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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  49

CELEX:  02018R1240-20210803

Access to data by immigration authorities Access to the ETIAS Central System under paragraph 1 of this Article shall be allowed only where the following conditions are met: a prior search has been conducted in the EES under Article 26 of Regulation (EU) 2017/2226; and the search result indicates that the EES does not contain an entry record corresponding to the presence of the third-country national on the territory of Member States. Where necessary, fulfilment of the conditions referred to in points (a) and (b) of the first subparagraph of this paragraph shall be verified by accessing the logs in the EES provided for under Article 46 of Regulation (EU) 2017/2226 which correspond to the search referred to in point (a) of the first subparagraph of this paragraph and to the answer referred to in point (b) of that subparagraph. In the case of minors, the immigration authorities shall also have access to the information relating to the traveller’s parental authority or legal guardian referred to in point (k) of Article 17(2).