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Screening Regulation:
Article 22 – Amendments to Regulation (EU) 2018/1240

Regulation (EU) 2018/1240European Travel Information and Authorisation System Regulation is amended as follows:

(1) in Article 4, the following point is inserted:

‘(eb) support the purposes of Regulation (EU) 2024/1356Screening Regulation of the European Parliament and of the Council (*4);

(2) in Article 8(2), the following point is added:

‘(i) providing opinions in accordance with Article 35a.’;

(3) Article 13 is amended as follows:

(a) paragraph 4a is replaced by the following:

‘4a. Access to the ETIASEuropean Travel Information and Authorisation System identity data and travel document data stored in the CIRCommon Identity Repository 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 Articles 20, 20a and 21 of Regulation (EU) 2019/817Interoperability (Borders and Visa) Regulation. 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) the following paragraph is inserted:

‘4b. The screening authorities as defined in Article 2, point (10), of Regulation (EU) 2024/1356Screening Regulation (the “screening authorities”) shall also have access to ETIASEuropean Travel Information and Authorisation System to consult the data in order to perform the checks in accordance with Article 15(2) of that Regulation.

A search in accordance with this paragraph shall be performed by using the data referred to in Article 14(1), points (a) and (b), of Regulation (EU) 2024/1356Screening Regulation and ETIASEuropean Travel Information and Authorisation System shall return a hit where a decision refusing, annulling or revoking a travel authorisation based on Article 28(7) or on Article 37(1), points (a), (b) and (e), of this Regulation is included in a matching application file.

Where a hit is obtained, the screening authorities shall have access to all relevant data in the file.

If the search carried in accordance with this paragraph indicates that there is a correspondence between the data used for the search and the data recorded in the ETIASEuropean Travel Information and Authorisation System watchlist referred to in Article 34, the ETIAS National Unit or Europol having entered the data in the ETIAS watchlist shall be notified of the correspondence and shall be responsible for accessing the data in the ETIAS watchlist and for providing an opinion in accordance with Article 35a.’;

(c) 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 the screening authorities referred to in paragraph 4b of this Article, and shall communicate a list of those authorities to eu-LISAEuropean Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice without delay, in accordance with Article 87(2) of this Regulation. That list shall specify for which purpose the duly authorised staff of each authority shall have access to the data in the ETIASEuropean Travel Information and Authorisation System Information System in accordance with paragraphs 1, 2, 4 and 4a of this Article.’;

(4) the following Article is inserted:

‘Article 35a

Tasks of the ETIAS National Unit and Europol regarding the ETIAS watchlist for the purpose of the screening

1. In cases referred to in Article 13(4b), fourth subparagraph, the ETIAS Central System shall send an automated notification to either the ETIAS National Unit or to Europol, depending on which of them entered the data into the ETIAS watchlist. Where the ETIAS National unit or Europol, as appropriate, considers that the third-country national undergoing the screening might pose a threat to internal security, it shall immediately notify the respective screening authorities and provide a reasoned opinion to the Member State performing the screening, within two days of the receipt of the notification, in the following manner:

(a) the ETIASEuropean Travel Information and Authorisation System National Units shall inform the screening authorities through a secure communication mechanism, to be set up by eu-LISAEuropean Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice, between the ETIAS National Units on the one part and the screening authorities on the other;

(b) Europol shall inform the screening authorities using the communication channels provided for in Regulation (EC) 2016/794Europol Regulation; if no opinion is provided, it shall be considered that there is no security risk.

2. The automated notification referred to in paragraph 1 of this Article shall contain the data referred to in Article 15(2) of Regulation (EU) 2024/1356Screening Regulation used for the query.’;

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

‘(ea) where relevant, a reference to queries entered in the ETIASEuropean Travel Information and Authorisation System Central System for the purposes of Articles 14 and 15 Regulation (EU) 2024/1356Screening Regulation, the hits triggered and the results of this query;’.


*4. Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 introducing the screening of third country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817 (OJ L, 2024/1356, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1356/oj).’;” ↩︎


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Categories: Articles Key words: Common Identity Repository (CIR), Screening authorities

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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