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Decision

Commission Implementing Decision (EU) 2022/1620 of 19 September 2022 laying down model contingency measures for cases of technical impossibility to access data at the external borders, including fall-back procedures to be followed by border authorities pursuant to Article 48(4) of Regulation (EU) 2018/1240 of the European Parliament and the Council

CELEX
Implementing Decision (EU) 2022/1620
Date of document
Articles
2
Source
EUR-Lex
Article 1Model contingency measures including fall-back procedures for the cases of technical impossibility to access data at the external borders

1.   Where it is technically impossible to proceed with the consultation or the search referred to in Article 48(1) and (2) of Regulation (EU) 2018/1240, border authorities may:

(a)

request third-country nationals to provide the status of their travel authorisation (valid, refused, annulled or revoked) and the period of validity; to that end, border authorities may establish an internet connection or give access to equipment installed at border crossing points for third-country nationals to connect to the verification tool referred to in Commission Delegated Decision (EU) 2019/970  ( 11 ) ;

(b)

store information related to entries locally, such as identity data or travel document data, for the purpose of enabling subsequent verification of the status of the travel authorisation of third-country nationals who entered during the period of technical impossibility; Border authorities may only store this information for the period of the technical impossibility and the subsequent verification; or

(c)

be temporarily released of their obligation to consult the ETIAS Central System.

2.   The notifications provided for in Article 48(1) and (2) of Regulation (EU) 2018/1240 shall take place without delay through communication channels shared by the border authorities, the ETIAS National Units and the ETIAS Central Unit.

3.   The notifications provided for in Article 48(2) of Regulation (EU) 2018/1240, to be communicated by the border authorities to the ETIAS Central Unit and their respective ETIAS National Unit shall contain the following information:

(a)

the border crossing point(s) affected by the failure and the authority unable to perform the consultation; and

(b)

the date and time when the failure occurred;

(c)

where possible, the description of the failure and the response time for resolution.

The ETIAS Central Unit shall, when informing eu-LISA and the Commission, in accordance with Article 48(2) of Regulation (EU) 2018/1240, provide the same information as received from the border authorities.

Article 2Entry 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 .

2 articles

Cite this act

Commission Implementing Decision (EU) 2022/1620 of 19 September 2022 laying down model contingency measures for cases of technical impossibility to access data at the external borders, including fall-back procedures to be followed by border authorities pursuant to Article 48(4) of Regulation (EU) 2018/1240 of the European Parliament and the Council (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/32022D1620

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