Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the conditions for accessing other EU information systems for ETIAS purposes and amending Regulation (EU) 2018/1240, Regulation (EC) No 767/2008, Regulation (EU) 2017/2226 and Regulation (EU) 2018/1861
Date: 2019-01-07
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU visa policy, Schengen Information System, criminal record, data protection, exchange of information, external border of the EU, foreign national, information system, personal data, travel

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   EUROPEAN COMMISSION  Brussels, 7.1.2019  COM(2019) 4 final 2019/0002 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the conditions for accessing other EU information systems for ETIAS purposes and amending Regulation (EU) 2018/1240, Regulation (EC) No 767/2008, Regulation (EU) 2017/2226 and Regulation (EU) 2018/1861  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

In September 2018, the Council and the European Parliament adopted two legislative acts, a 
Regulation  establishing  the  European  Travel  Information  and  Authorisation  System 
(‘ETIAS’)1  and  an  amendment  of  the  Europol  Regulation  for  the  purpose  of  establishing 
ETIAS2. 

Establishing  ETIAS  is  among  efforts  undertaken  in  recent  years  at  EU  level  to  enhance  the 
security  of  citizens  and  prevent  irregular  migration  in  an  open  Europe,  securing  and 
continuing  to  strengthen  the  management  of  external  borders3,4.  The  context  and  the 
establishment of the system were announced in the 2016 State of the Union speech. President 
Juncker said: ‘We will defend our borders […] with strict controls […] on everyone crossing 
them. Every time someone enters or exits the EU, there will be a record of when, where and 
why. In November [2016] we will propose a European travel information and authorisation 
system – an automated system to determine who will be allowed to travel to Europe. That way 
we will know who is travelling to Europe before they even get here”. 

ETIAS  will  fill  the  information  gap  on  travellers  exempt  from  the  requirement  of  being  in 
possession of a visa when crossing the external borders. ETIAS will determine the eligibility 
of visa-exempt third-country nationals prior to their travel to the Schengen Area and whether 
such travel poses a security, irregular migration or high epidemic risk. ETIAS will also give 
travellers confidence that they would be able to cross the borders smoothly. If needed, ETIAS 
travel authorisation could be denied by ETIAS National Units. 

The assessment of such risks will involve automated processing of personal data provided in 
the applications for travel authorisation. The ETIAS Regulation establishes that personal data 
in the applications will be compared with the data present in records, files or alerts registered 
in  EU  information  systems  or  databases  (the  ETIAS  Central  System,  Schengen  Information 
System  (‘SIS’),  the  Visa  Information  System  (‘VIS’),  the  Entry/Exit  System  ‘(EES’)  or 
Eurodac),  in  Europol  data  or  in  the  Interpol  databases  (the  Interpol  Stolen  and  Lost  Travel 
Document  database  (‘SLTD’)  or  the  Interpol  Travel  Documents  Associated  with  Notices 
database (‘TDAWN’))5. 

While  the  Regulation  defines  in  its  Article  20  which  group  of  data  from  the  ETIAS 
application files can be used to consult the other systems, not all those data are collected or 
recorded in the same way in the other EU information systems and Europol data. For instance 
in one of the systems, ‘country of issue of the travel document’ is collected while in another 
the same data is recorded in another way, e.g. as ‘three letter code of the issuing country of 
the travel document’. In other instances, a category of data is collected in one system but not 
in the other. For instance, ‘first names of parents of applicants’ are collected by ETIAS, but 
not in most of the other systems to be queried by ETIAS. 

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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). 
Regulation  (EU)  2018/1241  of  the  European  Parliament  and  of  the  Council  of  12  September  2018 
amending Regulation (EU) 2016/794 for the purpose of establishing a European Travel Information and 
Authorisation System (ETIAS (OJ L 236, 19.9.2018, p. 72). 
COM(2016) 602 final. 
COM(2016) 205 final. 
Article 20(2) and Article 23(1) of Regulation (EU) 2018/1240 referred to in footnote (1). 

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Also at the time the ETIAS proposal6 was adopted, the situation as regards the different EU 
information systems to be queried by ETIAS was different from today. At the time the ETIAS 
proposal was adopted, two other new EU information technology systems had been proposed 
to  be  set  up:  discussions  were  ongoing  on  the  EES  Regulation7  while  the  Commission’s 
proposal  on  the  European  Criminal  Records  Information  System  –  Third  Country  Nationals 
(‘ECRIS-TCN’)8 was just about to be proposed. As regards existing information systems, the 
legal texts of the SIS were evolving due to the proposed revisions to the SIS legal framework 
in  December  2016,  finally  adopted  by  co-legislators  in  November  20189.  The  recast  of  the 
Eurodac Regulation10 had also been proposed by the Commission as part of the reform of the 
Common  European  Asylum  System,  but  had  not  yet  been  adopted  by  co-legislators11.  The 
recast Eurodac Regulation still remains to be adopted by co-legislators today. 

Based on these considerations, the ETIAS Regulation stipulates, in its Article 11(2) that: “The 
amendments to the legal acts establishing the EU information systems that are necessary for 
establishing  their  interoperability  with  ETIAS  as  well  as  the  addition  of  corresponding 
provisions in this Regulation shall be the subject of a separate legal instrument”. 

The present proposal therefore aims to set out the technical amendments necessary to fully set 
up the ETIAS system by amending the legal acts of the EU information technology systems 
ETIAS  queries.  The  present  proposal  also  sets  out  coresponding  provisions  and  amends  the 
ETIAS Regulation accordingly. 

First, the present initiative sets out amendments to the Regulation on ECRIS-TCN, on which 
recently,  an  ‘agreement  in  principle’  was  found  by the co-legislators. Thus,  in  line with  the 
intention expressed by co-legislators in the ETIAS Regulation12 it is now possible to include 
in ETIAS the necessary provisions on the relationship between ETIAS and ECRIS-TCN and 
to amend ECRIS-TCN accordingly. 

Secondly,  the  present  initiative  also  aims  to  establish  the  relations  between  ETIAS  and  the 
SIS.  The  revised  SIS  legal  framework  has  been  adopted  in  November  2018.  The  present 
proposal  includes  consequential  amendments  resulting  from  the  adoption  of  the  new  SIS 
Regulations. In line with the new SIS legal framework it is proposed to include the new alert 
category on inquiry checks13 for the assessment of applications. It is not proposed to include 

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COM(2016) 731 final. 
Regulation (EU) 2017/2226 establishing an Entry/Exit System (EES) of 9 December 2017, OJ L 327, p. 
20. 
COM(2017) 344 final. 
COM(2016) 883 final, COM(2016) 882 final, COM(2016) 881 final. 
Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the 
establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation 
(EU)  No  604/2013  establishing  the  criteria  and  mechanisms  for  determining  the  Member  State 
responsible  for  examining  an  application  for  international  protection  lodged  in  one  of  the  Member 
States by a third-country national or a stateless person and on requests for the comparison with Eurodac 
data  by  Member  States’  law  enforcement  authorities  and  Europol  for  law  enforcement  purposes,  and 
amending  Regulation  (EU)  No  1077/2011  establishing  a  European  Agency  for  the  operational 
management of large-scale IT systems in the area of freedom, security and justice (OJ L 180, 29.6.2013, 
p. 1). 
The  ETIAS  Regulation  has  maintained  references  to  Eurodac  which  were  part  of  the  Commission 
ETIAS  proposal,  while  specifying,  in  Article  97  of  the  ETIAS  Regulation  (EU)  2018/1240,  that 
provisions relating to the consultation of Eurodac will only apply once the recast of Eurodac will apply. 
Recital (58) of Regulation (EU) 2018/1240 referred to in footnote (1). 
Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on 
the  establishment,  operation  and  use  of  the  Schengen  Information  System  (SIS)  in  the  field  of  police 
cooperation  and  judicial  cooperation  in  criminal  matters,  amending  and  repealing  Council  Decision 
2007/533/JHA,  and  repealing  Regulation  (EC)  No  1986/2006  of  the  European  Parliament  and  of  the 
Council and Commission Decision 2010/261/EU. 

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the alert category on return decisions as such alerts are erased at the moment a return decision 
is implemented. This means that persons that apply for an ETIAS authorisation after having 
left  the  EU  will  –  by  definition  –  not  have  a  return  record  in  the  SIS.  Thirdly,  the  present 
initiative  seeks  to  amend  the  EES  Regulation  to  establish  technically  its  relationship  with 
ETIAS. 

Fourthly,  the  initiative  also  aims  at  amending  the  VIS  Regulation  in  order  to  allow  VIS  to 
receive,  process  and  answer  ETIAS  queries.  Although  in  May  2018,  the  Commission 
presented  a  proposal  to  amend  the  VIS  Regulation  in  order  to  upgrade  that  database,  the 
present  initiative  puts  forward  amendments  to  the  VIS  Regulation  currently  in  force,  as  the 
negotiations on the proposal for the upgraded VIS are not sufficiently advanced. However, if 
the proposal to amend the VIS Regulation were to be adopted first, it could become necessary 
to  introduce  some  technical  changes  in  the  present  proposal  to  align  it  with  the  amended 
version of the VIS Regulation. If the present proposal is adopted first, some technical changes 
could be required in the proposal amending the VIS Regulation before its adoption. 

In addition, following the adoption of both the EES Regulation and ETIAS Regulation, it is 
now required to align the way EES and ETIAS are working together on the way EES and VIS 
are integrated for the purpose of border control process and registration of border crossings in 
EES. This will rationalise and simplify the work of border guards through the implementation 
of  a  more  uniform  border  control  process  for  all  third-country  national  entering  for  a  short 
stay. 

The present initiative however does not include the amendments related to Eurodac, the EU 
asylum and irregular migration database, given that discussions have not yet been concluded 
on the May 2016 legislative proposal to strengthen Eurodac14. Furthermore, the data available 
in the current Eurodac are not sufficient for ETIAS purposes, given that the existing Eurodac 
only stores biometric data and a reference number, but no other personal data (e.g. name(s), 
age,  date  of  birth)  that  would  allow  for  contributing  to  the  objectives  of  ETIAS.  The  May 
2016 legislative proposal for a recast Eurodac Regulation seeks to extend the purpose of the 
database to the identification of illegally staying third-country nationals and those who have 
entered the EU irregularly. In particular, it provides for the storage of personal data such as 
the  name(s),  age,  date  of  birth,  nationality,  and  identity  documents.  These  identity  data  are 
essential to ensure that Eurodac will be able to contribute to the objectives of ETIAS. 

Once the co-legislators reach political agreement on the recast Eurodac Regulation, the recast 
Eurodac Regulation will need to be supplemented with the necessary amendments to connect 
Eurodac to  ETIAS.  Additionally, once the co-legislators adopt  the Commission’s legislative 
proposals15 for the interoperability of information systems for security, border and migration 
management,  and  following  political  agreement  on  the  proposal  for  a  recast  Eurodac 
Regulation,  the  Commission  will  apply  the  same  approach  with  regards  to  the  necessary 
amendments to make Eurodac part of the interoperability of information systems. 

Finally,  in  line  with  the  April  2016  Communication  on  "Smarter  Information  Systems  for 
borders  and  security",  ETIAS  is  to  be  built  based  on  a  re-use  of  hardware  and  software 
components  developed  for  the  EES16.  This  is  also  the  approach  followed  by  the  legislative 
proposals on the interoperability of information systems17. The technical development of the 
common  identity  repository  and  the  European  search  portal  as  foreseen  by  the  legislative 

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COM(2016) 272 final. 
COM(2018) 478 final and COM(2018) 480 final. 
Regulation (EU) 2226/2017 establishing an Entry/Exit System (EES) of 9 December 2017, OJ L 327, p. 
20. 
COM(2018) 478 final and COM(2018) 480 final. 

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proposals on the interoperability of information systems would be developed on the basis of 
the EES/ETIAS components. 

This  proposal  therefore  presents  amendments  to  the  ETIAS  Regulation  to  specify  that  the 
ETIAS  Central  System  would  build  upon  the  EES  Central  System’s  hardware  and  software 
components  in  order  to  establish  a  shared  identity  repository  for  the  storage  of  the  identity 
alphanumeric  data  of  both  ETIAS  applicants  and  third-country  nationals  registered  in  EES. 
This  shared  identity  repository  would  be  the  basis  for  the  implementation  of  the  common 
identity  repository  once 
the 
interoperability  of  information  systems.  Moreover,  during  a  transitional  period,  before  the 
European search portal  is  available, the  automated processing of ETIAS  applications would 
rely on a tool, which would be used as the basis for the development and implementation of 
the European search portal. 

legislative  proposals  on 

the  co-legislators  adopt 

the 

Due  to  the  variable  geometry  in  Member  States'  participation  in  EU  policies  in  the  area  of 
freedom,  security  and  justice,  it  is  necessary  to  adopt  two  separate  legal  instruments  which 
will nonetheless work seamlessly together to enable the comprehensive operation and use of 
the system. 

Existing provisions in the area of the proposal 

• 
ETIAS  was  established  by  Regulation  (EU)  2018/124018.  The  Regulation  specifies  the 
objectives  of  ETIAS,  defines  its  technical  and  organisational  architecture,  lays  down  rules 
concerning the operation and the use of the data to be entered into the system by the applicant 
and rules on the issue or refusal of the travel authorisations, lays down the purposes for which 
the  data  are  to  be  processed,  identifies  the  authorities  authorised  to  access  the  data  and 
specifies rules to ensure the protection of personal data. 

In  line  with  the  ETIAS  Regulation,  this  proposal  introduces  amendments  to  the  legal  acts 
establishing the EU information systems that are necessary for establishing their relation with 
ETIAS. It also adds corresponding provisions in the ETIAS Regulation itself. 

This  proposal  is  without prejudice to  Directive 2004/38/EC19. The proposal  does not  in  any 
respect amend Directive 2004/38/EC. 

• 

Consistency with other Union policies 

This  proposal  is  consistent  with  the  European  Agenda  on  Migration  and  subsequent 
communications, including the Communication of 14 September 2016 ‘Enhancing security in 
a  world  of  mobility:  improved  information  exchange  in  the  fight  against  terrorism  and 
stronger  external  borders’,  as  well  as  the  European  Agenda  on  Security20  and  the 
Commission’s work and progress reports towards an effective and genuine Security Union21. 

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See footnote (1). 
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  amending  Regulation  (EEC)  No  1612/68  and  repealing  Directives  64/221/EEC, 
68/360/EEC,  72/194/EEC,  73/148/EEC,  75/34/EEC,  75/35/EEC,  90/364/EEC,  90/365/EEC  and 
93/96/EEC (OJ L 158, 30.4.2004, p. 77). 
COM(2015) 185 final. 
COM(2018) 470 final. 

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2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal basis for this proposal is composed of Article 77(2)(a), (b) and (d) of the Treaty on 
the Functioning of the European Union (TFEU). 

Under  Article  77(2),  (a),  (b)  and  (d)  TFEU,  the  European  Parliament  and  the  Council  can 
adopt  measures  concerning  the  common  policy  on  visas  and  other  short-stay  residence 
permits, the checks to which persons crossing external borders are subject, and any measure 
necessary  for  the  gradual  establishment  of  an  integrated  management  system  for  external 
borders.  Those  treaty  provisions  (or  their  precursor,  in  the  case  of  Article  77(2)(a)  TFEU) 
were  the  legal  basis  for  the  adoption  of  the  regulations  establishing  the  Visa  Information 
System  (Article  62(2)(b)(ii)  Treaty  on  the  European  Community,  succeeded  by  Article 
77(2)(a) TFEU), the Entry Exit System (Article 77(2) (b) and (d) TFEU), the European Travel 
Information  and  Authorisation  System  (Article  77(2)  TFEU)  and  the  Schengen  Information 
System  with  regard  to  borders  (Article  77(2)(b)  and  (d)  TFEU).  This  proposal  has  the 
objective of amending those regulations and relies on Article 77(2)(a), (b) and (d) TFEU for 
that. 

• 

Subsidiarity  

The Proposal contains amendments of Regulations setting up EU-wide information systems to 
manage the external borders and the security of an area without controls at internal borders. 
Such information technology systems can, by their nature, only be set up at EU level, and not 
by the Member States acting alone. 

• 

Proportionality 

This  proposal  elaborates  further  on  principles  already  established  by  the  legislator  in  the 
ETIAS Regulation. 

This becomes apparent from the following elements. 

The  specifications  as  regards  exchanges  of  data  between  ETIAS  and  each  of  the  other  EU 
information systems are in line with the exchanges of data provided by Articles 20 and 23 of 
the ETIAS Regulation. 

The granting of access rights to identity data in the EU information systems (EES, VIS, SIS, 
ECRIS-TCN) by the ETIAS Central Unit falls within the scope of responsibilities assigned to 
the ETIAS Central Unit pursuant to Articles 7, 22 and 75 of the ETIAS Regulation. 

The granting of access rights to the other EU information systems for the manual processing 
of application by the ETIAS National Units falls within the scope of responsibilities assigned 
to the ETIAS National Units pursuant to Article 8 and Chapter IV of the ETIAS Regulation. 

Including  in  this  proposal  the  inclusion  of  alerts  concerning  an  inquiry  check  are  coherent 
with the provisions on the support of objectives of SIS in Article 23 ETIAS Regulation. 

This proposal is proportionate in that it does not go further than what is required in terms of 
action at EU level to reach the objectives. 

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• 

Choice of the instrument 

A  regulation  of  the  European  Parliament  and  the  Council  is  proposed.  The  proposed 
legislation addresses the operation of central EU information systems for borders and security, 
all  of  which  have  been  -  or  are  proposed  to  be  -  established  under  regulations.  As  a 
consequence, only a regulation can be chosen as a legal instrument. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Stakeholder consultations 

The ETIAS proposal was developed on the basis of a feasibility study. As part of this study, 
the Commission collected the views of Member State experts on border control and security. 
In addition, the main elements of the ETIAS proposal were discussed in the framework of the 
High-Level  Expert  Group  on  Interoperability  that  was  set  up  as  a  follow-up  of  the 
Communication  on  Stronger  and  Smarter  Borders  of  6  April  2016.  Consultation  took  also 
place with  representatives  of the air, sea and rail carriers, as  well as with representatives of 
EU Member States with external land borders. As part of the feasibility study, a consultation 
of the Fundamental Rights Agency was also undertaken. 

This proposal only introduces limited technical changes, mirroring provisions that are already 
established  in  the  ETIAS  Regulation.  These  limited  technical  adjustments  do  not  justify 
having separate stakeholder consultations. 

• 

Impact assessment 

This  proposal  is  not  supported  by  an  impact  assessment.  The  proposal  is  coherent  with  the 
ETIAS  Regulation,  the  proposal  of  which  was  based  on  the  results  of  the  feasibility  study 
conducted from June until October 2016. 

As  this  proposal  does  not  contains  new  political  elements  but  merely  introduces  limited 
technical changes, mirroring provisions that are already established in the ETIAS Regulation, 
a impact assessment is not necessary. 

Fundamental rights 

As compared to the ETIAS Regulation, this proposal only specifies in more details which data 
is to be compared to which data in the other EU information systems and provides with the 
necessary  amendments  as  regards  granting  access  rights  to  those  other  systems  to  ETIAS 
Central  and  National  Units.  Therefore,  this  proposal  complies  with  the  Charter  of 
Fundamental Rights of the European Union, in particular as regards the right to the protection 
of personal data, and is also in line with Article 16 TFEU which guarantees everyone the right 
to protection of personal data concerning them. 

4. 

BUDGETARY IMPLICATIONS 

The proposal does not have budgetary implications. 

5. 

• 

OTHER ELEMENTS 

Participation 

This proposal builds upon the Schengen acquis regarding the crossing of external borders and 
visa. 

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Therefore  the  following  consequences  in  relation  to  the  various  protocols  and  agreements 
with associated countries have to be considered: 

Denmark:  In  accordance  with  Articles  1  and  2  of  the  Protocol  (no  22)  on  the  position  of 
Denmark, annexed to the Treaty on European Union (TEU) and the Treaty on the Functioning 
of the European Union (TFEU), Denmark does not take part in the adoption by the Council of 
measures  pursuant  to  Title  V  of  part  Three  of  the  TFEU.  Given  that  this  Regulation  builds 
upon  the  Schengen  acquis,  Denmark  shall,  in  accordance  with  Article  4  of  that  Protocol 
decide within a period of six months after the Council has decided on this Regulation whether 
it will implement it in its national law. 

United Kingdom and Ireland: In accordance with Articles 4 and 5 of the Protocol integrating 
the  Schengen  acquis  into  the  framework  of  the  European  Union  and  Council  Decision 
2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain 
and  Northern  Ireland,  and  Council  Decision  2002/192/EC  of  28  February  2002  concerning 
Ireland's  request  to  take  part  in  some  of  the  provisions  of  the  Schengen  acquis,  the  United 
Kingdom and Ireland do not take part in the legal instruments organising and supporting the 
abolition  of  controls  at  internal  borders  and  the  flanking  measures  regarding  the  controls  at 
external borders and visa. 

This Regulation constitutes a development of this acquis, and therefore, the United Kingdom 
and Ireland are not taking part in the adoption of this Regulation and are not bound by it or 
subject to its application. 

Iceland and Norway: The procedures laid down in the Association Agreement concluded by 
the Council and the Republic of Iceland and the Kingdom of Norway concerning the latter's 
association with the implementation, application and development of the Schengen acquis are 
applicable, since the present proposal builds on the Schengen acquis as defined in Annex A of 
that Agreement.22 

Switzerland:  This  Regulation  constitutes  a  development  of  the  provisions  of  the  Schengen 
acquis,  as  provided  for  by  the  Agreement  between  the  European  Union,  the  European 
Community and the Swiss Confederation on the latter's association with the implementation, 
application and development of the Schengen acquis.23 

Liechtenstein:  This  Regulation  constitutes  a  development  of  the  provisions  of  the  Schengen 
acquis,  as  provided  for  by  the  Protocol  between  the  European  Union,  the  European 
Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of 
the Principality of Liechtenstein to the Agreement between the European Union, the European 
Community  and  the  Swiss  Confederation  on  the  Swiss  Confederation's  association  with  the 
implementation, application and development of the Schengen acquis.24 

Croatia,  Cyprus,  Bulgaria  and  Romania:  To  the  extent  that  it  amends  the  Regulation 
establishing the ETIAS, this proposal builds on the conditions of entry as described in Article 
6  of  Regulation  (EU)  2016/399,  which  were  to  be  applied  by  those  Member  States  upon 
accession  to  the  European  Union.  To  the  extent  that  this  proposal  tends  to  amend  the 
Regulations  establishing  VIS,  SIS  and  EES,  the  full  application  by  the  four  Member  States 
concerned  depends  on  a  unanimous  Council  decision  lifting  the  controls  at  internal  borders 

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24 

OJ L 176, 10.7.1999, p. 36. 
OJ L 53, 27.2.2008, p. 52. 
OJ L 160, 18.6.2011, p. 19. 

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with  them;  in  the  meantime,  account  should  already  be  taken  of  Council  Decisions 
2010/365/EU25, (EU) 2017/73326, (EU) 2017/190827 and (EU) 2018/93428. 

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27 

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Council Decision 2010/365/EU of 29 June 2010 on the  application of the provisions of  the Schengen 
acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania ( OJ L 
166, 1.7.2010, p. 17). 
Council Decision (EU) 2017/733 of 25 April 2017 on the application of the provisions of the Schengen 
acquis relating to the Schengen Information System in the Republic of Croatia (OJ L 108, 26.4.2017, p. 
31). 
Council Decision (EU) 2017/1908 of 12 October 2017 on the putting into effect of certain provisions of 
the Schengen acquis relating to the Visa Information System in the Republic of Bulgaria and Romania 
(OJ L 269, 19.10.2017, p. 39–43).  
Council Decision (EU) 2018/934 of 25 June 2018 on the putting into effect of the remaining provisions 
of the Schengen acquis relating to the Schengen Information System  in the Republic of Bulgaria and 
Romania (OJ L 165, 2.7.2018, p. 37). 

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2019/0002 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing the conditions for accessing other EU information systems for ETIAS 
purposes and amending Regulation (EU) 2018/1240, Regulation (EC) No 767/2008, 
Regulation (EU) 2017/2226 and Regulation (EU) 2018/1861 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 77(2)(a), (b) and (d) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee29,  
Having regard to the opinion of the Committee of the Regions30, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

29 
30 
31 

32 

Regulation  (EU)  2018/1240  of  the  European  Parliament  and  of  the  Council31 
established the European Travel Information and Authorisation System (‘ETIAS’) for 
third-country  nationals  exempt  from  the  requirement  to  be  in  possession  of  a  visa 
when crossing the external borders. It laid down the conditions and procedures to issue 
or refuse a travel authorisation. 

ETIAS enables consideration of whether the presence of those third-country nationals 
in the territory of the Member States would pose a security, illegal immigration or high 
epidemic risk. 

In  order  to  enable  the  verification  referred  to  in  Article  20  of  Regulation  (EU) 
2018/1240, it is necessary to establish the interoperability referred to in Article 11 of 
that Regulation. Without this interoperability, ETIAS is unable to start its operations. 

This  Regulation  lays  down  how  this  interoperability  and  the  conditions  for  the 
consultation of data stored in other EU information systems and Europol  data by the 
ETIAS automated process for the purposes of identifying hits are to be implemented. 
As a result, it is necessary to amend Regulations of the European Parliament and of the 
Council  (EU)  2018/1240,  (EC)  No  767/200832,  (EU)  2017/222633,  (EU)  2018/1861 

OJ C , , p. . 
OJ C , , p. . 
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). 
Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning 
the  Visa  Information  System  (VIS)  and  the  exchange  of  data  between  Member  States  on  short-stay 
visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60). 

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(5) 

(6) 

(7) 

(8) 

(SIS  border)34,  in  order  to  connect  the  ETIAS  Central  System  to  the  other  EU 
information systems and to Europol data and to specify the data that will be sent to and 
from those EU information systems and Europol data. 

For efficiency reasons and in order to decrease costs, ETIAS should, as provided for in 
Article 6(3) of Regulation (EU) 2018/1240, re-use hardware and software components 
developed  for  the  Entry/Exit  System  (‘EES’)  for  the  development  of  the  shared 
identity  repository.  This  repository  used  for  the  storage  of  the  identity  alphanumeric 
data  of  both  ETIAS  applicants  and  third-country  nationals  registered  in  the  EES, 
should  be  developed  in  a  way  enabling  its  extension  to  become  the  future  Common 
Identity Repository. In the same spirit, the tool  to be established to enable ETIAS to 
compare its data with the ones of every other system consulted through a single query 
should  be  developed  in  a  way  enabling  its  evolution  to  become  the  future  European 
Search Portal. 

Technical  modalities  should  be  defined 
to  regularly  and 
automatically  verify  in  other  systems  whether  the  conditions  for  the  retention  of 
application files, as laid down in Regulation (EU) 2018/1240, are still fulfilled. 

to  enable  ETIAS 

It is necessary, for the purposes of ensuring the full attainment of ETIAS objectives, as 
well  as  to  further  the  Schengen  Information  System  (‘SIS’)  objectives,  to  include  in 
the scope of the automated verifications a new alert category introduced by the recent 
revision of SIS, namely the alert on persons subject to inquiry checks. 

ETIAS  travel  authorisation may be revoked  following the registration in  SIS of new 
alerts  on  refusal  of  entry  and  stay,  or  concerning  a  travel  document  reported  as  lost, 
stolen,  misappropriated  or  invalidated.  In  order  for  ETIAS  Central  System  to  be 
automatically  informed  by  SIS  of  such  new  alerts,  an  automated  process  should  be 
established between SIS and ETIAS. 

(9)  With  a  view  to  rationalise  and  simplify  the  work  of  border  guards  through  the 
implementation of a more uniform border control process for all third-country national 
entering  for  a  short  stay,  following  the  adoption  of  Regulation  (EU)  2017/2226  and 
Regulation (EU) 2018/1240, it is now desirable to align the way EES and ETIAS are 
working  together  on  the  way  EES  and  VIS  are  integrated  for  the  purpose  of  border 
control process and registration of border crossings in EES. 

(10)  The conditions under which the ETIAS Central Unit and ETIAS National Units may 
consult data stored in other EU information systems for the purposes of ETIAS should 
be safeguarded by clear and precise rules regarding the access by  the ETIAS Central 
Unit and ETIAS National Units to the data stored in other EU information systems, the 
type of queries and categories of data, all of which should be limited to what is strictly 
necessary for the performance of their duties. In the same vein, the data stored in the 
ETIAS  application  file  should  only  be  visible  to  those  Member  States  that  are 
operating  the  underlying  information  systems  in  accordance  with  the  modalities  of 

33 

34 

Regulation  (EU)  2017/2226  of  the  European  Parliament  and  of  the  Council  of  30  November  2017 
establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-
country nationals crossing the external borders of the Member States and determining the conditions for 
access  to  the  EES  for  law  enforcement  purposes,  and  amending  the  Convention  implementing  the 
Schengen  Agreement  and  Regulations  (EC)  No  767/2008  and  (EU)  No  1077/2011  (OJ  L  327, 
9.12.2017, p. 20). 
Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on 
the  establishment, operation and use of the Schengen Information  System (SIS) in the field of border 
checks,  and  amending  the  Convention  implementing  the  Schengen  Agreement,  and  amending  and 
repealing Regulation (EC) No 1987/2006 (OJ L 312, 7.12.2018, p. 14). 

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their  participation.  As  an  example,  the  provisions  of  this  Regulation  relating  to  the 
Schengen Information System and the Visa Information System constitute provisions 
building  upon  all  the  provisions  of  the  Schengen  acquis,  for  which  the  Council 
Decisions35 on the application of the provisions of the Schengen acquis relating to the 
Schengen Information System and the Visa Information System are relevant. 

(11)  According to Article 73 of Regulation (EU) 2018/1240, the European agency for  the 
operational  management  of  large-scale  information  systems  in  the  area  of  freedom, 
security  and  justice  ('eu-LISA'),  established  by  Regulation  (EU)  2018/1726  of  the 
European  Parliament  and  of  the  Council36,  should  be  responsible  for  the  design  and 
development phase of the ETIAS Information System. 
(12)  This Regulation is without prejudice to Directive 2004/38/EC37. 

(13) 

In  accordance  with  Articles  1  and  2  of  Protocol  No  22  on  the  position  of  Denmark, 
annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of 
this  Regulation  and  is  not  bound  by  it  or  subject  to  its  application.  Given  that  this 
Regulation  builds  upon  the  Schengen  acquis,  Denmark  shall,  in  accordance  with 
Article 4 of that Protocol, decide within a period of six months after the Council has 
decided on this Regulation whether it will implement it in its national law. 

(14)  This Regulation constitutes a development of the provisions of the Schengen acquis in 
which  the  United  Kingdom  does  not  take  part,  in  accordance  with  Council  Decision 
2000/365/EC38; the United Kingdom is therefore not taking part in the adoption of this 
Regulation and is not bound by it or subject to its application. 

(15)  This Regulation constitutes a development of the provisions of the Schengen acquis in 
which Ireland does not take part, in accordance with Council Decision 2002/192/EC39; 
Ireland is therefore not taking part in the adoption of this Regulation and is not bound 
by it or subject to its application. 

(16)  As  regards  Iceland  and  Norway,  this  Regulation  constitutes  a  development  of  the 
provisions of the Schengen acquis within the meaning of the Agreement concluded by 
the Council of the European Union and the Republic of Iceland and the Kingdom of 
Norway  concerning  the  latters’  association  with  the  implementation,  application  and 

35 

36 

37 
38 

39 

Council Decision 2010/365/EU of 29 June 2010 on the application of the  provisions of  the Schengen 
acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania ( OJ L 
166,  1.7.2010,  p.  17);  Council  Decision  (EU)  2017/733  of  25  April  2017  on  the  application  of  the 
provisions  of  the  Schengen  acquis  relating  to  the  Schengen  Information  System  in  the  Republic  of 
Croatia  (OJ  L  108,  26.4.2017,  p.  31);  Council  Decision  (EU)  2017/1908  of  12  October  2017  on  the 
putting into effect of certain provisions of the Schengen acquis relating to the Visa Information System 
in  the  Republic  of  Bulgaria  and  Romania  (OJ  L  269,  19.10.2017,  p.  39–43);  Council  Decision  (EU) 
2018/934 of 25 June 2018 on the putting into effect of the remaining provisions of the Schengen acquis 
relating  to  the  Schengen  Information  System  in  the  Republic  of  Bulgaria  and  Romania  (OJ  L  165, 
2.7.2018, p. 37). 
Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on 
the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of 
Freedom,  Security and Justice (eu-LISA), and amending  Regulation (EC) No 1987/2006 and Council 
Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99). 
OJ L 158, 30.4.2004, p. 77. 
Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great 
Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 
1.6.2000, p. 43). 
Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some 
of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20). 

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development of the Schengen acquis40 which fall within the area referred to in Article 
1, points A and B of Council Decision 1999/437/EC41. 

(17)  As regards Switzerland, this Regulation constitutes a development of the provisions of 
the  Schengen  acquis  within  the  meaning  of  the  Agreement  between  the  European 
Union,  the  European  Community  and  the  Swiss  Confederation  on  the  Swiss 
Confederation’s association with the implementation, application and development of 
the Schengen acquis42 which fall within the area referred to in Article 1, points A and 
B  of  Decision  1999/437/EC  read  in  conjunction  with  Article  3  of  Council  Decision 
2008/146/EC43 and with Article 3 of Council Decision 2008/149/JHA44. 

(18)  As regards Liechtenstein, this Regulation constitutes a development of the provisions 
of  the  Schengen  acquis  within  the  meaning  of  the  Protocol  between  the  European 
Union,  the  European  Community,  the  Swiss  Confederation  and  the  Principality  of 
Liechtenstein  on  the  accession  of  the  Principality  of  Liechtenstein  to  the  Agreement 
between the European Union, the European Community and the Swiss Confederation 
on  the  Swiss  Confederation’s  association  with  the  implementation,  application  and 
development of the Schengen acquis45 which fall within the area referred to in Article 
1,  points  A  and  B  of  Decision  1999/437/EC  read  in  conjunction  with  Article  3  of 
Council  Decision  2011/350/EU46  and  with  Article  3  of  Council  Decision 
2011/349/EU47. 

(19)  As regards, Cyprus, Bulgaria, Romania and Croatia, the provisions of this Regulation 
that amend the Regulation establishing ETIAS constitute provisions building upon, or 
otherwise related to, the Schengen acquis within, respectively, the meaning of Article 
3(1)  of  the  2003  Act  of  Accession,  Article  4(1)  of  the  2005  Act  of  Accession  and 
Article 4(1) of the 2011 Act of Accession respectively. 

40 
41 

42 
43 

44 

45 
46 

47 

OJ L 176, 10.7.1999, p. 36. 
Council  Decision  1999/437/EC  of  17  May  1999  on  certain  arrangements  for  the  application  of  the 
Agreement  concluded  by  the  Council  of  the  European  Union  and  the  Republic  of  Iceland  and  the 
Kingdom  of  Norway  concerning  the  association  of  those  two  States  with  the  implementation, 
application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31). 
OJ L 53, 27.2.2008, p. 52. 
Council  Decision  2008/146/EC  of  28  January  2008  on  the  conclusion,  on  behalf  of  the  European 
Community, of the Agreement between the European Union, the European Community and the Swiss 
Confederation  on  the  Swiss  Confederation’s  association  with  the  implementation,  application  and 
development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1). 
Council Decision 2008/149/JHA of 28 January 2008 on the conclusion on behalf of the European Union 
of the Agreement between the European Union, the European Community and the Swiss Confederation 
on the Swiss Confederation’s association with the implementation, application and development of the 
Schengen acquis (OJ L 53, 27.2.2008, p. 50). 
OJ L 160, 18.6.2011, p. 21. 
Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, 
of the Protocol between the European Union, the European Community, the Swiss Confederation and 
the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement 
between  the  European  Union,  the  European  Community  and  the  Swiss  Confederation  on  the  Swiss 
Confederation’s  association  with  the  implementation,  application  and  development  of  the  Schengen 
acquis,  relating  to  the  abolition  of  checks  at  internal  borders  and  movement  of  persons  (OJ  L  160, 
18.6.2011, p. 19). 
Council Decision 2011/349/EU of 7 March 2011 on the conclusion on behalf of the European Union of 
the Protocol between the European Union, the European Community, the Swiss Confederation and the 
Principality of Liechtenstein to the Agreement between the European Union, the European Community 
and  the  Swiss  Confederation  on  the  Swiss  Confederation’s  association  with  the  implementation, 
application  and  development  of  the  Schengen  acquis  relating  in  particular  to  judicial  cooperation  in 
criminal matters and police cooperation (OJ L 160, 18.6.2011, p. 1). 

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(20)  As regards Cyprus, Bulgaria, Romania and Croatia, the provisions of this Regulation 
relating  to  the  VIS,  the  SIS  and  the  EES  constitute  provisions  building  upon,  or 
otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 
3(2)  of  the  2003  Act  of  Accession,  Article  4(2)  of  the  2005  Act  of  Accession  and 
Article 4(2) of the 2011 Act of Accession read in conjunction with Council Decisions 
2010/365/EU48, (EU) 2017/73349, (EU) 2017/190850 and (EU) 2018/93451. 

(21)  Regulations  (EU)  2018/1240,  (EC)  No  767/2008,  (EU)  2017/2226,  and  (EU) 
2018/1861  (SIS  border)  of  the  European  Parliament  and  of  the  Council  should 
therefore be amended. 

(22)  The  European  Data  Protection  Supervisor  was  consulted,  in  accordance  with  Article 

41(2) of Regulation (EU) 2018/1725 of the European Parliament and the Council52, 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I: AMENDMENTS TO REGULATION (EU) 2018/1240 

Article 1 

Amendments to Regulation (EU) 2018/1240 [ETIAS] 

(1) 

in Article 3(1), the following point is added: 

“(23) ‘other EU information systems’ means the Entry/Exit System (‘EES’), the Visa 
Information  System  (‘VIS’),  the  Schengen  Information  System  (‘SIS’)  and  the 
European Criminal Record Information System – Third Country Nationals (‘ECRIS-
TCN’).”; 

(2) 

in Article 4, the following point is added: 
“(h53) support the objectives of the EES.”; 

_____________ 

*     The numeration takes into account the amendment on this Regulation made by the 
Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on 

48 

49 

50 

51 

52 

53 

Council Decision 2010/365/EU of 29 June 2010 on the  application of the provisions of  the Schengen 
acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania ( OJ L 
166, 1.7.2010, p. 17). 
Council Decision (EU) 2017/733 of 25 April 2017 on the application of the provisions of the Schengen 
acquis relating to the Schengen Information System in the Republic of Croatia (OJ L 108, 26.4.2017, p. 
31). 
Council Decision (EU) 2017/1908 of 12 October 2017 on the putting into effect of certain provisions of 
the Schengen acquis relating to the Visa Information System in the Republic of Bulgaria and Romania 
(OJ L 269, 19.10.2017, p. 39–43). 
Council Decision (EU) 2018/934 of 25 June 2018 on the putting into effect of the remaining provisions 
of the Schengen acquis relating to the Schengen Information System  in the Republic  of Bulgaria and 
Romania (OJ L 165, 2.7.2018, p. 37). 
Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the 
protection of natural persons with regard to the  processing of personal data by the Union institutions, 
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 
45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 
The  numeration  takes  into  account  the  amendment  on  this  Regulation  made  by  the  Proposal  for  a 
Regulation  of  the  European  Parliament  and  of  the  Council  on  establishing  a  framework  for 
interoperability between EU information systems (borders and visa), COM(2018) 478 final. 

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establishing  a  framework  for  interoperability  between  EU  information  systems 
(borders and visa), COM(2018) 478 final”; 

(3) 

in Article 6(3), the following sub-paragraphs are added: 

“In particular, the ETIAS Central System shall build upon the EES Central System 
hardware and software components in order to establish a shared identity repository 
for  the  storage  of  the  identity  alphanumeric  data  of  both  ETIAS  applicants  and 
third-country nationals registered in EES. The identity alphanumeric data of ETIAS 
applicants  stored  in  the  shared  identity  repository  shall  form  part  of  the  ETIAS 
Central  System.  [This  shared  identity  repository  shall  be  the  basis  for  the 
implementation  of  the  Common  Identity  Repository  (‘CIR’)  established  by 
Regulation Interoperability.] 

This  is  without  prejudice  to  keeping  the  EES  and  ETIAS  data  logically  separated 
and  subject  to  access  as  defined  in  the  regulations  establishing  the  respective 
information systems.”; 

(4) 

Article 11 is replaced by the following: 

 “Article 11  

Interoperability with other EU information systems and Europol data”; 

 1.    Interoperability  between  the  ETIAS  Information  System,  other  EU 
information systems  and Europol data shall be established to enable the 
automated processing referred to  in  Articles 20,  23, Article 24(6)(c)(ii), 
Article 41 and Article 54(1)(b). 

[Interoperability  shall  rely  on  the  European  Search  Portal  (‘ESP’), 
established by Article 6 of Regulation (EU) 2018/XXX (interoperability). 
During  a transitional period,  before the ESP is  available, the automated 
processing shall rely on a tool developed by eu-LISA for the purpose of 
this paragraph. This  tool shall  be used as the basis  for the development 
and  implementation  of  the  ESP,  in  accordance  with  Article  52  of  that 
Regulation]. 

2.      For  the  purpose  of  proceeding  to  the  verifications  referred  to  in  Article 
20(2)(i),  the  automated  processing  referred  to  in  Article  11(1),  shall 
enable  the  ETIAS  Central  System  to  query  the  VIS,  established  by 
Regulation  (EC)  767/2008  of  the  European  Parliament  and  of  the 
Council*, with the following data of Articles 17(2)(a), (ab54),(c) and (d) 
of this Regulation: 

(a) 

surname (family name) ; 

(b) 

surname at birth; 

(c) 

first name(s) (given name(s)) ; 

(d)  date of birth; 

(e)  place of birth; 

54 

The  numeration  takes  into  account  the  amendment  on  this  Regulation  made  by  the  Proposal  for  a 
Regulation  of  the  European  Parliament  and  of  the  Council  on  establishing  a  framework  for 
interoperability between EU information systems (borders and visa), COM(2018) 478 final. 

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(f) 

(g) 

(h) 

(i) 

(j) 

country of birth; 

sex; 

current nationality; 

other nationalities (if any); 

type, number, the country of issue of the travel document. 

 3.    For  the  purpose  of  proceeding  to  the  verifications  referred  to  in  Article 
20(2)(g)  and  (h),  the  automated  processing  referred  to  in  Article  11(1), 
shall enable the ETIAS Central System to query the EES, established by 
Regulation  (EU) 2017/2226,  with  the following  data of Article 17(2)(a) 
to (d): 

(a) 

surname (family name) ; 

(b) 

surname at birth; 

(c) 

first name(s) (given name(s)); 

(d)  date of birth; 

(e) 

sex; 

(f) 

current nationality; 

(g)  other names (alias(es); 

(h) 

artistic name(s); 

(i) 

(j) 

usual name(s)); 

other nationalities (if any); 

(k) 

type, number, the country of issue of the travel document. 

4.  

For  the  purpose  of  proceeding  to  the  verifications  referred  to  in  Article 
20(2)(c),  (m)(ii)  and  (o),  and  Article  23(1),  the  automated  processing 
referred  to  in  Article  11(1),  shall  enable  the  ETIAS  Central  System  to 
query the SIS established by Regulation (EU) 2018/1860 (border checks) 
with the following data of Articles 17(2)(a) to (d) and Article 17(2)(k):  

(a) 

surname (family name); 

(b) 

surname at birth; 

(c) 

first name(s) (given name(s)); 

(d)  date of birth; 

(e)  place of birth; 

(f) 

sex; 

(g) 

current nationality; 

(h)  other names (alias(es); 

(i) 

(j) 

artistic name(s); 

usual name(s)); 

(k)  other nationalities (if any); 

(l) 

type, number, the country of issue of the travel document; 

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(m)  for  minors,  surname  and  first  name(s)  of  applicant’s  parental 

authority or legal guardian. 

5.        For  the  purpose  of  proceeding  to  the  verifications  referred  to  in  Article 
20(2)(a),  (d)  and  (m)(i)  and  Article  23(1),  the  automated  processing 
referred  to  in  Article  11(1),  shall  enable  the  ETIAS  Central  System  to 
query  the  SIS  established  by  Regulation  (EU)  2018/1862  (police),  with 
the following data of Articles 17(2)(a) to (d) and Article 17(2)(k): 

(a) 

surname (family name); 

(b) 

surname at birth; 

(c) 

first name(s) (given name(s)); 

(d)  date of birth; 

(e)  place of birth; 

(f) 

sex ; 

(g) 

current nationality; 

(h)  other names (alias(es) ; 

(i) 

(j) 

artistic name(s); 

usual name(s)); 

(k)  other nationalities (if any); 

(l) 

type, number, the country of issue of the travel document; 

(m)  for  minors,  surname  and  first  name(s)  of  applicant’s  parental 

authority or legal guardian. 

6.        For  the  purpose  of  proceeding  to  the  verifications  referred  to  in  Article 
20(2)(n),  the  automated  processing  referred  to  in  Article  11(1),  shall 
enable the ETIAS Central System to query the ECRIS-TCN data [in the 
CIR]  established  by  [Regulation  (EU)  2018/XXX],  with  the  following 
data of Article 17(2)(a) to (d): 

(a) 

surname (family name); 

(b) 

surname at birth; 

(c) 

first name(s) (given name(s)); 

(d)  date of birth; 

(e)  place of birth; 

(f) 

sex; 

(g) 

current nationality; 

(h)  other names (alias(es); 

(i) 

(j) 

artistic name(s); 

usual name(s));  

(k)  other nationalities (if any);  

(l) 

type, number, the country of issue of the travel document; 

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7. 

For  the  purpose  of  proceeding  to  the  verifications  referred  to  in  Article 
20(2)(j),  the  automated  processing  referred  to  in  Article  11(1)  shall 
enable  the  ETIAS  Central  System  to  query  the  Europol  data,  with  the 
information of Article 17(2) as listed in Article 20(2) of this Regulation. 

8.   Where  hits  are  identified,  the  tool  referred  to  in  Article  11,  shall  make 
temporarily  available  the  results  in  the  application  file  to  the  ETIAS 
Central  Unit,  until  the  end  of  the  manual  process  pursuant  to  Article 
22(2)  and  Article  23(2).  Where  the  data  made  available  correspond  to 
those of the applicant or where doubts remain, the unique ID code of the 
data having triggered a hit shall be kept in the application file. 

Where  hits  are  identified,  pursuant  to  this  paragraph,  the  automated 
processing  shall  receive  the  appropriate  notification  in  accordance  with  
Article 21(1a) of Regulation (EU) 2016/794. 

9.   A  hit  shall  be  triggered  where  all  or  some  of  the  data  from  the  ETIAS 
application file used for the query correspond fully or partially to the data 
present  in  a  record,  alert  or  file  of  the  other  EU  information  systems 
consulted.  The  Commission  shall,  by  means  of  an  implementing  act, 
define partial correspondence, including a degree of probability. 

10.    For the purpose of paragraph 1, the Commission,  shall, by means of an 
implementing act, define the technical modalities for the implementation 
of Article 24(6)(c)(ii) and Article 54(1)(b) related to data retention. 

11.      For  the  purpose  of  Article  25(2),  Article  28(8)  and  Article  29(9)  when 
registering  the  data  related  to  hits  into  the  ETIAS  application  file,  the 
origin  of  the  data  shall  be  indicated.  This  shall  include  the  type  of  the 
alert, except for alerts referred to in Article 23(1), the source of the data 
(which  other  EU  information  systems  or  Europol  data),  the  unique 
identification number used in the source of the data having triggered the 
hit  and  the  Member  State  that  entered  or  supplied  the  data  having 
triggered  the  hit  and,  where  available,  the  date  and  time  when  the  data 
was entered in the other EU information systems or Europol data. 

____________ 

*  

Regulation  (EC)  No  767/2008  of  the  European  Parliament  and  of  the 
Council  of  9  July  2008  concerning  the  Visa  Information  System  (VIS) 
and  the  exchange  of  data  between  Member  States  on  short-stay  visas 
(VIS Regulation) (OJ L 218, 13.8.2008, p. 60).”; 

(5) 

the following article is inserted: 

“Article 11a 
Support of the objectives of the EES 

For  the  purpose  of  Articles  6,  14  and  17  of  Regulation  (EU)  2017/2226,  an  automated 
process, using the secure communication infrastructure of Article 6(2)(d) of this Regulation, 
shall query and import from the ETIAS Central System, the information referred to in Article 
47(2) of this Regulation, as well as the application number and the end of validity period of an 
ETIAS travel authorisation, and update the entry/exit record in the EES accordingly.”; 

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(6) 

in  Article  12,  the  sole  paragraph  is  numbered  as  paragraph  1  and  the  following 
paragraph is added: 

"2.   For the purpose of paragraph 1, a cooperation agreement is to be agreed upon 
between  the  European  Union  and  INTERPOL.  This  cooperation  agreement 
shall provide for the modalities for the exchange of information and safeguards 
for the protection of personal data."; 

(7) 

in Article 20(2), the following point is added: 

“(n)   whether  the  applicant  corresponds  to  a  person  whose  data  is  recorded  in  the 
ECRIS-TCN for terrorists offences and other serious criminal offences; 

(8) 

in Article 22 the following paragraph is added: 

“7.    The  ETIAS  Information  System  shall  keep  records  of  all  data  processing 
operations carried out  for assessments under paragraphs 1 to  6 by the ETIAS 
Central  Unit.  Those  records  shall  be  created  and  entered  automatically  in  the 
application file. They shall show the date and time of each operation, the data 
linked  to  the  hit  received,  the  staff  member  having  performed  the  manual 
processing under paragraphs 1 to 6 and the outcome of the verification and the 
corresponding justification.”; 

(9) 

Article 23 is amended as follows: 

(a)  point (c) of paragraph 1 is replaced by the following: 

“(c) an alert on persons for discreet checks, inquiry checks or specific checks.”; 

(b)  paragraph 2 is replaced by the following: 

“2.    Where the comparison referred to in paragraph 1 reports one or several hits, the 
ETIAS  Central  System  shall  send  an  automated  notification  to  the  ETIAS 
Central Unit. When notified, the ETIAS Central  Unit shall have access to the 
application file and any linked application files, in order to verify whether the 
applicant’s personal data correspond to the personal data contained in the alert 
having  triggered  that  hit  and  if  a  correspondence  is  confirmed,  the  ETIAS 
Central System shall send an automated notification to the SIRENE Bureau of 
the Member State that entered the alert. The SIRENE Bureau concerned shall 
further verify whether the applicant’s personal data correspond to the personal 
data  contained  in  the  alert  having  triggered  the  hit  and  take  any  appropriate 
follow-up action.”; 

(c) 

the following paragraph is added: 

“5.    The  ETIAS  Information  System  shall  keep  records  of  all  data  processing 
operations carried out  for assessments under paragraphs 1 to  4 by the ETIAS 
Central  Unit.  Those  records  shall  be  created  and  entered  automatically  in  the 
application file. They shall show the date and time of each operation, the data 
linked  to  the  hit  received,  the  staff  member  of  the  Central  Unit  having 
performed the manual processing under paragraphs 1 to 4, the outcome of the 
verification and the corresponding justification.”; 

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(10) 

the following article is inserted: 

“Article 25a 
Use of other EU information systems for the manual processing of application by the 
ETIAS National Units 

1.    Without  prejudice  to  Article  13(1)  of  this  Regulation,  ETIAS  National  Units  shall 
have  a  direct  access  to  and  may  consult,  in  a  read-only  format,  the  other  EU 
information systems for examining applications for travel authorisation and adopting 
decisions  relating  to  those  applications  in  accordance  with  Article  26  of  this 
Regulation.  The  ETIAS  National  Units  may  consult  the  data  referred  to  in  the 
following provisions: 

(a)  Articles 16 to 18 of Regulation (EU) 2017/2226; 

(b)  Articles 9 to 14 of the Regulation (EC) No 767/2008; 

(c)  Articles 24 and 25 of the SIS Regulation (EU) No 2018/1861 (Border checks); 

(d)  Articles 26, 32, 34, 36 and Article 38(2)(k) and (l), of the SIS Regulation (EU) 

No 2018/1862 (Police); 

2. 

The  ETIAS  National  Units  shall  also  have  access  to  the  national  criminal  records 
registers  in  order  to  obtain  the  information  on  third  country  national  and  stateless 
persons  convicted  for  a  terrorist  offence  or  other  serious  criminal  offence  for  the 
purposes referred to in paragraph 1. 

(11) 

in Article 26(3), point (b) is replaced by the following: 

“(b)    assess  the  security  or  illegal  immigration  risk  and  decide  whether  to  issue  or 
refuse  a  travel  authorisation  where  the  hit  corresponds  to  any  of  the 
verifications referred to in point (b) and points (d) to (n) of Article 20(2).”; 

(12) 

in Article 41, paragraph 3 is replaced by the following: 

“3.    Without prejudice to paragraph 2, where a new alert is issued in SIS concerning 
refusal  of  entry  and  stay,  or  concerning  a  travel  document  reported  as  lost, 
stolen,  misappropriated  or  invalidated,  SIS  shall  inform  the  ETIAS  Central 
System.  The  ETIAS  Central  System  shall  verify  whether  this  new  alert 
corresponds to a valid travel authorisation. Where this is the case, the ETIAS 
Central System shall transfer the application file to the ETIAS National Unit of 
the  Member  State  having  entered  the  alert.  Where  a  new  alert  for  refusal  of 
entry and stay has been issued, the ETIAS National Unit shall revoke the travel 
authorisation.  Where  the  travel  authorisation  is  linked  to  a  travel  document 
reported  as  lost,  stolen,  misappropriated  or  invalidated  in  SIS  or  SLTD,  the 
ETIAS National Unit shall manually process the application file.”; 

(13) 

Article 88 is amended as follow: 

(a) 

in paragraph 1, point (a) is replaced by the following: 

“(a)    the  necessary  amendments  to  the  legal  acts  establishing  the  EU  information 
systems referred to in Article 11 with which interoperability, in the meaning of 

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Article 11 of this Regulation, shall be established with the ETIAS Information 
System have entered into force, with the exception of the Eurodac recast;” 

(b)  point (d) is replaced by the following: 

“(d)    the  measures  referred  to  in  Article  11(8),  Article  11(9),  Article  15(5),  Article 
17(3),  (5)  and  (6),  Article  18(4),  Article  27(3)  and  (5),  Article  33(2)  and  (3), 
Article 36(3), Article 38(3), Article 39(2), Article 45(3), Article 46(4), Article 
48(4),  Article  59(4),  Article  73(3)(b),  Article  83(1),  (3),  and  (4)  and  Article 
85(3) have been adopted;”; 

(c) 

the following paragraphs are added: 

“6. The interoperability, referred to in Article 11, with ECRIS-TCN shall start when 
[the  CIR]  enters  into  operations,  which  is  scheduled  in  2022.  ETIAS’ 
operations shall start irrespective of whether that interoperability with ECRIS-
TCN is put in place. 

 7.  ETIAS shall start its operations irrespective of whether a cooperation agreement 
between  the  European  Union  and  INTERPOL  as  referred  to  in  Article  12(2) 
has  been  concluded  and  irrespective  of  whether  it  is  possible  to  query 
Interpol’s databases.”. 

(14) 

The second paragraph of Article 96 is amended as follow: 

“This Regulation shall apply from the date determined by the Commission in 
accordance with Article 88, with the exception of Articles 6, 11, 11a, 12, 33, 
34,  35,  59,  71,  72,  73,  Articles  75  to  79,  Articles  82,  85,  87,  89,  90,  91, 
Article 92(1) and (2), Articles 93 and 95, as well as the provisions related to 
the measures referred to in point (d) of Article 88(1), which shall apply from 
9 October 2018.” 

CHAPTER II: AMENDMENTS TO OTHER UNION INSTRUMENTS 

Article 2 

Amendments to Regulation (EC) No 767/2008 [VIS] 

Regulation (EC) No 767/2008 is amended as follows: 

(1) 

in Article 6, paragraph 2 is replaced by the following: 

“2.    Access  to  the  VIS  for  consulting  the  data  shall  be  reserved  exclusively  to  the 
duly authorised staff of the authorities of each Member State, including to duly 
authorised staff of the ETIAS National Units, designated pursuant to Article 8 of 
Regulation  (EU)  2018/1240  of  the  European  Parliament  and  of  the  Council*, 
which are competent for the purposes laid down in Articles 15 to 22, and for the 
duly authorised staff of the national authorities of each Member States and of the 
EU  bodies  which  are  competent  for  the  purposes  laid  down  in  [Article  20  and 
Article  21  of  the  Regulation  2018/xx  on  interoperability]  limited  to  the  extent 
that the data are required for the performance of their tasks in accordance with 
those purposes, and proportionate to the objectives pursued.”; 

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_____________ 

*   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) 

the following articles are inserted: 

“Article 18b 
Interoperability with ETIAS in the meaning of Article 11 of Regulation (EU) 2018/1240 

1. 

2. 

1. 

2. 

1. 

2. 

From the start of operations of ETIAS, as provided for in Article 88(1) of Regulation 
(EU) 2018/1240, the ‘CS-VIS’ shall be connected to the tool referred to in Article 11 
of Regulation (EU) 2018/1240 to enable the automated processing referred to in that 
Article. 

The  automated  processing  referred  to  in  Article  11  of  Regulation  (EU)  2018/1240 
shall  enable  the  verifications  provided  for  in  Article  20  of  that  Regulation  and  the 
subsequent verifications of Articles 22 and 26 of that Regulation.   

For  the  purpose  of  proceeding  to  the  verifications  point  (i)  of  Article  20(2)  of 
Regulation (EU) 2018/1240, the ETIAS Central System shall use the tool referred to 
in  Article 11 of that Regulation  to  compare the  data in  ETIAS  with  the  data  in  the 
VIS, in accordance with Article 11(8) of that Regulation, using the correspondences 
listed in the table in annex II. 

Article 18c 
Access to data from VIS by the ETIAS Central Unit 

The ETIAS  Central  Unit,  established within the European  Border and Coast  Guard 
Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for 
the  purpose  of  performing  its  tasks  conferred  on  it  by  Regulation  (EU)  2018/1240, 
the right to access and search relevant data in VIS in accordance with Article  11(8) 
of that Regulation. 

Where  a  verification  by  the  ETIAS  Central  Unit  confirms  the  correspondence 
between  data  recorded  in  the  ETIAS  application  file  and  data  in  the  EES  or  where 
doubts  remain,  the  procedure  set  out  in  Article  26  of  Regulation  (EU)  2018/1240 
applies, without prejudice to Article 24 of Regulation (EU) 2018/1240. 

Article 18d 
Use of VIS for the manual processing by ETIAS National Units 

Consultation  of  VIS  by  ETIAS  National  Units  shall  be  done  using  the  same 
alphanumerical data as those used for the automated processing referred to in Article 
18b(2). 

The ETIAS  National  Units, designated pursuant  to  Article 8(1) of Regulation  (EU) 
2018/1240, shall have access to and may consult VIS, in a read-only format, for the 
purpose of examining applications for travel authorisation pursuant to Article 8(2) of 

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that  Regulation.  The  ETIAS  National  Units  may  consult  the  data  referred  to  in 
Articles 9 to 14 of this Regulation. 

3. 

Following  an  access  pursuant  to  paragraph  1,  duly  authorised  staff  of  the  ETIAS 
National  Units  shall  only  record  the  result  of  the  assessment  and  shall  record  this 
result in the ETIAS application files.”; 

(3) 

the following article is inserted: 

“Article 34a 
Keeping of logs 

For  the  consultations  listed  in  Article  18b  of  this  Regulation,  a  log  of  each  data 
processing operation carried out within VIS and ETIAS shall be kept in accordance 
with  Article  34  of  this  Regulation  and  Article  69  of  Regulation  (EU)  No 
2018/1240.”; 

(4) 

the annex is numbered as Annex I and the following annex is added: 

“Annex II 

Table of correspondences referred to in Article 18b 

Data of Article 17(2) of Regulation 
2018/1240  sent  by  ETIAS  Central 
System 

surname (family name) 
surname at birth 
first name(s) (given name(s)) 
date of birth 
place of birth 
country of birth 
sex 
current nationality 

other nationalities (if any) 

type of the travel document 
number of the travel document 
country  of 
document 
 “ 

issue  of 

the 

travel 

The  VIS  corresponding  data  of 
this  Regulation 
Article  9(4)  of 
against  which 
the  ETIAS  data 
should be checked 
surnames 
surnames at birth (former surname(s)) 
first name(s) 
date of birth 
place of birth 
country of birth 
Sex 
current  nationality  and  nationality  at 
birth 
current  nationality  and  nationality  at 
birth 
type of the travel document 
number of the travel document 
the  authority  which  issued  the  travel 
document 

Article 3 

Amendment to Regulation (EU) 2017/2226 [EES] 

Regulation (EU) 2017/2226 is amended as follows:  

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(1) 

in Article 6(1), the following point is added: 
“(k55) support the objectives of ETIAS established by Regulation (EU) 2018/1240 of 

the European Parliament and of the Council*. 

_____________ 

*  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) 

the following articles are inserted: 

“Article 8a 
Automated process with ETIAS 

An  automated  process,  using  the  secure  communication  infrastructure  of  Article  6(2)(d)  of 
Regulation (EU) 2018/1240, shall enable the EES to create or update the entry/exit record or 
the refusal of entry record of a visa exempt third country national in the EES in accordance 
with Articles 14 and 17 of this Regulation. 

Where an entry/exit record of a visa exempt third country national is created, the automated 
process shall enable the Central System of the EES the following: 

(a) 

to query and import from the ETIAS Central System the information referred 
to in Article 47(2) of Regulation (EU) 2018/1240, the application number and 
the end of validity period of an ETIAS travel authorisation; 

(b) 

to update the entry/exit record in the EES in accordance with Article 17(2) of 
this Regulation. 

Article 8b 
Interoperability with ETIAS in the meaning of Article 11 of Regulation (EU) 2018/1240 

1. 

2. 

55 

From the start of operations of ETIAS, as provided for in Article 88(1) of Regulation 
(EU)  2018/1240,  the  Central  System  of  the  EES  shall  be  connected  to  the  tool 
referred  to  in  Article  11  of  Regulation  (EU)  2018/1240  to  enable  the  automated 
processing referred to in that Article. 

Without  prejudice  to  Article  24  of  Regulation  (EU)  2018/1240,  the  automated 
processing  referred  to  in  Article  11  of  Regulation  (EU)  2018/1240  shall enable  the 
verifications  provided  for  in  Article  20  of  that  Regulation  and  the  subsequent 
verifications of Articles 22 and 26 of that Regulation. 

For the purpose of proceeding to the verifications referred to in points (g) and (h) of 
Article 20(2) of Regulation (EU) 2018/1240, the ETIAS Central System shall use the 
tool referred to in Article 11 of that Regulation to compare the data in ETIAS with 
the  data  in  the  EES,  in accordance  with  Article  11(8)  of  that  Regulation,  using  the 
correspondences listed in the table in annex III. 

The  numeration  takes  into  account  the  amendment  on  this  Regulation  made  by  the  Proposal  for  a 
Regulation  of  the  European  Parliament  and  of  the  Council  on  establishing  a  framework  for 
interoperability between EU information systems (borders and visa), COM(2018) 478 final. 

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The  verifications  shall  be  without  prejudice  to  the  specific  rules  provided  for  in 
Article 24(3) of Regulation (EU) No 2018/1240.”; 

(3) 

in Article 9, the following paragraph 2a is inserted: 

“2a. The duly authorised staff of the ETIAS  National Units, designated pursuant to 
Article  8  of  Regulation  (EU)  2018/1240,  shall  have  access  to  the  EES  to 
consult data in a read-only format.”; 

(4) 

in Article 17(2) the following second sub-paragraph is added: 

“The following data shall also be entered in the entry/exit record: 

(a) 

(b) 

(c) 

the application number; 

the end of validity period of an ETIAS travel authorisation; 

in  case  of  a  travel  authorisation  with  limited  territorial  validity,  the 
Member State(s) for which it is valid.”; 

(5) 

the following articles are inserted: 

1. 

2. 

1. 

2. 

3. 

“Article 25a 
Access to data from the EES by the ETIAS Central Unit 

The ETIAS  Central  Unit,  established within the European  Border and Coast  Guard 
Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for 
the  purpose  of  performing  its  tasks  conferred  on  it  by  Regulation  (EU)  2018/1240, 
the right to access and search data in the EES in accordance with Article 11(8) of that 
Regulation. 

Where  a  verification  by  the  ETIAS  Central  Unit  confirms  the  correspondence 
between  data  recorded  in  the  ETIAS  application  file  and  data  in  the  EES  or  where 
doubts  remain,  the  procedure  set  out  in  Article  26  of  Regulation  (EU)  2018/1240 
applies. 

 Article 25b 
Use of the EES for the manual processing by ETIAS National Units 

Consultation  of  EES  by  ETIAS  National  Units  referred  to  in  Article  8(1)  of 
Regulation  (EU)  2018/1240  shall  be  done  using  the  same  alphanumerical  data  as 
those  used  for  the  automated  processing  referred  to  in  Article  8b(2)  of  this 
Regulation. 

The ETIAS National Units shall have access to and may consult the EES, in a read-
only  format,  for  the  purpose  of  examining  applications  for  travel  authorisation, 
pursuant to Article 8(2) of that Regulation. The ETIAS National Units  may consult 
the  data  referred  to  in  Articles  16  to  18  of  this  Regulation,  without  prejudice  to 
Article 24 of Regulation (EU) 2018/1240. 

Following  an  access  pursuant  to  paragraph  1,  duly  authorised  staff  of  the  ETIAS 
National  Units  shall  record  only  the  result  of  the  assessment  and  shall  record  this 
result in the ETIAS application files.”; 

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(6) 

Article 28 is replaced by the following: 

“Article 28 
Keeping of data retrieved from the EES 
Data retrieved from the EES pursuant to Articles 24, 25, 26 and 27 may be kept in 
national files and data retrieved from the EES pursuant to Article 25a may be kept in 
the  ETIAS  application  files  only  where  necessary  in  an  individual  case,  in 
accordance with the purpose for which they were retrieved and with relevant Union 
law, in particular on data protection, and for no longer than strictly necessary in that 
individual case.”; 

(7) 

 in Article 46(2), the following second subparagraph is added: 

“ For the consultations listed in Articles 8a, 8b and 25a of this Regulation, a log of 
each data processing operation carried out within the EES and ETIAS shall be kept 
in accordance with this Article and Article 69 of Regulation (EU) No 2018/1240.”; 

(8) 

The following annex is added: 

“Annex III 

Table of correspondences referred to in Article 8b 

of  Article 

of 
Data 
Regulation  2018/1240  sent  by 
ETIAS Central System 

17(2) 

surname (family name) 
surname at birth 
first name(s) (given name(s)) 

other  names  (alias(es),  artistic 
name(s), usual name(s)) 
date of birth 
sex 
current nationality 
other nationalities (if any) 
type of the travel document 
number of the travel document 
country  of  issue  of  the  travel 
document 

“ 

of 

17(1)(a) 

The EES corresponding data of 
Article 
this 
Regulation  against  which  the 
ETIAS data should be checked 
surnames 
surnames 
first  name  or  names  (given 

names) 

first  name  or  names  (given 

names) 
date of birth 
sex 
nationality or nationalities 
nationality or nationalities 
type of the travel document 
number of the travel document 
the  three  letter  code  of  the 
issuing  country  of  the  travel 
document 

Article 4 

Amendments to Regulation (EU) 2018/1861 [SIS Border] 

Regulation (EU) No 2018/1861 is amended as follows: 

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(1) 

in Chapter III, the following article is added: 

“Article 18a 
Keeping of logs for the purpose of the interoperability with ETIAS in the meaning of 
Article 11 of Regulation (EU) 2018/1240 

Logs  of  each  data  processing  operation  carried  out  within  SIS  and  ETIAS 
pursuant  to  Article 36a  and 36b shall be kept  in  accordance with  Article 18 of 
this  Regulation  and  Article  69  of  Regulation  (EU)  No  2018/1240  of  the 
European Parliament and of the Council.* 

_____________ 

*   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 34(1), the following point is added: 

“(g)   manual processing of ETIAS applications by the ETIAS National Unit, 

pursuant to Article 8 of Regulation (EU) 2018/1240.”; 

(3) 

the following articles are inserted: 

“Article 36a 
Access to SIS data by the ETIAS Central Unit  

1. 

2. 

The ETIAS  Central  Unit,  established within the European  Border and  Coast  Guard 
Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for 
the  purpose  of  performing  its  tasks  conferred  on  it  by  Regulation  (EU)  2018/1240, 
the right to access and search relevant data entered in SIS. The provisions of Article 
36(4)-(8) apply to this access and search. 

Without prejudice to Article 24 of Regulation (EU) 2018/1240, where a verification 
by the ETIAS Central Unit confirms the correspondence of the data recorded in the 
ETIAS  application  file  to  an  alert  in  SIS,  the  procedure  set  out  in  Article  26  of 
Regulation (EU) 2018/1240 applies. 

Article 36b 
Interoperability with ETIAS in the meaning of Article 11 of Regulation (EU) 2018/1240 

1. 

2. 

From the start of operations of ETIAS, as provided for in Article 88(1) of Regulation 
(EU) 2018/1240, the Central System of SIS shall be connected to the tool referred to 
in  Article  11  of  Regulation  (EU)  2018/1240  to  enable  the  automated  processing 
referred to in that Article. 

For the purpose of proceeding to the verifications of Article 20(2)(c), (m)(ii) and (o) 
of Regulation (EU) 2018/1240, the ETIAS Central System shall use the tool, referred 
to  in  Article 11 of that Regulation,  to  compare the data referred to  in  Article 11(4) 

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Regulation (EU) 2018/1240, to data in SIS, in accordance with Article 11(8) of that 
Regulation. 

3. 

Where  a  new  alert  referred  to  in  Article  41(3)  of  Regulation  (EU)  2018/1240  is 
entered in SIS, the Central System shall transmit the information on this alert, using 
the automated processing and the tool referred to in Article 11 of that Regulation, to 
the ETIAS Central System, in order to verify whether this new alert corresponds to 
an existing travel authorisation.”.; 

CHAPTER III: FINAL PROVISIONS 

Article 5 

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. 

It shall apply from the date determined in accordance with the second paragraph of Article 96 
of Regulation (EU) 2018/1240. 

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

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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