Commission Implementing Decision (EU) 2023/1802 of 20 September 2023 laying down the technical arrangements for data retention

• CELEX: Implementing Decision (EU) 2023/1802
• Articles: 3

Article 1 Subject matter

This Decision establishes the technical arrangements for the implementation of the period of data retention and erasure of application files pursuant to Article 24(6), point (c)(ii), and Article 54(1), point (b), of Regulation (EU) 2018/1240.

Article 2 Data retention mechanisms and procedures

1.   For the purposes of Article 24(6), point (c)(ii), and Article 54(1), point (b), of Regulation (EU) 2018/1240, the ETIAS Central System shall automatically verify the conditions of data retention referred to in those Articles daily.

2.   In order to do so, the ETIAS Central System shall verify with the systems referred to in Article 24(6), point (c)(ii), and Article 54(1), point (b), of Regulation (EU) 2018/1240 by means of the unique reference number, referred to in Article 11(8) of that Regulation, whether the data that gave rise to the decision to refuse, annul or revoke the travel authorisation are still present in the respective system.

3.   Where the ETIAS Central System determines that the conditions for retention have elapsed, the ETIAS Central System shall automatically delete the relevant application file:

(a)

immediately, where the five-year retention period from the last decision to refuse, annul or revoke the travel authorisation has elapsed;

(b)

where the five-year retention period referred to in point (a) has not elapsed, within three days from the automatic verification referred to in paragraph (1) indicating that data in a record, file or alert registered in one of the systems referred to in Article 24(6), point (c)(ii), and Article 54(1), point (b), giving rise to the decision to refuse, annul or revoke the travel authorisation have been deleted.

Article 3 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 .