The European Commission package of ETIAS consequential amendments: Substitute impact assessment

20-12-2019

On 7 January 2019, the European Commission presented two proposals for amendments to the legal instruments of the EU information systems following the adoption of Regulation 2018/1240 on the establishment of a European Travel Information and Authorisation System (ETIAS). The ETIAS Regulation requires all visa-exempt non-EU nationals to apply online for travel authorisation prior to the date of their departure. Neither the original Commission proposal for ETIAS, nor the two subsequent proposals (‘the Commission package’) were accompanied by Commission impact assessments. The European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) therefore requested a targeted substitute impact assessment of the expected fundamental rights impacts of specific elements of the Commission package. In particular, this study assesses: 1) whether the amendments to the ECRIS-TCN Regulation provided for in the Commission package extend the scope of that information system and, if so, whether such an extension is necessary and proportionate in accordance with Article 52(1) of the EU Charter; and 2) whether the amendments regarding the automated processing of ETIAS application files through comparisons against data present in EU information systems raise concerns in relation to the rights to respect for private life and protection of personal data.

On 7 January 2019, the European Commission presented two proposals for amendments to the legal instruments of the EU information systems following the adoption of Regulation 2018/1240 on the establishment of a European Travel Information and Authorisation System (ETIAS). The ETIAS Regulation requires all visa-exempt non-EU nationals to apply online for travel authorisation prior to the date of their departure. Neither the original Commission proposal for ETIAS, nor the two subsequent proposals (‘the Commission package’) were accompanied by Commission impact assessments. The European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) therefore requested a targeted substitute impact assessment of the expected fundamental rights impacts of specific elements of the Commission package. In particular, this study assesses: 1) whether the amendments to the ECRIS-TCN Regulation provided for in the Commission package extend the scope of that information system and, if so, whether such an extension is necessary and proportionate in accordance with Article 52(1) of the EU Charter; and 2) whether the amendments regarding the automated processing of ETIAS application files through comparisons against data present in EU information systems raise concerns in relation to the rights to respect for private life and protection of personal data.

Zunanji avtor

This study has been written by Dr Niovi Vavoula from Queen Mary University of London at the request of the Ex-ante Impact Assessment Unit of the Directorate for Impact Assessment and European Added Value, within the Directorate-General for Parliamentary Research Services (EPRS) of the Secretariat of the European Parliament.