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European Travel Information and Authorisation System

Verantwortlicher Autor: Carlo Marino Rome, 27.08.2017, 19:26 Uhr
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Rome [ENA] The irregular migration risk means the risk of a third country national not fulfilling the conditions of entry and stay as set out in Article 6 of Regulation (EU) 2016/399 of the European Parliament and of the Council of the European Union. The ETIAS , (European Travel Information and Authorisation System ) represents one of the priorities identified in the Bratislava Roadmap of 16 September 2016, signed and agreed

by the 27 heads of state and government of the Union. The Commission, the High Representative of the European Union for Foreign Affairs and Security Policy and the Member States give high importance to foreign policy aspects of the establishment of ETIAS . They are communicating ETIAS objectives to the governments of the third countries concerned in a opportune and concise manner, emphasizing the fundamental political, legal and practical differences between visa obligation and travel authorisation.

The EU Commission is going to launch communication campaigns in the relevant third countries in due time before the ETIAS Regulation comes into force so that travellers will be appropriately informed about the application process for ETIAS authorisation and the legal remedies available in the event of a refusal, as well as about the positive aspects of enabling smooth and faster crossing of the border for travellers with prior travel authorization.

Furthermore , the ETIAS should establish a travel authorisation for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement') enabling to determine exclusively whether the presence of certain individuals in the territory of the Member States does not pose an irregular migration, security or public health risk. Security risk means a risk of a threat to public policy, internal security or international relations of any of the Member States. It is verisimilar that holding a valid travel authorisation should be a new entry condition for the territory of the Member States.

All the same, mere possession of a travel authorisation should not confer an automatic right of entry. To meet its objectives, the ETIAS should provide an online application form that the applicant should fill in with declarations relating to his or her identity, travel document, residence information, contact details, current occupation, his or her condition of family member to EU citizens or third country nationals benefiting from free movement not holding a residence card, if the applicant is minor, identity of the responsible person and answers to a set of background questions (whether or not the applicant is subject to any disease with epidemic potential as defined by the International Health Regulations of the WHO

or other infectious or contagious parasitic diseases, criminal records, presence in war zones, decision to return to borders/orders to leave territory). Access to the applicants' health data should only be allowed to determine whether they represent a threat to public health. ETIAS should be designed as a user-friendly platform and provide all relevant information in the language of the applicant or in a language the applicant . ETIAS should provide application facilities (kiosks) for applicants at the main departure air and seaports and at major land border crossings. Travel agents should be able to create applications on behalf of individuals or groups of applicants.

When, in exceptional circumstances, it is necessary to allow a third country national to travel on humanitarian grounds, for reasons of national interest or because of international obligations, it should have the possibility to issue a travel authorisation with limited territorial and temporal validity. Access to the information contained in ETIAS should contribute to prevent, detect and investigate terrorist offences as referred to in Council Framework Decision 2002/475/JHA26 or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA27 .

In a specific investigation and in order to establish evidence and information related to a person suspected of having committed a crime or a victim of a crime, law enforcement authorities may need access to the data generated by ETIAS. The data stored in ETIAS may also be necessary to identify the perpetrator of a terrorist offence or other serious criminal offences, especially when urgent action is needed.

Access to the ETIAS for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences constitutes an interference with the fundamental rights, in particular with the right to private life of individuals and the right to protection of personal data of persons whose personal data are processed in the ETIAS. Therefore, the data in ETIAS should be retained and made available to the designated authorities of the Member States and the European Police Office ('Europol'), subject to the strict conditions set out in this Regulation in order for such access to be limited to what is strictly necessary for the prevention, detection and investigation of terrorist offences and serious criminal offences

in accordance with the requirements notably laid down in the jurisprudence of the Court, in particular in the Digital Rights Ireland case. Strict access rules to the ETIAS Central System and the necessary safeguards should be set up. The collection, storage and use of the data acquired under ETIAS should in every case comply with the Charter of Fundamental Rights of the European Union. It is also necessary to provide for individuals' rights of access, correction, deletion and redress, in particular the right to a judicial remedy and the supervision of processing operations by public independent authorities.

The EEAS and the diplomatic representations of the third countries subject to a visa-free regime should also be consulted. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. Such expert groups should include representatives of the EEAS.

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