Amendments to Regulation (EU) 2016/794
Article 1
Open ↗Regulation (EU) 2016/794 is amended as follows: (1) Article 4(1) is amended as follows: (a) the following points are added: ‘(n) manage the ETIAS watchlist in accordance with Articles 34 and 35 of Regulation (EU) 2018/1240 of the European Parliament and of the Council ( *1 ) ; (o) enter data into the ETIAS watchlist related to terrorist offences or other serious criminal offences obtained by Europol, without prejudice to the conditions regulating Europol’s international cooperation; (p) provide an opinion following a consultation request referred to in Article 29 of Regulation (EU) 2018/1240. ( *1 ) Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 ( OJ L 236, 19.9.2018, p. 1 ).’;" (b) the following subparagraph is added: ‘For the purpose of carrying out the task referred to in point (n) of the first subparagraph of this paragraph, Europol’s Management Board shall, after consulting the EDPS, adopt the procedures referred to in Article 35 of Regulation (EU) 2018/1240’. (2) Article 21 is amended as follows: (a) the title is replaced by the following: ‘Article 21 Access by Eurojust, OLAF and, only for purposes of ETIAS, by the European Border and Coast Guard Agency to information stored by Europol’; (b) the following paragraph is inserted: ‘1a. Europol shall take all appropriate measures to enable the European Border and Coast Guard Agency, within its mandate and for the purposes of Regulation (EU) 2018/1240, to have indirect access on the basis of a hit/no hit system to data provided for the purposes of point (j) of Article 20(2) of that Regulation, without prejudice to any restrictions indicated by the Member State, Union body, third country or international organisation providing the information in question, in accordance with Article 19(2) of this Regulation. In the case of a hit, Europol shall initiate the procedure by which the information that generated the hit may be shared, in accordance with the decision of the provider of the information to Europol, and only to the extent that the data generating the hit are necessary for the performance of the European Border and Coast Guard Agency tasks related to ETIAS. Paragraphs 2 to 7 of this Article shall apply accordingly.’.