Legal provisions of COM(2019)3 - Conditions for accessing the other EU information systems

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dossier COM(2019)3 - Conditions for accessing the other EU information systems.
document COM(2019)3 EN
date July  7, 2021


Article 1

Amendments to Regulation (EU) 2018/1862

Regulation (EU) 2018/1862 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 the European Travel Information and Authorisation System (ETIAS) pursuant to Article 50b 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 (*1).

(*1)  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 44(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 article is inserted:

‘Article 49a

Access to data in SIS 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 data in SIS in accordance with Article 11(8) of that Regulation. Article 50(4) to (8) of this Regulation shall apply to such access and searches.

2. Where a verification by the ETIAS Central Unit pursuant to Article 22 and Article 23(2) of Regulation (EU) 2018/1240 confirms that the data recorded in an ETIAS application file corresponds to an alert in SIS or where after such verification doubts remain, Articles 23, 24 and 26 of that Regulation shall apply.’;

(4)the following article is inserted:

‘Article 50b

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, 23 and 26 of that Regulation.

2. For the purpose of proceeding with the verifications referred to in points (a), (d) and (m)(i) of Article 20(2) and in Article 23(1) of Regulation (EU) 2018/1240, the ETIAS Central System, as defined in point (25) of Article 3(1) of that Regulation, shall use the ESP to compare the data referred to in Article 11(5) 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 on blank official documents or an identity document entered in SIS, as referred to in points (k) and (l) of Article 38(2) of this Regulation, which gave rise to the refusal, annulment or revocation of a travel authorisation has been deleted.

4. Where a new alert is entered in SIS on a travel document that has been reported lost, stolen, misappropriated or invalidated, the Central SIS shall, in accordance with Article 41(3) of Regulation (EU) 2018/1240, transmit the information on that alert, using an automated process and the ESP, to the ETIAS Central System in order for that system to verify whether that new alert corresponds to a valid travel authorisation.’.

Article 2

Amendment to Regulation (EU) 2019/818

In Article 68 of Regulation (EU) 2019/818, 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.’.

Article 3

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.