Access to data by immigration authorities
Article 49
1. For the purpose of checking or verifying if the conditions for entry or stay on the territory of the Member States are fulfilled and for the purpose of taking appropriate measures relating thereto, the immigration authorities of the Member States shall have access to search the ETIAS Central System with the data referred to in points (a) to (e) of Article 17(2). 2. Access to the ETIAS Central System under paragraph 1 of this Article shall be allowed only where the following conditions are met: (a) a prior search has been conducted in the EES under Article 26 of Regulation (EU) 2017/2226; and (b) the search result indicates that the EES does not contain an entry record corresponding to the presence of the third-country national on the territory of Member States. Where necessary, fulfilment of the conditions referred to in points (a) and (b) of the first subparagraph of this paragraph shall be verified by accessing the logs in the EES provided for under Article 46 of Regulation (EU) 2017/2226 which correspond to the search referred to in point (a) of the first subparagraph of this paragraph and to the answer referred to in point (b) of that subparagraph. 3. The ETIAS Central System shall respond by indicating whether or not the person has a valid travel authorisation and, in the case of a travel authorisation with limited territorial validity issued under Article 44, the Member States for which that travel authorisation is valid. The ETIAS Central System shall also indicate whether the travel authorisation will expire within the next 90 days and the remaining validity period. In the case of minors, the immigration authorities shall also have access to the information relating to the traveller’s parental authority or legal guardian referred to in point (k) of Article 17(2).