Article 15(2)(h) or on whether or not the applicant may pose a public health risk as referred to in Article 15(4)(a).
Amendment 927 #
Proposal for a regulation
Article 46
Article 46
Amendment 929 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. For the purposes of Article 1(2), Europol, subject to prior control by an independent court or authority, 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.
Amendment 945 #
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
(b) [fivetwo years from the last entry record of the applicant stored in the EES; or]
Amendment 950 #
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
(c) fivetwo years from the last decision to refuse, revoke or annul the travel authorisation in accordance with Articles 31, 34 and 35.
Amendment 951 #
Proposal for a regulation
Article 48 – paragraph 5 – introductory part
Article 48 – paragraph 5 – introductory part
5. Where a third country national with a travel authorisation has acquired the nationality of a Member State or has fallen under the scope of Article 2(2)(a) to (e), the authorities of that Member State shall verify whether that person has a valid travel authorisation and, where relevant, shall, the authorities of that Member State shall immediately delete the application file without delay from the ETIAS Central System. The authority responsible for deleting the application file shallmay be the:
Amendment 956 #
Proposal for a regulation
Article 48 – paragraph 6
Article 48 – paragraph 6
6. Where a third country national has fallen underfalls within the scope of Article 2(2)(f) to (h), he or she shall inform the competent authorities of the Member State he or she next enters of this change. That Member State shall contact the ETIAS Central Unit within a time limit of 14 days. The ETIAS Central Unit shall check the accuracy of the data within a time limit of one month and, if necessary erase the application file and the data contained within from the ETIAS Central System without delay. The individual shall have access to an effective judicial remedy to ensure the data is deleted.
Amendment 967 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. The European Border and Coast Guard Agencyeu-LISA is to be considered a data controller in accordance with Article 2(d) of Regulation (EC) No 45/2001 in relation to the processing of personal data in the ETIAS Central System..
Amendment 968 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
Amendment 971 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Both eu-LISA, the European Border and Coast Guard Agency and the ETIAS National Units shall ensure the security of processing of personal data takes place pursuant to the application of this Regulation. eu-LISA and the ETIAS National Units shall cooperate on security related tasks.
Amendment 973 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
Amendment 975 #
Proposal for a regulation
Article 54 – paragraph 2 – subparagraph 1
Article 54 – paragraph 2 – subparagraph 1
In order to exercise their rights under Articles 13, 14, 15 and 16 of Regulation (EC) 45/2001 and Article 15, 16, 17 and 18 of [Regulation (EU) 2016/679] any applicant shall have the right to address him or herself to the ETIAS Central Unit or to the ETIAS National Unit responsible for the application, who shall examine and reply to the request. The person concerned must have the opportunity to appeal before the courts, with suspensive effect, as soon as possible.
Amendment 976 #
Proposal for a regulation
Article 54 – paragraph 2 – subparagraph 3
Article 54 – paragraph 2 – subparagraph 3
Amendment 978 #
Proposal for a regulation
Article 54 – paragraph 2 – subparagraph 3
Article 54 – paragraph 2 – subparagraph 3
Where a travel authorisation is amended by the ETIAS Central Unit or an ETIAS National Unit during its validity period, the ETIAS Central System shall carry out the automated processing laid down in Article 18 to determine whether the amended application file triggers a hit pursuant to Article 18(2) to (5). Where the automated processing does not report any hit, the ETIAS Central System shall issue an amended travel authorisation with the same validity of the original and notify the applicant. Where the automated processing reports one or several hit(s), the ETIAS National Unit of the Member State of first entry as declared by the applicant in accordance with Article 15(2)(j) shall assess the irregular migration, security or public healthsecurity risk and shall decide whether to issue an amended travel authorisation or, where it concludes that the conditions for granting the travel authorisation are no longer met, revoke the travel authorisation.
Amendment 982 #
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. Personal data stored in the ETIAS Central System shallmust not be transferred or made available to a third country, to an international organisation or any private party with the exception of transfers to Interpol for the purpose of carrying out the automated processing referred to in Article 18(2)(b) and (m). Transfers of personal data to Interpol are subject to the provisions of Article 9 of Regulation 45/2001.
Amendment 986 #
Proposal for a regulation
Article 55 – paragraph 2
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) shallmust 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.
Amendment 991 #
Proposal for a regulation
Article 56 – paragraph 3 a (new)
Article 56 – paragraph 3 a (new)
3a. All the information gathered in this framework shall be forwarded to eu- LISA to enable it to carry out its monitoring tasks in accordance with Articles 50, 51 and 52 and to the EDPS to enable it to carry out its controls, as set out in Article 57.
Amendment 995 #
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
The European Data Protection Supervisor shall ensure that an audit of the European Border and Coast Guard Agency’s, eu- LISA'’s and the ETIAS Central Unit’s 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. eu-LISA and the European Border and Coast Guard Agency shall be given an opportunity to make comments before their audit reports are is adopted.
Amendment 996 #
Proposal for a regulation
Article 57 – paragraph 1 a (new)
Article 57 – paragraph 1 a (new)
For those purposes, the European Data Protection Supervisor must have the necessary resources, including material resources and the necessary information.
Amendment 1005 #
Proposal for a regulation
Article 61 – paragraph 1 – point d
Article 61 – paragraph 1 – point d
(d) that decisions on applications must be notified to the applicant, that such decisions must state, where relevant, the reasons for refusal on which they are based and that applicants whose applications are refused have a right to appeal, with information regarding the procedure to be followed in the event of an appeal, including the competent authority, as well as the time limit for lodging an appeal;
Amendment 1009 #
Proposal for a regulation
Article 63 – paragraph 1 a (new)
Article 63 – paragraph 1 a (new)
1a. eu-LISA must base the design, creation and development of the system's physical architecture, including its Communication Infrastructure, as well as technical specifications and their evolution with regard to the Central System, the Uniform Interfaces, and Communication Infrastructure, on the principles of ‘purpose limitation’ and ‘respect of privacy and data protection from the design stage’. It must furthermore ensure that the use of the ETIAS by all users complies with data protection provisions.
Amendment 1011 #
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. The infrastructures supporting the public website, the mobile app and the carrier gateway shall be hosted in eu-LISA' sites or in Commission sites. These infrastructures shall be geographically distributed to provide the functionalities laid down in this Regulation in accordance with the conditions of security, availability, quality and speed laid down in paragraph 3.
Amendment 1012 #
Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 1
Article 63 – paragraph 3 – subparagraph 1
Amendment 1014 #
Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 2
Article 63 – paragraph 3 – subparagraph 2
Amendment 1018 #
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 adopted by the Management Board, subject to a favourable opinion of the Commission. eu-LISA shall also implement any necessary adaptations to the EES, SIS, Eurodac, ECRIS or VISSIS, deriving from the establishment of interoperability with the ETIAS.
Amendment 1022 #
Proposal for a regulation
Article 63 – paragraph 4
Article 63 – paragraph 4
4. During the designing and development phase, a Programme Management Board composed of a maximum of 10 members shall be established. It shall be composed of six members appointed by eu-LISA’s Management Board from among its members or its alternates, the Chair of the ETIAS-EES Advisory Group referred to in Article 80, a member representing eu-LISA appointed by its Executive Director, a member representing the European Border and Coast Guard Agency appointed by its Executive Director, a member of the EDPS and one member appointed by the Commission. The members appointed by eu-LISA's Management Board shall be elected only from those Member States which are fully bound under Union law by the legislative instruments governing the development, establishment operation and use of all the large-scale IT systems managed by eu- LISA and which will participate in the ETIAS. The Programme Management Board will meet once a month. It shall ensure the adequate management of the design and development phase of the ETIAS. The Programme Management Board shall submit written reports every month to the Management Board on progress of the project. It shall have no decision-making power nor any mandate to represent the members of the Management Board.
Amendment 1024 #
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
Amendment 1027 #
Proposal for a regulation
Article 67
Article 67
Amendment 1032 #
Proposal for a regulation
Article 67 – paragraph 3
Article 67 – paragraph 3
3. Europol shall be responsible for providing an opinion following a consultation request pursuant to Article 265.
Amendment 1040 #
Proposal for a regulation
Article 73 – paragraph 1 – point d
Article 73 – paragraph 1 – point d
Amendment 1041 #
Proposal for a regulation
Article 73 – paragraph 1 – point e
Article 73 – paragraph 1 – point e
Amendment 1044 #
Proposal for a regulation
Article 73 – paragraph 1 – point g
Article 73 – paragraph 1 – point g
Amendment 1046 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 1
Article 73 – paragraph 2 – subparagraph 1
For the purpose of paragraph 1, eu-LISA shall establish, implement and host a central repository containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics to improve the assessment of the irregular migration, security and healthsecurity risks, to enhance the efficiency of border checks, to help the ETIAS Central Unit processing the travel authorisation applications and to support evidence- based Union migration policymaking. The repository shall also contain daily statistics on the data referred to in paragraph 4. Access to the central repository shall be granted by means of secured access through S-TESTA with control of access and specific user profiles solely for the purpose of reporting and statistics.
Amendment 1052 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 2 a (new)
Article 73 – paragraph 2 – subparagraph 2 a (new)
The data collected in this central repository must be processed in accordance with all the provisions of Chapter XI.
Amendment 1053 #
Proposal for a regulation
Article 73 – paragraph 4
Article 73 – paragraph 4
4. Every quarter, eu-LISA shall publish statistics on the ETIAS Information System showing in particular the number and nationality of applicants whose travel authorisation was granted or refused, including the grounds for refusal, and of third country nationals whose travel authorisation were annulled or revoked.
Amendment 1054 #
Proposal for a regulation
Article 73 – paragraph 6
Article 73 – paragraph 6
6. At the request of the Commission, eu-LISA shall provide ieu-LISA shall provide the Commission and the European Parliament with statistics on specific aspects related to the implementation of this Regulation as well as the statistics pursuant to paragraph 3.
Amendment 1058 #
Proposal for a regulation
Article 75
Article 75
Amendment 1064 #
Proposal for a regulation
Article 77 – paragraph 1 – introductory part
Article 77 – paragraph 1 – introductory part
1. The Commission and the European Parliament shall determine the date from which the ETIAS is to start operations, after the following conditions are met:
Amendment 1088 #
Proposal for a regulation
Article 81 – paragraph 8 – subparagraph 1 – point b
Article 81 – paragraph 8 – subparagraph 1 – point b