{
  "url": "https://openlegislation.uk/eu-regulation-2018-1240/article-46",
  "json_url": "https://openlegislation.uk/eu-regulation-2018-1240/article-46.json",
  "legislation": "eur/2018/1240",
  "legislation_title": "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",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2018-1240",
  "path": "article/46",
  "kind": "article",
  "number": "46",
  "heading": "Fall-back procedures in the case of a technical impossibility to access data by carriers",
  "text": "1. Where it is technically impossible to proceed with the query referred to in Article 45(1) because of a failure of any part of the ETIAS Information System, the carriers shall be exempted of the obligation to verify the possession of a valid travel authorisation. Where such a failure is detected by eu-LISA, the ETIAS Central Unit shall notify the carriers. It shall also notify the carriers once the failure is remedied. Where such a failure is detected by the carriers, they may notify the ETIAS Central Unit.\n2. The penalties referred to in Article 45(5) shall not be imposed on carriers in the cases referred to in paragraph 1 of this Article.\n3. Where for other reasons than a failure of any part of the ETIAS Information System it is technically impossible for a carrier to proceed with the consultation query referred to in Article 45(1) for a prolonged period of time, that carrier shall inform the ETIAS Central Unit.\n4. The Commission shall, by means of an implementing act, lay down details of the fall-back procedures referred to in this Article. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 90(2).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2018/1240/article/46",
    "retrieved_at": "2026-11-01T14:43:58.012378+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}