(Utkast) Kommisjonens gjennomføringsbeslutning om fastsettelse av krav til formatet på personopplysningene i søknadsskjemaet som skal sendes inn i henhold til artikkel 17 nr. 1 til europaparlaments- og rådsforordning (EU) 2018/1240 samt parametrene og verifikasjonene som skal implementeres for å sikre helhet og koherens i søknaden og av disse opplysningene
(Draft) Commission Implementing Decision laying down requirements concerning the format of personal data to be inserted in the application form to be submitted pursuant to Article 17(1) of Regulation (EU) 2018/1240 of the European Parliament and the Council as well as the parameters and the verifications to be implemented in order to ensure completeness of the application and coherence of those data
Utkast til kommisjonsbeslutning godkjent av komite (representanter for medlemslandene) og publisert i EUs komitologiregister 15.6.2021
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) Pursuant to Article 17 of Regulation (EU) 2018/1240, applicants are to submit a completed application form for the purposes of obtaining authorisation. It is necessary to lay down the format of personal data to be inserted in the application form as well as the parameters and the verifications to be implemented in order to ensure the completeness of the application and coherence of those data.
(3) The European Union Agency for the Operational Management of Large-Scale IT systems in the Area of Freedom, Security and Justice ('eu-LISA') is responsible for the design and development phase of the ETIAS Information System. Based on the measures laid down by this Decision, eu-LISA should complete those measures as Technical Specifications of ETIAS.
(4) Applicants’ submission of requests for new applications should be facilitated where an application file is stored in the ETIAS Central System including when applicants choose to pre-fill application files through the ETIAS app for mobile devices. Accessing pre-filled application forms should only be possible after the identity of the applicant has been confirmed. It is therefore necessary to ensure a secure access, by the definition of authentication requirements for accessing pre-filled application forms, including through providing applicants with a unique code. The pre-filled application forms should enable applicants to consult data retained prior to introducing changes to data which may have changed in the meantime. For applicants using the app for mobile devices, technical solutions to facilitate filling out of the data, in the correct format, should be provided.
(5) In order to ensure the accuracy of the data provided by the applicant or a third party, verification processes by the ETIAS Central System should be implemented. The verifications should be carried out using different means such as requiring certain data provided by the applicant to be re-entered or checking the correspondence between partial machine readable zone codes of the travel document built by the ETIAS Information System and the machine readable zone on their travel document.
(6) If there are differences in the format of written name and surname provided in the application form and/or as written in the machine readable zone of the travel document, both formats should be recorded in the ETIAS application file. This is to prevent false hits during the automated processing of the application and to facilitate work of border guards in identifying visa-exempt third-country nationals.
(7) To ensure authenticity, completeness, correctness and reliability of data and that necessary declarations are made by the applicant, it should also be verified that application forms include such declarations before the application form can be submitted.
(8) 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.
(9) 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.
(10) 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 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 .
(11) 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 .
(12) 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 .
(13) As regards Cyprus, Bulgaria and Romania and Croatia, 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.
(14) 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 17 December 2020.
(15) The measures provided for in this Decision are in accordance with the opinion of the Smart Borders Committee (ETIAS)
Justis- og beredskapsdepartementet