Activities of Gérard DEPREZ 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 (111)
Amendment 193 #
Proposal for a regulation
Recital 11
Recital 11
(11) ETIAS should contribute to the facilitation of border checks performed by border guards at the external borders crossing points and ensure a coordinated and harmonised assessment of third country nationals subject to the travel authorisation requirement intending at visiting the Schengen area. In addition it should enable to better inform applicants of their eligibility to visit the Schengen area. Moreover, the ETIAS should also contribute to the facilitation of border checks by reducing the number of refusals of entry at the external borders and in certain cases, by enabling border guards to access additional information relevant for second-line checks.
Amendment 197 #
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 for the purpose of refusing entry, 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, inquiry 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 200 #
Proposal for a regulation
Recital 14
Recital 14
(14) The ETIAS Central Unit should be part of the European Border and Coast Guard Agency. The ETIAS Central Unit should be responsible for verifying travel authorisations' applications rejected fromthat trigger one or more hits in the automated process in order to determine whether the applicant personal data corresponds to the personal data of the person having triggered a hit, for the screening rules, and for carrying out regular audits on the processing of applications. The ETIAS Central Unit should work in 24/7 regime.
Amendment 202 #
Proposal for a regulation
Recital 15
Recital 15
(15) Each Member State should establish an ETIAS National Unit mainly responsible for the examination and decision on whether to issue or, refuse, cancel or revoke a travel authorisation. The ETIAS National Units should cooperate among themselves and with Europol for the purpose of the assessment of the applications. The ETIAS National Unit should work in 24/7 regime.
Amendment 208 #
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 recordsonviction for a serious criminal offence or terrorist offence, presence in war zones, entry ban, 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.
Amendment 212 #
(18) In order to finalise the application, all applicants above the age of 182, apart from those in one of the categories of applicants for whom fees are waived, should be required to pay a travel authorisation fee. The payment should be managed by a bank or a financial intermediary. Data required for securing the electronic payment should only be provided to the bank or financial intermediary operating the financial transaction and are not part of the ETIAS data.
Amendment 225 #
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 the ETIAS Central System, 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 236 #
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 indicators 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. In no circumstances may the ETIAS National Unit of the Member State responsible take a decision the basis for which lies solely in a hit based on specific risk indicators. The ETIAS National Unit of the Member State responsible shall assess the migration, security and public health risk in all cases.
Amendment 254 #
Proposal for a regulation
Recital 29
Recital 29
(29) Issued travel authorisations should be annulled or revoked as soon as it becomes evident that the conditions for issuing it were not or are no longer met. In particular, when a new SIS alert is created for a refusal of entry or for a reported lost or stolen travel document, the SIS should inform the ETIAS which should verify whether this new alert corresponds to a valid travel authorisation. In such a case, the ETIAS National Unit of the Member State having created the alert should be immediately informed and, unless there are exceptional circumstances relating to the national security of a Member State, revoke the travel authorisation. Following a similar approach, new elements introduced in the ETIAS watchlist shall be compared with the application files stored in the ETIAS in order to verify whether this new element corresponds to a valid travel authorisation. In such a case, the ETIAS National Unit of the Member State of first entry should assess the hit and, where necessary, revoke the travel authorisation. A possibility to revoke the travel authorisation at the request of the applicant should also be provided.
Amendment 257 #
Proposal for a regulation
Recital 30
Recital 30
(30) When, in exceptional cirmcumstances, a Member State considers 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 the possibility to issue a travel authorisation with limited territorial and temporal validityvalidity that is valid for a maximum period of 180 days from the date on which this travel authorisation is issued or 90 days from the date of first entry using this travel authorisation. In exceptional circumstances, this travel authorisation may be valid for the territory of several other Member States, provided that the National Unit of each of these Member States have consented to this.
Amendment 261 #
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 and in the case of a travel authorisation with limited territorial validity, verify the territory or territories to which the applicant is authorised to travel. The ETIAS file itself should not be accessible to carriers. A sSecure internet access, including the possibility using mobile technical solutions, should allow carriers to proceed with this consultationsend a request to the ETIAS Central System using travel document data. _________________ 25 Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders.
Amendment 265 #
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 and in the case of a travel authorisation with limited territorial validity, the territory or territories to which the applicant is authorised to travel. The ETIAS file itself should not be accessible to the border guard for border controls but only for additional information relevant for second-line checks that the ETIAS National Unit may have inserted to facilitate border control. If there is no valid travel authorisation, the border guard should refuse entry and should complete the border control process accordingly. If there is a valid travel authorisation, the decision to authorise or refuse entry should be taken by the border guard.
Amendment 311 #
Proposal for a regulation
Recital 50 – indent 1
Recital 50 – indent 1
- to adopt a predetermined list of answers concerning the questions on the level and field of education, the current occupation and the job title, the job title and the categories of applicants for whom the travel authorisation fee is waived to be indicated in the application for a travel authorisation,
Amendment 326 #
Proposal for a regulation
Recital 55
Recital 55
(55) The revenue generated by the payment of travel authorisation fees should be assigned to cover the recurring operational and maintenance costs of the ETIAS Information System, of the ETIAS Central Unit and of the ETIAS National Units should be covered by the revenue generated by the payment of travel authorisation fees. Any amounts remaining after covering those costs should be assigned to cover expenditure incurred under programmes and actions in Chapter 18 02 (internal security) of the European Union budget or, from 2021, under the succeeding programmes and actions. In view of the specific character of the system, it is appropriate to treat the revenue as external assigned revenue.
Amendment 361 #
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) ‘carrier’ means any natural or legal person whose occupation it is to provide passenger transport by air, sea or land;
Amendment 363 #
Proposal for a regulation
Article 3 – paragraph 1 – point i a (new)
Article 3 – paragraph 1 – point i a (new)
(ia) ‘person for whom an alert has been issued for the purposes of refusing entry’ means any third-country national for whom an alert has been issued in the Schengen Information System (SIS) in accordance with and for the purposes laid down in Articles 24 and 26 of Regulation (EC) No 1987/2006 of the European Parliament and of the Council;
Amendment 365 #
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 the ETIAS Central System, in a database or in an information system queried by the ETIAS Central System, in the ETIAS watchlist referred to in Article 29 or with the specific risk indicators referred to in Article 28;
Amendment 372 #
Proposal for a regulation
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) 'Europol data' means personal data provided to EuropoEuropol has at its disposal for the purpose referred to in Article 18(2)(a) of Regulation (EU) 2016/794.
Amendment 386 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) support the objectives of the Schengen Information System (SIS) related to the alerts in respect of third country nationals subject to an entry ban, 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 or inquiry checks; and
Amendment 391 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) verifying travel authorisations' applications rejected fromthat have triggered one or more hits during the automated process in order to determine whether the applicant personal data corresponds to the personal data of the person having triggered a hit in the ETIAS Central System, one of the consulted information systems/databases or the specific risk indicators referred to in Article 28 or the ETIAS watchlist referred to in Article 29;
Amendment 398 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) defining, testing, implementing, evaluating and revising the specific risk indicators as referred to in Article 28 after consultation of the ETIAS Screening Board, using risks defined by the Commission as the basis for this;
Amendment 409 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) examining and deciding on travel authorisations' applications rejected by the automated applicationwhich have triggered one or more hits during automated process, anding, carrying out the manual risk assessment referred to in Article 22 and taking a decision on them;
Amendment 434 #
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)] and the Interpol databases shall be established to enable carrying out the risk assessment referred to in Article 18.
Amendment 438 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Amendment 441 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Access by border guards to the ETIAS Central System in accordance with Article 41 shall be limited to searching the ETIAS Central System to obtain the travel authorisation status of a traveller present at an external border crossing point. Where further checks are necessary for second- line verifications, access by border guards to the ETIAS Central System shall be extended to the additional information entered for that purpose in an application file, by a National Unit, in accordance with Articles 33(ea) and 38(5)(db).
Amendment 444 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Access by carriers to the ETIAS Central System by in accordance with Article 39, shall be limited to searchingnding requests to the ETIAS Central System to obtain the travel authorisation status of a traveller.
Amendment 446 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. Access to the ETIAS information system shall be established in full compliance with fundamental rights, in particular the right to non-discrimination and to data protection.
Amendment 457 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
Amendment 463 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The public website and the mobile app for mobile devices shall provide the applicant with a verification tool and an account service enabling applicants to provide additional information and/or documentation, where required.
Amendment 464 #
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
Amendment 468 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Each applicant shall submit a completed application form including a declaration of authenticity, completeness and reliability of the data submitted and a declaration of veracity and reliability of the statements made. Minors shall submit an application form electronically signduly completed by a person exercising permanent or temporary parental authority or legal guardianship.
Amendment 472 #
Proposal for a regulation
Article 15 – paragraph 2 – point e
Article 15 – paragraph 2 – point e
(e) the date of expiry of the validitissue and date of expiry of the travel document;
Amendment 486 #
Proposal for a regulation
Article 15 – paragraph 2 – point j
Article 15 – paragraph 2 – point j
(j) address of first intended stay or, in the case of transit, the Member State of first intended entrytransit;
Amendment 490 #
Proposal for a regulation
Article 15 – paragraph 2 – point k
Article 15 – paragraph 2 – point k
(k) for minors, surname and first name(s), home address, email address and telephone number of the applicant's parental authority or legal guardian;
Amendment 493 #
Proposal for a regulation
Article 15 – paragraph 2 – point m
Article 15 – paragraph 2 – point m
(m) in the case of applications filled in by a person other than the applicant, the surname, first name(s), name of firm, organization if applicable, e-mail address, mailing address, phone number; relationship to the applicant and an electronically sign duly completed representative declaration.
Amendment 505 #
Proposal for a regulation
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
(b) whether, over the previous 10 years, he or she has ever been convicted of any serious criminal offence inor any countrterrorist offence as defined in Articles 3(1)(m) and 3(1)(l) respectively;
Amendment 515 #
Proposal for a regulation
Article 15 – paragraph 4 – point d
Article 15 – paragraph 4 – point d
(d) regarding any entry ban on him or her or 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 years.
Amendment 518 #
Proposal for a regulation
Article 15 – paragraph 4 – point d a (new)
Article 15 – paragraph 4 – point d a (new)
(da) whether the applicant belongs to one of the categories of applicants referred to in points (b) to (d) of Article 16(2) for whom the travel authorisation fee is to be waived, to be selected from a predetermined list, and regarding the duration of the activity resulting in the fee waiver; where appropriate, the applicant shall be informed that he or she will be sent a request for additional information or documentation, in accordance with Article 23, in order to establish that the purpose of his or her travel comes under one of the categories laid down in points (c) to (e) of Article 16(2) and establish the duration of the activity concerned.
Amendment 519 #
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. The applicant shall also declare that he or she has taken note of the entry conditions as laid down in Article 6 of Regulation (EU) No 2016/399 and of the fact that he or she may be asked for relevant supporting documents at each entry.
Amendment 535 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. A travel authorisation fee of EUR 510 shall be paid by the applicant for each application.
Amendment 536 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The travel authorisation fee shall be waived for children under 18 yearapplicants belonging to one of the following categories: (a) children under 12 years of age; (b) family members of EU citizens or of third-country nationals enjoying right of free movement under Union law; (c) school pupils, students, postgraduate students and accompanying teachers travelling for study or educational purposes; (d) researchers travelling for the purpose of carrying out scientific research who are third-country nationals; (e) representatives of non-profit organisations aged 25 or less participating in seminars, conferences or sports, cultural or educational events organised by non-profit organisations.
Amendment 546 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point c
Article 18 – paragraph 2 – subparagraph 2 – point c
(c) whether the applicant is subject to a refusal of entry alert or a return decision alert recorded in the SIS;
Amendment 554 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point j
Article 18 – paragraph 2 – subparagraph 2 – point j
(j) whether the data provided in the application or the IP address from which the application was sent corresponds to data recorded in the Europol data;
Amendment 557 #
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 protectionrecorded in the Eurodac;]
Amendment 587 #
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 the ETIAS Central System or one of the consulted information systems/databases, the ETIAS watchlist referred to in Article 29 or the specific risk indicators referred to in Article 28.
Amendment 628 #
Proposal for a regulation
Article 22 – paragraph 4 – point a
Article 22 – paragraph 4 – point a
(a) where the hit corresponds to one or several of the categories laid down in Article 18(2)(a) to (c), refuse a travel authorisation. save in exceptional circumstances to do with the national security of a Member State, in which case it shall carry out the assessment provided for in the following point;
Amendment 641 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Where the automated processing laid down in Article 18(3) has reported that the applicant replied affirmatively to one of the questions referred to in Article 15(4), the ETIAS National Unit of the responsible Member State shall assess the irregular migration, security or public health risk and decide whether to issue or refuse a travel authorisation and, where appropriate, shall check that the applicant belongs to one of the categories exempted from the authorisation fee that are laid down in points (b) to (e) of Article 16(2), verifying in the process the duration of the activity resulting in the fee waiver.
Amendment 657 #
Proposal for a regulation
Article 22 – paragraph 7 a (new)
Article 22 – paragraph 7 a (new)
7a. In no circumstances may the ETIAS National Unit of the responsible Member State take a decision the basis for which lies solely in a hit based on specific risk indicators. The ETIAS National Unit of the responsible Member State shall individually assess the migration, security and public health risks in all cases. No decision shall be taken on the basis of a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation.
Amendment 663 #
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
Amendment 676 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. For the purpose of carrying out the assessment referred to in Article 22(4)(b) the ETIAS National Unit of the responsible Member State shall consult the authorities of the Member State(s) responsible for the data having triggered a hit pursuant to Article 18(2)(c),(d),(e),(g),(h),(i) or (k).
Amendment 680 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
Amendment 687 #
Proposal for a regulation
Article 24 – paragraph 8
Article 24 – paragraph 8
8. Where one or several Member States consulted provide a negative opinion on the application, without prejudice to Article 38, the responsible Member State shall refuse the travel authorisation pursuant to Article 31.
Amendment 696 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
When an ETIAS application has been deemed admissible or an application for travel authorisation with limited territorial validity has been lodged, but the ETIAS Central System has not automatically issued the authorisation, the applicant shall immediately receive a notification via the email service: (a) acknowledging receipt of the application; (b) stating the maximum period for processing the application; (c) making it clear that, during processing of the application, the applicant may be asked to provide additional information or documentation or, in exceptional circumstances, attend an interview at a consulate; (d) giving the application number, enabling the applicant to make use of the verification tool provided for in Article 26a. Within 72 hours of the date of the lodging of an application which is admissible in accordance with Article 17, the applicant shall receive a notification indicating:
Amendment 701 #
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26a Verification tool and account service The Commission shall adopt a delegated act setting up a verification tool for applicants to track the progress of their applications and check the period of validity and status of their travel authorisations (valid, denied, annulled or revoked) and an account service for applicants to provide any additional information and/or documentation required.
Amendment 752 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The ETIAS watchlist shall consist of data related to persons who are suspected of having committed or taken part in a serious criminal offence as defined in Article 3 or persons regarding whom there are factual indications or reasonable grounds to believe that they will commit criminal offences.
Amendment 762 #
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. One year after ETIAS comes into operation, and every two years thereafter, the European Data Protection Supervisor shall submit to the European Parliament, the Council and the Commission a report assessing the impact, effectiveness and efficiency of ETIAS with regard to data protection.
Amendment 778 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. A travel authorisation shall be valid for five years3 years or until the end of the activity that gave rise to the authorisation fee being waived pursuant to Article 16(2)(c) to (e) or until the end of validity of the travel document registered during application, whichever comes first, and. It shall be valid for the territory of the Member States.
Amendment 785 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point a
Article 31 – paragraph 1 – subparagraph 1 – point a
Amendment 805 #
Proposal for a regulation
Article 32 – title
Article 32 – title
Notification on the issuing or refusal of a travel authorisation or a travel authorisation with limited territorial validity.
Amendment 806 #
Proposal for a regulation
Article 32 – paragraph 1 – introductory part
Article 32 – paragraph 1 – introductory part
1. Where a travel authorisation or a travel authorisation with limited territorial validity has been issued, the applicant shall immediately receive a notification via the e-mail service, including:
Amendment 807 #
Proposal for a regulation
Article 32 – paragraph 1 – point a
Article 32 – paragraph 1 – point a
(a) a clear indication that the travel authorisation or travel authorisation with limited territorial validity has been issued and the travel authorisation application number;
Amendment 808 #
Proposal for a regulation
Article 32 – paragraph 1 – point b
Article 32 – paragraph 1 – point b
(b) the commencement and expiry dates of the validity period of the travel authorisation; or the travel authorisation with limited territorial validity,
Amendment 809 #
Proposal for a regulation
Article 32 – paragraph 1 – point b a (new)
Article 32 – paragraph 1 – point b a (new)
(ba) a clear indication that upon entry the applicant will have to present the same travel document as that indicated in the application form and that any change of travel document will require a new application for a travel authorisation;
Amendment 810 #
Proposal for a regulation
Article 32 – paragraph 1 – point c a (new)
Article 32 – paragraph 1 – point c a (new)
(ca) where applicable, the territory or territories of the Member States to which the applicant is authorised to travel;
Amendment 811 #
Proposal for a regulation
Article 32 – paragraph 1 – point d
Article 32 – paragraph 1 – point d
(d) a link to the ETIAS public website containing information on the possibility for the applicant to revoke the travel authorisation. or his or her travel authorisation with limited territorial validity and a clear indication that his or her authorisation may be revoked if the conditions for issuing it are no longer met;
Amendment 812 #
Proposal for a regulation
Article 32 – paragraph 1 – point d a (new)
Article 32 – paragraph 1 – point d a (new)
(da) a clear indication that the travel authorisation or travel authorisation with limited territorial validity does not constitute an entry authorisation and a reminder of the entry conditions provided for in Article 6 of Regulation (EU) 2016/399;
Amendment 822 #
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
(b) a reference to the authoritythe National Unit of the Member State that issued or refused the travel authorisation and its location;
Amendment 823 #
Proposal for a regulation
Article 33 – paragraph 1 – point c
Article 33 – paragraph 1 – point c
(c) place and date of the decision to issue or refuse the travel authorisation;
Amendment 824 #
Proposal for a regulation
Article 33 – paragraph 1 – point d
Article 33 – paragraph 1 – point d
(d) the commencement and expiry dates of the validity period of the travel authorisation where the period in question is shorter than provided for in Article 30;
Amendment 826 #
Proposal for a regulation
Article 33 – paragraph 1 – point e
Article 33 – paragraph 1 – point e
(e) where appropriate, the ground(s) for refusal of the travel authorisation as laid down in Article 31(1).
Amendment 827 #
Proposal for a regulation
Article 33 – paragraph 1 – point e a (new)
Article 33 – paragraph 1 – point e a (new)
(ea) additional information relevant to second-line checks related to one or more positive responses;
Amendment 831 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. Without prejudice to paragraph 2, where a new refusal of entry alert or a travel document as lost, stolen or invalidated is reported in the SIS, the SIS shall inform the ETIAS Central System. The ETIAS Central System shall verify whether this new alert corresponds to a valid travel authorisation. Where this is the case, the ETIAS Central System shall transfer the application file to the ETIAS National Unit of the Member State having created the alert which shall revoke the travel authorisation, except under exceptional circumstances relating to the national security of a Member State.
Amendment 853 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. A travel authorisation with limited territorial validity may be issued exceptionally, when the Member State concernedresponsible considers it necessary on humanitarian grounds, for reasons of national interest or because of international obligations notwithstanding the fact that the manual assessment process pursuant to Article 22 is not yet completed or that a travel authorisation has been refused, annulled or revoked.
Amendment 856 #
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 1580 days. from the date of issue of this authorisation or 90 days from the first entry made on the basis of this authorisation. Exceptionally, it may be valid for the territory of several other Member States, provided that the national unity of each of these Member States has given its approval.
Amendment 860 #
Proposal for a regulation
Article 38 – paragraph 5 – introductory part
Article 38 – paragraph 5 – introductory part
5. Where a travel authorisation with territorial validity is issued or refused, the following data shall be entered in the application file:
Amendment 861 #
Proposal for a regulation
Article 38 – paragraph 5 – point a
Article 38 – paragraph 5 – point a
(a) application number and status information indicating that the travel authorisation with limited territorial validity has been issued or refused;
Amendment 862 #
Proposal for a regulation
Article 38 – paragraph 5 – point b
Article 38 – paragraph 5 – point b
(b) the territory or territories in which the travel authorisation holder is entitled to travel and, where appropriate, the period of validity of the authorisation where it is less than that provided for in paragraph 4;
Amendment 863 #
Proposal for a regulation
Article 38 – paragraph 5 – point c
Article 38 – paragraph 5 – point c
(c) the authorNational Unity of the Member State that issued or refused the travel authorisation with limited territorial validity;
Amendment 864 #
Proposal for a regulation
Article 38 – paragraph 5 – point c a (new)
Article 38 – paragraph 5 – point c a (new)
(ca) date of the decision to issue or refuse the travel authorisation with limited territorial validity;
Amendment 865 #
Proposal for a regulation
Article 38 – paragraph 5 – point d
Article 38 – paragraph 5 – point d
(d) where appropriate, a reference to the humanitarian grounds, the reasons of national interest or the international obligations.
Amendment 867 #
Proposal for a regulation
Article 38 – paragraph 5 – point d a (new)
Article 38 – paragraph 5 – point d a (new)
(da) where appropriate, the ground(s) for refusal of the travel authorisation with limited territorial validity.
Amendment 868 #
Proposal for a regulation
Article 38 – paragraph 5 – point d b (new)
Article 38 – paragraph 5 – point d b (new)
(db) additional information relevant to second-line checks related to one or more positive responses;
Amendment 869 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. In accordance withFor the purposes of Article 26 (1) (b) of the Convention Implementing the Schengen Agreement, carriers shall consultensure that third-country nationals subject to the travel authorisation requirement are in possession of a valid travel authorisation and, in the case of a travel authorisation with limited territorial validity, shall verify the territory or territories to which the applicant is authorised to travel. Air carriers, sea carriers and group carriers operating international routes by coach shall send a query to the ETIAS Central System in order to verify whether or not third country nationals subject to the travel authorisation requirement are in possession of a valid travel authorisation.
Amendment 876 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1
Article 39 – paragraph 2 – subparagraph 1
A secure internet access to the carrier gateway, including the possibility to use mobile technical solutions, referred to in Article 6(2)(h) shall allow carriersair carriers, sea carriers and carriers carrying groups operating international road links by coach to proceed with the consultationquery referred to in paragraph 1 prior to the boarding of a passenger. For this purpose, the carrier shall be permitted to consultsend a query to the ETIAS Central System using the data contained in the machine readable zone of the travel document.
Amendment 878 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 2
Article 39 – paragraph 2 – subparagraph 2
The ETIAS Central System shall respond by indicating whether or not the person has a valid travel authorisation and, where applicable, the territory or territories in which a travel authorisation with limited territorial validity is valid. Carriers may store the information sent and the answer received.
Amendment 883 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The ETIAS Central System shall respond by indicating whether or not the person has a valid travel authorisation and, where applicable, the territory or territories in which a travel authorisation with limited territorial validity is valid.
Amendment 887 #
Proposal for a regulation
Article 41 – paragraph 2 a (new)
Article 41 – paragraph 2 a (new)
2a. The authorities competent for carrying out checks at external border crossing points shall, where appropriate, be authorised to consult the additional information relevant for second-line checks inserted in the application file in accordance with Article 33;
Amendment 888 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Where it is technically impossible to proceed with the consultation referred to in Article 41(1), because of a failure of the ETIAS Information System, the Member State's authorities competent for carrying out checks at external border crossing points shall be notified immediately by the ETIAS Central Unit.
Amendment 889 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Where it is technically impossible to perform the search referred to in Article 41(1) because of a failure of the national border infrastructure in a Member State, that Member State's competent authority shall immediately notify eu-LISA, the ETIAS Central Unit and the Commission.
Amendment 917 #
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
(b) access for consultation is necessary in a specific judicial case;
Amendment 933 #
Proposal for a regulation
Article 46 – paragraph 2 – point b
Article 46 – paragraph 2 – point b
(b) the consultation is necessary in a specific judicial case;
Amendment 939 #
Proposal for a regulation
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
(a) the validity period of the travel authorisation;five years from the last decision to issue the travel authorisation in accordance with Article 30.
Amendment 952 #
Proposal for a regulation
Article 48 – paragraph 5 – introductory part
Article 48 – paragraph 5 – introductory part
5. Where a third country national has acquired the nationality of a Member State or has fallen under the scope of Article 2(2)(a) to (ec), the authorities of that Member State shall verify whether that person has a valid travel authorisation and, where relevant, shall delete the application file without delay from the ETIAS Central System. The authority responsible for deleting the application file shall be the:
Amendment 953 #
Proposal for a regulation
Article 48 – paragraph 5 – point c
Article 48 – paragraph 5 – point c
Amendment 954 #
Proposal for a regulation
Article 48 – paragraph 5 – point d
Article 48 – paragraph 5 – point d
Amendment 955 #
Proposal for a regulation
Article 48 – paragraph 5 a (new)
Article 48 – paragraph 5 a (new)
5a. Where a third country national has fallen under the scope of Article 2(2)(d) or (e), the authorities of that Member State shall verify whether that person has a valid travel authorisation and, where relevant, shall delete the application file without delay from the ETIAS Central System if the period of validity of the residence card or residence permit or long-stay visa is longer than the remaining period of validity of the ETIAS. The authority responsible for deleting the application file shall be: (a) the ETIAS National Unit of the Member State that issued the residence permit or card; (b) the ETIAS National Unit of the Member State that issued the long-stay visa.
Amendment 1002 #
Proposal for a regulation
Article 61 – paragraph 1 – point c a (new)
Article 61 – paragraph 1 – point c a (new)
(ca) the fact that a travel authorisation is linked to the travel document indicated in the application form and that consequently the expiry and any modification of the travel document result in the invalidity or non-recognition of the travel authorisation when crossing the border;
Amendment 1006 #
Proposal for a regulation
Article 61 – paragraph 1 – point d a (new)
Article 61 – paragraph 1 – point d a (new)
(da) that a travel authorisation with limited territorial validity may be issued exceptionally, where a Member State considers it necessary on humanitarian grounds, for reasons of national interest or because of international obligations, notwithstanding the fact that the assessment process is not yet completed or that a travel authorisation has been refused, annulled or revoked.
Amendment 1026 #
Proposal for a regulation
Article 66 – paragraph 1 – point b
Article 66 – paragraph 1 – point b
(b) the organisation, management, operation and maintenance of the ETIAS National Units forentrusted with the examination of and decision on travel authorisations' applications rejected during the automated processing of applicationswhich have triggered one or more positive responses during the automated processing of applications, adopting decisions on them and issuing an opinion when consulted;
Amendment 1029 #
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. Europol shall ensure processing of the queries referred to in Article 18(2)(j) and (4) and accordingly adapting its information systems.
Amendment 1031 #
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 1055 #
Proposal for a regulation
Article 74 – paragraph 1
Article 74 – paragraph 1
The costs incurred in connection with the development of the ETIAS Information System, the integration of the existing national border infrastructure and the connection to the National Uniform Interface as well as by hosting the National Uniform Interface, the set-up of the ETIAS Central and National Units and the operation of the ETIAS shall be borne by the general budget of the Union. Before starting any procurement procedure, the Commission shall undertake a precise analysis of the technical requirements for the integration of existing national systems, of the technical standards of the ETIAS, and of the requirements concerning the content and accessibility of the ETIAS.
Amendment 1060 #
Proposal for a regulation
Article 75 – paragraph 1
Article 75 – paragraph 1
The revenues generated by the ETIAS shall constitute external assigned revenue in accordance with Article 21(4) of Regulation (EU, EURATOM) No 966/2012. Any revenue remaining after covering the cost of the development of the ETIAS and the recurring costs of its operation and maintenance shall be assigned to cover expenditure incurred under programmes and actions in Chapter 18 02 (internal security) of the Union budget or, from 2021, under the succeeding programmes or actions.
Amendment 1069 #
Proposal for a regulation
Article 78 – paragraph 2
Article 78 – paragraph 2
2. The power to adopt delegated acts referred to in Article 13 (2) (a), Article 15(3) and (4), Article 16(4), Article 28(3) and Article 72(1) and (5) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Regulation].
Amendment 1075 #
Proposal for a regulation
Article 81 – paragraph 2
Article 81 – paragraph 2
2. By [Six months after the entry into force of this Regulation – OPOCE, please replace with the actual date] and every six months thereafter during the development phase of the ETIAS Information System, eu-LISA shall submit a report to the European Parliament and the Council on the state of play of the development of the Central System, the Uniform Interfaces and the Communication Infrastructure between the Central System and the Uniform Interfaces. That report shall include an overview of the budgetary and cost developments with a detailed technical and financial assessment, precise information on cost increases and changes in design requirements and the reasons for any such increases or changes, as well as information on any risks which could impact the overall costs of the system to be borne by the Union budget in accordance with Article 74. Once the development is finalised, a report shall be submitted to the European Parliament and the Council explaining in detail how the objectives, in particular relating to planning and costs, were achieved as well as justifying any divergences.
Amendment 1077 #
Proposal for a regulation
Article 81 – paragraph 3 a (new)
Article 81 – paragraph 3 a (new)
3a. No later than one year after the entry into service of ETIAS, the Commission shall assess the desirability of establishing secure access for rail carriers enabling them to send a query to the ETIAS Central System to verify, in accordance with Article 39 (1) (2), that third-country nationals subject to the travel authorisation requirement are in possession of a valid travel authorisation.
Amendment 1078 #
Proposal for a regulation
Article 81 – paragraph 5 – subparagraph 1 – introductory part
Article 81 – paragraph 5 – subparagraph 1 – introductory part
Amendment 1082 #
Proposal for a regulation
Article 81 – paragraph 5 – subparagraph 1 – point c
Article 81 – paragraph 5 – subparagraph 1 – point c
(c) the rules of the automated application processor used for the purpose of risk assessment and their implications for fundamental rights;
Amendment 1083 #
Proposal for a regulation
Article 81 – paragraph 5 – subparagraph 1 – point c a (new)
Article 81 – paragraph 5 – subparagraph 1 – point c a (new)
(ca) the ETIAS watchlist, as defined in Article 29, and its implications for fundamental rights;
Amendment 1086 #
Proposal for a regulation
Article 81 – paragraph 5 – subparagraph 1 a (new)
Article 81 – paragraph 5 – subparagraph 1 a (new)
One year after the entry into service of ETIAS and every two years thereafter, the European Data Protection Supervisor shall submit to the European Parliament, the Council and the Commission a report assessing the impact, effectiveness and efficiency of the ETIAS watchlist in respect of data protection.
Amendment 1089 #
Proposal for a regulation
Article 81 – paragraph 8 – subparagraph 1 – point e a (new)
Article 81 – paragraph 8 – subparagraph 1 – point e a (new)