The ETIAS National Unit of each Member State is one of the key pillars of the ETIAS visa waiver system. What do we know about the units so far and what will their role be in improving safety and security across the European Schengen countries?
The ETIAS regulation stipulates that each Member State will establish an ETIAS National Unit. Ultimately, this unit will be responsible for deciding whether an individual can be granted access to the Schengen Area.
As such, the role that the ETIAS National Unit plays is of the greatest importance, assessing whether an applicant poses a risk to public safety.
With the ETIAS launch date drawing closer, Member States will begin to construct their National Units. Each nation is required by the ETIAS regulation to provide their National Unit with the resources necessary to carry out their duties effectively.
It is considered important that the ETIAS National Units of all EU countries communicate in one language to facilitate cooperation.
WHAT IS THE ETIAS NATIONAL UNIT RESPONSIBLE FOR?
The ETIAS National Unit will play a crucial role in helping to keep Europe safe once the new ETIAS visa waiver system is launched.
Article 8 of the ETIAS regulation clearly lays out the responsibilities of the National Unit of each Member State, as explained below.
MAKING THE FINAL DECISION ON ETIAS APPLICATIONS
The most important role of the ETIAS National Unit is to analyse and come to a final decision on whether or not to grant access when there has been a hit in the automatic system.
When a traveller submits an ETIAS request, their information is automatically cross-checked against several international security databases such as Interpol, the Schengen Information System (SIS) and Europol.
In the majority of cases, nothing will be flagged up and the ETIAS will be granted immediately.
In around 5% of cases (total applications), there will be a hit in the system and the application will be sent to the ETIAS Central Unit which will verify the information.
It is foreseen that 3-4% of those initial hits will receive a positive decision following verification of data. The remaining 1-2% will go to the ETIAS National Unit which is responsible for deciding if the individual poses a risk to the public and, therefore, whether they can safely be granted travel authorisation.
In some cases, additional information may be required. The ETIAS National Unit shall contact the applicant by email to request further details. Only in exceptional circumstances will the ETIAS National Unit invite an individual to interview.
WHICH MEMBER STATE IS RESPONSIBLE FOR MANUALLY PROCESSING APPLICATIONS?
The Member State that entered the data which resulted in a hit in the system is responsible for manually assessing an ETIAS request.
The ETIAS National Unit of this nation undertakes the manual processing of the third-country citizen’s data.
ISSUING ETIAS VALID FOR A LIMITED NUMBER OF EU COUNTRIES
Where appropriate, the ETIAS National Unit may decide to issue a travel authorisation with limited territorial validity. This may be necessary based on humanitarian grounds, for reasons of national interest, or in accordance with international obligations.
In most cases, travel will be limited to the Member State issuing the ETIAS only. In some cases, however, it will cover a number of Member States. In these circumstances, it is the ETIAS National Unit which will consult with the Member States the travel authorisation extends to.
PROVIDING APPLICANTS WHO HAVE BEEN REFUSED ETIAS WITH APPEAL PROCEDURE INFORMATION
Individuals who have been refused an ETIAS travel authorisation have the right to appeal. The ETIAS National Unit of the responsible country must ensure refused applicants have the information they require to make an appeal.
Refused applicants are provided with the address of the ETIAS National Unit of the Member State as a point of contact.
ANNULMENT AND REVOKING OF AN ETIAS TRAVEL AUTHORISATION
If the ETIAS is refused, it is the role of the ETIAS National Unit to annul a travel authorisation if it becomes apparent that the conditions were not met at the time it was issued. This may be flagged when carriers send a passenger’s ETIAS details to the Entry-Exit System (EES).
Individuals will be provided with information about the right to appeal by the ETIAS National Unit.
Similarly, the ETIAS National Unit shall revoke the travel authorisation if circumstances change, and the conditions for issuing the permit are no longer met.
An example of this would be if a new alert is entered into the SIS regarding a lost or stolen passport. The ETIAS system will check whether the new alert matches an existing travel authorisation. If this is the case, the matching ETIAS permit will be revoked and travel will be blocked.
REPRESENTATION ON THE ETIAS SCREENING BOARD
A representative from the ETIAS National Unit of each country will sit on the ETIAS Screening Board together with a member of the European Border and Coast Guard Agency (Frontex) and Europol.
The ETIAS Screening Board will have an advisory function and shall be consulted on various issues including the implementation of the ETIAS watchlist.
ETIAS NATIONAL UNITS AND PERSONAL DATA
Along with the ETIAS Central Unit and eu-LISA, ETIAS National Units are responsible for ensuring travellers’ data is processed in a secure manner and in accordance with European regulation.
The protection of ETIAS applicants’ data is a priority for European authorities and, for this reason, only authorised individuals from the ETIAS Central Unit and ETIAS National Units can access the ETIAS Information System.
To prevent security breaches, the ETIAS National Unit must keep records of the staff members who are authorised to enter or retrieve data from the system. These records, together with logs kept by eu-LISA, will ensure no unauthorised people can get access.
AMENDMENT AND ERASURE OF PERSONAL DATA FROM THE ETIAS SYSTEM
Travellers have the right to contact the ETIAS Central Unit or the National Unit responsible for their application if they believe that data stored about them is factually incorrect.
The ETIAS National Unit or Central Unit must check the information and, if it is found to be inaccurate, rectify it or delete it from the ETIAS Central System.
On the contrary, if after verification, the data is not found to be incorrect, the units should explain to the applicant in writing the decision not to amend or erase it.
