74 Amendments of Brice HORTEFEUX related to 2016/0357A(COD)
Amendment 164 #
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, irregular migration or public health risk.
Amendment 173 #
Proposal for a regulation
Recital 5
Recital 5
(5) The ETIAS should apply to third country nationals who are exempt from the visa requirement of being in possession of a visa when crossing the external bordersand to nationals who are exempt from the airport visa requirement.
Amendment 174 #
Proposal for a regulation
Recital 6
Recital 6
(6) It should also apply to third country nationals who are exempt from the visa requirement who are family members of a Union citizen to whom Directive 2004/38/EC22 applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC or a residence permit referred to under Regulation (EC) No 1030/2002. Article 21(1) of the Treaty on the Functioning of the European Union stipulates that every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect. The respective limitations and conditions are to be found in Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. _________________ 22 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC.
Amendment 183 #
Proposal for a regulation
Recital 9
Recital 9
(9) The ETIAS should establish a travel authorisation for third country nationals exempt from the visa requirement to be in possession of a visa when crossing the external borders ('theand for those exempt from the airport transit 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 207 #
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 referred to under Directive 2004/38/EC or a residence permit referred to under Regulation (EC) No 1030/2002, if the applicant is minor, identity of the responsible person and answers to a set of background questions (in particular whether or not the applicant is subject to any disease with epidemic potential as defined by the International Health Regulations of the World Health Organisation or other infectious or contagious parasitic diseases, criminal records, presence in war zones, decision to return to borders/orders to leave territory). Access to the applicants' health data should only be allowed to determine whether they represent a threat to public health.
Amendment 213 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to finalise the application, all applicants above the age of 182 should be required to pay a fee. The payment should be managed by a bank or a financial intermediary. Data required for securing the electronic payment should only be provided to the bank or financial intermediary operating the financial transaction and are not part of the ETIAS data.
Amendment 215 #
Proposal for a regulation
Recital 19
Recital 19
(19) Most of the travel authorisations should be issued within minutes, however a reduced number could take up to 72 hours. Forlonger in exceptional cases, where a request for additional information or documentation is notified to the applicant, the procedure could last up to two weeks.
Amendment 244 #
Proposal for a regulation
Recital 26
Recital 26
(26) An ETIAS watchlist should be established for identifying connections between data in an ETIAS application file and information related to persons who are suspected of having committed or taken part in an act of serious crime or terrorism, or regarding whom there are factual indications or reasonable grounds to believe that they will commit an act of serious crime or terrorism. The ETIAS watchlist should be part of the data processed by Europol in accordance with Article 18(2)(a) of Regulation (EU) 2016/794 and Europol's Integrated Data Management Concept implementing that Regulation. When providing information to Europol, Member States should be able to determine the purpose or purposes for which it is to be processed, including the possibility to limit this processing to the ETIAS watchlist.
Amendment 255 #
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 or invalidated travel document, the SIS should inform the ETIAS which should verify whether this new alert corresponds to a valid travel authorisation. In such a case, the ETIAS National Unit of the Member State having created the alert should be immediately informed and revoke the travel authorisation. Following a similar approach, new elements introduced in the ETIAS watchlist shall be compared with the application files stored in the ETIAS in order to verify whether this new element corresponds to a valid travel authorisation. In such a case, the ETIAS National Unit of the Member State of first which entered these new elementrys 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 262 #
Proposal for a regulation
Recital 31
Recital 31
(31) Prior to boarding, air and sea carriers, as well as international carriers transporting groups overland by coach should have the obligation to verify if travellers have all the travel documents required for entering the territory of the Member States pursuant to the Schengen Convention25. This should include verifying that travellers are in possession of a valid travel authorisation. The ETIAS file itself should not be accessible to carrieoperators. A secure internet access, including the possibility using mobile technical solutions, should allow carriers to proceed with this consultation using travel document data. _________________ 25 Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders.
Amendment 267 #
(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. TSome of the data in the ETIAS file itself should not be accessible to the border guards for border controls so they may carry out their work efficiently. 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 268 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) As possession of a valid travel authorisation is a condition for the entry and stay of some categories of third- country nationals, the immigration authorities of the Member States should be able to consult the ETIAS Central System. The immigration authorities of the Member States should have access to certain information recorded in the ETIAS Central System, in particular for the purpose of returns. They should be able to search the ETIAS Central System using the data contained in the machine readable strip of a travel document without using specific technical equipment.
Amendment 274 #
Proposal for a regulation
Recital 34
Recital 34
(34) Access to the information contained in ETIAS is necessary to prevent, detect and investigate terrorist offences as referred to in Council Framework Decision 2002/475/JHA26Directive 2017/541(EU) or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA27. In a specific investigation and in order to establish evidence and information related to a person suspected of having committed a serious crime or a victim of a crime, law enforcement authorities may need access to the data generated by ETIAS. The data stored in ETIAS may also be necessary to identify the perpetrator of a terrorist offence or other serious criminal offences, especially when urgent action is needed. Access to the ETIAS for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences constitutes an interference with the fundamental rights to respect for the private life of individuals and to protection of personal data of persons whose personal data are processed in the ETIAS. Therefore, the data in ETIAS should be retained and made available to the designated authorities of the Member States and the European Police Office ('Europol'), subject to the strict conditions set out in this Regulation in order for such access to be limited to what is strictly necessary for the prevention, detection and investigation of terrorist offences and serious criminal offences in accordance with the requirements notably laid down in the jurisprudence of the Court, in particular in the Digital Rights Ireland case28. _________________ 26 Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002, p. 6). 27 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1). 28 Judgment of the Court (Grand Chamber) of 8 April 2014 in joined cases C-293/12 and C-594/12 Digital Rights Ireland Ltd, ECLI:EU:C:2014:238.
Amendment 277 #
Proposal for a regulation
Recital 35
Recital 35
(35) In particular, access to ETIAS data for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences should only be granted following a reasoned request by the competent authorities giving reasons for its necessity. Member States should ensure that any such request for access to data stored in ETIAS be the subject of a prior review by a court or by an authority providing guarantees of full independence and impartiality, and which is free from any direct or indirect external influence. However, in situations of extreme urgency, it can be crucial for the competent authorities to obtain immediately personal data necessary for preventingWhen it is essential that the competent authorities obtain immediately personal data necessary to avert a terrorist act or an imminent danger associated with the commission of a serious crime or sto thatprosecute its perpetrators can be prosecuted. In such cases, it should be accepted that the review of the personal data obtained from ETIAS takes placeis reviewed as swiftly as possible after access to such data has been granted to the competent authorities.
Amendment 279 #
Proposal for a regulation
Recital 36
Recital 36
(36) It is therefore necessary to designate the competent authorities of the Member States that are authorised to request such access for the specific purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences.
Amendment 285 #
Proposal for a regulation
Recital 39
Recital 39
(39) To exclude systematic searches, the processing of data stored in the ETIAS Central System should take place only in specific cases and only when it is necessary for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences. The designated authorities and Europol should only request access to ETIAS when they have reasonable grounds to believe that such access will provide information that will substantially assist them in preventing, detecting or investigating a terrorist offence or other serious criminal offence. The law enforcement authorities and Europol should only request access to the ETIAS if prior searches in all relevant national databases of the Member State and databases at Europol did not lead to the requested information.
Amendment 292 #
Proposal for a regulation
Recital 40
Recital 40
(40) The personal data recorded in the ETIAS should be kept for no longer than is necessary for its purposes. In order for the ETIAS to function, it is necessary to keep the data related to applicants for the period of validity of the travel authorisation. In order to assess the security, irregular migration and public health risks posed by the applicants it is necessary to keep the personal data for five years from the last entry/exit record of the applicant stored in the EES. In fact, the ETIAS should rely on accurate preliminary assessments of the security, public health and irregular migration risks, notably through the use of the screening rules. In order to constitute a reliable basis for the manual risk assessment by the Member States, and reduce to the minimum the occurrence of hits not corresponding to real risks ('false positives'), the hits resulting from screening rules based on statistics generated by ETIAS data itself need to be representative of a sufficiently broad population. This cannot be achieved exclusively on the basis of the data of the travel authorisations in their validity period. The retention period should start from the last entry/exit 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/exit record and the related travel authorisation are kept for the same duration and is an additional element ensuring the future interoperability between ETIAS and EES. This synchronisation of data retention periods is necessary to allow the competent authorities to perform the risk analysis requested by the Schengen Borders Code. A decision to refuse, revoke or annul a travel authorisation could indicate a higher security or, irregular immigration or public health 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 297 #
Proposal for a regulation
Recital 43
Recital 43
(43) [Regulation (EU) 2016/679]31 applies to the processing of personal data by the Member States in application of this Regulation unless such processing is carried out by the designated or verifying authorities of the Member States for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offencesauthorities of the Member States within the scope of Directive (EU) 2016/680. _________________ 31 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Amendment 302 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to assess the security, irregular migration or public health risk which could be posed by a traveller, interoperability between the ETIAS Information System and other EU 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 327 #
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. In view of the specific character of the system, it is appropriate to treat the revenue as exinternal assigned revenue.
Amendment 329 #
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'), or transiting through an airport, enabling to determine whether their presence in the territory of the Member States does not pose an irregular 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 337 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Regulation applies to the following categories of third country nationals exempt from the visa requirement:
Amendment 338 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) nationals of third countries listed in Annex II to Council Regulation (EC) No 539/200148 who are exempt from the visa requirement for airports transits or intended stays in the territory of the Member States of a duration of no more than 90 days in any 180 day period; _________________ 48 OJ L 81, 21.3.2001, p. 1.
Amendment 339 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) nationals of third countries who are not required to be in possession of an airport transit visa when passing through the transit areas of airports situated on the territory of one or more Member States.
Amendment 343 #
Proposal for a regulation
Article 2 – paragraph 1 – point c – introductory part
Article 2 – paragraph 1 – point c – introductory part
(c) third country nationals who are exempt from the visa requirement and who fulfil the following conditions:
Amendment 344 #
Proposal for a regulation
Article 2 – paragraph 1 – point c – point ii
Article 2 – paragraph 1 – point c – point ii
ii) they do not hold a residence card referred to under Directive 2004/38/EC or a residence permit referred to under Regulation (EC) No 1030/2002.
Amendment 346 #
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) third country nationals who are members of the family of nationals of a third country enjoying the right of free movement under Union law and who hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Regulation (EC) No 1030/2002;
Amendment 348 #
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) holders of national long-stay visas;
Amendment 353 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) 'travel authorisation' means a decision issued in accordance with this Regulation indicating that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the Member States poses or will pose an irregular 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 368 #
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) 'terrorist offences' mean the offences which correspond or are equivalent to those referred to in Articles 1 to 4 of Framework Decision 2002/475/JHADirective (EU) 2017/541;
Amendment 375 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The definitions set out in Article 3 of [Directive (EU) 2016/680] shall apply in so far as personal data are processed by the authorities of the Member States for law enforcement purpospurposes of prevention, detection and investigation of terrorist offences or serious criminal offences.
Amendment 411 #
Proposal for a regulation
Article 8 – paragraph 2 – point b a (new)
Article 8 – paragraph 2 – point b a (new)
(ba) deciding to issue a travel authorisation with limited territorial validity under Article 38 of this Regulation;
Amendment 415 #
Proposal for a regulation
Article 8 – paragraph 2 – point e a (new)
Article 8 – paragraph 2 – point e a (new)
(ea) annulling and revoking a travel authorisation pursuant to Articles 34 and 35 of this Regulation;
Amendment 436 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Interoperability between the ETIAS Information System and other European 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)] shall be established to enable carrying out the risk assessment referred to in Article 18.
Amendment 442 #
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, and to certain data referred to in Article 41(2).
Amendment 466 #
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. All applicants shall declare that they have understood the entry conditions laid down in Regulation (EU) No 2016/399 of the European Parliament and of the Council. Minors shall submit an application form electronically signed by a person exercising permanent or temporary parental authority or legal guardianship.
Amendment 471 #
Proposal for a regulation
Article 15 – paragraph 2 – point e
Article 15 – paragraph 2 – point e
(e) the date of issue and date of expiry of the validity of the travel document;
Amendment 484 #
Proposal for a regulation
Article 15 – paragraph 2 – point i
Article 15 – paragraph 2 – point i
(i) current occupation and, for students, the name of the educational establishment;
Amendment 489 #
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 498 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The applicant shall choose the level and field of education, the current occupation and, the job title and the purpose of the stay from a predetermined list. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to lay down these predetermined lists.
Amendment 509 #
Proposal for a regulation
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
(b) whether he or she has ever been convicted of any criminalserious criminal offence or any terrorist offence in any country;
Amendment 534 #
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 540 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The travel authorisation fee shall be waived for children under eighteen12 years.
Amendment 560 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point m a (new)
Article 18 – paragraph 2 – subparagraph 2 – point m a (new)
(ma) where the applicant is a minor, whether the parental authority or legal guardian: (i) is subject to an alert in the SIS as a person wanted for arrest or for surrender or extradition purposes under a European arrest warrant; (ii) is subject to a refusal of entry alert recorded in the SIS.
Amendment 576 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Where the automated processing laid down in Article 18(2) to (5) does not report any hit, the ETIAS Central System shall automatically issue a travel authorisation in accordance with Article 30 and shall immediately notify the applicant as soon as possible in accordance with Article 32.
Amendment 619 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 624 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where the automated processing laid down in Article 18(2) to (5) reported one or several hit(s), the application shall be processed manually by the ETIAS National Unit of the responsible Member State. The ETIAS National Uat unit shall have access to the application file and the linked application file(s), if any, as well as to all the hits triggered during the automated processing laid down in Article 18(2) to (5). The ETIAS Central Unit shall inform the ETIAS National Unit of the responsible Member State whether one or more Member States or, possibly, Europol entered the relevant data that triggered one or more hits in accordance with Article 18(2). Where one or more Member States have been identified as having entered the relevant data that triggered the hit or hits concerned, the ETIAS Central Unit shall name the Member States involved.
Amendment 659 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Amendment 686 #
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The ETIAS National Unit of the Member States consulted shall reply within 248 hours from the date of the notification of the consultation. The failure by Member States to reply within the deadline shall be considered as a positive opinion on the application.
Amendment 695 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Europol shall reply within 248 hours of the date of the notification of the consultation. The failure by Europol to reply within the deadline shall be considered as a positive opinion on the application.
Amendment 704 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Applications shall be decided on no later than 7284 hours after the lodging of an application which is admissible in accordance with Article 17.
Amendment 780 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. A travel authorisation shall be valid for fivetwo years or until the end of validity of the travel document registered during application, whichever comes first, and shall be valid for the territory of the Member States.
Amendment 782 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. A travel authorisation shall not confer an automatic right of entry or right to stay.
Amendment 814 #
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
Article 32 – paragraph 2 – introductory part
2. Where a travel authorisation has been refused, the applicant shall immediately receive a notification as soon as possible via the e- mail service including:
Amendment 839 #
Proposal for a regulation
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
(b) a reference to the authorETIAS National Unity that revoked or annulled the travel authorisation and its location;
Amendment 844 #
Proposal for a regulation
Article 37 – paragraph 1 – introductory part
Article 37 – paragraph 1 – introductory part
1. Where a decision has been taken to annul or to revoke a travel authorisation, the Member StateETIAS National Unit responsible for the revocation or annulment of the travel authorisation shall add the following data to the application file:
Amendment 845 #
Proposal for a regulation
Article 37 – paragraph 1 – point b
Article 37 – paragraph 1 – point b
(b) a reference to the authorETIAS National Unity that revoked or annulled the travel authorisation and its location;
Amendment 849 #
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 concerned considers it necessary on humanitarian grounds, in accordance with national law, 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 873 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. In accordance with Article 26 of the Convention Implementing the Schengen Agreement carriers shall consult the ETIAS Central System in orderAir carriers, sea carriers and international carriers carrying groups overland by coach shall be obliged to verify whether or not third country nationals subject to the travel authorisation requirement are in possession of a valid travel authorisation.
Amendment 877 #
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 carriers to proceed with the consultation referred to in paragraph 1 prior to the boarding of a passenger. For this purpose, the carrier shall be permitted to consultsend a request for verification to the ETIAS Central System using the data contained in the machine readable zone of the travel document.
Amendment 880 #
Proposal for a regulation
Article 39 – paragraph 3 a (new)
Article 39 – paragraph 3 a (new)
3a. If a third-country national’s application for entry is refused, any carrier which has brought him or her by air, sea or land to the external border of the Union shall be obliged forthwith to take charge of that national again. At the request of the competent authorities which carried out border checks, the carrier shall be obliged to return the third-country national whose entry has been refused to the third country of origin or to the third country which issued the travel document.
Amendment 882 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. For the sole purpose of verifying whether the person has a valid travel authorisation the authorities competent for carrying out checks at external border crossing points in accordance with Regulation (EU) 2016/399 shall be permitted toThe border guards competent for carrying out border checks shall consult the ETIAS Central System using the data contained in the machine readable zone of the travel document.
Amendment 885 #
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, in the case of a visa with limited territorial validity, the Member State in which that visa is valid;
Amendment 891 #
Proposal for a regulation
Chapter 8 a (new)
Chapter 8 a (new)
CHAPTER VIIIa Use of ETIAS by the migration authorities Article 42a Access to data for the purpose of migration controls 1. For the purpose of verifying whether a person meets the conditions for entering and staying in the territory of the Member States and for the purpose of taking appropriate measures, the migration authorities of the Member States shall be authorised to search the ETIAS Central System, using the data contained in the machine-readable zone of the travel document. 2. The ETIAS Central System shall respond by indicating whether or not the person has a valid travel authorisation and, in the case of a visa with limited territorial validity, shall specify the Member State in which the visa is valid; The ETIAS Central System shall also indicate the remaining period of validity. The migration authorities shall have access to the information referred to in Article 15 (2) (f) and (g) and to any other relevant additional document or information. For minors, the migration authorities shall have access to information concerning the parental authority or legal guardian of the applicant referred to in Article 15 (2) (k).
Amendment 906 #
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. In an exceptional case of urgency, where there is a needWhere it is essential to immediately obtain the personal data necessary for preventing an act of terrorism or an imminent risk associated with the commission of a serious criminal offence or for prosecuting its perpetrators, the central access point shall process the request immediately and without the independent verification provided in paragraph 2. An ex -post independent verification shall take place without undue delay after the processing of the request, including whether an exceptional case of urgency actually existed.
Amendment 942 #
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
(b) [five years from the last entry/exit record of the applicant stored in the EES; or]
Amendment 959 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. [Regulation 2016/679] shall apply to the processing of personal data by the ETIAS National Units, the border guards competent for carrying out border checks and the migration authorities.
Amendment 964 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. [Directive (EU) 2016/680] shall apply to the processing of personal data by Member States designated authorities for the purposes of Article 1(2).
Amendment 977 #
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)responsible shall assess the irregular 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 984 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Personal data accessed from the ETIAS Central System by a Member State or byEuropol for the purposes referred to in Article 1(2) shall not be transferred or made available to any third country, international organisation or private entity established in or outside the Union. The prohibition shall also apply if those data are further processed at national level or between Member States.
Amendment 987 #
Proposal for a regulation
Article 55 – paragraph 2 a (new)
Article 55 – paragraph 2 a (new)
2a. By way of derogation from paragraph 1, the data consulted in the ETIAS Central System by the migration authorities pursuant to Article 42a(2) may be transferred to a third country for individual cases, if necessary for the purpose of return, only where the following conditions are satisfied: (a) The Commission has adopted an adequacy decision with regard to the protection of personal data with the third country referred to in accordance with Article 45 (3) of Regulation (EU) 2016/679 where important reasons of public interest justify it in accordance with Article 49 (1) (d) of Regulation (EU) 2016/679; (b) The Member State shall inform the third country concerned of the obligation to use the data only for the purposes for which they were transferred; (c) the data shall be transferred or made available in accordance with the relevant provisions of Union law regarding transfers of personal data and the national law of the Member State which has transferred or made available the data, including the relevant legal provisions regarding data security and data protection;
Amendment 988 #
Proposal for a regulation
Article 55 – paragraph 2 b (new)
Article 55 – paragraph 2 b (new)
Amendment 1017 #
Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 2
Article 63 – paragraph 3 – subparagraph 2
eu-LISA, in cooperation with the Member States, shall define the design of the physical architecture of the system including its Communication Infrastructure as well as the technical specifications and their evolution as regards the Central System, the and the National Uniform Interfaces, which shall be adopted by the Management Board, subject to a favourable opinion of the Commission. eu- LISA shall also implement any necessary adaptations to the EES, SIS, Eurodac, ECRIS or VIS deriving from the establishment of interoperability with the ETIAS.
Amendment 1062 #
Proposal for a regulation
Article 75 – paragraph 1
Article 75 – paragraph 1
The revenues generated by the ETIAS shall constitute exinternal assigned revenue in accordance with Article 21(4) of Regulation (EU, EURATOM) No 966/2012.