BETA


2019/0001(COD) Conditions for accessing the other EU information systems

Progress: Awaiting Parliament's position in 1st reading

RoleCommitteeRapporteurShadows
Lead LIBE LENAERS Jeroen (icon: EPP EPP) TUDORACHE Dragoş (icon: Renew Renew), BERG Lars Patrick (icon: ID ID), BREYER Patrick (icon: Verts/ALE Verts/ALE), BUXADÉ VILLALBA Jorge (icon: ECR ECR), PELLETIER Anne-Sophie (icon: Confederal Group of the European United Left Confederal Group of the European United Left)
Former Responsible Committee LIBE
Committee Opinion AFET
Committee Opinion TRAN
Former Committee Opinion AFET
Former Committee Opinion TRAN
Lead committee dossier:
Legal Basis:
TFEU 082-p1, TFEU 087-p2

Events

2021/05/17
   Indicative plenary sitting date, 1st reading/single reading
2020/12/16
   EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2020/12/14
   EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2020/12/11
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Jeroen LENAERS (EPP, NL) on the proposal for a regulation of the European Parliament and of the Council establishing the conditions for accessing the other EU information systems and amending Regulation (EU) 2018/1862 and Regulation (EU) 2019/816.

As a reminder, the proposal for a regulation defines the technical amendments necessary to fully set up the European Travel Information and Authorisation System (ETIAS). It amends the legal acts establishing the EU information systems that are necessary for establishing their relation with ETIAS.

The committee considered that, following the recommendations of the substitute impact assessment by the European Parliament Research Services, improvements were needed as regards certain articles.

The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:

Flagging of third country nationals

The ETIAS Central System should build upon the EES Central System’s hardware and software components in order to establish a shared identity repository for the storage of the identity alphanumeric data of both ETIAS applicants and third-country nationals registered in EES.

ETIAS should be able to verify if correspondences exist between data in the ETIAS application files and the European Criminal Records Information System – Third Country Nationals (‘ECRIS-TCN’) data in the Common Identity Repository (‘CIR’) as regards which Member States hold conviction information on third-country nationals and stateless persons for a terrorist offence over the previous 20 years or other serious criminal offence over the previous 10 years, as listed in the Annex to Regulation (EU) 2018/1240 where those criminal offences are punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years.

The committee proposed that the flags and the code of the convicting Member State(s) should be accessible and searchable only by the ETIAS Central System and should not be visible to any authority other than the central authority of the convicting Member State that created the flagged record.

Where the expiry of the retention period concerns flags, the central authority of the convicting Member State shall erase the flags from the Central System and the CIR. This erasure should be done automatically.

The CIR shall be connected to the European Search Portal. The Portal should enable the data stored in ETIAS to be compared to the data stored in every other EU information system by means of a single query.

Alerts

Members considered that it is necessary, for the purposes of ensuring the full attainment of ETIAS objectives, as well as to further the Schengen Information System objectives, to include in the scope of the automated verifications new alert categories introduced by the recent revision of SIS, namely the alert on persons subject to inquiry checks and the alert on third-country nationals subject to a return decision.

Monitoring and evaluation

The provisions regarding monitoring and statistics have been strengthened in such a way as to make sure that the Commission will need to regularly evaluate the querying of the ECRIS-TCN system by the ETIAS system and inform the European Parliament and the European Data Protection Supervisor and to the European Union Agency for Fundamental Rights.

Documents
2020/12/07
   EP - Vote in committee, 1st reading/single reading
2020/12/07
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2020/10/01
   EP - Amendments tabled in committee
Documents
2020/09/02
   EP - Committee draft report
Documents
2019/10/21
   EP - Committee referral announced in Parliament, 1st reading/single reading
2019/09/24
   EP - LENAERS Jeroen (EPP) appointed as rapporteur in LIBE
2019/01/17
   EP - Committee referral announced in Parliament, 1st reading/single reading
2019/01/07
   EC - Legislative proposal published
Details

PURPOSE: to define the technical amendments necessary to fully set up the European Travel Information and Authorisation System (ETIAS).

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 the Council.

BACKGROUND: Regulation (EU) 2018/1240 of the European Parliament and of the Council created the European Travel Information and Authorisation System (ETIAS) for third-country nationals exempt from the requirement to be in possession of a visa when crossing external borders. It laid down the conditions and procedures to issue or refuse a travel authorisation.

ETIAS shall determine the eligibility of visa-exempt third-country nationals prior to their travel to the Schengen Area and whether such travel poses a security, irregular migration or high epidemic risk.

The ETIAS Regulation provides that the personal data contained in the applications will be compared with the data contained in records, files or alerts:

- in alerts recorded in other EU information systems or databases (the ETIAS Central System, the Schengen Information System (SIS), the Visa Information System (VIS), the Entry/Exit System (EES) or Eurodac), and the European Criminal Records Information System for third-country nationals (ECRIS-TCN);

- in Europol data;

- in the Interpol databases (the Interpol Stolen and Lost Travel Document database (SLTD) or the Interpol Travel Documents Associated with Notices database (TDAWN)).

Not all data are collected or recorded in the same way in the other EU information systems and Europol data. For instance, ‘first names of parents of applicants’ are collected by ETIAS, but not in most of the other systems to be queried by ETIAS.

In order to enable the verification referred to in Article 20 of Regulation (EU) 2018/1240, it is necessary to amend the legal acts establishing the European Union's information systems to ensure interoperability with ETIAS. Without this interoperability, ETIAS cannot enter into service.

CONTENT: the proposal defines the technical amendments necessary to fully set up the ETIAS system. It amends the legal acts establishing the EU information systems that are necessary for establishing their relation with ETIAS.

Consequently, it amends Regulation (EU) 2018/1862 of the European Parliament and of the Council establishing the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters and Regulation (EU) of the European Parliament and of the Council ( ECRIS-TCN ), which has been the subject of a political agreement between the co-legislators, in order to connect the ETIAS central system to other EU information systems and Europol data and to specify the data to be exchanged with these EU information systems and with Europol data.

As compared to the ETIAS Regulation, this proposal only specifies in more details which data is to be compared to which data in the other EU information systems and provides with the necessary amendments as regards granting access rights to those other systems to ETIAS Central and National Units.

The proposal builds on the Schengen acquis on the crossing of external borders and visas. It therefore takes into account the consequences of the various protocols and agreements signed with the associated countries.

Documents

Votes

Modifications corrélatives du règlement ETIAS: coopération policière et judiciaire - ETIAS consequential amendments: police and judicial cooperation - ETIAS-Folgeänderungen: polizeiliche und justizielle Zusammenarbeit - A9-0254/2020 - Jeroen Lenaers - Am 42

2021/06/07 Outcome: +: 437, 0: 138, -: 120
IT PL FR RO DE HU ES NL BG SK CZ BE AT DK SE HR SI LT EE EL FI LV LU PT MT IE CY
Total
75
49
78
33
96
20
59
29
17
14
20
21
19
14
20
12
8
11
7
21
13
7
6
21
6
13
6
icon: PPE PPE
175

Hungary PPE

1

Denmark PPE

For (1)

1

Estonia PPE

For (1)

1

Latvia PPE

2

Luxembourg PPE

2

Malta PPE

2
2
icon: Renew Renew
98

Italy Renew

2

Hungary Renew

2

Austria Renew

For (1)

1
3

Croatia Renew

For (1)

1

Slovenia Renew

2

Lithuania Renew

1

Estonia Renew

3

Finland Renew

3

Latvia Renew

For (1)

1

Luxembourg Renew

2

Ireland Renew

2
icon: ID ID
71

Netherlands ID

Against (1)

1

Czechia ID

For (1)

Against (1)

2
3

Denmark ID

For (1)

1

Estonia ID

For (1)

1

Finland ID

2
icon: ECR ECR
59

Romania ECR

Abstain (1)

1

Bulgaria ECR

2

Slovakia ECR

For (1)

1

Croatia ECR

For (1)

1

Lithuania ECR

1

Greece ECR

1

Latvia ECR

For (1)

1
icon: NI NI
38

Germany NI

3

Netherlands NI

1

Slovakia NI

2

Croatia NI

Abstain (1)

2

Lithuania NI

1
icon: S&D S&D
143

Slovakia S&D

For (1)

3

Czechia S&D

Abstain (1)

1

Belgium S&D

3

Slovenia S&D

Abstain (2)

2

Lithuania S&D

2

Estonia S&D

2

Greece S&D

For (1)

Abstain (1)

2

Finland S&D

Abstain (1)

1

Latvia S&D

2

Luxembourg S&D

Abstain (1)

1

Cyprus S&D

2
icon: The Left The Left
38

Netherlands The Left

Against (1)

1

Belgium The Left

Against (1)

1

Denmark The Left

Against (1)

1

Sweden The Left

Against (1)

1

Finland The Left

Against (1)

1

Portugal The Left

4

Ireland The Left

4

Cyprus The Left

2
icon: Verts/ALE Verts/ALE
73

Poland Verts/ALE

Against (1)

1

Spain Verts/ALE

3

Netherlands Verts/ALE

3

Czechia Verts/ALE

3

Belgium Verts/ALE

3

Austria Verts/ALE

3

Denmark Verts/ALE

2

Sweden Verts/ALE

3

Lithuania Verts/ALE

2

Finland Verts/ALE

3

Latvia Verts/ALE

Against (1)

1

Luxembourg Verts/ALE

Against (1)

1

Portugal Verts/ALE

Against (1)

1

Ireland Verts/ALE

2
AmendmentsDossier
59 2019/0001(COD)
2020/10/02 LIBE 59 amendments...
source: 658.804

History

(these mark the time of scraping, not the official date of the change)

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  • name: MORAES Claude group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
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  • name: BERG Lars Patrick group: Identity and Democracy abbr: ID
  • name: BUXADÉ VILLALBA Jorge group: European Conservatives and Reformists Group abbr: ECR
  • name: PELLETIER Anne-Sophie group: Confederal Group of the European United Left - Nordic Green Left abbr: GUE/NGL
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              • type: Responsible Committee body: EP associated: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE date:
              • type: Former Responsible Committee body: EP associated: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE date:
              • type: Committee Opinion body: EP associated: False committee_full: Foreign Affairs committee: AFET date:
              • type: Committee Opinion body: EP associated: False committee_full: Transport and Tourism committee: TRAN date:
              • type: Former Committee Opinion body: EP associated: False committee_full: Foreign Affairs committee: AFET date:
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              events
              • date: 2019-01-07T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2019/0003/COM_COM(2019)0003_EN.pdf title: COM(2019)0003 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2019&nu_doc=0003 title: EUR-Lex summary: PURPOSE: to define the technical amendments necessary to fully set up the European Travel Information and Authorisation System (ETIAS). 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 the Council. BACKGROUND: Regulation (EU) 2018/1240 of the European Parliament and of the Council created the European Travel Information and Authorisation System (ETIAS) for third-country nationals exempt from the requirement to be in possession of a visa when crossing external borders. It laid down the conditions and procedures to issue or refuse a travel authorisation. ETIAS shall determine the eligibility of visa-exempt third-country nationals prior to their travel to the Schengen Area and whether such travel poses a security, irregular migration or high epidemic risk. The ETIAS Regulation provides that the personal data contained in the applications will be compared with the data contained in records, files or alerts: - in alerts recorded in other EU information systems or databases (the ETIAS Central System, the Schengen Information System (SIS), the Visa Information System (VIS), the Entry/Exit System (EES) or Eurodac), and the European Criminal Records Information System for third-country nationals (ECRIS-TCN); - in Europol data; - in the Interpol databases (the Interpol Stolen and Lost Travel Document database (SLTD) or the Interpol Travel Documents Associated with Notices database (TDAWN)). Not all data are collected or recorded in the same way in the other EU information systems and Europol data. For instance, ‘first names of parents of applicants’ are collected by ETIAS, but not in most of the other systems to be queried by ETIAS. In order to enable the verification referred to in Article 20 of Regulation (EU) 2018/1240, it is necessary to amend the legal acts establishing the European Union's information systems to ensure interoperability with ETIAS. Without this interoperability, ETIAS cannot enter into service. CONTENT: the proposal defines the technical amendments necessary to fully set up the ETIAS system. It amends the legal acts establishing the EU information systems that are necessary for establishing their relation with ETIAS. Consequently, it amends Regulation (EU) 2018/1862 of the European Parliament and of the Council establishing the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters and Regulation (EU) of the European Parliament and of the Council ( ECRIS-TCN ), which has been the subject of a political agreement between the co-legislators, in order to connect the ETIAS central system to other EU information systems and Europol data and to specify the data to be exchanged with these EU information systems and with Europol data. As compared to the ETIAS Regulation, this proposal only specifies in more details which data is to be compared to which data in the other EU information systems and provides with the necessary amendments as regards granting access rights to those other systems to ETIAS Central and National Units. The proposal builds on the Schengen acquis on the crossing of external borders and visas. It therefore takes into account the consequences of the various protocols and agreements signed with the associated countries.
              • date: 2019-01-17T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
              procedure
              reference
              2019/0001(COD)
              title
              Conditions for accessing the other EU information systems
              subject
              type
              COD - Ordinary legislative procedure (ex-codecision procedure)
              subtype
              Legislation
              instrument
              legal_basis
              stage_reached
              Awaiting committee decision
              dossier_of_the_committee
              LIBE/9/00415