BETA


2019/0002(COD) Conditions for accessing other EU information systems for ETIAS purposes
Next event: Indicative plenary sitting date, 1st reading/single reading 2021/05/17

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 077-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 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/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 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

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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  • name: BUXADÉ VILLALBA Jorge group: European Conservatives and Reformists Group abbr: ECR
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              • 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