114 Amendments of Tanja FAJON related to 2016/0357A(COD)
Amendment 185 #
Proposal for a regulation
Recital 9
Recital 9
(9) The ETIAS should establish a travel authorisation for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement') enabling to determine whether their presence in the territory of the Member States does not pose an irregular migration, or 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 191 #
Proposal for a regulation
Recital 10
Recital 10
(10) The ETIAS should contribute to a high level of security, and to the prevention of irregular 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 204 #
Proposal for a regulation
Recital 16
Recital 16
(16) To meet its objectives, the ETIAS should provide an online application form that the applicant should fill in with declarations relating to his or her identity, travel document, residence information, contact details, education and current occupation, his or her condition of family member to EU citizens or third country nationals benefiting from free movement not holding a residence card, if the applicant is minor, identity of the responsible person and answers to a set of background questions (whether or not the applicant is subject to any disease with epidemic potential as defined by the International Health Regulations of the World Health Organisation or other infectious or contagious parasitic diseases, criminal records, presence in war zones, decision to return to borders/orders to leave territory). Access to the applicants' health data should only be allowed to determine whether they represent a threat to public healthcriminal records, presence in war zones).
Amendment 216 #
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. For exceptional cases, where a request for additional information or documentation is notified to the applicant, the procedure could last up to two week17 working days.
Amendment 221 #
Proposal for a regulation
Recital 20
Recital 20
(20) The personal data provided by the applicant should be processed by the ETIAS for the sole purposes of verifying in advance the eligibility criteria laid down in Regulation (EU) 2016/39924 and assessing whether the applicant is likely to irregularly migrate, whether the entry of the applicant in the Union could pose a threat to security or to public health in the Unionirregular migration risk. _________________ 24 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code).
Amendment 229 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) When a "hit" on Interpol information systems (SLTD and TDAWN) occurs during the automated process, the Central Unit should conduct a specific check before the manual process in order to verify the accuracy of the hit, and the reasons of this traveller's travel document insertion in any of the Interpol information systems.
Amendment 233 #
Proposal for a regulation
Recital 24
Recital 24
(24) Applicants who have been refused a travel authorisation should have the right to appeal. Appeal and to an effective remedy. Appeals and remedies should be conducted in the Member State that has taken the decision on the application and in accordance with the national law of that Member State.
Amendment 238 #
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, or irregular 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 philosophicalsex, race, colour, ethnic or social origin, genetic features, language, religion or beliefs, trade upolitical or any other opinion, membership, sexual lif of a national minority, property, birth, disability, age or sexual orientation.
Amendment 243 #
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 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 ofor taken part in a serious crimeinal or terrorismt offence. 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 250 #
Proposal for a regulation
Recital 27
Recital 27
(27) The continuous emergence of new forms of security threats, new patterns of irregular migration and public health threats requires effective responses and needs to be 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 291 #
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 record of the applicant stored in the EES. In fact, the ETIAS should rely on accurate preliminary assessments of the security, public health and irregular migration risks, notably through the use of the screening rules. In order to constitute a reliable basis for the manual risk assessment by the Member States, and reduce to the minimum the occurrence of hits not corresponding to real risks ('false positives'), the hits resulting from screening rules based on statistics generated by ETIAS data itself need to be representative of a sufficiently broad population. This cannot be achieved exclusively on the basis of the data of the travel authorisations in their validity period. The retention period should start from the last entry record of the applicant stored in the EES, since that constitutes the last actual use of the travel authorisation. A retention period of five years corresponds to the retention period of an EES record with an entry authorisation granted on the basis of an ETIAS travel authorisation or a refusal of entry. This synchronisation of retention periods ensures that both the entry record and the related travel authorisation are kept for the same duration and is an additional element ensuring the future interoperability between ETIAS and EES. This synchronisation of data retention periods is necessary to allow the competent authorities to perform the risk analysis requested by the Schengen Borders Code. A decision to refuse, revoke or annul a travel authorisation could indicate a higher security or irregular migration risk posed by the applicant. Where such a decision has been issued, the 52 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 306 #
(48) In order to assess the security, or irregular 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 309 #
Proposal for a regulation
Recital 50 – indent 1
Recital 50 – indent 1
Amendment 318 #
Proposal for a regulation
Recital 50 – indent 5
Recital 50 – indent 5
- to further specify the security, or irregular migration or public health risks to be used for the establishment of the risk indicators.
Amendment 335 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a 'European Travel Information and Authorisation System' (ETIAS) for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement') enabling to determine whether their presence in the territory of the Member States does not pose an irregular migration, or security or public health risk. For this purpose a travel authorisation and the conditions and procedures to issue or refuse it are introduced.
Amendment 358 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 384 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
Amendment 399 #
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 and the ETIAS Ethics Board ;
Amendment 402 #
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
Amendment 431 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 435 #
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)] shall be established to enable carrying out the risk assessmentautomated processing referred to in Article 18.
Amendment 448 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Processing of personal data within the ETIAS Information System by any user shall not result in discrimination against third country nationals on the grounds of sex, racial or ethnic origin, religion or beliefe, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. It shall fully respect human dignity and integrity. Particular attention shall be paid to children, the elderly and persons with a disability.
Amendment 456 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Applications may be lodged in the Member States’ consulates or the European Union delegations in the third countries listed in Annex II to Council Regulation (EC) No 539/2001, in the following cases : (a) the applicant was not able to lodge an application by filling in the online application form, for reasons related to age, disability, digital skills or access to the technology required to fill in the online application form; (b) the applicant was not able to lodge an application by filling in the online application form in advance, and where the travel is justified by urgent reasons, this being proven by documents substantiating unforeseeable and imperative reasons for entry.
Amendment 462 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Where the official language(s) of the countries listed in Annex II of Council Regulation (EC) No 539/2001 do not correspond to the languages referred to in paragraph 3, factsheets with explanatory information concerning the content and the use of the public website and the mobile app for mobile devices and explanatory informationapplication lodging procedures and step-by-step information on the application form shall be made available in at least one of the official languages of the countries referred to.
Amendment 478 #
Proposal for a regulation
Article 15 – paragraph 2 – point h
Article 15 – paragraph 2 – point h
Amendment 482 #
Proposal for a regulation
Article 15 – paragraph 2 – point i
Article 15 – paragraph 2 – point i
Amendment 491 #
Proposal for a regulation
Article 15 – paragraph 2 – point l – point i
Article 15 – paragraph 2 – point l – point i
(i) their status ofas a family member;
Amendment 495 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 502 #
Proposal for a regulation
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
Amendment 507 #
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 criminal offence in any countrylisted in the Annex over the last ten years;
Amendment 511 #
Proposal for a regulation
Article 15 – paragraph 4 – point c
Article 15 – paragraph 4 – point c
(c) regarding any stay in a specific war or conflict zone over the last ten years and the reasons for the stay; If the applicant stayed in a specific war or conflict zone for purposes as humanitarian aid, journalism, academic research, the applicant should not answer positively to this question. If the applicant lived in a war or conflict zone and was a victim of that specific conflict or war, the applicant should not answer positively to this question.
Amendment 513 #
Proposal for a regulation
Article 15 – paragraph 4 – point d
Article 15 – paragraph 4 – point d
Amendment 528 #
Proposal for a regulation
Article 15 – paragraph 8
Article 15 – paragraph 8
Amendment 563 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The ETIAS Central System shall compare the relevant data referred to in Article 15(2)(a), (b), (d), (f), (g), (i), (m) and (8m) to the data present in the ETIAS watchlist referred to in Article 29.
Amendment 567 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. The ETIAS Central System shall compare the relevant data referred to in Article 15(2)(a), (f), (h) and (if) and the specific risk indicators referred to in Article 28.
Amendment 588 #
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. Pursuant to Article 18(2)(b) and (m), if a hit occurs on the TDAWN or the SLTD information systems, caused by an alert coming from any third country, the ETIAS Central Unit shall verify the accuracy of the hit and whether the notice associated to a travel document or the reporting of a travel document as lost, stolen or invalidated, were justified.
Amendment 596 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. For third country nationals referred to in Article 2(1)(c), the travel authorisation as defined in Article 3(d) shall be understood as a decision issued in accordance with this Regulation indicating that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the Member States poses a security or public health risk in accordance with Directive 2004/38/EC.
Amendment 631 #
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) toand (c), refuse a travel authorisation.
Amendment 637 #
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) (b) and (d) to (m), assess the security or irregular migration risk and decide whether to issue or refuse a travel authorisation.
Amendment 648 #
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, or security or public health risk and decide whether to issue or refuse a travel authorisation.
Amendment 656 #
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. Where the automated processing laid down in Article 18(5) has reported a hit, the ETIAS National Unit of the responsible Member State shall assess the irregular migration, or security or public health risk and decide whether to issue or refuse a travel authorisation.
Amendment 667 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The request for additional information or documentation shall be notified to the contact e-mail address recorded in the application file. The request for additional information or documentation shall clearly indicate the information or documentation that the applicant is required provide. The applicant shall provide the additional information or documentation directly to the ETIAS National Unit through the secure account service referred to in Article 6(2)(g) within 714 working days of the date of receipt of the request.
Amendment 672 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. In exceptional circumstances, the ETIAS National Unit may invite the applicant for an interview at a consulate in his or her country of residence, or use modern means of communication to carry out an interview with the applicant.
Amendment 692 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 715 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The ETIAS screening rules shall be an algorithm enabling the comparison between the data recorded in an application file of the ETIAS Central System and specific risk indicators pointing to irregular migration, or security or public health risks. The ETIAS screening rules shall be registered in the ETIAS Central System.
Amendment 720 #
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. The irregular migration, or security or public health risks shall be determined on the basis of:
Amendment 726 #
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 irregular migration, or security or public health risk associated with a specific group of travellers;
Amendment 727 #
Proposal for a regulation
Article 28 – paragraph 2 – point d
Article 28 – paragraph 2 – point d
(d) information provided by Member States concerning specific security risk indicators or threats identified by that Member State, substantiated by objective and evidence-based elements ;
Amendment 728 #
Proposal for a regulation
Article 28 – paragraph 2 – point e
Article 28 – paragraph 2 – point e
(e) information provided by Member States concerning abnormal rates of overstayers and refusals of entry for a specific group of travellers for that Member State, substantiated by objective and evidence-based elements ;
Amendment 730 #
Proposal for a regulation
Article 28 – paragraph 2 – point f
Article 28 – paragraph 2 – point f
Amendment 735 #
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 irregular migration, or security or public health risks referred to in paragraph 2.
Amendment 738 #
Proposal for a regulation
Article 28 – paragraph 4 – point c
Article 28 – paragraph 4 – point c
Amendment 741 #
Proposal for a regulation
Article 28 – paragraph 4 – point d
Article 28 – paragraph 4 – point d
Amendment 746 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. The specific risk indicators shall be targeted and proportionate. They shall in no circumstances be based on a person's race or ethnic origin, political opinions, religion or philosophicalsex, race, colour, ethnic or social origin, genetic features, language, religion or beliefs, trade upolitical or any other opinion, membership, sexual lif of a national minority, property, birth, disability, age or sexual orientation.
Amendment 748 #
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
6. The specific risk indicators shall be defined, modified, added and deleted by the ETIAS Central Unit after consultation of the ETIAS Screening Board and the ETIAS Ethics Board.
Amendment 751 #
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 or persons regarding whoma there are factual indications or reasonable grounds to believe that they will commit criminalrorist offences.
Amendment 755 #
Proposal for a regulation
Article 29 – paragraph 2 – point b
Article 29 – paragraph 2 – point b
(b) information related to terrorist offences or other serious criminal offences provided by Member States; Member States are accountable of the information they provide and their accuracy.
Amendment 756 #
Proposal for a regulation
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
Amendment 757 #
Proposal for a regulation
Article 29 – paragraph 3 – introductory part
Article 29 – paragraph 3 – introductory part
3. On the basis of the information referred to in paragraph 2 and relevant Europol data, Europol shall establish the ETIAS watchlist composed of items consisting of one or moreat least two of the following data elements:
Amendment 759 #
Proposal for a regulation
Article 29 – paragraph 3 – point g
Article 29 – paragraph 3 – point g
Amendment 763 #
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Amendment 764 #
Proposal for a regulation
Article 29 b (new)
Article 29 b (new)
Article 29b Review procedure of the ETIAS Watchlist Europol shall foresee a procedure to review and verify regularly the accuracy of the data elements present in the Watchlist. The Member states having provided information related to terrorist offences or other serious criminal offences shall be associated to the review procedure.
Amendment 765 #
Proposal for a regulation
Article 29 c (new)
Article 29 c (new)
Article 29c Withdrawing data from the ETIAS Watchlist Europol shall ensure the data items in the Watchlist are accurate and up-to-date. Following the review procedure, items of data shall be withdrawn from the Watchlist if it is proven that the reasons they were inserted are no longer met, or that the data elements are obsolete or not up-to-date.
Amendment 766 #
Proposal for a regulation
Article 29 d (new)
Article 29 d (new)
Amendment 773 #
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 irregular migration, or 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 786 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point a
Article 31 – paragraph 1 – subparagraph 1 – point a
(a) presents a travel document which is reported as lost, stolen or invalidated;, pursuant to the verification foreseen in Article 20(3)(a).
Amendment 797 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point d
Article 31 – paragraph 1 – subparagraph 1 – point d
Amendment 803 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Applicants who have been refused a travel authorisation shall have the right to appeal. Appeal and to an effective remedy. Appeals and remedies shall be conducted in the Member State that has taken the decision on the application and in accordance with the national law of that Member State. Appeals and remedies shall be supervised by a judicial body. The ETIAS National Unit of the responsible Member State shall provide applicants with information regarding the procedure to be followed in the event of an appeal or a remedy.
Amendment 815 #
Proposal for a regulation
Article 32 – paragraph 2 – point c
Article 32 – paragraph 2 – point c
(c) the detailed and specific ground(s) for refusal of the travel authorisation, as laid down in Article 31(1); This information shall be sufficient for applicants to formulate meaningful appeals and remedies.
Amendment 819 #
Proposal for a regulation
Article 32 – paragraph 2 – point d
Article 32 – paragraph 2 – point d
(d) information on the procedure to be followed for an appeal or a remedy.
Amendment 825 #
Proposal for a regulation
Article 33 – paragraph 1 – point e
Article 33 – paragraph 1 – point e
(e) the detailed and specific ground(s) for refusal of the travel authorisation as laid down in Article 31(1).
Amendment 830 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. A person whose travel authorisation has been annulled shall have the right to appeal. Appeal and to an effective remedy. Appeals and remedies shall be conducted in the Member State that has taken the decision on the annulment in accordance with the national law of that Member State.
Amendment 838 #
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. An applicant whose travel authorisation has been revoked shall have the right to appeal. Appeal and to an effective remedy. Appeals and remedies shall be conducted in the Member State that has taken the decision on the revocation and in accordance with the national law of that Member State.
Amendment 840 #
Proposal for a regulation
Article 36 – paragraph 1 – point c
Article 36 – paragraph 1 – point c
(c) the detailed and specific ground(s) for the annulment or revocation of the travel authorisation, as laid down in Article 31(1); This information shall be sufficient for applicants to formulate meaningful appeals and remedies.
Amendment 842 #
Proposal for a regulation
Article 36 – paragraph 1 – point d
Article 36 – paragraph 1 – point d
(d) information on the procedure to be followed for an appeal or a remedy.
Amendment 846 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The application file shall also indicate the detailed and specific ground(s) for annulment or revocation as laid down in Article 31(1).
Amendment 850 #
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 or Member States concerned 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 854 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. For the purposes of paragraph 1, the applicant may apply for a travel authorisation with limited territorial validity to the Member States to which he or she intends to travel. He or she and shall indicate the humanitarian grounds, the reasons of national interest or the international obligations in his or her application.
Amendment 855 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. The Member State to which the third country national intends to travel first shall be the Member State responsible for deciding whether to issue or refuse a travel authorisation with limited territorial validity.
Amendment 859 #
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 States concerned and for a maximum of 1530 days.
Amendment 900 #
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. The competent authorities shall submit a reasoned electronic request for consultation of a specific set of data stored in the ETIAS Central System to the central access points referred to in Article 8(2)(c). Where consultation of data referred to in Article 15(2 (4)(ib) and (4)(b) to (dc) is sought, the reasoned electronic request shall include a justification of the necessity to consult those specific data.
Amendment 903 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. Each Member State shall ensure prior to accessing ETIAS Central System that according to its national law and procedural law a request for consultation undergoes an independent, efficient and timely verification whether the conditions referred to in Article 45 are fulfilled, including whether any request for consultation of data referred to in Article 15(2 (4)(ib) and (4)(b) to (dc) is justified.
Amendment 905 #
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. In an exceptional case of urgency, where there is a need to immediately obtain personal data necessary for preventing the commission of a serious crime or for prosecuting its perpetratorsprevent an imminent danger associated with a terrorist offence or other serious criminal offence, the central access point shall process the request immediately and without the independent verification provided in paragraph 2. An ex post independent ex post verification shall take place without undue delay after the processing of the request, including whether an exceptional case of urgency actually existedverify whether the conditions referred to in Article 45 are fulfilled, including whether an exceptional case of urgency actually existed. The ex post independent verification shall take place without undue delay after the processing of the request.
Amendment 907 #
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. Where an ex post independent verification determines that the consultation of and access to the data recorded in the ETIAS Central System were not justified, all the authorities that accessed and/or consulted such data shall erase the data originating from the ETIAS Central System and shall inform the central access point of the erasure. Member States shall take all measures necessary to ensure that the provisions of Article 44(4) are implemented and foresee penalties applicable to the infringement of Article 44(4) and Article 45, according to their national law. All the conditions referred to in Article 45 shall be fulfilled. If the ex post verification determines they were not and that no exceptional case or urgency actually existed, effective, proportionate and dissuasive penalties shall apply.
Amendment 914 #
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) the consultation is necessary for the purpose of the prevention, detection or investigation of a terrorist offences or another serious criminal offence;
Amendment 916 #
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
(b) access for consultation is necessary in aand proportionate in the specific case;
Amendment 919 #
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
(c) reasonable groundssubstantial evidence exists to consider that the consultation of data stored in the ETIAS Central System maywill substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under the category of third country nationals covered by this Regulation;
Amendment 921 #
Proposal for a regulation
Article 45 – paragraph 2 – point f
Article 45 – paragraph 2 – point f
Amendment 926 #
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
4. Consultation of the ETIAS Central System shall, in the event of a hit with data recorded in an application file, give access to the data referred to in Article 15(2)(a) to (g) and (j) to (m) as recorded in that application file as well as to data entered in that application file in respect of the issuing, refusal, revocation or annulment of a travel authorisation in accordance with Articles 33 and 37. Access to the data referred to in Article 15(2)(i4) (b) and in (4) (b) to (d(c) as recorded in the application file shall only be given if consultation of that data was explicitly requested by the operating units in the reasoned electronic request submitted under Article 44(1) and approved by the independent verification. Consultation of the ETIAS Central System shall not give access to data concerning the education as referred to in Article 15(2)(h) or on whether or not the applicant may pose a public health risk as referred to in Article 15(4)(a).
Amendment 931 #
Proposal for a regulation
Article 46 – paragraph 2 – introductory part
Article 46 – paragraph 2 – introductory part
2. The reasoned request shall contain evidence that all the following conditions are met:
Amendment 932 #
Proposal for a regulation
Article 46 – paragraph 2 – point b
Article 46 – paragraph 2 – point b
(b) the consultation is necessary in aand proportionate in the specific case;
Amendment 935 #
Proposal for a regulation
Article 46 – paragraph 2 – point d
Article 46 – paragraph 2 – point d
(d) reasonable groundssubstantial evidence exists to consider that the consultation mayof data stored in the ETIAS Central System will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question;
Amendment 937 #
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
4. Consultation of the ETIAS Central System shall, in the event of a hit with data stored in an application file, give access to the data referred to in Article 15(2)(a) to (g) and (j) to (m) as well as to the data entered in the application file in respect to the issuing, refusal, revocation or annulment of a travel authorisation in accordance with Articles 33 and 37. Access to the data referred to in Article 15(24)(ib) and in (4)(b) to (d(c) as stored in the application file shall only be given if consultation of that data was explicitly requested by Europol.
Amendment 941 #
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
Amendment 946 #
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
(c) fivetwo years from the last decision to refuse, revoke or annul the travel authorisation in accordance with Articles 31, 34 and 35.
Amendment 966 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. The European Border and Coast Guard Agency is to be considered a data controller in accordance with Article 2(d) of Regulation (EC) No 45/2001 in relation to the processing of personal data in the ETIAS Central System. In relation to information security management of the ETIAS Central System, the European Border and Coast Guard Agency and eu- LISA are to be considered joint controllers.
Amendment 970 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Both eu-LISA and, the ETIAS National Units and the European Border and Coast Guard Agency shall ensure the security of processing of personal data takes place pursuant to the application of this Regulation. eu-LISA and, the ETIAS National Units and the European Border and Coast Guard Agency shall cooperate on security related tasks.
Amendment 985 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Personal data accessed from the ETIAS Central System by a Member State or by for the purposes referred to in Article 1(2) 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 1001 #
Proposal for a regulation
Article 61 – paragraph 1 – point b
Article 61 – paragraph 1 – point b
(b) information concerning the website and the mobile application for a web device where the application can be launched, and the exceptional lodging procedures in Member States consulates or EU Delegations in third countries listed in Annex II to Council Regulation (EC) No 539/2001;
Amendment 1004 #
Proposal for a regulation
Article 61 – paragraph 1 – point d
Article 61 – paragraph 1 – point d
(d) that decisions on applications must be notified to the applicant, that such decisions must state clearly, where relevant, the reasons for refusal on which they are based and that applicants whose applications are refused have a right to appeal and to an effective remedy, with information regarding the procedure to be followed in the event of an appeal or a remedy, including the competent authority, as well as the time limit for lodging an appeal or a remedy;
Amendment 1008 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
The Commission shall, in cooperation with the ETIAS Central Unit, and the Member States, accompany the start of the ETIAS operation with an information campaign, to inform third country nationals falling within the scope of this Regulation of their travel authorisation requirement to be in possession of a valid travel authorisation for crossing the external borders. This information campaign shall be launched in all the official languages of the Member States, and in at least one of the official languages of each third country whose nationals fall within the scope of this Regulation.
Amendment 1010 #
2. The infrastructures supporting the public website, the mobile app and the carrier gateway shall be hosted in eu-LISA' sites or in Commission sites. These infrastructures shall be geographically distributed to provide the functionalities laid down in this Regulation in accordance with the conditions of data protection by design and default, security, availability, quality and speed laid down in paragraph 3.
Amendment 1016 #
Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 2
Article 63 – paragraph 3 – subparagraph 2
eu-LISA shall define the design of the physical architecture of the system including its Communication Infrastructure as well as the technical specifications and their evolution as regards the Central System, the Uniform Interfaces, which shall be adopted by the Management Board, subject to a favourable opinion of the Commission. eu-LISA shall also implement any necessary adaptations to the EES, SIS, Eurodac, ECRIS or VIS deriving from the establishment of interoperability with the ETIAS.
Amendment 1021 #
Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 3 a (new)
Article 63 – paragraph 3 – subparagraph 3 a (new)
eu-LISA shall define the design of the physical architecture and handle the technical management of the ETIAS Watchlist.
Amendment 1023 #
Proposal for a regulation
Article 64 – paragraph 1 – subparagraph 1
Article 64 – paragraph 1 – subparagraph 1
Following the entry into operations of the ETIAS, eu-LISA shall be responsible for the technical management of the Central System and, the National Uniform Interfaces and the ETIAS Watchlist. It shall ensure, in cooperation with the Member States, at all times the best available technology, subject to a cost- benefit analysis. eu-LISA shall also be responsible for the technical management of the Communication Infrastructure between the Central system and the National Uniform Interfaces as well as for the public website, the mobile app for mobile devices, the email service, the secure account service, the carrier gateway, the web service and the software to process the applications referred to in Article 6.
Amendment 1037 #
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. The common leaflet shall be drawn up and set up by the Commission. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 79(2) and shall contain at a minimum the information referred to in Article 61. The leaflet shall be clear and simple and available in a language version the person concerned understands or is reasonably assumed to understandll the official languages of the Member States, and in at least one of the official languages of each third country whose nationals fall within the scope of this Regulation.
Amendment 1039 #
Proposal for a regulation
Article 73 – paragraph 1 – point d
Article 73 – paragraph 1 – point d
Amendment 1042 #
Proposal for a regulation
Article 73 – paragraph 1 – point e
Article 73 – paragraph 1 – point e
Amendment 1047 #
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, according to the principles of data protection by design and by default, establish, implement and host a central repository containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics to improve the assessment of the irregular migration, and 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.
Amendment 1051 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 2
Article 73 – paragraph 2 – subparagraph 2
Amendment 1074 #
Proposal for a regulation
Article 78 – paragraph 5
Article 78 – paragraph 5
5. A delegated act adopted pursuant to Article 15(2) and (4), Article 16(4), Article 28(3) and, Article 72(1) and (4) and Article 73 (2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [two months] at the initiative of the European Parliament or of the Council.
Amendment 1076 #
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. Once the development is finalised, a report shall be submitted to the European Parliament and, the Council and the EDPS explaining in detail how the objectives, in particular relating to planning and costs, were achieved as well as justifying any divergences.
Amendment 1090 #
Proposal for a regulation
Article 81 – paragraph 8 – subparagraph 2
Article 81 – paragraph 8 – subparagraph 2
Member States’ and Europol’s annual reports shall be transmitted to the Commission and the European Parliament by 30 June of the subsequent year.
Amendment 1091 #
Proposal for a regulation
Annex 1 a (new)
Annex 1 a (new)
Annex 1a List of criminal offences referred to in Article 15(4)(b) 1. terrorist offences 2. participation in a criminal organisation, 3. trafficking in human beings, 4. sexual exploitation of children and child pornography, 5. illicit trafficking in narcotic drugs and psychotropic substances, 6. illicit trafficking in weapons, munitions and explosives, 7. corruption, 8. fraud, including that against the financial interests of the Union, 9. laundering of the proceeds of crime and counterfeiting of currency, including the euro, 10. computer-related crime/cybercrime, 11. environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties, 12. facilitation of unauthorised entry and residence, 13. murder, grievous bodily injury, 14. illicit trade in human organs and tissue, 15. kidnapping, illegal restraint and hostage-taking, 16. organised and armed robbery, 17. illicit trafficking in cultural goods, including antiques and works of art, 18. counterfeiting and piracy of products, 19. forgery of administrative documents and trafficking therein, 20. illicit trafficking in hormonal substances and other growth promoters, 21. illicit trafficking in nuclear or radioactive materials, 22. rape, 23. crimes within the jurisdiction of the International Criminal Court, 24. unlawful seizure of aircraft/ships, 25. sabotage, 26. trafficking in stolen vehicles, 27. industrial espionage, 28. arson, 29. racism and xenophobia.