Procedure and conditions for access to data recorded in the ETIAS Central System by Europol
Article 53
1. For the purposes of Article 1(2), Europol may request to consult data stored in the ETIAS Central System and submit a reasoned electronic request to consult a specific set of data stored in the ETIAS Central System to the ETIAS Central Unit. Where consultation of data referred to in point (i) of Article 17(2) and points (a) to (c) of Article 17(4) is sought, the reasoned electronic request shall include a justification of the necessity to consult those specific data. 2. The reasoned request shall contain evidence that all the following conditions are met: (a) the consultation is necessary to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling under Europol’s mandate; (b) the consultation is necessary and proportionate in a specific case; (c) the consultation shall be limited to searching with data referred to in Article 52(2) in combination with the data listed under Article 52(3) where necessary; (d) evidence or reasonable grounds exist to consider that the consultation will contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category of traveller covered by this Regulation. 3. Europol requests for consultation of data stored in the ETIAS Central System shall be subject to prior verification by a specialised unit of duly empowered Europol officials, which shall examine in an efficient and timely manner whether the request fulfils all the conditions in paragraph 2. 4. Consultation of the ETIAS Central System shall, in the event of a hit with data stored in an application file, give access to the data referred to in points (a) to (g) and (j) to (m) of Article 17(2) as well as to the data added to the application file relating to the issue, refusal, annulment or revocation of a travel authorisation in accordance with Articles 39 and 43. Access to the data referred to in point (i) of Article 17(2) and points (a) to (c) of Article 17(4) added to the application file shall only be given if consultation of those data was explicitly requested by Europol. Consultation of the ETIAS Central System shall not give access to the data concerning education referred to in point (h) of Article 17(2). 5. Once the specialised unit of duly empowered Europol officials has approved the request, the ETIAS Central Unit shall process the request for consultation of data stored in the ETIAS Central System. It shall transmit the requested data to Europol in such a way as not to compromise the security of the data.