2016/0357(COD) | [ParlTrack]

Proposal for a regulation
Article 4 – paragraph 1 – point b

~~(b) contribute to the prevention of irregular migration by providing for an irregular migration risk assessment of applicants prior to their arrival at the external borders crossing points;~~deleted

Amendment 101 #

Proposal for a regulation
Article 4 – paragraph 1 – point e

(e) support the objectives of the Schengen Information System (SIS) related to the alerts in respect of persons wanted for arrest or for surrender or extradition purposes, on missing persons in particular children, on persons sought to assist with a judicial procedure and on persons for discreet checks or specific checks;

Amendment 102 #

Proposal for a regulation
Article 13 – paragraph 1

1. Applicants shall lodge an application by filling in the online application form via the dedicated public website or, via the mobile app for web devices or where applicable via application kiosks, sufficiently in advance of any intended travel.

Amendment 103 #

Proposal for a regulation
Article 13 – paragraph 2

2. Applications may be lodged by the applicant or by a person or a commercial intermediary authorised by the applicant to lodge the application in his or her behalf. The Union delegations in third countries shall provide all necessary assistance to the applicants.

Amendment 104 #

Proposal for a regulation
Article 14 – paragraph 2

2. The public website and the mobile app for mobile devices shall make the application form widely available and easily accessible to applicants free of charge; both the website and the mobile app shall be accessible to people with disabilities.

Amendment 105 #

Proposal for a regulation
Article 15 – paragraph 2 – point h

~~(h) education (level and field);~~deleted

Amendment 106 #

Proposal for a regulation
Article 15 – paragraph 2 – point h

~~(h) education (level and field);~~deleted

Amendment 107 #

Proposal for a regulation
Article 15 – paragraph 2 – point h

~~(h) education (level and field);~~deleted

Amendment 108 #

Proposal for a regulation
Article 15 – paragraph 2 – point k

(k) for minors, surname ~~and~~, first name(s), e-mail address or phone number and home address of the applicant's parental authority or legal guardian;

Amendment 109 #

Proposal for a regulation
Article 15 – paragraph 2 – point m

(m) in the case of applications filled in by a person other than the applicant and group applications, 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 signed representative declaration.

Amendment 110 #

Proposal for a regulation
Article 15 – paragraph 3

3. The applicant shall choose ~~the level and field of education,~~ the current occupation and the job title 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 111 #

Proposal for a regulation
Article 15 – paragraph 3

Amendment 112 #

Proposal for a regulation
Article 15 – paragraph 3

Amendment 113 #

Proposal for a regulation
Article 15 – paragraph 4 – point b

(b) whether he or she has ever been convicted of any serious criminal offence, as defined in article 3(m) of this Regulation, in any country;

Amendment 114 #

Proposal for a regulation
Article 16 – paragraph 4

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 on the payment methods and process for the travel authorisation fee and on changes to the amount of that fee. The Commission shall take into account technological developments and their availability, in order not to hinder visa-free third country nationals who may not have access to certain payment means when applying for an ETIAS authorization.

Amendment 115 #

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point m

(m) whether the travel document used for the application corresponds to a travel document recorded in a file in the Interpol TDAWN, including the Yellow Notices that could help locate missing persons;

Amendment 116 #

Proposal for a regulation
Article 18 – paragraph 7 – subparagraph 1 – point b

(b) an alert in respect of missing persons, in particular children;

Amendment 117 #

Proposal for a regulation
Chapter 3 a (new)

Article 21a. Specific rules for refugees and stateless persons residing in a visa-exempt country 1.When a refugee or a stateless person referred to in Article 2(1)(b) applies for a travel authorisation, the following specific rules will apply: (a) the applicant shall not reply to the question referred to in Article 15(4)(c). (b) the fee referred to in Article 16 shall be waived.

Amendment 118 #

Proposal for a regulation
Article 22 – paragraph 4 – point b

(b) where the hit corresponds to one or several of the categories laid down in Article 18(2)(d) to (m), assess the security ~~or irregular migration~~ risk and decide whether to issue or refuse a travel authorisation.

Amendment 119 #

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.

Amendment 120 #

Proposal for a regulation
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,~~ security or public health risk and decide whether to issue or refuse a travel authorisation.

Amendment 121 #

Proposal for a regulation
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 7 working days of the date of receipt of the request. The applicant shall be entitled to ask for additional time for submitting the requested documentation not exceeding 30 working days.

Amendment 122 #

Proposal for a regulation
Article 23 – paragraph 6

6. Where the applicant fails to reply to the invitation within the deadline or where the applicant fails to attend the interview without providing a substantiated justification, the application shall be refused in accordance with Article 31(1) and the ETIAS National Unit of the responsible Member State shall inform the applicant without delay.

Amendment 123 #

Proposal for a regulation
Article 25 – paragraph 3

3. In any case, Europol shall not have access to the personal data concerning the ~~education of the applicant as referred to in Article 15(2)(h) and the~~ health of the applicant as referred to in Article 15(4)(a).

Amendment 124 #

Proposal for a regulation
Article 25 – paragraph 5

5. Europol shall reply within 24 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 125 #

Proposal for a regulation
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,~~ security or public health risks. The ETIAS screening rules shall be registered in the ETIAS Central System.

Amendment 126 #

Proposal for a regulation
Article 28 – paragraph 2 – introductory part

2. The ~~irregular migration,~~ security or public health risks shall be determined on the basis of:

Amendment 127 #

Proposal for a regulation
Article 28 – paragraph 2 – point a

(a) [statistics generated by the EES indicating abnormal rates of overstayers and refusals of entry ~~for a specific group of travellers~~; ]

Amendment 128 #

Proposal for a regulation
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 a~~n irregular migration,~~ security or public health risk associated with a specific group of travellers;

Amendment 129 #

Proposal for a regulation
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, security or public health risk ~~associated with a specific group of travellers~~;

Amendment 130 #

Proposal for a regulation
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~~;

Amendment 131 #

Proposal for a regulation
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,~~ security or public health risks referred to in paragraph 2.

Amendment 132 #

Proposal for a regulation
Article 28 – paragraph 4 – point c

~~(c) education level;~~deleted

Amendment 133 #

Proposal for a regulation
Article 28 – paragraph 4 – point c

~~(c) education level;~~deleted

Amendment 134 #

Proposal for a regulation
Article 28 – paragraph 4 – point c

~~(c) education level;~~deleted

Amendment 135 #

Proposal for a regulation
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 philosophical beliefs, trade union membership, sexual life or sexual orientation. Preventive risk profiling based on general data rather than on a concrete and manifest risk shall not be permissible.

Amendment 136 #

Proposal for a regulation
Article 29 – paragraph 3 a (new)

3 a. Safeguards must be established to ensure that personal data that are processed in the ETIAS watchlist are sufficiently protected.

Amendment 137 #

Proposal for a regulation
Article 29 – paragraph 3 b (new)

3 b. Should the grounds for inclusion in the ETIAS watchlist be unjustified, removal from the ETIAS watchlist should be possible at any time .

Amendment 138 #

Proposal for a regulation
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 a~~n irregular migration,~~ security or public health risk, a travel authorisation shall be issued by the ETIAS Central System or the ETIAS National Unit of the responsible Member State.

Amendment 139 #

2. A travel authorisation shall be valid for ~~fiv~~three 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 140 #

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point b

~~(b) poses an irregular migration risk;~~deleted

Amendment 141 #

Proposal for a regulation
Article 31 – paragraph 2

2. Applicants who have been refused a travel authorisation shall have the right to appeal. Appeals 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. The ETIAS National Unit of the responsible Member State shall provide applicants with information in writing regarding the procedure to be followed in the event of an appeal, in a language that applicants can understand. The appeals procedure shall be concluded within three months at the latest.

Amendment 142 #

Proposal for a regulation
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)(i) and in (4) (b) to (d) 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 143 #

Georgios EPITIDEIOS

Proposal for a regulation
Article 56 – paragraph 1

1. The supervisory authority or authorities designated pursuant to Article 51 of [Regulation 2016/679] shall ensure that an annual audit of the data processing operations by the ETIAS National Units is carried out in accordance with relevant international auditing standards ~~at least every four years~~.

Amendment 144 #

Proposal for a regulation
Article 62 – paragraph 1

The Commission shall, in cooperation with the ETIAS Central Unit, ~~and~~ the Member States, their embassies to the third countries falling within the scope of this Regulation, and the Union delegations in those countries, 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.

Amendment 145 #

Proposal for a regulation
Article 62 – paragraph 1

The Commission shall, in cooperation with the ETIAS Central Unit, and the Member States, ~~accompany~~launch well in advance before 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.

Amendment 146 #

Proposal for a regulation
Article 63 – paragraph 2

2. The infrastructures supporting the public website, the mobile app, the kiosks 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 security, availability, quality and speed laid down in paragraph 3.

Amendment 147 #

Proposal for a regulation
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. 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 kiosks, 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 148 #

Proposal for a regulation
Article 66 – paragraph 1 a (new)

1 a. the compliance with its obligations concerning fundamental rights, in particular the obligations under the European Convention on Human Rights (ECHR), the Charter of Fundamental Rights (CFR) and the Convention on the Rights of the Child (CRC);

Amendment 149 #

Proposal for a regulation
Article 72 – paragraph 2

2. During this six month period, the border guards as well as the diplomatic representations of EU Member States and EU delegations to the countries falling within the scope of this Regulation, shall inform third country nationals subject to the travel authorisation requirement crossing the external borders of the requirement to have a valid travel authorisation from the expiry of the six month period. For this purpose, the border guards shall distribute a common leaflet to this category of travellers. Such leaflet shall also be made available at the Member States' embassies and Union delegations to the countries falling within the scope of this Regulation.

Amendment 150 #

Proposal for a regulation
Article 73 – paragraph 1 – point d

~~(d) education;~~deleted

Amendment 151 #

Proposal for a regulation
Article 73 – paragraph 1 – point d

~~(d) education;~~deleted

Amendment 152 #

Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 1

For the purpose of paragraph 1, eu-LISA shall establish, implement and host a central repository containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics to improve the assessment of the ~~irregular migration,~~ security and health risks, to enhance the efficiency of border checks, to help the ETIAS Central Unit processing the travel authorisation applications and to support evidence-based Union migration policymaking. The repository shall also contain daily statistics on the data referred to in paragraph 4. Access to the central repository shall be granted by means of secured access through S-TESTA with control of access and specific user profiles solely for the purpose of reporting and statistics.

Amendment 153 #

Proposal for a regulation
Article 76 – paragraph 5

5. The Commission shall make the information notified pursuant to paragraph 1 available to the Member States and the public by an accessible and constantly updated public website.

Amendment 154 #

Proposal for a regulation
Article 81 – paragraph 5 – subparagraph 1 – point b a (new)

(b a) the impact on diplomatic relations between the Union and the third countries involved;

Amendment 67 #

Proposal for a regulation
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~~ risk.

Amendment 68 #

Proposal for a regulation
Recital 3 a (new)

(3 a) The ETIAS represents one of the priorities identified in the Bratislava Roadmap of 16 September 2016, signed and agreed by the 27 Heads of State and Government of the Union.

Amendment 69 #

Proposal for a regulation
Recital 5 a (new)

(5 a) The Commission together with the High Representative of the European Union for Foreign Affairs and Security Policy and in cooperation with the Member States should attach high relevance to foreign policy aspects of the establishment of ETIAS and communicate its objectives to the governments of the third countries concerned in a timely and concise manner, emphasizing the fundamental political, legal and practical differences between visa obligation and travel authorisation.

Amendment 70 #

Proposal for a regulation
Recital 5 b (new)

(5 b) The Commission should launch communication campaigns in the relevant third countries in due time before the ETIAS Regulation enters into force so that travellers will be duly informed about the application process for ETIAS authorisation, the legal remedies available in the event of a refusal as well as about the positive aspects of enabling smooth and faster border crossing for travellers with prior travel authorisation.

Amendment 71 #

Proposal for a regulation
Recital 9

(9) TSeveral third countries carried out a series of complex reforms in order to obtain visa-free travel for their citizens and the Union has granted a visa-free regime in recognition of their successful efforts. Therefore, 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 exclusively whether their presence of certain individuals in the territory of the Member States does not pose an irregular migration, security or public health risk. HFor this reason, holding a valid travel authorisation should be a new entry condition for the territory of the Member States~~, h~~. However, mere possession of a travel authorisation should not confer an automatic right of entry.

Amendment 72 #

Proposal for a regulation
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 a~~n irregular 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 73 #

Proposal for a regulation
Recital 10

(10) The ETIAS should contribute to a high level of security~~, 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 74 #

Proposal for a regulation
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 health.

Amendment 75 #

Proposal for a regulation
Recital 16

Amendment 76 #

Proposal for a regulation
Recital 16

Amendment 77 #

Proposal for a regulation
Recital 17

(17) ETIAS should be designed as a user-friendly platform and provide all relevant information in the language of the applicant. ETIAS should accept applications introduced on behalf of the applicant for situations where travellers are themselves not in a position to create an application, for whatever reason. In such cases, the application should be carried out by a third person authorised by the traveller or legally responsible for him/her provided this person's identity is included in the application form. Travel agents should be able to create applications on behalf of single and/or groups of applicants.

Amendment 78 #

Georgios EPITIDEIOS

Proposal for a regulation
Recital 17

(17) ETIAS should accept applications introduced on behalf of the applicant for situations where travellers are themselves not in a position to create an application, for ~~whatever reason~~reasons unrelated to public health and safety in the countries where the applications are submitted. In such cases, the application ~~should~~may be carried out by a third person authorised by the traveller or legally responsible for him/her provided this person's identity is included in the application form.

Amendment 79 #

Proposal for a regulation
Recital 17 a (new)

(17 a) ETIAS should provide application kiosks for applicants at the main departure air terminals and seaports and at major land border crossings.

Amendment 80 #

Proposal for a regulation
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~~was refused entry and/or overstayed in the past, whether the entry of the applicant in the Union could pose a threat to security or to public health in the Union. _________________ 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 81 #

Proposal for a regulation
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 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)) including the Yellow Notices that could help locate missing persons, 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 82 #

(24) Applicants who have been refused a travel authorisation should have the right to appeal. Appeals should be conducted in the Member State that has taken the decision on the application and in accordance with the national law of that Member State. The appeal procedure should be concluded within three months, at the latest.

Amendment 83 #

Proposal for a regulation
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 a applicant's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, sexual life or sexual orientation.

Amendment 84 #

(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 meansSince this Regulation entails 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 85 #

Proposal for a regulation
Recital 34

(34) Access to the information contained in ETIAS ~~is necessary~~could contribute to prevent, detect and investigate terrorist offences as referred to in Council Framework Decision 2002/475/JHA26 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 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 State (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 86 #

Proposal for a regulation
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/JHA26 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 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~~, in particular with the right to private life of individuals and the right 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 State (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 87 #

Proposal for a regulation
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, and 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 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 88 #

Georgios EPITIDEIOS

Proposal for a regulation
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. After expiry of that period, the data should be destroyed where the applicant is not judged to pose a threat to the security of the Member State in which the application is lodged. 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 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 89 #

Proposal for a regulation
Recital 47

(47) Strict access rules to the ETIAS Central System and the necessary safeguards should be established. The collection, storage and use of the data acquired under ETIAS shall in every case comply with the EU Charter of Fundamental Rights. It is also necessary to provide for individuals' rights of access, correction, deletion and redress, in particular the right to a judicial remedy and the supervision of processing operations by public independent authorities.

Amendment 90 #

Proposal for a regulation
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 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) No 194/2011, 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 91 #

Proposal for a regulation
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 to be indicated in the application for a travel authorisation,

Amendment 92 #

Proposal for a regulation
Recital 50 – indent 1

Amendment 93 #

Proposal for a regulation
Recital 50 – indent 3

- to amend the amount of the fee, to lay down the payment methods and process for the travel authorisation fee taking into account the technological developments and their availability ~~and to amend the amount of the fee~~, in order not to hinder visa-free third country nationals who may not have access to certain payment means when applying for an ETIAS authorization,

Amendment 94 #

Proposal for a regulation
Recital 50 – indent 5

- to further specify the security~~, irregular migration~~ or public health risks to be used for the establishment of the risk indicators.

Amendment 95 #

Proposal for a regulation
Recital 51

(51) It is of particular importance that the Commission carry out an impact assessment as well as appropriate consultations during its preparatory work, including at expert and diplomatic level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. The EEAS and the diplomatic representations of the third countries subject to the visa- free regime should also be consulted. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. Such expert groups should include representatives of the EEAS.

Amendment 96 #

Proposal for a regulation
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 a~~n 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 97 #

Proposal for a regulation
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 a~~n 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 98 #

Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)

(e a) irregular migration risk means the risk of a third country national not fulfilling the conditions of entry and stay as set out in Article 6 of Regulation (EU) 2016/399 of the European Parliament and of the Council.

Amendment 99 #