28 Amendments of Artis PABRIKS related to 2016/0357A(COD)
Amendment 165 #
Proposal for a regulation
Recital 2
Recital 2
(2) Indeed, the Communication of 6 April 2016 identified a series of information gaps. Amongst them the fact that border authorities at external Schengen borders have no information on travellers exempt from the requirement of being in possession of a visa when crossing the external borders. The Communication of 6 April 2016 announced that the Commission would launch a study on the feasibility of establishing a European Travel Information and Authorisation System (ETIAS). Such an automated system would determine the eligibility of visa-exempt third country nationals prior to their travel to the Schengen Area, and whether such travel poses a security or irregularllegal migration risk.
Amendment 182 #
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 irregularllegal migration, security or public health risk. Holding a valid travel authorisation should be a new entry condition for the territory of the Member States, however mere possession of a travel authorisation should not confer an automatic right of entry.
Amendment 192 #
Proposal for a regulation
Recital 10
Recital 10
(10) The ETIAS should contribute to a high level of security, to the prevention of irregularllegal migration and to the protection of public health by providing an assessment of visitors prior to their arrival at the external borders crossing points.
Amendment 239 #
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, irregularllegal migration or public health risk. The criteria used for defining the specific risk indicators should in no circumstances be based on a applicant's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, sexual life or sexual orientation.
Amendment 248 #
Proposal for a regulation
Recital 27
Recital 27
(27) The continuous emergence of new forms of security threats, new patterns of irregularllegal migration and public health threats requires effective responses and needs to be countered with modern means. Since these means entail the processing of important amounts of personal data, appropriate safeguards should be introduced to keep the interference with the right to protection of private life and to the right of protection of personal data limited to what is necessary in a democratic society.
Amendment 294 #
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, irregularllegal migration and public health risks posed by the applicants it is necessary to keep the personal data for five years from the last entry record of the applicant stored in the EES. In fact, the ETIAS should rely on accurate preliminary assessments of the security, public health and irregularllegal 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 irregularllegal migration risk posed by the applicant. Where such a decision has been issued, the 5 years retention period for the related data should start from its date of issuance, in order for ETIAS to be able to take accurately into account the higher risk possibly posed by the applicant concerned. After the expiry of such period, the personal data should be deleted.
Amendment 304 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to assess the security, irregularllegal migration or public health risk which could be posed by a traveller, interoperability between the ETIAS Information System and other information systems consulted by ETIAS such as the Entry/Exit System (EES), the Visa Information System (VIS), the Europol data, the Schengen Information System (SIS), the Eurodac and the European Criminal Records Information System (ECRIS) should have to be established. However this interoperability can only be fully ensured once the proposals to establish the EES33 , the ECRIS34 and the recast proposal of the Eurodac Regulation35 have been adopted. _________________ 33 Proposal for a Regulation of the European Parliament and of the Council establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes and amending Regulation (EC) No 767/2008 and Regulation (EU) COM(2016) 194 final. 34 Proposal for a Directive of the European Parliament and of the Council amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA. 35 Proposal for a Regulation of the European Parliament and of the Council on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of [Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person] , for identifying an illegally staying third- country national or stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes (recast) COM(2016) 272 final.
Amendment 316 #
Proposal for a regulation
Recital 50 – indent 5
Recital 50 – indent 5
- to further specify the security, irregularllegal migration or public health risks to be used for the establishment of the risk indicators.
Amendment 333 #
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 irregularllegal migration, security or public health risk. For this purpose a travel authorisation and the conditions and procedures to issue or refuse it are introduced.
Amendment 352 #
(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 irregularllegal migration, security or public health risk and which is a requirement for third country nationals referred to in Article 2 to fulfil the entry condition laid down in Article 6(1)(b) of Regulation (EU) 2016/399.
Amendment 382 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) contribute to the prevention of irregularllegal migration by providing for an irregularllegal migration risk assessment of applicants prior to their arrival at the external borders crossing points;
Amendment 605 #
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 2
Article 21 – paragraph 3 – subparagraph 2
The specific risk indicators based on irregularllegal migration risks determined pursuant to Article 28(2) shall not apply.
Amendment 610 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. An application for a travel authorisation shall not be refused on the ground of an irregularllegal migration risk as referred to in Article 31(1)(b).
Amendment 639 #
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 irregularllegal migration risk and decide whether to issue or refuse a travel authorisation.
Amendment 646 #
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 irregularllegal migration, security or public health risk and decide whether to issue or refuse a travel authorisation.
Amendment 654 #
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 irregularllegal migration, security or public health risk and decide whether to issue or refuse a travel authorisation.
Amendment 713 #
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 irregularllegal migration, security or public health risks. The ETIAS screening rules shall be registered in the ETIAS Central System.
Amendment 718 #
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. The irregularllegal migration, security or public health risks shall be determined on the basis of:
Amendment 724 #
Proposal for a regulation
Article 28 – paragraph 2 – point b
Article 28 – paragraph 2 – point b
(b) statistics generated by the ETIAS in accordance with Article 73 indicating abnormal rates of refusals of travel authorisations due to an irregularllegal migration, security or public health risk associated with a specific group of travellers;
Amendment 733 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to further specify the irregularllegal migration, security or public health risks referred to in paragraph 2.
Amendment 770 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the examination of an application pursuant to the procedures laid down in Chapters III, IV and V indicates that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the Member States poses an irregularllegal migration, security or public health risk, a travel authorisation shall be issued by the ETIAS Central System or the ETIAS National Unit of the responsible Member State.
Amendment 774 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. The ETIAS National Unit of the responsible Member State may attach a flag to the travel authorisation it issues, recommending further checks at the border crossing point. This flag shall only be visible to the border guards, it shall indicate the reason for such flag and it shall be removed automatically once the check has been carried out.
Amendment 792 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point b
Article 31 – paragraph 1 – subparagraph 1 – point b
(b) poses an irregularllegal migration risk;
Amendment 930 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. For the purposes of Article 1(2), Europol may request consultation of data stored in the ETIAS Central System and submit a reasoned electronic request for consultation of a specific set of data stored in the ETIAS Central System to the ETIAS Central Unita verifying Unit specifically designated for that purpose with duly empowered Europol officials.
Amendment 936 #
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. Europol requests for consultation of data stored in the ETIAS Central System shall be subject to prior verification by the EDPS, where appropriate in accordance with the procedure of Article 44 of Regulation (EU) 2016/794, whichThe verifying Unit referred to in paragraph 1 of this Article shall examine in an efficient and timely manner whether the request fulfils all conditions of paragraph 2.
Amendment 938 #
Proposal for a regulation
Article 46 – paragraph 5
Article 46 – paragraph 5
5. Where the EDPS has approved the request,verifying Unit referred to in paragraph 1 of this Article has approved the request, it shall submit the request to the ETIAS Central Unit, which shall process the request for consultation of data stored in the ETIAS Central System and shall provide the result of the consultation to Europol. The request submitted to the ETIAS Central Unit shall only contain the parameters to be used for the consultation and may not contain any operational information, nor the information or operational arguments justifying the request.
Amendment 981 #
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 irregularllegal migration, security or public health 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 1049 #
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 irregularllegal migration, security and health risks, to enhance the efficiency of border checks, to help the ETIAS Central Unit processing the travel authorisation applications and to support evidence-based Union migration policymaking. The repository shall also contain daily statistics on the data referred to in paragraph 4. Access to the central repository shall be granted by means of secured access through S-TESTA with control of access and specific user profiles solely for the purpose of reporting and statistics.