BETA


2019/0002(COD) ETIAS consequential amendments: borders and visa

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE LENAERS Jeroen (icon: EPP EPP) VITANOV Petar (icon: S&D S&D), TUDORACHE Dragoş (icon: Renew Renew), BREYER Patrick (icon: Verts/ALE Verts/ALE), BERG Lars Patrick (icon: ID ID), BUXADÉ VILLALBA Jorge (icon: ECR ECR), PELLETIER Anne-Sophie (icon: GUE/NGL GUE/NGL)
Former Responsible Committee LIBE
Committee Opinion AFET
Committee Opinion TRAN
Former Committee Opinion AFET
Former Committee Opinion TRAN
Lead committee dossier:
Legal Basis:
TFEU 077-p2

Events

2021/07/14
   Final act published in Official Journal
2021/07/07
   CSL - Draft final act
Documents
2021/07/07
   CSL - Final act signed
2021/06/28
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2021/06/07
   EP - Text adopted by Parliament, 1st reading/single reading
Documents
2021/06/07
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted a legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing the conditions for accessing other EU information systems for ETIAS purposes and amending Regulation (EU) 2018/1240, Regulation (EC) No 767/2008, Regulation (EU) 2017/2226 and Regulation (EU) 2018/1861.

The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal as follows:

Access from the ETIAS Central Unit to other EU information systems, Europol data and Interpol databases

Regulation (EU) 2018/1240 of the European Parliament and of the Council established the European Travel Information and Authorisation System (ETIAS) for third-country nationals exempt from the visa requirement when crossing the external borders of the Union. ETIAS makes it possible to assess whether the presence of such third-country nationals on the territory of the Member States would pose a security or illegal immigration risk or a high epidemic risk.

This Regulation amends Regulations of the European Parliament and of the Council (EU) 2018/1240, (EC) No 767/2008, (EU) 2017/2226, (EU) and 2018/1861 in order to enable the ETIAS central system to carry out checks against the Schengen Information System (SIS), the Visa Information System ( VIS ) the Entry/Exit System ( EES ), Eurodac and the database on criminal records of third-country nationals ( ECRIS-TCN ), as well as Europol data and the Interpol databases on Stolen and Lost Travel Documents (SLTD) and Travel Documents Associated with Notices (TDAWN).

The amending regulation allows the connection of the ETIAS Central System to these databases and defines the data that can be accessed for ETIAS purposes, as well as the conditions and rights of access of the ETIAS Central Unit and the ETIAS National Units. Access to the relevant data in these systems should enable the authorities to assess the security or immigration risk of applicants and to decide whether to issue or refuse a travel authorisation.

Access by Member States, through the ETIAS National Units, to other EU information systems should be in accordance with their participation in the various legal instruments.

Application form and personal data of the applicant

The amended text specifies that the applicant will have to answer the questions by indicating whether he or she has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex, and if so when and in which country.

Automated processing

The ETIAS Central System should send an automated notification to the ETIAS Central Unit.

The European Search Portal (ESP) , established by Regulation (EU) 2019/817 and Regulation (EU) 2019/818 of the European Parliament and of the Council, should enable the data stored in ETIAS and the data stored in the other EU information systems concerned to be queried in parallel.

The ETIAS Central System should verify:

- whether the travel document used for the application corresponds to a travel document reported lost, stolen, misappropriated or invalidated in SIS;

- whether the applicant is subject to a refusal of entry and stay alert entered in SIS;

- whether the applicant is currently reported as an overstayer or whether he or she has been reported as an overstayer in the past in the EES;

- whether the applicant is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS.

Where there are doubts about the identity of the applicant or where the automated verifications have reported a hit, the application should be processed manually by the competent authorities.

The ETIAS Central Unit should provide periodical reports to the Commission and eu-LISA on false hits that are generated during the automated checks.

Refusal of authorisation

Applicants who have been refused a travel authorisation should have the right to appeal. Appeals should be conducted in the Member State that has taken the decision on the application and in accordance with the national law of that Member State.

During the appeal procedure, the appellant should be given access to the information in the application file in accordance with the data protection rules of this Regulation. The ETIAS National Unit of the Member State responsible should provide applicants with information regarding the appeal procedure. That information should be provided in one of the official languages of the countries listed in Annex II to Regulation (EC) No 539/2001 of which the applicant is a national.

Fallback procedures in case of technical impossibility of access to data by carriers

Where technical difficulties make it impossible for carriers to access the ETIAS Information System through the carrier gateway, the ETIAS Central Unit should provide operational support to carriers in order to limit the impact on passenger travel and carriers to the extent possible.

Implementation

The Commission may adopt delegated acts concerning the definition of the conditions for matching data contained in a record, alert or file of other EU information systems consulted with data contained in an ETIAS application file.

It may adopt implementing acts (i) to establish the technical arrangements for the implementation of certain data retention provisions and to further specify the rules concerning the support to be provided to carriers by the ETIAS Central Unit and (ii) to lay down the details of fallback procedures in case of technical impossibility for carriers to access the data and to further specify the rules concerning the support to be provided to carriers by the ETIAS Central Unit.

Documents
2021/06/07
   EP - End of procedure in Parliament
2021/04/13
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
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
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 other EU information systems for ETIAS purposes and amending Regulation (EU) 2018/1240, Regulation (EC) No 767/2008, Regulation (EU) 2017/2226 and Regulation (EU) 2018/1861.

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:

Automated processing

The ETIAS Central System should compare the relevant data to the data present in a record, file or alert registered in the ETIAS Central System, SIS, the EES, VIS, Eurodac, ECRIS-TCN, Europol data and Interpol SLTD and TDAWN databases.

In particular, the ETIAS Central System should verify:

- whether the applicant corresponds to a person whose data is recorded in the ECRIS-TCN for a conviction in the past 20 years for terrorists offences or a conviction in the past 10 years for any other serious criminal offences 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;

- whether the applicant is subject to an alert on return entered in SIS.

ETIAS Central Unit

Members proposed that the ETIAS Central Unit should provide periodical reports to the Commission and eu-Lisa concerning false hits generated during the automated processing. The Central Unit should seek the

cooperation of and information from ETIAS National Units in that regard.

Manual processing of applications by the ETIAS National Units

In the event of hits on SIS Return, the ETIAS national Unit of the Member State that is processing the application should:

- where the return decision is accompanied by an entry ban, immediately inform the issuing Member State through the exchange of supplementary information. The issuing Member State should immediately delete the alert on return and enter an alert for refusal of entry and stay;

- where the return decision is not accompanied by an entry ban, immediately inform the issuing Member State through the exchange of supplementary information, in order that the issuing Member State delete the alert on return without delay.

Where hits are identified, the European Search Portal should provide temporary read-only access to the results of the automated processing in the application file to the ETIAS Central Unit, until the end of the manual process. Where the data made available correspond to those of the applicant or where doubts remain, the unique ID code of the data having triggered a hit should be kept in the application file.

Fallback procedures in the case of a technical impossibility to access data by carriers

Members stressed that the ETIAS Central Unit should provide operational support to carriers. The ETIAS Central Unit should establish procedures to provide such support in Standard Operational Procedures. The Commission should, by means of implementing acts, specify the nature and the extent of the support to be provided and the means to provide such support.

Documents
2020/12/07
   EP - Vote in committee, 1st 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
2019/09/24
   EP - LENAERS Jeroen (EPP) appointed as rapporteur in LIBE
2019/01/17
   EP - Committee referral announced in Parliament, 1st reading
2019/01/07
   EC - Legislative proposal
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 enables 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.

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.

As a result, it is necessary to amend Regulations of the European Parliament and of the Council (EU) 2018/1240, (EC) No 767/2008 , (EU) 2017/2226 , (EU) 2018/1861 (SIS border) in order to connect the ETIAS Central System to the other EU information systems and to Europol data and to specify the data that will be sent to and from those EU information systems and 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.

This proposal therefore presents amendments to the ETIAS Regulation to specify that the ETIAS Central System would 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. This shared identity repository would be the basis for the implementation of the common identity repository once the co-legislators adopt the legislative proposals on the interoperability of information systems.

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: frontières et visas - ETIAS consequential amendments: borders and visa - ETIAS-Folgeänderungen: Grenzen und Visa - A9-0255/2020 - Jeroen Lenaers - Am 66

2021/06/07 Outcome: +: 435, 0: 141, -: 119
IT PL FR RO DE HU ES NL BG SK CZ BE SE AT DK HR SI LT EE EL FI LV LU PT MT CY IE
Total
75
49
78
33
96
20
59
29
17
14
20
21
20
19
14
12
8
11
7
21
13
7
6
21
6
6
13
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
3

Austria Renew

For (1)

1

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

Sweden The Left

Against (1)

1

Denmark The Left

Against (1)

1

Finland The Left

Against (1)

1

Portugal The Left

4

Cyprus The Left

2

Ireland The Left

4
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

Sweden Verts/ALE

For (1)

3

Austria Verts/ALE

3

Denmark Verts/ALE

2

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
84 2019/0002(COD)
2020/10/02 LIBE 84 amendments...
source: 658.805

History

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

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Civil Liberties, Justice and Home Affairs
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LIBE
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shadows
committees/0
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Responsible Committee
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EP
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Civil Liberties, Justice and Home Affairs
committee
LIBE
rapporteur
name: LENAERS Jeroen date: 2019-09-24T00:00:00 group: Group of European People's Party abbr: EPP
shadows
events/5
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2020-12-11T00:00:00
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Committee report tabled for plenary, 1st reading/single reading
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EP
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2020-12-14T00:00:00
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Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
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2020-12-16T00:00:00
type
Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
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procedure/Legislative priorities
  • title: Joint Declaration 2021 url: https://oeil.secure.europarl.europa.eu/oeil/popups/thematicnote.do?id=2066000&l=en
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Old
Awaiting committee decision
New
Awaiting Parliament's position in 1st reading
commission/0/commissioner
Old
AVRAMOPOULOS Dimitris
New
JOHANSSON Ylva
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2020-12-07T00:00:00
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Committee decision to open interinstitutional negotiations with report adopted in committee
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2020-10-01T00:00:00
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title: PE658.805
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  • date: 2020-09-02T00:00:00 docs: title: PE655.702 type: Committee draft report body: EP
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title
EUR-Lex
committees/0/shadows
  • name: TUDORACHE Dragoş group: Renew Europe group abbr: Renew
  • name: BREYER Patrick group: Group of the Greens/European Free Alliance abbr: Verts/ALE
  • 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
events/2
date
2019-10-21T00:00:00
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EP
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False
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  • name: LENAERS Jeroen date: 2019-09-24T00:00:00 group: Group of European People's Party abbr: EPP
committees/0/date
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              • body: EC dg: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
              committees
              • 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:
              • type: Former Committee Opinion body: EP associated: False committee_full: Transport and Tourism committee: TRAN date:
              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/2019/0004/COM_COM(2019)0004_EN.pdf title: COM(2019)0004 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 enables 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. 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. As a result, it is necessary to amend Regulations of the European Parliament and of the Council (EU) 2018/1240, (EC) No 767/2008 , (EU) 2017/2226 , (EU) 2018/1861 (SIS border) in order to connect the ETIAS Central System to the other EU information systems and to Europol data and to specify the data that will be sent to and from those EU information systems and 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. This proposal therefore presents amendments to the ETIAS Regulation to specify that the ETIAS Central System would 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. This shared identity repository would be the basis for the implementation of the common identity repository once the co-legislators adopt the legislative proposals on the interoperability of information systems. 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
              2019/0002(COD)
              title
              Conditions for accessing other EU information systems for ETIAS purposes
              subject
              type
              COD - Ordinary legislative procedure (ex-codecision procedure)
              subtype
              Legislation
              instrument
              legal_basis
              Treaty on the Functioning of the EU TFEU 077-p2
              stage_reached
              Awaiting committee decision
              dossier_of_the_committee
              LIBE/9/00412