COMMISSION STAFF WORKING DOCUMENT DETAILED EXPLANATION OF THE PROPOSAL BY CHAPTERS AND ARTICLES Accompanying the document Proposal for a Regulation of the European Parliament and of the Council establishing a Registered Traveller Programme
Date: 2013-02-28
Institutions: European Commission
Subjects: Schengen Information System, biometrics, border control, data collection, exchange of information, external border of the EU, foreign national, traveller

EUROPEAN 
COMMISSION 

Brussels, 28.2.2013  
SWD(2013) 52 final 

COMMISSION STAFF WORKING DOCUMENT 

DETAILED EXPLANATION OF THE PROPOSAL BY CHAPTERS AND ARTICLES

Accompanying the document 

Proposal for a Regulation of the European Parliament and of the Council 

establishing a Registered Traveller Programme 

{COM(2013) 97} 
{SWD(2013) 50} 
{SWD(2013) 51}

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COMMISSION STAFF WORKING DOCUMENT 

DETAILED EXPLANATION OF THE PROPOSAL BY CHAPTERS AND ARTICLES 

Accompanying the document 

Proposal for a Regulation of the European Parliament and of the Council 

establishing a Registered Traveller Programme 

•  Detailed explanation of the proposal by Chapters and main Articles 

Chapter One lays  down the subject matter  of  the  Regulation,  the set-up of the  RTP  and the 
token-repository and definitions. 

Chapter  Two  details  the  procedures  and  conditions  for  lodging  an  application  including 
biometric  data  (fingerprints),  the  authorities  responsible  for  examining  and  deciding  on  an 
application and the fee. 

Chapter  Three  is  dedicated  to  the  examination  of  and  decision  on  an  application,  whereas 
Chapter Four lays down the rules for granting, extending, refusing and revoking access to the 
RTP by the competent authorities. Chapter Five contains provisions on the administration and 
organisation of the RTP. 

Chapter  Six  defines  the  technical  architecture,  the  categories  of  data  and  general  rules  and 
principles on access to the token-Central Repository. It also specifies the data to be entered 
upon registration of the application and those to be added when a decision has been taken to 
grant, refuse, revoke or extend access to the RTP. 

Chapter Seven specifies the conditions and procedures for the use of data by the competent 
authorities. It also includes provisions on the use of data for reporting and statistics. Chapter 
Eight lays down the rules for the retention and amendment of the data recorded in the Central 
Repository. It also covers the rules on lost and stolen tokens. 

Chapter  Nine  contains  provisions  on  the  adoption  of  implementing  measures  by  the 
Commission and to delegate the power to the Commission to adopt acts in accordance with 
Article  290  of  the  Treaty  on  the  Functioning  of  the  European  Union  and  lays  down  the 
responsibilities  for  the  token-repository,  including  the  development  and  operational 
management thereof, for the use of data and data security, and rules on the keeping of records 
and penalties. 

Chapter  Ten  concerns  data  protection  rights  and  supervision.  Whereas  Directive  95/46/EC 
and Regulation (EC) No 45/2001 fully apply for this Regulation, the provisions of this chapter 
clarify certain points related to the safeguard of the rights of data subjects and the roles of the 
national supervisory authorities and the European Data Protection Supervisor. 

The final chapter covers the start of transmission and operation, the setting up of a Committee 
to  assist  the  Commission  when  adopting  implementing  measures,  the  exercise  of  the 
delegation,  notification,  advisory  group,  training,  monitoring  and  evaluation,  the  entry  into 
force and the applicability of this Regulation. 

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Chapter I: General provisions 

Article 1 defines the objective of the Regulation.  

Article  2  establishes  the  token-Central  Repository  as  a  system  for  the  storage  of  RTP  data, 
which shall enable competent national authorities to enter and update RT data and to consult 
these  data  electronically.  It  also  gives  the  Agency  the  mandate  for  developing  and 
operationally  managing  the  Central  Repository  and  to  define  technical  specifications  for  a 
token.  

The definitions in Article 3 refer to the EU legislation on visa policy or the Schengen acquis, 
except  for  the  terms  ‛Registered  Traveller  Programme’,  ‛registered  traveller’,  ‛Central 
Repository’, ‛token’, ‛application form’, ‘Competent authorities’, ‘Member State responsible’, 
‘National  System’  which  are  defined  specifically  for  the  purposes  of  this  Regulation.  The 
definitions listed in the Regulation correspond to the definitions used in the Schengen Borders 
Code,  the  VIS  Regulation,  the  Community  Code  on  visas  and  Regulation  establishing  a 
European  Agency  for  the  operational  management  of  large-scale  IT  systems  in  the  area  of 
freedom, security and justice. 

Chapter II: Procedures and conditions for lodging an application for an RTP 

Article 4 defines the competent Member States and authorities. To make the examination of 
an application workable and as easy as possible for Member States and also feasible for the 
applicant in any Member State both visa and border authorities are competent for examining 
and deciding on an application for access to the RTP.  

Article 5 paragraph 1 follows the same principle as Article 4. To facilitate the lodging of an 
application  and  to  avoid  causing  extra  journeys  for  third-country  travellers,  it  should  be 
possible  to  lodge  an  application  at  any  Member  States'  consulate,  at  any  common  visa 
application centre or at any external border crossing point. This guarantees that visa holders 
are  able  to  lodge  their  RTP  application  at  the  same  time  as  the  visa  application  and  visa-
exempt travellers do not need to travel to a consulate to lodge an RTP application.  

Paragraph 2 establishes the possibility to require applicants to obtain an appointment for the 
lodging of application. Paragraphs 3, 4 and 5 are linked to Article 8 and refer to the general 
requirement of all first time applicants to submit their application in person for the purpose of 
providing their biometric data and for the interview subject to the exemptions of paragraph 5. 
If  a  Member  State  accepts  and  the  applicant  uses  an  online  application  form,  the  biometric 
data  need  to  be  captured,  the  travel  document  checked  and  an  interview  carried  out,  if 
applicable,  when  the  decision  is  made  for  the  application  and  a  token  issued  as  stated  in 
paragraph 4. 

Paragraph  6  sets  out  the  general  principles  for  the  material  submission  of  the  application 
including supporting documents and is linked to Articles 6-10 and Annex II. 

As regards the application form Article 6 paragraphs 1 and 2 follow the same rules as the Visa 
Code. Paragraphs 3 and 4 set out the rules for the languages used in the application form and 
required  language(s)  need  to  be  used  when  filling  in  the  application  form.  The  application 
form is needed for the official languages of neighbouring third countries especially at the land 
border crossing points. 

Article  7  lays  down  that  the  travel  document  shall  be  either  a  Machine  Readable  Travel 
Document  (MRTD)  or  an  electronic  Machine  Readable  Travel  Document  (eMRTD).  This 
would  allow  the  usage  of  Automated  Border  Control  systems  at  the  external  borders.  The 
travel document shall be valid at least for the period of access requested for the RTP. Border 
check  technology  and  security  features  of  the  travel  documents  are  under  constant 

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development. For that reason, the travel document should not be older than five years which is 
also the longest period of access to the RTP without submission of a new application.  

Article  8  sets  out  the  requirements  for  collecting  biometric  data  (fingerprints).  Contrary  to 
other  legislation,  such  as  the  Visa  Code,  the  article  does  not  allow  any  exemption  from 
collecting  biometric  data  from  third-country  nationals.  Biometric  data  need  to  be  available 
from all registered travellers to allow them to use Automated Border Control systems.  

The contents of Article 9, as well as Annex II, establishing a non-exhaustive list of possible 
supporting  documents  to  be  submitted  by  applicants,  are  the  same  as  in  the  Visa  Code. 
Paragraph  2  establishes  the  specific  rule  for  the  family  members  of  citizens  of  the  Union 
enjoying  the  right  to  free  movement.  To  avoid  several  sets  of  supporting  documents  to  be 
submitted by the applicant the one and same supporting documents, if any submitted together 
with  an  application  for  a  multiple-entry  visa  may  be  used  also  for  examining  an  RTP 
application. 

Article  10  sets  out  the  rules  for  the  fee  to  be  paid  by  applicants.  The  fee  is  to  cover  the 
administrative costs of  processing an RTP application. The fee shall be revised regularly as 
stated in paragraph 2. The Commission is empowered to adopt delegated acts in accordance 
with article 58 concerning the fee (amendment of Annex). Paragraph 3 states that a fee is to 
be charged in EUR or the currency of the host country where an application is lodged and that 
the handling fee is not refundable. Paragraph 4 refers to the management of fees charged in 
local currency and paragraph 5 ensures that applicants receive a receipt for the fee paid. The 
fee is not refundable although the application would be withdrawn by the applicant.  

Chapter III: Examination of and decision on an application 

Article  11  ensures  that  competent  authorities  verify  certain  conditions  before  examining  the 
application  thus  guaranteeing  that  the  application  is  admissible.  Paragraph  2  is  linked  to 
Article  24  and  gives  authorities  guidance  how  to  continue  with  the  application  when  it  is 
admissible whereas paragraph 3 lays down the rules in case of inadmissible applications. 

Paragraph  1  of  Article  12  gives  a  mandate  for  the  competent  authorities  to  examine  an 
application  and  carry  out  interviews  where  appropriate.  Paragraph  2  is  crucial  because  it 
establishes the basic criteria for examining RTP applications: the two main issues to be born 
in  mind  by  consular  and  border  authorities,  namely  the  migratory  and  security  risks. 
Furthermore, the applicant shall prove the need to travel frequently and/or regularly. 

Paragraph  3  which  is  linked  to  paragraph  2(f)  makes  reference  to  the  means  of  subsistence 
indicating that the assessment shall take into account the reference amounts as referred to in 
the  Schengen  Borders  Code  as  well  as  the  statement  on  accommodation/bearing  of  costs 
(Annex II). 

Paragraph 4 establishes the possibility to consult other Member States if there are any doubts 
on  the  applicant,  his/her  statements  made  or  supporting  documents  provided.  Additional 
supporting  documents  may  be  asked  from  the  applicant  in  justified  cases  (paragraph  5). 
Paragraph 6 is meant as a formal guarantee that each application is assessed on its own merit 
and that due consideration is given to the applicant’s situation at the moment of application. A 
derogation for the general rule of examination of applications is established in paragraph 7. 

In order to enhance the equal treatment of RTP applicants, a maximum decision time has been 
introduced in Article 13. Paragraph 2 deals with the different types of decisions which can be 
made by the competent authorities. 

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CHAPTER IV: Granting, extending, refusing and revoking access to the RTP 

Article  14  paragraph  1  covers  the  period  of  access  granted  for  the  RTP  which  is  linked  to 
Article 12 and the validity of the travel document, visa and residence permit, if applicable. To 
avoid unnecessary work and cost for the authorities and for the travellers, the access may be 
extended twice without a new application. After five years, the traveller is obliged to submit a 
new application. 

Paragraph  2  deals  with  the  holders  of  multiple-entry  visas,  residence  permits  and  residence 
cards1.  The  criteria  for  granting  access  to  the  RTP  and  for  issuing  a  multiple-entry  visa  are 
basically  the  same  thus  there  is  no  need  to  make  a  similar  assessment  twice.  On  the  other 
hand, holders of residence permits and residence cards enjoy the right of free movement under 
Union  law  and  are  only  partly  subject  to  thorough  border  checks.  These  categories  of 
travellers'  access  can  be  granted  to  the  RTP  almost  "automatically"  if  they  submit  an 
application. 

Paragraphs 3, 4 and 5 oblige the competent authorities to enter necessary data in the token-
Central Repository when granting or extending access to the RTP.  

Paragraph  1  of  Article  15  lists  a  number  of  precise  criteria  for  refusing  access  to  the  RTP, 
which is in line with the Schengen Borders Code. Paragraph 2 specifies that refusals must be 
notified in writing by means of the form set out in Annex IV. Paragraph 3 makes clear that 
appeals  against  RTP  refusals  remain  within  the  Member  States'  competence.  However,  the 
applicant  shall  have  the  right  to  review  the  refusal  for  challenging  or  correcting  potential 
errors  in  accordance  with  the  right  to  effective  remedy  (Article  47(1)  of  the  Charter  of 
Fundamental  Rights  of  the  EU).  Paragraph  4  obliges  the  competent  authorities  to  enter 
necessary data in the Central Repository when refusing access to the RTP. This paragraph is 
linked to Article 28. 

Article 16 lists three different types of cases when access to the RTP shall be revoked by the 
competent  visa  or  border  authorities.  Any  Member  State's  visa  or  border  authority  shall  be 
competent  to  revoke  access  to  the  RTP  if  the  condition(s)  of  Article  16(1)  is/are  met. 
Authorities other than the competent authorities have no access to the Central Repository thus 
paragraph  3  deals  with  the  situation  where  some  other  authorities  have  evidence  to  suggest 
that  access  to  the  RTP  should  be  revoked.  Paragraph  4  specifies  that  revocations  must  be 
notified in writing by means of the form set out in Annex IV. Paragraph 5 makes clear that 
appeals  against  RTP  refusals  remain  within  the  Member  States'  competence.  Paragraph  6 
obliges  the  competent  authorities  to  enter  necessary  data  in  the  Central  Repository  when 
revoking access to the RTP. This paragraph is linked to Article 29. Registered travellers shall 
have the right to ask immediate deletion of his/her data as laid down in paragraph 7. 

CHAPTER V: Administrative management and organisation 

Article 17 deals with  the archives  of applications. Member  State's competent authorities are 
responsible for archiving applications. Archives may be kept in an electronic form. 

Article 18 corresponds to articles on the same issue in the Schengen Borders Code and in the 
Visa Code. In addition to that, this article obliges Member States to compile annual statistics 
on  the  RTP.  Based  on  the  statistics  Member  States  will  know  at  all  times  the  number  of 
registered travellers to support the assessment of whether to install Automated Border Control 
facilities at their border crossing points or not.  

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Directive 2004/38/EC of the European Parliament and of the Council, of 29 April 2004, on the right of 
citizens  of  the  Union  and  their  family  members  to  move  and  reside  freely  within  the  territory  of  the 
Member States. 

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Article  19  has  been  introduced  in  order  to  ensure  that  the  competent  authorities  respect  the 
European Charter of Fundamental Rights when dealing with RTP applicants and applications.  

It is essential that applicants are well informed of the criteria and procedures for applying for 
access to an RTP. For that purposes, Article 20 is introduced. Efforts must be made to ensure 
that applicants are well informed about the criteria for lodging an application and where and 
how to submit their applications.  

CHAPTER  VI:  Technical  architecture  of  the  token-Central  Repository,  categories  of 
data and entry of data by the competent authorities 

Article  21  establishes  the  technical  architecture  of  the  token-Central  Repository  which  shall 
consist  of  the  Central  Repository,  a  Uniform  Interface  in  each  Member  State,  the  Network 
Entry  Points  and  the  communication  infrastructure  between  the  Central  Repository,  and  the 
Network Entry Points and a token (unique identifier).  

Article  22  sets  out  the  categories  of  data  to  be  recorded  in  the  token-Central  Repository: 
unique  identifier  number,  alphanumeric  data  and  fingerprint  data,  which  are  detailed  in 
Articles 8 and 25 to 30. The categories of data are almost the same as with the VIS. This is 
done to guarantee synergies between the systems, maintain congruence at the EU level and to 
make the use of the systems as similar and easy as possible for the competent authorities. 

Article 23 paragraph 1 provides the basic rules for the access to the data: Access for entering, 
amending, deleting, searching or consulting the data shall be reserved only to duly authorised 
staff of the competent authorities, limited to the extent as needed for the performance of the 
tasks.  The  competent  authorities  shall  be  designated  and  communicated  by  each  Member 
State  to  the  Agency,  which  shall  publish  these  lists  in  the  Official  Journal  of  the  European 
Union as stated in paragraph 3. 

Article  24  determines  the  procedures  for  entering  data,  when  an  RTP  application  is  found 
admissible: The competent visa authority shall create an application file by entering the data 
referred to in Article 25 into the Central Repository. Paragraph 2 lays down specific rules for 
the data which is not required.  

Article  25  details  the  data  to  be  entered  when  creating  the  application  file:  The  unique 
application  number  (same  as  a  unique  identifier  number  recorded  in  a  token),  the  status 
information and the authority to which the application has been lodged are needed to identify 
the  set  of  data  on  the  application  and  the  competent  authority.  The  source  for  the 
alphanumeric  data  listed  under  paragraph  4  is  the  harmonised  application  form  (Annex  I). 
These data are required for the assessment of the application. The inclusion of data on persons 
and  companies  issuing  invitations  will  help  to  identify  those  persons  and  companies  which 
make fraudulent invitations. This constitutes important information in the fight against RTP 
fraud, irregular migration and human trafficking.  

Paragraph  5  is  linked  to  Article  8  and  determines  biometrics  which  shall  be  entered  in  the 
Central  Repository.  The  fingerprint  data  are  essential  to  ensure  exact  verification  of  the 
registered traveller at the external border crossing points. It is not possible to identify persons 
with alphanumeric data alone. Even for low-risk travellers the spelling of the same name can 
be different from one country to another, many instances of the same name exist and in some 
countries dates of births are not completely known.  

Article 26 creates the obligation for the competent authorities to add to the application file the 
data when the decision has been taken to grant access to the RTP. Paragraph 2 covers the case 
that the application is withdrawn by the applicant before a decision has been taken.  

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Article 27 covers the data to be entered in the token when the decision has been taken to grant 
access to the RTP. The token shall be given for the applicant as mentioned in paragraph 2.  

Article 28 concerns the data to be added when access to the RTP is refused. The grounds for 
refusing  access  to  the  RTP  are  based  upon  the  conditions  laid  down  in  Article  15.  The 
ground(s)  for  refusing  access  to  the  RTP  shall  be  mentioned  in  the  application  file  as 
mentioned in paragraph 2. 

Article 29 covers the data to be added when the decision is taken to revoke access to the RTP. 
The  grounds  for  revoking  access  to  the  RTP  are  based  upon  the  conditions  laid  down  in 
Article  16.  The  ground(s)  for  revoking  access  to  the  RTP  shall  be  mentioned  in  the 
application file as indicated in paragraph 2. The applicant can also ask for the revocation. 

Article 30 concerns the data to be added when access to the RTP is extended. The grounds for 
extending access to the RTP are based upon the conditions laid down in Article 14(1).  

CHAPTER VII: Use of the data for examining applications 

Article 31 covers the obligations of the competent authorities to use the Central Repository for 
examining registered traveller applications, for the examination whether to revoke or extend 
access  granted  to  the  RTP,  in  case  of  lost  or  stolen  token  and  if  any  problems  occur  with 
facilitating  registered  traveller's  border  crossing.  Since  for  these  purposes  all  information 
stored  in  the  Central  Repository  may  be  relevant,  the  competent  visa  and  border  authority 
shall  have  access  either  to  the  complete  application  file  including  biometric  data  of  the 
applicant or only to the separate section of Central Repository containing alphanumeric data. 
For  extending  access  to  the  RTP  and  if  any  problems  occur  with  facilitating  registered 
traveller's  border  crossing  the  separate  section  of  Central  Repository  containing  biometric 
data shall not be accessible for the competent authorities without presenting fingerprints and a 
token at the same time as stated in paragraph 4. Central Repository may be searched with the 
biometric data alone only for the examination of applications, revoking access to the RTP and 
in case the token is lost or stolen as mentioned in paragraph 5. The access shall be given in 
two  steps:  If  the  search  with  data  listed  in  paragraphs  2,  4  or  5  indicates  that  data  on  the 
applicant are recorded in the Central Repository, in a second step access shall be given to the 
data of the relevant part of the application file(s) (i.e. alpahanumeric data, biometric data or 
both).  Access  to  the  biometric  data  shall  be  given  only  if  the  search  is  carried  out  in 
conformity with paragraphs 4 and 5.  

Article 32 covers the use  of data for border checks at external borders: Paragraph 1 defines 
this  purpose  as  well  as  the  data  to  be  searched  with.  Paragraph  2  specifies  to  which  data 
access shall be given, if the search mentioned above indicates that data on the applicant are 
recorded  in  the  Central  Repository.  In  case  a  manual  border  check  is  carried  out  without 
automation  there  is  no  need  to  verify  the  registered  traveller's  identity  by  using  the 
fingerprints as laid down in paragraph 3. 

Article  33  specifies  the  use  of  data for  reporting  and  statistics  by the  competent  authorities. 
The  nature  of  the  data  referred  to  in  this  provision  do  not  allow  identifying  individual 
applicants. 

CHAPTER VIII: Retention period, amendment of data and lost or stolen token 

Article  34  sets  out  a  retention  period  of  five  years  for  each  application  file.  For  the 
determination of this retention period it has been taken into account that for reasons of data 
protection, personal data should be kept no longer than it is necessary for the purposes of the 
RTP2.  The  retention  period  determined  is  the  same  as  for  the  VIS  and  is  in  line  with  the 

2 

Directive 95/46/EC, Article 6(1)(e). 

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maximum  length  of  a  multiple-entry  visa.  This  retention  period  is  necessary  to  meet  the 
objectives  of  the  RTP,  e.g.  the  assessment  of  the  applicant’s  good  faith  or  detect  continued 
practices of fraud applications for the RTP over years. If personal data would be retained only 
for the period of access granted for the RTP, the contribution to these purposes would be very 
limited.  This  retention  period  would  also  allow  speeding  up  of  subsequent  applications 
especially  as  it  would  be  possible  to  copy  fingerprints  from  the  first  entry  into  the  Central 
Repository  within  a  period  of  59  months.  This  Article  specifies  when  the  retention  period 
shall  start.  Paragraph  2  creates  the  obligation  to  carry  out  automatically  the  deletion  of  the 
application. 

Article 35 provides that only the Member State responsible i.e. the Member State which has 
entered  the  data  in  the  Central  Repository  shall  have  the  right,  and  is  also  responsible,  to 
amend  the  data  by  deleting  or  correcting  it.  Paragraph  3  creates  the  obligation  for  each 
Member  State  to  inform  this  Member  State  if  there  is  evidence  that  data  are  inaccurate  or 
were  processed  contrary  to  this  Regulation.  Paragraph  4  ensures  the  deletion  of  data  of 
applicants who have acquired the nationality of a Member State before expiry of the retention 
period.  However,  if  a  third  country  national  becomes  a  family  member  of  a  citizen  of  the 
Union without acquiring the nationality of a Member State, this will not affect the storage of 
his/her  data  in  the  Central  Repository.  In  such  case,  a  third  country  national  can  still  have 
access to the RTP. Paragraph 5 provides that the data listed in Article 28 are deleted and the 
application re-examined if the refusal of access to the RTP has been cancelled by a court or an 
appeal board. 

CHAPTER IX: Development, operation and responsibilities 

Article 37 provides for the implementation measures to be adopted by the Commission prior 
to  development.  The  measures  necessary  for  the  development  and  technical  implementation 
shall be adopted by the Commission in accordance with the relevant provisions of Regulation 
(EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying 
down the rules and general principles concerning mechanisms for control by Member States 
of the Commission's exercise of implementing powers assisted by the Committee referred to 
in Article 57.  

Article 38 clarifies that the Agency shall be responsible for the development and operational 
management  (24/7)  of  the  Central  Repository,  the  Back-up  Central  Repository  and  the 
Uniform  Interfaces  and  for  defining  the  technical  specifications  for  a  token  as  soon  as 
possible  after  entry  into  force  of  this  Regulation  and  adoption  of  the  implementation 
measures. Paragraph 3 highlights the importance of a short interrogation time.  

Article 39 creates in paragraphs 1 to 3 the obligation for each Member State to connect the 
Central Repository to each National System , to designate a national authority to provide the 
access for the competent authorities and to observe automated procedures for processing the 
data. Furthermore, the competences of each Member State for its National System is clarified. 
Paragraph 4 emphasizes the need for training the staff before being authorised to process data 
stored in the Central Repository. Paragraph 5 clarifies the burden for the related costs. 

Article 40 sets out in paragraph 1 the responsibilities of the Member States for the use of the 
data, acting as a controller at the moment of collection, transmission and reception of personal 
data.  Paragraph  2  creates  obligations  for  the  Agency  as  processor  with  regard  to 
confidentiality and security, pursuant to Articles 16 and 17 of Directive 95/46/EC and Articles 
21  and  22  of  Regulation  (EC)  No  45/2001.  Paragraph  3  guarantees  that  the  Parliament  is 
informed. 

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Article 41 ensures that a Member State may keep the alphanumeric data in its national files 
which  that  Member  State  entered  in  the  Central  Repository  at  their  own  cost,  risk  and  with 
their own technical means. This would be congruent with Article 30(2) of the VIS Regulation3 
and Article 32(2) of the SISII Regulation4 and also in line with Article 17 of this Regulation.  

CHAPTER X: Rights and supervision on data protection 

For the protection of personal data, the relevant Community’s legislation, Directive 95/46/EC 
and Regulation (EC) 45/2001, fully apply for this instrument. The provisions in this chapter 
clarify certain points in respect of safeguarding the rights of the persons concerned and of the 
supervision on data protection.  

Article  48  covers  the  right  of  information  of  the  applicants,  but  also  of  persons  issuing 
invitations or liable to pay the costs of living during the stay, whose data shall be stored in the 
Central  Repository  pursuant  to  Article  25(4)(f).  Paragraph  1  contains  in  conformity  with 
Article  10  of  Directive  95/46/EC  a  list  of  items  the  person  concerned  has  to  be  informed 
about.  Paragraph  2  specifies  that  the  information  shall  be  provided  in  writing.  Paragraph  3 
refers to the form mentioned in Article 9(5).  

Article  49  provides  in  paragraphs  1  and  2  any  person  the  right  to  access,  correction  and 
deletion of data relating to him which are inaccurate or recorded unlawfully, and clarifies in 
paragraph 3 that the related request may be lodged in any Member State. Paragraphs 4 to 6 
specify the requirements according to Article 12 of Directive 95/46/EC. 

Article  50  lays  down  an  obligation  for  the  competent  authorities  to  ensure  the  proper 
operation  of  the  mechanism  laid  down  in  Article  48  and  the  assistance  and  advice  by  the 
National Supervisory Authority, specifying the obligations laid down in Article 28(4) and (6) 
of Directive 95/46/EC.  

Article  51  clarifies  pursuant  to  Article  22  of  Directive  95/46/EC  the  right  of  any  person  to 
remedies  before  the  courts  of  each  Member  State  if  the  rights  of  access  to  or  correction  or 
deletion of data relating to him/her is refused. 

Article  52  clarifies  the  competence  of  the  National  Supervisory  Authorities  to  review  the 
lawfulness  of  all  the  processing  operations  carried  out  by  the  Member  States.  It  lays  down 
rules on audit and obliges Member States to designate a controller. Furthermore, it specifies 
the information which shall be supplied to National Supervisory Authorities.  

Article  53  provides  that  the  European  Data  Protection  Supervisor  as  established  by  Article 
41(1) of Regulation (EC) No 45/2001 shall monitor the activities of the Agency related to the 
processing  of  personal  data  covered  by  this  Regulation.  Paragraph  2  specifies  the  European 
Data  Protection  Supervisor's  role  on  the  Agency's  audit  which  shall  be  carried  out  at  least 
every four years. Paragraph 3 creates obligations to support this audit and monitoring. 

Article 54 creates obligations for the National Supervisory Authorities and the European Data 
Protection  Supervisor  to  co-operate.  They  shall  meet  at  least  twice  a  year  and  send  a  joint 
report of activities to the European Parliament, the Council, the Commission and the Agency 
every two years. 

CHAPTER XI: Final provisions 

Article 55 connects the start of transmission of data to the notification of each Member State 
to  the  Commission  that  it  has  made  the  necessary  technical  and  legal  arrangements  for  the 

3 
4 

OJ L 218, 13.8.2008. 
OJ L 381, 28.12.2006. 

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transmission  of  data  to  the  Central  Repository  and  that  the  Agency  has  made  necessary 
technical arrangements.  

Article 63 creates the obligation for the Agency to monitor and evaluate the operation of the 
Central  Repository  and  produce  monitoring  and  evaluation  reports,  to  be  submitted  to  the 
European  Parliament,  the  Council  and  the  Commission.  Furthermore,  Article  63  creates  the 
obligation for the Commission to produce an overall evaluation of the RTP. Paragraphs 4 and 
5  oblige  Member  States  and  the  Agency  to  provide  necessary  information  to  produce  the 
evaluation.  

Article 64 concerns the entry into force and applicability. Due to the technical requirements 
involved  in  establishing  the  RTP,  it  is  not  possible  to  provide  for  simultaneous  entry  into 
force and applicability of the Regulation.  

EN 

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