FantasticSearch

Scroll to: TopResults

Explore European Union Legislation by Asking a Legal Question

assisted-checkbox

filter-instruction-1
positive-filters
negative-filters
act-filter tabs-all

parameters-title

query

assisted-checkbox:

result-title

total 4

Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 introducing the screening of third-country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817

article  22

CELEX:  32024R1356

Amendments to Regulation (EU) 2018/1240 Regulation (EU) 2018/1240 is amended as follows:
(1) in Article 4, the following point is inserted: ‘(eb) support the purposes of Regulation (EU) 2024/1356 of the European Parliament and of the Council; Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 introducing the screening of third country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817 ().’;" (2) in Article 8(2), the following point is added: ‘(i) providing opinions in accordance with Article 35a.’;
Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 introducing the screening of third-country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817

article  22

CELEX:  32024R1356

(3) Article 13 is amended as follows:
(a) paragraph 4a is replaced by the following: ‘4a. Access to the ETIAS identity data and travel document data stored in the CIR shall also be reserved exclusively for the duly authorised staff of the national authorities of each Member State and for the duly authorised staff of the Union agencies that are competent for the purposes laid down in Articles 20, 20a and 21 of Regulation (EU) 2019/817. Such access shall be limited according to the extent that the data are required for the performance of their tasks for those purposes, and proportionate to the objectives pursued.’;
(b) the following paragraph is inserted: ‘4b. The screening authorities as defined in Article 2, point (10), of Regulation (EU) 2024/1356 (the “screening authorities”) shall also have access to ETIAS to consult the data in order to perform the checks in accordance with Article 15(2) of that Regulation. A search in accordance with this paragraph shall be performed by using the data referred to in Article 14(1), points (a) and (b), of Regulation (EU) 2024/1356 and ETIAS shall return a hit where a decision refusing, annulling or revoking a travel authorisation based on Article 28(7) or on Article 37(1), points (a), (b) and (e), of this Regulation is included in a matching application file. Where a hit is obtained, the screening authorities shall have access to all relevant data in the file. If the search carried in accordance with this paragraph indicates that there is a correspondence between the data used for the search and the data recorded in the ETIAS watchlist referred to in Article 34, the ETIAS National Unit or Europol having entered the data in the ETIAS watchlist shall be notified of the correspondence and shall be responsible for accessing the data in the ETIAS watchlist and for providing an opinion in accordance with Article 35a.’;
(c) paragraph 5 is replaced by the following: ‘5. Each Member State shall designate the competent national authorities referred to in paragraphs 1, 2, 4 and 4a of this Article, and the screening authorities referred to in paragraph 4b of this Article, and shall communicate a list of those authorities to eu-LISA without delay, in accordance with Article 87(2) of this Regulation. That list shall specify for which purpose the duly authorised staff of each authority shall have access to the data in the ETIAS Information System in accordance with paragraphs 1, 2, 4 and 4a of this Article.’;
Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 introducing the screening of third-country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817

article  22

CELEX:  32024R1356

(4) the following Article is inserted: ‘Article 35a Tasks of the ETIAS National Unit and Europol regarding the ETIAS watchlist for the purpose of the screening 1. In cases referred to in Article 13(4b), fourth subparagraph, the ETIAS Central System shall send an automated notification to either the ETIAS National Unit or to Europol, depending on which of them entered the data into the ETIAS watchlist. Where the ETIAS National unit or Europol, as appropriate, considers that the third-country national undergoing the screening might pose a threat to internal security, it shall immediately notify the respective screening authorities and provide a reasoned opinion to the Member State performing the screening, within two days of the receipt of the notification, in the following manner:
(a) the ETIAS National Units shall inform the screening authorities through a secure communication mechanism, to be set up by eu-LISA, between the ETIAS National Units on the one part and the screening authorities on the other;
(b) Europol shall inform the screening authorities using the communication channels provided for in Regulation (EU) 2016/794; if no opinion is provided, it shall be considered that there is no security risk
Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 introducing the screening of third-country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817

article  22

CELEX:  32024R1356

2. The automated notification referred to in paragraph 1 of this Article shall contain the data referred to in Article 15(2) of Regulation (EU) 2024/1356 used for the query.’;
(5) in Article 69(1), the following point is inserted: ‘(ea) where relevant, a reference to queries entered in the ETIAS Central System for the purposes of Articles 14 and 15 Regulation (EU) 2024/1356, the hits triggered and the results of this query;’.