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

Text proposed by the Commission

Amendment

Proposal for a

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

establishing the conditions for accessing other EU information systems for ETIAS purposes and amending Regulation (EU) 2018/1240, Regulation (EC) No 767/2008, Regulation (EU) 2017/2226 and Regulation (EU) 2018/1861

establishing the conditions for accessing other EU information systems for ETIAS purposes and amending Regulation (EU) 2018/1240, Regulation (EC) No 767/2008, Regulation (EU) 2017/2226, Regulation (EU) 2018/1861 and Regulation (EU) 2019/817

Text proposed by the Commission

Amendment

(5) For efficiency reasons and in order to decrease costs, ETIAS should, as provided for in Article 6(3) of Regulation (EU) 2018/1240, re-use hardware and software components developed for the Entry/Exit System (‘EES’) for the development of the shared identity repository. This repository used for the storage of the identity alphanumeric data of both ETIAS applicants and third-country nationals registered in the EES, should be developed in a way enabling its extension to become the future Common Identity Repository. In the same spirit, the tool to be established to enable ETIAS to compare its data with the ones of every other system consulted through a single query should be developed in a way enabling its evolution to become the future European Search Portal.

(5) For efficiency reasons and in order to decrease costs, ETIAS should, as provided for in Article 6(3) of Regulation (EU) 2018/1240, re-use hardware and software components developed for the Entry/Exit System (‘EES’) for the development of the shared identity repository. This repository used for the storage of the identity alphanumeric data of both ETIAS applicants and third-country nationals registered in the EES, should be developed in a way enabling its extension to become the future Common Identity Repository.

Text proposed by the Commission

Amendment

(5a) The European Search Portal (ESP), established by Regulation (EU) 2019/817 of the European Parliament and of the Council1a, will enable the data stored in ETIAS to be compared to the data stored in every other EU information system by means of a single query.

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1a Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, p. 27).

Text proposed by the Commission

Amendment

(7) It is necessary, for the purposes of ensuring the full attainment of ETIAS objectives, as well as to further the Schengen Information System (‘SIS’) objectives, to include in the scope of the automated verifications a new alert category introduced by the recent revision of SIS, namely the alert on persons subject to inquiry checks.

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

Text proposed by the Commission

Amendment

(10) The conditions under which the ETIAS Central Unit and ETIAS National Units may consult data stored in other EU information systems for the purposes of ETIAS should be safeguarded by clear and precise rules regarding the access by the ETIAS Central Unit and ETIAS National Units to the data stored in other EU information systems, the type of queries and categories of data, all of which should be limited to what is strictly necessary for the performance of their duties. In the same vein, the data stored in the ETIAS application file should only be visible to those Member States that are operating the underlying information systems in accordance with the modalities of their participation. As an example, the provisions of this Regulation relating to the Schengen Information System and the Visa Information System constitute provisions building upon all the provisions of the Schengen acquis, for which the Council Decisions35 on the application of the provisions of the Schengen acquis relating to the Schengen Information System and the Visa Information System are relevant.

(10) The access right and conditions under which the ETIAS Central Unit and ETIAS National Units may consult data stored in other EU information systems for the purposes of ETIAS should be safeguarded by clear and precise rules regarding the access by the ETIAS Central Unit and ETIAS National Units to the data stored in other EU information systems, the type of queries and categories of data, all of which should be limited to what is strictly necessary for the performance of their duties. In the same vein, the data stored in the ETIAS application file should only be visible to those Member States that are operating the underlying information systems in accordance with the modalities of their participation. As an example, the provisions of this Regulation relating to the Schengen Information System and the Visa Information System constitute provisions building upon all the provisions of the Schengen acquis, for which the Council Decisions35 on the application of the provisions of the Schengen acquis relating to the Schengen Information System and the Visa Information System are relevant.

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35 Council Decision 2010/365/EU of 29 June 2010 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania ( OJ L 166, 1.7.2010, p. 17); Council Decision (EU) 2017/733 of 25 April 2017 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Croatia (OJ L 108, 26.4.2017, p. 31); Council Decision (EU) 2017/1908 of 12 October 2017 on the putting into effect of certain provisions of the Schengen acquis relating to the Visa Information System in the Republic of Bulgaria and Romania (OJ L 269, 19.10.2017, p. 39–43); Council Decision (EU) 2018/934 of 25 June 2018 on the putting into effect of the remaining provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania (OJ L 165, 2.7.2018, p. 37).

35 Council Decision 2010/365/EU of 29 June 2010 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania ( OJ L 166, 1.7.2010, p. 17); Council Decision (EU) 2017/733 of 25 April 2017 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Croatia (OJ L 108, 26.4.2017, p. 31); Council Decision (EU) 2017/1908 of 12 October 2017 on the putting into effect of certain provisions of the Schengen acquis relating to the Visa Information System in the Republic of Bulgaria and Romania (OJ L 269, 19.10.2017, p. 39–43); Council Decision (EU) 2018/934 of 25 June 2018 on the putting into effect of the remaining provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania (OJ L 165, 2.7.2018, p. 37).

Text proposed by the Commission

Amendment

(-1) A new Recital 24a is added:

(24a)  In order for the comparison of personal data in applications for travel authorisation as referred to in Regulation (EU) 2018/1240 with the data present in a record, file or alert registered in an EU information system or database, in Europol data or in the Interpol databases to be accurate and reliable, it is essential to ensure that data used in and queried through ETIAS are accurate, up to date and of high quality. In line with its obligations under Regulation (EU) 2019/817, the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) has an important role in monitoring data quality and producing regular data analysis reports so that the originating Member State is able to verify the data and carry out any necessary remedial action. The Commission should evaluate the regular data quality reports eu-LISA provides under Regulation (EU) 2019/817 and should issue recommendations to Member States where appropriate.

Text proposed by the Commission

Amendment

(23) ‘other EU information systems’ means the Entry/Exit System (‘EES’), the Visa Information System (‘VIS’), the Schengen Information System (‘SIS’) and the European Criminal Record Information System – Third Country Nationals (‘ECRIS-TCN’).

(28) ‘other EU information systems’ means the Entry/Exit System (‘EES’), the Visa Information System (‘VIS’), the Schengen Information System (‘SIS’), Eurodac and the European Criminal Record Information System – Third Country Nationals (‘ECRIS-TCN’).

Present text

Amendment

(e) support the objectives of SIS related to alerts on third-country nationals subject to a refusal of entry and stay, alerts on persons wanted for arrest for surrender purposes or extradition purposes, alerts on missing persons, alerts on persons sought to assist with a judicial procedure, alerts on persons for discreet checks or specific checks;

(e) support the objectives of SIS related to alerts on third-country nationals subject to a refusal of entry and stay, alerts on persons wanted for arrest for surrender purposes or extradition purposes, alerts on missing persons, alerts on persons sought to assist with a judicial procedure, alerts on persons for discreet checks or specific checks and alerts on third-country nationals subject to a return decision;

Text proposed by the Commission

Amendment

In particular, the ETIAS Central System shall build upon the EES Central System hardware and software components in order to establish a shared identity repository for the storage of the identity alphanumeric data of both ETIAS applicants and third-country nationals registered in EES. The identity alphanumeric data of ETIAS applicants stored in the shared identity repository shall form part of the ETIAS Central System. [This shared identity repository shall be the basis for the implementation of the Common Identity Repository (‘CIR’) established by Regulation Interoperability.]

In particular, the ETIAS Central System shall build upon the EES Central System hardware and software components in order to establish a shared identity repository for the storage of the identity alphanumeric data of both ETIAS applicants and third-country nationals registered in EES. The identity alphanumeric data of ETIAS applicants stored in the shared identity repository shall form part of the ETIAS Central System. This shared identity repository shall be the basis for the implementation of the Common Identity Repository (‘CIR’) established by Article 17 of Regulation (EU) 2019/817.

Text proposed by the Commission

Amendment

This is without prejudice to keeping the EES and ETIAS data logically separated and subject to access as defined in the regulations establishing the respective information systems.;

This is without prejudice to keeping the EES and ETIAS data logically separated and subject to access as defined in the regulations establishing the respective information systems in line with Article 18 of Regulation (EU) 2019/817.”;

Text proposed by the Commission

Amendment

(3a) in Article 7, the following paragraph is added:

“3a.  The ETIAS Central Unit shall provide periodical reports to the Commission and eu-Lisa concerning false hits generated during the automated processing referred to in Article 20 (2). The ETIAS Central Unit shall seek the cooperation of and information from, ETIAS National Units in that regard.”;

Text proposed by the Commission

Amendment

[Interoperability shall rely on the European Search Portal (‘ESP’), established by Article 6 of Regulation (EU) 2018/XXX (interoperability). During a transitional period, before the ESP is available, the automated processing shall rely on a tool developed by eu-LISA for the purpose of this paragraph. This tool shall be used as the basis for the development and implementation of the ESP, in accordance with Article 52 of that Regulation].

Interoperability shall rely on the ‘ESP’, from the date on which it starts operations, as defined in Article 72(1a) of Regulation (EU) 2019/817, for the purposes of the automated processing referred to in Article 20, Article 23, point (c)(ii) of Article 24(6), Article 41 and point (b) of Article 54(1) of this Regulation.

Text proposed by the Commission

Amendment

4. For the purpose of proceeding to the verifications referred to in Article 20(2)(c), (m)(ii) and (o), and Article 23(1), the automated processing referred to in Article 11(1), shall enable the ETIAS Central System to query the SIS established by Regulation (EU) 2018/1860 (border checks) with the following data of Articles 17(2)(a) to (d) and Article 17(2)(k):

4. For the purpose of proceeding to the verifications referred to in points (c), (m)(ii) and (na) of Article 20(2), and Article 23, the automated processing referred to in Article 11(1), shall enable the ETIAS Central System to query the SIS established by Regulations (EU) 2018/18611a (border checks) and (EU) 2018/18601b (returns) of the European Parliament and of the Council with the following data of Articles 17(2)(a) to (d) and Article 17(2)(k):

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1a Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 (OJ L 312, 7.12.2018, p. 14).

1b Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on the use of the Schengen Information System for the return of illegally staying third-country nationals (OJ L 312, 7.12.2018, p. 1).

Text proposed by the Commission

Amendment

6. For the purpose of proceeding to the verifications referred to in Article 20(2)(n), the automated processing referred to in Article 11(1), shall enable the ETIAS Central System to query the ECRIS-TCN data [in the CIR] established by [Regulation (EU) 2018/XXX], with the following data of Article 17(2)(a) to (d):

6. For the purpose of proceeding to the verifications referred to in Article 20(2)(n), the automated processing referred to in Article 11(1), shall enable the ETIAS Central System to query the ECRIS-TCN data in the CIR established by Regulation (EU) 2019/818*, with the following data of Article 17(2)(a) to (d):

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*  Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, p. 85).

Text proposed by the Commission

Amendment

(ea) country of birth;

Text proposed by the Commission

Amendment

8.  Where hits are identified, the tool referred to in Article 11, shall make temporarily available the results in the application file to the ETIAS Central Unit, until the end of the manual process pursuant to Article 22(2) and Article 23(2). Where the data made available correspond to those of the applicant or where doubts remain, the unique ID code of the data having triggered a hit shall be kept in the application file.

8.  Where hits are identified, the ESP, shall provide temporary read-only access to the results of the automated processing in the application file to the ETIAS Central Unit, until the end of the manual process pursuant to Article 22(2) and Article 23(2). Where the data made available correspond to those of the applicant or where doubts remain, the unique ID code of the data having triggered a hit shall be kept in the application file.

Text proposed by the Commission

Amendment

9. A hit shall be triggered where all or some of the data from the ETIAS application file used for the query correspond fully or partially to the data present in a record, alert or file of the other EU information systems consulted. The Commission shall, by means of an implementing act, define partial correspondence, including a degree of probability.

9. A hit shall be triggered where all or some of the data from the ETIAS application file used for the query correspond fully or partially to the data present in a record, alert or file of the other EU information systems consulted. The Commission shall adopt delegated acts in accordance with Article 89 in order to define partial correspondence, including a degree of probability to limit the number of false hits.

Text proposed by the Commission

Amendment

For the purpose of Articles 6, 14 and 17 of Regulation (EU) 2017/2226, an automated process, using the secure communication infrastructure of Article 6(2)(d) of this Regulation, shall query and import from the ETIAS Central System, the information referred to in Article 47(2) of this Regulation, as well as the application number and the end of validity period of an ETIAS travel authorisation, and update the entry/exit record in the EES accordingly.;

For the purpose of Articles 6, 14, 17 and 18 of Regulation (EU) 2017/2226, an automated process, using the secure communication infrastructure of point (d) of Article 6(2) of this Regulation, shall query and import from the ETIAS Central System, the information referred to in Article 47(2) of this Regulation, as well as the application number and the end of validity period of an ETIAS travel authorisation, and update the entry/exit record or the refusal of entry record in the EES accordingly.;

Text proposed by the Commission

Amendment

2. For the purpose of paragraph 1, a cooperation agreement is to be agreed upon between the European Union and INTERPOL. This cooperation agreement shall provide for the modalities for the exchange of information and safeguards for the protection of personal data.

2. If the implementation of paragraph 1 by means of a cooperation agreement is not ensured, ETIAS shall not query Interpol’s databases.

Present text

Amendment

(6a) in Article 20(2), the first subparagraph is replaced by the following:

2. The ETIAS Central System shall launch a query by using the ESP to compare the relevant data referred to in points (a), (aa), (b), (c), (d), (f), (g), (j), (k) and (m) of Article 17(2) and in Article 17(8) to the data present in a record, file or alert registered in an application file stored in the ETIAS Central System, SIS, the EES, VIS, Eurodac, Europol data and in the Interpol SLTD and TDAWN databases.’;

“2. The ETIAS Central System shall launch a query by using the ESP to compare the relevant data referred to in points (a), (aa), (b), (c), (d), (f), (g), (j), (k) and (m) of Article 17(2) and in Article 17(8) to the data present in a record, file or alert registered in an application file stored in the ETIAS Central System, SIS, the EES, VIS, Eurodac, ECRIS-TCN, Europol data and in the Interpol SLTD and TDAWN databases.”;

Text proposed by the Commission

Amendment

(n) whether the applicant corresponds to a person whose data is recorded in the ECRIS-TCN for terrorists offences and other serious criminal offences;

(n) whether the applicant corresponds to a person whose data is recorded in the ECRIS-TCN for a conviction in the past 20 years for terrorists offences or a conviction in the past 10 years for any other serious criminal offences as listed in the Annex to Regulation (EU) 2018/1240 where those criminal offences are punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years;

Text proposed by the Commission

Amendment

(7a) in Article 20(2), the following point is added:

“(na) whether the applicant is subject to an alert on return entered in SIS”.

Text proposed by the Commission

Amendment

(aa) the following point is added:

“(ca) an alert on third-country nationals subject to a return decision”;

Text proposed by the Commission

Amendment

2. Where the comparison referred to in paragraph 1 reports one or several hits, the ETIAS Central System shall send an automated notification to the ETIAS Central Unit. When notified, the ETIAS Central Unit shall have access to the application file and any linked application files, in order to verify whether the applicant’s personal data correspond to the personal data contained in the alert having triggered that hit and if a correspondence is confirmed, the ETIAS Central System shall send an automated notification to the SIRENE Bureau of the Member State that entered the alert. The SIRENE Bureau concerned shall further verify whether the applicant’s personal data correspond to the personal data contained in the alert having triggered the hit and take any appropriate follow-up action.;

2. Where the comparison referred to in paragraph 1 reports one or several hits, the ETIAS Central System shall send an automated notification to the ETIAS Central Unit. When notified, the ETIAS Central Unit shall have temporary access to the application file and any linked application files, in order to verify whether the applicant’s personal data correspond to the personal data contained in the alert having triggered that hit and if a correspondence is confirmed, the ETIAS Central System shall send an automated notification to the SIRENE Bureau of the Member State that entered the alert. The SIRENE Bureau concerned shall further verify whether the applicant’s personal data correspond to the personal data contained in the alert having triggered the hit and take any appropriate follow-up action.;

Text proposed by the Commission

Amendment

(da) Article 4 of Regulation (EU) 2018/1860 (returns);

Text proposed by the Commission

Amendment

2. The ETIAS National Units shall also have access to the national criminal records registers in order to obtain the information on third country national and stateless persons convicted for a terrorist offence or other serious criminal offence for the purposes referred to in paragraph 1.

2. Insofar as a hit results from a verification under point (n) of Article 20(2), the duly authorised staff of the ETIAS National Units shall also have access, in accordance with national law, to the national criminal records registers of their respective Member States in order to obtain the information on third country nationals and stateless persons convicted for a terrorist offence or any other criminal offence listed in the Annex to this Regulation for the purposes referred to in paragraph 1.

Text proposed by the Commission

Amendment

(11a) in Article 26 the following paragraph is inserted:

“3a. In the event of hits on SIS Return, the ETIAS national Unit of the Member State that is processing the application shall:

(a)  where the return decision is accompanied by an entry ban, immediately inform the issuing Member State through the exchange of supplementary information. The issuing Member State shall immediately delete the alert on return and enter an alert for refusal of entry and stay pursuant to point (b) of Article 24(1) of Regulation (EU) 2018/1861

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

Present text

Amendment

(11b) in Article 38(2), point (c) is replaced by the following:

(c) a statement of the grounds for refusal of the travel authorisation indicating the applicable grounds from those listed in Article 37(1) and (2) enabling the applicant to lodge an appeal;

“(c)  a statement of the grounds for refusal of the travel authorisation indicating the applicable grounds from those listed in Article 37(1) and (2), including information on which information system or systems generated a hit or hits that led to the refusal of the application, enabling the applicant to lodge an appeal. This shall be without prejudice to any limitations to the right to information as established under Union law.”;

Present text

Amendment

(12a) Article 46 is amended as follow:

(a)  paragraph 1 is replaced by the following:

1.  Where it is technically impossible to proceed with the query referred to in Article 45(1) because of a failure of any part of the ETIAS Information System, the carriers shall be exempted of the obligation to verify the possession of a valid travel authorisation. Where such a failure is detected by eu-LISA, the ETIAS Central Unit shall notify the carriers. It shall also notify the carriers once the failure is remedied. Where such a failure is detected by the carriers, they may notify the ETIAS Central Unit.

“1.  Where it is technically impossible to proceed with the query referred to in Article 45(1) because of a failure of any part of the ETIAS Information System, the carriers shall be exempted of the obligation to verify the possession of a valid travel authorisation. Where such a failure is detected by eu-LISA, the ETIAS Central Unit shall notify the carriers. It shall also notify the carriers once the failure is remedied. Where such a failure is detected by the carriers, they shall notify the ETIAS Central Unit.”;

Text proposed by the Commission

Amendment

(b)  the following paragraph is added:

“4a.  The ETIAS Central Unit shall provide operational support to carriers in relation to paragraph 1 and 3 of this Article. The ETIAS Central Unit shall establish procedures to provide such support in Standard Operational Procedures. The Commission shall, by means of implementing acts, specify the nature and the extent of the support to be provided and the means to provide such support.”;

Text proposed by the Commission

Amendment

(a) the necessary amendments to the legal acts establishing the EU information systems referred to in Article 11 with which interoperability, in the meaning of Article 11 of this Regulation, shall be established with the ETIAS Information System have entered into force, with the exception of the Eurodac recast;

(a) the necessary amendments to the legal acts establishing the EU information systems referred to in Article 11 with which interoperability, in the meaning of Article 11 of this Regulation, shall be established with the ETIAS Information System have entered into force, with the exception of the recast of Regulation (EU) No 603/2013 (Eurodac);

Text proposed by the Commission

Amendment

6. The interoperability, referred to in Article 11, with ECRIS-TCN shall start when [the CIR] enters into operations, which is scheduled in 2022. ETIAS’ operations shall start irrespective of whether that interoperability with ECRIS-TCN is put in place.

6. The interoperability, referred to in Article 11, with ECRIS-TCN shall start when the CIR enters into operations.

Text proposed by the Commission

Amendment

7. ETIAS shall start its operations irrespective of whether a cooperation agreement between the European Union and INTERPOL as referred to in Article 12(2) has been concluded and irrespective of whether it is possible to query Interpol’s databases.

7. ETIAS shall start its operations irrespective of whether it is possible to query Interpol’s databases.

Present text

Amendment

(13a) Article 89 is amended as follows:

(a)  paragraph 2 is replaced by the following:

2. The power to adopt delegated acts referred to in Article 6(4), Article 17(3), (5) and (6), Articles 18(4), 27(3), Article 31, Articles 33(2), 36(4), 39(2), 54(2), Article 83(1) and (3) and Article 85(3) shall be conferred on the Commission for a period of five years from 9 October 2018. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

‘2. The power to adopt delegated acts referred to in Article 6(4), Article 11(9), Article 17(3), (5) and (6), Articles 18(4), 27(3), Article 31, Articles 33(2), 36(4), 39(2), 54(2), Article 83(1) and (3) and Article 85(3) shall be conferred on the Commission for a period of five years from 9 October 2018. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.’;

Present text

Amendment

(b)  paragraph 3 is replaced by the following:

3. The delegation of power referred to in Article 6(4), Article 17(3), (5) and (6), Articles 18(4), 27(3), Article 31, Articles 33(2), 36(4), 39(2), 54(2), Article 83(1) and (3) and Article 85(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

“3. The delegation of power referred to in Article 6(4), Article 11(9), Article 17(3), (5) and (6), Articles 18(4), 27(3), Article 31, Articles 33(2), 36(4), 39(2), 54(2), Article 83(1) and (3) and Article 85(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.”;

Present text

Amendment

(c)  paragraph 6 is replaced by the following:

6.  A delegated act adopted pursuant to Article 6(4), Article 17(3), (5) or (6), Article 18(4), 27(3), Article 31, Article 33(2), 36(4), 39(2), 54(2), Article 83(1) or (3) or Article 85(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

“6.  A delegated act adopted pursuant to Article 6(4), Article 11(9), Article 17(3), (5) or (6), Article 18(4), 27(3), Article 31, Article 33(2), 36(4), 39(2), 54(2), Article 83(1) or (3) or Article 85(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.”;

Text proposed by the Commission

Amendment

(13b) in Article 92(5), the following point is inserted:

“(-a) the querying of ECRIS-TCN through ETIAS;”;

Text proposed by the Commission

Amendment

2. Access to the VIS for consulting the data shall be reserved exclusively to the duly authorised staff of the authorities of each Member State, including to duly authorised staff of the ETIAS National Units, designated pursuant to Article 8 of Regulation (EU) 2018/1240 of the European Parliament and of the Council*, which are competent for the purposes laid down in Articles 15 to 22, and for the duly authorised staff of the national authorities of each Member States and of the EU bodies which are competent for the purposes laid down in [Article 20 and Article 21 of the Regulation 2018/xx on interoperability] limited to the extent that the data are required for the performance of their tasks in accordance with those purposes, and proportionate to the objectives pursued.

2. Access to the VIS for consulting the data shall be reserved exclusively to the duly authorised staff of the ETIAS Central Unit and to the duly authorised staff of the authorities of each Member State, including to duly authorised staff of the ETIAS National Units, designated pursuant to Article 8 of Regulation (EU) 2018/1240 of the European Parliament and of the Council*, which are competent for the purposes laid down in Article 6a and 6b, Articles 15 to 22, and Article 22g and for the duly authorised staff of the national authorities of each Member State and of the Union agencies which are competent for the purposes laid down in Article 20 and Article 21 of Regulation (EU) 2019/817 on interoperability limited to the extent that the data are required for the performance of their tasks in accordance with those purposes, and proportionate to the objectives pursued.

Text proposed by the Commission

Amendment

1. From the start of operations of ETIAS, as provided for in Article 88(1) of Regulation (EU) 2018/1240, the ‘CS-VIS’ shall be connected to the tool referred to in Article 11 of Regulation (EU) 2018/1240 to enable the automated processing referred to in that Article.

1. From the start of operations of ETIAS, as provided for in Article 88(1) of Regulation (EU) 2018/1240, the ‘CS-VIS’ shall be connected to the ESP to enable the automated processing referred to in that Article.

Text proposed by the Commission

Amendment

For the purpose of proceeding to the verifications point (i) of Article 20(2) of Regulation (EU) 2018/1240, the ETIAS Central System shall use the tool referred to in Article 11 of that Regulation to compare the data in ETIAS with the data in the VIS, in accordance with Article 11(8) of that Regulation, using the correspondences listed in the table in annex II.

For the purpose of proceeding to the verifications point (i) of Article 20(2) of Regulation (EU) 2018/1240, the ETIAS Central System shall use the ESP to compare the data in ETIAS with the data in the VIS, in accordance with Article 11(8) of that Regulation, using the correspondences listed in the table in annex II.

Text proposed by the Commission

Amendment

1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, the right to access and search relevant data in VIS a read-only format and in accordance with Article 11(8) of that Regulation.

1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, the right to access and search relevant data in VIS in accordance with Article 11(8) of that Regulation.

Text proposed by the Commission

Amendment

2. Where a verification by the ETIAS Central Unit confirms the correspondence between data recorded in the ETIAS application file and data in the EES or where doubts remain, the procedure set out in Article 26 of Regulation (EU) 2018/1240 applies, without prejudice to Article 24 of Regulation (EU) 2018/1240.

2. Where a verification by the ETIAS Central Unit in accordance with Article 22 of Regulation (EU) 2018/1240 confirms the correspondence between data recorded in the ETIAS application file and data in the VIS or where doubts remain, the procedure set out in Article 26 of Regulation (EU) 2018/1240 applies.

Text proposed by the Commission

Amendment

1. Consultation of VIS by ETIAS National Units shall be done using the same alphanumerical data as those used for the automated processing referred to in Article 18b(2).

1. Consultation of VIS by ETIAS National Units as referred to in Article 8(1) of Regulation (EU) 2018/1240 shall be done using the same alphanumerical data as those used for the automated processing referred to in Article 18b(2) of this Regulation.

Text proposed by the Commission

Amendment

2. The ETIAS National Units, designated pursuant to Article 8(1) of Regulation (EU) 2018/1240, shall have access to and may consult VIS, in a read-only format, for the purpose of examining applications for travel authorisation pursuant to Article 8(2) of that Regulation. The ETIAS National Units may consult the data referred to in Articles 9 to 14 of this Regulation.

2. The ETIAS National Units shall have temporary access to consult VIS, in a read-only format, for the purpose of examining applications for travel authorisation pursuant to Article 8(2) of that Regulation. The ETIAS National Units may consult the data referred to in Articles 9 to 14 of this Regulation.

Text proposed by the Commission

Amendment

Keeping of logs

Keeping of logs for the purpose of interoperability with ETIAS

Text proposed by the Commission

Data of Article 17(2) of Regulation 2018/1240 sent by ETIAS Central System

The VIS corresponding data of Article 9(4) of this Regulation against which the ETIAS data should be checked

Amendment

Data of Article 17(2) of Regulation 2018/1240 sent by ETIAS Central System

The corresponding VIS data of Article 9(4) of this Regulation against which data in ETIAS are to be checked

Text proposed by the Commission

Amendment

An automated process, using the secure communication infrastructure of Article 6(2)(d) of Regulation (EU) 2018/1240, shall enable the EES to create or update the entry/exit record or the refusal of entry record of a visa exempt third country national in the EES in accordance with Articles 14 and 17 of this Regulation.

An automated process, using the secure communication infrastructure of Article 6(2)(d) of Regulation (EU) 2018/1240, shall enable the EES to create or update the entry/exit record or the refusal of entry record of a visa exempt third country national in the EES in accordance with Articles 14, 17 and 18 of this Regulation.

Text proposed by the Commission

Amendment

Where an entry/exit record of a visa exempt third country national is created, the automated process shall enable the Central System of the EES the following:

Where an entry/exit record or a refusal of entry record of a visa exempt third country national is created, the automated process shall enable the Central System of the EES the following:

Text proposed by the Commission

Amendment

(ba) to update the refusal of entry record in the EES in accordance with point (b) of Article 18(1) of this Regulation.

Text proposed by the Commission

Amendment

1. From the start of operations of ETIAS, as provided for in Article 88(1) of Regulation (EU) 2018/1240, the Central System of the EES shall be connected to the tool referred to in Article 11 of Regulation (EU) 2018/1240 to enable the automated processing referred to in that Article.

1. From the start of operations of ETIAS, as provided for in Article 88(1) of Regulation (EU) 2018/1240, the Central System of the EES shall be connected to the ESP to enable the automated processing referred to in that Article.

Text proposed by the Commission

Amendment

For the purpose of proceeding to the verifications referred to in points (g) and (h) of Article 20(2) of Regulation (EU) 2018/1240, the ETIAS Central System shall use the tool referred to in Article 11 of that Regulation to compare the data in ETIAS with the data in the EES, in accordance with Article 11(8) of that Regulation, using the correspondences listed in the table in annex III.

For the purpose of proceeding to the verifications referred to in points (g) and (h) of Article 20(2) of Regulation (EU) 2018/1240, the ETIAS Central System shall use the ESP to compare the data in ETIAS with the data in the EES, in accordance with Article 11(8) of that Regulation, using the correspondences listed in the table in annex III.

Text proposed by the Commission

Amendment

1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, the right to access and search data in the EES in a real only formant and in accordance with Article 11(8) of that Regulation.

1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, the right to access and search data in the EES in accordance with Article 11(8) of that Regulation.

Text proposed by the Commission

Amendment

2. Where a verification by the ETIAS Central Unit confirms the correspondence between data recorded in the ETIAS application file and data in the EES or where doubts remain, the procedure set out in Article 26 of Regulation (EU) 2018/1240 applies.

2. Where a verification by the ETIAS Central Unit under Article 22 of Regulation (EU) 2018/1240 confirms the correspondence between data recorded in the ETIAS application file and data in the EES or where doubts remain, the procedure set out in Article 26 of Regulation (EU) 2018/1240 applies.

Text proposed by the Commission

Amendment

Data retrieved from the EES pursuant to Articles 24, 25, 26 and 27 may be kept in national files and data retrieved from the EES pursuant to Article 25a may be kept in the ETIAS application files only where necessary in an individual case, in accordance with the purpose for which they were retrieved and with relevant Union law, in particular on data protection, and for no longer than strictly necessary in that individual case.

Data retrieved from the EES pursuant to Articles 24, 25, 26 and 27 may be kept in national files and data retrieved from the EES pursuant to Article 25a may be kept in the ETIAS application files only where necessary in an individual case, in accordance with the purpose for which they were retrieved, and in accordance with relevant Union law, in particular on data protection, and for no longer than strictly necessary  for for that individual case.

Text proposed by the Commission

Data of Article 17(2) of Regulation 2018/1240 sent by ETIAS Central System

The EES corresponding data of Article 17(1)(a) of this Regulation against which the ETIAS data should be checked

Amendment

Data of Article 17(2) of Regulation 2018/1240 sent by ETIAS Central System

The corresponding EES data of point (a) of Article 17(1) of this Regulation against which thedata in ETIAS are to be checked

Text proposed by the Commission

Amendment

Keeping of logs for the purpose of the interoperability with ETIAS in the meaning of Article 11 of Regulation (EU) 2018/1240

Keeping of logs for the purpose of interoperability with ETIAS

Text proposed by the Commission

Amendment

(g) manual processing of ETIAS applications by the ETIAS National Unit, pursuant to Article 8 of Regulation (EU) 2018/1240.

(h) manual processing of ETIAS applications by the ETIAS National Unit, pursuant to Article 8 of Regulation (EU) 2018/1240.

Text proposed by the Commission

Amendment

1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, the right to access and search relevant data entered in SIS. The provisions of Article 36(4)-(8) apply to this access and search.

1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, the right to access and search relevant data entered in SIS in accordance with Article 11(8) of that Regulation. The provisions of Article 36(4) to (8) apply to this access and search.

Text proposed by the Commission

Amendment

2. Without prejudice to Article 24 of Regulation (EU) 2018/1240, where a verification by the ETIAS Central Unit confirms the correspondence of the data recorded in the ETIAS application file to an alert in SIS, the procedure set out in Article 26 of Regulation (EU) 2018/1240 applies.

2. Without prejudice to Article 24 of Regulation (EU) 2018/1240, where a verification by the ETIAS Central Unit under Article 22 of Regulation (EU) 2018/1240 confirms the correspondence of the data recorded in the ETIAS application file to an alert in SIS or where doubts remain, the procedure set out in Article 26 of Regulation (EU) 2018/1240 applies.

Text proposed by the Commission

Amendment

1. From the start of operations of ETIAS, as provided for in Article 88(1) of Regulation (EU) 2018/1240, the Central System of SIS shall be connected to the tool referred to in Article 11 of Regulation (EU) 2018/1240 to enable the automated processing referred to in that Article.

1. From the start of operations of ETIAS, as provided for in Article 88(1) of Regulation (EU) 2018/1240, the Central System of SIS shall be connected to the ESP to enable the automated processing referred to in that Article.

Text proposed by the Commission

Amendment

1a. The automated processing referred to in Article 11 of Regulation (EU) 2018/1240 shall enable the verifications provided for in Article 20, point (c)(ii) of Article 24(6), Article 41 and point (b) of Article 54(1) and the subsequent verifications provided for in Articles 22 and 26 of that Regulation.

Text proposed by the Commission

Amendment

2. For the purpose of proceeding to the verifications of Article 20(2)(c), (m)(ii) and (o) of Regulation (EU) 2018/1240, the ETIAS Central System shall use the tool, referred to in Article 11 of that Regulation, to compare the data referred to in Article 11(4) Regulation (EU) 2018/1240, to data in SIS, in accordance with Article 11(8) of that Regulation.

2. For the purpose of proceeding to the verifications of point (c) and point (m)(ii) of Article 20(2), point (c)(ii) of Article 24(6) and point (b) of Article 54(1) of Regulation (EU) 2018/1240, the ETIAS Central System shall use the ESP to compare the data referred to in Article 11(4) Regulation (EU) 2018/1240, to data in SIS, in accordance with Article 11(8) of that Regulation.

Text proposed by the Commission

Amendment

3. Where a new alert referred to in Article 41(3) of Regulation (EU) 2018/1240 is entered in SIS, the Central System shall transmit the information on this alert, using the automated processing and the tool referred to in Article 11 of that Regulation, to the ETIAS Central System, in order to verify whether this new alert corresponds to an existing travel authorisation.

3. Where a new alert referred to in Article 41(3) of Regulation (EU) 2018/1240 is entered in SIS, the Central System shall transmit the information on this alert, using the automated processing and the ESP, to the ETIAS Central System, in order to verify whether this new alert corresponds to an existing travel authorisation.

Text proposed by the Commission

Amendment

Article 4a

Amendments to Regulation (EU) 2019/817 (Interoperability Border)

In Article 72, the following paragraph is inserted:

“1a. Without prejudice to paragraph 1 of this Article, for the purposes of the automated processing referred to in Article 20, Article 23, point (c)(ii) of Article 24(6), Article 41 and point (b) of Article 54(1) of Regulation (EU) 2018/1240, the ESP shall start operations, limited to those purposes, once the conditions laid down in Article 88 of Regulation (EU) 2018/1240 have been met.”.

Text proposed by the Commission

Amendment

It shall apply from the date determined in accordance with the second paragraph of Article 96 of Regulation (EU) 2018/1240.

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