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ETIAS 2 Regulation

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Article 1: Amendments to Regulation (EU) 2016/794

Regulation 2016/794 is amended as follows:
1
Article 4(1) is amended as follows:
a
the following points are added: ( *1 ) ETIAS of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations IT, Regulation 2014/515, SBC, EBCGR and Regulation 2017/2226 ( OJ L 236, 19.9.2018, p. 1 ).’;"
‘n
manage the ETIAS watchlist in accordance with Articles 34 and 35 of ETIAS ( *1 ) ;
o
enter data into the ETIAS watchlist related to terrorist offences or other serious criminal offences obtained by Europol, without prejudice to the conditions regulating Europol’s international cooperation;
p
provide an opinion following a consultation request referred to in Article 29 of ETIAS.
b
the following subparagraph is added: ‘For the purpose of carrying out the task referred to in point (n) of the first subparagraph of this paragraph, Europol’s Management Board shall, after consulting the EDPS, adopt the procedures referred to in Article 35 of ETIAS’.
2
Article 21 is amended as follows:
a
the title is replaced by the following:
b
the following paragraph is inserted:

Article 2: Entry into force and applicability

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . Official Journal of the European Union
This Regulation shall apply from the date determined by the Commission in accordance with Article 88 of ETIAS.

Recitals

Recital 1

ETIAS ( 2 ) allocates new tasks to the European Union Agency for Law Enforcement Cooperation (Europol) such as the management of the ETIAS watchlist, the entry of data related to terrorist offences or other serious criminal offences into that watchlist and the provision of opinions following consultation requests by the ETIAS National Units. To implement those tasks, it is therefore necessary to amend Regulation 2016/794 ( 3 ) accordingly.

Recital 2

In accordance with Articles 1 and 2 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union (TEU) and to the Treaty on the Functioning of the European Union (TFEU), and without prejudice to Article 4 of that Protocol, the United Kingdom is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

Recital 3

In accordance with Articles 1 and 2 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the TEU and to the TFEU, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

Recital 4

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application,

Footnote p0: This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.