Commission Implementing Regulation (EU) 2022/1380 of 8 August 2022 laying down the rules and conditions for verification queries by carriers, provisions for data protection and security for the carriers’ authentication scheme as well as fall back procedures in case of technical impossibility and repealing Implementing Regulation (EU) 2021/1217

Type Implementing Regulation
Publication 2022-08-09
State In force
Text As published
Department European Commission, HOME
Source EUR-Lex
articles 16

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

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9.8.2022 EN Official Journal of the European Union L 207/1

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 1, and in particular Article 45(2), third paragraph, and (3) and Article 46(4) and (5) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation establishes:

Article 2

Definitions

For the purposes of this Regulation the following definitions apply:

Article 3

Obligations of carriers

1.

Carriers shall send a query referred to in Article 45(1) of Regulation (EU) 2018/1240 (‘verification query’), through the carrier interface.

2.

The verification query shall be sent at the earliest 48 hours prior to the scheduled time of departure.

3.

Carriers shall ensure that only duly authorised staff have access to the carrier interface. The carriers shall put in place at least the following mechanisms:

Article 4

Connection and access to the carrier interface

1.

Carriers shall connect to the carrier interface through one of the following:

2.

Carriers shall access the carrier interface through one of the following:

Article 5

Queries

1.

In order to send the verification query, the carrier shall provide the following traveller data:

2.

For the purposes of providing the information referred to in paragraph 1, points (a) to (d), carriers shall be allowed to scan the machine-readable zone of the travel document.

3.

Where the passenger is exempt from the scope of Regulation (EU) 2018/1240 in accordance with Article 2 of that Regulation or is in airport transit, the carrier shall be able to specify it in the verification query.

4.

Carriers shall be able to send a verification query for one or more passengers. The carrier interface shall include the reply referred to in Article 6 for each passenger included in the query.

Article 6

Reply

1.

Where the passenger is exempt from the scope of Regulation (EU) 2018/1240 in accordance with Article 2 of that Regulation or is in airport transit, the reply shall be ‘Not applicable’. In all other cases, the reply shall be ‘OK’ or ‘Not OK’. Where a verification query returns a ‘Not OK’ reply, the reply shall specify that the response is coming from the European Travel Information and Authorisation System.

2.

During the transitional period referred to in Article 83(1) of Regulation (EU) 2018/1240, replies to the verification queries shall be determined in accordance with the following rules:

3.

During the grace period referred to in Article 83(3) of Regulation (EU) 2018/1240 replies to the queries shall be determined in accordance with the following rules:

4.

After the expiry of the grace period referred to in Article 83(3) of Regulation (EU) 2018/1240 replies to the queries shall be determined in accordance with the following rules:

Article 7

Message format

eu-LISA shall specify the data formats and structure of messages to be used for transmitting verification queries and replies to those queries through the carrier interface in the technical guidelines. eu-LISA shall provide for the use of at least the following data formats:

Article 8

Data extraction requirements for the carrier interface and data quality

1.

Data on issued, annulled and revoked travel authorisations shall be automatically extracted from the European Travel Information and Authorisation System at least daily and transmitted to the read-only database.

2.

All extractions of data into the read-only database pursuant to paragraph 1 shall be logged.

3.

eu-LISA shall be responsible for the security of the carrier interface, for the security of the personal data it contains and for the process of extracting from the European Travel Information and Authorisation System and transmitting the data referred to in paragraph 1 to the read-only database. The technical implementation details shall be derived from the security plan following the risk assessment process.

4.

It shall not be possible to transmit data from the read-only database to the European Travel Information and Authorisation System.

Article 9

Authentication scheme

1.

eu-LISA shall develop an authentication scheme, taking into account information on security risk management and the principles of data protection by design and default and access control principles including accountability and allowing to trace the initiator of the verification query.

2.

The details of the authentication scheme shall be set out in the technical guidelines.

3.

The authentication scheme shall be tested in accordance with Article 12.

4.

Where carriers access the carrier interface using the Application Programming Interface referred to in Article 4(2), point (a), the authentication scheme shall be implemented by means of mutual authentication.

Article 10

Registration with the authentication scheme

1.

Carriers referred to in Article 45(1) of Regulation (EU) 2018/1240 operating and transporting passengers into the territory of the Member States shall be required to register prior to gaining access to the authentication scheme.

2.

eu-LISA shall make available a registration form on a public website to be completed online. Submission of the registration form shall only be possible where all the fields have been correctly completed.

3.

The registration form shall include fields requiring carriers to provide the following information:

4.

The registration form shall inform the carriers of the minimum security requirements. The carriers shall ensure compliance with the following objectives:

5.

The registration form shall require carriers to declare:

6.

The registration form shall require carriers to attach an electronic copy of their instruments of constitution, including statutes, as well as an electronic copy of an extract of their official company registration from either at least one Member State, where applicable, or from a third country in, or officially translated into, one of the official Union or Icelandic or Norwegian. An electronic copy of an authorisation to operate in one or more Member States, such as an Air Operator Certificate, can substitute the official company registration.

7.

The registration form shall notify carriers:

8.

Where the registration form has been submitted correctly, eu-LISA shall register the carrier and notify the carrier that it has been registered. Where the registration form has not been submitted correctly, eu-LISA shall refuse registration and notify the carrier of the reasons.

9.

eu-LISA shall maintain an up to date register of registered carriers. Personal data contained in the registration of carriers shall be deleted at the latest one year after the carrier has been deregistered.

Article 11

Deregistration from the authentication scheme

1.

Where the carrier informs eu-LISA that it no longer operates or transports passengers into the territory of the Member States, eu-LISA shall deregister the carrier.

2.

Where the logs show that the carrier has not used the carrier interface during a period of one year, it shall be automatically deregistered.

3.

Where a carrier no longer fulfils the conditions referred to in Article 10(5), or has otherwise breached the provisions of this Regulation, the security requirements referred to in Article 10(4) or the technical guidelines, including in case of abuse of the carrier interface, eu-LISA may deregister the carrier.

4.

eu-LISA shall inform the carrier of its intention to deregister the carrier pursuant to paragraphs 1, 2 or 3, together with the reason for the deregistration, one month before deregistration. Before deregistration, eu-LISA shall give the carrier the opportunity to provide written comments.

5.

In case of urgent IT security concerns, including where the carrier is not complying with the security requirements referred to in Article 10(4), or with the technical guidelines, eu-LISA may immediately disconnect a carrier. eu-LISA shall inform the carrier of the disconnection, together with the reason for the disconnection.

6.

To the extent appropriate, eu-LISA shall assist carriers that have received a notice of deregistration or disconnection to remedy the deficiencies that gave rise to the notice and, where possible, for a limited time and under strict conditions, provide the opportunity for disconnected carriers to send verification queries by other means than those referred to in Article 4.

7.

Disconnected carriers may again be connected to the carrier interface following successful removal of the security concerns that gave rise to the disconnection. Deregistered carriers may submit a new request for registration.

8.

At any time following the registration of carriers pursuant to Article 10, eu-LISA may, in particular where there is reasoned suspicion that one or more carriers are abusing the carrier interface or do not fulfil the conditions referred to in Article 10(4), make inquiries with Member States or third countries.

9.

Where the registration form referred to in Article 10(2) is not available for a prolonged period of time, eu-LISA shall ensure that registration in accordance with that Article is possible via other means.

Article 12

Development, testing and connection of the carrier interface

1.

eu-LISA shall make available the technical guidelines to carriers in order to enable them to develop and test their carrier interface.

2.

Where carriers choose to connect through the Application Programming Interface referred to in Article 4(2), point (a), the implementation of the message format referred to in Article 7 and of the authentication scheme referred to in Article 9 shall be tested.

3.

Where carriers choose to connect through the web interface (browser) or application for mobile devices, they shall notify eu-LISA that they have successfully tested their connection to the carrier interface and that their duly authorised staff has been successfully trained in using the carrier interface.

4.

For the purpose of paragraph 2, eu-LISA shall develop and make available a testing plan, a test environment and a simulator allowing eu-LISA and carriers to test the carriers’ connection to the carrier interface. For the purpose of paragraph 3, eu-LISA shall develop and make available a test environment allowing carriers to train their staff.

5.

Upon successful completion of the registration procedure referred to in Article 10 as well as the successful completion of the testing referred to in paragraph 2 of this Article or reception of the notification referred to in paragraph 3 of this Article, eu- LISA shall connect the carrier to the carrier interface.

Article 13

Technical impossibility

1.

Where it is technically impossible to send a verification query because a component of the European Travel Information and Authorisation System failed, the following shall apply:

2.

Where it is technically impossible to send a verification query for other reasons than a failure of any component of the ETIAS Information System, the carrier shall notify the ETIAS Central Unit through the means referred to in Article 14.

3.

The carrier shall inform the ETIAS Central Unit, through the means referred to in Article 14, as soon as the issue has been solved.

4.

The ETIAS Central Unit shall inform the concerned Member States of the impossibility of this carrier to send the verification query.

5.

For the purpose of this Article and Article 14, eu-LISA shall make available to the ETIAS Central Unit a ticketing tool. That tool shall offer access to the register of carriers.

6.

The ETIAS Central Unit shall acknowledge receipt of the notifications referred to in paragraphs 1 and 2.

Article 14

Assistance to carriers

1.

A web form as part of the ticketing tool shall be made available to carriers on a public website in order to allow carriers to request assistance.

The web form shall enable the carriers to provide at least the following information:

2.

Carriers shall receive an acknowledgement of receipt of the request by the ETIAS Central Unit. That receipt shall contain a ticket number.

3.

Where the request for assistance is of a technical nature, the ETIAS Central Unit shall send the request to eu-LISA. eu-LISA shall be responsible for providing technical assistance to carriers.

4.

Where the request for assistance is not of a technical nature, the ETIAS Central Unit shall assist carriers by directing them to relevant information.

5.

Where it is technically impossible to request assistance in accordance with paragraph 1 using the web form, the carrier shall be able to use an emergency phone line connected to the ETIAS Central Unit or eu-LISA.

6.

The assistance provided by the ETIAS Central Unit and eu-LISA shall be available 24/7 and provided in English.

7.

The ETIAS Central Unit shall make available online a list of frequent questions and answers relevant for carriers. That list shall be available in all official languages of the Union. It shall be separate from the questions and answers relevant for travelers.

Article 15

Repeal of Implementing Regulation (EU) 2021/1217

Implementing Regulation (EU) 2021/1217 shall be repealed.

Article 16

Entry into force

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

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Brussels, 8 August 2022.

For the Commission

The President

Ursula VON DER LEYEN

2

Commission Implementing Regulation (EU) 2021/1217 of 26 July 2021 laying down the rules and conditions for verification queries by carriers, provisions for data protection and security for the carriers’ authentication scheme as well as fall-back procedures in case of technical impossibility (OJ L 267, 27.7.2021, p. 1).

3

Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

5

Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application 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 those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).

7

Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, 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 (OJ L 53, 27.2.2008, p. 1).

9

Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, 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, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).

10

Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

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