Article 13 · Commission Implementing Regulation (EU) 2022/1409

Contents

Article 13Technical impossibility#

1.Where it is technically impossible to send a verification query because a component of the Entry/Exit System or a component of the Visa Information System failed, the following shall apply:

(a)where the failure is detected by a carrier, as soon as it becomes aware of it, it shall notify the ETIAS Central Unit through the means referred to in Article 14;

(b)where the failure is detected or confirmed by eu-LISA, the ETIAS Central Unit shall inform the concerned carriers and Member States of such failure by email or other means of communication, as soon as they become aware of it, and of the end of the failure when the issue has been solved.

2.Where it is technically impossible to send a verification query for other reasons than a failure of any component of the Entry/Exit System or the Visa Information System, the carrier shall notify the ETIAS Central Unit through the means referred to in Article 14.

3.The carrier shall inform the ETIAS Central Unit, through the means referred to in Article 14, as soon as the issue has been solved.The ETIAS Central Unit shall inform the Member States of the impossibility of this carrier to send the verification query.

4.For the purpose of this Article and Article 14, eu-LISA shall make available to the ETIAS Central Unit a ticketing tool. That tool shall offer access to the register of carriers.

5.The ETIAS Central Unit shall acknowledge receipt of the notifications referred to in paragraphs 1 and 2.

Defined terms · 3

Show every defined term

carrier interface
means the web service to be developed by eu-LISA in accordance with Article 37(1) of Regulation (EU) 2017/2226 where used for the purposes of Article 13(3) of that Regulation and the carrier gateway referred in Article 45c(2) and (3) of Regulation (EC) No 767/2008 and consisting of an IT interface connected to a read-only database;
duly authorised staff
means employees of or contractually engaged by the carrier or by other legal or natural persons acting under that carrier’s direction or supervision, assigned with the tasks of verifying whether the number of entries authorised by a visa has already been used on behalf of the carrier, in accordance with Article 13(3) of Regulation (EU) 2017/2226 and as from the start of operations of the Visa Information System, to verify whether third-country nationals who are subject to a short-stay visa or who are required to hold a long-stay visa, the airport transit visa or a residence permit are in possession of a valid short-stay visa, long-stay visa, airport transit visa or a residence permit, as applicable, in accordance with Article 45c(1) of Regulation (EC) No 767/2008.
technical guidelines
means the part of the technical specifications, referred to in Article 37(1) of Regulation (EU) 2017/2226 that is relevant for carriers for the implementation of the authentication scheme and the development of the message format of the Application Programming Interface referred to in Article 4(2), point (a) of this Regulation;