3.

By way of derogation from Article 49 of this Regulation, if necessary for the purpose of return, the immigration authorities may access the ETIAS Central System to retrieve data to be transferred to a third country in individual cases only where all of the following conditions are met: a prior search has been conducted in the EES in accordance with Article 26 of Regulation (EU) 2017/2226; and this search indicates that the EES does not contain data concerning the third-country national to be returned. Where necessary, fulfilment of these conditions shall be verified by accessing the logs provided for in Article 46 of Regulation (EU) 2017/2226 corresponding to the search referred to in point (a) of the first subparagraph of this paragraph and to the answer corresponding to point (b) of that subparagraph. If those conditions are met, the immigration authorities shall have access to query the ETIAS Central System with some or all of the data referred to in points (a) to (e) of Article 17(2) of this Regulation. If an ETIAS application file corresponds to those data, the immigration authorities will have access to the data referred to in points (a) to (g) of Article 17(2) of this Regulation and, in case of minors, point (k) of paragraph 2 of that Article. By way of derogation from paragraph 1 of this Article, the data accessed from the ETIAS Central System by the immigration authorities may be transferred to a third country in individual cases if necessary in order to prove the identity of third-country nationals for the sole purpose of return, and only where one of the following conditions is satisfied: the Commission has adopted a decision on the adequate level of protection of personal data in that third country in accordance with Article 45(3) of Regulation (EU) 2016/679; appropriate safeguards have been provided as referred to in Article 46 of Regulation (EU) 2016/679, such as through a readmission agreement which is in force between the Union or a Member State and the third country in question; point (d) of Article 49(1) of Regulation (EU) 2016/679 applies. The data referred to in points (a), (b), (d), (e) and (f) of Article 17(2) of this Regulation may be transferred only where all of the following conditions are satisfied: the transfer of the data is carried out in accordance with the relevant provisions of Union law, in particular provisions on data protection, including Chapter V of Regulation (EU) 2016/679, readmission agreements, and the national law of the Member State transferring the data; the third country has agreed to process the data only for the purposes for which they were provided; and a return decision adopted pursuant to Directive 2008/115/EC of the European Parliament and of the Council Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98). has been issued in relation to the third-country national concerned, provided that the enforcement of such a return decision is not suspended and provided that no appeal has been lodged which may lead to the suspension of its enforcement.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-14 · Text as adopted (Official Journal); later amendments are not incorporated in this text.