ETIAS National Units’ Role in EU Countries

Each Member State’s ETIAS National Unit is a major component of the ETIAS visa waiver system. What do we know so far about the units, and what role will they play in increasing safety and security throughout European Schengen countries?

Each Member State is required by the ETIAS rule to create an ETIAS National Unit. Finally, this unit will be in charge of determining whether an individual may enter 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.

As the ETIAS launch date approaches, Member States will begin to build their National Units. The ETIAS rule requires each nation to furnish its National Unit with the resources necessary to carry out their obligations successfully.

To improve collaboration, it is necessary that all EU nations’ ETIAS National Units communicate in the same language.

WHAT IS THE ETIAS NATIONAL UNIT RESPONSIBLE FOR?

When the new ETIAS visa waiver system goes live, the ETIAS National Unit will play a critical role in keeping Europe secure.

Article 8 of the ETIAS rule clearly defines the obligations of each Member State’s National Unit, as stated below.

MAKING THE FINAL DECISION ON ETIAS APPLICATIONS

The ETIAS National Unit’s most significant job is to analyse and make a final judgement on whether or not to give access when there has been a hit in the automated system.

When a traveller files an ETIAS request, their data is immediately cross-checked against numerous international security databases, including Interpol, the Schengen Information System (SIS), and Europol.

In the vast majority of situations, nothing will be raised, and the ETIAS will be issued right away.

There will be a hit in the system in around 5% of cases (total applications), and the application will be submitted to the ETIAS Central Unit, which will validate the information.

Following data verification, it is expected that 3-4% of the first hits will obtain a favourable decision. The remaining 1-2% will be directed to the ETIAS National Unit, which will determine if the individual constitutes a risk to the public and, thus, whether they can be granted travel authorization securely.

Additional information may be requested in some circumstances. The ETIAS National Unit will contact the applicant through email to request more information. The ETIAS National Unit will only interview an individual under rare situations.

WHICH MEMBER STATE IS RESPONSIBLE FOR MANUALLY PROCESSING APPLICATIONS?

The Member State responsible for manually analysing an ETIAS request is the one that entered the data that resulted in a hit in the system.

This country’s ETIAS National Unit handles the manual processing of third-country citizens’ data.

ISSUING ETIAS VALID FOR A LIMITED NUMBER OF EU COUNTRIES

If necessary, the ETIAS National Unit may issue a travel authorization with restricted geographical validity. This may be essential for humanitarian reasons, national interests, or to comply with international responsibilities.

In most situations, travel will be restricted to the Member State that issued the ETIAS. However, in some situations, it will encompass a number of Member States. In certain cases, the ETIAS National Unit will liaise with the Member States to which the travel authorization extends.

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 rejected, it is the responsibility of the ETIAS National Unit to revoke a travel authorization if it is discovered that the requirements were not satisfied when it was given. When airlines transmit a passenger’s ETIAS information to the Entry-Exit System, this may be detected (EES).

The ETIAS National Unit will offer individuals with information on their right to appeal.

Similarly, if circumstances change and the requirements for obtaining the permission are no longer satisfied, the ETIAS National Unit may cancel the travel authorization.

As an example, suppose a new alert is submitted into the SIS for a lost or stolen passport. The ETIAS system will determine if the new alert corresponds to an existing travel authorization. If this occurs, the corresponding ETIAS permission will be cancelled and travel will be prohibited.

REPRESENTATION ON THE ETIAS SCREENING BOARD

A person from each country’s ETIAS National Unit, as well as a member of the European Border and Coast Guard Agency (Frontex) and Europol, will serve on the ETIAS Screening Board.

The ETIAS Screening Board will serve as a consultative body on a variety of topics, including the execution of the ETIAS watchlist.

ETIAS NATIONAL UNITS AND PERSONAL DATA

ETIAS National Units, along with the ETIAS Central Unit and eu-LISA, are responsible for ensuring that travellers’ data is processed securely and in conformity with European regulations.

The safeguarding of ETIAS applicants’ data is a top concern for European authorities, hence the ETIAS Information System is only accessible to authorised persons from the ETIAS Central Unit and ETIAS National Units.

To avoid security breaches, the ETIAS National Unit must keep track of who is authorised to access or retrieve data from the system. These documents, along with the logs stored by eu-LISA, will ensure that no unauthorised individuals gain 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 in charge of their application if they feel the information recorded on them is inaccurate.

If the information is determined to be incorrect, the ETIAS National Unit or Central Unit must correct it or delete it from the ETIAS Central System.

On the other hand, if the data is not determined to be wrong following verification, the units must inform the applicant in writing of their choice not to change or delete it.