Article 5 · Regulation (EU) 2021/1134

Contents

Article 5Amendments to Regulation (EU) 2018/1240#

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

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

(da)support the objectives of the VIS of facilitating the visa application procedure and contribute to the prevention of threats to the internal security of the Member States, by allowing queries in ETIAS, including the ETIAS watchlist referred to in Article 34;”;

(2)Article 7 is amended as follows:

(a)paragraph 2 is amended as follows:

(i)the following point is inserted:

(ca)defining, establishing, assessing ex ante, implementing, evaluating ex post, revising and deleting the specific risk indicators referred to in Article 9j of Regulation (EC) No 767/2008 after consulting the VIS Screening Board;”;

(ii)point (e) is replaced by the following:

(e)carrying out regular audits of the processing of applications and of the implementation of Article 33 of this Regulation and Article 9j of Regulation (EC) No 767/2008, including by regularly assessing their impact on fundamental rights, in particular with regard to privacy and personal data protection;”;

(iii)point (h) is replaced by the following:

(h)notifying carriers in cases of a failure of the ETIAS Information System as referred to in Article 46(1) of this Regulation or of the VIS as referred to in Article 45d(1) of Regulation (EC) No 767/2008;”;

(b)in paragraph 3, the following point is inserted:

(aa)information on the functioning of the specific risk indicators for the VIS.”;

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

(h)manually verifying the hits in the ETIAS watchlist referred to in Article 34 of this Regulation triggered by the automated queries carried out by the VIS pursuant to Articles 9a and 22b of Regulation (EC) No 767/2008 and following up those hits, in accordance with Article 9e of that Regulation.”;

(4)the following article is inserted:“Article 11aInteroperability with the VISFrom the date of the start of operations of the VIS pursuant to Article 11 of Regulation (EU) 2021/1134 of the European Parliament and of the Council^note the ETIAS Central System and the CIR shall be connected to the ESP to enable the automated processing pursuant to Articles 9a and 22b of Regulation (EC) No 767/2008.

(5)in Article 13, the following paragraph is inserted:“4b.Access by visa authorities and the authorities competent to decide on an application for a long-stay visa or residence permit to the ETIAS Central System in accordance with Articles 9a and 22b of Regulation (EC) No 767/2008 shall be limited to verifying whether the applicant for a visa, long-stay visa or residence permit or his or her travel document corresponds to an issued, refused, revoked or annulled travel authorisation in the ETIAS Central System and the reasons for the issuing, refusal, revocation or annulment.”;

(6)the following chapter is inserted:“CHAPTER IXaUSE OF ETIAS BY VISA AUTHORITIES AND AUTHORITIES COMPETENT TO DECIDE ON AN APPLICATION FOR A LONG-STAY VISA OR RESIDENCE PERMITArticle 49aAccess to data by visa authorities and authorities competent to decide on an application for a long-stay visa or residence permitFor the purpose of carrying out the verifications laid down in Articles 9c and 22b of Regulation (EC) No 767/2008, the competent visa authorities and authorities competent to decide on an application for a long-stay visa or residence permit shall have the right to access relevant data in the ETIAS Central System and the CIR.”;

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

(h)the hits triggered by the automated queries carried out by the VIS pursuant to Articles 9a and 22b of Regulation (EC) No 767/2008, the data processed by the competent visa authorities and authorities competent to decide on an application for a long-stay visa or residence permit for the purpose of manually verifying the hits in accordance with Articles 9c and 22b of that Regulation, and the data processed by the ETIAS National Units in accordance with Article 9e of that Regulation.”;

(8)in Article 75(1), the following point is added:

(d)the specific risk indicators referred to in Article 9j of Regulation (EC) No 767/2008.”.