Chapter I, Article 1, Point (9) · Regulation (EU) 2021/1152

Contents

(9)Article 20(2) is replaced by the following:‘2.The ETIAS Central System shall launch a query by using the ESP to compare the relevant data referred to in points (a), (aa), (b), (c), (d), (f), (g), (j), (k) and (m) of Article 17(2) and in Article 17(8) to the data present in a record, file or alert registered in an application file stored in the ETIAS Central System, SIS, the EES, the VIS, Eurodac, ECRIS-TCN, Europol data and in the Interpol SLTD and TDAWN databases. In particular, the ETIAS Central System shall verify:

(a)whether the travel document used for the application corresponds to a travel document reported lost, stolen, misappropriated or invalidated in SIS;

(b)whether the travel document used for the application corresponds to a travel document reported lost, stolen or invalidated in the SLTD;

(c)whether the applicant is subject to a refusal of entry and stay alert entered in SIS;

(d)whether the applicant is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS;

(e)whether the applicant and the travel document correspond to a refused, revoked or annulled travel authorisation in the ETIAS Central System;

(f)whether the data provided in the application concerning the travel document correspond to another application for travel authorisation associated with different identity data referred to in point (a) of Article 17(2) in the ETIAS Central System;

(g)whether the applicant is currently reported as an overstayer or whether he or she has been reported as an overstayer in the past in the EES;

(h)whether the applicant is recorded as having been refused entry in the EES;

(i)whether the applicant has been subject to a decision to refuse, annul or revoke a short stay visa recorded in VIS;

(j)whether the data provided in the application correspond to data recorded in Europol data;

(k)whether the applicant is registered in Eurodac;

(l)whether the travel document used for the application corresponds to a travel document recorded in a file in TDAWN;

(m)in cases where the applicant is a minor, whether the applicant’s parental authority or legal guardian:

(i)is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS;

(ii)is subject to a refusal of entry and stay alert entered in SIS;

(n)whether the applicant corresponds to a person whose data has been recorded in ECRIS-TCN and flagged in accordance with point (c) of Article 5(1) of Regulation (EU) 2019/816; those data shall be used only for the purpose of the verification by the ETIAS Central Unit pursuant to Article 22 of this Regulation and for the purpose of the consultation of the national criminal records by the ETIAS National Units pursuant to Article 25a(2) of this Regulation; ETIAS National Units shall consult national criminal records prior to the assessments and decisions referred to in Article 26 of this Regulation and, where applicable, prior to the assessments and opinions pursuant to Article 28 of this Regulation;

(o)whether the applicant is subject to an alert on return entered in SIS.’;