1. eu-LISA shall ensure that procedures are in place to monitor the development of the ETIAS Information System in light of objectives relating to planning and costs and to monitor the functioning of ETIAS in light of objectives relating to the technical output, cost-effectiveness, security and quality of service.
2. By 10 April 2019 and every six months thereafter during the development phase of the ETIAS Information System, eu-LISA shall submit a report to the European Parliament and to the Council on the state of play of the development of the ETIAS Central System, the NUIs and the communication infrastructure between the ETIAS Central System and the NUIs. That report shall contain detailed information about the costs incurred and information as to any risks which may impact the overall costs of the system to be borne by the general budget of the Union in accordance with Article 85.
By 10 April 2019 and every six months thereafter during the development phase of the ETIAS Information System, Europol and the European Border and Coast Guard Agency shall submit a report to the European Parliament and to the Council on the state of preparation for the implementation of this Regulation including detailed information about the costs incurred and information as to any risks which may impact the overall costs of the system to be borne by the general budget of the Union in accordance with Article 85.
Once the development is finalised, eu-LISA shall submit a report to the European Parliament and to the Council explaining in detail how the objectives, in particular relating to planning and costs, were achieved as well as justifying any divergences.
3. For the purposes of technical maintenance, eu-LISA shall have access to the necessary information relating to the data processing operations performed in the ETIAS Information System.
4. Two years after the start of operations of ETIAS and every two years thereafter, eu-LISA shall submit to the European Parliament, to the Council and to the Commission a report on the technical functioning of ETIAS Information System, including the security thereof, and statistical data concerning the ETIAS watchlist in accordance with the review procedure referred to in Article 35(5) and (6).
5.
Three years after the start of operations of ETIAS and every four years thereafter, the Commission shall evaluate ETIAS and shall make any necessary recommendations to the European Parliament and to the Council. That evaluation shall include:
(a)
the querying of Interpol SLTD and TDAWN databases through ETIAS, including information on the number of hits against those Interpol databases, the number of travel authorisations refused following such hits and information on any problems encountered, as well as, if appropriate, an assessment of the need for a legislative proposal amending this Regulation;
(b)
the results achieved by ETIAS having regard to its objectives, mandate and tasks;
(c)
the impact, effectiveness and efficiency of ETIAS’ performance and its working practices in light of its objectives, mandate and tasks;
(d)
an assessment of the security of ETIAS;
(e)
the ETIAS screening rules used for the purpose of risk assessment;
(f)
the impact of the ETIAS watchlist including the number of travel authorisation applications which were refused for reasons that took into account a positive hit against the ETIAS watchlist;
(g)
the possible need to modify the mandate of the ETIAS Central Unit and the financial implications of any such modification;
(h)
the impact on fundamental rights;
(i)
the impact on diplomatic relations between the Union and the third countries involved;
(j)
the revenue generated through the travel authorisation fee, the costs incurred in connection with the development of ETIAS, the costs for the operation of ETIAS, the costs incurred by eu-LISA, Europol and the European Border and Coast Guard Agency in relation to their tasks pursuant to this Regulation, as well as any revenue allocated in accordance with Article 86;
(k)
the use of ETIAS for law enforcement purposes on the basis of the information referred to in paragraph 8 of this Article;
(l)
the number of applicants being invited for an interview and the percentage it represents of the total number of applicants, the reasons for requesting an interview, the number of remote interviews, the number of decisions where the travel authorisation has been granted, has been granted with a flag or has been refused, and the number of applicants invited to an interview who did not attend it, and if appropriate, an assessment of the need for a legislative proposal amending this Regulation.
The Commission shall transmit the evaluation report to the European Parliament, the Council, the European Data Protection Supervisor and the European Agency for Fundamental Rights.
5a. One year after the end of the transition period referred to in Article 83(1), and every four years thereafter, the Commission shall evaluate the querying of ECRIS-TCN through the ETIAS Central System. The Commission shall transmit those evaluations, together with the opinion of the ETIAS Fundamental Rights Guidance Board and any necessary recommendations, to the European Parliament and to the Council.
In order to assess the extent to which the querying of ECRIS-TCN through the ETIAS Central System has contributed to the achievement of the objective of ETIAS, the evaluations referred to in the first subparagraph shall include the following:
(a)
a comparison of the number of simultaneous hits, for the same application, in ECRIS-TCN relating to convictions for terrorist offences as listed in the Annex to this Regulation and in SIS relating to alerts for refusal of entry and stay;
(b)
a comparison of the number of simultaneous hits, for the same application, in ECRIS-TCN relating to any other criminal offences as listed in the Annex to this Regulation and in SIS relating to alerts for refusal of entry and stay;
(c)
for applications where the only hit is in ECRIS-TCN, a comparison of the number of refusals of travel authorisations with the total number of hits reported by the query of ECRIS-TCN.
The ETIAS Fundamental Rights Guidance Board shall provide opinions as regards the evaluations referred to in this paragraph.
The evaluations may be accompanied, where necessary, by legislative proposals.
6. The Member States and Europol shall provide eu-LISA, the ETIAS Central Unit and the Commission with the information necessary to draft the reports referred to in paragraphs 4 and 5. This information shall not jeopardise working methods or include information that reveals sources, staff members or investigations of the designated authorities.
7. eu-LISA and the ETIAS Central Unit shall provide the Commission with the information necessary to produce the evaluations referred to in paragraph 5.
8.
While respecting the provisions of national law on the publication of sensitive information, each Member State and Europol shall prepare annual reports on the effectiveness of access to data stored in the ETIAS Central System for law enforcement purposes containing information and statistics on:
(a)
the exact purpose of the consultation including the type of terrorist offence or other serious criminal offence;
(b)
reasonable grounds given for the substantiated suspicion that the suspect, perpetrator or victim is covered by this Regulation;
(c)
the number of requests for access to the ETIAS Central System for law enforcement purposes;
(d)
the number and type of cases which have resulted in hits;
(e)
the number and type of cases in which the urgency procedure referred to in Article 51(4) was used, including those cases where that urgency was not accepted by the ex post verification carried out by the central access point.
A technical solution shall be made available to Member States in order to facilitate the collection of those data pursuant to Chapter X for the purpose of generating statistics referred to in this paragraph. The Commission shall, by means of implementing acts, adopt the specifications of the technical solution. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 90(2).