report parliamentary committee draft, 2 April 2025
On the proposal for a regulation of the European Parliament and of the Council establishing an application for the electronic submission of travel data (“EU Digital Travel application”) and amending Regulations (EU) 2016/399 and (EU) 2018/1726 of the European Parliament and of the Council and Council Regulation (EC) No 2252/2004, as regards the use of digital travel credentials
Document LIBE-PR-770059 · (COM(2024)0670 – C100124/2024 – 2024/0670(COD))
Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Juan Fernando López Aguilar
Full text
Jump to an amendment (49)
- Amendment 1
- Amendment 2
- Amendment 3
- Amendment 4
- Amendment 5
- Amendment 6
- Amendment 7
- Amendment 8
- Amendment 9
- Amendment 10
- Amendment 11
- Amendment 12
- Amendment 13
- Amendment 14
- Amendment 15
- Amendment 16
- Amendment 17
- Amendment 18
- Amendment 19
- Amendment 20
- Amendment 21
- Amendment 22
- Amendment 23
- Amendment 24
- Amendment 25
- Amendment 26
- Amendment 27
- Amendment 28
- Amendment 29
- Amendment 30
- Amendment 31
- Amendment 32
- Amendment 33
- Amendment 34
- Amendment 35
- Amendment 36
- Amendment 37
- Amendment 38
- Amendment 39
- Amendment 40
- Amendment 41
- Amendment 42
- Amendment 43
- Amendment 44
- Amendment 45
- Amendment 46
- Amendment 47
- Amendment 48
- Amendment 49
Draft european parliament legislative resolution 261 paragraphs
(COM(2024)0670 – C100124/2024 – 2024/0670(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
–having regard to the Commission proposal to Parliament and the Council (COM(2024)0670),
–having regard to Article 294(2) and Article 77(2)(b) and (d), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C100124/2024),
–having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
–having regard to Rule 60 of its Rules of Procedure,
–having regard to the opinion of the Committee on Transport and Tourism,
–having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A100000/2025),
1.Adopts its position at first reading hereinafter set out;
2.Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3.Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Read the rest (249 paragraphs)
Amendment 1
Proposal for a regulation
Recital 1
| Text proposed by the Commission | Amendment |
|---|---|
| (1) The carrying out of effective and efficient border checks at the external borders contributes to the proper functioning of the area without internal border controls (‘the Schengen area’) and the internal security of the Union. The inclusion in travel documents issued by Member States of a storage medium (chip), with a facial image of the holder, by Council Regulation (EC) 2252/20041 and Regulation (EU) 2019/11572 , and the entry into force of Regulation (EC) No 562/2006 of the European Parliament and of the Council3 have significantly contributed to high security standards and robust external border management. Border checks carried out in accordance with Regulation (EU) 2016/399 of the European Parliament and of the Council4 , serve the purposes of reliably identifying travellers, preventing threats to the internal security, public policy, public health and international relations of Member States as well as combatting irregular migration while respecting fundamental rights. | (1) The carrying out of effective and efficient border checks at the external borders contributes to the proper functioning of the area without internal border controls (‘the Schengen area’) and the internal security of the Union. The inclusion in travel documents issued by Member States of a storage medium ('chip'), with a facial image of the holder, by Council Regulation (EC) 2252/20041 and Regulation (EU) 2019/11572 , and the entry into force of Regulation (EC) No 562/2006 of the European Parliament and of the Council3 have significantly contributed to high security standards and robust external border management. Border checks carried out in accordance with Regulation (EU) 2016/399 of the European Parliament and of the Council4 , serve the purposes of reliably identifying travellers, preventing threats to the internal security, public policy, public health and international relations of Member States. |
| 1 Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (OJ L 385, 29.12.2004, p. 1). | 1 Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (OJ L 385, 29.12.2004, p. 1). |
| 2 Regulation (EU) 2019/1157 of the European Parliament and of the Council of 20 June 2019 on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement (OJ L 188, 12.7.2019, p. 67, ELI: http://data.europa.eu/eli/reg/2019/1157/oj). | 2 Regulation (EU) 2019/1157 of the European Parliament and of the Council of 20 June 2019 on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement (OJ L 188, 12.7.2019, p. 67, ELI: http://data.europa.eu/eli/reg/2019/1157/oj). |
| 3 Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1). | 3 Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1). |
| 4 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1). | 4 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1). |
Or. en
Amendment 2
Proposal for a regulation
Recital 2
| Text proposed by the Commission | Amendment |
|---|---|
| (2) With the current reliance on physical travel documents and physical interactions for the examination of travel documents and the carrying out of border checks, Member States’ border authorities are unable to remotely verify the authenticity and integrity of travel documents and to carry out the relevant checks against databases before travellers arrive at the physical border crossing point, with the exception of air passengers for whom advance passenger information has been transmitted and processed. In light of increasing traveller flows across the external borders of the Schengen area as well as the entry into operation of the Entry/Exit System established by Regulation (EU) 2017/2226 of the European Parliament and of the Council5 that will require third-country nationals to whom it applies to provide additional data as part of border checks, it is essential to enable border authorities to use secure technical solutions to carry out relevant checks before travellers arrive at the border-crossing points. | (2) With the current reliance on physical travel documents and physical interactions for the examination of travel documents and the carrying out of border checks, Member States’ border authorities are unable to remotely verify the authenticity and integrity of travel documents and to carry out the relevant checks against databases before travellers arrive at the physical border crossing point, with the exception of air passengers for whom advance passenger information has been transmitted and processed. In light of increasing traveller flows across the external borders of the Schengen area as well as the entry into operation of the Entry/Exit System established by Regulation (EU) 2017/2226 of the European Parliament and of the Council5 that will require third-country nationals to whom it applies to provide additional data as part of border checks, this Regulation provides the possibility for border authorities to use secure technical solutions to carry out relevant checks before travellers arrive at the border-crossing points. |
| 5 Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20, ELI…) | 5 Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20, ELI…) |
Or. en
Amendment 3
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
|---|---|
| (3) The existing legal framework on travel documents and border checks, consisting notably of Regulations (EC) No 2252/2004, (EU) XXXX/XXXX6 [COM(2024) 316 final] and (EU) 2016/399, does not allow for the use of data contained in the storage medium of travel documents for the purpose of carrying out such advance border checks and pre-clearing travellers or using that data for other purposes. Following recent developments at international level, namely in the context of standardisation work carried out by the International Civil Aviation Organization (ICAO), and on the capabilities and reliability of facial recognition, that technology is available and responds to the calls for facilitating cross-border travel while ensuring high levels of security in full respect of fundamental rights, including the right to privacy and the protection of personal data. | (3) The existing legal framework on travel documents and border checks, consisting notably of Regulations (EC) No 2252/2004, (EU) XXXX/XXXX6 [COM(2024) 316 final] and (EU) 2016/399, does not allow for the use of data contained in the chip of travel documents for the purpose of carrying out such advance border checks and pre-clearing travellers or using that data for other purposes. Following recent developments at international level, namely in the context of standardisation work carried out by the International Civil Aviation Organization (ICAO), and on the capabilities and reliability of facial recognition, that technology is available and responds to the calls for facilitating cross-border travel while ensuring high levels of security in full respect of fundamental rights, including the right to privacy and the protection of personal data. |
| 6 Council Regulation (EU) XXXX/XXXX of XXX on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement (OJ LXX, XXX, p. X, ELI XXX) | 6 Council Regulation (EU) XXXX/XXXX of XXX on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement (OJ LXX, XXX, p. X, ELI XXX) |
Or. en
Amendment 4
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
|---|---|
| (4) Therefore, the existing legal framework should be updated to ensure that both travellers and border authorities can benefit from more efficient and effective border checks using so-called digital travel credentials, that is, a digital representation of the person’s identity that is derived from the information stored in the storage medium (chip) of the travel document (i.e. passport or EU identity card) and that can be validated, leading ultimately to shorter waiting and processing times at border-crossing points and improving the authorities’ ability to pre-screen travellers, plan and manage resources and focus on higher risk travellers. | (4) Therefore, the existing legal framework should be updated to ensure that both travellers and border authorities can benefit from more efficient and effective border checks using so-called digital travel credentials, that is, a digital representation of the person’s identity that is derived from the information stored in the chip of the travel document (i.e. passport or EU identity card) and that can be validated, leading ultimately to shorter waiting and processing times at border-crossing points and improving the authorities’ ability to pre-screen travellers, plan and manage resources and focus on higher risk travellers. |
Or. en
Amendment 5
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
|---|---|
| (5) In order to achieve its objectives, this Regulation should cover persons enjoying the right of free movement under Union law as well as third-country nationals. | (5) In order to achieve its objectives, this Regulation should cover persons over the age of 18 enjoying the right of free movement under Union law as well as third-country nationals. |
Or. en
Amendment 6
Proposal for a regulation
Recital 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (5a) Children merit specific protection with regard to their personal data, as they may be less aware of the risks, consequences and safeguards concerned and their rights in relation to the processing of personal data. Furthermore, facial recognition technology may not be able to reliably match the facial image of a growing child with the image stored on the chip. |
Or. en
Amendment 7
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
|---|---|
| (6) In the interest of achieving a uniform approach at Union level and maximising gains in travel facilitation and economies of scale, a common technical solution for the submission of electronic travel data should be established, as opposed to each Member State developing their own. This application for the electronic submission of travel data (‘the EU Digital Travel application’) should consist of a user-friendly mobile application, a backend validation service that can verify the authenticity and integrity of travel documents and match the facial image of the user to the image stored on the travel document’s chip and a technical component for the secure communication of travel data from the application to the receiving authority (‘Traveller Router’). In the longer term, the EU Digital Travel application should be developed with new functionalities with a view to establishing a comprehensive one-stop shop application at Union level to support external border management. | (6) In the interest of achieving a uniform approach at Union level and maximising gains in travel facilitation and economies of scale, a common technical solution for the submission of electronic travel data should be established, as opposed to each Member State developing their own. This application for the electronic submission of travel data (‘the EU Digital Travel application’) should consist of a user-friendly mobile application, a backend validation service that can verify the authenticity and integrity of travel documents and match the facial image of the user to the image stored on the travel document’s chip and a technical component for the secure communication of travel data from the application to the receiving authority (‘Traveller Router’). In the longer term, the EU Digital Travel application could be developed with new functionalities with a view to establishing a comprehensive one-stop shop application at Union level to increase ease of travel for the travellers and to support external border management. |
Or. en
Amendment 8
Proposal for a regulation
Recital 7
| Text proposed by the Commission | Amendment |
|---|---|
| (7) The EU Digital Travel application should allow travellers to create a digital travel credential for single or multiple use and to retrieve of an already created digital travel credential. For reasons of security and for combatting identity fraud, the EU Digital Travel application backend validation service should be able to verify, before the creation of the digital travel credential, the authenticity and integrity of the travel document and verify that the user is the legitimate holder of the travel document by comparing the facial image stored on the chip of the travel document to the user’s live facial image. Digital travel credentials to be used several times should be able to be stored in the user’s European Digital Identity Wallet that complies with Regulation (EU) No 910/2014 of the European Parliament and of the Council7 . Persons not having a European Digital Identity Wallet established by that Regulation should be able to store the digital travel credential locally in the mobile application. | (7) The EU Digital Travel application should allow travellers to create a digital travel credential for single or multiple use and to retrieve of an already created digital travel credential. For reasons of security and for combatting identity fraud, the EU Digital Travel application backend validation service should be able to verify, before the creation of the digital travel credential, the authenticity and integrity of the travel document and verify that the user is the legitimate holder of the travel document by comparing the facial image stored on the chip of the travel document to the user’s live facial image. Digital travel credentials to be used several times should be able to be stored in the user’s European Digital Identity Wallet in accordance with Regulation (EU) No 910/2014 of the European Parliament and of the Council7 . Persons not having a European Digital Identity Wallet established by that Regulation should be able to store the digital travel credential locally in the mobile application. |
| 7 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73). | 7 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73). |
Or. en
Amendment 9
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
|---|---|
| (8) In order to support the carrying out of advance border checks on persons enjoying the right of free movement under Union law when these apply to them and the pre-clearance of third-country nationals, travellers using digital travel credentials should also declare certain relevant travel data, such as the intended time of crossing the border and the Member State in which the external border is crossed. Such data should be limited to what is necessary for the purpose of carrying out the border check, including for the purposes of supporting the verification of the fulfilment of entry conditions. | (8) In order to support the carrying out of advance border checks on persons enjoying the right of free movement under Union law when these apply to them and the pre-clearance of third-country nationals, travellers using digital travel credentials should also declare, through the EU Digital Travel application, certain relevant travel data, such as the intended time of crossing the border and the Member State in which the external border is crossed. Such data should be strictly limited to what is necessary for the purpose of carrying out the border check, including for the purposes of supporting the verification of the fulfilment of entry conditions in accordance with Regulation (EU) 2016/399. |
Or. en
Amendment 10
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
|---|---|
| (9) The Traveller Router should transmit the travel data submitted by the traveller to the border authorities for the advance border check and pre-clearance. Consequently, Member States should be obliged to designate the border authorities authorised to receive such data. | (9) The Traveller Router should transmit the travel data submitted by the traveller to the competent border authorities for the advance border check and pre-clearance. Consequently, Member States should be obliged to designate a Single Point of Contact for the border authorities authorised to receive such data. |
Or. en
Amendment 11
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
|---|---|
| (10) The creation, submission and use of digital travel credentials for the purpose of carrying out border checks impacts the right to privacy and the protection of personal data. In order to fully respect the fundamental rights of travellers, adequate limits and safeguards should be in place. Any data that is submitted by travellers to border authorities ahead of travel, and in particular personal data, should be limited to what is necessary and proportionate to the objectives of increasing security, facilitating travel and ensuring the well-functioning of the Schengen area pursued by this Regulation. It should be guaranteed that the processing of data under this Regulation does not lead to any form of discrimination. No personal data should be stored at EU level beyond the stage that is necessary for its submission to the border authority. | (10) The creation, submission and use of digital travel credentials for the purpose of carrying out border checks impacts the right to privacy and the protection of personal data. In order to fully respect the fundamental rights of travellers, adequate limits and safeguards should be in place. Any data that is submitted by travellers to border authorities ahead of travel, and in particular personal data, should be strictly limited to what is necessary and proportionate to the objectives of increasing security, facilitating travel and ensuring the well-functioning of the Schengen area pursued by this Regulation. It should be guaranteed that the processing of data under this Regulation does not lead to any form of discrimination. No personal data should be stored at EU level beyond the stage that is necessary for its submission to the border authority. |
Or. en
Amendment 12
Proposal for a regulation
Recital 10 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (10a) The competent border authorities should delete the travel data transmitted in accordance with this Regulation, in an automated manner, from the database of the border crossing point immediately after the traveller has crossed the external border. Where the traveller, who has submitted travel data in accordance with this Regulation, does not cross the external border, the competent border authorities should delete, in an automated manner, the travel data transmitted 12 hours after the intended date and time of arrival or departure. |
Or. en
Amendment 13
Proposal for a regulation
Recital 13
| Text proposed by the Commission | Amendment |
|---|---|
| (13) The European Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) established by Regulation (EU) 2018/1726 of the European Parliament and of the Council10 should be responsible for the development and maintenance of the EU Digital Travel application. Consequently, eu-LISA should put in place the necessary measures for the operational management of the EU Digital Travel application, including for the development, monitoring and reporting of the system. Before the start of operation of the EU Digital Travel application, a test should be carried out in accordance with the technical specifications by eu-LISA in cooperation with the relevant authorities. eu-LISA should also collect statistics on the use of the EU Digital Travel application. | (13) The European Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) established by Regulation (EU) 2018/1726 of the European Parliament and of the Council10 should be responsible for the development and maintenance of the EU Digital Travel application. Consequently, eu-LISA should put in place the necessary measures for the operational management of the EU Digital Travel application, including for the development, monitoring and reporting of the system. Before the start of operation of the EU Digital Travel application, a test should be carried out in accordance with the technical specifications by eu-LISA in cooperation with the relevant authorities. eu-LISA should also collect statistics on the use of the EU Digital Travel application for the sole purpose of evaluating the effectiveness of this Regulation. |
| 10 Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99). | 10 Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99). |
Or. en
Amendment 14
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
|---|---|
| (15) In order to increase public awareness of digital travel credentials and to promote the uptake of their use, the Commission should, together with eu-LISA, the European Border and Coast Guard Agency and national border authorities carry out information campaigns on the objectives, use and other important aspects, including on data protection and data security, of the EU Digital Travel application. | (15) In order to increase public awareness of digital travel credentials and to promote the uptake of their use, the Commission should, together with eu-LISA, the European Border and Coast Guard Agency and national border authorities carry out information campaigns on the objectives, use and other important aspects, including on data protection and data security, of the EU Digital Travel application. The information campaigns should also include practical information on the scanning of the chip in the travel document to ensure the correct functioning of the EU Digital Travel application. |
Or. en
Amendment 15
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
|---|---|
| (19) In order to establish the Union standard specification for digital travel credentials based on travel documents, it is necessary to amend Regulation (EC) No 2252/2004. To boost the uptake of digital travel credentials, when applying for or renewing a travel document, applicants should be allowed to request that the competent authority issues, together with the physical document, a corresponding digital travel credential. Holders of valid travel documents should also be able to create a digital travel credential based on their existing physical travel document. The digital travel credentials should also be storable in the European Digital Identity Wallet. | (19) In order to establish the Union standard specification for digital travel credentials based on travel documents, it is necessary to amend Regulation (EC) No 2252/2004. To boost the uptake of digital travel credentials, when applying for or renewing a travel document, applicants should be allowed to request that the competent authority issues, together with the physical document, a corresponding digital travel credential. They should also be able to make that request at any point in time. Holders of valid travel documents should also be able to create a digital travel credential based on their existing physical travel document. The digital travel credentials should also be storable in the European Digital Identity Wallet. |
Or. en
Amendment 16
Proposal for a regulation
Recital 23
| Text proposed by the Commission | Amendment |
|---|---|
| (23) The Commission should, five years after the start of operations of the EU Digital Travel application, carry out an evaluation of that application and its use and prepare a report, including recommendations, to be submitted to the European Parliament, the Council, the European Data Protection Supervisor and the European Union Agency for Fundamental Rights. The evaluation and report should consider how the objectives of this regulation have been met and how, if at all, fundamental rights have been impacted. | (23) The Commission should, two years after the start of operations of the EU Digital Travel application, and every four years thereafter, carry out an evaluation of that application and its use and prepare a report, including recommendations, to be submitted to the European Parliament, the Council, the European Data Protection Supervisor and the European Union Agency for Fundamental Rights. The evaluation and report should consider how the objectives of this regulation have been met and how, if at all, fundamental rights have been impacted. |
Or. en
Amendment 17
Proposal for a regulation
Recital 23 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (23a) In order to amend the minimum age for the use of the EU Digital Travel application, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of granting the use of that application for the creation of digital travel credentials to persons under the age of 18, should the necessary technical requirements and any other relevant conditions be fulfilled, in particular as regards the facial image. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement 13 April 2016 on Better Law-Making1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. | |
| 1a OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj. |
Or. en
Amendment 18
Proposal for a regulation
Recital 25
| Text proposed by the Commission | Amendment |
|---|---|
| (25) This Regulation should not affect the possibility to provide, under Union or national law, for the use of digital travel credentials for other purposes than the carrying out of border checks, provided that such national law complies with Union law. | (25) This Regulation should not affect the possibility to provide, under national law, for the use of digital travel credentials for other purposes than the carrying out of border checks, provided that such national law complies with Union law. |
Or. en
Amendment 19
Proposal for a regulation
Article 1 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the entry of self-declared travel data; | (b) the entry of self-declared travel data, pursuant to Article 5; |
Or. en
Amendment 20
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) ‘border authority’ means the border guard assigned, in accordance with national law, to carry out border checks as defined in Article 2, point (14), of Regulation (EU) 2016/399; |
Or. en
Amendment 21
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) ‘travel data’ means the data to be submitted by the traveller for the purpose of this Regulation as defined in Article 5. |
Or. en
Amendment 22
Proposal for a regulation
Article 2 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) ‘Traveller Router’ means the technical component referred to in Article 5. | (d) ‘Traveller Router’ means the technical component referred to in Article 6 enabling the transmission of the travel data submitted by the traveller to the competent border authority. |
Or. en
Amendment 23
Proposal for a regulation
Article 3 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) a mobile application, enabling the creation of digital travel credentials for single or multiple use and the entry of self-declared travel data; | (a) a mobile application, enabling the creation and submission of the digital travel credentials for single or multiple use, and the entry and submission of the self-declared travel data; |
Or. en
Amendment 24
Proposal for a regulation
Article 3 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) a backend validation service, ensuring the confirmation of the authenticity and integrity of the chip data or the digital travel credential using available certificates and where applicable, the matching of the facial image taken from the user to the travel document or digital travel credential; | (b) a backend validation service, ensuring the confirmation of the authenticity and integrity of the data on the storage medium (the ‘chip’) or the digital travel credential using available certificates and where applicable, the matching of the facial image taken from the user to the travel document or digital travel credential; |
Or. en
Amendment 25
Proposal for a regulation
Article 3 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) a Traveller Router, which shall ensure secure and encrypted communication between the mobile application and the receiving authority. | (c) a Traveller Router, which shall ensure secure and encrypted transmission of travel data, pursuant to Article 5, between the mobile application and the receiving authority. |
Or. en
Amendment 26
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Persons enjoying the right of free movement under Union law who are in possession of any of the following travel documents may use the EU Digital Travel application to create a digital travel credential based on that travel document for single or multiple use: | 1. Persons enjoying the right of free movement under Union law, who are over the age of 18 and in possession of any of the following travel documents, may use the EU Digital Travel application to create a digital travel credential based on that travel document for single or multiple use: |
Or. en
Amendment 27
Proposal for a regulation
Article 4 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Third-country nationals who are in possession of a travel document containing a storage medium may, subject to the availability of valid certificates necessary for the checking of its authenticity, use the EU Digital Travel application to create a digital travel credential for single or multiple use. | 4. Third-country nationals who are in possession of a travel document containing a chip, and technology preventing its cloning, may, subject to the availability of valid certificates necessary for the checking of its authenticity, use the EU Digital Travel application to create a digital travel credential for single or multiple use. |
Or. en
Amendment 28
Proposal for a regulation
Article 4 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Before the creation of a digital travel credential in accordance with paragraphs 1 and 4, the EU Digital Travel application shall verify the integrity and authenticity of the storage medium of the travel document and match the facial image of the person seeking to create the digital travel credential against the facial image stored on the storage medium. | 5. Before the creation of a digital travel credential, in accordance with paragraphs 1 and 4, the EU Digital Travel application shall verify the integrity and authenticity of the chip of the travel document and match the facial image of the person seeking to create the digital travel credential against the facial image stored on the chip. |
Or. en
Amendment 29
Proposal for a regulation
Article 4 – paragraph 6 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 6a. The choice of the traveller not to use the EU Digital Travel application shall not lead to any discrimination against that traveller. |
Or. en
Amendment 30
Proposal for a regulation
Article 4 – paragraph 7 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 7a. The Commission is empowered to adopt delegated acts in accordance with Article 15a in order to amend the minimum age referred to in paragraph 1 of this Article, provided that the necessary technical requirements and any other relevant conditions for granting digital travel credentials to persons under the age of 18, in particular as regards the facial image, are met. |
Or. en
Amendment 31
Proposal for a regulation
Article 5 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) flight identification number, cruise line registration number, ship identification number and vehicle registration number; | (a) flight identification number, cruise line registration number, ship identification number; |
Or. en
Amendment 32
Proposal for a regulation
Article 5 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. The travel data shall be submitted no earlier than 48 hours before the intended arrival or departure. |
Or. en
Amendment 33
Proposal for a regulation
Article 6 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Traveller Router shall transmit the travel data submitted by the traveller to the competent border authority in accordance with the technical specifications adopted in accordance with Article 16(1), point (a). | 1. The Traveller Router shall transmit the travel data submitted by the traveller to the competent border authority in accordance with Articles 7b and 7c and the technical specifications adopted in accordance with Article 16(1), point (a). |
Or. en
Amendment 34
Proposal for a regulation
Article 6 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall designate the competent border authorities authorised to receive the travel data transmitted to them from the Traveller Router in accordance with this Regulation. They shall notify, by [the entry into operation of the EU Digital Travel application], eu-LISA of the name and contact details of the competent border authorities and shall, where necessary, update the notified information. | 2. Member States shall designate the Single Point of Contact from the competent border authorities authorised to receive the travel data transmitted to them from the Traveller Router in accordance with this Regulation. They shall notify, by [the entry into operation of the EU Digital Travel application], eu-LISA of the name and contact details of the competent border authorities and shall, where necessary, update the notified information. |
Or. en
Amendment 35
Proposal for a regulation
Article 7 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 7a | |
| Deletion of travel data | |
| 1. The competent border authorities shall delete the travel data transmitted in accordance with this Regulation, in an automated manner, from the database of the border crossing point immediately after the traveller has crossed the external border. | |
| 2. Where the traveller, who has submitted travel data in accordance with this Regulation, does not cross the external border, the competent border authorities shall delete, in an automated manner, the travel data transmitted 12 hours after the intended date and time of arrival or departure. |
Or. en
Amendment 36
Proposal for a regulation
Article 7 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 7b | |
| Mobile application | |
| 1. The mobile application referred to in Article 3, point (a) shall enable the creation and submission of digital travel credentials for single or multiple use, and the entry and submission of self-declared travel data. | |
| 2. The mobile application shall have privacy and data protection by design, taking into account the state of the art in security and safety of the data it contains. | |
| 3. The mobile application shall be easily accessible to users and free of charge. Specific attention shall be paid to the accessibility of the mobile application for persons with disabilities. | |
| 4. The mobile application shall be available at least in all the official languages of the Member States. | |
| 5. The use of the mobile application shall be subject to high security standards to ensure that any unauthorised access or use is not possible. | |
| 6. The mobile application shall contain practical information regarding the scanning of the chip in the travel document and the purposes of the EU digital travel application. | |
| 7. The technical specifications of the mobile application shall be adopted in accordance with Article 16(1), point (a). |
Or. en
Amendment 37
Proposal for a regulation
Article 7 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 7c | |
| Traveller Router | |
| 1. The Traveller Router referred to in Article 3, point (c), shall ensure secure and encrypted communication between the mobile application and the competent border authority. | |
| 2. Member States shall ensure a secure connection between its national system and the Traveller Router. | |
| 3. eu-LISA shall ensure that the Traveller Router is designed and developed in such a manner that the Traveller Router provides the functionalities specified in this Regulation. | |
| 4. eu-LISA shall host the Traveller router in its technical sites. | |
| 5. eu-LISA shall be responsible for the technical management of the Traveller Router, including its maintenance and technical developments, in such a manner as to ensure that the data are securely, effectively and swiftly transmitted through the Traveller Router, in compliance with this Regulation. | |
| 6. eu-LISA’s staff shall not have access to any of the data that are transmitted through the Traveller Router. However, that prohibition shall not preclude eu-LISA’s staff from having such access insofar as strictly necessary for the maintenance and technical management of the Traveller Router. | |
| 7. eu-LISA shall, upon the request of the relevant Member States’ authorities, provide training to them on the technical use of the router and on their connection to and integration with the Traveller Router. | |
| 8. The technical specifications of the Traveller Router shall be adopted in accordance with Article 16(1), point (a). |
Or. en
Amendment 38
Proposal for a regulation
Article 8 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. eu-LISA shall develop the EU Digital Travel application and its components in accordance with the technical specifications adopted pursuant to Article 16(1), point (a). | 1. eu-LISA shall develop the EU Digital Travel application and its components in accordance with Articles 7b and 7c and the technical specifications adopted pursuant to Article 16(1), point (a). |
Or. en
Amendment 39
Proposal for a regulation
Article 8 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. eu-LISA shall ensure that the EU Digital Travel application is interoperable with the European Digital Identity Wallet established under Regulation (EU) No 910/2014. | 4. For the purpose of this Regulation, eu-LISA shall ensure that the EU Digital Travel application is interoperable with the European Digital Identity Wallet established under Regulation (EU) No 910/2014. |
Or. en
Amendment 40
Proposal for a regulation
Article 8 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Where eu-LISA considers that the development of the EU Digital Travel application has been completed, it shall, without undue delay, conduct a test of the application in cooperation with the competent border authorities and other relevant Member States’ authorities, in accordance with the technical specifications adopted pursuant to Article 16(1), point (c), and inform the Commission of the outcome of that test. | 5. Where eu-LISA considers that the development of the EU Digital Travel application has been completed, it shall, without undue delay, conduct a test of the application in cooperation with the competent border authorities and other relevant Member States’ authorities, in accordance with the technical specifications adopted pursuant to Article 16(1), point (c), and inform the European Parliament and the Commission of the outcome of that test. |
Or. en
Amendment 41
Proposal for a regulation
Article 8 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. eu-LISA shall collect statistics on the use of the EU Digital Travel application in accordance with Article 16(1), point (b). | 6. eu-LISA shall collect statistics, for the sole purpose of evaluating the effectiveness of this Regulation, on the use of the EU Digital Travel application in accordance with Article 16(1), point (b), without such statistics allowing for the identification of the traveller concerned. |
Or. en
Amendment 42
Proposal for a regulation
Article 8 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 8a | |
| Fundamental rights | |
| Collection and processing of personal data in the context of this Regulation shall not result in discrimination against persons on the grounds listed in Article 21 of the Charter of Fundamental Rights of the European Union (the ‘Charter’). | |
| It shall fully respect relevant Union law and fundamental rights, as enshrined in the Charter, including the right to respect for one’s private life and to the protection of personal data. | |
| Particular attention shall be paid to vulnerable persons. | |
| This Regulation shall respect freedom of movement. |
Or. en
Amendment 43
Proposal for a regulation
Article 10 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| The information campaigns shall also include practical information on the scanning of the chip of the travel document to ensure the correct functioning of the application. |
Or. en
Amendment 44
Proposal for a regulation
Article 12 – paragraph 1 – point 1
Regulation (EC) No 2252/2004
Article 1 – paragraph 1a – subparagraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| The request for the digital travel credential may be made at any point in time. |
Or. en
Amendment 45
Proposal for a regulation
Article 12 – paragraph 1 – point 3
Regulation (EC) No 2252/2004
Article 4 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States shall allow relevant stakeholders, involved in the process of crossing the external borders, to access the storage medium in passports and travel documents, with the exception of fingerprints, with the consent of the person to whom the passport or travel document has been issued. | 4. Member States shall allow air carriers, for the purposes of Regulations (EU) 2025/12 and (EU) 2025/13, involved in the process of crossing the external borders, to access the storage medium in passports and travel documents, with the exception of fingerprints, with the consent of the person to whom the passport or travel document has been issued. |
Or. en
Amendment 46
Proposal for a regulation
Article 15 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall determine the date from which the EU Digital Travel application starts operations by means of an implementing act once eu-LISA has informed the Commission of the successful completion of the test of the application referred to in Article 8(5). | 1. The Commission shall determine the date from which the EU Digital Travel application starts operations by means of an implementing act once eu-LISA has informed the European Parliament and the Commission of the successful completion of the test of the application referred to in Article 8(5). |
Or. en
Amendment 47
Proposal for a regulation
Article 15 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 15a | |
| Exercise of the delegation | |
| 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. | |
| 2. The power to adopt delegated acts referred to in Article 4(7a) shall be conferred on the Commission for a period of five years from ... [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. | |
| 3. The delegation of power referred to in Article 4(7a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. | |
| 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. | |
| 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. | |
| 6. A delegated act adopted pursuant to Article 4(7a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. |
Or. en
Amendment 48
Proposal for a regulation
Article 16 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) establish the statistics to be collected by eu-LISA on the use of the EU Digital Travel application; | (b) establish the statistics to be collected by eu-LISA, for the sole purpose of evaluating the effectiveness of this Regulation, without allowing for the identification of any traveller, on the use of the EU Digital Travel application; |
Or. en
Amendment 49
Proposal for a regulation
Article 18 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. By… [five years after the start of operations of the EU Digital Travel application], the Commission shall conduct an overall evaluation of the EU Digital Travel application and its use. The overall evaluation report established on this basis shall include an assessment of the application of this Regulation and an examination of results that have been achieved relative to the objectives that were set and of the impact on fundamental rights. The report shall also include an overall assessment of whether the underlying rationale for operating the EU Digital Travel application continues to hold, of the appropriateness of the technical features of the application, of the security of the application and of any implications for future operations. The evaluation shall include necessary recommendations. The Commission shall transmit the report to the European Parliament, the Council, the European Data Protection Supervisor and the European Union Agency for Fundamental Rights. | 5. By… [two years after the start of operations of the EU Digital Travel application] and every four years thereafter, the Commission shall conduct an overall evaluation of the EU Digital Travel application and its use. The overall evaluation report established on this basis shall include an assessment of the application of this Regulation and an examination of results that have been achieved relative to the objectives that were set and of the impact on fundamental rights. The report shall also include an overall assessment of whether the underlying rationale for operating the EU Digital Travel application continues to hold, of the appropriateness of the technical features of the application, of the security of the application and of any implications for future operations. The evaluation shall include necessary recommendations. The Commission shall transmit the report to the European Parliament, the Council, the European Data Protection Supervisor and the European Union Agency for Fundamental Rights. |
Or. en
Explanatory statement 14 paragraphs
The present proposal aims at establishing a common “EU Digital Travel application” and a uniform standard for digital travel credentials, allowing people to cross external air, land and sea borders based on a uniform EU technical solution, and enabling border authorities to carry out checks more efficiently based on these credentials, while reducing bottlenecks and time spent at border-crossing points for travellers.
The proposed Regulation consists of:
the establishment of an application for the electronic submission of travel data (the ‘EU Digital Travel’ application), its subject matter and scope, including provisions on data transmission and processing;
the general structure of the EU Digital Travel application, consisting of the application, a backend validation service and a traveller router, including the purpose of each of its technical components;
provisions on the creation, use, submission, transmission and processing of digital travel credentials;
rules on the development, operation and maintenance of the EU Digital Travel application and the consequent obligations of eu-LISA;
the obligations of the Member States in ensuring that they can receive data submitted through the EU Digital Travel application.
The establishment of the Digital Travel application also requires the amendment of several relevant legal acts. Namely, Regulation (EC) No 2252/2004 to establish the technical standard for digital travel credentials and the possibility for applicants to request one; Regulation (EU) 2016/399 concerning the carrying out of border checks as well as the further use of self-service systems and the EU Digital Travel application for those purposes; and Regulation (EU) 2018/1726 with regard to eu-LISA’s tasks in relation to the EU Digital Travel application.
Rapporteur’s position
The rapporteur welcomes the Commission’s proposal but sees the need to introduce additional safeguards to ensure the respect for one’s private life and the protection of personal data as well as the principle of non-discrimination and freedom of movement.
The Rapporteur’s approach is to advocate for the use of the application by travellers over the age of 18, while granting the Commission the power to amend the age limit, provided that the necessary technical requirements and any other relevant conditions are met for the issuance of digital travel credentials to children under the age of 18.
The Rapporteur introduces new provisions to enhance data protection, such as the deletion of the travel data from the national database of the border crossing point by the competent border authorities after the traveller has crossed the external border or in case the traveller does not cross the external border at the intended date and time of arrival or departure.
In the same vein, the Rapporteur recognises the necessity to specify in more detail the features and functionalities of the Traveller Router and the mobile application to be developed by eu-LISA for the purposes of this Regulation.
Furthermore, in order to achieve the objectives of this Regulation, the Rapporteur deems it essential to launch information campaigns aimed at informing the public about the use of the EU Digital Travel application. These campaigns should provide practical guidance on the scanning of the chip in the travel document, thereby ensuring the efficient and seamless functioning of the application.
Annex: entities or persons from whom the rapporteur has received input 4 paragraphs
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he received input from the following entities or persons in the preparation of the draft report:
| Entity and/or person |
| European Data Protection Supervisor |
| International Air Transport Association |
| eu-LISA |
| Ministry of Justice and Security (The Netherlands) |
| Royal Marechaussee (The Netherlands) |
| National Police Board (Finland) |
The list above is drawn up under the exclusive responsibility of the rapporteur.
Where natural persons are identified in the list by their name, by their function or by both, the rapporteur declares that he has submitted to the concerned natural persons the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.