REPORT 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

Text proposed by the Commission

Amendment

(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 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.

(12)  The ETIAS should also 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, specific checks [or inquiry 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.

Text proposed by the Commission

Amendment

(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 data corresponds to the personal data of the person having triggered a hit, for the screening rules, and for carrying out regular audits on the processing of applications. The ETIAS Central Unit should work in 24/7 regime.

(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 where the automated process triggered one or more hits in order to determine whether the applicant personal data corresponds to the personal data of the person having triggered a hit and for the screening rules. The ETIAS Central Unit should work in 24/7 regime.

Text proposed by the Commission

Amendment

(15)  Each Member State should establish an ETIAS National Unit mainly responsible for the examination and decision on whether to issue or refuse a travel authorisation. The ETIAS National Units should cooperate among themselves and with Europol for the purpose of the assessment of the applications. The ETIAS National Unit should work in 24/7 regime.

(15)  Each Member State should establish an ETIAS National Unit mainly responsible for the examination and decision on whether to issue or refuse, annul or revoke a travel authorisation. The ETIAS National Units should cooperate among themselves and with Europol for the purpose of the assessment of the applications. The ETIAS National Unit should work in 24/7 regime.

Text proposed by the Commission

Amendment

(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.

(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, 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 (criminal records, presence in war zones, decision to return to borders/orders to leave territory).

Text proposed by the Commission

Amendment

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

(17)  ETIAS should accept applications introduced on behalf of the applicant for situations where travellers are themselves not in a position to create an application, for whatever reason. In such cases, the application should be carried out by a third person authorised by the traveller, including commercial intermediaries, or legally responsible for him/her provided this person's identity is included in the application form. The Commission should ensure that commercial intermediaries lodging applications on behalf of applicants only provide this service to their customers on the basis of recovering costs incurred and not for profit.

Text proposed by the Commission

Amendment

(18)  In order to finalise the application, all applicants above the age of 18 should be required to pay 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.

(18)  In order to finalise the application, applicants should be required to pay the travel authorisation 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.

Text proposed by the Commission

Amendment

(20)  The personal data provided by the applicant should be processed by the ETIAS for the sole purposes of verifying in advance the eligibility criteria laid down in Regulation (EU) 2016/399²⁴ and assessing whether the applicant is likely to irregularly migrate, whether the entry of the applicant in the Union could pose a threat to security or to public health in the Union.

(20)  The personal data provided by the applicant should be processed by the ETIAS for the sole purposes of verifying in advance the eligibility criteria laid down in Regulation (EU) 2016/399²⁴ and assessing whether the applicant is likely to irregularly migrate, whether the entry of the applicant in the Union could pose a threat to security or a high epidemic risk in the Union.

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²⁴ Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code).

²⁴ Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code).

Text proposed by the Commission

Amendment

(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 Member State of declared first entry. The assessment performed by the ETIAS National Unit should lead to the decision to issue or not the travel authorisation.

(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 Member State responsible. The assessment performed by the ETIAS National Unit should lead to the decision to issue or not the travel authorisation.

Text proposed by the Commission

Amendment

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

(24)  Applicants who have been refused a travel authorisation should have the right to an effective remedy. Remedy procedures 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.

Text proposed by the Commission

Amendment

(25)  The screening rules should be used to analyse the application file by enabling a comparison between the data recorded in an application file of the ETIAS Central System and specific risk indicators corresponding to previously identified security, irregular migration or public health risk. The criteria used for defining the specific risk indicators should in no circumstances be based on a applicant's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, sexual life or sexual orientation.

(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 risk or high epidemic risk. The criteria used for defining the specific risk indicators should in no circumstances be based on a applicant's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, sexual life or sexual orientation.

Text proposed by the Commission

Amendment

(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 an act of serious crime or terrorism, or regarding whom there are factual indications or reasonable grounds to believe that they will commit an act of serious crime or terrorism. The ETIAS watchlist should be part of the data processed by Europol in accordance with Article 18(2)(a) of Regulation (EU) 2016/794 and Europol's Integrated Data Management Concept implementing that Regulation. When providing information to Europol, Member States should be able to determine the purpose or purposes for which it is to be processed, including the possibility to limit this processing to the ETIAS watchlist.

(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 by one or several Member States of having committed an act of serious crime or terrorism, or regarding whom there are factual indications or reasonable grounds, based on an overall assessment of a person, in particular on the basis of past offenses, to believe that they will commit an act of terrorism. The ETIAS watchlist should be part of the data processed by Europol in accordance with Article 18(2)(a) of Regulation (EU) 2016/794 and Europol's Integrated Data Management Concept implementing that Regulation. When providing information to Europol, Member States should be able to determine the purpose or purposes for which it is to be processed, including the possibility to limit this processing to the ETIAS watchlist.

Text proposed by the Commission

Amendment

(27)  The continuous emergence of new forms of security threats, new patterns of irregular migration and public health threats requires effective responses and needs to be countered with modern means. Since these means entail the processing of important amounts of personal data, appropriate safeguards should be introduced to keep the interference with the right to protection of private life and to the right of protection of personal data limited to what is necessary in a democratic society.

(27)  The continuous emergence of new forms of security threats, new patterns of irregular migration and high epidemic risks requires effective responses and needs to be countered with modern means. Since these means entail the processing of important amounts of personal data, appropriate safeguards should be introduced to keep the interference with the right to protection of private life and to the right of protection of personal data limited to what is necessary in a democratic society.

Text proposed by the Commission

Amendment

(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 refuse entry and should complete the border control process accordingly. If there is a valid travel authorisation, the decision to authorise or refuse entry should be taken by the border guard.

(32)  In order to comply with the revised conditions for entry, border guards should check whether the traveller is in possession of a travel authorisation valid at least until the day of entry into the territory of the Member States. 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. Border guards should, however, in order to facilitate border checks, be informed automatically of flags covering a number of specific cases and exceptionally, during second-line checks should have access to additional information related to them inserted in the ETIAS file. If there is no valid travel authorisation, the border guard should refuse entry and should complete the border control process accordingly. If there is a valid travel authorisation, the decision to authorise or refuse entry should be taken by the border guard. Where border control at internal borders is temporarily reintroduced borders guards should not check whether the traveller is in possession of a valid travel authorisation.

Text proposed by the Commission

Amendment

(40)  The personal data recorded in the ETIAS should be kept for no longer than is necessary for its purposes. In order for the ETIAS to function, it is necessary to keep the data related to applicants for the period of validity of the travel authorisation. In order to assess the security, irregular migration and public health risks posed by the applicants it is necessary to keep the personal data for five years from the last entry record of the applicant stored in the EES. In fact, the ETIAS should rely on accurate preliminary assessments of the security, public health and irregular migration risks, notably through the use of the screening rules. In order to constitute a reliable basis for the manual risk assessment by the Member States, and reduce to the minimum the occurrence of hits not corresponding to real risks ('false positives'), the hits resulting from screening rules based on statistics generated by ETIAS data itself need to be representative of a sufficiently broad population. This cannot be achieved exclusively on the basis of the data of the travel authorisations in their validity period. The retention period should start from the last entry record of the applicant stored in the EES, since that constitutes the last actual use of the travel authorisation. A retention period of five years corresponds to the retention period of an EES record with an entry authorisation granted on the basis of an ETIAS travel authorisation or a refusal of entry. This synchronisation of retention periods ensures that both the entry record and the related travel authorisation are kept for the same duration and is an additional element ensuring the future interoperability between ETIAS and EES. This synchronisation of data retention periods is necessary to allow the competent authorities to perform the risk analysis requested by the Schengen Borders Code. A decision to refuse, revoke or annul a travel authorisation could indicate a higher security or irregular migration risk posed by the applicant. Where such a decision has been issued, the 5 years retention period for the related data should start from its date of issuance, in order for ETIAS to be able to take accurately into account the higher risk possibly posed by the applicant concerned. After the expiry of such period, the personal data should be deleted.

(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. After the period of validity of the travel authorisation the data should not be stored without the explicit consent of the applicant given for the purpose of facilitating a new application after the expiry of the period of validity of an ETIAS travel authorisation. A decision to refuse, revoke or annul a travel authorisation could indicate a higher threat to security or irregular migration risk posed by the applicant. Where such a decision has been issued, the 5 years retention period for the related data should start from its date of issuance, in order for ETIAS to be able to take accurately into account the higher risk possibly posed by the applicant concerned. Where the underlying alert in a database is deleted earlier than the 5 years the related ETIAS application file should be deleted as well. After the expiry of such period, the personal data should be deleted.

Text proposed by the Commission

Amendment

(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 designated or verifying authorities of the Member States for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences.

(43)  Regulation (EU) 2016/679³¹ applies to the processing of personal data by the Member States in application of this Regulation unless such processing is carried out by the designated or verifying authorities of the Member States for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences.

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³¹ Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

³¹  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Text proposed by the Commission

Amendment

(44)  The processing of personal data by the authorities of the Member States for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences pursuant to this Regulation should be subject to a standard of protection of personal data under their national law which complies with [Directive (EU) 2016/680]³² .

(44)  The processing of personal data by the authorities of the Member States for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences pursuant to this Regulation should be subject to a standard of protection of personal data under their national law which complies with Directive (EU) 2016/680³².

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³² Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA.

³²  Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA.

Text proposed by the Commission

Amendment

(45)  The independent supervisory authorities established in accordance with [Regulation (EU) 2016/679] should monitor the lawfulness of the processing of personal data by the Member States, whilst the European Data Protection Supervisor as established by Regulation (EC) No 45/2001 should monitor the activities of the Union institutions and bodies in relation to the processing of personal data. The European Data Protection Supervisor and the supervisory authorities should cooperate with each other in the monitoring of the ETIAS.

(45)  The independent supervisory authorities established in accordance with Regulation (EU) 2016/679 should monitor the lawfulness of the processing of personal data by the Member States, whilst the European Data Protection Supervisor as established by Regulation (EC) No 45/2001 should monitor the activities of the Union institutions and bodies in relation to the processing of personal data. The European Data Protection Supervisor and the supervisory authorities should cooperate with each other in the monitoring of the ETIAS.

Text proposed by the Commission

Amendment

(48)  In order to assess the security, irregular migration or public health risk which could be posed by a traveller, interoperability between the ETIAS Information System and other information systems consulted by ETIAS such as the Entry/Exit System (EES), the Visa Information System (VIS), the Europol data, the Schengen Information System (SIS), the Eurodac and the European Criminal Records Information System (ECRIS) should have to be established. However this interoperability can only be fully ensured once the proposals to establish the EES³³ , the ECRIS³⁴ and the recast proposal of the Eurodac Regulation³⁵ have been adopted.

(48)  In order to assess the threat to security, the irregular migration or the high epidemic risk which could be posed by a traveller, interoperability between the ETIAS Information System and other information systems consulted by ETIAS such as the Entry/Exit System (EES), the Visa Information System (VIS), the Europol data, the Schengen Information System (SIS), the Eurodac and the European Criminal Records Information System (ECRIS) should have to be established. However this interoperability can only be fully ensured once the proposals to establish the EES³³, the ECRIS³⁴ and the recast proposal of the Eurodac Regulation³⁵ have been adopted.

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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.

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.

³⁴  Proposal for a Directive of the European Parliament and of the Council amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA.

³⁵ Proposal for a Regulation of the European Parliament and of the Council on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of [Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person] , for identifying an illegally staying third-country national or stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes (recast) COM(2016) 272 final.

³⁵  Proposal for a Regulation of the European Parliament and of the Council on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of [Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person] , for identifying an illegally staying third-country national or stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes (recast) COM(2016) 272 final.

Text proposed by the Commission

Amendment

-  to define the requirements of the secure account service,

Text proposed by the Commission

Amendment

-  to regulate the submission of travel authorisation applications by a commercial intermediary and at Delegations of the European Union,

Text proposed by the Commission

Amendment

-  to adopt a predetermined list of answers concerning the questions on the level and field of education, the current occupation and the job title to be indicated in the application for a travel authorisation,

deleted

Text proposed by the Commission

Amendment

–  to further define the verification tool,

Text proposed by the Commission

Amendment

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

–  to further specify the threat to security, the irregular migration or the high epidemic risks to be used for the establishment of the risk indicators,

Text proposed by the Commission

Amendment

–  to establish a standard form for refusal of a travel authorisation,

Text proposed by the Commission

Amendment

–  to define the type of additional information related to flags that may be added in the ETIAS application file and its formats,

Text proposed by the Commission

Amendment

–  to define the financial support for Member States for expenses incurred by additional responsibilities,

Text proposed by the Commission

Amendment

–  to lay down the rules of the central repository.

Text proposed by the Commission

Amendment

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, security or public health risk. For this purpose a travel authorisation and the conditions and procedures to issue or refuse it are introduced.

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 consider whether their presence in the territory of the Member States does not pose an irregular migration risk, a threat to security or a high epidemic risk. For this purpose a travel authorisation and the conditions and procedures to issue or refuse it are introduced.

Text proposed by the Commission

Amendment

(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, 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.

(d)  'travel authorisation' means a decision issued in accordance with this Regulation indicating that there are no reasonable grounds based on factual indications to conclude that the presence of the person on the territory of the Member States poses or will pose an irregular migration risk, a threat to security or a high epidemic 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.

Text proposed by the Commission

Amendment

(e)  'public health risk' means threat to public health as defined in Article 2(21) of Regulation (EU) 2016/399;

deleted

Text proposed by the Commission

Amendment

(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;

Text proposed by the Commission

Amendment

(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, in the ETIAS watchlist or with the specific risk indicators referred to in Article 28;

(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;

Text proposed by the Commission

Amendment

(n)  'Europol data' means personal data provided to Europol for the purpose referred to in Article 18(2)(a) of Regulation (EU) 2016/794.

(n)  'Europol data' means personal data processed by Europol for the purpose referred to in Article 18(2)(a) of Regulation (EU) 2016/794;

Text proposed by the Commission

Amendment

(na)  ‘electronically signed’ means the confirmation of signature through the ticking of a box in the application form.

Text proposed by the Commission

Amendment

3.   The definitions set out in Article 4 of [Regulation (EU) 2016/679] shall apply in so far as personal data are processed by the authorities of Member States.

3.   The definitions set out in Article 4 of Regulation (EU) 2016/679 shall apply in so far as personal data are processed by the authorities of Member States.

Text proposed by the Commission

Amendment

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 law enforcement purposes.

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 law enforcement purposes.

Text proposed by the Commission

Amendment

(a)  contribute to a high level of security by providing for a thorough security risk assessment of applicants, prior to their arrival at the external borders crossing points, in order to determine whether there are factual indications or reasonable grounds to conclude that the presence of the person on the territory of the Member States poses a security risk;

(a)  contribute to a high level of security by providing for a thorough security risk assessment of applicants, prior to their arrival at the external borders crossing points, in order to determine whether there are reasonable grounds based on factual indications to conclude that the presence of the person on the territory of the Member States poses a threat to security;

Text proposed by the Commission

Amendment

(c)  contribute to the protection of public health by providing for an assessment of whether the applicant poses a public health risk within the meaning of Article 3(1)(e) prior to their arrival at the external borders crossing points;

(c)  contribute to the protection of public health by providing for an assessment of whether the applicant poses a a high epidemic risk prior to their arrival at the external borders crossing points;

Text proposed by the Commission

Amendment

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

(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, specific checks or [inquiry checks];

Text proposed by the Commission

Amendment

3.  [The Central System, the National Uniform Interfaces, the web service, the carrier gateway and the Communication Infrastructure of the ETIAS shall share and re-use as much as technically possible the hardware and software components of respectively the EES Central System, the EES National Uniform Interfaces, the EES web service, the EES carrier gateway and the EES Communication Infrastructure.]

3.  The Central System, the National Uniform Interfaces, the web service, the carrier gateway and the Communication Infrastructure of the ETIAS shall share and re-use as much as technically possible the hardware and software components of respectively the EES Central System, the EES National Uniform Interfaces, the EES web service, the EES carrier gateway and the EES Communication Infrastructure. Without prejudice to Article 10, logical separation of ETIAS data and EES data shall be ensured.

Text proposed by the Commission

Amendment

(aa)  defining, implementing, evaluating and revising the specific risk indicators as referred to in Article 28 after consultation of the ETIAS Screening Board;

Text proposed by the Commission

Amendment

(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 or the specific risk indicators referred to in Article 28;

(b)  in accordance with Article 20 verifying travel authorisation applications that have triggered one or more hits during 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 the ETIAS Central System, one of the consulted information systems/databases, the specific risk indicators referred to in Article 28 or the ETIAS watchlist referred to in Article 29, and if necessary initiating the manual processing further to Article 22;

Text proposed by the Commission

Amendment

(c)  defining, testing, implementing, evaluating and revising the specific risk indicators as referred to in Article 28 after consultation of the ETIAS Screening Board;

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Text proposed by the Commission

Amendment

(d)  carrying out regular audits on the processing of applications and on the implementation of the provisions of Article 28 including regularly assessing their impact on fundamental rights, in particular with regard to privacy and personal data protection.

deleted

Text proposed by the Commission

Amendment

(d)  providing applicants with information regarding the procedure to be followed in the event of an appeal in accordance with Article 31(2);

(d)  providing applicants with information regarding the remedy procedure to be followed in accordance with Article 31(2);

Text proposed by the Commission

Amendment

(da)  annulling and revoking a travel authorisation pursuant to Articles 34 and 35.

Text proposed by the Commission

Amendment

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 risk assessment referred to in Article 18.

Interoperability between the ETIAS Information System and [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 for the sole purpose of enabling the automated processing referred to in Article 18.

Text proposed by the Commission

Amendment

Interoperability shall be established in full compliance with the Union acquis concerning fundamental rights.

Text proposed by the Commission

Amendment

Article 10a

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).

Two years after the start of operations of the ETIAS the Commission shall submit a report to the European Parliament and the Council on the verification of Interpol databases through ETIAS. This report shall include information on the number of hits against Interpol databases, the number of travel authorisations refused following such hits and information on any problems encounted, and as a consequence of this evaluation, if appropriate, it shall be accompanied by a legislative proposal amending this Regulation.

Text proposed by the Commission

Amendment

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.

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. In addition border guards shall be informed automatically of the flags referred to in Articles 22(4a), 30(1a) and (1b). Exceptionally, when an additional second line check is required at the border, the border guard may access the ETIAS Central System to obtain the additional information related to these flags referred to in Article 33 (ea) and 38(5)(da)).

Text proposed by the Commission

Amendment

3.  Access by carriers to the ETIAS Central System by in accordance with Article 39, shall be limited to searching the ETIAS Central System to obtain the travel authorisation status of a traveller.

3.  Access by carriers to the ETIAS Central System by in accordance with Article 39, shall be limited to sending requests to the ETIAS Central System to obtain the travel authorisation status of a traveller.

Text proposed by the Commission

Amendment

Non-discrimination

Fundamental Rights

Text proposed by the Commission

Amendment

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, the elderly and persons with a disability.

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. It shall fully respect human dignity and integrity and fundamental rights, including the right to respect for one’s private life and to the protection of personal data. Particular attention shall be paid to children, the elderly and persons with a disability. The best interests of the child shall be a primary consideration.

Text proposed by the Commission

Amendment

2a.  Applications may be lodged in the Delegations of the European Union in third countries.

Text proposed by the Commission

Amendment

2b.  The Commission shall be empowered to adopt delegated acts in accordance with Article 78 in order to regulate the submission of travel authorisation applications by a commercial intermediary and at Delegations of the European Union.

Text proposed by the Commission

Amendment

2c.  Six months before the expiry of a valid travel authorisation, the holder shall be informed automatically by email of the coming expiry.

Text proposed by the Commission

Amendment

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

2.  The public website and the mobile app for mobile devices shall make the application form widely available and easily accessible to applicants, including those with disabilities, free of charge.

Text proposed by the Commission

Amendment

4.  Where the official language(s) of the countries listed in Annex II of Council Regulation (EC) No 539/2001 do not correspond to the languages referred to in paragraph 3, factsheets with information concerning the content and the use of the public website and the mobile app for mobile devices and explanatory information shall be made available in at least one of the official languages of the countries referred to.

4.  Where the official language(s) of the countries listed in Annex II of Council Regulation (EC) No 539/2001 do not correspond to the languages referred to in paragraph 3, factsheets with explanatory information concerning ETIAS, the application procedure, the use of the public website and the mobile app as well as a step-by-step guide for the application shall be made available in at least one of the official languages of the countries referred to.

Text proposed by the Commission

Amendment

6a.  The public website and the mobile app for mobile devices shall inform applicants of their right to an effective remedy under this Regulation. Where a travel authorisation is refused, they shall refer an applicant to the ETIAS National Unit of the responsible Member which shall provide further information in accordance with Article 31(2).

Text proposed by the Commission

Amendment

(e)  the date of expiry of the validity of the travel document;

(e)  the date of issue and date of expiry of the validity of the travel document;

Text proposed by the Commission

Amendment

(g)  e-mail address, phone number;

(g)  e-mail address and, if available, phone number;

Text proposed by the Commission

Amendment

(h)  education (level and field);

deleted

Text proposed by the Commission

Amendment

(i)  current occupation;

deleted

Text proposed by the Commission

Amendment

(k)  for minors, surname and first name(s) of the applicant's parental authority or legal guardian;

(k)  for minors, surname and first name(s), home address, e-mail address and, if available, phone number of the person exercising parental authority or the applicant’s legal guardian;

Text proposed by the Commission

Amendment

(i)  their status of family member;

(i)  their status as a family member;

Text proposed by the Commission

Amendment

3.  The applicant shall choose the level and field of education, the current occupation and the job title from a predetermined list. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to lay down these predetermined lists.

deleted

Text proposed by the Commission

Amendment

(a)  whether 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;

deleted

Text proposed by the Commission

Amendment

(b)  whether he or she has ever been convicted of any criminal offence in any country;

(b)  whether he or she has ever been convicted of any serious criminal offence in Annex 1a within the last ten years;

Text proposed by the Commission

Amendment

(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 ten years.

(d)  regarding any decision requiring him or her to leave the territory of a Member State or whether he or she was subject to any return decision issued over the last ten years.

Text proposed by the Commission

Amendment

(da)  whether the applicant belongs to one of the categories of applicants referred to in Article 16(2)(d) to (f) for whom the travel authorisation fee is to be waived, to be selected from a predetermined list; 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 (d) to (f) of Article 16(2). The applicant shall be informd that consequently the decision on the application will be taken in accordance with the deadlines provided for in Article 27(2).

Text proposed by the Commission

Amendment

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.

Text proposed by the Commission

Amendment

5.  The Commission shall be empowered to adopt delegated acts in accordance with Article 78 specifying the content and format of those questions.

5.  The Commission shall be empowered to adopt delegated acts in accordance with Article 78 specifying the content and format of the questions referred to in paragraph 4. The content and format of those questions shall enable applicants to give clear and precise answers.

Text proposed by the Commission

Amendment

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. 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.

6.  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. 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.

Text proposed by the Commission

Amendment

1.  A travel authorisation fee of EUR 5 shall be paid by the applicant for each application.

1.  A travel authorisation fee of EUR 10 shall be paid by the applicant for each application.

Text proposed by the Commission

Amendment

2.  The travel authorisation fee shall be waived for children under 18 years.

2.  The travel authorisation fee shall be waived for applicants belonging to one of the following categories:

(a)  applicants under eighteen years of age;

(b)  applicants over sixty years of age;

(c)  family members of Union citizens or of third-country nationals enjoying the right of free movement under Union law;

(d)  students, postgraduate students and accompanying teachers travelling for study or educational purposes;

(e)  researchers travelling for the purpose of carrying out scientific research;

(f)  representatives of non-profit organisations aged 25 or less participating in seminars, conferences or sports, cultural or educational events organised by non-profit organisations.

Text proposed by the Commission

Amendment

In particular, the ETIAS Central System shall verify:

The ETIAS Central System shall verify:

Text proposed by the Commission

Amendment

(g)  [whether the applicant is currently reported as overstayer, whether he has been reported as overstayer in the past through consultation of the EES;]

(g)  whether the applicant is currently reported as overstayer, whether he has been reported as overstayer in the past through consultation of the EES;

Text proposed by the Commission

Amendment

(h)  [whether the applicant was refused entry through consultation of the EES;]

(h)  whether the applicant was refused entry through consultation of the EES;

Text proposed by the Commission

Amendment

(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;]

(k)  [whether the applicant was subject to a return decision or a removal order recorded in the Eurodac;]

Text proposed by the Commission

Amendment

4.  The ETIAS Central System shall compare the relevant data referred to in Article 15(2)(a), (b), (d), (f), (g), (i), (m) and (8) to the data present in the ETIAS watchlist referred to in Article 29.

4.  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 the ETIAS watchlist referred to in Article 29.

Text proposed by the Commission

Amendment

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.

5.  The ETIAS Central System shall compare the relevant data referred to in Article 15(2)(a) and (f) and the specific risk indicators referred to in Article 28.

Text proposed by the Commission

Amendment

(d)  an alert on persons and objects for discreet checks or specific checks.

(d)  an alert on persons and objects for discreet checks [inquiry checks]or specific checks.

Text proposed by the Commission

Amendment

Any hit resulting from this comparison shall be stored in the SIS.

deleted

Text proposed by the Commission

Amendment

7c.  The ETIAS Central System shall add a reference to any hit obtained to the application file.

Text proposed by the Commission

Amendment

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, the ETIAS watchlist referred to in Article 29 or the specific risk indicators referred to in Article 28.

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.

Text proposed by the Commission

Amendment

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 or public health risk in accordance with Directive 2004/38/EC.

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 reasonable grounds based on factual indications to conclude that the presence of the person on the territory of the Member States poses a threat to security or a high epidemic risk in accordance with Directive 2004/38/EC.

Text proposed by the Commission

Amendment

[When processing an application for a travel authorisation for a third country national referred to in Article 2(1)(c), the ETIAS Central Systems shall not verify whether:

When processing an application for a travel authorisation for a third country national referred to in Article 2(1)(c), the ETIAS Central Systems shall not verify whether:

(a)  the applicant is currently reported as overstayer, whether he or she has been reported as overstayer in the past through consultation of the EES as referred to in Article 18(2)(g);

(a)  the applicant is currently reported as overstayer, whether he or she has been reported as overstayer in the past through consultation of the EES as referred to in Article 18(2)(g);

(b)  the applicant corresponds to a person whose data is recorded in the Eurodac as referred to in Article 18(2)(j).]

(b)  the applicant corresponds to a person whose data is recorded in the Eurodac as referred to in Article 18(2)(j).

Text proposed by the Commission

Amendment

(b)  an appeal as referred to in Article 32 shall be made in accordance with Directive 2004/38/EC;

(b)  a remedy procedure as referred to in Article 32 shall be made in accordance with Directive 2004/38/EC;

Text proposed by the Commission

Amendment

ii)  [one year from the last entry record of the applicant stored in the EES, where that period of one year ends on a later date than the period of validity of the travel authorisation; or]

deleted

Text proposed by the Commission

Amendment

iii)  five years from the last decision to refuse, revoke or annul the travel authorisation in accordance with Articles 31, 34 and 35.

iii)  five years from the last decision to refuse, revoke or annul the travel authorisation in accordance with Articles 31, 34 and 35 or for a shorter period of time than five years if the alert giving rise to the decision is deleted earlier.

Text proposed by the Commission

Amendment

For the purpose of facilitating a new application after the expiry of the period of validity of an ETIAS travel authorisation, the application file may be stored in the ETIAS Central System for an additional period of no more than one year after the end of the period of validity of the travel authorisation only where, following a request for consent, the applicant freely and explicitly consents by means of an electronically signed declaration. Requests for consent shall be presented in a manner which is clearly distinguishable from other matters, in an intelligible and easily accessible form, using clear and plain language in accordance with Article 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council.

Consent shall be given following the automatic information provided for in Article 13(2c). The automatic information shall remind the applicant about the purpose of the data retention on the basis of the information referred to in Article 61(ea).

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

4a.  Where the hit corresponds to an alert referred to in Article 18(2)(d), the ETIAS National Unit shall issue a pro forma travel authorisation that is marked in the ETIAS Central System with a flag indicacting to the border authorities to proceed with an arrest of the third-country national.

Text proposed by the Commission

Amendment

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.

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 risk or the threat to security and decide whether to issue or refuse a travel authorisation.

Text proposed by the Commission

Amendment

6.  Where the automated processing laid down in Article 18(4) has reported a hit, the ETIAS National Unit of the responsible Member State shall assess the security risk and decide whether to issue or refuse a travel authorisation.

6.  Where the automated processing laid down in Article 18(4) has reported a hit, the ETIAS National Unit of the responsible Member State shall assess the threat to security and decide whether to issue or refuse a travel authorisation.

Text proposed by the Commission

Amendment

7.  Where the automated processing laid down in Article 18(5) has reported a hit, the ETIAS National Unit of the responsible Member State shall assess the irregular migration, security or public health risk and decide whether to issue or refuse a travel authorisation.

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 risk, the threat to security or the high epidemic risk and decide whether to issue or refuse a travel authorisation. In no circumstances may the ETIAS National Unit of the responsible Member State take a decision only on the basis of a hit based on specific risk indicators. The ETIAS National Unit of the responsible Member State shall individually assess the irregular migration risk, the threat to security and the high epidemic risks in all cases.

Text proposed by the Commission

Amendment

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.

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 shall request additional information or documentation from the applicant.

Text proposed by the Commission

Amendment

2.  The request for additional information or documentation shall be notified to the contact e-mail address recorded in the application file. The request for additional information or documentation shall clearly indicate the information or documentation that the applicant is required provide. The applicant shall provide the additional information or documentation directly to the ETIAS National Unit through the secure account service referred to in Article 6(2)(g) within 7 working days of the date of receipt of the request.

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 14 working days of the date of receipt of the request. Only additional information or documentation necessary for the assessment of the ETIAS application may be requested.

Text proposed by the Commission

Amendment

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.

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 a Union Member State located in his or her country of residence, or use modern means of communication to carry out an interview with the applicant. Where an interview is conducted the deadline referred to in Article 27(2a) shall apply.

Text proposed by the Commission

Amendment

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.

5.  The invitation shall be notified to the applicant at least 5 working days before the scheduled interview by the ETIAS National Unit of the responsible Member State and shall be notified to the contact e-mail address recorded in the application file. The applicant shall have the option to indicate a preference for being interviewed at a specific consulate or for the use of modern means of communication. Wherever possible, the interview shall take place in the consulate indicated by the applicant or, if requested, through modern means of communication.

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

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),(h),(i) or (k).

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)(a),(d),(e),(g),(h),(i) or (k).

Text proposed by the Commission

Amendment

2a.  Where an ETIAS National Unit is considering issuing a travel authorisation with limited territorial validity covering several Member States, the Member State responsible shall consult those Member States.

Text proposed by the Commission

Amendment

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), (4) and (5) which are necessary for the purpose the consultation. The ETIAS National Units of the Member States consulted shall also have access to the relevant additional information or documentation provided by the applicant following a request from the responsible Member State in relation to the matter for which they are being consulted.

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), (4) and (5) which are necessary for the purpose of the consultation. The ETIAS National Units of the Member States consulted shall also have access to the relevant additional information or documentation provided by the applicant following a request from the responsible Member State in relation to the matter for which they are being consulted.

Text proposed by the Commission

Amendment

8.  Where one or several Member States consulted provide a negative opinion on the application, the responsible Member State shall refuse the travel authorisation pursuant to Article 31.

8.  Without prejudice to Article 38, where one or several Member States consulted provide a negative opinion on the application, the responsible Member State shall refuse the travel authorisation pursuant to Article 31.

Text proposed by the Commission

Amendment

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 may transmit to Europol the relevant additional information or documentation provided by the applicant in relation to the request for travel authorisation for which Europol is consulted.

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 shall also transmit to Europol the relevant additional information or documentation provided by the applicant in relation to the request for travel authorisation for which Europol is consulted.

Text proposed by the Commission

Amendment

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

deleted

Text proposed by the Commission

Amendment

(b)  if additional information or documentation is requested.

(b)  if additional information or documentation is requested indicating the maximum processing time referred to in Article 27(2).

Text proposed by the Commission

Amendment

Article 26a

Verification tool

The Commission shall set up 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 (valid, denied, annulled or revoked).

The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to further define the verification tool.

Text proposed by the Commission

Amendment

1.  The ETIAS screening rules shall be an algorithm enabling the comparison between the data recorded in an application file of the ETIAS Central System and specific risk indicators pointing to irregular migration, security or public health risks. The ETIAS screening rules shall be registered in the ETIAS Central System.

1.  The ETIAS screening rules shall be an algorithm enabling profiling as defined in Article 4(4) of Regulation (EU) 2016/679 through the comparison between the data recorded in an application file of the ETIAS Central System and specific risk indicators pointing to irregular migration risk, threat to security or high epidemic risks. The ETIAS screening rules shall be registered in the ETIAS Central System.

Text proposed by the Commission

Amendment

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

2.  The irregular migration risk, the threat to security or the high epidemic risks shall be determined on the basis of:

Text proposed by the Commission

Amendment

(b)  statistics generated by the ETIAS in accordance with Article 73 indicating abnormal rates of refusals of travel authorisations due to an irregular migration, security or public health risk associated with a specific group of travellers;

(b)  statistics generated by the ETIAS in accordance with Article 73 indicating abnormal rates of refusals of travel authorisations due to an irregular migration risk, a threat to security or a high epidemic risk associated with a specific group of travellers;

Text proposed by the Commission

Amendment

(d)  information provided by Member States concerning specific security risk indicators or threats identified by that Member State;

(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;

Text proposed by the Commission

Amendment

(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;

(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;

Text proposed by the Commission

Amendment

3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to further specify the irregular migration, security or public health risks referred to in paragraph 2.

3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to further specify the irregular migration risk, the threat to security or the high epidemic risks referred to in paragraph 2.

Text proposed by the Commission

Amendment

(c)  education level;

deleted

Text proposed by the Commission

Amendment

(d)  current occupation.

deleted

Text proposed by the Commission

Amendment

1.  The ETIAS watchlist 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.

1.  The ETIAS watchlist, as part of the Central System, shall consist of data related to persons who are suspected by one or several Member States of having committed or taken part in a serious criminal offence or a terrorist offence or persons regarding whom there are factual indications or reasonable grounds, based on an overall assessment of a person, in particular on the basis of past offences, to believe that they will commit terrorist offences.

Text proposed by the Commission

Amendment

(b)  information related to terrorist offences or other serious criminal offences provided by Member States;

(b)  information related to terrorist offences or other serious criminal offences;

Text proposed by the Commission

Amendment

(c)  information related to terrorist offences or other serious criminal offences obtained through international cooperation.

deleted

Text proposed by the Commission

Amendment

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, security or public health risk, a travel authorisation shall be issued by the ETIAS Central System or the ETIAS National Unit of the responsible Member State.

1.  Where the examination of an application pursuant to the procedures laid down in Chapters III, IV and V indicates that there are no or reasonable grounds based on factual indications to conclude that the presence of the person on the territory of the Member States poses an irregular migration risk, a threat to security or a high epidemic risk, a travel authorisation shall be issued by the ETIAS Central System or the ETIAS National Unit of the responsible Member State.

Text proposed by the Commission

Amendment

2.  A travel authorisation shall be valid for five years or until the end of validity of the travel document registered during application, whichever comes first, and shall be valid for the territory of the Member States.

2.  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, and shall be valid for the territory of the Member States.

Text proposed by the Commission

Amendment

3.  A travel authorisation shall not confer an automatic right of entry.

3.  In accordance with Article 6(1)(b) of Regulation (EU) 2016/399 the possession of a valid travel authorisation constitutes one of the entry conditions. However, it does not confer an automatic right of entry.

Text proposed by the Commission

Amendment

(a)  presents a travel document which is reported as lost, stolen or invalidated;

deleted

Text proposed by the Commission

Amendment

(c)  poses a security risk;

(c)  poses a threat to security;

Text proposed by the Commission

Amendment

(d)  poses a public health risk;

(d)  poses a a high epidemic risk;

Text proposed by the Commission

Amendment

A travel authorisation shall also be refused if there are reasonable 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.

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.

Text proposed by the Commission

Amendment

2.  Applicants who have been refused a travel authorisation shall have the right to appeal. Appeals shall be conducted in the Member State that has taken the decision on the application and in accordance with the national law of that Member State. The ETIAS National Unit of the responsible Member State shall provide applicants with information regarding the procedure to be followed in the event of an appeal.

2.  Applicants who have been refused a travel authorisation shall have the right to an effective remedy. Remedy procedures shall be conducted in the Member State that has taken the decision on the application and in accordance with the national law of that Member State, which shall include the possibility for a judicial remedy. The ETIAS National Unit of the responsible Member State shall provide applicants with information regarding the procedure to be followed in a language that applicants can reasonably be assumed to understand.

Text proposed by the Commission

Amendment

(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;

Text proposed by the Commission

Amendment

(bb)  a reminder about the entry conditions laid down in Article 6 of Regulation (EU) No 2016/319 and the need to carry relevant supporting documents at each entry;

Text proposed by the Commission

Amendment

(bc)  where applicable, the territory or territories of the Member States to which the applicant is authorised to travel;

Text proposed by the Commission

Amendment

(d)  a link to the ETIAS public website containing information on the possibility for the applicant to revoke the travel authorisation.

(d)  a link to the ETIAS public website containing information on the possibility that the travel authorisation may be revoked or annulled and the conditions for such a revocation or annulment.

Text proposed by the Commission

Amendment

(c)  the ground(s) for refusal of the travel authorisation, as laid down in Article 31(1);

(c)  the ground(s) for refusal of the travel authorisation enabling the applicant to apply for a remedy, as laid down in Article 31(1);

Text proposed by the Commission

Amendment

(d)  information on the procedure to be followed for an appeal.

(d)  information on the procedure to be followed to apply for an effective remedy. This information shall include at least the references to the national law applicable to the remedy, the competent authority and how to apply for a remedy, information as to any assistance that may be provided by the national data protection authority, as well as the time limit for applying for a remedy.

Text proposed by the Commission

Amendment

2a.  The Commission shall be empowered to adopt delegated acts in accordance with Article 78 in order to establish a standard form for refusal of a travel authorisation.

Text proposed by the Commission

Amendment

(c)  place and date of the decision to issue or refuse the travel authorisation;

(c)  date of the decision to issue or refuse the travel authorisation;

Text proposed by the Commission

Amendment

(d)  the commencement and expiry dates of the validity period of the travel authorisation;

(d)  where a travel authorisation is issued, the commencement and expiry dates of the validity period of the travel authorisation;

Text proposed by the Commission

Amendment

(e)  the ground(s) for refusal of the travel authorisation as laid down in Article 31(1).

(e)  where a travel authorisation is refused, the ground(s) for refusal of the travel authorisation as laid down in Article 31(1).

Text proposed by the Commission

Amendment

(ea)  any flags as referred to in Article 22(4a), 30(1a) and 30(1b) together with additional information relevant to second-line checks related to them.

Text proposed by the Commission

Amendment

The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to define the type of additional information that may be added and its formats.

Text proposed by the Commission

Amendment

3.  A person whose travel authorisation has been annulled shall have the right to appeal. 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.

3.  A person whose travel authorisation has been annulled shall have the right to an effective remedy. Remedy procedures 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. The ETIAS National Unit of the responsible Member State shall provide applicants with information regarding the procedure to be followed in a language that applicants can reasonably be assumed to understand.

Text proposed by the Commission

Amendment

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 National Unit of the Member State having created the alert which shall revoke the travel authorisation.

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 National Unit of the Member State having created the alert. Where a new refusal of entry alert has been reported, the ETIAS National Unit shall revoke the travel authorisation. Where the travel authorisation is linked to a travel document reported as lost, stolen or invalidated in SIS, the ETIAS National Unit shall manually review the application file.

Text proposed by the Commission

Amendment

5.  An applicant whose travel authorisation has been revoked shall have the right to appeal. 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.

5.  An applicant whose travel authorisation has been revoked shall have the right to an effective remedy. Remedy procedures 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. The ETIAS National Unit of the responsible Member State shall provide applicants with information regarding the procedure to be followed in a language that applicants can reasonably be assumed to understand.

Text proposed by the Commission

Amendment

(c)  the ground(s) for the annulment or revocation of the travel authorisation, as laid down in Article 31(1);

(c)  the ground(s) for the annulment or revocation of the travel authorisation enabling the applicant to apply for a remedy, as laid down in Article 31(1);

Text proposed by the Commission

Amendment

(d)  information on the procedure to be followed for an appeal.

(d)  information on the procedure to be followed for an effective remedy. This information shall include at least the references to the national law applicable to the remedy, the competent authority and how to apply for a remedy, information as to any assistance that may be provided by the national data protection authority, as well as the time limit for applying for a remedy.

Text proposed by the Commission

Amendment

1.  Where a decision has been taken to annul or to revoke a travel authorisation, the Member State responsible for the revocation or annulment of the travel authorisation shall add the following data to the application file:

1.  Where a decision has been taken to annul or to revoke a travel authorisation, the ETIAS National Unit of the Member State responsible for the revocation or annulment of the travel authorisation shall add the following data to the application file:

Text proposed by the Commission

Amendment

1.  A travel authorisation with limited territorial validity may be issued exceptionally, when the Member State concerned considers it necessary on humanitarian grounds, 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.

1.  A travel authorisation with limited territorial validity shall be issued exceptionally, when the Member State responsible under paragraph 3 considers it necessary on humanitarian grounds, for reasons of national interest or because of international obligations.

Text proposed by the Commission

Amendment

1a.  Following the refusal of a travel authorisation in accordance with Article 31, the applicant shall have the possibility to apply for a travel authorisation with limited territorial validity.

Text proposed by the Commission

Amendment

1b   In cases of urgency, 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 the applicant may apply for a travel auhtorisation with limited territorial validity.

Text proposed by the Commission

Amendment

2.  For the purposes of paragraph 1, the applicant may apply for a travel authorisation with limited territorial validity to the Member State to which he or she intends to travel. He or she and shall indicate the humanitarian grounds, the reasons of national interest or the international obligations in his or her application.

2.  For the purposes of paragraphs 1, 1a and 1b the applicant may apply for a travel authorisation with limited territorial validity to the Member State to which he or she intends to travel. He or she and shall indicate the humanitarian grounds, the reasons of national interest or the international obligations in his or her application.

Text proposed by the Commission

Amendment

4.  A travel authorisation with limited territorial validity shall be valid for the territory of the issuing Member State and for a maximum of 15 days.

4.  A travel authorisation with limited territorial validity shall be valid for the territory of the issuing Member State. It may exeptionally be valid for the territory of more than one Member State, subject to the consent of each such Member State. It shall be valid for a maximum of 90 days within 180 days.

Text proposed by the Commission

Amendment

4a.  Article 30 (1a) and (1b) shall apply.

Text proposed by the Commission

Amendment

5.  Where a travel authorisation with territorial validity is issued, the following data shall be entered in the application file:

5.  Where a travel authorisation with limited territorial validity is issued or refused, the following data shall be entered in the application file:

Text proposed by the Commission

Amendment

(b)  the territory in which the travel authorisation holder is entitled to travel;

(b)  the Member States to which the travel authorisation holder is entitled to travel;

Text proposed by the Commission

Amendment

(ba)  the period of validity of the travel authorisation with limited territorial validity;

Text proposed by the Commission

Amendment

(c)  the authority of the Member State that issued the travel authorisation with territorial validity;

(c)  the National Unit of the Member State that issued or refused the travel authorisation with limited territorial validity;

Text proposed by the Commission

Amendment

(ca)  date of the decision to issue or refuse the travel authorisation with limited territorial validity;

Text proposed by the Commission

Amendment

(d)  a reference to the humanitarian grounds, the reasons of national interest or the international obligations.

(d)  where appropriate, a reference to the humanitarian grounds, the reasons of national interest or the international obligations.

Text proposed by the Commission

Amendment

(da)  any flags as referred to in Article 30 (1a) and (1b) together with additional information relevant to second-line checks related to them.

Text proposed by the Commission

Amendment

1.  In accordance with Article 26 of the Convention Implementing the Schengen Agreement carriers shall consult the ETIAS Central System in order to verify whether or not third country nationals subject to the travel authorisation requirement are in possession of a valid travel authorisation.

1.  Air and sea carriers shall send a query to the ETIAS Central System at the latest at the time of boarding in order to verify whether or not third country nationals subject to the travel authorisation requirement are in possession of a valid travel authorisation.

Text proposed by the Commission

Amendment

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 be permitted to consult the ETIAS Central System using the data contained in the machine readable zone of the travel document.

Secure 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 query referred to in paragraph 1 prior to the boarding of a passenger. For this purpose, the carrier shall send a query to the ETIAS Central System using the data contained in the machine readable zone of the travel document.

Text proposed by the Commission

Amendment

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.

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.

Text proposed by the Commission

Amendment

2.  The ETIAS Central System shall respond by indicating whether or not the person has a valid travel authorisation.

2.  The ETIAS Central System shall respond by indicating whether or not the person has a valid travel authorisation or a valid travel authorisation with limited territorial validity for the Member State the person wishes to enter.

Text proposed by the Commission

Amendment

2a.  The authorities competent for carrying out checks at external border crossing points shall be authorised during a second line check to consult the additional information relevant for second-line checks inserted in the application file in accordance with Article 33 and 38.

Text proposed by the Commission

Amendment

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 by the ETIAS Central Unit.

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 automatically by the ETIAS Central System.

Text proposed by the Commission

Amendment

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 shall notify eu-LISA, the ETIAS Central Unit and the Commission.

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 affecting ETIAS, eu-LISA, the ETIAS Central Unit and the Commission shall be automatically notified.

Text proposed by the Commission

Amendment

4.  In an exceptional case of urgency, where there is a need to immediately obtain personal data necessary for preventing the commission of a serious crime or for prosecuting its perpetrators, the central access point shall process the request immediately and without the independent verification provided in paragraph 2. An ex post independent verification shall take place without undue delay after the processing of the request, including whether an exceptional case of urgency actually existed.

4.  In an exceptional case of urgency, where there is a need to prevent an imminent danger associated with a terrorist offence or other serious criminal offence, or for the prosecution of its perpetrators, the central access point shall process the request immediately and without the independent verification provided in paragraph 2. An independent ex post verification shall verify whether the conditions referred to in Article 45 were fulfilled including whether an exceptional case of urgency actually existed. The independent ex post verification shall take place without undue delay after the processing of the request.

Text proposed by the Commission

Amendment

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.

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. Article 53a shall apply.

Text proposed by the Commission

Amendment

4.  Consultation of the ETIAS Central System shall, in the event of a hit with data recorded in an application file, give access to the data referred to in Article 15(2)(a) to (g) and (j) to (m) as recorded in that application file as well as to data entered in that application file in respect of the issuing, refusal, revocation or annulment of a travel authorisation in accordance with Articles 33 and 37. Access to the data referred to in Article 15(2)(i) and in (4) (b) to (d) as recorded in the application file shall only be given if consultation of that data was explicitly requested by the operating units in the reasoned electronic request submitted under Article 44(1) and approved by the independent verification. Consultation of the ETIAS Central System shall not give access to data concerning the education as referred to in Article 15(2)(h) or on whether or not the applicant may pose a public health risk as referred to in Article 15(4)(a).

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(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.

Text proposed by the Commission

Amendment

2.  The reasoned request shall contain evidence that the following conditions are met:

2.  The reasoned request shall contain evidence that all the following conditions are met:

Text proposed by the Commission

Amendment

(c)  the consultation shall be limited to searching with data referred to in Article 45(2);

(c)  the consultation shall be limited to searching with data referred to in Article 45(2). The data listed under Article 45(2) may be combined with the data listed under Article 45(3);