Regulation (EU) 2018/1240 of the European Parliament and of the CouncilShow full title

Article 3 U.K. Definitions

1. For the purposes of this Regulation, the following definitions apply:

(1)

‘external borders’ means the external borders as defined in point 2 of Article 2 of Regulation (EU) 2016/399;

(2)

‘law enforcement’ means the prevention, detection or investigation of terrorist offences or other serious criminal offences;

(3)

‘second line check’ means a second line check as defined in point 13 of Article 2 of Regulation (EU) 2016/399;

(4)

‘border authority’ means the border guard assigned in accordance with national law to carry out border checks as defined in point 11 of Article 2 of Regulation (EU) 2016/399;

(5)

‘travel authorisation’ means a decision issued in accordance with this Regulation which is required for third-country nationals referred to in Article 2(1) of this Regulation to fulfil the entry condition laid down in point (b) of Article 6(1) of Regulation (EU) 2016/399 and which indicates:

(a)

that no factual indications or reasonable grounds based on factual indications have been identified to consider that the presence of the person on the territory of the Member States poses or will pose a security, illegal immigration or high epidemic risk;

(b)

that no factual indications or reasonable grounds based on factual indications have been identified to consider that the presence of the person on the territory of the Member States poses or will pose a security, illegal immigration or high epidemic risk, although doubt remains concerning the existence of sufficient reasons to refuse the travel authorisation, in accordance with Article 36(2);

(c)

where factual indications have been identified to consider that the presence of the person on the territory of the Member States poses or will pose a security, illegal immigration or high epidemic risk, that the territorial validity of the authorisation has been limited in accordance with Article 44; or

(d)

where factual indications have been identified to consider that the presence of the person on the territory of the Member States poses or will pose a security risk, that the traveller is the subject of an alert in SIS on persons for discreet checks or specific checks or of an alert in SIS on persons wanted for arrest for surrender purposes on the basis of an European Arrest Warrant or wanted for arrest for extradition purposes, in support of the objectives of SIS referred to in point (e) of Article 4;

(6)

‘security risk’ means the risk of a threat to public policy, internal security or international relations for any of the Member States;

(7)

‘illegal immigration risk’ means the risk of a third-country national not fulfilling the conditions of entry and stay as set out in Article 6 of Regulation (EU) 2016/399;

(8)

‘high epidemic risk’ means any disease with epidemic potential as defined by the International Health Regulations of the World Health Organization (WHO) or the European Centre for Disease Prevention and Control (ECDC) and other infectious diseases or contagious parasitic diseases if they are the subject of protection provisions applying to nationals of the Member States;

(9)

‘applicant’ means any third-country national referred to in Article 2 who has submitted an application for a travel authorisation;

(10)

‘travel document’ means a passport or other equivalent document entitling the holder to cross the external borders and to which a visa may be affixed;

(11)

‘short stay’ means stays in the territory of the Member States within the meaning of Article 6(1) of Regulation (EU) 2016/399;

(12)

‘overstayer’ means a third-country national who does not fulfil, or no longer fulfils the conditions relating to the duration of a short stay on the territory of the Member States;

(13)

‘app for mobile devices’ means a software application designed to run on mobile devices such as smartphones and tablet computers;

(14)

‘hit’ means the existence of a correspondence established by comparing the personal data recorded in an application file of the ETIAS Central System with the specific risk indicators referred to in Article 33 or with the personal data present in a record, file or alert registered in the ETIAS Central System, in another EU information system or database listed in Article 20(2) (‘EU information systems’), in Europol data or in an Interpol database queried by the ETIAS Central System;

(15)

‘terrorist offence’ means an offence which corresponds or is equivalent to one of the offences referred to in Directive (EU) 2017/541;

(16)

‘serious criminal offence’ means an offence which corresponds or is equivalent to one of the offences referred to in Article 2(2) of Framework Decision 2002/584/JHA, if it is punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years;

(17)

‘Europol data’ means personal data processed by Europol for the purpose referred to in point (a) of Article 18(2) of Regulation (EU) 2016/794;

(18)

‘electronically signed’ means the confirmation of agreement through the ticking of an appropriate box in the application form or the request for consent;

(19)

‘minor’ means a third-country national or a stateless person below the age of 18 years;

(20)

‘consulate’ means a Member State’s diplomatic mission or a Member State’s consular post as defined by the Vienna Convention on Consular Relations of 24 April 1963;

(21)

‘designated authority’ means an authority designated by a Member State pursuant to Article 50 as responsible for the prevention, detection or investigation of terrorist offences or of other serious criminal offences;

(22)

‘immigration authority’ means the competent authority responsible, in accordance with national law, for one or more of the following:

(a)

checking within the territory of the Member States whether the conditions for entry to, or stay on, the territory of the Member States are fulfilled;

(b)

examining the conditions for, and taking decisions related to, the residence of third-country nationals on the territory of the Member States insofar as that authority does not constitute a ‘determining authority’ as defined in point (f) of Article 2 of Directive 2013/32/EU of the European Parliament and of the Council(1), and, where relevant, providing advice in accordance with Council Regulation (EC) No 377/2004(2);

(c)

the return of third-country nationals to a third country of origin or transit[F1 ;]

(23)

[F2 ‘ CIR ’ means the common identity repository established by Article 17(1) of Regulation (EU) 2019/817;

(24)

‘ ESP ’ means the European search portal established by Article 6(1) of Regulation (EU) 2019/817;

(25)

‘ ETIAS Central System ’ means the Central System referred to in point (a) of Article 6(2) together with the CIR to the extent that the CIR contains the data referred to in Article 6(2a);

(26)

‘ identity data ’ means the data referred to in points (a), (b) and (c) of Article 17(2);

(27)

‘ travel document data ’ means the data referred to in points (d) and (e) of Article 17(2) and the three letter code of the country issuing the travel document as referred to in point (c) of Article 19(3).]

2. The terms defined in Article 2 of Regulation (EC) No 45/2001 shall have the same meaning in this Regulation insofar as personal data are processed by the European Border and Coast Guard Agency and eu-LISA.

3. The terms defined in Article 4 of Regulation (EU) 2016/679 shall have the same meaning in this Regulation insofar as personal data are processed by the authorities of Member States for the purposes laid down in points (a) to (e) of Article 4 of this Regulation.

4. The terms defined in Article 3 of Directive (EU) 2016/680 shall have the same meaning in this Regulation insofar as personal data are processed by the authorities of the Member States for the purposes laid down in point (f) of Article 4 of this Regulation.

Textual Amendments

F1 Substituted by Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA.

F2 Inserted by Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA.

(1)

Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60).

(2)

Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network (OJ L 64, 2.3.2004, p. 1).