ETIAS - theory and practical implementation

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1. what is ETIAS?

ETIAS is the acronym for European Information and Authorisation System. In 2016, the European Commission proposed to set up a control system to monitor travellers who enter the EU without a visa. This applies to citizens of more than 60 countries.

ETIAS is an it system that operates fully automatically. It identifies all security and unforeseen migration risks that may be posed by people entering the Schengen area. At the same time, it makes border crossing safer for people who do not pose a risk, without placing a heavy burden on them. Travellers who do not reside in an EU Member State and can enter without a visa must apply for an entry permit via the ETIAS system. The information requested at the time of application makes it possible to check the risks of entry and migration in advance and, if necessary, to refuse entry to the persons concerned.

Once the traveller has completed the application, the system compares the data with the EU's information systems for borders and security. If the data is unobtrusive, the system issues the travel authorization within minutes. Without this travel authorisation, no entry into the Schengen area will be possible. When crossing the border, the border guard checks the permit together with the other travel documents. This prior verification of visa-exempted non-EU citizens facilitates border controls. There are no delays on entry, and the risk assessment of non-EU nationals seeking entry is coordinated and fair. The border guards reject fewer people seeking entry.

 What are the differences to a Schengen visa?

 ETIAS is not comparable to a visa. Anyone who was previously allowed to enter the Schengen area without a visa will not need a visa in future either. In future, however, they must submit an ETIAS application. The application can be completed within a few minutes and in more than 95% of all cases, an entry permit is issued after a short time.

Anyone who applies for an ETIAS does not need to visit a consulate or provide biometric data. The applicant has to provide significantly less data than for a visa application. A visa application takes up to 15 days. This period can even be extended to 30 or 60 days in individual cases. The online ETIAS application is completed in a few minutes. It is valid for three years, during which time the traveler may enter the country several times.

The ETIAS application is only a small effort, which all non-EU citizens who do not require a Schengen visa have to undergo. This reduces bureaucracy and delays at the border. ETIAS is equivalent to a visa. Travellers therefore have the same rights as tourists with a visa. They can therefore cross all borders in the Schengen area, as ETIAS is recognised in all member countries.

 How ETIAS affects the common visa policy

 The Schengen area is characterized by visa liberalization, which means that citizens from many countries can enter the Schengen area without a visa. This has implications not only for tourism, but also for the economy. This makes it easier for the EU to develop partnerships with third countries. By screening travellers for possible security risks or irregular migration risks, visa liberalisation is complemented and secured. At the same time, checks allow visitors to enter the Schengen area without hindrance and provide greater security. Thanks to the fast application process, travellers receive information about the approval at an early stage so that they can plan their trip in good time.

The EU is in talks with many countries about future visa liberalisation. In this context, ETIAS will play an important role, as it will facilitate the assessment of travellers from new member states and enable them to cross the borders into the Schengen area.

2. how ETIAS works in practice

 What is necessary before the journey

 The first step is to fill out an application. There is a special website for this. This can be accessed via computer, tablet, smartphone or other device. It takes about ten minutes to complete the application. All that is required is a valid passport or equivalent document. If the applicant is unable to complete the application due to age, reading ability, lack of technical understanding or lack of appropriate devices, a third person can also submit the application.

Applicants between 18 and 70 years of age pay a fee of EUR 7 for each application. The fee is paid electronically. The payment methods are adapted to the circumstances in countries exempted from the visa requirement. This ensures that no country is disadvantaged because it does not have the existing payment methods.

After payment has been made, the system checks the participant. In 95 percent of cases, the system approves the application. If there is a hit in the system or the data situation is unclear, members of the European Border and Coast Guard or a team from one of the member states process the application further. The processing time of the application is extended by up to 96 hours. In rare cases it is necessary to collect further information from the applicant, sometimes further procedural steps are necessary. The final decision must be made within four weeks.

Out of the five percent of applicants who receive a hit, three to four percent will receive a positive decision after review by ETIAS staff. Only one to two percent continue to process the national ETIAS offices. After the decision, applicants receive an e-mail with the travel authorisation or a reason for the rejection.

 An applicant has been denied authorisation, what happens now?

 If the applicant receives a negative decision, he can appeal against it. The competent authority is the Member State that has decided on the application. The basis for the decision is always the law of the member state. The rejection notice contains information about the Member State that has decided on the application. It also tells the applicant how to proceed in the event of an appeal. If the traveller believes that the refusal is unfounded, he can appeal to the national authorities and request access to the information.

 How long is the ETIAS authorisation valid?

 ETIAS is valid for three years. If the passport expires before then or becomes invalid for any other reason, the ETIAS application will also become invalid. ETIAS is only valid in conjunction with the passport.

 What do carriers have to provide?

 All companies that transport people into the Schengen area by air, sea or bus must check the travel authorisation before boarding. This includes the ETIAS travel authorisation. For the time being there is a transitional period during which coaches are not obliged to check the travel authorisation.

 The border crossing procedure is as follows

 The border guard checks the travel documents and thus triggers a query to various databases. If the traveller is exempt from the visa requirement, this includes a query of an ETIAS travel authorisation. If there is no travel authorisation, the traveller cannot cross the border. The refusal of entry is recorded in the system.

If a travel authorization exists, a normal border control procedure is carried out. If all entry conditions are met, the visitor can travel to the country. If these conditions are not met, the border official will refuse entry in accordance with the Schengen Border Code.

 Is it possible to revoke the travel authorisation?

 

Although the ETIAS permit is valid for three years, it can be cancelled or revoked at any time if the conditions for entry are no longer met. 

 3. ETIAS will close information gaps and increase security

 How does ETIAS manage to close any information gaps that may exist?

At present, border officials have little information on travellers who cross the borders into the Schengen area without a visa. In the case of travellers with a visa, the border guard can compare the data with the Visa Information System. This creates an information gap between travellers with and without visas. ETIAS bridges this gap. It helps to identify travellers with a potential security risk, even if they come from a country that does not currently require a visa.

 How can ETIAS complement existing border and security information systems?

 The Communication "Stronger and Smarter Information Systems for Borders and Security" of 6 April 2016 states that ETIAS will work with other existing or developing systems. One example is the Entry/Exit System (EES).

It is planned that ETIAS will use the software and hardware components of the EES and the communication structures. This cooperation is also guaranteed with other systems where ETIAS performs a query. These include the Visa Information System (VIS), data from Europol, the Schengen Information System (SIS), Eurodac and the European Criminal Records Information System - Third Country Nationals (ECRIS-TCN).

 ETIAS makes a query on the following databases

 ETIAS checks each applicant against various databases. Some of them already exist, others are created during the development of ETIAS.

Already existing databases:

- Schengen Information System (SIS)

- Visa Information System (VIS)

- Europol data

- Eurodac database (following the recast of the database)

 

Future databases

- Entry/Exit System (EES)

 

Interpol databases

- Database for stolen and lost travel items (SLTD)

- Database for travel documents related to notices (TDAWN)

 An ETIAS watch list and a database for specific risk factors are also planned. It is expected that ETIAS will also be able to search the European Criminal Records Information System - Third Country Nationals (ECRIS-TCN).

 How ETIAS improves the security of EU citizens

 ETIAS provides important information on security, public health and irregular migration. The system helps to fill important information gaps. Through ETIAS, it is possible to identify travellers who pose a risk to states even before they reach the borders of the Schengen area.

Among other things, the system uncovers trafficking in human beings (especially minors), helps to combat cross-border crime and finds people who pose a threat to the internal security of the Schengen area. The data collected by ETIAS and stored in the system can be used by national law enforcement authorities and Europol as necessary to detect and prevent terrorist and other criminal offences.

 ETIAS respects fundamental rights and data protection

 ETIAS is in full compliance with fundamental rights and guarantees that the highest standards of data processing are respected. In particular, access to data is subject to strict regulation. Every traveller has the right to object to the processing of data. If he has doubts about the processing of the data, he can take legal action against the processing and monitoring by independent public authorities.

The data is only stored for a certain period of time. If the data are no longer needed, they are deleted.

This is done

- Until the end of the validity of the travel authorization

- If the travel authorisation has not been granted, revoked or cancelled, the data shall be kept for five years after the final decision has been taken.

 A longer retention period shall be kept for a maximum of three years after the expiry of the travel authorisation. However, this retention is always voluntary and the applicant must give his or her explicit consent.  After this period, the personal data and the file on the application are automatically removed from the system.

Europol and other law enforcement authorities can only access the data if they have a legitimate interest. The purpose must be the investigation, detection or prevention of serious crime or terrorist activities. Access is only possible if access to the data is necessary for the performance of these tasks.

 

4. the structure and development of ETIAS

 What structure will ETIAS have?

 ETIAS will consist of three parts: The ETIAS information system, the ETIAS Central Unit, the ETIAS national units.

The information system is divided into the following units:

- A centrally managed system that manages the applications

- Each Member State has a common interface. This connects the central system with the state infrastructures

- A structure that ensures secure communication between the Central System and the national units

- A website and an app for mobile devices

- Many tools for applicants, including an e-mail service, a verification tool, an account service, a tool allowing the traveller to consent to or revoke the storage of data should the duration exceed the normal period.

 The ETIAS Central Unit is the responsibility of the border and coast guards of the participating States and is subject to their political and legal frameworks. This Central Unit operates around the clock and has the following tasks:

- It ensures that the data stored in ETIAS is up to date and accurate.

- If there is a hit on the application, the ETIAS Central Unit checks the traveller.

- The ETIAS Central Unit determines which risk factors are checked. It defines, evaluates and monitors the implementation. If it is found that a factor does not provide the necessary results, it revises it.

- It carries out regular audits. These audits serve to manage and implement the ETIAS rules. It places particular emphasis on the impact on fundamental rights, data protection and privacy.

Each state establishes ETIAS offices. These offices are responsible for risk assessment and decide whether an application can still be approved if it has been rejected by the automated system. The national offices inform the applicant of the exact procedure to follow in the event of an appeal.

 The European Coast Guard is setting up an ETIAS screening board. This board consists of a member of the national ETIAS unit, Europol and the European Coast and Border Guard. The Screening Board has an advisory function and helps to define, revise and evaluate the risk indicators. It can also be consulted on the implementation of the ETIAS watch list.

An advisory function of the Steering Committee on Fundamental Rights. This body includes representatives of the European Border and Coast Guard, the European Data Protection Supervisor, the European Data Protection Council and the Fundamental Rights Agency. The body provides the screening board with guidelines and evaluates the processing of applications and the screening rules with regard to the fundamental rights of travellers.

 What is the ETIAS Watchlist?

 When submitting an application, the traveller provides a number of details about himself/herself. These are checked against various EU databases. One of these is the ETIAS Watchlist.

The ETIAS Watchlist contains people who are suspected of having committed or being involved in a serious crime. It also includes people who the authorities believe will commit a serious crime or terrorist act. The data is supplied by Europol and the Member States.

 What role does Europol play?

 Europol is where all information relevant to security comes together. This is data that is not available to other Member States. In cooperation with the other Member States, Europol enters the relevant information into the ETIAS watch list and keeps it up to date.

If an automated search produces a hit, the national ETIAS units consult Europol. The Agency also participates in determining the screening rules.

 What is the role of EU-Lisa?

 EU-Lisa is an agency for the operational management of large-scale information systems in the area of freedom, security and justice. EU-Lisa develops ETIAS and takes care of its technical management. The tasks include the creation of a website and a mobile app for ETIAS. The app enables applicants to check the status of their application via mobile devices.

 What does the development of ETIAS cost?

 In order to keep the development costs as low as possible, ETIAS builds on the existing entry/exit system (EES) or on the one under development. ETIAS and EES will be implemented in parallel and jointly. In this way, operating and development costs can be saved.

The development of ETIAS is expected to cost 212.1 million euros. Annual operating costs are expected to be 85 million euros, which is an average figure. ETIAS will be financed through fee income.

 In which countries will ETIAS be implemented?

 ETIAS applies in all Member States of the Schengen area, as well as Croatia, Cyprus, Bulgaria and Romania.

 When does ETIAS start?

 The system is expected to start at the end of 2022.