Access to data by border authorities at the external borders
1. Border authorities shall access the ETIAS Central System to consult the data required for the performance of their duties.
Border authorities shall have access to search the ETIAS Central System, with the following data of the machine-readable zone of the travel document:
(a)
surname (family name); first name or names (given names);
(b)
date of birth; sex; nationality or nationalities;
(c)
the type and number of the travel document and the three letter code of the issuing country of the travel document;
(d)
the date of expiry of the validity of the travel document.
All data listed in the second subparagraph shall be used to initiate the search. The data listed in point (a) may be searched in inexact mode while the other data shall be searched in exact mode.
2. Searches performed with the data listed in paragraph 1 of this Article shall return the data referred to in Article 47(2), points (a) to (d), of Regulation (EU) 2018/1240.
3. In accordance with Article 47(4) of Regulation (EU) 2018/1240, border authorities shall be able to access the ETIAS Central System to consult additional information that has been added to the application file in accordance with Article 39(1), point (e) or Article 44(6), point (f) of that Regulation. For this purpose border authorities shall have access, via the European search portal, to search the ETIAS Central System using the data listed in paragraph 1, second subparagraph of this Article.
Until the European search portal is operational for use by border authorities, those searches shall be carried out directly in the ETIAS Central System.
4. Searches performed in accordance with paragraph 3 of this Article shall return the data referred to in Article 39(1), point (e) or Article 44(6), point (f) of Regulation (EU) 2018/1240.
Access to data by immigration authorities
1. Immigration authorities shall have access via the European Search Portal to search the ETIAS Central System for checking or verifying if the conditions for entry to or stay on the territory of the Member States are fulfilled and for taking appropriate measures relating thereto. Pursuant to Article 49(1) of Regulation (EU) 2018/1240, immigration authorities shall have access to search the ETIAS Central System with the data listed in Article 17(2), points (a) to (e) of that Regulation.
Any combination of the data listed in Article 17(2), points (a) to (e) of Regulation (EU) 2018/1240 may be used as long as data referred to in Article 17(2), point (a) of that Regulation are used. Those searches may be performed in inexact mode.
Until the European search portal is operational for use by immigration authorities, those searches shall be carried out directly in the ETIAS Central System.
2. Searches performed in accordance with paragraph 1 of this Article shall return the data referred to in Article 49(3) of Regulation (EU) 2018/1240.
3. Immigration authorities shall also have access to the ETIAS Central System for the purpose of return, under the conditions laid down in Article 65(3) of Regulation (EU) 2018/1240.
Immigration authorities shall have access to search the ETIAS Central System with the data referred to in paragraph 1 of this Article.
Any combination of the data referred to in paragraph 1 of this Article may be used as long as data referred to in Article 17(2), point (a) of Regulation (EU) 2018/1240 are used.
4. Searches performed in accordance with paragraphs 1 and 3 of this Article shall return the data referred to in the third subparagraph of Article 65(3) of Regulation (EU) 2018/1240. Data referred to in Article 17(2), point (k) of that Regulation shall only be returned if ‘date of birth’ was used in the search.
Entry into force
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
