2016/0357A(COD) European travel information and authorisation system (ETIAS)
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
GÁL Kinga ( PPE)
|
GUILLAUME Sylvie ( S&D),
STEVENS Helga ( ECR),
DEPREZ Gérard ( ALDE),
ALBRECHT Jan Philipp ( Verts/ALE),
FONTANA Lorenzo ( ENF)
|
| Committee Opinion | AFET |
MCALLISTER David ( PPE)
|
|
| Committee Opinion | TRAN | ||
| Committee Opinion | BUDG |
DEPREZ Gérard ( ALDE)
|
Lead committee dossier:
Legal Basis:
TFEU 077-p2, TFEU 087-p2, TFEU 088-p2-a1
Legal Basis:
TFEU 077-p2, TFEU 087-p2, TFEU 088-p2-a1Subjects
Events
2018/09/19
Final act published in Official Journal
Details
PURPOSE: to establish a European Travel Authorisation and Information System (ETIAS) to improve the management of external borders.
LEGISLATIVE ACT : Regulation (EU) 2018/1240 of the European Parliament and of the Council establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226.
CONTENT: the Regulation creates a " European Travel Information and Authorisation System" (ETIAS) for third-country nationals who are exempted from the requirement to be in possession of a visa when crossing external borders in order to assess whether the presence of these third-country nationals in the territory of the Member States is likely to present a risk for security or illegal immigration or a high epidemic risk.
Purpose, structure and scope : ETIAS will allow for advance checks and, if necessary, refuse a travel authorisation to third-country nationals exempted from the visa requirement who are traveling to the Schengen area for planned stays of a duration not exceeding 90 days in any 180-day period.
The system will 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/EC of the European Parliament and of the Council applies.
Refugees, long-stay visa holders, nationals of third countries who are holders of a local border traffic permit, as well as holders of diplomatic passports and crew members of ships or aircraft in service are excluded from the scope.
ETIAS consists of the ETIAS Information System, the ETIAS Central Unit and the ETIAS National Units. The European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (‘eu-LISA’) will develop the ETIAS Information System and ensure its technical management.
In assisting the competent authorities of Member States, ETIAS will:
contribute to a high level of security , to the prevention of illegal immigration and to the protection of public health by providing an assessment of visitors prior to their arrival at the external border crossing points; contribute to the facilitation of border checks performed by border guards at the external border crossing points; support the objectives of the Schengen Information System (SIS) related to alerts on third-country nationals subject to a refusal of entry and stay, on persons wanted for arrest for surrender purposes or extradition purposes, on missing persons, on persons sought to assist with a judicial procedure and on persons for discreet checks or specific checks.
Operation of the system : applicants will need to submit an application for travel authorisation in sufficient time prior to any intended travel using an online application form . For each application, the applicant will have to pay a travel authorisation fee of EUR 7 (applicants under the age of 18 or over 70 will be exempted from the travel authorisation fee).
The ETIAS system will automatically and individually process each application for positive responses. To this end, it will consult the EU databases, Europol databases and the relevant Interpol databases to determine whether there are grounds for denying a travel authorisation. When automated processing does not lead to a hit, the ETIAS Central System will automatically issue a travel authorisation in a few minutes , except in exceptional cases for a small number of them.
If there is a hit, the application will be handled manually by the competent authorities . In this case, the ETIAS Central Unit will first check that the data recorded in the application file corresponds to the data triggering a hit. When it does or where doubts remain, the application will be processed manually by the ETIAS national unit of the Member State responsible. The latter may request additional information or documents from the applicant.
The issuing or refusal of an application which has triggered a hit will take place no later than 96 hours after the application is submitted or, if additional information has been requested, 96 hours after this information has been received. Applicants who have been refused a travel authorisation have the right to appeal. Appeals will 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.
Travel authorisation : a travel authorisation shall be valid for three years or until the end of validity of the travel document registered during application, whichever comes first. The travel authorisation will not provide an automatic right of entry or stay ; it is the border guard who will take the final decision. It may be cancelled or revoked as soon as it proves that the conditions of delivery were not or are no longer fulfilled.
Before boarding, air carriers and sea carriers will need to check whether third country nationals subject to the travel authorisation requirement are in possession of a valid travel authorisation.
ETIAS watchlist : this is established for the purposes of identifying connections between data in an application file and information related to persons who are suspected of having committed or having taken part in a terrorist offence or other serious criminal offence or regarding whom there are factual indications or reasonable grounds, based on an overall assessment of a person, to believe that they will commit a terrorist offence or other serious criminal offences. The ETIAS watchlist should form part of the ETIAS Central System.
Participation : the Regulation constitutes a development of the Schengen acquis; as a result, the United Kingdom and Ireland are not bound by it or subject to its application. Denmark will decide, within six months of the Council decision on the Regulation, whether or not it transposes it into national law.
ENTRY INTO FORCE : 9.10.2018.
2018/09/12
EC - Commission response to text adopted in plenary
Documents
2018/09/12
CSL - Draft final act
Documents
2018/09/12
CSL - Final act signed
2018/09/12
EP - End of procedure in Parliament
2018/09/05
EP/CSL - Act adopted by Council after Parliament's 1st reading
2018/07/05
EP - Results of vote in Parliament
Documents
2018/07/05
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 494 votes in favour, 115 against and 30 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 515/2014, (EU) 2016/399 and (EU) 2016/1624.
The European Parliament’s position, adopted at first reading under the ordinary legislative procedure, amended the Commission proposal as follows:
Objective and scope : the proposed Regulation shall establish 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 enabling consideration of whether the presence of those third-country nationals in the territory of the Member States would pose a security, illegal immigration or high epidemic risk .
A travel authorisation shall therefore constitute a decision indicating that there are no factual indications or reasonable grounds to consider that the presence of a person on the territory of the Member States poses such risks.
Processing of applications : the ETIAS central system shall automatically process and examine each application file individually for positive answers.
The personal data in the applications shall be compared with the data present in a record, file or alert registered in an EU information system or database (the ETIAS Central System, SIS, the Visa Information System (VIS), the Entry/Exit System (EES) or Eurodac), in Europol data or in the Interpol databases (the Interpol Stolen and Lost Travel Document database (SLTD) or the Interpol Travel Documents Associated with Notices database (TDAWN)).
The personal data in the applications should also be compared against the ETIAS watchlist and against specific risk indicators
The ETIAS watchlist shall consist of data related to persons who are suspected of having committed or taken part in a terrorist offence or other serious criminal offence or persons regarding whom there are factual indications or reasonable grounds to believe that they will commit a terrorist offence or other serious criminal offence.
ETIAS structure : ETIAS shall consist of a large-scale information system, the ETIAS information system, the ETIAS central unit and the ETIAS national units.
The ETIAS central unit shall be part of the European Border and Coast Guard Agency. It would be responsible for verifying, in cases where the automated application process has reported a hit, whether the applicant’s personal data correspond to the personal data of the person having triggered that hit. Where a hit is confirmed or where doubts remain, the ETIAS central unit shall initiate the manual processing of the application .
It shall ensure that the data it enters in the applications files are up to date and define, establish, assess ex ante , implement, evaluate ex post , revise and delete the specific risk indicators, ensuring that the verifications that are performed and their results are recorded in the application files
Each Member State shall establish an ETIAS national unit responsible for examining applications and deciding whether to issue or refuse, annul or revoke travel authorisations. The ETIAS national units shall cooperate with each other and with the European Union Agency for Law Enforcement Cooperation (Europol) for the purpose of assessing applications.
Applications for authorisation : ETIAS shall provide an online application form that the applicant shall fill in with declarations relating to his or her identity, travel document, residence information, contact details, level of education and job group, any status he or she holds of family member to Union citizens or third-country nationals enjoying the right of free movement and not holding a residence card or a residence permit where the applicant is minor, details of the person responsible for him or her, and answers to a set of background questions.
The applicant shall also indicate:
whether he or she has been convicted of any criminal offence (terrorism, sexual exploitation of children, trafficking in human beings or drugs, murder and rape) over the previous 10 years and in the case of terrorist offences , over the previous twenty years, and if so when and in which country; whether he or she has stayed in a specific war or conflict zone over the previous 10 years and the reasons for the stay; whether he or she has been the subject of any decision requiring him or her to leave the territory of a Member State or of any third countries listed in Annex II to Regulation No 539/2001 or whether he or she was subject to any return decision issued over the previous 10 years.
For each application submitted, the applicant shall pay a travel authorisation fee of EUR 7 . Persons under 18 and over 70 shall be exempt from this tax. The travel authorisation shall be valid for 3 years (or until the travel document expires).
Most travel authorisations shall be issued within minutes except in exceptional cases for a limited number of them. Possible interviews shall only be conducted in exceptional circumstances, as a last resort and when there are serious doubts about the information or documents provided by the applicant.
Fundamental rights : Parliament specified that the processing of personal data within the ETIAS information system shall not result in discrimination against third-country nationals on the grounds of sex, race, colour or ethnic or social origin, genetic characteristics, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. The best interests of the child shall always be a primary consideration.
In order to help ensure respect for fundamental rights when implementing the ETIAS screening rules and specific risk indicators, an ETIAS Fundamental Rights Guidance Board shall be established .
Parliament also approved a joint statement by the Parliament and the Council stating that the operating and maintenance costs of the ETIAS Information System, the ETIAS Central Unit and the ETIAS National Units shall be covered entirely by the revenues generated by the fees .
The costs incurred in connection with the development of the ETIAS Information System, the integration of the existing national border infrastructure and the connection to the National Uniform Interface as well as the hosting of the National Uniform Interface and the set-up of the ETIAS Central Unit and ETIAS National Units, including those incurred by EU Member States as well as Schengen Associated Countries, shall be borne by the Internal Security Fund (Borders and Visa) respectively its successor(s).
Documents
2018/07/04
EP - Debate in Parliament
Documents
2018/04/27
CSL - Coreper letter confirming interinstitutional agreement
Documents
2018/04/25
EP - Text agreed during interinstitutional negotiations
Documents
2018/04/24
EP - Approval in committee of the text agreed at 2nd reading interinstitutional negotiations
Documents
2017/10/25
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2017/10/23
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Kinga GÁL (EPP, HU) on the proposal for a regulation of the European Parliament and of the Council establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 515/2014, (EU) 2016/399 and (EU) 2016/1624.
The committee recommended that the European Parliament’s position in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:
Purpose and scope: ETIAS will allow for the possibility of assessing whether a third country national exempt from the requirement to be in possession of a visa when who intending to travel to the Schengen area poses an irregular migration risk, a threat to security or a high epidemic risk, before the person arrives at the external border at a border crossing point. For this purpose a travel authorisation and the conditions and procedures to issue or refuse it are introduced.
For reasons of legal clarity, it is specified that only air and sea carriers have to fulfil the requirements of the regulation. Carriers transporting groups overland by coach should be excluded given the heavy burden that would be put on these carriers. In addition, a proposed new recital states that in order to avoid unnecessary costs, carriers should be able to connect to ETIAS, EES and similar systems via a unique entry point.
ETIAS Central Unit: this will also be in charge of, inter alia: (i) defining and revising the specific risk indicators; (ii) recording the checks in the ETIAS Central System; (iii) indicating the Member State responsible for the manual processing of applications; (iv) notifying carriers as well as Member States’ authorities competent for carrying out border checks at external border crossing points in case of a failure of the ETIAS Information System; (v) processing requests for consultation of data in the ETIAS Central System by Europol; (vi) providing the general public with all relevant information in relation to the application for a travel authorisation; (vii) acting as a helpdesk providing support to travellers in case of problems encountered during the application process.
The ETIAS Central Unit shall publish an annual activity report to be submitted to the European Parliament, the Council and the Commission.
Central access points : Members proposed that Member States put in place specific central access points which verify whether the conditions for access by law enforcement authorities are fulfilled instead of the ETIAS national units taking this tasks.
The ETIAS Ethics Board : this independent Board will have an advisory and audit function. It will carry out regular audits on the processing of applications, including regularly assessing their impact on fundamental rights, in particular with regard to privacy, personal data protection and non-discrimination.
Fundamental rights : Members specified that 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, race, 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. The best interests of the child shall be a primary consideration.
Querying the Interpol databases : the ETIAS Central System shall verify the Interpol Stolen and Lost Travel Document database (SLTD) and the Interpol Travel Documents Associated with Notices database (Interpol TDAWN).
Access to data stored in the ETIAS: in order to improve border control, when an additional second line check is required at the border, the border guard may access the ETIAS Central System to obtain additional information.
Authorisation requests : travellers should receive more information about ETIAS in general and regarding their specific situation in particular. They should, for example, be notified before their ETIAS expires and also be allowed to apply for a new authorisation before the previous one expires. More information about appeal procedures should be given to ensure that the right of appeal might effectively be exercised.
The ETIAS should include a verification tool for applicants to track the progress of their applications and to check the period of validity and status of their travel authorisations.
A travel authorisation fee of EUR 10 shall be paid by the applicant for each application. This shall be waived for applicants including those aged under 18 and over 60, family members of Union citizens, students and researchers travelling for the purpose of carrying out scientific research.
A travel authorisation shall be valid for three years or until the end of validity of the travel document.
The applicant must inform the authorities whether he or she has ever been convicted of any serious criminal offence (such as terrorism, sexual exploitation of children, human or drugs trafficking or murder or rape) stays in specific conflict areas and prior administrative orders to leave a country, all within the last ten years.
The applicant could be invited to provide additional information , and exceptionally invited to an interview at any consulate of a Member State of the Union located in his country of residence. If entry is refused, he must be informed of the reasons as well as of his right to an effective remedy, including a legal remedy. An earlier refusal to authorise travel would not, in principle, lead to refusal of a new application.
Member State responsible : Members stated that the Member State responsible or the manual processing of applications shall be:
in the case of a hit from any of the checked systems, the Member State that entered the most recent alert resulting in a hit; in the case of a hit from the ETIAS watchlist, the Member State which provided the data for the watchlist; in all other cases, the Member State of first entry as declared by the applicant.
A Member State may request the ETIAS Central Unit to be the responsible Member State for reasons of national security.
In no case may the national ETIAS unit of the responsible Member State make a decision on the sole basis of a positive response based on the specific risk indicators.
The ETIAS national unit of the Member State responsible should carry out an individual risk assessment regarding irregular immigration, the threat to security and high epidemic risk.
Responsibilities and tasks regarding the ETIAS watchlist : before inserting data into the ETIAS watchlist, Europol shall carry out a thorough assessment of the reasons for the insertion and verify it is necessary and proportionate.
Europol shall put in place a procedure to review and verify regularly the accuracy and up-to-dateness of the data elements present in the ETIAS watchlist.
The European Data Protection Supervisor shall carry out a data protection audit of the ETIAS watchlist and submit a report to the European Parliament, to the Council and to the Commission.
Documents
2017/10/23
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2017/10/19
EP - Vote in committee, 1st reading
2017/10/19
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2017/10/04
EP - Amendments tabled in committee
Documents
2017/10/04
EP - Amendments tabled in committee
Documents
2017/10/04
EP - Amendments tabled in committee
Documents
2017/10/04
EP - Amendments tabled in committee
Documents
2017/10/03
EP - Committee draft report
Documents
2017/08/31
EP - Committee opinion
Documents
2017/08/23
EP - Committee opinion
Documents
2017/06/09
CSL - Council Meeting
2017/03/27
CSL - Debate in Council
Documents
2017/03/27
CSL - Council Meeting
2017/03/16
EP - MCALLISTER David (PPE) appointed as rapporteur in AFET
2017/03/14
PT_PARLIAMENT - Contribution
Documents
2017/03/13
CZ_SENATE - Contribution
Documents
2017/03/08
ES_PARLIAMENT - Contribution
Documents
2017/03/06
EDPS - Document attached to the procedure
Details
Opinion of the European Data Protection Supervisor (EDPS) on the proposal for a European Travel Information and Authorisation System (ETIAS).
Members recalled that according to the proposal, the system would require visa-exempt travellers to undergo a risk assessment with respect to security, irregular migration and public health risks prior to their arrival at the Schengen borders. This assessment would be carried out by means of cross-checking applicant’s data submitted through ETIAS against other EU information systems, a dedicated ETIAS watchlist and screening rules.
The EDPS considers that there is a need for conducting an assessment of the impact that the proposal will entail on the right to privacy and the right to data protection enshrined in the Charter of Fundamental Rights of the EU, which will take stock of all existing EU-level measures for migration and security objectives. The establishment of ETIAS would have a significant impact on the right to the protection of personal data, since various kinds of data, collected initially for very different purposes, will become accessible to a broader range of public authorities (i.e. immigration authorities, border guards, law enforcement authorities, etc.).
Moreover, the ETIAS proposal raises concerns regarding the process of determining the possible risks posed by the applicant. The EDPS understands that the legislator’s objective is to create a tool enabling the automatic singling out of visa-exempt third country nationals suspected of posing such risks. Nonetheless, profiling, as any other form of computerised data analysis applied to individuals, raises serious technical, legal and ethical questions.
Since the proposal establishes an additional system involving the processing of a significant amount of personal data of third country nationals for immigration and security objectives, the EDPS:
intends to include a definition of irregular migration risks and security risks in the Proposal to comply with the purpose limitation principle; recommends that the proposed ETIAS screening rules be subject to a prior comprehensive assessment of their impact on fundamental rights; calls for convincing evidence supporting the necessity of using profiling tools for the purposes of ETIAS; questions the relevance of collecting and processing health data ; calls for a better justification of the chosen data retention period and of the necessity of granting access to national law enforcement agencies and Europol.
In addition to the main concerns, the EDPS recommendations include, inter alia : (i) the necessity and proportionality of the set of data collected; (ii) the interoperability of ETIAS with other IT systems; (iii) the data subjects’ rights and provided remedies; (iv) the independent review of the conditions for access by law enforcement authorities; (v) the architecture and information security of the ETIAS; (vi) the statistics generated by the system.
Documents
2017/03/06
IT_SENATE - Contribution
Documents
2017/01/30
EP - GÁL Kinga (PPE) appointed as rapporteur in LIBE
2017/01/19
EP - Committee referral announced in Parliament, 1st reading
2016/11/24
EP - DEPREZ Gérard (ALDE) appointed as rapporteur in BUDG
2016/11/16
EC - Legislative proposal published
Details
PURPOSE: to establish a European Travel Information and Authorisation System (ETIAS) in order to improve external border management.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with Council.
BACKGROUND: in its in its Communication of September 2016 entitled 'Enhancing security in a world of mobility ’, the Commission confirmed the need to strike the right balance between ensuring mobility and enhancing security, while facilitating legal entry into the Schengen area without the need for a visa .
Today, around 1.4 billion people from around 60 countries worldwide can benefit from visa-free travel to the European Union. The number of visa-exempt third country nationals to the Schengen countries will continue to grow, with an expected increase of over 30% in the number of visa exempt third country nationals crossing the Schengen borders by 2020, from 30 million in 2014 to 39 million in 2020. These figures demonstrate the need to put in place a system that is able to achieve objectives similar to the visa regime, namely to assess and manage the potential irregular migration and security risks represented by third country nationals visiting the EU, yet in a lighter and more visitor-friendly way, in line with the objectives of the EU's visa liberalisation policy.
IMPACT ASSESSMENT: the ETIAS legal proposal is based on the results of the feasibility study conducted from June till October 2016.
CONTENT: the draft regulation proposes the establishment of the European Travel Information and Authorisation System (ETIAS), which will be an EU system for visa-exempt third country nationals when crossing the external borders, and allow determination of whether the presence of such persons on the territory of the Member States would pose an irregular migration, security or public health risk.
For this purpose a travel authorisation would be introduced as a new condition for entering the Schengen area and the absence of a valid ETIAS travel authorisation would result in a refusal of entry into the Schengen area. Moreover, where applicable, carriers would have to check that their passengers have a valid ETIAS travel authorisation before allowing them to board their transportation means bound to a Schengen country.
Prior to the intended travel, the applicant will create an on-line application , via a dedicated website or the mobile application.
Functions : the key functions of ETIAS will be to:
verify the information submitted by visa-exempt third country nationals (such as information related to identity, travel document, residence information, contact details etc.), via an online application ahead of their travel to the EU's external borders, to assess if they pose a risk for irregular migration, security or public health; automatically process each application submitted via the website or mobile application against other EU information systems (such as SIS, VIS, Europol's database, Interpol's database, the EES, Eurodac, ECRIS), a dedicated ETIAS watch list (established by Europol) and targeted, proportionate and clearly defined screening rules to determine if there are factual indications or reasonable grounds to issue or refuse a travel authorisation; issue travel authorisations. In cases where no hits or elements requiring further analysis are identified, the travel authorisation is issued automatically within minutes after the application has been submitted. The authorisation will be valid for a period of five years and for multiple entry. An application fee of EUR 5 will apply to all applicants above the age of 18.
Scope : ETIAS will apply to visa-exempt third country nationals. The following shall be excluded from the scope: holders of long-stay visas, holders of a local border traffic permits, citizens of the micro-states in the Schengen area, holders of diplomatic passports and crew members of ships or aircraft while on duty.
Management of the system : the ETIAS will be managed by the European Border and Coast Guard in close cooperation with the competent authorities of the Member States and Europol. The Agency eu-LISA will develop and provide technical management of this information system. The final decision on allowing entry into the Schengen Area will still rest with the border guards at the external border in line with the Schengen Border Code .
Participation : the proposed Regulation constitutes a development of the Schengen acquis; therefore, the United Kingdom and Ireland do not participate in the adoption of the Regulation and are not bound by it or subject to its application.
Denmark shall decide within six months of the Council’s decision on this Regulation whether to transpose it into national law or not.
BUDGETARY IMPLICATIONS: the amount needed has been assessed as EUR 212.1 million. During the development phase (2018-2020), the Commission will spend a total amount of EUR 4.2 million (via shared management) for the expenses related to operations in Member States.
From 2020, when the new system will be operational, future operational costs in Member States could be supported by their national programmes in the framework of shared management.
From the same year, the ETIAS System will generate fee revenue , which will be treated as external assigned revenue. Based on the current estimates of the number of applications, the fee revenue will more than cover the direct development and running cost of the ETIAS. In turn, this will allow the financing of related expenditure in the field of Smart Borders.
DELEGATED ACTS: in order to establish the technical measures needed for the application of the Regulation, the Commission will have the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the EU.
Documents
Documents
- Final act published in Official Journal: Regulation 2018/1240
- Final act published in Official Journal: OJ L 236 19.09.2018, p. 0001
- Final act published in Official Journal: Corrigendum to final act 32018R1240R(03)
- Final act published in Official Journal: OJ L 193 17.06.2020, p. 0016
- Commission response to text adopted in plenary: SP(2018)547
- Draft final act: 00021/2018/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0307/2018
- Debate in Parliament: Debate in Parliament
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2018)003214
- Text agreed during interinstitutional negotiations: PE622.103
- Approval in committee of the text agreed at 2nd reading interinstitutional negotiations: PE622.103
- Approval in committee of the text agreed at 2nd reading interinstitutional negotiations: GEDA/A/(2018)003214
- Committee report tabled for plenary, 1st reading: A8-0322/2017
- Amendments tabled in committee: PE609.321
- Amendments tabled in committee: PE609.322
- Amendments tabled in committee: PE609.323
- Amendments tabled in committee: PE609.365
- Committee draft report: PE605.985
- Committee opinion: PE606.223
- Committee opinion: PE604.668
- Debate in Council: 3528
- Contribution: COM(2016)0731
- Contribution: COM(2016)0731
- Contribution: COM(2016)0731
- Document attached to the procedure: N8-0027/2017
- Document attached to the procedure: OJ C 162 23.05.2017, p. 0009
- Contribution: COM(2016)0731
- Legislative proposal published: COM(2016)0731
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: N8-0027/2017 OJ C 162 23.05.2017, p. 0009
- Committee opinion: PE604.668
- Committee opinion: PE606.223
- Committee draft report: PE605.985
- Amendments tabled in committee: PE609.321
- Amendments tabled in committee: PE609.322
- Amendments tabled in committee: PE609.323
- Amendments tabled in committee: PE609.365
- Text agreed during interinstitutional negotiations: PE622.103
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2018)003214
- Commission response to text adopted in plenary: SP(2018)547
- Draft final act: 00021/2018/LEX
- Contribution: COM(2016)0731
- Contribution: COM(2016)0731
- Contribution: COM(2016)0731
- Contribution: COM(2016)0731
Activities
Votes
A8-0322/2017 - Kinga Gál - Am 363 05/07/2018 12:17:13.000 #
2018/07/05 Outcome: +: 494, -: 115, 0: 30
EFDD
NI
GUE/NGL| Amendments | Dossier |
| 947 |
2016/0357A(COD)
2017/10/04
LIBE
947 amendments...
Amendment 1001 #
Proposal for a regulation 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 1002 #
Proposal for a regulation Article 61 – paragraph 1 – point c a (new) (ca) the fact that a travel authorisation is linked to the travel document indicated in the application form and that consequently the expiry and any modification of the travel document result in the invalidity or non-recognition of the travel authorisation when crossing the border;
Amendment 1003 #
Proposal for a regulation Article 61 – paragraph 1 – point d (d) that decisions on applications must be notified to the applicant, that such decisions must state, where relevant, the reasons for refusal on which they are based and that applicants whose applications are refused have a right to app
Amendment 1004 #
Proposal for a regulation 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 1005 #
Proposal for a regulation Article 61 – paragraph 1 – point d (d) that decisions on applications must be notified to the applicant, that such decisions must state
Amendment 1006 #
Proposal for a regulation Article 61 – paragraph 1 – point d a (new) (da) that a travel authorisation with limited territorial validity may be issued exceptionally, where a Member State considers it necessary on humanitarian grounds, for reasons of national interest or because of international obligations, notwithstanding the fact that the assessment process is not yet completed or that a travel authorisation has been refused, annulled or revoked.
Amendment 1007 #
Proposal for a regulation Article 61 – paragraph 1 – point d a (new) (da) that holders of a travel authorisation are obliged to keep the data provided in the application up-to- date;
Amendment 1008 #
Proposal for a regulation Article 62 – paragraph 1 The Commission shall, in cooperation with the ETIAS Central Unit, and the Member States, accompany the start of the ETIAS
Amendment 1009 #
Proposal for a regulation Article 63 – paragraph 1 a (new) 1a. eu-LISA must base the design, creation and development of the system's physical architecture, including its Communication Infrastructure, as well as technical specifications and their evolution with regard to the Central System, the Uniform Interfaces, and Communication Infrastructure, on the principles of ‘purpose limitation’ and ‘respect of privacy and data protection from the design stage’. It must furthermore ensure that the use of the ETIAS by all users complies with data protection provisions.
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 1011 #
Proposal for a regulation Article 63 – paragraph 2 2. The infrastructures supporting the public website, the mobile app and the carrier gateway shall be hosted in eu-LISA'
Amendment 1012 #
Proposal for a regulation Article 63 – paragraph 3 – subparagraph 1 Amendment 1013 #
Proposal for a regulation Article 63 – paragraph 3 – subparagraph 1 eu-LISA shall be responsible for the technical development of the ETIAS Information System
Amendment 1014 #
Proposal for a regulation Article 63 – paragraph 3 – subparagraph 2 Amendment 1015 #
Proposal for a regulation 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 reviewed and in, case of a favourable result, adopted by the Management Board, subject to a favourable opinion of the Commission and the EDPS. eu-LISA shall also implement any necessary adaptations to the EES,
Amendment 1016 #
Proposal for a regulation 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.
Amendment 1017 #
Proposal for a regulation 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
Amendment 1018 #
Proposal for a regulation 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
Amendment 1019 #
Proposal for a regulation Article 63 – paragraph 3 – subparagraph 2 eu-LISA shall define the design of the
Amendment 1020 #
Proposal for a regulation Article 63 – paragraph 3 – subparagraph 3 eu-LISA shall develop and implement the Central System, the National Uniform Interfaces, and the Communication Infrastructure as soon as possible after the entry into force of this Regulation and the adoption by the Commission of the measures provided for in Article 15(2) and (4), Article 16(4),
Amendment 1021 #
Proposal for a regulation 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 1022 #
Proposal for a regulation Article 63 – paragraph 4 4. During the designing and development phase, a Programme Management Board composed of a maximum of 10 members shall be established. It shall be composed of six members appointed by eu-LISA’s Management Board from among its members or its alternates, the Chair of the ETIAS-EES Advisory Group referred to in Article 80, a member representing eu-LISA appointed by its Executive Director, a member representing the European Border and Coast Guard Agency appointed by its Executive Director, a member of the EDPS and one member appointed by the Commission. The members appointed by eu-LISA's Management Board shall be elected only from those Member States which are fully bound under Union law by the legislative instruments governing the development, establishment operation and use of all the large-scale IT systems managed by eu-
Amendment 1023 #
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
Amendment 1024 #
Proposal for a regulation Article 65 – paragraph 1 Amendment 1025 #
Proposal for a regulation Article 65 – paragraph 2 a (new) 2a. It shall be ensured that the European Coast and Border Guard Agency is equipped with the appropriate funding and staffing to exercise the responsibilities referred to in Article 65 (1) (a) to (c) and (2).
Amendment 1026 #
Proposal for a regulation Article 66 – paragraph 1 – point b (b) the organisation, management, operation and maintenance of the ETIAS National Units
Amendment 1027 #
Proposal for a regulation Article 67 Amendment 1028 #
Proposal for a regulation Article 67 – paragraph 1 1. Europol shall ensure processing of the queries referred to in Article 18(2)(j)
Amendment 1029 #
Proposal for a regulation Article 67 – paragraph 1 1. Europol shall ensure processing of the queries referred to in Article 18(2)(j) and (4) and accordingly adapting its information systems.
Amendment 1030 #
Proposal for a regulation Article 67 – paragraph 2 Amendment 1031 #
Proposal for a regulation Article 67 – paragraph 3 3. Europol shall be responsible for providing an opinion following a consultation request pursuant to Article 2
Amendment 1032 #
Proposal for a regulation Article 67 – paragraph 3 3. Europol shall be responsible for providing an opinion following a consultation request pursuant to Article 2
Amendment 1033 #
Proposal for a regulation Article 67 – paragraph 3 a (new) 3a. It shall be ensured that the Europol is equipped with the appropriate funding and staffing to exercise the responsibilities referred to in Article 67 (1) to (3).
Amendment 1034 #
Proposal for a regulation Article 71 a (new) Regulation (EC) 539/2001 Article 1d (new) Article 71 a Amendments to Regulation (EC) No 539/2001 Regulation (EC) No 539/2001 is amended as follows: The following Article is inserted: 'Article 1d (new) By way of derogation from Article 1(2), the exemption from the visa requirement for nationals of a third country listed in Annex II shall not apply for applicants who have been refused a travel authorisation in accordance with Article 31 of Regulation XX [to be inserted]´
Amendment 1035 #
Proposal for a regulation Article 72 – paragraph 1 1. For a period of
Amendment 1036 #
Proposal for a regulation Article 72 – paragraph 2 2. During this
Amendment 1037 #
Proposal for a regulation 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
Amendment 1041 #
Proposal for a regulation Article 73 – paragraph 1 – point e Amendment 1042 #
Proposal for a regulation Article 73 – paragraph 1 – point e Amendment 1043 #
Proposal for a regulation Article 73 – paragraph 1 – point e Amendment 1044 #
Proposal for a regulation Article 73 – paragraph 1 – point g Amendment 1045 #
Proposal for a regulation Article 73 – paragraph 2 Amendment 1046 #
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
Amendment 1047 #
Proposal for a regulation 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
Amendment 1048 #
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
Amendment 1049 #
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 i
Amendment 1050 #
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
Amendment 1051 #
Proposal for a regulation Article 73 – paragraph 2 – subparagraph 2 Amendment 1052 #
Proposal for a regulation Article 73 – paragraph 2 – subparagraph 2 a (new) The data collected in this central repository must be processed in accordance with all the provisions of Chapter XI.
Amendment 1053 #
Proposal for a regulation Article 73 – paragraph 4 4. Every quarter, eu-LISA shall publish statistics on the ETIAS Information System showing in particular the number and nationality of applicants whose travel authorisation was granted or refused, including the grounds for refusal, and of third country nationals whose travel authorisation were annulled or revoked.
Amendment 1054 #
Proposal for a regulation Article 73 – paragraph 6 6.
Amendment 1055 #
Proposal for a regulation Article 74 – paragraph 1 The costs incurred in connection with the development of the ETIAS Information System, the integration of the existing national border infrastructure and the connection to the National Uniform Interface as well as by hosting the National Uniform Interface, the set-up of the ETIAS
Amendment 1056 #
Proposal for a regulation Article 74 – paragraph 1 a (new) Member States shall receive financial support for expenses incurred by additional responsibilities as referred to Article 66. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to define this financial support.
Amendment 1057 #
Proposal for a regulation Article 74 – paragraph 2 Amendment 1058 #
Proposal for a regulation Article 75 Amendment 1059 #
Proposal for a regulation Article 75 Amendment 1060 #
Proposal for a regulation Article 75 – paragraph 1 The revenues generated by the ETIAS shall constitute external assigned revenue in accordance with Article 21(4) of Regulation (EU, EURATOM) No 966/2012. Any revenue remaining after covering the cost of the development of the ETIAS and the recurring costs of its operation and maintenance shall be assigned to cover expenditure incurred under programmes and actions in Chapter 18 02 (internal security) of the Union budget or, from 2021, under the succeeding programmes or actions.
Amendment 1061 #
Proposal for a regulation Article 75 – paragraph 1 The revenues generated by the ETIAS shall constitute external assigned revenue in accordance with Article 21(4) of Regulation (EU, EURATOM) No 966/2012. Where revenues generated by the ETIAS exceed the costs of the ETIAS, that surplus amount shall be re-allocated to the fund to be established for the protection of European critical infrastructures that have been identified or designated as European critical infrastructures under the Council Directive 2008/114/EC.
Amendment 1062 #
Proposal for a regulation Article 75 – paragraph 1 The revenues generated by the ETIAS shall constitute
Amendment 1063 #
Proposal for a regulation Article 76 – paragraph 3 Amendment 1064 #
Proposal for a regulation Article 77 – paragraph 1 – introductory part 1. The Commission and the European Parliament shall determine the date from which the ETIAS is to start operations, after the following conditions are met:
Amendment 1065 #
Proposal for a regulation Article 77 – paragraph 1 – point a (a) the measures referred to in Article 15(3) and (4), Article 16(4),
Amendment 1066 #
Proposal for a regulation Article 77 – paragraph 1 – point d (d) the Member States and the ETIAS Central Unit have notified to the Commission the data concerning the various authorities referred to in Article 76(1)
Amendment 1067 #
Proposal for a regulation Article 78 – paragraph 2 2. The power to adopt delegated acts referred to in Article 15(
Amendment 1068 #
Proposal for a regulation Article 78 – paragraph 2 2. The power to adopt delegated acts referred to in Article 15(3) and (4), Article 16(4),
Amendment 1069 #
Proposal for a regulation Article 78 – paragraph 2 2. The power to adopt delegated acts referred to in Article 13 (2) (a), Article 15(3) and (4), Article 16(4), Article 28(3) and Article 72(1) and (5) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Regulation].
Amendment 1070 #
Proposal for a regulation Article 78 – paragraph 3 3. The delegation of power referred to in Article 15(
Amendment 1071 #
Proposal for a regulation Article 78 – paragraph 3 3. The delegation of power referred to in Article 15(3) and (4), Article 16(4),
Amendment 1072 #
Proposal for a regulation Article 78 – paragraph 5 5. A delegated act adopted pursuant to Article 15(
Amendment 1073 #
Proposal for a regulation Article 78 – paragraph 5 5. A delegated act adopted pursuant to Article 15(2) and (4), Article 16(4),
Amendment 1074 #
Proposal for a regulation Article 78 – paragraph 5 5. A delegated act adopted pursuant to Article 15(2) and (4), Article 16(4), Article 28(3)
Amendment 1075 #
Proposal for a regulation 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,
Amendment 1076 #
Proposal for a regulation Article 81 – paragraph 2 2. By [Six months after the entry into force of this Regulation – OPOCE, please
Amendment 1077 #
Proposal for a regulation Article 81 – paragraph 3 a (new) 3a. No later than one year after the entry into service of ETIAS, the Commission shall assess the desirability of establishing secure access for rail carriers enabling them to send a query to the ETIAS Central System to verify, in accordance with Article 39 (1) (2), that third-country nationals subject to the travel authorisation requirement are in possession of a valid travel authorisation.
Amendment 1078 #
Proposal for a regulation Article 81 – paragraph 5 – subparagraph 1 – introductory part Amendment 1079 #
Proposal for a regulation Article 81 – paragraph 5 – subparagraph 1 – introductory part T
Amendment 1080 #
Proposal for a regulation Article 81 – paragraph 5 – subparagraph 1 – point b (b) the impact, effectiveness and efficiency of the ETIAS performance, including the ETIAS Central Unit and ETIAS National Units, and its working practices in relation to its objectives, mandate and tasks;
Amendment 1081 #
Proposal for a regulation Article 81 – paragraph 5 – subparagraph 1 – point c Amendment 1082 #
Proposal for a regulation Article 81 – paragraph 5 – subparagraph 1 – point c (c) the rules of the automated application processor used for the purpose of risk assessment and their implications for fundamental rights;
Amendment 1083 #
Proposal for a regulation Article 81 – paragraph 5 – subparagraph 1 – point c a (new) (ca) the ETIAS watchlist, as defined in Article 29, and its implications for fundamental rights;
Amendment 1084 #
Proposal for a regulation Article 81 – paragraph 5 – subparagraph 1 – point f (f) the impact on fundamental rights, in particular the protection of personal data and non-discrimination.
Amendment 1085 #
Proposal for a regulation Article 81 – paragraph 5 – subparagraph 1 – point f a (new) (fa) generated revenues of the EU and expenditures incurred by the EU bodies as well as Member States.
Amendment 1086 #
Proposal for a regulation Article 81 – paragraph 5 – subparagraph 1 a (new) One year after the entry into service of ETIAS and every two years thereafter, the European Data Protection Supervisor shall submit to the European Parliament, the Council and the Commission a report assessing the impact, effectiveness and efficiency of the ETIAS watchlist in respect of data protection.
Amendment 1087 #
Proposal for a regulation Article 81 – paragraph 8 Amendment 1088 #
Proposal for a regulation Article 81 – paragraph 8 – subparagraph 1 – point b Amendment 1089 #
Proposal for a regulation Article 81 – paragraph 8 – subparagraph 1 – point e a (new) Amendment 1090 #
Proposal for a regulation 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 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.
Amendment 148 #
Draft legislative resolution Citation 4 a (new) - having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data,
Amendment 149 #
Draft legislative resolution Citation 4 b (new) - having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data, and in particular Articles 28(2), 41(2) and 46(d) thereof,
Amendment 150 #
- having regard to the opinion of the European Data Protection Supervisor on the second set of ‘Smart Borders’ measures of the European Union (Opinion 06/2016),
Amendment 151 #
Draft legislative resolution Citation 5 b (new) - having regard to the opinion of the European Data Protection Supervisor on the proposal for a regulation establishing a European Travel Information and Authorisation System (ETIAS) (Opinion 3/2017),
Amendment 152 #
Draft legislative resolution Citation 5 c (new) - having regard to the letter of the ‘Article 29 Data Protection Working Party’ of 10 April 2017 and the Appendix thereto,
Amendment 153 #
Draft legislative resolution Citation 5 d (new) - having regard to the opinion of the European Union Agency for Fundamental Rights on ‘The impact on fundamental rights of the proposed Regulation on the European Travel Information and Authorisation System (ETIAS)’ (FRA Opinion 2/2017),
Amendment 154 #
Draft legislative resolution Citation 5 e (new) - having regard to the ‘Survey in the framework of the eu-LISA Smart Borders pilot project’ by the European Union Agency for Fundamental Rights,
Amendment 155 #
Draft legislative resolution Citation 5 f (new) - having regard to the Charter of Fundamental Rights of the European Union of 7 December 2000 (‘the Charter’), which was proclaimed on 12 December 2007 in Strasbourg and entered into force with the Treaty of Lisbon in December 2009,
Amendment 156 #
Draft legislative resolution Citation 5 g (new) - having regard to the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948,
Amendment 157 #
Draft legislative resolution Citation 5 h (new) - having regard to the 1951 UN Convention on the Status of Refugees (Geneva Convention) and its Protocol of 31 January 1967,
Amendment 158 #
Draft legislative resolution Citation 5 i (new) - in view of the lack of any analysis of the impact in general and on fundamental rights, privacy and data protection in particular, in accordance with either the Interinstitutional Agreement of 13 April 2016 on Better Law-Making or the European Commission’s Better Regulation Guidelines;
Amendment 159 #
Proposal for a regulation Citation 1 Having regard to the Treaty of the Functioning of the European Union, and in particular, Article 77(2)(a), (b) and (d), Article 87(2)(a) and Article 88(2)(a) thereof,
Amendment 160 #
Proposal for a regulation Recital 1 (1) The Communication of the Commission of 6 April 2016 entitled 'Stronger and Smarter Information Systems for Borders and Security'20 outlined the need for the EU to strengthen and improve its IT systems, data architecture and information exchange in the area of border management, law enforcement and counter-terrorism through the implementation of consistent cyber security policies to ensure the more effective utilisation and protection of all information and data. It emphasises the need to improve the interoperability of information systems. Importantly, it sets
Amendment 161 #
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, aggravating security risks and thereby necessitating prior verification in order to identify potential threats. 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 162 #
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
Amendment 163 #
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
Amendment 164 #
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
Amendment 165 #
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 i
Amendment 166 #
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
Amendment 167 #
Proposal for a regulation Recital 3 (3) The Communication of 14 September 2016 'Enhancing security in a world of mobility: improved information exchange in the fight against terrorism and stronger external borders' 21 confirms the priority of securing external borders and presents concrete initiatives to accelerate and broaden the EU response in continuing to strengthen the management of external borders to improve freedom of movement in the EU while making it as safe as possible. _________________ 21 COM(2016) 602 final.
Amendment 168 #
Proposal for a regulation Recital 4 (4) It is necessary to specify the objectives of the European Travel Information and Authorisation System (ETIAS), to define its technical architecture, to set up the ETIAS Central Unit, the ETIAS National Units and the ETIAS Screening Board, to lay down rules concerning the operation and the use of the data to be entered into the system by the applicant, to establish rules on the issuing or refusal of the travel authorisations, to lay down the purposes for which the data are to be processed, to identify the authorities authorised to access the data and t
Amendment 169 #
Proposal for a regulation Recital 4 (4) It is necessary to specify and provide information regarding the objectives of the European Travel Information and Authorisation System (ETIAS), to define its technical architecture, to set up the ETIAS Central Unit, the ETIAS National Units and the ETIAS Screening Board, to lay down rules
Amendment 170 #
Proposal for a regulation Recital 4 (4) It is necessary to specify the objectives of the European Travel Information and Authorisation System (ETIAS), to define its technical architecture, to set up the ETIAS Central Unit, the ETIAS National Units and the ETIAS
Amendment 171 #
Proposal for a regulation Recital 5 (5) The ETIAS should apply to third country nationals who are exempt from the requirement of being in possession of a visa when crossing the external borders, whatever their situation, with strict respect for human rights, international law and in accordance with the principles of necessity, proportionality and specific purpose.
Amendment 172 #
Proposal for a regulation Recital 5 (5) The ETIAS should apply to third country nationals who are exempt from the requirement of being in possession of a visa when crossing the external borders, except visa-exempt nationals of the candidate and potential candidate countries for membership in the European Union.
Amendment 173 #
Proposal for a regulation Recital 5 (5) The ETIAS should apply to third country nationals who are exempt from the visa requirement
Amendment 174 #
Proposal for a regulation 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. _________________
Amendment 175 #
Proposal for a regulation Recital 7 (7) As confirmed by the Court of Justice of the European Union23, such family members have the right to enter the territory of the Member State and to obtain an entry visa for that purpose. Consequently, also family members exempted from the visa obligation should have the right to obtain a travel authorisation. Member States should, only after prior verification, grant such persons every facility to obtain the necessary travel authorisation, which must be issued free of charge. _________________ 23 Judgment of the Court of 31 January 2006 in case C-503/03 Commission v Spain (Rec. 2006, p. I-1097).
Amendment 176 #
Proposal for a regulation Recital 8 (8) The right to obtain a travel authorisation is not unconditional
Amendment 177 #
Proposal for a regulation Recital 8 (8) The right to obtain a travel authorisation is not unconditional as it can be denied to those family members who represent a risk to public policy, public security or public health pursuant to Directive 2004/38/EC. Against this background, family members can be required to provide their personal data
Amendment 178 #
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
Amendment 179 #
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
Amendment 180 #
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 an 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, which may be refused if justified by the circumstances.
Amendment 181 #
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
Amendment 182 #
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 an i
Amendment 183 #
Proposal for a regulation Recital 9 (9) The ETIAS should establish a travel authorisation for third country nationals exempt from the visa requirement
Amendment 184 #
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
Amendment 185 #
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 an irregular migration
Amendment 186 #
Proposal for a regulation Recital 10 Amendment 187 #
Proposal for a regulation Recital 10 Amendment 188 #
Proposal for a regulation Recital 10 (10) The ETIAS should contribute to a high level of security, to the prevention of irregular migration, to efficient measures to ensure the safety of EU citizens and to the protection of public health by providing an assessment
Amendment 189 #
Proposal for a regulation Recital 10 (10) The ETIAS should contribute to a high level of security
Amendment 190 #
Proposal for a regulation Recital 10 (10) The ETIAS should contribute to a high level of security
Amendment 191 #
Proposal for a regulation Recital 10 (10) The ETIAS should contribute to a high level of security
Amendment 192 #
Proposal for a regulation Recital 10 (10) The ETIAS should contribute to a high level of security, to the prevention of i
Amendment 193 #
Proposal for a regulation Recital 11 (11) ETIAS should contribute to the facilitation of border checks performed by border guards at the external borders crossing points and ensure a coordinated and harmonised assessment of third country nationals subject to the travel authorisation requirement intending at visiting the Schengen area. In addition it should enable to better inform applicants of their eligibility to visit the Schengen area. Moreover, the ETIAS should also contribute to the facilitation of border checks by reducing the number of refusals of entry at the external borders and in certain cases, by enabling border guards to access additional information relevant for second-line checks.
Amendment 194 #
Proposal for a regulation Recital 11 (11) ETIAS should contribute to the facilitation of border checks performed by border guards
Amendment 195 #
Proposal for a regulation Recital 11 (11) ETIAS should contribute to the facilitation of border checks performed by border guards at the external borders crossing points and ensure a coordinated and harmonised assessment of third country nationals subject to the travel authorisation requirement intending at visiting the
Amendment 196 #
Proposal for a regulation Recital 12 (12) The ETIAS should also 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, on persons sought to assist with a judicial procedure and on persons for discreet checks or specific checks. For this purpose the ETIAS should
Amendment 197 #
Proposal for a regulation Recital 12 (12) The ETIAS should also support the objectives of the Schengen Information System (SIS) related to the alerts for the purpose of refusing entry, the alerts in respect of persons wanted for arrest or for surrender or extradition purposes, on missing persons, on persons sought to assist with a judicial procedure and on persons for discreet checks, inquiry checks or specific checks. For this purpose the ETIAS should carry out an automated processing of the application files against the relevant alerts in the SIS. This processing will be carried for the purpose of supporting the SIS. Accordingly, any hit resulting from this comparison should be stored in the SIS.
Amendment 198 #
Proposal for a regulation Recital 12 (12) The ETIAS should also support the objectives of the Schengen Information System (SIS) related to the alerts in respect of
Amendment 199 #
Proposal for a regulation Recital 14 (14) The
Amendment 200 #
Proposal for a regulation Recital 14 (14) The ETIAS Central Unit should be part of the European Border and Coast Guard Agency. The ETIAS Central Unit should be responsible for verifying travel authorisations' applications
Amendment 201 #
Proposal for a regulation Recital 14 (14) The ETIAS Central Unit should be part of the European Border and Coast Guard Agency. The ETIAS Central Unit should be responsible for verifying travel authorisations' applications rejected from the automated process in order to determine whether the applicant personal
Amendment 202 #
Proposal for a regulation Recital 15 (15) Each Member State should establish an ETIAS National Unit mainly responsible for the examination and decision on whether to issue
Amendment 203 #
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,
Amendment 204 #
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,
Amendment 205 #
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. In addition, provision should be made for medical examinations at border crossing points in order to detect any public health risk arising from diseases carried by third country nationals having previously declared themselves to be in good health.
Amendment 206 #
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,
Amendment 207 #
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 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 208 #
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
Amendment 209 #
Proposal for a regulation Recital 18 Amendment 210 #
Proposal for a regulation Recital 18 Amendment 211 #
Proposal for a regulation Recital 18 (18) In order to finalise the application, all applicants above the age of 18 should be required to pay a fee. Certain categories of applicants, such as students, researchers and young representatives of NGOs, should be exempt from paying such 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 212 #
(18) In order to finalise the application, all applicants above the age of 1
Amendment 213 #
Proposal for a regulation Recital 18 (18) In order to finalise the application, all applicants above the age of 1
Amendment 214 #
(19)
Amendment 215 #
Proposal for a regulation Recital 19 (19) Most of the travel authorisations should be issued within minutes, however a reduced number could take
Amendment 216 #
Proposal for a regulation 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
Amendment 217 #
Proposal for a regulation Recital 19 (19) Most of the travel authorisations should be issued within minutes, however a reduced number could take up to
Amendment 218 #
Proposal for a regulation Recital 19 a (new) (19a) It shall be possible in all cases to apply at any time and at any kind of external border of the European Union.
Amendment 219 #
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
Amendment 220 #
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) 2016/399
Amendment 221 #
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
Amendment 222 #
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
Amendment 223 #
Proposal for a regulation Recital 21 (21) The assess
Amendment 224 #
Proposal for a regulation Recital 21 (21) The assessment 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),
Amendment 225 #
Proposal for a regulation Recital 21 (21) The assess
Amendment 226 #
Proposal for a regulation Recital 22 (22) The comparison should take place by automated means. Whenever such comparison reveals that a correspondence (a 'hit') exists with any of the personal data or combination thereof in the applications and a record, file or alert in the above
Amendment 227 #
Proposal for a regulation Recital 22 (22) The comparison should take place by automated means. Whenever such comparison reveals that a correspondence (a 'hit') exists with any of the personal data or combination thereof in the applications and a record, file or alert in the above information systems,
Amendment 228 #
Proposal for a regulation Recital 22 (22) The comparison should take place by automated means. Whenever such comparison reveals that a correspondence (a 'hit') exists with any of the personal data or combination thereof in the applications and a record, file or alert in the above information systems, or with personal data in the ETIAS watchlist, or with risk indicators, the application should be processed manually by an operator in the ETIAS National Unit of the responsible Member State
Amendment 229 #
Proposal for a regulation 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 230 #
Proposal for a regulation Recital 24 Amendment 231 #
Proposal for a regulation Recital 24 (24) Applicants who have been refused a travel authorisation should have
Amendment 232 #
Proposal for a regulation Recital 24 (24) Applicants who have been refused a travel authorisation should have the right to a
Amendment 233 #
Proposal for a regulation Recital 24 (24) Applicants who have been refused a travel authorisation should have the right to appeal
Amendment 234 #
Proposal for a regulation Recital 25 Amendment 235 #
Proposal for a regulation Recital 25 Amendment 236 #
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 an applicant's race or ethnic origin, political opinions,
Amendment 237 #
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
Amendment 238 #
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
Amendment 239 #
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, i
Amendment 240 #
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
Amendment 241 #
Proposal for a regulation Recital 26 Amendment 242 #
Proposal for a regulation Recital 26 Amendment 243 #
Proposal for a regulation 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
Amendment 244 #
Proposal for a regulation 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
Amendment 245 #
Proposal for a regulation Recital 27 Amendment 246 #
Proposal for a regulation Recital 27 (27) The continuous emergence of new forms of security
Amendment 247 #
Proposal for a regulation Recital 27 (27) The continuous emergence of new forms of security
Amendment 248 #
Proposal for a regulation Recital 27 (27) The continuous emergence of new forms of security threats, new patterns of i
Amendment 249 #
Proposal for a regulation Recital 27 (27) The continuous emergence of new forms of security threats
Amendment 250 #
Proposal for a regulation Recital 27 (27) The continuous emergence of new forms of security threats, new patterns of irregular migration
Amendment 251 #
Proposal for a regulation Recital 28 (28) Personal data in ETIAS should therefore be kept secure in full compliance with Articles 7 and 8 of the Charter of Fundamental Rights of the European Union and Article 8 of the Universal Declaration of Human Rights; access to it should be limited to strictly authorised personnel
Amendment 252 #
Proposal for a regulation Recital 29 (29) Issued travel authorisations should be annulled or revoked as soon as it becomes evident that the conditions for issuing it were not or are no longer met. In particular, when a new SIS alert is created for a refusal of entry or for a reported lost or stolen travel document, the SIS should inform the ETIAS which should verify whether this new alert corresponds to a valid travel authorisation. In such a case, the ETIAS National Unit of the Member State having created the alert should be immediately informed and revoke the travel authorisation.
Amendment 253 #
Proposal for a regulation Recital 29 (29) Issued travel authorisations should be reviewed and where applicable annulled or revoked as soon as it may become
Amendment 254 #
Proposal for a regulation Recital 29 (29) Issued travel authorisations should be annulled or revoked as soon as it becomes evident that the conditions for issuing it were not or are no longer met. In particular, when a new SIS alert is created for a refusal of entry or for a reported lost or stolen travel document, the SIS should inform the ETIAS which should verify whether this new alert corresponds to a valid travel authorisation. In such a case, the ETIAS National Unit of the Member State having created the alert should be immediately informed and, unless there are exceptional circumstances relating to the national security of a Member State, revoke the travel authorisation. Following a similar approach, new elements introduced in the ETIAS watchlist shall be compared with the application files stored in the ETIAS in order to verify whether this new element
Amendment 255 #
Proposal for a regulation 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
Amendment 256 #
Proposal for a regulation Recital 29 (29) Issued travel authorisations should be annulled or revoked as soon as it becomes evident that the conditions for issuing it were not or are no longer met. In particular, when a new SIS alert is created for a refusal of entry or for a reported lost or stolen travel document, the SIS should inform the ETIAS which should verify whether this new alert corresponds to a valid travel authorisation. In such a case, the ETIAS National Unit of the Member State having created the alert should be immediately informed and 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 responsible Member State
Amendment 257 #
Proposal for a regulation Recital 30 (30) When, in exceptional cir
Amendment 258 #
Proposal for a regulation Recital 30 (30) When, in exceptional circumstances, a Member State considers necessary to allow a third country national to travel to its territory on humanitarian grounds in accordance with international law, for reasons of national interest or because of international obligations, it should have the possibility to issue a travel
Amendment 259 #
Proposal for a regulation Recital 30 (30) When, in exceptional circumstances,
Amendment 260 #
Proposal for a regulation Recital 30 (30) When, in exceptional cir
Amendment 261 #
Proposal for a regulation Recital 31 (31) Prior to boarding, air and sea carriers, as well as carriers transporting groups overland by coach should have the obligation to verify if travellers have all the travel documents required for entering the territory of the Member States pursuant to the Schengen Convention25. This should include verifying that travellers are in possession of a valid travel authorisation and in the case of a travel authorisation with limited territorial validity, verify the territory or territories to which the applicant is authorised to travel. The ETIAS file itself should not be accessible to carriers.
Amendment 262 #
Proposal for a regulation 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
Amendment 263 #
Proposal for a regulation Recital 31 (31) Prior to boarding, air and sea carriers, as well as carriers transporting groups overland by coach should have the obligation to verify
Amendment 264 #
Proposal for a regulation Recital 31 (31) Prior to boarding, air
Amendment 265 #
Proposal for a regulation Recital 32 (32) In order to comply with the revised conditions for entry, border guards should check whether the traveller is in possession of a valid travel authorisation. Therefore, during the standard border control process, the border guard should electronically read the travel document data. This operation should trigger a query to different databases as provided under the Schengen Border Code including a query to ETIAS which should provide the up-to-date travel authorisation status
Amendment 266 #
Proposal for a regulation Recital 32 (32) In order to comply with the revised conditions for entry, border guards should check whether the traveller is in possession of a valid travel authorisation. Therefore, during the standard border control process, the border guard should electronically read the travel document data. This operation should trigger a query to different databases as provided under the Schengen Border Code including a query to ETIAS which should provide the up-to-date travel authorisation status. The ETIAS file itself should not be accessible to the border guard for border controls. If there is no valid travel authorisation, the border guard should
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.
Amendment 268 #
Proposal for a regulation 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 269 #
Proposal for a regulation Recital 33 Amendment 270 #
Proposal for a regulation Recital 33 (33)
Amendment 271 #
Proposal for a regulation Recital 33 (33) In the fight against terrorist offences and other serious criminal offences and given the globalisation of criminal networks, it is imperative that law enforcement authorities have the necessary information to perform their tasks effectively. Access to data contained in the Visa Information System (VIS) for law enforcement purpose has already proven effective in helping investigators to make substantial progress in cases related to human being trafficking,
Amendment 272 #
Proposal for a regulation Recital 34 Amendment 273 #
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
Amendment 274 #
Proposal for a regulation Recital 34 (34) Access to the information contained in ETIAS is necessary to prevent, detect
Amendment 275 #
Proposal for a regulation Recital 35 Amendment 276 #
Proposal for a regulation Recital 35 (35) In particular, access to ETIAS data for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences sh
Amendment 277 #
Proposal for a regulation 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
Amendment 278 #
Proposal for a regulation Recital 36 Amendment 279 #
Proposal for a regulation Recital 36 (36) It is therefore necessary to designate the
Amendment 280 #
Proposal for a regulation Recital 37 Amendment 281 #
Proposal for a regulation Recital 38 Amendment 282 #
Proposal for a regulation Recital 38 Amendment 283 #
Proposal for a regulation Recital 38 (38) Europol
Amendment 284 #
Proposal for a regulation Recital 39 Amendment 285 #
Proposal for a regulation 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.
Amendment 286 #
Proposal for a regulation Recital 39 (39) To exclude systematic searches, the processing of data stored in the ETIAS Central System should take place only in specific emergency cases and only when it is necessary for the purposes of preventing
Amendment 287 #
Proposal for a regulation 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
Amendment 288 #
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.
Amendment 289 #
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
Amendment 290 #
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.
Amendment 291 #
Proposal for a regulation Recital 40 (40) The personal data recorded in the ETIAS should be kept for no longer than is
Amendment 292 #
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/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
Amendment 293 #
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
Amendment 294 #
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, i
Amendment 295 #
Proposal for a regulation Recital 41 a (new) (41a) eu-LISA shall base the design, creation and development 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, the secure communication channel between the EES Central System and the VIS Central System, and the communication infrastructure, on the principles of ‘limitation of purpose’ and ‘respect for privacy and data protection from the design stage onwards’. It shall furthermore ensure that the use of the ETIAS by all users complies with data protection provisions.
Amendment 296 #
Proposal for a regulation Recital 42 (42) Regulation (EC) No 45/2001 of the European Parliament and the Council30 applies to the activities of eu-LISA, Europol and the European Coast and Border Guard Agency when carrying out the tasks entrusted to them in this Regulation. _________________ 30 Regulation (EC) No 45/2001 of the European Parliament and the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
Amendment 297 #
Proposal for a regulation Recital 43 (43) [Regulation (EU) 2016/679]31 applies to the processing of personal data by
Amendment 298 #
Proposal for a regulation 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
Amendment 299 #
Proposal for a regulation Recital 44 (44) The processing of personal data by the
Amendment 300 #
Proposal for a regulation Recital 48 Amendment 301 #
Proposal for a regulation Recital 48 (48) In order to assess the
Amendment 302 #
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 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
Amendment 303 #
Proposal for a regulation Recital 48 (48) In order to assess the security
Amendment 304 #
Proposal for a regulation Recital 48 (48) In order to assess the security, i
Amendment 305 #
Proposal for a regulation Recital 48 (48) In order to assess the security
Amendment 306 #
(48) In order to assess the security
Amendment 307 #
Proposal for a regulation Recital 49 (49) The effective monitoring of the application of this Regulation requires evaluation at regular intervals. The Member States should designate the independent national authorities responsible for monitoring the functioning of the whole of the ETIAS system and lay down rules on the penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented.
Amendment 308 #
Proposal for a regulation Recital 50 – indent 1 Amendment 309 #
Proposal for a regulation Recital 50 – indent 1 Amendment 310 #
Proposal for a regulation Recital 50 – indent 1 Amendment 311 #
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
Amendment 312 #
Proposal for a regulation Recital 50 – indent 3 Amendment 313 #
Proposal for a regulation Recital 50 – indent 5 Amendment 314 #
Proposal for a regulation Recital 50 – indent 5 Amendment 315 #
Proposal for a regulation Recital 50 – indent 5 - to further specify the security
Amendment 316 #
Proposal for a regulation Recital 50 – indent 5 - to further specify the security, i
Amendment 317 #
Proposal for a regulation Recital 50 – indent 5 - to further specify the security
Amendment 318 #
Proposal for a regulation Recital 50 – indent 5 - to further specify the security
Amendment 319 #
Proposal for a regulation Recital 51 (51) It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert 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.
Amendment 320 #
Proposal for a regulation Recital 52 (52) In order to ensure uniform conditions for the implementation of this
Amendment 321 #
Proposal for a regulation Recital 54 (54) The projected costs for the development of the ETIAS Information System and for the establishment of the ETIAS Central Unit and the ETIAS National Units are lower than the remaining amount on the budget earmarked for Smart Borders in Regulation (EU) No 515/2014 of the European Parliament and the Council37.
Amendment 322 #
Proposal for a regulation Recital 54 (54) The projected costs for the development of the ETIAS Information System and for the establishment of the ETIAS Central Unit and the ETIAS National Units are lower than the remaining amount on the budget earmarked for Smart Borders in Regulation (EU) No 515/2014 of the European Parliament and the Council37 . Accordingly, this Regulation, pursuant to Article 5(5)(b) of Regulation (EU) No 515/2014, should, re- allocate the amount currently attributed for developing IT systems supporting the management of
Amendment 323 #
Proposal for a regulation Recital 55 Amendment 324 #
Proposal for a regulation Recital 55 Amendment 325 #
Proposal for a regulation 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 external assigned revenue. Where revenue generated by the payment of travel authorisation fees exceeds the costs of the ETIAS Information System, of the ETIAS Central Unit and of the ETIAS National Units, this Regulation should re-allocate the amount to a fund for the protection of critical infrastructure. The fund should be used to enhance protection of those infrastructures that have been identified or designated as European critical infrastructures under the Council Directive 2008/114/EC on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection.
Amendment 326 #
Proposal for a regulation Recital 55 (55) The
Amendment 327 #
Proposal for a regulation 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
Amendment 328 #
Proposal for a regulation Article 1 Amendment 329 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation establishes a 'European Travel Information and
Amendment 330 #
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
Amendment 331 #
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
Amendment 332 #
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
Amendment 333 #
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 an i
Amendment 334 #
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
Amendment 335 #
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 an irregular migration
Amendment 336 #
Proposal for a regulation Article 1 – paragraph 2 Amendment 337 #
Proposal for a regulation Article 2 – paragraph 1 – introductory part 1. This Regulation applies to the following categories of third country nationals
Amendment 338 #
Proposal for a regulation 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
Amendment 339 #
Proposal for a regulation 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 340 #
Proposal for a regulation Article 2 – paragraph 1 – point b Amendment 341 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b) refugees and stateless persons where the third country in which they reside and which issued their travel document is one of the third countries listed in Annex II to Regulation (EC) No 539/2001 and who are exempted from the visa requirement pursuant to Article 4(2)(b) of that Regulation for an intended stay within the territory of the Member States of a maximum of 90 days within a period of 180 days;
Amendment 342 #
Proposal for a regulation Article 2 – paragraph 1 – point c Amendment 343 #
Proposal for a regulation 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 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 345 #
Proposal for a regulation Article 2 – paragraph 2 – point b (b) third country nationals who are members of the family of a Union citizen to whom Directive 2004/38/EC applies
Amendment 346 #
Proposal for a regulation 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 347 #
Proposal for a regulation 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
Amendment 348 #
Proposal for a regulation Article 2 – paragraph 2 – point e (e) holders of national long-stay visas;
Amendment 349 #
Proposal for a regulation Article 2 – paragraph 2 – point f (f) nationals of Andorra, Monaco and San Marino and holders of a passport issued by the Vatican State
Amendment 350 #
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
Amendment 351 #
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
Amendment 352 #
(d) 'travel authorisation' means a decision issued in accordance with this Regulation indicating that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the Member States poses an i
Amendment 353 #
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 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 354 #
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
Amendment 355 #
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
Amendment 356 #
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 an irregular migration
Amendment 357 #
Proposal for a regulation Article 3 – paragraph 1 – point e Amendment 358 #
Proposal for a regulation Article 3 – paragraph 1 – point e Amendment 359 #
Proposal for a regulation Article 3 – paragraph 1 – point e Amendment 360 #
Proposal for a regulation Article 3 – paragraph 1 – point e a (new) (ea) 'threat to security' means a clear and present danger, based on factual substantiations, that the third country national will commit a serious criminal offence or a terrorist offence while staying in the Union;
Amendment 361 #
Proposal for a regulation Article 3 – paragraph 1 – point f a (new) (fa) ‘carrier’ means any natural or legal person whose occupation it is to provide passenger transport by air, sea or land;
Amendment 362 #
Proposal for a regulation Article 3 – paragraph 1 – point h a (new) (ha) 'carrier' means any natural or legal person whose profession it is to provide transport of persons by air;
Amendment 363 #
Proposal for a regulation Article 3 – paragraph 1 – point i a (new) (ia) ‘person for whom an alert has been issued for the purposes of refusing entry’ means any third-country national for whom an alert has been issued in the Schengen Information System (SIS) in accordance with and for the purposes laid down in Articles 24 and 26 of Regulation (EC) No 1987/2006 of the European Parliament and of the Council;
Amendment 364 #
Proposal for a regulation Article 3 – paragraph 1 – point k (k) 'hit' means the existence of a correspondence established by comparing the personal data recorded in an application file of the ETIAS Central System with the personal data stored in a record, file or alert registered in an information system queried by the ETIAS Central System
Amendment 365 #
Proposal for a regulation Article 3 – paragraph 1 – point k (k) 'hit' means the existence of a correspondence established by comparing the personal data recorded in an application file of the ETIAS Central System with the personal data stored in a record, file or alert registered in the ETIAS Central System, in a database or in an information system queried by the ETIAS Central System, in the ETIAS watchlist referred to in Article 29 or with the specific risk indicators referred to in Article 28;
Amendment 366 #
Proposal for a regulation Article 3 – paragraph 1 – point k (k) 'hit' means the existence of a correspondence established by comparing the personal data recorded in an application file of the ETIAS Central System with the personal data stored in a record, file or alert registered in an information system queried by the ETIAS Central System
Amendment 367 #
Proposal for a regulation Article 3 – paragraph 1 – point k (k) 'hit' means the existence of a correspondence established by comparing the personal data recorded in an application file of the ETIAS Central System with the personal data stored in a record, file or alert registered in an information system queried by the ETIAS Central System
Amendment 368 #
Proposal for a regulation Article 3 – paragraph 1 – point l (l) 'terrorist offences' mean the offences which correspond or are equivalent to those referred to in
Amendment 369 #
Proposal for a regulation 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
Amendment 370 #
Proposal for a regulation Article 3 – paragraph 1 – point m (m)
Amendment 371 #
Proposal for a regulation Article 3 – paragraph 1 – point n (n) 'Europol data' means personal data provided to Europol for the purpose referred to in Article 18(2)(a)(i) of Regulation (EU) 2016/794.
Amendment 372 #
Proposal for a regulation Article 3 – paragraph 1 – point n (n) 'Europol data' means personal data
Amendment 373 #
Proposal for a regulation Article 3 – paragraph 1 – point n a (new) (na) ‘irregular migration’ means the risk that stateless persons may seek asylum in one of the Member States while the third country in which they are residing and which has issued their travel documents can be classified as safe pursuant to Article 33(2)(c)(ij)(38) of the Asylum Procedure Directive, 2013/32/EU.
Amendment 374 #
Proposal for a regulation Article 3 – paragraph 2 2. The definitions set out in Article 2 of Regulation (EC) 45/2001 shall apply in so far as personal data are processed by the
Amendment 375 #
Proposal for a regulation 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
Amendment 376 #
Proposal for a regulation Article 4 – paragraph 1 – point a (a) contribute to a high level of security by providing for a thorough security
Amendment 377 #
Proposal for a regulation Article 4 – paragraph 1 – point a (a) contribute to a high level of security by providing for a thorough
Amendment 378 #
Proposal for a regulation Article 4 – paragraph 1 – point b Amendment 379 #
Proposal for a regulation Article 4 – paragraph 1 – point b Amendment 380 #
Proposal for a regulation Article 4 – paragraph 1 – point b Amendment 381 #
Proposal for a regulation Article 4 – paragraph 1 – point b Amendment 382 #
Proposal for a regulation Article 4 – paragraph 1 – point b (b) contribute to the prevention of i
Amendment 383 #
Proposal for a regulation Article 4 – paragraph 1 – point c Amendment 384 #
Proposal for a regulation Article 4 – paragraph 1 – point c Amendment 385 #
Proposal for a regulation Article 4 – paragraph 1 – point c Amendment 386 #
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 third country nationals subject to an entry ban, persons wanted for arrest or for surrender or extradition purposes, on missing persons, on persons sought to assist with a judicial procedure and on persons for discreet checks
Amendment 387 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 388 #
Proposal for a regulation Article 6 – paragraph 3 3. [The Central System, the National Uniform Interfaces, the web service, the carrier gateway and the Communication Infrastructure of the ETIAS shall
Amendment 389 #
Proposal for a regulation Article 6 – paragraph 3 a (new) 3a. All sharing or re-use of data shall be strictly supervised and limited to only what is specifically necessary.
Amendment 390 #
Proposal for a regulation Article 7 – paragraph 1 1. An ETIAS Central Unit is hereby established within the European
Amendment 391 #
Proposal for a regulation Article 7 – paragraph 2 – point b (b) verifying travel authorisations' applications
Amendment 392 #
Proposal for a regulation Article 7 – paragraph 2 – point b (b) verifying travel authorisations' applications rejected from the automated process in order to determine whether the
Amendment 393 #
Proposal for a regulation Article 7 – paragraph 2 – point b (b) verifying travel authorisations' applications rejected from the automated process in order to determine whether the applicant personal data corresponds to the personal data of the person having triggered a hit in one of the consulted information systems/databases
Amendment 394 #
Proposal for a regulation Article 7 – paragraph 2 – point b (b) verifying travel authorisations' applications rejected from the automated process in order to determine whether the applicant personal data corresponds to the personal data of the person having triggered a hit in one of the consulted information systems/databases
Amendment 395 #
Proposal for a regulation Article 7 – paragraph 2 – point c Amendment 396 #
Proposal for a regulation Article 7 – paragraph 2 – point c Amendment 397 #
Proposal for a regulation Article 7 – paragraph 2 – point c Amendment 398 #
Proposal for a regulation Article 7 – paragraph 2 – point c (c) defining, testing, implementing, evaluating and revising the specific risk indicators as referred to in Article 28 after consultation of the ETIAS Screening Board, using risks defined by the Commission as the basis for this;
Amendment 399 #
Proposal for a regulation 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 400 #
Proposal for a regulation Article 7 – paragraph 2 – point c (c) defining,
Amendment 401 #
Proposal for a regulation Article 7 – paragraph 2 – point d Amendment 402 #
Proposal for a regulation Article 7 – paragraph 2 – point d Amendment 403 #
Proposal for a regulation Article 7 – paragraph 2 – point d Amendment 404 #
Proposal for a regulation Article 7 – paragraph 2 – point d (d) carrying out regular audits on the processing of applications
Amendment 405 #
Proposal for a regulation Article 7 – paragraph 2 a (new) 2a. The eu-LISA Agency shall also be in charge of: (a) risk assessment profiling; (b) setting up regular independent audits on the processing of applications and on the implementation of the provisions of Article 28, including regular assessments of their impact on fundamental rights, in particular with regard to observance of privacy and personal data protection by EU and national authorities, both independent ones and those competent in the matter and including the European Data Protection Supervisor and the Agency for Fundamental Rights.
Amendment 406 #
Proposal for a regulation Article 7 – paragraph 2 a (new) 2a. The fundamental rights officer of the European Border and Coast Guard Agency shall be in charge of carrying out regular audits on the processing of applications including regularly assessing the impact on fundamental rights, in particular with regard to non- discrimination. The data protection officer of the European Border and Coast Guard Agency shall be in charge of carrying out regular audits on the processing of applications including regularly assessing the impact on privacy and personal data protection.
Amendment 407 #
Proposal for a regulation Article 7 – paragraph 2 b (new) 2b. The ETIAS Central Unit shall publish an annual activity report. This report shall include: (a) statistics as to: (i) the number of travel authorisations issued automatically by the ETIAS Central System; (ii) the number of applications verified by the Central Unit; (iii) the number of applications processed manually per Member State; and the number of application s that were rejected by country, type of traveller, and reason for the rejection; (iv) the extent to which the deadlines referred to in Articles 20(6), 23, 26 and 27 are met, including statistics on the reasons they were not met; (v) the number of applications filed at border crossing points, and how many of those were approved and rejected; and (b) general information on the activities of the ETIAS Central Unit. The annual activity report shall be transmitted to the European Parliament, the Council and the Commission by 31 March of the following year at the latest.
Amendment 408 #
Proposal for a regulation Article 8 – paragraph 2 – point a Amendment 409 #
Proposal for a regulation Article 8 – paragraph 2 – point b (b) examining
Amendment 410 #
Proposal for a regulation Article 8 – paragraph 2 – point b (b) examining and deciding on applications for travel authorisation
Amendment 411 #
Proposal for a regulation 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 412 #
Proposal for a regulation Article 8 – paragraph 2 – point d Amendment 413 #
(d) providing applicants with information regarding the procedure to be followed in the event of an appeal in accordance with Article 31(2) and regarding the reasons why authorisation was refused;
Amendment 414 #
Proposal for a regulation Article 8 – paragraph 2 – point d (d) providing applicants with information regarding the remedy procedure to be followed in
Amendment 415 #
Proposal for a regulation 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 417 #
Proposal for a regulation Article 9 – paragraph 1 1. An ETIAS
Amendment 418 #
Proposal for a regulation Article 9 – paragraph 1 1. An ETIAS Screening Board with an advisory function is hereby established within
Amendment 419 #
Proposal for a regulation Article 9 – paragraph 2 – introductory part 2. The ETIAS
Amendment 420 #
Proposal for a regulation Article 9 – paragraph 2 – point -a (new) (-a) ensuring that fundamental rights standards are complied with, in particular the right to privacy and data protection, and assessing risks of profiling.
Amendment 421 #
Proposal for a regulation Article 9 – paragraph 2 – point a Amendment 422 #
Proposal for a regulation Article 9 – paragraph 2 – point a Amendment 423 #
Proposal for a regulation Article 9 – paragraph 2 – point a Amendment 424 #
Proposal for a regulation Article 9 – paragraph 2 – point b Amendment 425 #
Proposal for a regulation Article 9 – paragraph 2 – point b Amendment 426 #
Proposal for a regulation Article 9 – paragraph 3 3. For the purpose referred to in paragraph 1, the ETIAS
Amendment 427 #
Proposal for a regulation Article 9 – paragraph 4 Amendment 428 #
Proposal for a regulation Article 9 – paragraph 4 4. The ETIAS Screening Board shall meet whenever necessary, and at least twice a year. The costs and servicing of its meetings shall be borne by
Amendment 429 #
Proposal for a regulation Article 9 – paragraph 4 4. The ETIAS
Amendment 430 #
Proposal for a regulation Article 9 – paragraph 5 5. The ETIAS
Amendment 431 #
Proposal for a regulation Article 9 a (new) Amendment 432 #
Proposal for a regulation Article 10 – paragraph 1 Interoperability between the ETIAS Information System and
Amendment 433 #
Proposal for a regulation Article 10 – paragraph 1 Interoperability between the ETIAS Information System and other information systems consulted by ETIAS
Amendment 434 #
Proposal for a regulation 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]
Amendment 435 #
Proposal for a regulation 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
Amendment 436 #
Proposal for a regulation 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
Amendment 437 #
Proposal for a regulation Article 10 – paragraph 1 Interoperability between the ETIAS Information System and other information systems consulted by ETIAS such as [the Entry/Exit System (EES)],
Amendment 438 #
Proposal for a regulation Article 10 – paragraph 1 a (new) Amendment 439 #
Proposal for a regulation Article 11 – paragraph 1 1. Access to the ETIAS Information System shall be reserved exclusively to duly authorised staff of the ETIAS Central Unit
Amendment 440 #
Proposal for a regulation Article 11 – paragraph 1 a (new) 1a. Immigration authorities shall have access to the central ETIAS System in order to ascertain the travel authorisation status of a traveller.
Amendment 441 #
Proposal for a regulation Article 11 – paragraph 2 2. Access by border guards to the ETIAS Central System in accordance with Article 41 shall be limited to searching the ETIAS Central System to obtain the travel authorisation status of a traveller present at an external border crossing point. Where further checks are necessary for second- line verifications, access by border guards to the ETIAS Central System shall be extended to the additional information entered for that purpose in an application file, by a National Unit, in accordance with Articles 33(ea) and 38(5)(db).
Amendment 442 #
Proposal for a regulation 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 443 #
Proposal for a regulation Article 11 – paragraph 2 a (new) 2a. If supplementary checks are needed for the purpose of a thorough second line check further to Article 2(13) of Regulation (EU) 2016/399, border control officials shall secure access to the data referred to in Article 15(2) and Article 15(4)(b) to (d), inter alia further to Articles 33 and 37.
Amendment 444 #
Proposal for a regulation Article 11 – paragraph 3 3. Access by carriers to the ETIAS Central System by in accordance with Article 39, shall be limited to se
Amendment 445 #
Proposal for a regulation Article 11 – paragraph 3 a (new) 3a. Access by immigration authorities to the ETIAS Central System shall be limited to searching the ETIAS Central System to obtain the travel authorisation status of a traveller present on the territory of the Member State for the purposes of verifying whether the conditions of entry and stay are fulfilled.
Amendment 446 #
Proposal for a regulation Article 11 – paragraph 3 a (new) 3a. Access to the ETIAS information system shall be established in full compliance with fundamental rights, in particular the right to non-discrimination and to data protection.
Amendment 447 #
Proposal for a regulation 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 belief, disability, age or sexual orientation. It shall fully respect human dignity and integrity. Particular attention shall be paid to children, observing in full the principle of the best interest of the child, to the elderly and to persons with a disability. Particular attention shall also be paid to ruling out any risk of profiling.
Amendment 448 #
Proposal for a regulation 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, rac
Amendment 449 #
Proposal for a regulation 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, rac
Amendment 450 #
Proposal for a regulation Article 12 – paragraph 1 Processing of personal data within the ETIAS Information System by any user shall not result in direct or indirect discrimination against third country nationals on the grounds of sex, racial or ethnic origin, religion or belief, 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 451 #
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 sufficiently in advance of any intended travel.
Amendment 452 #
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 sufficiently in advance of any intended travel and in any cases 24 hours before the intended travel;.
Amendment 453 #
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
Amendment 454 #
Proposal for a regulation Article 13 – paragraph 1 a (new) 1a. In case the applicant has not been in a position to apply for a travel authorisation in advance and submits, if required, supporting documents substantiating unforeseeable and imperative reasons for the travel, he or she shall be permitted to file an application and receive the authorisation directly at the border crossing point. Member States shall provide the means that allow such applicants to file the applications and receive the authorisations.
Amendment 455 #
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 European Union Delegations in third countries shall provide necessary assistance to the applicants.
Amendment 456 #
Proposal for a regulation 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 457 #
Proposal for a regulation Article 13 – paragraph 2 a (new) Amendment 458 #
Proposal for a regulation Article 13 a (new) Article 13a Holders of a valid travel authorisation shall be informed automatically, by electronic means, of the expiry of their travel authorisation, and shall be invited to submit a fresh application if they wish.
Amendment 459 #
Proposal for a regulation Article 14 – paragraph 1 1. The public website and the mobile app for mobile devices shall enable third country nationals subject to the travel authorisation requirement to launch a travel authorisation application, to provide the data required in the application form in accordance with Article 15
Amendment 460 #
Proposal for a regulation Article 14 – paragraph 1 1. The public website and the mobile app for mobile devices shall enable third country nationals subject to the travel authorisation requirement to launch a travel authorisation application, to provide the data required in the application form in accordance with Article 15
Amendment 461 #
Proposal for a regulation Article 14 – paragraph 3 3. The public website and the mobile app for mobile devices shall be available in as many as possible of the official languages of the countries ETIAS applicants come from, and in all the official languages of the Member States.
Amendment 462 #
Proposal for a regulation 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
Amendment 463 #
Proposal for a regulation Article 14 – paragraph 6 6. The public website and the mobile app for mobile devices shall provide the applicant with a verification tool and an account service enabling applicants to provide additional information and/or documentation, where required.
Amendment 464 #
Proposal for a regulation Article 14 – paragraph 6 a (new) Amendment 465 #
Proposal for a regulation 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.
Amendment 466 #
Proposal for a regulation 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
Amendment 467 #
Proposal for a regulation Article 15 – paragraph 1 1. Each applicant shall submit a completed application form including a declaration of authenticity, completeness and reliability of the data submitted and a declaration of veracity and reliability of the statements made. Minors shall submit an application form electronically
Amendment 468 #
Proposal for a regulation 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
Amendment 469 #
Proposal for a regulation Article 15 – paragraph 1 a (new) 1a. Applicants shall also declare that they understand that they may still be denied entry at the border, despite being in possession of a valid ETIAS travel authorisation, pursuant to Article 6 of the Schengen Borders Code 2016/399.
Amendment 470 #
Proposal for a regulation Article 15 – paragraph 2 – point a (a) surname (family name), first name(s) (given name(s)), surname at birth; date of birth, place of birth, country of birth, sex, current nationality
Amendment 471 #
Proposal for a regulation Article 15 – paragraph 2 – point e (e) the date of issue and date of expiry of the validity of the travel document;
Amendment 472 #
Proposal for a regulation Article 15 – paragraph 2 – point e (e) the date of
Amendment 473 #
Proposal for a regulation Article 15 – paragraph 2 – point g (g) e-mail address (if available), phone number;
Amendment 474 #
Proposal for a regulation Article 15 – paragraph 2 – point h Amendment 475 #
Proposal for a regulation Article 15 – paragraph 2 – point h Amendment 476 #
Proposal for a regulation Article 15 – paragraph 2 – point h Amendment 477 #
Proposal for a regulation Article 15 – paragraph 2 – point h Amendment 478 #
Proposal for a regulation Article 15 – paragraph 2 – point h Amendment 479 #
Proposal for a regulation Article 15 – paragraph 2 – point i Amendment 480 #
Proposal for a regulation Article 15 – paragraph 2 – point i Amendment 481 #
Proposal for a regulation Article 15 – paragraph 2 – point i Amendment 482 #
Proposal for a regulation Article 15 – paragraph 2 – point i Amendment 483 #
Proposal for a regulation Article 15 – paragraph 2 – point i (i) current occupation, job title and name of employer, and for students the academic institution;
Amendment 484 #
Proposal for a regulation Article 15 – paragraph 2 – point i (i) current occupation and, for students, the name of the educational establishment;
Amendment 485 #
Proposal for a regulation Article 15 – paragraph 2 – point i (i)
Amendment 486 #
Proposal for a regulation Article 15 – paragraph 2 – point j (j) address of first intended stay or, in the case of transit, the Member State of first intended
Amendment 487 #
Proposal for a regulation Article 15 – paragraph 2 – point j (j) Member State of first intended
Amendment 488 #
Proposal for a regulation Article 15 – paragraph 2 – point j a (new) (ja) address, purpose and duration of the first intended stay in the Member State;
Amendment 489 #
Proposal for a regulation 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 490 #
Proposal for a regulation 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 491 #
Proposal for a regulation Article 15 – paragraph 2 – point l – point i (i) their status
Amendment 492 #
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, 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
Amendment 493 #
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, the surname, first name(s), name of firm, organization if applicable, e-mail address, mailing address, phone number; relationship to the applicant and a
Amendment 494 #
Proposal for a regulation Article 15 – paragraph 3 Amendment 495 #
Proposal for a regulation Article 15 – paragraph 3 Amendment 496 #
Proposal for a regulation Article 15 – paragraph 3 Amendment 497 #
Proposal for a regulation Article 15 – paragraph 3 Amendment 498 #
Proposal for a regulation Article 15 – paragraph 3 3. The applicant shall choose the level and field of education, the current occupation
Amendment 499 #
Proposal for a regulation Article 15 – paragraph 3 3. The applicant shall choose the level and field of education, the current occupation
Amendment 500 #
Proposal for a regulation Article 15 – paragraph 4 Amendment 501 #
Proposal for a regulation Article 15 – paragraph 4 – point a Amendment 502 #
Proposal for a regulation Article 15 – paragraph 4 – point a Amendment 503 #
Proposal for a regulation Article 15 – paragraph 4 – point a Amendment 504 #
Proposal for a regulation Article 15 – paragraph 4 – point b (b) whether he or she has ever been convicted of any criminal offence
Amendment 505 #
Proposal for a regulation Article 15 – paragraph 4 – point b (b) whether, over the previous 10 years, he or she has
Amendment 506 #
Proposal for a regulation Article 15 – paragraph 4 – point b (b) whether he or she has ever been convicted of any serious criminal offence
Amendment 507 #
Proposal for a regulation Article 15 – paragraph 4 – point b (b) whether he or she has
Amendment 508 #
Proposal for a regulation Article 15 – paragraph 4 – point b (b) whether he or she
Amendment 509 #
Proposal for a regulation Article 15 – paragraph 4 – point b (b) whether he or she has ever been convicted of any
Amendment 510 #
Proposal for a regulation Article 15 – paragraph 4 – point b (b) whether he or she has ever been convicted of any serious criminal offence in any country;
Amendment 511 #
Proposal for a regulation 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 512 #
Proposal for a regulation Article 15 – paragraph 4 – point c (c)
Amendment 513 #
Proposal for a regulation Article 15 – paragraph 4 – point d Amendment 514 #
Proposal for a regulation Article 15 – paragraph 4 – point d (d)
Amendment 515 #
Proposal for a regulation Article 15 – paragraph 4 – point d (d) regarding any entry ban on him or her or any decision requiring him or her to leave the territory of a Member State or of any other country, or whether he or she was subject to any return decision issued over the last ten years.
Amendment 516 #
Proposal for a regulation Article 15 – paragraph 4 – point d (d) regarding any decision requiring him or her to leave the territory of a Member State or of any other country or whether he or she was subject to any return decision issued over the last
Amendment 517 #
Proposal for a regulation Article 15 – paragraph 4 – point d (d) regarding any decision requiring him or her to leave the territory of a Member State or
Amendment 518 #
Proposal for a regulation Article 15 – paragraph 4 – point d a (new) (da) whether the applicant belongs to one of the categories of applicants referred to in points (b) to (d) of Article 16(2) for whom the travel authorisation fee is to be waived, to be selected from a predetermined list, and regarding the duration of the activity resulting in the fee waiver; where appropriate, the applicant shall be informed that he or she will be sent a request for additional information or documentation, in accordance with Article 23, in order to establish that the purpose of his or her travel comes under one of the categories laid down in points (c) to (e) of Article 16(2) and establish the duration of the activity concerned.
Amendment 519 #
Proposal for a regulation Article 15 – paragraph 4 a (new) 4a. The applicant shall also declare that he or she has taken note of the entry conditions as laid down in Article 6 of Regulation (EU) No 2016/399 and of the fact that he or she may be asked for relevant supporting documents at each entry.
Amendment 520 #
Proposal for a regulation Article 15 – paragraph 5 Amendment 521 #
Proposal for a regulation Article 15 – paragraph 5 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 specifying the content and format of those questions. In any event, the content and format of those questions shall enable applicants to give clear and precise answers.
Amendment 522 #
Proposal for a regulation Article 15 – paragraph 6 6. The applicant shall provide answers to those questions. Where the applicant answers affirmatively to any of the questions, he or she shall be required to provide answers to additional questions on the application form aimed at collecting further information via providing answers to a predetermined list of questions.
Amendment 523 #
Proposal for a regulation Article 15 – paragraph 6 6.
Amendment 524 #
Proposal for a regulation Article 15 – paragraph 6 a (new) 6a. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to lay down the content and format of those additional questions and the predetermined list of answers to those questions, to which nothing may be added that is unrelated to this Regulation, in strict compliance with international law and Member States’ obligations in that area.
Amendment 525 #
Proposal for a regulation Article 15 – paragraph 8 Amendment 526 #
Proposal for a regulation Article 15 – paragraph 8 Amendment 527 #
Proposal for a regulation Article 15 – paragraph 8 Amendment 528 #
Proposal for a regulation Article 15 – paragraph 8 Amendment 529 #
Proposal for a regulation Article 16 Amendment 530 #
Proposal for a regulation Article 16 Amendment 531 #
Proposal for a regulation Article 16 – paragraph 1 1. A travel authorisation fee of EUR
Amendment 532 #
Proposal for a regulation Article 16 – paragraph 1 1. A travel authorisation fee of EUR
Amendment 533 #
Proposal for a regulation Article 16 – paragraph 1 1. A travel authorisation fee of EUR
Amendment 534 #
Proposal for a regulation Article 16 – paragraph 1 1. A travel authorisation fee of EUR
Amendment 535 #
Proposal for a regulation Article 16 – paragraph 1 1. A travel authorisation fee of EUR
Amendment 536 #
Proposal for a regulation Article 16 – paragraph 2 2. The travel authorisation fee shall be waived for
Amendment 537 #
Proposal for a regulation Article 16 – paragraph 2 2. The travel authorisation fee shall be waived for
Amendment 538 #
Proposal for a regulation Article 16 – paragraph 2 2. The travel authorisation fee shall be waived for children under
Amendment 539 #
Proposal for a regulation Article 16 – paragraph 2 2. The travel authorisation fee shall be waived for children under eighteen years and for persons over sixty years.
Amendment 540 #
Proposal for a regulation Article 16 – paragraph 2 2. The travel authorisation fee shall be waived for children under
Amendment 541 #
Proposal for a regulation Article 17 – paragraph 1 – point b Amendment 542 #
Proposal for a regulation Article 17 – paragraph 1 – point b Amendment 543 #
(e) the date and the time the application form was submitted
Amendment 544 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 1 The ETIAS Central System shall compare the relevant data referred to in Article 15(2)(a),(b),(d),(f),(g),(m) and (8) to the data present in a record, file or alert registered in the ETIAS Central System, the Schengen Information System (SIS), [the Entry/Exit System (EES)],
Amendment 545 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 2 – introductory part Amendment 546 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 2 – point c (c) whether the applicant is subject to a refusal of entry alert or a return decision alert recorded in the SIS;
Amendment 547 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 2 – point g Amendment 548 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 2 – point g (g) [whether the applicant is currently reported as having overstaye
Amendment 549 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 2 – point h Amendment 550 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 2 – point h (h) [whether the applicant was refused entry, in the last 12 months, through consultation of the EES;]
Amendment 551 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 2 – point i Amendment 552 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 2 – point i Amendment 553 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 2 – point i (i) whether the applicant has been subject to a decision to refuse, revoke or annul a short stay visa recorded in the VIS in the last 12 months;
Amendment 554 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 2 – point j (j) whether the data provided in the application or the IP address from which the application was sent corresponds to data recorded in the Europol data;
Amendment 555 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 2 – point k Amendment 556 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 2 – point k Amendment 557 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 2 – point k (k) [whether the applicant was subject to a return decision or a removal order
Amendment 558 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 2 – point k (k) [whether the applicant was subject to a return decision or a removal order issued following the withdrawal or rejection of the application for internal protection in the Eurodac in the last 12 months;]
Amendment 559 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 2 – point l Amendment 560 #
Proposal for a regulation 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 561 #
Proposal for a regulation Article 18 – paragraph 4 Amendment 562 #
Proposal for a regulation Article 18 – paragraph 4 4. The ETIAS Central System shall compare the relevant data referred to in Article 15(2)(a), (b), (d)
Amendment 563 #
Proposal for a regulation 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)
Amendment 564 #
Proposal for a regulation Article 18 – paragraph 5 Amendment 565 #
Proposal for a regulation Article 18 – paragraph 5 Amendment 566 #
Proposal for a regulation Article 18 – paragraph 5 5. The ETIAS Central System shall compare the relevant data referred to in Article 15(2)(a), (f), (h) and (i) and the specific risk indicators referred to in Article 28. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to amend the data categories to be compared with the ETIAS Central System in order to be consistent and proportional with the definition of the concrete risk, which remains to be established by the Commission via delegated acts as referred to in Article 28 (3).
Amendment 567 #
Proposal for a regulation Article 18 – paragraph 5 5. The ETIAS Central System shall compare the relevant data referred to in Article 15(2)(a)
Amendment 568 #
Proposal for a regulation Article 18 – paragraph 7 – subparagraph 1 – point a Amendment 569 #
Proposal for a regulation Article 18 – paragraph 7 – subparagraph 1 – point d Amendment 570 #
Proposal for a regulation Article 18 – paragraph 7 – subparagraph 2 Amendment 571 #
Proposal for a regulation Article 18 – paragraph 7 – subparagraph 2 Any hit resulting from this comparison shall be stored in the SIS for a maximum of two years.
Amendment 572 #
Proposal for a regulation Article 18 – paragraph 7 a (new) Amendment 573 #
Proposal for a regulation Article 18 – paragraph 7 b (new) 7b. The notification provided to the SIRENE Bureau of the Member State that issued the alert shall contain the following data: (a) surname(s), first name(s) and, if any, alias; (b) place and date of birth; (c) sex; (d) nationality(ies); (e) address of the first intended stay or, in case of transit, Member State of first intended transit entry; (f) travel authorization status information, indicating whether a travel authorisation has been issued, refused or whether the application is subject to a manual assessment pursuant to Article 22; (g) a reference to the hit(s)obtained, including the date and time of the hit.
Amendment 574 #
Proposal for a regulation Article 18 – paragraph 7 c (new) 7c. The ETIAS Central System shall add a reference to any hit obtained to the application file.
Amendment 575 #
Proposal for a regulation Article 19 – paragraph 1 1. Where the automated processing laid down in Article 18(2) to (
Amendment 576 #
Proposal for a regulation Article 19 – paragraph 1 1. Where the automated processing laid down in Article 18(2) to (5) does not
Amendment 577 #
Proposal for a regulation Article 19 – paragraph 2 2. Where the automated processing laid down in Article 18(2) to (5) reports one or several hit(s), including if, where Article 18(3) is applied, no hit is yielded but one of the questions further to Article 15(4) has been answered in the affirmative, the application shall be assessed in accordance with the procedure laid down in Article 20, and in the event of persistent doubt or an affirmative hit, Article 22.
Amendment 578 #
Proposal for a regulation Article 19 – paragraph 2 2. Where the automated processing laid down in Article 18(2) to (
Amendment 579 #
Proposal for a regulation Article 19 – paragraph 2 a (new) 2a. Where the automated processing laid down in Article 18(2) to (5) reports a hit of a European Arrest Warrant, and without prejudice to the procedure laid down in paragraph 7a of article 18 and in Article 22, the travel authorization shall not be refused.
Amendment 580 #
Proposal for a regulation Article 19 – paragraph 3 Amendment 581 #
Proposal for a regulation Article 19 – paragraph 3 3. Where the automated processing laid down in Article 18(2) to (
Amendment 582 #
Proposal for a regulation Article 20 – paragraph 1 1. Where the ETIAS Central System is not in a position to certify that the data recorded in the application file corresponds to the data triggering a hit during the automated processing pursuant to Article 18(2) to (
Amendment 583 #
Proposal for a regulation Article 20 – paragraph 2 2. Where consulted, the ETIAS Central 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 pursuant to Article 18(2) to (
Amendment 584 #
Proposal for a regulation Article 20 – paragraph 3 3. The ETIAS Central Unit shall verify whether the data recorded in the application file corresponds to the data present in
Amendment 585 #
Proposal for a regulation Article 20 – paragraph 3 3. The ETIAS Central Unit shall verify whether the data recorded in the application file corresponds to the data present in one of the consulted information systems/databases
Amendment 586 #
Proposal for a regulation Article 20 – paragraph 3 3. The ETIAS Central Unit shall verify whether the data recorded in the application file corresponds to the data present in one of the consulted information systems/databases
Amendment 587 #
Proposal for a regulation Article 20 – paragraph 3 3. The ETIAS Central Unit shall verify whether the data recorded in the application file corresponds to the data present in the ETIAS Central System or one of the consulted information systems/databases, the ETIAS watchlist referred to in Article 29 or the specific risk indicators referred to in Article 28.
Amendment 588 #
Proposal for a regulation 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 589 #
Proposal for a regulation Article 20 – paragraph 4 4. Where the data do not correspond, and no other hit has been reported during the automated processing pursuant to Article 18(2) to (
Amendment 590 #
Proposal for a regulation Article 20 – paragraph 5 a (new) 5a. Where the hit was triggered by an entry from a third country in the Interpol TDAWN, the ETIAS Central Unit shall assess whether the entry could reasonably likely have been made with the objective to prevent political opponents and other persons in need of international protection from leaving the country. If the ETIAS Central Unit comes to that conclusion, it shall automatically issue a travel authorisation in accordance with Article 30.
Amendment 591 #
Proposal for a regulation Article 20 – paragraph 6 6. The ETIAS Central Unit shall complete the manual examination within a maximum of 12 hours from receipt of the application file, and within maximum 1 hour where the application was made at a border pursuant to Article 13(1a).
Amendment 592 #
Proposal for a regulation Article 20 – paragraph 6 a (new) 6a. The applicant shall be immediately informed why he or she has been denied automatic authorisation to travel and which national authority is responsible for the manual processing procedure.
Amendment 593 #
Proposal for a regulation Article 20 a (new) Amendment 594 #
Proposal for a regulation 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
Amendment 595 #
Proposal for a regulation 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
Amendment 596 #
Proposal for a regulation 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
Amendment 597 #
Proposal for a regulation Article 21 – paragraph 2 – point c Amendment 598 #
Proposal for a regulation Article 21 – paragraph 2 – point c Amendment 599 #
Proposal for a regulation Article 21 – paragraph 3 – subparagraph 1 Amendment 600 #
Proposal for a regulation Article 21 – paragraph 3 – subparagraph 1 – point b Amendment 601 #
Proposal for a regulation Article 21 – paragraph 3 – subparagraph 2 Amendment 602 #
Proposal for a regulation Article 21 – paragraph 3 – subparagraph 2 Amendment 603 #
Proposal for a regulation Article 21 – paragraph 3 – subparagraph 2 Amendment 604 #
Proposal for a regulation Article 21 – paragraph 3 – subparagraph 2 Amendment 605 #
Proposal for a regulation Article 21 – paragraph 3 – subparagraph 2 The specific risk indicators based on i
Amendment 606 #
Proposal for a regulation Article 21 – paragraph 4 Amendment 607 #
Proposal for a regulation Article 21 – paragraph 4 Amendment 608 #
Proposal for a regulation Article 21 – paragraph 4 Amendment 609 #
Proposal for a regulation Article 21 – paragraph 4 Amendment 610 #
Proposal for a regulation Article 21 – paragraph 4 4. An application for a travel authorisation shall not be refused on the ground of an i
Amendment 611 #
Proposal for a regulation Article 21 – paragraph 5 – point b Amendment 612 #
Proposal for a regulation Article 21 – paragraph 5 – point b (b) a
Amendment 613 #
Proposal for a regulation Article 21 – paragraph 5 – point c – point i i) the period of validity of the travel authorisation; or
Amendment 614 #
Proposal for a regulation Article 21 – paragraph 5 – point c – point ii Amendment 615 #
Proposal for a regulation Article 21 – paragraph 5 – point c – point iii iii)
Amendment 616 #
Proposal for a regulation Article 21 – paragraph 5 – point c – point iii iii)
Amendment 617 #
Proposal for a regulation Article 21 a (new) Article 21a Responsible Member State 1. The Member State responsible for the manual processing of applications as referred to in Article 22 (the 'responsible Member State') shall be identified by the ETIAS Central System as follows: (a) where only one Member State is identified as having entered or supplied the data that triggered the hit pursuant to Article 18, that Member State shall be the responsible Member State; (b) where several Member States are identified as having entered or supplied the data that triggered the hits pursuant to Article 18, the Member State that has entered or supplied the most recent data corresponding to points (a) to (c) of Article 18(2), shall be the responsible Member State, unless the hits occur in the same information system such as the SIS where an order of prioritisation of hits is agreed upon. In such cases the prioritisation of hits prevails; (c) where several Member States are identified as having entered or supplied the data that triggered the hits pursuant to Article 18, but none of that data corresponds to points (a) to (c) of Article 18(2), the responsible Member State shall be the one that entered the most recent data, unless the hits occur in the same information system such as the SIS where an order of prioritisation of hits is agreed upon. In such cases the prioritisation of hits prevails; (d) for the purposes of paragraphs (a) and (c), hits triggered by data not entered or supplied by a Member State shall not be taken into account in order to identify the responsible Member State. Where the manual processing of an application is not triggered by data entered or supplied by a Member State, the responsible Member State shall be the Member State of first intended stay or, in case of transit, the Member State of first intended transit as declared by the applicant in accordance with Article 15(2)(j); (e) a consulted Member State can request the ETIAS Central Unit to be the responsible Member State for reasons of national interest. 2. The ETIAS Central System shall indicate the Member State responsible in the application file.
Amendment 618 #
Proposal for a regulation Article 21 a (new) Amendment 619 #
Proposal for a regulation Article 22 – paragraph 1 Amendment 620 #
Proposal for a regulation Article 22 – paragraph 1 Amendment 621 #
Proposal for a regulation Article 22 – paragraph 1 1. The Member State responsible for the manual processing of applications pursuant to this Article (the 'responsible Member State') shall be
Amendment 622 #
Proposal for a regulation Article 22 – paragraph 1 1. The Member State responsible for the manual processing of applications pursuant to this Article (the 'responsible Member State') shall be the Member State which has supplied the data that led to the hit or, where there is none, the Member State of first entry as declared by the applicant in accordance with Article 15(2)(j).
Amendment 623 #
Proposal for a regulation Article 22 – paragraph 1 a (new) 1a. A consulted Member State may request the ETIAS Central Unit to be responsible Member State for reasons of national interest.
Amendment 624 #
Proposal for a regulation 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. Th
Amendment 625 #
Proposal for a regulation 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. Th
Amendment 626 #
Proposal for a regulation Article 22 – paragraph 2 2. Where the automated processing laid down in Article 18(2) to (
Amendment 627 #
Proposal for a regulation 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)
Amendment 628 #
Proposal for a regulation Article 22 – paragraph 4 – point a (a) where the hit corresponds to one or several of the categories laid down in Article 18(2)(a) to (c), refuse a travel authorisation
Amendment 629 #
Proposal for a regulation Article 22 – paragraph 4 – point a (a) where the hit corresponds to one or several of the categories laid down in Article 18(2)(a) to (c), assess the security, irregular migration or public health risks and decide whether to issue or refuse a travel authorisation.
Amendment 630 #
Proposal for a regulation 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)
Amendment 631 #
Proposal for a regulation 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)
Amendment 632 #
Proposal for a regulation Article 22 – paragraph 4 – point a a (new) (aa) where the hit corresponds to the category laid down in Article 18(2)(c), refuse a travel authorisation;
Amendment 633 #
Proposal for a regulation Article 22 – paragraph 4 – point a b (new) (ab) where the hit corresponds to one or several of the categories laid down in Article 18(2)(d), issue a pro forma travel authorisation that is marked in the ETIAS Central System as such, and alert the responsible Member States, so that the arrest warrant can be executed;
Amendment 634 #
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
Amendment 635 #
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),
Amendment 636 #
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)(
Amendment 637 #
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) (b) and (d) to (m), assess the security or irregular migration risk and decide whether to issue or refuse a travel authorisation.
Amendment 638 #
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) (b) and (d) to (m), assess the security or i
Amendment 639 #
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 i
Amendment 640 #
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
Amendment 641 #
Proposal for a regulation Article 22 – paragraph 5 5. Where the automated processing laid down in Article 18(3) has reported that the applicant replied affirmatively to one of the questions referred to in Article 15(4), the ETIAS National Unit of the responsible Member State shall assess the irregular migration, security or public health risk and decide whether to issue or refuse a travel authorisation and, where appropriate, shall check that the applicant belongs to one of the categories exempted from the authorisation fee that are laid down in points (b) to (e) of Article 16(2), verifying in the process the duration of the activity resulting in the fee waiver.
Amendment 642 #
Proposal for a regulation 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
Amendment 643 #
Proposal for a regulation 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
Amendment 644 #
Proposal for a regulation 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
Amendment 645 #
Proposal for a regulation 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
Amendment 646 #
Proposal for a regulation 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 i
Amendment 647 #
Proposal for a regulation 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
Amendment 648 #
Proposal for a regulation 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
Amendment 649 #
Proposal for a regulation Article 22 – paragraph 6 Amendment 650 #
Proposal for a regulation Article 22 – paragraph 7 Amendment 651 #
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
Amendment 652 #
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
Amendment 653 #
Proposal for a regulation Article 22 – paragraph 7 7. Where the automated processing laid down in Article 18(5) has reported a
Amendment 654 #
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 i
Amendment 655 #
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
Amendment 656 #
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
Amendment 657 #
Proposal for a regulation Article 22 – paragraph 7 a (new) 7a. In no circumstances may the ETIAS National Unit of the responsible Member State take a decision the basis for which lies solely in a hit based on specific risk indicators. The ETIAS National Unit of the responsible Member State shall individually assess the migration, security and public health risks in all cases. No decision shall be taken on the basis of a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation.
Amendment 658 #
Proposal for a regulation Article 22 – paragraph 7 a (new) 7a. The applicant shall be immediately informed why he or she has been denied automatic authorisation to travel.
Amendment 659 #
Proposal for a regulation Article 22 a (new) Amendment 660 #
Proposal for a regulation Article 23 – paragraph 1 1. Where
Amendment 661 #
Proposal for a regulation Article 23 – paragraph 1 1. Where the information provided by the applicant in the application form does not allow the ETIAS National Unit of the responsible Member State to decide whether to issue or refuse a travel authorisation, that ETIAS National Unit may request the applicant for additional information or documentation, albeit without broadening the scope of the information requested.
Amendment 662 #
Proposal for a regulation Article 23 – paragraph 1 1. Where the information provided by the applicant in the application form does not allow the ETIAS National Unit of the responsible Member State to decide whether to issue or refuse a travel authorisation, that ETIAS National Unit
Amendment 663 #
Proposal for a regulation Article 23 – paragraph 1 a (new) Amendment 664 #
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, or by phone. 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.
Amendment 665 #
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 to 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.
Amendment 666 #
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 to 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.
Amendment 667 #
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
Amendment 668 #
Proposal for a regulation Article 23 – paragraph 3 3. The ETIAS National Unit shall process the additional information or documentation within
Amendment 669 #
Proposal for a regulation Article 23 – paragraph 3 3. The ETIAS National Unit shall process the additional information or documentation within
Amendment 670 #
Proposal for a regulation Article 23 – paragraph 4 4. In exceptional circumstances, and after processing the additional documentation and information in accordance with paragraph 3, the ETIAS National Unit may invite the applicant for an interview at any consulate of an EU Member State present in his or her country of residence. If feasible, access to the consulate of the applicant's choice shall be allowed.
Amendment 671 #
Proposal for a regulation 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. That interview shall under no circumstances be used to broaden the scope of the information requested under this Regulation.
Amendment 672 #
Proposal for a regulation 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 673 #
Proposal for a regulation Article 23 – paragraph 5 5. The invitation shall be notified to the applicant at least 5 days before the scheduled interview by the ETIAS National Unit of the Member and shall be notified to the
Amendment 674 #
Proposal for a regulation Article 23 – paragraph 5 5. The invitation shall be notified to the applicant by the ETIAS National Unit of the Member and shall be notified to the contact e-mail address recorded in the application file, or by phone.
Amendment 675 #
Proposal for a regulation Article 24 – paragraph 1 1.
Amendment 676 #
Proposal for a regulation Article 24 – paragraph 1 1. For the purpose of carrying out the assessment referred to in Article 22(4)(b) the ETIAS National Unit of the responsible Member State shall consult the authorities of the Member State(s) responsible for the data having triggered a hit pursuant to Article 18(2)(c),(d),(e),(g),(h),(i) or (k).
Amendment 677 #
Proposal for a regulation Article 24 – paragraph 1 1. For the purpose of carrying out the assessment referred to in Article 22(4)(b) the ETIAS National Unit of the responsible Member State shall consult the authorities of the Member State(s) responsible for the data having triggered a hit pursuant to Article 18(2)(d),(e),(g)
Amendment 678 #
Proposal for a regulation Article 24 – paragraph 2 Amendment 679 #
Proposal for a regulation Article 24 – paragraph 2 2. For the purpose of carrying out the assessment referred to in Article 22(4)(b)
Amendment 680 #
Proposal for a regulation Article 24 – paragraph 2 a (new) Amendment 681 #
Proposal for a regulation Article 24 – paragraph 3 3.
Amendment 682 #
Proposal for a regulation Article 24 – paragraph 3 Amendment 683 #
Proposal for a regulation Article 24 – paragraph 3 3. Where the responsible Member State consults with one or several Member States during the manual processing of an application, the ETIAS National Units of those Member States shall have access to the relevant data of the application file as well as to the hits obtained by the automated system pursuant to Article 18 (2)
Amendment 684 #
Proposal for a regulation Article 24 – paragraph 5 Amendment 685 #
Proposal for a regulation Article 24 – paragraph 5 5. The ETIAS National Unit of the Member States consulted shall reply within
Amendment 686 #
Proposal for a regulation Article 24 – paragraph 5 5. The ETIAS National Unit of the Member States consulted shall reply within
Amendment 687 #
Proposal for a regulation Article 24 – paragraph 8 8. Where one or several Member States consulted provide a negative opinion on the application, without prejudice to Article 38, the responsible Member State shall refuse the travel authorisation pursuant to Article 31.
Amendment 688 #
Proposal for a regulation Article 25 Amendment 689 #
Proposal for a regulation Article 25 – paragraph 1 1. For the purpose of carrying out the assessment of security risks following a hit pursuant to Article 18(2)(j)
Amendment 690 #
Proposal for a regulation Article 25 – paragraph 2 2. Where the responsible Member State consults Europol, the ETIAS National Unit of that Member State shall transmit to Europol the relevant data of the application file as well as the hit(s) which are necessary for the purpose of the consultation. The ETIAS National Unit
Amendment 691 #
Proposal for a regulation Article 25 – paragraph 3 Amendment 692 #
Proposal for a regulation Article 25 – paragraph 3 Amendment 693 #
Proposal for a regulation Article 25 – paragraph 3 3. In any case, Europol shall not have access to the personal data concerning the
Amendment 694 #
Proposal for a regulation Article 25 – paragraph 5 5. Europol shall reply within
Amendment 695 #
Proposal for a regulation Article 25 – paragraph 5 5. Europol shall reply within
Amendment 696 #
Proposal for a regulation Article 26 – paragraph 1 – introductory part When an ETIAS application has been deemed admissible or an application for travel authorisation with limited territorial validity has been lodged, but the ETIAS Central System has not automatically issued the authorisation, the applicant shall immediately receive a notification via the email service: (a) acknowledging receipt of the application; (b) stating the maximum period for processing the application; (c) making it clear that, during processing of the application, the applicant may be asked to provide additional information or documentation or, in exceptional circumstances, attend an interview at a consulate; (d) giving the application number, enabling the applicant to make use of the verification tool provided for in Article 26a. Within 72 hours of the date of the lodging of an application which is admissible in accordance with Article 17, the applicant shall receive a notification indicating:
Amendment 697 #
Proposal for a regulation Article 26 – paragraph 1 – introductory part Within
Amendment 698 #
Proposal for a regulation Article 26 – paragraph 1 – introductory part Within
Amendment 699 #
Proposal for a regulation Article 26 – paragraph 1 – point b (b) if additional information or documentation is requested
Amendment 700 #
Proposal for a regulation Article 26 – paragraph 1 – point b a (new) (ba) the reasons, in clear terms, for any denial of travel authorisation.
Amendment 701 #
Proposal for a regulation Article 26 a (new) Article 26a Verification tool and account service The Commission shall adopt a delegated act setting up a verification tool for applicants to track the progress of their applications and check the period of validity and status of their travel authorisations (valid, denied, annulled or revoked) and an account service for applicants to provide any additional information and/or documentation required.
Amendment 702 #
Proposal for a regulation Article 27 – paragraph 1 1. Applications shall be decided on no later than
Amendment 703 #
Proposal for a regulation Article 27 – paragraph 1 1. Applications shall be decided on no later than
Amendment 704 #
Proposal for a regulation Article 27 – paragraph 1 1. Applications shall be decided on no later than
Amendment 705 #
Proposal for a regulation Article 27 – paragraph 2 2. Exceptionally, when a request for additional information or documentation is notified, or when the applicant is invited to a consulate, the period laid down in paragraph 1 shall be extended in accordance with Article 23. Such application shall in all cases be decided on no later than 72 hours after the submission of the additional information or documentation by the applicant.
Amendment 706 #
Proposal for a regulation Article 27 – paragraph 2 2. Exceptionally, when a request for additional information or documentation is notified, the period laid down in paragraph 1 shall be extended in accordance with Article 23. Such application shall in all cases be decided on no later than
Amendment 707 #
Proposal for a regulation Chapter 5 – title The ETIAS
Amendment 709 #
Proposal for a regulation Article 28 Amendment 710 #
Proposal for a regulation Article 28 Amendment 711 #
Proposal for a regulation Article 28 – paragraph 1 Amendment 712 #
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
Amendment 713 #
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 i
Amendment 714 #
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
Amendment 715 #
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
Amendment 716 #
Proposal for a regulation Article 28 – paragraph 2 – introductory part 2.
Amendment 717 #
Proposal for a regulation Article 28 – paragraph 2 – introductory part 2. The
Amendment 718 #
Proposal for a regulation Article 28 – paragraph 2 – introductory part 2. The i
Amendment 719 #
Proposal for a regulation Article 28 – paragraph 2 – introductory part 2. The
Amendment 720 #
Proposal for a regulation Article 28 – paragraph 2 – introductory part 2. The irregular migration
Amendment 721 #
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
Amendment 722 #
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
Amendment 723 #
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
Amendment 724 #
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 i
Amendment 725 #
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
Amendment 726 #
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
Amendment 727 #
Proposal for a regulation 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 (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 729 #
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
Amendment 730 #
Proposal for a regulation Article 28 – paragraph 2 – point f Amendment 731 #
Proposal for a regulation Article 28 – paragraph 3 Amendment 732 #
Proposal for a regulation Article 28 – paragraph 3 Amendment 733 #
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 i
Amendment 734 #
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
Amendment 735 #
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
Amendment 736 #
Proposal for a regulation Article 28 – paragraph 4 Amendment 737 #
Proposal for a regulation Article 28 – paragraph 4 – point c Amendment 738 #
Proposal for a regulation Article 28 – paragraph 4 – point c Amendment 739 #
Proposal for a regulation Article 28 – paragraph 4 – point c Amendment 740 #
Proposal for a regulation Article 28 – paragraph 4 – point c Amendment 741 #
Proposal for a regulation Article 28 – paragraph 4 – point d Amendment 742 #
Proposal for a regulation Article 28 – paragraph 4 – point d Amendment 743 #
Proposal for a regulation Article 28 – paragraph 4 – point d Amendment 744 #
Proposal for a regulation Article 28 – paragraph 4 – point d (d)
Amendment 745 #
Proposal for a regulation Article 28 – paragraph 5 Amendment 746 #
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
Amendment 747 #
Proposal for a regulation Article 28 – paragraph 6 Amendment 748 #
Proposal for a regulation 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 749 #
Proposal for a regulation Article 29 Amendment 750 #
Amendment 751 #
Proposal for a regulation 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
Amendment 752 #
Proposal for a regulation Article 29 – paragraph 1 1. The ETIAS watchlist shall consist of data related to persons who are suspected of having committed or taken part in a serious criminal offence as defined in Article 3 or persons regarding whom there are factual indications or reasonable grounds to believe that they will commit criminal offences.
Amendment 753 #
Proposal for a regulation Article 29 – paragraph 1 1. The ETIAS watchlist, as part of the Central System, shall consist of data related to persons who are suspected of having committed or taken part in a criminal offence or persons regarding whom there are factual indications or reasonable grounds to believe that they will commit criminal offences.
Amendment 754 #
Proposal for a regulation 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 whom it has been assessed that there are factual indications or
Amendment 755 #
Proposal for a regulation 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 Amendment 757 #
Proposal for a regulation 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
Amendment 758 #
Proposal for a regulation Article 29 – paragraph 3 – introductory part 3. On the basis of the information referred to in paragraph 2 and relevant Europol data, Europol shall
Amendment 761 #
Proposal for a regulation Article 29 – paragraph 3 a (new) 3a. The applicant should be informed by the Member State responsible of his or her registration in the watchlist.
Amendment 762 #
Proposal for a regulation Article 29 – paragraph 3 a (new) 3a. One year after ETIAS comes into operation, and every two years thereafter, the European Data Protection Supervisor shall submit to the European Parliament, the Council and the Commission a report assessing the impact, effectiveness and efficiency of ETIAS with regard to data protection.
Amendment 763 #
Proposal for a regulation Article 29 a (new) Amendment 764 #
Proposal for a regulation 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 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) Amendment 767 #
Proposal for a regulation Chapter 6 – title Issuing, refusal, update, annulment or revocation of a travel authorisation
Amendment 768 #
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
Amendment 769 #
Proposal for a regulation Article 30 – paragraph 1 1. Where the examination of an application pursuant to the procedures laid
Amendment 770 #
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 an i
Amendment 771 #
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
Amendment 772 #
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
Amendment 773 #
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 an irregular migration
Amendment 774 #
Proposal for a regulation Article 30 – paragraph 1 a (new) 1a. The ETIAS National Unit of the responsible Member State may attach a flag to the travel authorisation it issues, recommending further checks at the border crossing point. This flag shall only be visible to the border guards, it shall indicate the reason for such flag and it shall be removed automatically once the check has been carried out.
Amendment 775 #
Proposal for a regulation Article 30 – paragraph 1 a (new) 1a. The ETIAS National Unit of the responsible Member State may request, in accordance with the [SIS directive], that an alert for specific, [inquiry] or discreet check is created in SIS. Such alert may also be created upon the request of a consulted Member State.
Amendment 776 #
Proposal for a regulation Article 30 – paragraph 2 2. A travel authorisation shall be valid for
Amendment 777 #
Proposal for a regulation Article 30 – paragraph 2 2. A travel authorisation shall be valid for
Amendment 778 #
Proposal for a regulation Article 30 – paragraph 2 2. A travel authorisation shall be valid for
Amendment 779 #
Proposal for a regulation Article 30 – paragraph 2 2. A travel authorisation shall be valid for
Amendment 780 #
Proposal for a regulation Article 30 – paragraph 2 2. A travel authorisation shall be valid for
Amendment 781 #
Proposal for a regulation Article 30 – paragraph 3 Amendment 782 #
Proposal for a regulation Article 30 – paragraph 3 3. A travel authorisation shall not confer an automatic right of entry or right to stay.
Amendment 783 #
Proposal for a regulation Article 30 – paragraph 3 a (new) 3a. A travel authorization shall not preclude any actions regarding an alert on the SIS.
Amendment 784 #
Proposal for a regulation Article 30 a (new) Amendment 785 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 – point a Amendment 786 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 – point a (a) presents a travel document which is reported as lost, stolen or invalidated
Amendment 787 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 – point a a (new) (aa) has misrepresented him- or herself or omitted facts in the application;
Amendment 788 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 – point b Amendment 789 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 – point b Amendment 790 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 – point b Amendment 791 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 – point b Amendment 792 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 – point b (b) poses an i
Amendment 793 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 – point c (c) poses a
Amendment 794 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 – point c (c) poses a threat to security
Amendment 795 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 – point d Amendment 796 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 – point d Amendment 797 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 – point d Amendment 798 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 – point d Amendment 799 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 2 Amendment 800 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 2 A travel authorisation shall also be refused if there are reasonable, serious, and substantiated doubts as to the authenticity of the data, the reliability of the statements made by the applicant, the supporting documents provided by the applicant or the veracity of their contents.
Amendment 801 #
Proposal for a regulation Article 31 – paragraph 2 2. Applicants who have been refused a travel authorisation shall have the right to
Amendment 802 #
Proposal for a regulation Article 31 – paragraph 2 2. Applicants who have been refused a travel authorisation shall have
Amendment 803 #
Proposal for a regulation Article 31 – paragraph 2 2. Applicants who have been refused a travel authorisation shall have the right to appeal
Amendment 804 #
Proposal for a regulation Article 31 – paragraph 2 2. Applicants who have been refused a travel authorisation shall have the right to a
Amendment 805 #
Proposal for a regulation Article 32 – title Notification on the issuing or refusal of a travel authorisation or a travel authorisation with limited territorial validity.
Amendment 806 #
Proposal for a regulation Article 32 – paragraph 1 – introductory part 1. Where a travel authorisation or a travel authorisation with limited territorial validity has been issued, the applicant shall
Amendment 807 #
Proposal for a regulation Article 32 – paragraph 1 – point a (a) a clear indication that the travel authorisation or travel authorisation with limited territorial validity has been issued and the travel authorisation application number;
Amendment 808 #
Proposal for a regulation Article 32 – paragraph 1 – point b (b) the commencement and expiry dates of the validity period of the travel authorisation
Amendment 809 #
Proposal for a regulation Article 32 – paragraph 1 – point b a (new) (ba) a clear indication that upon entry the applicant will have to present the same travel document as that indicated in the application form and that any change of travel document will require a new application for a travel authorisation;
Amendment 810 #
Proposal for a regulation Article 32 – paragraph 1 – point c a (new) (ca) where applicable, the territory or territories of the Member States to which the applicant is authorised to travel;
Amendment 811 #
Proposal for a regulation Article 32 – paragraph 1 – point d (d) a link to the ETIAS public website containing information on the possibility for the applicant to revoke the travel authorisation
Amendment 812 #
Proposal for a regulation Article 32 – paragraph 1 – point d a (new) (da) a clear indication that the travel authorisation or travel authorisation with limited territorial validity does not constitute an entry authorisation and a reminder of the entry conditions provided for in Article 6 of Regulation (EU) 2016/399;
Amendment 813 #
Proposal for a regulation Article 32 – paragraph 1 – point d a (new) (da) the link to update the data provided in the application as referred to in Article 32a.
Amendment 814 #
Proposal for a regulation Article 32 – paragraph 2 – introductory part 2. Where a travel authorisation has been refused, the applicant shall
Amendment 815 #
Proposal for a regulation 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 816 #
Proposal for a regulation Article 32 – paragraph 2 – point c (c) the ground(s) for refusal of the travel authorisation
Amendment 817 #
Proposal for a regulation Article 32 – paragraph 2 – point d Amendment 818 #
Proposal for a regulation Article 32 – paragraph 2 – point d (d) information on the procedure to be followed for an appeal, including at least the national law applicable to the appeal, the competent authority, any procedural requirements and the time limit for lodging an appeal.
Amendment 819 #
Proposal for a regulation Article 32 – paragraph 2 – point d (d) information on the procedure to be followed for an appeal or a remedy.
Amendment 820 #
Proposal for a regulation Article 32 – paragraph 2 – point d (d) information on the procedure to be followed for an
Amendment 821 #
Proposal for a regulation Article 32 a (new) Article 32 a Update of data provided in the application 1. Holders of a travel authorisation are obliged to update the data provided in the application and referred to in Article 15 (2) (a) to (f) and (4) (a) to (d), as soon as data initially provided is no longer valid and no later than one week before entering the territory of the Member States. 2. The update and processing of this data shall be free of charge. 3. An examination of the updated data shall be carried out pursuant to the procedures laid down in Chapters III, IV and V and the holder of the travel authorisation shall be notified of its validity within 48hours.
Amendment 822 #
Proposal for a regulation Article 33 – paragraph 1 – point b (b)
Amendment 823 #
Proposal for a regulation Article 33 – paragraph 1 – point c (c)
Amendment 824 #
Proposal for a regulation Article 33 – paragraph 1 – point d (d) the commencement and expiry dates of the validity period of the travel authorisation where the period in question is shorter than provided for in Article 30;
Amendment 825 #
Proposal for a regulation 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 826 #
Proposal for a regulation Article 33 – paragraph 1 – point e (e) where appropriate, the ground(s) for refusal of the travel authorisation as laid down in Article 31(1).
Amendment 827 #
Proposal for a regulation Article 33 – paragraph 1 – point e a (new) (ea) additional information relevant to second-line checks related to one or more positive responses;
Amendment 828 #
Proposal for a regulation Article 34 – paragraph 3 3. A person whose travel authorisation has been annulled shall have the right to appeal. Applicants whose travel authorisation has been annulled must be notified of their right to obtain the information and grounds which led to that decision in order to assert their right of access to personal data concerning them and to appeal with the necessary guarantees with regard to the principles of the protection of individuals and respect for fundamental rights, as defined by European and international law. Appeals 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 829 #
Proposal for a regulation Article 34 – paragraph 3 3. A person whose travel authorisation has been annulled shall have the right to a
Amendment 830 #
Proposal for a regulation Article 34 – paragraph 3 3. A person whose travel authorisation has been annulled shall have the right to appeal
Amendment 831 #
Proposal for a regulation Article 35 – paragraph 3 3. Without prejudice to paragraph 2, where a new refusal of entry alert or a travel document as lost, stolen or invalidated is reported in the SIS, the SIS shall inform the ETIAS Central System. The ETIAS Central System shall verify whether this new alert corresponds to a valid travel authorisation. Where this is the case, the ETIAS Central System shall transfer the application file to the ETIAS
Amendment 832 #
Proposal for a regulation Article 35 – paragraph 4 Amendment 833 #
Proposal for a regulation Article 35 – paragraph 4 Amendment 834 #
Proposal for a regulation Article 35 – paragraph 4 4. New elements introduced by Europol in the ETIAS watchlist shall be compared to the data of the application files in the ETIAS Central System. Where the comparison results in a hit, the ETIAS National Unit of the responsible Member State
Amendment 835 #
Proposal for a regulation Article 35 – paragraph 4 a (new) 4a. Before notification of the revocation decision, the beneficiary of the travel authorisation shall be informed so that he or she can assert his or her rights and provide any information justifying his or her situation.
Amendment 836 #
Proposal for a regulation Article 35 – paragraph 5 5. An applicant whose travel authorisation has been revoked shall have the right to appeal. Applicants whose travel authorisation has been revoked shall have the right to obtain the information and grounds which led to that decision in order to assert their right of access to personal data concerning them and to appeal with the necessary guarantees with regard to the principles of protection of individuals and respect for fundamental rights, as defined by European law and international law. Appeals 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 837 #
Proposal for a regulation Article 35 – paragraph 5 5. An applicant whose travel authorisation has been revoked shall have the right to a
Amendment 838 #
Proposal for a regulation Article 35 – paragraph 5 5. An applicant whose travel authorisation has been revoked shall have the right to appeal
Amendment 839 #
Proposal for a regulation Article 36 – paragraph 1 – point b (b) a reference to the
Amendment 840 #
Proposal for a regulation 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 841 #
Proposal for a regulation Article 36 – paragraph 1 – point d (d) information on the procedure to be followed for an appeal, including at least the national law applicable to the appeal, the competent authority, any procedural requirements and the time limit for lodging an appeal.
Amendment 842 #
Proposal for a regulation Article 36 – paragraph 1 – point d (d) information on the procedure to be followed for an appeal or a remedy.
Amendment 843 #
Proposal for a regulation Article 36 – paragraph 1 – point d (d) information on the remedy procedure to be followed
Amendment 844 #
Proposal for a regulation Article 37 – paragraph 1 – introductory part 1. Where a decision has been taken to annul or to revoke a travel authorisation, the
Amendment 845 #
Proposal for a regulation Article 37 – paragraph 1 – point b (b) a reference to the
Amendment 846 #
Proposal for a regulation 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 847 #
Proposal for a regulation Article 37 a (new) Article 37 a Remedies 1. Any person may bring an action before the courts or the authority competent under the law of any Member State to obtain compensation or annulment regarding a refusal, annulment, or revocation of a travel authorisation relating to him or her. 2. The Member States undertake mutually to enforce final decisions handed down by the courts or authorities referred to in paragraph 1.
Amendment 848 #
Proposal for a regulation 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 849 #
Proposal for a regulation 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 850 #
Proposal for a regulation Article 38 – paragraph 1 1. A travel authorisation with limited territorial validity may be issued exceptionally, when the Member State or Member States concerned consider
Amendment 851 #
Proposal for a regulation Article 38 – paragraph 1 1. A travel authorisation with limited territorial validity
Amendment 852 #
Proposal for a regulation Article 38 – paragraph 1 1. A travel authorisation with limited territorial validity
Amendment 853 #
Proposal for a regulation Article 38 – paragraph 1 1. A travel authorisation with limited territorial validity may be issued exceptionally, when the Member State
Amendment 854 #
Proposal for a regulation Article 38 – paragraph 2 2. For the purposes of paragraph 1, the applicant may apply for a travel authorisation with limited territorial
Amendment 855 #
Proposal for a regulation 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 856 #
Proposal for a regulation Article 38 – paragraph 4 4. A travel authorisation with limited territorial validity shall be valid for the territory of the issuing Member State and for a maximum of 1
Amendment 857 #
Proposal for a regulation Article 38 – paragraph 4 4. A travel authorisation with limited territorial validity shall be valid for the territory of the issuing Member State
Amendment 858 #
Proposal for a regulation Article 38 – paragraph 4 4. A travel authorisation with limited territorial validity shall be valid for the territory of the issuing Member State and for a maximum of
Amendment 859 #
Proposal for a regulation Article 38 – paragraph 4 4. A travel authorisation with limited territorial validity shall be valid for the territory of
Amendment 860 #
Proposal for a regulation Article 38 – paragraph 5 – introductory part 5. Where a travel authorisation with territorial validity is issued or refused, the following data shall be entered in the application file:
Amendment 861 #
Proposal for a regulation Article 38 – paragraph 5 – point a (a) application number and status information indicating that the travel authorisation with limited territorial validity has been issued or refused;
Amendment 862 #
Proposal for a regulation Article 38 – paragraph 5 – point b (b) the territory or territories in which the travel authorisation holder is entitled to travel and, where appropriate, the period of validity of the authorisation where it is less than that provided for in paragraph 4;
Amendment 863 #
Proposal for a regulation Article 38 – paragraph 5 – point c (c) the
Amendment 864 #
Proposal for a regulation Article 38 – paragraph 5 – point c a (new) (ca) date of the decision to issue or refuse the travel authorisation with limited territorial validity;
Amendment 865 #
Proposal for a regulation Article 38 – paragraph 5 – point d (d) where appropriate, a reference to the humanitarian grounds, the reasons of national interest or the international obligations.
Amendment 866 #
Proposal for a regulation Article 38 – paragraph 5 – point d a (new) (da) the reasons why, if applicable, it was decided not to grant travel authorisation under the regular procedure, indicating therefore that the applicant presents a risk from the point of view of irregular migration, security or public health.
Amendment 867 #
Proposal for a regulation Article 38 – paragraph 5 – point d a (new) (da) where appropriate, the ground(s) for refusal of the travel authorisation with limited territorial validity.
Amendment 868 #
Proposal for a regulation Article 38 – paragraph 5 – point d b (new) (db) additional information relevant to second-line checks related to one or more positive responses;
Amendment 869 #
Proposal for a regulation Article 39 – paragraph 1 1.
Amendment 870 #
Proposal for a regulation Article 39 – paragraph 1 1.
Amendment 871 #
Proposal for a regulation Article 39 – paragraph 1 1. In accordance with Article 26 of the Convention Implementing the Schengen Agreement carriers shall consult the ETIAS Central System at the time of check-in of the passengers in order to verify whether or not third country nationals subject to the travel authorisation
Amendment 872 #
Proposal for a regulation Article 39 – paragraph 1 1.
Amendment 873 #
Proposal for a regulation Article 39 – paragraph 1 1.
Amendment 874 #
Proposal for a regulation Article 39 – paragraph 1 a (new) 1a. Such verification must never affect the right of asylum and may not constitute grounds for refusal for applicants and the beneficiaries of international protection, in particular with regard to the principle of non-refoulement.
Amendment 875 #
Proposal for a regulation Article 39 – paragraph 2 – subparagraph 1 Amendment 876 #
Proposal for a regulation Article 39 – paragraph 2 – subparagraph 1 A secure
Amendment 877 #
Proposal for a regulation 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
Amendment 878 #
Proposal for a regulation Article 39 – paragraph 2 – subparagraph 2 The ETIAS Central System shall respond by indicating whether or not the person has a valid travel authorisation and, where applicable, the territory or territories in which a travel authorisation with limited territorial validity is valid. Carriers may store the information sent and the answer received.
Amendment 879 #
Proposal for a regulation Article 39 – paragraph 2 – subparagraph 2 The ETIAS Central System shall respond by indicating whether or not the person has a valid travel authorisation. Carriers may store the information sent and the answer received until the booked date of travel or any new dates in case the travel has been re-booked.
Amendment 880 #
Proposal for a regulation 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 881 #
Proposal for a regulation Chapter 8 – title Use of ETIAS by border authorities at the external borders and by immigration authorities of Member States
Amendment 882 #
Proposal for a regulation Article 41 – paragraph 1 1.
Amendment 883 #
Proposal for a regulation Article 41 – paragraph 2 2. The ETIAS Central System shall respond by indicating whether or not the person has a valid travel authorisation and, where applicable, the territory or territories in which a travel authorisation with limited territorial validity is valid.
Amendment 884 #
Proposal for a regulation Article 41 – paragraph 2 2. The ETIAS Central System shall respond by indicating whether or not the person has a valid travel authorisation and, if applicable, for which Member State if they hold a travel authorisation with limited territorial validity.
Amendment 885 #
Proposal for a regulation Article 41 – paragraph 2 2. The ETIAS Central System shall respond by indicating whether or not the person has a valid travel authorisation
Amendment 886 #
Proposal for a regulation Article 41 – paragraph 2 a (new) 2a. If supplementary checks are needed for the purpose of a thorough second line check further to Article 2(13) of Regulation (EU) No 2016/399, border control officials shall secure access to the data referred to in Article 15(2) and Article 15(4)(b) to (d), inter alia further to Articles 33 and 37.
Amendment 887 #
Proposal for a regulation Article 41 – paragraph 2 a (new) 2a. The authorities competent for carrying out checks at external border crossing points shall, where appropriate, be authorised to consult the additional information relevant for second-line checks inserted in the application file in accordance with Article 33;
Amendment 888 #
Proposal for a regulation Article 42 – paragraph 1 1. Where it is technically impossible to proceed with the consultation referred to in Article 41(1), because of a failure of the ETIAS Information System, the Member State's authorities competent for carrying out checks at external border crossing points shall be notified immediately by the ETIAS Central Unit.
Amendment 889 #
Proposal for a regulation Article 42 – paragraph 2 2. Where it is technically impossible to perform the search referred to in Article 41(1) because of a failure of the national border infrastructure in a Member State, that Member State's competent authority
Amendment 890 #
Proposal for a regulation Article 42 – paragraph 3 3. In both scenarios, the Member State's competent authorities for carrying out checks at external border crossing points shall
Amendment 891 #
Proposal for a regulation 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 892 #
Proposal for a regulation Article 42 a (new) Article 42 a Access to data by immigration authorities of Member States The immigration authorities of the Member States may search the ETIAS Central System using the data contained in the machine readable zone of the travel documents for the purpose of checking or verifying if the conditions for entry or stay on the territory of the Member States are fulfilled and for the purpose of returns.
Amendment 893 #
Proposal for a regulation Article 43 Amendment 894 #
Proposal for a regulation Article 43 – title Member States' designated
Amendment 895 #
Proposal for a regulation Article 43 – paragraph 1 1. Member States shall designate the persons strictly entitled by the law enforcement authorities
Amendment 896 #
Proposal for a regulation Article 43 – paragraph 1 1. Member States shall designate the
Amendment 897 #
2. At national level, each Member State shall keep a list of the contact points within the designated authorities referred to in Article 8 (2) (c) that are authorised to request
Amendment 898 #
Proposal for a regulation Article 44 Amendment 899 #
Proposal for a regulation Article 44 – paragraph 1 1. The competent authorities shall submit a reasoned electronic request for
Amendment 900 #
Proposal for a regulation 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
Amendment 901 #
Proposal for a regulation Article 44 – paragraph 1 a (new) 1a. Where the EDPS has approved the request, the ETIAS Central Unit shall process the request for consultation of data stored in the ETIAS Central System.
Amendment 902 #
Proposal for a regulation 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
Amendment 903 #
Proposal for a regulation 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
Amendment 904 #
Proposal for a regulation Article 44 – paragraph 3 3. If the conditions referred to in Article 45 are fulfilled, the central access point shall process the requests.
Amendment 905 #
Proposal for a regulation Article 44 – paragraph 4 4. In an exceptional case of urgency, where there is a need to
Amendment 906 #
Proposal for a regulation Article 44 – paragraph 4 4.
Amendment 907 #
Proposal for a regulation 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 908 #
Proposal for a regulation Article 44 – paragraph 5 5. Where an ex post independent verification determines that the
Amendment 909 #
Proposal for a regulation Article 44 – paragraph 5 a (new) 5a. Any decision taken on the basis of this erroneous information must be annulled.
Amendment 911 #
Proposal for a regulation Article 45 – paragraph 1 – introductory part 1.
Amendment 912 #
Proposal for a regulation Article 45 – paragraph 1 – point a (a)
Amendment 913 #
Proposal for a regulation Article 45 – paragraph 1 – point a (a) the consultation is necessary for the purpose of the prevention, detection or investigation of a terrorist offence
Amendment 914 #
Proposal for a regulation Article 45 – paragraph 1 – point a (a) the consultation is necessary for the purpose of the prevention, detection or investigation of a terrorist offence
Amendment 915 #
Proposal for a regulation Article 45 – paragraph 1 – point b (b) access
Amendment 916 #
Proposal for a regulation Article 45 – paragraph 1 – point b (b) access for consultation is necessary
Amendment 917 #
Proposal for a regulation Article 45 – paragraph 1 – point b (b) access for consultation is necessary in a specific judicial case;
Amendment 918 #
Proposal for a regulation Article 45 – paragraph 1 – point c (c)
Amendment 919 #
Proposal for a regulation Article 45 – paragraph 1 – point c (c)
Amendment 920 #
Proposal for a regulation Article 45 – paragraph 2 – introductory part 2.
Amendment 924 #
Proposal for a regulation Article 45 – paragraph 3 – point c (c)
Amendment 925 #
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.
Amendment 926 #
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
Amendment 927 #
Proposal for a regulation Article 46 Amendment 928 #
Proposal for a regulation Article 46 Amendment 929 #
Proposal for a regulation Article 46 – paragraph 1 1. For the purposes of Article 1(2), Europol, subject to prior control by an independent court or authority, may request consultation of data stored in the ETIAS Central System and submit a reasoned electronic request for consultation of a specific set of data stored in the ETIAS Central System to the ETIAS Central Unit.
Amendment 930 #
Proposal for a regulation Article 46 – paragraph 1 1. For the purposes of Article 1(2), Europol may request consultation of data stored in the ETIAS Central System and submit a reasoned electronic request for consultation of a specific set of data stored in the ETIAS Central System to
Amendment 931 #
Proposal for a regulation 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 (b) the consultation is necessary
Amendment 933 #
Proposal for a regulation Article 46 – paragraph 2 – point b (b) the consultation is necessary in a specific judicial case;
Amendment 934 #
Proposal for a regulation Article 46 – paragraph 2 – point c (c) the consultation shall be limited to searching with data referred to in Article 45(2) and (3);
Amendment 935 #
Proposal for a regulation Article 46 – paragraph 2 – point d (d)
Amendment 936 #
Proposal for a regulation Article 46 – paragraph 3 3.
Amendment 937 #
Proposal for a regulation 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(
Amendment 938 #
Proposal for a regulation Article 46 – paragraph 5 5. Where the
Amendment 939 #
Proposal for a regulation Article 47 – paragraph 1 – point a (a)
Amendment 940 #
Proposal for a regulation Article 47 – paragraph 1 – point b Amendment 941 #
Proposal for a regulation Article 47 – paragraph 1 – point b Amendment 942 #
Proposal for a regulation Article 47 – paragraph 1 – point b (b) [five years from the last entry/exit record of the applicant stored in the EES; or]
Amendment 943 #
Proposal for a regulation Article 47 – paragraph 1 – point b (b) [
Amendment 944 #
Proposal for a regulation Article 47 – paragraph 1 – point b (b) [
Amendment 945 #
Proposal for a regulation Article 47 – paragraph 1 – point b (b) [
Amendment 946 #
Proposal for a regulation Article 47 – paragraph 1 – point c (c)
Amendment 947 #
Proposal for a regulation Article 47 – paragraph 1 – point c (c)
Amendment 948 #
Proposal for a regulation Article 47 – paragraph 1 – point c (c)
Amendment 949 #
Proposal for a regulation Article 47 – paragraph 1 – point c (c)
Amendment 950 #
Proposal for a regulation Article 47 – paragraph 1 – point c (c)
Amendment 951 #
Proposal for a regulation Article 48 – paragraph 5 – introductory part 5. Where a third country national with a travel authorisation has acquired the nationality of a Member State
Amendment 952 #
Proposal for a regulation Article 48 – paragraph 5 – introductory part 5. Where a third country national has acquired the nationality of a Member State or has fallen under the scope of Article 2(2)(a) to (
Amendment 953 #
Proposal for a regulation Article 48 – paragraph 5 – point c Amendment 954 #
Proposal for a regulation Article 48 – paragraph 5 – point d Amendment 955 #
Proposal for a regulation Article 48 – paragraph 5 a (new) 5a. Where a third country national has fallen under the scope of Article 2(2)(d) or (e), the authorities of that Member State shall verify whether that person has a valid travel authorisation and, where relevant, shall delete the application file without delay from the ETIAS Central System if the period of validity of the residence card or residence permit or long-stay visa is longer than the remaining period of validity of the ETIAS. The authority responsible for deleting the application file shall be: (a) the ETIAS National Unit of the Member State that issued the residence permit or card; (b) the ETIAS National Unit of the Member State that issued the long-stay visa.
Amendment 956 #
Proposal for a regulation Article 48 – paragraph 6 6. Where a third country national
Amendment 957 #
Proposal for a regulation Article 48 a (new) Article 48 a Remedies 1. Any person may bring an action before the courts or the authority competent under the law of any Member State to access, correct, delete or obtain information or to obtain compensation in connection with a refusal of the authorization. 2. The Member States undertake mutually to enforce final decisions handed down by the courts or authorities referred to in paragraph 1. 3. The rules on remedies provided for in this Article shall be evaluated by the Commission by 2 years from the entry into force of this Regulation.
Amendment 958 #
Proposal for a regulation Article 49 – paragraph 1 1. Regulation (EC) No 45/2001 shall apply to the processing of personal data by the European Border and Coast Guard Agency, Europol and eu-LISA.
Amendment 959 #
Proposal for a regulation 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 960 #
Proposal for a regulation Article 49 – paragraph 2 2. Where those activities fall within its scope, [Regulation 2016/679] shall apply to the processing of personal data by the ETIAS National Units.
Amendment 961 #
Proposal for a regulation Article 49 – paragraph 3 3. [Directive (EU) 2016/680] shall apply to the processing
Amendment 962 #
Proposal for a regulation 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 963 #
Proposal for a regulation Article 49 – paragraph 3 3. Where those activities fall within its scope, [Directive (EU) 2016/680] shall apply to the processing by Member States designated authorities for the purposes of Article 1(2).
Amendment 964 #
Proposal for a regulation 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 965 #
Proposal for a regulation Article 49 – paragraph 4 4. Regulation (EU) 2016/794 shall apply to the processing of personal data by Europol pursuant to Article
Amendment 966 #
Proposal for a regulation 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 967 #
Proposal for a regulation Article 50 – paragraph 1 1.
Amendment 968 #
Proposal for a regulation Article 51 – paragraph 1 Amendment 970 #
Proposal for a regulation Article 52 – paragraph 1 1.
Amendment 971 #
Proposal for a regulation Article 52 – paragraph 1 1.
Amendment 972 #
Proposal for a regulation Article 53 Amendment 973 #
Proposal for a regulation Article 53 – paragraph 1 Amendment 975 #
Proposal for a regulation Article 54 – paragraph 2 – subparagraph 1 In order to exercise their rights under Articles 13, 14, 15 and 16 of Regulation (EC) 45/2001 and Article 15, 16, 17 and 18 of [Regulation (EU) 2016/679] any applicant shall have the right to address him or herself to the ETIAS Central Unit or to the ETIAS National Unit responsible for the application, who shall examine and reply to the request. The person concerned must have the opportunity to appeal before the courts, with suspensive effect, as soon as possible.
Amendment 976 #
Proposal for a regulation Article 54 – paragraph 2 – subparagraph 3 Amendment 977 #
Proposal for a regulation 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
Amendment 978 #
Proposal for a regulation Article 54 – paragraph 2 – subparagraph 3 Where a travel authorisation is amended by the ETIAS Central Unit or an ETIAS National Unit during its validity period, the ETIAS Central System shall carry out the automated processing laid down in Article 18 to determine whether the amended application file triggers a hit pursuant to Article 18(2) to (5). Where the automated processing does not report any hit, the ETIAS Central System shall issue an amended travel authorisation with the same validity of the original and notify the applicant. Where the automated processing reports one or several hit(s), the ETIAS National Unit of the Member State of first entry as declared by the applicant in accordance with Article 15(2)(j) shall assess the
Amendment 979 #
Proposal for a regulation 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
Amendment 980 #
Proposal for a regulation 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
Amendment 981 #
Proposal for a regulation Article 54 – paragraph 2 – subparagraph 3 Where a travel authorisation is amended by the ETIAS Central Unit or an ETIAS National Unit during its validity period, the ETIAS Central System shall carry out the automated processing laid down in Article 18 to determine whether the amended application file triggers a hit pursuant to Article 18(2) to (5). Where the automated processing does not report any hit, the ETIAS Central System shall issue an amended travel authorisation with the same validity of the original and notify the applicant. Where the automated processing reports one or several hit(s), the ETIAS National Unit of the Member State of first entry as declared by the applicant in accordance with Article 15(2)(j) shall assess the i
Amendment 982 #
Proposal for a regulation Article 55 – paragraph 1 1. Personal data stored in the ETIAS Central System
Amendment 983 #
Proposal for a regulation Article 55 – paragraph 2 Amendment 984 #
Proposal for a regulation Article 55 – paragraph 2 2. Personal data accessed from the ETIAS Central System by a Member State or
Amendment 985 #
Proposal for a regulation Article 55 – paragraph 2 2. Personal data accessed from the ETIAS Central System by a Member State
Amendment 986 #
Proposal for a regulation 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)
Amendment 987 #
Proposal for a regulation 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) Amendment 989 #
Proposal for a regulation Article 56 – title Amendment 990 #
Proposal for a regulation Article 56 – paragraph 2 2. Member States shall ensure that their supervisory authority has sufficient resources and expertise to fulfil the tasks entrusted to it under this Regulation.
Amendment 991 #
Proposal for a regulation Article 56 – paragraph 3 a (new) 3a. All the information gathered in this framework shall be forwarded to eu- LISA to enable it to carry out its monitoring tasks in accordance with Articles 50, 51 and 52 and to the EDPS to enable it to carry out its controls, as set out in Article 57.
Amendment 992 #
Proposal for a regulation Article 56 – paragraph 3 a (new) 3a. A report of the audit shall be made public.
Amendment 993 #
Proposal for a regulation Article 57 – title Amendment 994 #
Proposal for a regulation Article 57 – paragraph 1 The European Data Protection Supervisor shall ensure that an audit of eu-LISA's and the ETIAS Central Unit personal data processing activities is carried out in accordance with relevant international auditing standards at least every four years. A report of that audit shall be sent to the European Parliament, the Council, eu- LISA, the Commission and the Member States, and shall be made public. eu-LISA and the European Border and Coast Guard Agency shall be given an opportunity to make comments before their reports are adopted. The EDPS shall be provided with sufficient resources and expertise to fulfil the tasks entrusted to it under this Regulation.
Amendment 995 #
Proposal for a regulation Article 57 – paragraph 1 The European Data Protection Supervisor shall ensure that an audit of the European Border and Coast Guard Agency’s, eu- LISA
Amendment 996 #
Proposal for a regulation Article 57 – paragraph 1 a (new) For those purposes, the European Data Protection Supervisor must have the necessary resources, including material resources and the necessary information.
Amendment 997 #
Proposal for a regulation Article 58 – paragraph 1 1.
Amendment 998 #
Proposal for a regulation Article 58 – paragraph 2 2. In cases referred to under paragraph 1, the European Data Protection Supervisor and the national supervisory authorities competent for data protection supervision
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