Regulation (EU) 2019/817 of the European Parliament and of the CouncilShow full title

Article 61 U.K. Amendments to Regulation (EU) 2018/1240

Regulation (EU) 2018/1240 is amended as follows:

(1)

in Article 1, the following paragraph is added:

‘3. By storing identity data and travel document data in the common identity repository (CIR) established by Article 17(1) of Regulation (EU) 2019/817 of the European Parliament and of the Council(1), ETIAS contributes to facilitating and assisting in the correct identification of persons registered in ETIAS under the conditions and for the purposes of Article 20 of that Regulation.’;

(2)

in Article 3(1), the following points are added:

‘(23)

‘CIR’ means the common identity repository established by Article 17(1) of Regulation (EU) 2019/817;

(24)

‘ESP’ means the European search portal established by Article 6(1) of Regulation (EU) 2019/817;

(25)

‘ETIAS Central System’ means the Central System referred to in point (a) of Article 6(2) together with the CIR to the extent that the CIR contains the data referred to in Article 6(2a);

(26)

‘identity data’ means the data referred to in points (a), (b) and (c) of Article 17(2);

(27)

‘travel document data’ means the data referred to in points (d) and (e) of Article 17(2) and the three letter code of the country issuing the travel document as referred to in point (c) of Article 19(3).’;

(3)

in Article 4, the following point is added:

‘(g) contribute to the correct identification of persons.’;

(4)

Article 6 is amended as follows:

(a)

paragraph 2 is amended as follows:

(i)

point (a) is replaced by the following:

‘(a) a Central System, including the ETIAS watchlist referred to in Article 34;’;

(ii)

the following point is inserted:

‘(aa) the CIR;’;

(iii)

point (d) is replaced by the following:

‘(d) a secure communication infrastructure between the Central System and the central infrastructures of the ESP and the CIR;’;

(b)

the following paragraph is inserted:

‘2a. The CIR shall contain the identity data and travel document data. The remaining data shall be stored in the Central System.’;

(5)

Article 13 is amended as follows:

(a)

the following paragraph is inserted:

‘4a. Access to the ETIAS identity data and travel document data stored in the CIR shall also be reserved exclusively for the duly authorised staff of the national authorities of each Member State and for the duly authorised staff of the Union agencies that are competent for the purposes laid down in Article 20 and Article 21 of Regulation (EU) 2019/817. Such access shall be limited according to the extent that the data are required for the performance of their tasks for those purposes, and proportionate to the objectives pursued.’;

(b)

paragraph 5 is replaced by the following:

‘5. Each Member State shall designate the competent national authorities referred to in paragraphs 1, 2, 4 and 4a of this Article and shall communicate a list of these authorities to eu-LISA without delay, in accordance with Article 87(2). That list shall specify for which purpose the duly authorised staff of each authority shall have access to the data in ETIAS Information System in accordance with paragraphs 1, 2, 4 and 4a of this Article.’;

(6)

in Article 17, paragraph 2 is amended as follows:

(a)

point (a) is replaced by the following:

‘(a) surname (family name), first name(s) (given name(s)), surname at birth; date of birth, place of birth, sex, current nationality;’;

(b)

the following point is inserted:

‘(aa) country of birth, first name(s) of the parents of the applicant;’;

(7)

in Article 19(4) the words ‘point (a) of Article 17(2)’ are replaced by the words ‘points (a) and (aa) of Article 17(2)’;

(8)

Article 20 is amended as follows:

(a)

in paragraph 2, the first subparagraph is replaced by the following:

‘2. The ETIAS Central System shall launch a query by using the ESP to compare the relevant data referred to in points (a), (aa), (b), (c), (d), (f), (g), (j), (k) and (m) of Article 17(2) and in Article 17(8) to the data present in a record, file or alert registered in an application file stored in the ETIAS Central System, SIS, the EES, VIS, Eurodac, Europol data and in the Interpol SLTD and TDAWN databases.’;

(b)

in paragraph 4, the words ‘points (a), (b), (c), (d), (f), (g), (j), (k) and (m) of Article 17(2)’ are replaced by the words ‘points (a), (aa), (b), (c), (d), (f), (g), (j), (k) and (m) of Article 17(2)’;

(c)

in paragraph 5, the words ‘points (a), (c), (f), (h) and (i) of Article 17(2)’ are replaced by the words ‘points (a), (aa), (c), (f), (h) and (i) of Article 17(2)’;

(9)

in Article 23, paragraph 1 is replaced by the following:

‘1. The ETIAS Central System shall launch a query by using the ESP to compare the relevant data referred to in points (a), (aa), (b) and (d) of Article 17(2) to the data present in SIS in order to determine whether the applicant is the subject of one of the following alerts:

(a) an alert on missing persons;

(b) an alert on persons sought to assist with a judicial procedure;

(c) an alert on persons for discreet checks or specific checks.’;

(10)

in Article 52, the following paragraph is inserted:

‘1a. In cases where the designated authorities have launched a query of the CIR in accordance with Article 22 of Regulation (EU) 2019/817, they may access the application files stored in the ETIAS Central System in accordance with this Article for consultation where the reply received as referred to in Article 22(2) of Regulation (EU) 2019/817 reveals that data are stored in the application files stored in the ETIAS Central System.’;

(11)

in Article 53, the following paragraph is inserted:

‘1a. In cases where Europol has launched a query of the CIR in accordance with Article 22 of Regulation (EU) 2019/817, it may access the application files stored in the ETIAS Central System in accordance with this Article for consultation where the reply received as referred to in Article 22(2) of Regulation (EU) 2019/817 reveals that data are stored in the application files stored in the ETIAS Central System.’;

(12)

in the fifth subparagraph of Article 65(3), the words ‘points (a), (b), (d), (e) and (f) of Article 17(2)’ are replaced by the words ‘points (a), (aa), (b), (d), (e) and (f) of Article 17(2)’;

(13)

in Article 69(1), the following point is inserted:

‘(ca) where relevant, a reference to the use of the ESP to query the ETIAS Central System as referred to in Article 7(2) of Regulation (EU) 2019/817’;

(14)

in Article 73(2), the words ‘the central repository of data’ are replaced by the words ‘the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/817, insofar as it contains data obtained from the ETIAS Central System under Article 84 of this Regulation’;

(15)

in Article 74(1), the first subparagraph is replaced by the following:

‘1. Following the entry into operations of ETIAS, eu-LISA shall be responsible for the technical management of the ETIAS Central System and the NUIs. It shall also be responsible for any technical testing required for the establishment and update of the ETIAS screening rules. It shall ensure, in cooperation with the Member States that, at all times, the best available technology is used, subject to a cost-benefit analysis. eu-LISA shall also be responsible for the technical management of the communication infrastructure between the ETIAS Central System and the NUIs as well as for the public website, the app for mobile devices, the email service, the secure account service, the verification tool for applicants, the consent tool for applicants, the assessment tool for the ETIAS watchlist, the carrier gateway, the web service and the software to process the applications.’;

(16)

in Article 84(2), the first subparagraph is replaced by the following:

‘2. For the purpose of paragraph 1 of this Article, eu-LISA shall store the data referred to in that paragraph in the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/817. In accordance with Article 39(1) of that Regulation, cross-system statistical data and analytical reporting shall allow the authorities listed in paragraph 1 of this Article to obtain customisable reports and statistics, to support the implementation of the ETIAS screening rules referred to in Article 33, to improve the assessment of the security, illegal immigration and high epidemic risks, to enhance the efficiency of border checks and to help the ETIAS Central Unit and the ETIAS National Units process travel authorisation applications.’;

(17)

in Article 84(4), the following subparagraph is added:

‘The daily statistics shall be stored in the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/817.’.

(1)

Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, p. 27).’;