(1) in Article 1, the following point is added: "(e) the conditions under which data in ECRIS-TCN may be used by the ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of 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 ).";
----------------------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) Article 2 is replaced by the following: "Article 2 Scope This Regulation applies to the processing of identity information of third-country nationals who have been subject to convictions in the Member States, for the purpose of identifying the Member States where such convictions were handed down. With the exception of point (b)(ii) of Article 5(1), the provisions of this Regulation that apply to third-country nationals also apply to citizens of the Union who also hold a nationality of a third country and who have been subject to convictions in the Member States. This Regulation: (a) supports the VIS objective of assessing whether the applicant for a visa, a long-stay visa or a residence permit could pose a threat to public policy or internal security, in accordance with Regulation (EC) No 767/2008; (b) supports the ETIAS objective of contributing to a high level of security, in accordance with Regulation (EU) 2018/1240; (c) facilitates and assists in the correct identification of persons in accordance with this Regulation and with Regulation (EU) 2019/818.";
(3) in Article 3, point (6) is replaced by the following: "(6) "competent authorities" means the central authorities, Eurojust, Europol, the EPPO, the VIS designated authorities as referred to in Article 9d and Article 22b(13) of Regulation (EC) No 767/2008, and the ETIAS Central Unit, which are competent to access or query ECRIS-TCN in accordance with this Regulation;";
(4) Article 5 is amended as follows: (a) paragraph 1 is amended as follows: (i) the first indent of point (a)(iii) is replaced by the following: "— identity number, or the type and number of the person’s identification documents, including travel documents, as well as the name of the issuing authority,";
(ii) point (c) is replaced by the following: "(c) a flag indicating, for the purpose of Regulations (EC) No 767/2008 and (EU) 2018/1240, that the third-country national concerned has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 if it is punishable by a custodial sentence or a detention order for a maximum period of at least three years under national law, including the code of the convicting Member State.";
(b) paragraph 7 is replaced by the following: "7. Flags and codes of convicting Member States as referred to in point (c) of paragraph 1 of this Article shall be accessible and searchable only by: (a) the VIS Central System, as established by point (b) of Article 2a(1) of Regulation (EC) No 767/2008, for the purpose of the verifications pursuant to Article 7a of this Regulation in conjunction with point (e) of Article 9a(4) or point (e) of Article 22b(3) of Regulation (EC) No 767/2008; (b) the ETIAS Central System, as defined in point (25) of Article 3(1) of Regulation (EU) 2018/1240, for the purpose of the verifications pursuant to Article 7b of this Regulation in conjunction with point (n) of Article 20(2) of Regulation (EU) 2018/1240 where hits are reported following the automated verifications pursuant to Article 20, point (c)(ii) of Article 24(6) and point (b) of Article 54(1) of that Regulation.
Without prejudice to the first subparagraph of this paragraph, the flags and the code of the convicting Member State referred to in point (c) of paragraph 1 shall not be visible to any authority other than the central authority of the convicting Member State that created the flagged data record.";
(5) Article 7(7) is replaced by the following: "7. In the event of a hit, the central system or the CIR shall automatically provide the competent authority with information on the Member States holding criminal record information on the third-country national, along with the associated reference numbers referred to in Article 5(1) and any corresponding identity information. Such identity information shall be used only for the purpose of verifying the identity of the third-country national concerned. The result of a search in the central system shall be used only for the purpose of: (a) making a request pursuant to Article 6 of Framework Decision 2009/315/JHA; (b) making a request as referred to in Article 17(3) of this Regulation; (c) supporting the VIS objective of assessing whether the applicant for a visa, a long-stay visa or a residence permit could pose a threat to public policy or internal security, in accordance with Regulation (EC) No 767/2008; or (d) supporting the ETIAS objective of contributing to a high level of security, in accordance with Regulation (EU) 2018/1240.";
(6) the following article is inserted: "Article 7b Use of ECRIS-TCN for ETIAS verifications 1. For the purpose of performing the tasks pursuant to Regulation (EU) 2018/1240, the ETIAS Central Unit shall have the right to access and search ECRIS-TCN data. However, the ETIAS Central Unit shall have the right to access, in accordance with Article 11(8) of that Regulation, only those data records to which a flag has been added pursuant to point (c) of Article 5(1) of this Regulation. The data referred to in the first subparagraph shall be used only for the purpose of verification by: (a) the ETIAS Central Unit pursuant to Article 22 of Regulation (EU) 2018/1240; or (b) the ETIAS National Units pursuant to Article 25a(2) of Regulation (EU) 2018/1240 for the purpose of consulting national criminal records; national criminal records shall be consulted prior to the assessments and decisions referred to in Article 26 of that Regulation and, where applicable, prior to the assessments and opinions pursuant to in Article 28 of that Regulation.
2. The CIR shall be connected to the ESP to enable the automated verifications pursuant to Article 20, point (c)(ii) of Article 24(6) and point (b) of Article 54(1) of Regulation (EU) 2018/1240. 3. Without prejudice to Article 24 of Regulation (EU) 2018/1240, the automated verifications pursuant to Article 20, point (c)(ii) of Article 24(6) and point (b) of Article 54(1) of that Regulation shall enable the subsequent verifications provided for in Articles 22 and 26 of that Regulation. For the purpose of proceeding with the verifications referred to in point (n) of Article 20(2) of Regulation (EU) 2018/1240, the ETIAS Central System shall use the ESP to compare the data in ETIAS with the ECRIS-TCN data to which a flag has been added pursuant to point (c) of Article 5(1) of this Regulation and Article 11(8) of Regulation (EU) 2018/1240, using the data listed in the correspondence table set out in Annex II to this Regulation."; (7) Article 8(3) is replaced by the following: "3. Flags as referred to in point (c) of Article 5(1) shall be erased automatically upon expiry of the retention period referred to in paragraph 1 of this Article or 25 years after the creation of the flag as regards convictions related to terrorist offences or 15 years after the creation of the flag as regards convictions related to other criminal offences, whichever comes first."; (8) Article 24(1) is replaced by the following: "1. The data entered into the central system and the CIR shall be processed only for the purposes of: (a) the identification of the Member States holding the criminal records information of third-country nationals; (b) supporting the VIS objective of assessing whether the applicant for a visa, a long-stay visa or a residence permit could pose a threat to public policy or internal security, in accordance with Regulation (EC) No 767/2008; or (c) supporting the ETIAS objective of contributing to a high level of security, in accordance with Regulation (EU) 2018/1240.
The data entered into the CIR shall also be processed in accordance with Regulation (EU) 2019/818 for facilitating and assisting in the correct identification of persons registered in ECRIS-TCN in accordance with this Regulation."; (9) the following article is inserted: "Article 31b Keeping of logs for the purposes of interoperability with ETIAS For the consultations referred to in Article 7b of this Regulation, a log of each ECRIS-TCN data processing operation carried out within the CIR and ETIAS shall be kept in accordance with Article 69 of Regulation (EU) 2018/1240."; (10) in Article 32(3), the second subparagraph is replaced by the following: "Every month eu-LISA shall submit to the Commission statistics relating to the recording, storage and exchange of information extracted from criminal records through ECRIS-TCN and the ECRIS reference implementation, including statistics on the data records which include a flag as referred to in point (c) of Article 5(1). eu-LISA shall ensure that it is not possible to identify individuals on the basis of those statistics. At the request of the Commission, eu-LISA shall provide it with statistics on specific aspects related to the implementation of this Regulation."; (11) the following annex is added: "
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Regulation (EU) 2021/1151 of the European Parliament and of the Council of 7 July 2021 amending Regulations (EU) 2019/816 and (EU) 2019/818 as regards the establishment of the conditions for accessing other EU information systems for the purposes of the European Travel Information and Authorisation System
(1) in Article 18, the following paragraph is inserted: "1b. For the purpose of Article 20 of Regulation (EU) 2018/1240, the CIR shall also store, logically separated from the data referred to in paragraph 1 of this Article, the data referred to in point (c) of Article 5(1) of Regulation (EU) 2019/816. The data referred to in point (c) of Article 5(1) of Regulation (EU) 2019/816 shall be accessible only in the manner referred to in Article 5(7) of that Regulation."; (2) in Article 68, the following paragraph is inserted: "1b. Without prejudice to paragraph 1 of this Article, the ESP shall start operations, for the purposes of the automated verifications pursuant to Article 20, Article 23, point (c)(ii) of Article 24(6), Article 41 and point (b) of Article 54(1) of Regulation (EU) 2018/1240 only, once the conditions laid down in Article 88 of that Regulation have been met.".
| Data as referred to in Article 17(2) of Regulation (EU) 2018/1240 sent by the ETIAS Central System | The corresponding ECRIS-TCN data referred to in Article 5(1) of this Regulation with which data in ETIAS are to be compared |
|---|---|
| surname (family name) | surname (family name) |
| surname at birth | previous names |
| first name(s) (given name(s)) | first names (given names) |
| other names (alias(es), artistic name(s), usual name(s)) | pseudonyms or aliases |
| date of birth | date of birth |
| place of birth | place of birth (town and country) |
| country of birth | place of birth (town and country) |
| sex | gender |
| current nationality | nationality or nationalities |
| other nationalities (if any) | nationality or nationalities |
| type of the travel document | type of the person’s travel documents |
| number of the travel document | number of the person’s travel documents |
| country of issue of the travel document | name of the issuing authority |