Consultation of Europol

1.   Where Europol is identified as having supplied the data having triggered a hit in accordance with Article 20(8) of this Regulation, the ETIAS Central Unit shall notify it, thereby launching a consultation process between Europol and the ETIAS National Unit of the Member State responsible. Such consultation shall take place in accordance with Regulation (EU) 2016/794 and in particular its Chapter IV.
2.   Where Europol is consulted, the ETIAS Central Unit shall transmit to Europol the relevant data of the application file and of the hits which are necessary for the purpose of the consultation.
3.   In any case, Europol shall not have access to the personal data concerning the education of the applicant referred to in point (h) of Article 17(2).
4.   Where consulted in accordance with paragraph 1, Europol shall provide a reasoned opinion on the application. Europol’s opinion shall be made available to the ETIAS National Unit of the Member State responsible which shall record it in the application file.
5.   The ETIAS National Unit of the Member State responsible may consult Europol following the reply of an applicant to a request for additional information. In such cases, the ETIAS National Unit shall transmit to Europol the relevant additional information or documentation provided by the applicant relating to the request for a travel authorisation on which Europol is being consulted.
6.   Europol shall reply within 60 hours of the notification of the consultation. The failure by Europol to reply within the deadline shall be considered to be a positive opinion on the application.
7.   During the consultation process, the consultation request and the replies thereto shall be transmitted through the software referred to in point (m) of Article 6(2) and shall be made available to the ETIAS National Unit of the Member State responsible.
8.   Where Europol provides a negative opinion on the application and the ETIAS National Unit of the Member State responsible decides to issue the travel authorisation, it shall justify its decision and shall record the justification in the application file.
9.   Where necessary in cases of technical problems or unforeseen circumstances, the ETIAS Central Unit shall determine the Member State responsible and facilitate the consultations between the Member State responsible and Europol referred to in this Article.