Amendments to Regulation (EC) No 767/2008
Regulation (EC) No 767/2008 is amended as follows:
(1)
Article 6(2) is replaced by the following:
‘2. Access to the VIS for consulting the data shall be reserved exclusively for the duly authorised staff of:
(a)
the national authorities of each Member State and of the Union bodies which are competent for the purposes of Articles 15 to 22, Articles 22g to 22m and Article 45e of this Regulation;
(b)
the ETIAS Central Unit and the ETIAS National Units, designated pursuant to Articles 7 and 8 of Regulation (EU) 2018/1240, for the purposes of Articles 18c and 18d of this Regulation and for the purposes of Regulation (EU) 2018/1240; and
(c)
the national authorities of each Member State and of the Union bodies which are competent for the purposes of Articles 20 and 21 of Regulation (EU) 2019/817.
Such access shall be limited to the extent to which the data are required for the performance of the tasks of those authorities and Union bodies in accordance with those purposes and proportionate to the objectives pursued.’;
(2)
the following articles are inserted:
‘Article 18b
Interoperability with ETIAS
1. From the date of the start of operations of ETIAS, as determined in accordance with Article 88(1) of Regulation (EU) 2018/1240, the VIS shall be connected to the ESP to enable the automated verifications pursuant to Article 20, point (c)(ii) of Article 24(6), and point (b) of Article 54(1) of that Regulation.
2. The automated verifications pursuant to Article 20, point (c)(ii) of Article 24(6), and point (b) of Article 54(1) of Regulation (EU) 2018/1240 shall enable the verifications provided for in Article 20 of that Regulation and the subsequent verifications provided for in Articles 22 and 26 of that Regulation.
For the purpose of proceeding with the verifications referred to in point (i) of Article 20(2) of Regulation (EU) 2018/1240, the ETIAS Central System shall use the ESP to compare the data stored in ETIAS with the data stored in the VIS, in accordance with Article 11(8) of that Regulation, using the data listed in the correspondence table set out in Annex II to this Regulation.
Article 18c
Access to VIS data by the ETIAS Central Unit
1. For the purpose of performing the tasks conferred on it by Regulation (EU) 2018/1240, the ETIAS Central Unit shall have the right to access and search relevant VIS data in accordance with Article 11(8) of that Regulation.
2. Where a verification by the ETIAS Central Unit in accordance with Article 22 of Regulation (EU) 2018/1240 confirms a correspondence between data recorded in the ETIAS application file and VIS data or where after such verification doubts remain, the procedure set out in Article 26 of that Regulation shall apply.
Article 18d
Use of the VIS for the manual processing of applications by the ETIAS National Units
1. ETIAS National Units, as referred to in Article 8(1) of Regulation (EU) 2018/1240, shall consult the VIS using the same alphanumerical data as those used for the automated verifications pursuant to Article 20, point (c)(ii) of Article 24(6) and point (b) of Article 54(1) of that Regulation.
2. The ETIAS National Units shall have temporary access to consult the VIS, in a read-only format, for the purpose of examining applications for travel authorisation pursuant to Article 8(2) of Regulation (EU) 2018/1240. The ETIAS National Units may consult the data referred to in Articles 9 to 14 of this Regulation.
3. Following consultation of the VIS by ETIAS National Units, as referred to in Article 8(1) of Regulation (EU) 2018/1240, duly authorised staff of the ETIAS National Units shall record the result of the consultation only in the ETIAS application files.’;
(3)
the following article is inserted:
‘Article 34a
Keeping of logs for the purposes of interoperability with ETIAS
Logs of each data processing operation carried out within the VIS and ETIAS pursuant to Article 20, point (c)(ii) of Article 24(6), and point (b) of Article 54(1) of Regulation (EU) 2018/1240 shall be kept in accordance with Article 34 of this Regulation and Article 69 of Regulation (EU) 2018/1240.’;
(4)
the Annex is numbered as Annex I and the following annex is added:
‘ANNEX II
Correspondence table
Data as referred to in Article 17(2) of Regulation (EU) 2018/1240 sent by the ETIAS Central System
The corresponding VIS data referred to in Article 9(4) of this Regulation with which data in ETIAS are to be compared
surname (family name)
surnames
surname at birth
surname at birth (former family name(s))
first name(s) (given name(s))
first name(s)
date of birth
date of birth
place of birth
place of birth
country of birth
country of birth
sex
sex
current nationality
current nationality or nationalities and nationality at birth
other nationalities (if any)
current nationality or nationalities and nationality at birth
type of the travel document
type of the travel document
number of the travel document
number of the travel document
country of issue of the travel document
the country which issued the travel document
Amendments to Regulation (EU) 2017/2226
Regulation (EU) 2017/2226 is amended as follows:
(1)
in Article 6(1), the following point is added:
‘(k)
support the objectives of the European Travel Information and Authorisation System (ETIAS) established by Regulation (EU) 2018/1240 of the European Parliament and of the Council ( *8 ) .
( *8 ) 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 ).’;"
(2)
the following articles are inserted:
‘Article 8a
Automated process with ETIAS
1. An automated process, using the secure communication channel referred to in point (da) of Article 6(2) 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.
Where an entry/exit record or a refusal of entry record of a visa exempt third-country national is created, the automated process referred to in the first subparagraph shall enable the EES Central System:
(a)
to query and to import from the ETIAS Central System the information referred to in Article 47(2) of Regulation (EU) 2018/1240, the application number and the expiry date of the ETIAS travel authorisation;
(b)
to update the entry/exit record in the EES in accordance with Article 17(2) of this Regulation; and
(c)
to update the refusal of entry record in the EES in accordance with point (b) of Article 18(1) of this Regulation.
2. An automated process, using the secure communication channel referred to in point (da) of Article 6(2) of Regulation (EU) 2018/1240, shall enable the EES to process queries received from the ETIAS Central System and to send the corresponding answers in accordance with Article 11c and Article 41(8) of that Regulation. Where necessary, the EES Central System shall record the fact that a notification is to be sent to the ETIAS Central System as soon as an entry/exit record indicating that the applicant having requested revocation of the travel authorisation has left the territory of the Member States has been created.
Article 8b
Interoperability with ETIAS
1. From the date of the start of operations of ETIAS, as determined in accordance with Article 88(1) of Regulation (EU) 2018/1240, the EES Central System shall be connected to the ESP to enable the automated verifications pursuant to Article 20, point (c)(ii) of Article 24(6), Article 41 and point (b) of Article 54(1) of that Regulation.
2. Without prejudice to Article 24 of Regulation (EU) 2018/1240, the automated verifications pursuant to Article 20, point (c)(ii) of Article 24(6), Article 41 and point (b) of Article 54(1) of that Regulation shall enable the verifications provided for in Article 20 of that Regulation and the subsequent verifications provided for in Articles 22 and 26 of that Regulation.
For the purpose of proceeding with 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 stored in ETIAS with EES data, in accordance with Article 11(8) of that Regulation, using the data listed in the correspondence table set out in Annex III to this Regulation.
The verifications referred to in points (g) and (h) of Article 20(2) of Regulation (EU) 2018/1240 shall be without prejudice to the specific rules provided for in Article 24(3) of that Regulation.’;
(3)
in Article 9, the following paragraph is inserted:
‘2a. The duly authorised staff of the ETIAS National Units, designated pursuant to Article 8 of Regulation (EU) 2018/1240, shall have access to the EES to consult EES data in a read-only format.’;
(4)
the following article is inserted:
‘Article 13a
Fall-back procedures in the case of technical impossibility to access data by carriers
1. Where it is technically impossible to proceed with the verification referred to in Article 13(3), because of a failure of any part of the EES, the carriers shall be exempt from the obligation to verify whether the third-country national holding a short-stay visa issued for one or two entries has already used the number of entries authorised by their visa. Where such a failure is detected by eu-LISA, the ETIAS Central Unit shall notify the carriers and the Member States. It shall also notify the carriers and the Member States when the failure is remedied. Where such a failure is detected by the carriers, they may notify the ETIAS Central Unit. The ETIAS Central Unit shall inform the Member States without delay about the notification of the carriers.
2. Where, for other reasons than a failure of any part of the EES, it is technically impossible for a carrier to proceed with the verification referred to in Article 13(3) for a prolonged period of time, the carrier shall notify the ETIAS Central Unit. The ETIAS Central Unit shall inform the Member States without delay about the notification of that carrier.
3. The Commission shall, by means of an implementing act, lay down the details of the fall-back procedures referred to in this Article. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 68(2).
4. The ETIAS Central Unit shall provide operational support to carriers in relation to paragraphs 1 and 2. The ETIAS Central Unit shall establish standard operational procedures setting out how such support is to be provided. The Commission shall, by means of implementing acts, adopt further detailed rules relating to the support to be provided and to the means to provide such support. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 68(2).’;
(5)
in Article 17(2), the following subparagraph is added:
‘The following data shall also be entered in the entry/exit record:
(a)
the ETIAS application number;
(b)
the expiry date of the ETIAS travel authorisation;
(c)
in the case of an ETIAS travel authorisation with limited territorial validity, the Member State or Member States for which it is valid.’;
(6)
in Article 18(1), point (b) is replaced by the following:
‘(b)
for visa-exempt third-country nationals, the alphanumeric data required pursuant to Article 17(1) and (2) of this Regulation;’;
(7)
the following articles are inserted:
‘Article 25a
Access to EES data by the ETIAS Central Unit
1. For the purpose of performing the tasks conferred on it by Regulation (EU) 2018/1240, the ETIAS Central Unit shall have the right to access and search EES data in accordance with Article 11(8) of that Regulation.
2. Where a verification by the ETIAS Central Unit in accordance with Article 22 of Regulation (EU) 2018/1240 confirms a correspondence between data recorded in the ETIAS application file and EES data or where after such verification doubts remain, the procedure set out in Article 26 of that Regulation shall apply.
Article 25b
Use of the EES for the manual processing of applications by the ETIAS National Units
1. ETIAS National Units, as referred to in Article 8(1) of Regulation (EU) 2018/1240, shall consult the EES using the same alphanumerical data as those used for the automated verifications pursuant to Article 20, point (c)(ii) of Article 24(6), Article 41 and point (b) of Article 54(1) of that Regulation.
2. The ETIAS National Units shall have access to and may consult the EES, in a read-only format, for the purpose of examining applications for travel authorisation, pursuant to Article 8(2) of Regulation (EU) 2018/1240. The ETIAS National Units may consult the data referred to in Articles 16 to 18 of this Regulation, without prejudice to Article 24 of Regulation (EU) 2018/1240.
3. Following consultation of the EES by ETIAS National Units, as referred to in Article 8(1) of Regulation (EU) 2018/1240, duly authorised staff of the ETIAS National Units shall record the result of the consultation only in the ETIAS application files.’;
(8)
Article 28 is replaced by the following:
‘Article 28
Keeping of data retrieved from the EES
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 Articles 25a and 25b 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 in that individual case.’;
(9)
in Article 46(2), the following subparagraph is added:
‘Logs of each data processing operation carried out within the EES and ETIAS pursuant to Articles 8a, 8b and 25a of this Regulation shall be kept in accordance with this Article and Article 69 of Regulation (EU) 2018/1240.’;
(10)
The following annex is added:
ANNEX III
Correspondence table
Data as referred to in Article 17(2) of Regulation (EU) 2018/1240 sent by the ETIAS Central System
The corresponding EES data referred to in point (a) of Article 17(1) of this Regulation with which the data in ETIAS are to be compared
surname (family name)
surnames
surname at birth
surnames
first name(s) (given name(s))
first name or names (given names)
other names (alias(es), artistic name(s), usual name(s))
first name or names (given names)
date of birth
date of birth
sex
sex
current nationality
nationality or nationalities
other nationalities (if any)
nationality or nationalities
type of the travel document
type of the travel document
number of the travel document
number of the travel document
country of issue of the travel document
the three letter code of the issuing country of the travel document
Amendment to Regulation (EU) 2018/1860
In Regulation (EU) 2018/1860, Article 19 is replaced by the following:
‘Article 19
Applicability of Regulation (EU) 2018/1861
Insofar as not established in this Regulation, the entry, processing and updating of alerts, the provisions on responsibilities of the Member States and eu-LISA, the conditions concerning access and the review period for alerts, data processing, data protection, liability and monitoring and statistics, as laid down in Articles 6 to 19, Article 20(3) and (4), Articles 21, 23, 32 and 33, Article 34(5) and Articles 36a, 36b, 36c and 38 to 60 of Regulation (EU) 2018/1861, shall apply to data entered and processed in SIS in accordance with this Regulation.’.
Amendments to Regulation (EU) 2018/1861
Regulation (EU) 2018/1861 is amended as follows:
(1)
the following article is inserted:
‘Article 18b
Keeping of logs for the purposes of interoperability with ETIAS
Logs of each data processing operation carried out within SIS and ETIAS pursuant to Articles 36a and 36b of this Regulation shall be kept in accordance with Article 18 of this Regulation and Article 69 of Regulation (EU) 2018/1240 of the European Parliament and of the Council ( *9 ) .
( *9 ) 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 ).’;"
(2)
in Article 34(1), the following point is added:
‘(h)
the manual processing of ETIAS applications by the ETIAS National Unit, pursuant to Article 8 of Regulation (EU) 2018/1240.’;
(3)
the following articles are inserted:
‘Article 36b
Access to SIS data by the ETIAS Central Unit
1. For the purpose of performing the tasks conferred on it by Regulation (EU) 2018/1240, the ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of that Regulation, shall have the right to access and search relevant data entered in SIS in accordance with Article 11(8) of that Regulation. Article 36(4) to (8) of this Regulation shall apply to that access and search.
2. Without prejudice to Article 24 of Regulation (EU) 2018/1240, where a verification by the ETIAS Central Unit in accordance with Article 22 of that Regulation confirms a correspondence between data recorded in the ETIAS application file and an alert in SIS or where after such verification doubts remain, the procedure set out in Article 26 of that Regulation shall apply.
Article 36c
Interoperability with ETIAS
1. From the date of the start of operations of ETIAS, as determined in accordance with Article 88(1) of Regulation (EU) 2018/1240, the Central SIS shall be connected to the ESP to enable the automated verifications pursuant to Article 20, Article 23, point (c)(ii) of Article 24(6), Article 41 and point (b) of Article 54(1) of that Regulation and the subsequent verifications provided for in Articles 22 and 26 of that Regulation.
2. For the purpose of proceeding with the verifications referred to in points (c), (m)(ii) and (o) of Article 20(2) of Regulation (EU) 2018/1240, the ETIAS Central System shall use the ESP to compare the data referred to in Article 11(4) of that Regulation to data in SIS in accordance with Article 11(8) of that Regulation.
3. For the purpose of proceeding with the verifications referred to in 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 regularly verify whether an alert for refusal of entry and stay entered in SIS which gave rise to the refusal, annulment or revocation of a travel authorisation has been deleted.
4. Pursuant to Article 41(3) of Regulation (EU) 2018/1240, where a new alert for refusal of entry and stay is entered in SIS, Central SIS shall transmit the data referred to in points (a) to (d), (f) to (i) and (s) to (v) of Article 20(2) of this Regulation to the ETIAS Central System, using the ESP, in order to verify whether that new alert corresponds to a valid travel authorisation.’.
Amendment to Regulation (EU) 2019/817
In Article 72 of Regulation (EU) 2019/817, the following paragraph is inserted:
‘1b. Without prejudice to paragraph 1 of this Article, the ESP shall start operations, for the purposes of the automated verifications pursuant to 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 only, once the conditions laid down in Article 88 of that Regulation have been met.’.
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