2019/0002(COD) ETIAS consequential amendments: borders and visa
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
LENAERS Jeroen ( EPP)
|
VITANOV Petar ( S&D),
TUDORACHE Dragoş ( Renew),
BREYER Patrick ( Verts/ALE),
BERG Lars Patrick ( ID),
BUXADÉ VILLALBA Jorge ( ECR),
PELLETIER Anne-Sophie ( GUE/NGL)
|
| Former Responsible Committee | LIBE | ||
| Committee Opinion | AFET | ||
| Committee Opinion | TRAN | ||
| Former Committee Opinion | TRAN | ||
| Former Committee Opinion | AFET |
Lead committee dossier:
Legal Basis:
TFEU 077-p2
Legal Basis:
TFEU 077-p2Events
2021/07/26
EC - Commission response to text adopted in plenary
Documents
2021/07/14
Final act published in Official Journal
2021/07/07
CSL - Draft final act
Documents
2021/07/07
CSL - Final act signed
2021/06/28
EP/CSL - Act adopted by Council after Parliament's 1st reading
2021/06/07
EP - Text adopted by Parliament, 1st reading/single reading
Details
The European Parliament adopted a legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing the conditions for accessing other EU information systems for ETIAS purposes and amending Regulation (EU) 2018/1240, Regulation (EC) No 767/2008, Regulation (EU) 2017/2226 and Regulation (EU) 2018/1861.
The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal as follows:
Access from the ETIAS Central Unit to other EU information systems, Europol data and Interpol databases
Regulation (EU) 2018/1240 of the European Parliament and of the Council established the European Travel Information and Authorisation System (ETIAS) for third-country nationals exempt from the visa requirement when crossing the external borders of the Union. ETIAS makes it possible to assess whether the presence of such third-country nationals on the territory of the Member States would pose a security or illegal immigration risk or a high epidemic risk.
This Regulation amends Regulations of the European Parliament and of the Council (EU) 2018/1240, (EC) No 767/2008, (EU) 2017/2226, (EU) and 2018/1861 in order to enable the ETIAS central system to carry out checks against the Schengen Information System (SIS), the Visa Information System ( VIS ) the Entry/Exit System ( EES ), Eurodac and the database on criminal records of third-country nationals ( ECRIS-TCN ), as well as Europol data and the Interpol databases on Stolen and Lost Travel Documents (SLTD) and Travel Documents Associated with Notices (TDAWN).
The amending regulation allows the connection of the ETIAS Central System to these databases and defines the data that can be accessed for ETIAS purposes, as well as the conditions and rights of access of the ETIAS Central Unit and the ETIAS National Units. Access to the relevant data in these systems should enable the authorities to assess the security or immigration risk of applicants and to decide whether to issue or refuse a travel authorisation.
Access by Member States, through the ETIAS National Units, to other EU information systems should be in accordance with their participation in the various legal instruments.
Application form and personal data of the applicant
The amended text specifies that the applicant will have to answer the questions by indicating whether he or she has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex, and if so when and in which country.
Automated processing
The ETIAS Central System should send an automated notification to the ETIAS Central Unit.
The European Search Portal (ESP) , established by Regulation (EU) 2019/817 and Regulation (EU) 2019/818 of the European Parliament and of the Council, should enable the data stored in ETIAS and the data stored in the other EU information systems concerned to be queried in parallel.
The ETIAS Central System should verify:
- whether the travel document used for the application corresponds to a travel document reported lost, stolen, misappropriated or invalidated in SIS;
- whether the applicant is subject to a refusal of entry and stay alert entered in SIS;
- whether the applicant is currently reported as an overstayer or whether he or she has been reported as an overstayer in the past in the EES;
- whether the applicant is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS.
Where there are doubts about the identity of the applicant or where the automated verifications have reported a hit, the application should be processed manually by the competent authorities.
The ETIAS Central Unit should provide periodical reports to the Commission and eu-LISA on false hits that are generated during the automated checks.
Refusal of authorisation
Applicants who have been refused a travel authorisation should have the 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.
During the appeal procedure, the appellant should be given access to the information in the application file in accordance with the data protection rules of this Regulation. The ETIAS National Unit of the Member State responsible should provide applicants with information regarding the appeal procedure. That information should be provided in one of the official languages of the countries listed in Annex II to Regulation (EC) No 539/2001 of which the applicant is a national.
Fallback procedures in case of technical impossibility of access to data by carriers
Where technical difficulties make it impossible for carriers to access the ETIAS Information System through the carrier gateway, the ETIAS Central Unit should provide operational support to carriers in order to limit the impact on passenger travel and carriers to the extent possible.
Implementation
The Commission may adopt delegated acts concerning the definition of the conditions for matching data contained in a record, alert or file of other EU information systems consulted with data contained in an ETIAS application file.
It may adopt implementing acts (i) to establish the technical arrangements for the implementation of certain data retention provisions and to further specify the rules concerning the support to be provided to carriers by the ETIAS Central Unit and (ii) to lay down the details of fallback procedures in case of technical impossibility for carriers to access the data and to further specify the rules concerning the support to be provided to carriers by the ETIAS Central Unit.
Documents
2021/06/07
EP - Results of vote in Parliament
Documents
2021/06/07
EP - Decision by Parliament, 1st reading
Documents
2021/06/07
EP - End of procedure in Parliament
2021/04/13
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2020/12/16
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2020/12/14
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2020/12/11
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Jeroen LENAERS (EPP, NL) on the proposal for a regulation of the European Parliament and of the Council establishing the conditions for accessing other EU information systems for ETIAS purposes and amending Regulation (EU) 2018/1240, Regulation (EC) No 767/2008, Regulation (EU) 2017/2226 and Regulation (EU) 2018/1861.
As a reminder, the proposal for a regulation defines the technical amendments necessary to fully set up the European Travel Information and Authorisation System (ETIAS). It amends the legal acts establishing the EU information systems that are necessary for establishing their relation with ETIAS.
The committee considered that, following the recommendations of the substitute impact assessment by the European Parliament Research Services, improvements were needed as regards certain articles.
The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Automated processing
The ETIAS Central System should compare the relevant data to the data present in a record, file or alert registered in the ETIAS Central System, SIS, the EES, VIS, Eurodac, ECRIS-TCN, Europol data and Interpol SLTD and TDAWN databases.
In particular, the ETIAS Central System should verify:
- whether the applicant corresponds to a person whose data is recorded in the ECRIS-TCN for a conviction in the past 20 years for terrorists offences or a conviction in the past 10 years for any other serious criminal offences as listed in the Annex to Regulation (EU) 2018/1240 where those criminal offences are punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years;
- whether the applicant is subject to an alert on return entered in SIS.
ETIAS Central Unit
Members proposed that the ETIAS Central Unit should provide periodical reports to the Commission and eu-Lisa concerning false hits generated during the automated processing. The Central Unit should seek the
cooperation of and information from ETIAS National Units in that regard.
Manual processing of applications by the ETIAS National Units
In the event of hits on SIS Return, the ETIAS national Unit of the Member State that is processing the application should:
- where the return decision is accompanied by an entry ban, immediately inform the issuing Member State through the exchange of supplementary information. The issuing Member State should immediately delete the alert on return and enter an alert for refusal of entry and stay;
- where the return decision is not accompanied by an entry ban, immediately inform the issuing Member State through the exchange of supplementary information, in order that the issuing Member State delete the alert on return without delay.
Where hits are identified, the European Search Portal should provide temporary read-only access to the results of the automated processing in the application file to the ETIAS Central Unit, until the end of the manual process. Where the data made available correspond to those of the applicant or where doubts remain, the unique ID code of the data having triggered a hit should be kept in the application file.
Fallback procedures in the case of a technical impossibility to access data by carriers
Members stressed that the ETIAS Central Unit should provide operational support to carriers. The ETIAS Central Unit should establish procedures to provide such support in Standard Operational Procedures. The Commission should, by means of implementing acts, specify the nature and the extent of the support to be provided and the means to provide such support.
Documents
2020/12/07
EP - Vote in committee, 1st reading
2020/12/07
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2020/10/01
EP - Amendments tabled in committee
Documents
2020/09/02
EP - Committee draft report
Documents
2019/10/21
EP - Committee referral announced in Parliament, 1st reading
2019/09/24
EP - LENAERS Jeroen (EPP) appointed as rapporteur in LIBE
2019/01/17
EP - Committee referral announced in Parliament, 1st reading
2019/01/07
EC - Legislative proposal published
Details
PURPOSE: to define the technical amendments necessary to fully set up the European Travel Information and Authorisation System (ETIAS).
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: Regulation (EU) 2018/1240 of the European Parliament and of the Council created the European Travel Information and Authorisation System (ETIAS) for third-country nationals exempt from the requirement to be in possession of a visa when crossing external borders. It laid down the conditions and procedures to issue or refuse a travel authorisation.
ETIAS enables consideration of whether the presence of those third-country nationals in the territory of the Member States would pose a security, illegal immigration or high epidemic risk.
The ETIAS Regulation provides that the personal data contained in the applications will be compared with the data contained in records, files or alerts:
- in alerts recorded in other EU information systems or databases (the ETIAS Central System, the Schengen Information System (SIS), the Visa Information System (VIS), the Entry/Exit System (EES) or Eurodac), and the European Criminal Records Information System for third-country nationals (ECRIS-TCN);
- in Europol data;
- in the Interpol databases (the Interpol Stolen and Lost Travel Document database (SLTD) or the Interpol Travel Documents Associated with Notices database (TDAWN)).
Not all data are collected or recorded in the same way in the other EU information systems and Europol data. For instance, ‘first names of parents of applicants’ are collected by ETIAS, but not in most of the other systems to be queried by ETIAS.
In order to enable the verification referred to in Article 20 of Regulation (EU) 2018/1240, it is necessary to amend the legal acts establishing the European Union's information systems to ensure interoperability with ETIAS. Without this interoperability, ETIAS cannot enter into service.
CONTENT: the proposal defines the technical amendments necessary to fully set up the ETIAS system. It amends the legal acts establishing the EU information systems that are necessary for establishing their relation with ETIAS.
As a result, it is necessary to amend Regulations of the European Parliament and of the Council (EU) 2018/1240, (EC) No 767/2008 , (EU) 2017/2226 , (EU) 2018/1861 (SIS border) in order to connect the ETIAS Central System to the other EU information systems and to Europol data and to specify the data that will be sent to and from those EU information systems and Europol data.
As compared to the ETIAS Regulation, this proposal only specifies in more details which data is to be compared to which data in the other EU information systems and provides with the necessary amendments as regards granting access rights to those other systems to ETIAS Central and National Units.
This proposal therefore presents amendments to the ETIAS Regulation to specify that the ETIAS Central System would build upon the EES Central System’s hardware and software components in order to establish a shared identity repository for the storage of the identity alphanumeric data of both ETIAS applicants and third-country nationals registered in EES. This shared identity repository would be the basis for the implementation of the common identity repository once the co-legislators adopt the legislative proposals on the interoperability of information systems.
The proposal builds on the Schengen acquis on the crossing of external borders and visas. It therefore takes into account the consequences of the various protocols and agreements signed with the associated countries.
Documents
Documents
- Commission response to text adopted in plenary: SP(2021)472
- Final act published in Official Journal: Regulation 2021/1152
- Final act published in Official Journal: OJ L 249 14.07.2021, p. 0015
- Draft final act: 00017/2021/LEX
- Text adopted by Parliament, 1st reading/single reading: T9-0264/2021
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T9-2021/0264
- Committee report tabled for plenary, 1st reading: A9-0255/2020
- Amendments tabled in committee: PE658.805
- Committee draft report: PE655.702
- Legislative proposal published: COM(2019)0004
- Legislative proposal published: EUR-Lex
- Committee draft report: PE655.702
- Amendments tabled in committee: PE658.805
- Text adopted by Parliament, 1st reading/single reading: T9-0264/2021
- Draft final act: 00017/2021/LEX
- Commission response to text adopted in plenary: SP(2021)472
Votes
Modifications corrélatives du règlement ETIAS: frontières et visas - ETIAS consequential amendments: borders and visa - ETIAS-Folgeänderungen: Grenzen und Visa - A9-0255/2020 - Jeroen Lenaers - Am 66 #
2021/06/07 Outcome: +: 435, 0: 141, -: 119
PPE
NI
The Left| Amendments | Dossier |
| 84 |
2019/0002(COD)
2020/10/02
LIBE
84 amendments...
Amendment 100 #
Proposal for a regulation Article 1 – paragraph 11 a (new) (11 a) In article 26, the following paragraph is inserted: 3a.In the event of hits on SIS Return, the ETIAS national Unit of the Member State that is processing the application shall: a) where the return decision is accompanied by an entry ban, immediately inform the issuing Member State through the exchange of supplementary information.The issuing Member State shall immediately delete the alert on return and enter an alert for refusal of entry and stay pursuant to point (b) of Article 24(1) of Regulation (EU) 2018/1861 b) where the return decision is not accompanied by an entry ban, immediately inform the issuing Member State through the exchange of supplementary information, in order that the issuing Member State delete the alert on return without delay.
Amendment 101 #
Proposal for a regulation Article 1 – paragraph 11 a (new) Regulation (EU) 2018/1240 Article 38, paragraph 2, point (c) (new) (11 a) in Article 38(2), point (c) is replaced by the following: (c) a statement of the grounds for refusal of the travel authorisation indicating the applicable grounds from those listed in Article 37(1) and (2), including information on which information system has generated a hit that led to refusal of the application, enabling the applicant to lodge an appeal. This shall be without prejudice to any limitations in the exercise of the right to information as laid down in Regulation (EC) No 767/2008, Regulation (EU) 2017/2226, Regulation (EU) 2018/1861 and Regulation (EU) 2019/816;
Amendment 102 #
Proposal for a regulation Article 1 – paragraph 12 a (new) Regulation (EU) 2018/1240 Article 45 a (new) (12 a) Article 45a Carrier Assistance Centre 1.A Carriers Assistance Centre shall be established within the ETIAS Central Unit in order to support carriers in the implementation of Article 45 of this Regulation, Article 13 of Regulation (EU) 2017/2226 [EES] and Article 45b of the Proposal COM (2018) 302 [VIS]. 2.The Carriers Assistance Centre shall be responsible for: (a) establishing and maintaining in consultation with the Member States a central register of carriers transporting passengers for commercial purposes to the external borders. (b) providing operational and technical support to the carriers in connection with the queries to be performed on passengers in accordance with Article 45 of this Regulation, Article 13 of Regulation (EU) 2017/2226[EES] and Article 45b of the Proposal COM (2018) 302 [VIS]. 3.The duly authorised staff of the Carrier Assistance Centre shall have access to the datafiles stored in the CIR, ETIAS Central System, EES Central System and VIS Central System for the purpose of verifying the status of the passengers in order to provide the operational support referred to in point (b) of paragraph 2. 4. Commission shall, by means of an implementing act establish the rules regarding the registration of the carriers referred to in point (a) of paragraph 2 and access to the ETIAS, EES and VIS for the Carriers Assistance Centre staff referred to in paragraph 3.
Amendment 103 #
Proposal for a regulation Article 1 – paragraph 12 a (new) Regulation (EU) 2018/1240 Article 69 – paragraph 1– point (ca) (new) (12 a) In Article 69(1), a new point (ca) is added: (ca) the data used through interoperability with other information systems for the processing of the applications, specifically in the cases of manual processing;
Amendment 104 #
Proposal for a regulation Article 1 – paragraph 12 b (new) Regulation (EU) 2018/1240 Article 69 – paragraph 4 (12 b) Article 69(4) is replaced by the following: 4. Such logs may be used only for monitoring the admissibility of data processing, to ensure data security and integrity, and to ensure the right to effective remedy of the applicant. The logs shall be protected by appropriate measures against unauthorised access. They shall be deleted one year after the retention period referred to in Article 54 has expired, if they are not required for monitoring procedures which have already begun.
Amendment 105 #
Proposal for a regulation Article 1 – paragraph 12 c (new) Regulation (EU) 2018/1240 Article 69 – paragraph 4 a (new) (12 c) In Article 69, a new paragraph is added: 4a. For the purpose of paragraph 4, the Commission, shall, by means of a delegated act, define the technical modalities for its implementation.
Amendment 106 #
Proposal for a regulation Article 1 – paragraph 13 – point c Regulation (EU) 2018/1240 Article 88 – paragraph 6 6. The interoperability, referred to in Article 11, with ECRIS-TCN shall start when [the CIR] enters into operations, which is scheduled in 2022.
Amendment 107 #
Proposal for a regulation Article 1 – paragraph 13 – point c Regulation 2018/1240 article 88 – paragraph 7 7. ETIAS shall start its operations irrespective of whether
Amendment 108 #
Proposal for a regulation Article 1 – paragraph 13 – point c Regulation (EU) 2018/1240 Article 88 – paragraph 7 7. ETIAS shall
Amendment 109 #
Proposal for a regulation Article 1 – paragraph 13 a (new) Regulation (EU) 2018/1240 Article 89 – paragraph 2 (new) (13 a) Article 89 is amended as follows: (a) paragraph 2 is replaced by the following: ‘2. The power to adopt delegated acts referred to in Article 6(4), Article 11(9), Article 11(10), Article 17(3), (5) and (6), Articles 18(4), 27(3), Article 31, Articles 33(2), 36(4), 39(2), 54(2), Article 69(4a), Article 83(1) and (3) and Article 85(3) shall be conferred on the Commission for a period of five years from 9 October 2018. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.’;
Amendment 110 #
Proposal for a regulation Article 1 – paragraph 13 b (new) Regulation (EU) 2018/1240 Article 89 – paragraph 3 Amendment 111 #
Proposal for a regulation Article 1 – paragraph 13 c (new) Regulation (EU) 2018/1240 Article 89 – paragraph 6 Amendment 112 #
Proposal for a regulation Article 1 – paragraph 13 d (new) Regulation (EU) 2018/1240 Article 92 – paragraph 5 – point –a (13 d) (13a) in Article 92(5), the following point is inserted: (-a) the querying of ECRIS-TCN through ETIAS;
Amendment 113 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 Regulation (EC) No 767/2008 Article 6 – paragraph 2 Access to the VIS for consulting the data shall be reserved exclusively
Amendment 114 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Regulation (EC) No 767/2008 Articles 18b, 18c and 18d Amendment 115 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Regulation (EC) No 767/2008 Article 18b – paragraph 1 1. From the start of operations of ETIAS, as provided for in Article 88(1) of Regulation (EU) 2018/1240, the ‘CS-VIS’ shall be connected to the
Amendment 116 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Regulation (EC) No 767/2008 Article 18b – paragraph 2 2. The automated processing referred to in Article 11 of Regulation (EU) 2018/1240 shall enable the verifications provided for in Article 20 of that Regulation and the subsequent verifications of Articles 22 and 26 of that Regulation.
Amendment 117 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Regulation (EC) No 767/2008 Article 18c – paragraph 1 1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of
Amendment 118 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Regulation (EC) No 767/2008 Article 18c – paragraph 1 1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, on a read- only format, the right to access and search relevant data in VIS in accordance with Article 11(8) of that Regulation.
Amendment 119 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Regulation (EC) 767/2008 Article 18c – paragraph 1 1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU)
Amendment 120 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Regulation (EC) No 767/2008 Article 18d – paragraph 2 2. The ETIAS National Units, designated pursuant to Article 8(1) of Regulation (EU) 2018/1240, shall have temporary access to
Amendment 121 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 Regulation (EC) No 767/2008 Article 34a Amendment 122 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 a (new) Regulation (EC) No 767/2008 [VIS] New Article 45 b bis (new) Amendment 123 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation (EC) No 767/200 Annex Amendment 124 #
Proposal for a regulation Article 3 – paragraph 1 – point 2 Regulation (EU) 2017/2226 Article 8a – paragraph 2 – introductory part Where an entry/exit record or a refusal of entry record of a visa exempt third country national is created, the automated process shall enable the Central System of the EES the following:
Amendment 125 #
Proposal for a regulation Article 3 – paragraph 1 – point 2 Regulation (EU) 2017/2226 Article 8a – paragraph 2 – point b a (new) (b a) to update the refusal of entry record in the EES in accordance with point (b) of Article 18(1) of this Regulation.
Amendment 126 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 a (new) Regulation (EU) 2017/2226 Article 13 a (new) (3 a) Article 13a Carrier Assistance Centre 1.A Carriers Assistance Centre shall be established within the ETIAS Central Unit in order to support carriers in the implementation of Article 45 of Regulation (EU)2018/1240 [ETIAS], Article 13 of this Regulation and Article 45b of the Proposal COM (2018) 302 [VIS]. 2.The Carriers Assistance Centre shall be responsible for: (a) establishing and maintaining in consultation with the Member States a central register of carriers transporting passengers for commercial purposes to the external borders. (b) providing operational and technical support to the carriers in connection with the queries to be performed on passengers in accordance with Article 45 of Regulation (EU) 2018/1240 [ETIAS], Article 13 of Regulation (EU) 2017/2226[EES] and Article 45b of the Proposal COM (2018) 302 [VIS]. 3.The duly authorised staff of the Carrier Assistance Centre shall have access to the datafiles stored in the CIR, ETIAS Central System, EES Central System and VIS Central System for the purpose of verifying the status of the passengers in order to provide the operational support referred to in point (b) of paragraph 2. 4. Commission shall, by means of an implementing act establish the rules regarding the registration of the carriers referred to in point (a) of paragraph 2 and access to the ETIAS, EES and VIS for the Carriers Assistance Centre staff referred to in paragraph 3.
Amendment 127 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 Regulation (EU) 2017/2226 Article 25a – paragraph 1 Amendment 128 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 Regulation (EU) 2017/2226 Article 25a – paragraph 1 1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, the right to access and search data in the EES in a read-only format and in accordance with Article 11(8) of that
Amendment 129 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 Regulation (EU) 2017/2226 Article 25a – paragraph 1 1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, on a read- only format, the right to access and search data in the EES in accordance with Article 11(8) of that Regulation.
Amendment 130 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 Regulation (EU) 2017/2226 Article 25a – paragraph 1 1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, in a read-only format the right to access and search data in the EES in
Amendment 131 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 Regulation (EU) 2017/2226 Article 28 Data retrieved from the EES pursuant to Articles 24, 25, 26 and 27 may be kept in national files and data retrieved from the EES pursuant to Article 25a may be kept in the ETIAS application files only where necessary in an individual case, in accordance with the purpose for which they were retrieved, and in accordance with relevant Union law, in particular on data protection, and for no longer than strictly necessary
Amendment 132 #
Proposal for a regulation Article 4 – paragraph 1 – point 3 Regulation (EU) 2018/1861 Article 36a – paragraph 1 Amendment 133 #
Proposal for a regulation Article 4 – paragraph 1 – point 3 Regulation (EU) 2018/1861 Article 36a – paragraph 1 1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, on a read- only format, the right to access and search relevant data entered in SIS. The provisions of Article 36(4)-(8) apply to this access and search.
Amendment 134 #
Proposal for a regulation Article 4 – paragraph 1 – point 3 Regulation (EU) 2018/1861 Article 36a – paragraph 1 1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of
Amendment 135 #
Proposal for a regulation Article 4 – paragraph 1 – point 3 Regulation (EU) 2018/1861 Article 36a – paragraph 1 1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, the right to access and search relevant data entered in SIS
Amendment 52 #
Draft legislative resolution Paragraph 1 1.
Amendment 53 #
Draft legislative resolution Paragraph 1 1.
Amendment 54 #
Proposal for a regulation Recital 5 (5) For efficiency reasons and in order to decrease costs, ETIAS should, as provided for in Article 6(3) of Regulation (EU) 2018/1240, re-use hardware and software components developed for the Entry/Exit System (‘EES’) for the development of the shared identity repository. This repository used for the storage of the identity alphanumeric data of both ETIAS applicants and third-country
Amendment 55 #
Proposal for a regulation Recital 5 (5) For efficiency reasons and in order to decrease costs, ETIAS should, as provided for in Article 6(3) of Regulation (EU) 2018/1240, re-use hardware and software components developed for the Entry/Exit System (‘EES’) for the development of the shared identity repository. This repository used for the storage of the identity alphanumeric data of both ETIAS applicants and third-country nationals registered in the EES, should be developed in a way enabling its extension to become the future Common Identity Repository.
Amendment 56 #
Proposal for a regulation Recital 5 a (new) (5 a) The European Search Portal (ESP), established by Regulation (EU) 2019/817 of the European Parliament and of the Council will enable competent authorities to simultaneously query the underlying systems and the combined results will be displayed on a single screen.
Amendment 57 #
Proposal for a regulation Recital 7 (7) It is necessary, for the purposes of ensuring the full attainment of ETIAS objectives, as well as to further the Schengen Information System (‘SIS’) objectives, to include in the scope of the automated verifications
Amendment 58 #
Proposal for a regulation Recital 9 a (new) (9a) Information on the same third- country national may have been stored at different time intervals and may therefore be of differing nature or quality. It is important that the ETIAS Central Unit and the ETIAS National Units study this data simultaneously, not separately, when it is requested. In particular, it is important that the units take account of this data, or the absence of such data, in the event of an ECRIS-TCN alert.
Amendment 59 #
Proposal for a regulation Recital 10 (10) The access rights and conditions under which the ETIAS Central Unit and ETIAS National Units may consult data stored in other EU information systems for the purposes of ETIAS should be safeguarded by clear and precise rules regarding the access by the ETIAS Central Unit and ETIAS National Units to the data stored in other EU information systems, the type of queries and categories of data, all of which should be limited to what is strictly necessary for the performance of their duties. In the same vein, the data stored in the ETIAS application file should only be visible to those Member States that are operating the underlying information systems in accordance with the modalities of their participation. As an example, the provisions of this Regulation relating to the Schengen Information System and the Visa Information System constitute provisions building upon all the provisions of the Schengen acquis, for which the Council
Amendment 60 #
Proposal for a regulation Recital 11 (11) According to Article 73 of Regulation (EU) 2018/1240, the European agency for the operational management of large-scale information systems in the area of freedom, security and justice ('eu- LISA'), established by Regulation (EU) 2018/1726 of the European Parliament and
Amendment 61 #
Proposal for a regulation Article 1 – paragraph 1 Regulation (EU) 2018/1240 Article 3(1)(23) (23) ‘other EU information systems’ means the Entry/Exit System (‘EES’), the Visa Information System (‘VIS’)
Amendment 62 #
Proposal for a regulation Article 1 – paragraph 1 Regulation (EU) 2018/1240 Article 3 – paragraph 1 – point 23 (23) ‘other EU information systems’ means the Entry/Exit System (‘EES’), the Visa Information System (‘VIS’)
Amendment 63 #
Proposal for a regulation Article 1 – paragraph 1 Regulation (EU) 2018/1240 Article 3 – paragraph 1 – point 23 (23) ‘other EU information systems’ means the Entry/Exit System (‘EES’), the Visa Information System (‘VIS’), the Schengen Information System (‘SIS’), Eurodac and the European Criminal Record Information System – Third Country Nationals (‘ECRIS-TCN’).;
Amendment 64 #
(4 a) The ETIAS Central Unit shall provide periodical reports to the Commission and eu-Lisa concerning false hits generated during the automated processing referred to in Article 20 (2). The ETIAS Central Unit shall seek the cooperation and information from ETIAS National Units in this regard.
Amendment 65 #
Proposal for a regulation Article 4 a (new) Regulation (EU) 2018/1240 Article 7 – paragraph 3 b (new) Article 4 a Article 7 (3b) The ETIAS Central Unit shall provide periodical reports to the Commission and eu-LISA concerning false hits generated during the automated processing referred to in Article 20(2). The ETIAS Central Unit shall seek the cooperation and information from the ETIAS National Units in this regard.
Amendment 66 #
Proposal for a regulation Article 1 – paragraph 4 Regulation (EU) 2018/1240 Article 11– paragraph 1 – subparagraph 1 [Interoperability shall rely on the European Search Portal (‘ESP’), established by Article 6 of Regulation (EU) 201
Amendment 67 #
Proposal for a regulation Article 1 – paragraph 4 Regulation (EU) 2018/1240 Article 11– paragraph 4 – introductory part 4. For the purpose of proceeding to the verifications referred to in Article 20(2)(c), (m)(ii) and (o), and Article 23(1), the automated processing referred to in Article 11(1), shall enable the ETIAS Central System to query the SIS established by Regulation (EU) 2018/186
Amendment 68 #
Proposal for a regulation Article 1 – paragraph 4 Regulation (EU) 2018/1240 Article 11 – paragraph 6 – point d a (new) (d a) country of birth;
Amendment 69 #
Proposal for a regulation Article 1 – paragraph 4 Regulation (EU) 2019/1240 Article 11 – paragraph 8 – subparagraph 1 Where hits are identified, the tool referred to in Article 11, shall, in a read-only format, make temporarily available the results in the application file to the ETIAS Central Unit, until the end of the manual process pursuant to Article 22(2) and Article 23(2). Where the data made available correspond to those of the applicant or where doubts remain, the unique ID code of the data having triggered a hit shall be kept in the application file.
Amendment 70 #
Proposal for a regulation Article 1 – paragraph 4 Regulation (EU) 2018/1240 Article 11 – paragraph 8 – subparagraph 1 Where hits are identified, the tool referred to in Article 11, shall
Amendment 71 #
Proposal for a regulation Article 1 – paragraph 4 Regulation (EU) 2018/1240 Article 11 – paragraph 8 – subparagraph 1 Where hits are identified, the
Amendment 72 #
Proposal for a regulation Article 1 – paragraph 4 Regulation (EU) 2018/1240 Article 11 – paragraph 9 9. A hit shall be triggered where all or some of the data from the ETIAS application file used for the query correspond fully or partially to the data present in a record, alert or file of the other EU information systems consulted. In order to avoid false hits, all authorities that insert data shall ensure their high quality and accuracy. The Commission shall, by means of an
Amendment 73 #
Proposal for a regulation Article 1 – paragraph 4 Regulation (EU) 2018/1240 Article 11 – paragraph 9 9. A hit shall be triggered where all or some of the data from the ETIAS application file used for the query correspond fully or partially to the data present in a record, alert or file of the other EU information systems consulted. The Commission shall, by means of an implementing act, define partial correspondence, including a degree of probability to limit the number of false hits and to limit the number of ETIAS queries to what is necessary..
Amendment 74 #
Proposal for a regulation Article 1 – paragraph 4 Regulation (EU) 2018/1240 Article 11 – paragraph 9 9. A hit shall be triggered where all or some of the data from the ETIAS application file used for the query correspond fully or partially to the data present in a record, alert or file of the other EU information systems consulted. The Commission shall, by means of a
Amendment 75 #
Proposal for a regulation Article 1 – paragraph 4 Regulation (EU) 2018/1240 Article 11 – paragraph 10 10. For the purpose of paragraph 1, the Commission, shall, by means of a
Amendment 76 #
Proposal for a regulation Article 1 – paragraph 4 Regulation (EU) 2018/1244 Article 11 – paragraph 10 10. For the purpose of paragraph 1, the Commission, shall, by means of
Amendment 77 #
Proposal for a regulation Article 1 – paragraph 4 Regulation (EU) 2018/1240 Article 11 – paragraph 10 10. For the purpose of paragraph 1, the Commission, shall, by means of a
Amendment 78 #
Proposal for a regulation Article 1 – paragraph 4 Regulation (EU) 2018/ 1240 Article 11 – paragraph 11 For the purpose of Article 25(2), Article 28(8) and Article 29(9) when registering the data related to hits into the ETIAS application file, the origin of the data shall be indicated. This shall include the type of the alert, except for alerts referred to in Article 23(1), the source of the data (which other EU information systems or Europol data), the unique identification number used in the source of the data having triggered the hit and the Member State that entered or supplied the data having triggered the hit and, where available, the date and time when the data was entered in the other EU information systems or Europol data. When a hit leads to a negative decision, and without prejudice to any limitations existing in the EU information system that has triggered the hit, the applicant shall be informed of the system which generated the hit for the purposes of ensuring the applicant's right to an effective remedy.
Amendment 79 #
Proposal for a regulation Article 1 – paragraph 4 Regulation (EU) 2018/1240 Article 11 – paragraph 11 For the purpose of Article 25(2), Article 28(8) and Article 29(9) when registering the data related to hits into the ETIAS application file, the origin of the data shall be indicated. This shall include the type of the alert, except for alerts referred to in Article 23(1), the source of the data (which other EU information systems or Europol data), the unique identification number used in the source of the data having triggered the hit and the Member State that entered or supplied the data having triggered the hit and, where available, the date and time when the data was entered in the other EU information systems or Europol data. When a hit leads to a negative decision, and without prejudice to any limitations existing in the EU information system that has triggered the hit, the applicant shall be informed of the system which generated the hit for the purposes of ensuring the applicant's right to an effective remedy.
Amendment 80 #
Proposal for a regulation Article 1 – paragraph 4 Regulation (EU) 2018/1240 Article 11 – paragraph 11 For the purpose of Article 25(2), Article
Amendment 81 #
Proposal for a regulation Article 1 – paragraph 4 Regulation (EU) 2018/1240 Article 11 – paragraph 11 For the purpose of Article 25(2), Article 28(8) and Article 29(9) when registering the data related to hits into the ETIAS application file, the origin of the data shall be indicated. This shall include the type of the alert, except for alerts referred to in Article 23(1), the source of the data (which other EU information systems or Europol data), the unique identification number used in the source of the data having triggered the hit and the Member State that entered or supplied the data having
Amendment 82 #
Proposal for a regulation Article 1 – paragraph 5 Regulation (EU) 2018/1240 Article 11a For the purpose of Articles 6, 14, 17 and 1
Amendment 83 #
Proposal for a regulation Article 1 – paragraph 5 Regulation (EU) 2018/1240 Article 11a For the purpose of Articles 6, 14 and 17 of Regulation (EU) 2017/2226, an automated process, using the secure communication infrastructure of Article 6(2)(d) of this Regulation, shall query and import from the ETIAS Central System, the information referred to in points (a) to (c) of Article 47(2) of this Regulation, as well as the application number and the end of validity period of an ETIAS travel authorisation, and update the entry/exit record in the EES accordingly.;
Amendment 84 #
Proposal for a regulation Article 1 – paragraph 5 Regulation (EU) 2018/1240 Article 11a For the purpose of Articles 6, 14 and 17 of Regulation (EU) 2017/2226, an automated process, using the secure communication infrastructure of Article 6(2)(d) of this Regulation, shall query and import from the ETIAS Central System, the information referred to in points (a) to (c) of Article 47(2) of this Regulation, as well as the application number and the end of validity period of an ETIAS travel authorisation, and update the entry/exit record in the EES accordingly.;
Amendment 85 #
Proposal for a regulation Article 1 – paragraph 6 Regulation (EU) 2018/1240 Article 12 – paragraph 2 (new) 2. For the purpose of paragraph 1, a cooperation agreement is to be agreed upon between the European Union and INTERPOL. This cooperation agreement shall provide for the modalities for the exchange of information and safeguards for the protection of personal data. This cooperation agreement shall, among others and in any case, ensure that all relevant logs will be kept, that no information shall be revealed to the owner of the data of the Interpol alert and that, in any case, no onward transfers of data shall take place.;
Amendment 86 #
Proposal for a regulation Article 1 – paragraph 6 Regulation (EU) 2018/1240 Article 12 – paragraph 2 (new) 2. For the purpose of paragraph 1, a cooperation agreement is to be agreed upon between the European Union and INTERPOL. This cooperation agreement shall provide for the modalities for the exchange of information and safeguards for the protection of privacy and personal data.
Amendment 87 #
Proposal for a regulation Article 1 – paragraph 6 Regulation 2018/1240 Article 12 – paragraph 2 (new) 2.
Amendment 88 #
Proposal for a regulation Article 1 – paragraph 6 Regulation (EU) 2018/1240 Article 12 – paragraph 2 (new) 2. For the purpose of paragraph 1, a cooperation agreement is to be agreed upon between the European Union and INTERPOL. This cooperation agreement shall provide for the modalities for the exchange of information and safeguards for the protection of personal data
Amendment 89 #
Proposal for a regulation Article 1 – paragraph 7 Regulation (EU) 2018/1240 Article 20 – paragraph 2 – point n (n) whether the applicant corresponds to a person whose data is recorded in the ECRIS-TCN for terrorists offences
Amendment 90 #
Proposal for a regulation Article 1 – paragraph 7 Regulation (EU) 2018/1240 Article 20 – paragraph 2 – point n (n) whether the applicant corresponds to a person whose data is recorded in the ECRIS-TCN
Amendment 91 #
Proposal for a regulation Article 1 – paragraph 7 Regulation (EU) 2018/1240 Article 20 – paragraph 2 – point n (n) whether the applicant corresponds to a person whose data is recorded in the ECRIS-TCN
Amendment 92 #
Proposal for a regulation Article 1 – paragraph 7 – point a (new) (a) (7a) in Article 20(2), the following point is added: "(na) whether the applicant is subject to an alert on return entered in SIS"
Amendment 93 #
Proposal for a regulation Article 1 – paragraph 7 a (new) (7 a) In Article 20(2), the first subparagraph is replaced by the following: The ETIAS Central System shall launch a query by using the ESP to compare the relevant data referred to in points (a), (aa), (b), (c), (d), (f), (g), (j), (k), and (m) of Article 17(2) and in Article 17(8) to the data present in a record, file or alert registered in an application file stored in the ETIAS Central System, SIS, the EES, VIS, Eurodac, ECRIS-TCN, Europol data and in the Interpol SLTD and TDAWN databases
Amendment 94 #
Proposal for a regulation Article 1 – paragraph 9 – point a a (new) (a a) in paragraph 1, the following point is added: "(ca) an alert on illegal migrants subject to a return decision"
Amendment 95 #
Proposal for a regulation Article 1 – paragraph 9 – point b Regulation (EU) 2018/1240 Article 23 – paragraph 2 2. Where the comparison referred to in paragraph 1 reports one or several hits, the ETIAS Central System shall send an automated notification to the ETIAS Central Unit. When notified, the ETIAS Central Unit shall have temporary access to the application file and any linked application files, in order to verify whether the applicant’s personal data correspond to the personal data contained in the alert having triggered that hit and if a correspondence is confirmed, the ETIAS Central System shall send an automated notification to the SIRENE Bureau of the Member State that entered the alert. The SIRENE Bureau concerned shall further verify whether the applicant’s personal data correspond to the personal data contained in the alert having triggered the hit and take any appropriate follow-up action.;
Amendment 96 #
Proposal for a regulation Article 1 – paragraph 10 Regulation (EU) 2018/240 Article 25a – paragraph 1 – point d a (new) (d a) Article 4 of Regulation (EU) 2018/1860 (returns)
Amendment 97 #
Proposal for a regulation Article 1 – paragraph 10 Regulation (EU) 2018/1240 Article 25a – paragraph 2 2.
Amendment 98 #
Proposal for a regulation Article 1 – paragraph 10 Regulation (EU) 2018/1240 Article 25a – paragraph 2 2. The ETIAS National Units shall also have access to the national criminal records registers in order to obtain the information on third country national and stateless persons convicted for a terrorist offence or any other serious criminal offences as specified in the Annex to Regulation (EU) 2018/ 1240 for the purposes referred to in paragraph 1.
Amendment 99 #
Proposal for a regulation Article 1 – paragraph 10 Regulation (EU) 2018/1240 Article 25a – paragraph 2 2. The ETIAS National Units shall also have access, in accordance with national law, to the national criminal records registers in order to obtain the information on third country national and stateless persons convicted for a terrorist offence or any other serious criminal offence for the purposes referred to in paragraph 1.
source: 658.805
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