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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 article 26 CELEX: 02018R1240-20210803 Manual processing of applications by the ETIAS National Units
Following the manual processing of the application, the ETIAS National Unit of the Member State responsible shall:
issue a travel authorisation; or
refuse a travel authorisation.
Where the automated processing laid down in Article 20(2) has reported a hit, the ETIAS National Unit of the Member State responsible shall:
refuse a travel authorisation where the hit corresponds to one or several of the verifications referred to in points (a) and (c) of Article 20(2);
assess the security or illegal immigration risk and decide whether to issue or refuse a travel authorisation where the hit corresponds to any of the verifications referred to in points (b) and (d) to (o) of Article 20(2).
Where the automated processing under point (o) of Article 20(2) has reported a hit, the ETIAS National Unit of the Member State responsible shall:
refuse the applicant’s travel authorisation where the verification under the third subparagraph of Article 23(2) led to the deletion of the alert on return and the entry of an alert for refusal of entry and stay; |
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 article 26 CELEX: 02018R1240-20210803 assess the security or illegal immigration risk and decide whether to issue or refuse a travel authorisation in all other cases.
The ETIAS National Unit of the Member State having entered the data shall consult its SIRENE Bureau to verify whether the deletion of the alert on return in accordance with Article 14(1) of Regulation (EU) 2018/1860 and, where applicable, the entry of an alert for refusal of entry and stay in accordance with Article 24(3) of Regulation (EU) 2018/1861 is required.
Where the automated processing under point (n) of Article 20(2) has reported a hit, but has not reported a hit under point (c) of that paragraph, the ETIAS National Unit of the Member State responsible shall give particular consideration to the absence of such a hit in its assessment of the security risk in order to decide whether to issue or refuse a travel authorisation.
The results of the assessment of the security, illegal immigration or high epidemic risk and the justification behind the decision to issue or refuse a travel authorisation shall be recorded in the application file by the staff member having performed the risk assessment. |