Regulation (EU) 2018/1240 of the European Parliament and of the CouncilShow full title

Article 33 U.K. The ETIAS screening rules

1. The ETIAS screening rules shall be an algorithm enabling profiling as defined in point 4 of Article 4 of Regulation (EU) 2016/679 through the comparison in accordance with Article 20 of this Regulation of the data recorded in an application file of the ETIAS Central System with specific risk indicators established by the ETIAS Central Unit under paragraph 4 of this Article pointing to security, illegal immigration or high epidemic risks. The ETIAS Central Unit shall register the ETIAS screening rules in the ETIAS Central System.

2. The Commission shall adopt a delegated act in accordance with Article 89 to further define the risks related to security or illegal immigration or a high epidemic risk on the basis of:

(a) statistics generated by the EES indicating abnormal rates of overstaying and refusals of entry for a specific group of travellers;

(b) statistics generated by ETIAS in accordance with Article 84 indicating abnormal rates of refusals of travel authorisations due to a security, illegal immigration or high epidemic risk associated with a specific group of travellers;

(c) statistics generated by ETIAS in accordance with Article 84 and the EES indicating correlations between information collected through the application form and overstaying by travellers or refusals of entry;

(d) information substantiated by factual and evidence-based elements provided by Member States concerning specific security risk indicators or threats identified by that Member State;

(e) information substantiated by factual and evidence-based elements provided by Member States concerning abnormal rates of overstaying and refusals of entry for a specific group of travellers for that Member State;

(f) information concerning specific high epidemic risks provided by Member States as well as epidemiological surveillance information and risk assessments provided by the ECDC and disease outbreaks reported by the WHO.

3. The Commission shall, by means of an implementing act, specify the risks, as defined in this Regulation and in the delegated act referred to in paragraph 2 of this Article, on which the specific risks indicators referred to in paragraph 4 of this Article shall be based. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 90(2).

The specific risks shall be reviewed at least every six months and, where necessary, a new implementing act shall be adopted by the Commission in accordance with the examination procedure referred to in Article 90(2).

4. Based on the specific risks determined in accordance with paragraph 3, the ETIAS Central Unit shall establish a set of specific risk indicators consisting of a combination of data including one or several of the following:

(a) age range, sex, nationality;

(b) country and city of residence;

(c) level of education (primary, secondary, higher or none);

(d) current occupation (job group).

5. The specific risk indicators shall be targeted and proportionate. They shall in no circumstances be based solely on a person’s sex or age. They shall in no circumstances be based on information revealing a person’s colour, race, ethnic or social origin, genetic features, language, political or any other opinion, religion or philosophical belief, trade union membership, membership of a national minority, property, birth, disability or sexual orientation.

6. The specific risk indicators shall be defined, established, assessed ex ante, implemented, evaluated ex post, revised and deleted by the ETIAS Central Unit after consultation of the ETIAS Screening Board.