Regulation (EU) 2021/1151 of the European Parliament and of the Council of 7 July 2021 amending Regulations (EU) 2019/816 and (EU) 2019/818 as regards the establishment of the conditions for accessing other EU information systems for the purposes of the European Travel Information and Authorisation System

This Regulation applies to the processing of identity information of third-country nationals who have been subject to convictions in the Member States, for the purpose of identifying the Member States where such convictions were handed down. With the exception of point (b)(ii) of Article 5(1), the provisions of this Regulation that apply to third-country nationals also apply to citizens of the Union who also hold a nationality of a third country and who have been subject to convictions in the Member States. This Regulation: (a) supports the VIS objective of assessing whether the applicant for a visa, a long-stay visa or a residence permit could pose a threat to public policy or internal security, in accordance with Regulation (EC) No 767/2008; (b) supports the ETIAS objective of contributing to a high level of security, in accordance with Regulation (EU) 2018/1240; (c) facilitates and assists in the correct identification of persons in accordance with this Regulation and with Regulation (EU) 2019/818.’;

1 For the purpose of performing the tasks pursuant to Regulation (EU) 2018/1240, the ETIAS Central Unit shall have the right to access and search ECRIS-TCN data. However, the ETIAS Central Unit shall have the right to access, in accordance with Article 11(8) of that Regulation, only those data records to which a flag has been added pursuant to point (c) of Article 5(1) of this Regulation. The data referred to in the first subparagraph shall be used only for the purpose of verification by: (a) the ETIAS Central Unit pursuant to Article 22 of Regulation (EU) 2018/1240; or (b) the ETIAS National Units pursuant to Article 25a(2) of Regulation (EU) 2018/1240 for the purpose of consulting national criminal records; national criminal records shall be consulted prior to the assessments and decisions referred to in Article 26 of that Regulation and, where applicable, prior to the assessments and opinions pursuant to in Article 28 of that Regulation.

2 The CIR shall be connected to the ESP to enable the automated verifications pursuant to Article 20, point (c)(ii) of Article 24(6) and point (b) of Article 54(1) of Regulation (EU) 2018/1240.

3 Without prejudice to Article 24 of Regulation (EU) 2018/1240, the automated verifications pursuant to Article 20, point (c)(ii) of Article 24(6) and point (b) of Article 54(1) of that Regulation shall enable the subsequent verifications provided for in Articles 22 and 26 of that Regulation. For the purpose of proceeding with the verifications referred to in point (n) of Article 20(2) of Regulation (EU) 2018/1240, the ETIAS Central System shall use the ESP to compare the data in ETIAS with the ECRIS-TCN data to which a flag has been added pursuant to point (c) of Article 5(1) of this Regulation and Article 11(8) of Regulation (EU) 2018/1240, using the data listed in the correspondence table set out in Annex II to this Regulation.’;

For the consultations referred to in Article 7b of this Regulation, a log of each ECRIS-TCN data processing operation carried out within the CIR and ETIAS shall be kept in accordance with Article 69 of Regulation (EU) 2018/1240.’;

‘1b For the purpose of Article 20 of Regulation (EU) 2018/1240, the CIR shall also store, logically separated from the data referred to in paragraph 1 of this Article, the data referred to in point (c) of Article 5(1) of Regulation (EU) 2019/816. The data referred to in point (c) of Article 5(1) of Regulation (EU) 2019/816 shall be accessible only in the manner referred to in Article 5(7) of that Regulation.’;

‘1b Without prejudice to paragraph 1 of this Article, the ESP shall start operations, for the purposes of the automated verifications pursuant to Article 20, Article 23, point (c)(ii) of Article 24(6), Article 41 and point (b) of Article 54(1) of Regulation (EU) 2018/1240 only, once the conditions laid down in Article 88 of that Regulation have been met.’.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.