Det europeiske system for innreiseinformasjon og -tillatelse: gjennomføringsbestemmelser om datakvalitet
(Utkast) Kommisjonens gjennomføringsbeslutning (EU) .../... om mekanismen, prosedyrene og de egnede kravene til overholdelse av datakvalitet i henhold til artikkel 74 nr. 5 til europaparlaments- og rådsforordning (EU) 2018/1240
(Draft) Commission Implementing Decision (EU) .../... on the mechanism, the procedures and the appropriate requirements for data quality compliance, pursuant to Article 74(5) of Regulation (EU) 2018/1240 of the European Parliament and of the Council
Avtalegrunnlag
Schengen-avtalen
Utkast til kommisjonsbeslutning godkjent av komite (representanter for medlemslandene) og publisert i EUs komitologiregister 15.6.2021
Nærmere omtale
BAKGRUNN (fra kommisjonsbeslutningen, engelsk utgave)
(1) Regulation (EU) 2018/1240 establishes the European Travel Information and Authorisation System (ETIAS), applicable to visa-exempt third-country nationals seeking to enter the territory of the Member States.
(2) The operation of ETIAS requires the development and technical implementation of the ETIAS Information System. The European Union Agency for the Operational Management of Large-Scale IT systems in the Area of Freedom, Security and Justice (‘eu-LISA’) should develop and maintain a mechanism and procedures for ensuring the quality of data stored in the ETIAS Central System. The solution implemented by eu-LISA should contain rules preventing the users of the system from entering low quality data. The users of the system should further be assisted by guidance within the system to further increasing the quality of data entered into ETIAS.
(3) eu-LISA should regularly monitor the compliance with data quality rules set out in this Decision and take appropriate remedial measures where required. In particular, eu-LISA should verify if each data is complete, accurate, consistent, timely, unique and up-to-date and conforms to data quality rules.
(4) The data contained in the ETIAS watchlist and the screening rules are processed differently than the rest of the data contained in the ETIAS watchlist and they should therefore be excluded from this Decision.
(5) eu-LISA, which is responsible for the design and development phase of the ETIAS Information System, should be able to define the design of the physical architecture of ETIAS including its Communication Infrastructure, as well as the technical specifications of the system and to develop ETIAS. The measures laid down by this Decision should be completed by the Technical Specifications of ETIAS.
(6) The data quality rules contained in this implementing decision should contribute to ensuring that the data entered in the ETIAS Central System are accurate and up-to-date. In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark did not take part in the adoption of Regulation (EU) 2018/1240 and is not bound by it or subject to its application. However, given that Regulation (EU) 2018/1240 builds upon the Schengen acquis, Denmark notified on 21 December 2018, in accordance with Article 4 of that Protocol, its decision to implement Regulation (EU) 2018/1240 in its national law.
(7) This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC ; Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.
(8) As regards Iceland and Norway, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis , which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC .
(9) As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis , which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC .
(10) As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU .
(11) This Decision constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession, Article 4(1) of the 2005 Act of Accession and Article 4(1) of the 2011 Act of Accession.
(12) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on xxx.
(13) The measures provided for in this Decision are in accordance with the opinion of the Smart Borders Committee (ETIAS)
(1) Regulation (EU) 2018/1240 establishes the European Travel Information and Authorisation System (ETIAS), applicable to visa-exempt third-country nationals seeking to enter the territory of the Member States.
(2) The operation of ETIAS requires the development and technical implementation of the ETIAS Information System. The European Union Agency for the Operational Management of Large-Scale IT systems in the Area of Freedom, Security and Justice (‘eu-LISA’) should develop and maintain a mechanism and procedures for ensuring the quality of data stored in the ETIAS Central System. The solution implemented by eu-LISA should contain rules preventing the users of the system from entering low quality data. The users of the system should further be assisted by guidance within the system to further increasing the quality of data entered into ETIAS.
(3) eu-LISA should regularly monitor the compliance with data quality rules set out in this Decision and take appropriate remedial measures where required. In particular, eu-LISA should verify if each data is complete, accurate, consistent, timely, unique and up-to-date and conforms to data quality rules.
(4) The data contained in the ETIAS watchlist and the screening rules are processed differently than the rest of the data contained in the ETIAS watchlist and they should therefore be excluded from this Decision.
(5) eu-LISA, which is responsible for the design and development phase of the ETIAS Information System, should be able to define the design of the physical architecture of ETIAS including its Communication Infrastructure, as well as the technical specifications of the system and to develop ETIAS. The measures laid down by this Decision should be completed by the Technical Specifications of ETIAS.
(6) The data quality rules contained in this implementing decision should contribute to ensuring that the data entered in the ETIAS Central System are accurate and up-to-date. In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark did not take part in the adoption of Regulation (EU) 2018/1240 and is not bound by it or subject to its application. However, given that Regulation (EU) 2018/1240 builds upon the Schengen acquis, Denmark notified on 21 December 2018, in accordance with Article 4 of that Protocol, its decision to implement Regulation (EU) 2018/1240 in its national law.
(7) This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC ; Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.
(8) As regards Iceland and Norway, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis , which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC .
(9) As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis , which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC .
(10) As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU .
(11) This Decision constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession, Article 4(1) of the 2005 Act of Accession and Article 4(1) of the 2011 Act of Accession.
(12) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on xxx.
(13) The measures provided for in this Decision are in accordance with the opinion of the Smart Borders Committee (ETIAS)
Avtalegrunnlag
Schengen-avtalen