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
Modified by
- Regulation (EU) 2019/817 of the European Parliament and of the Councilof 20 May 2019on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA, 32019R0817, May 22, 2019
Corrected by
- Corrigendum to 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, 32018R1240R(03), June 17, 2020
(a) nationals of third countries listed in Annex II to Council Regulation (EC) No 539/2001 Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1 ).(b) persons who, pursuant to Article 4(2) of Regulation (EC) No 539/2001, are exempt from the visa requirement for intended stays in the territory of the Member States of a duration of no more than 90 days in any 180-day period; (c) third-country nationals who are exempt from the visa requirement and who fulfil the following conditions: (i) they are family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States on the one hand and a third country on the other; and (ii) they do not hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Regulation (EC) No 1030/2002.
(a) refugees or stateless persons or other persons who do not hold the nationality of any country who reside in a Member State and who are holders of a travel document issued by that Member State; (b) third-country nationals who are family members of a Union citizen to whom Directive 2004/38/EC applies and who hold a residence card pursuant to that Directive; (c) third-country nationals who are family members of a third-country national enjoying a right of free movement equivalent to that of Union citizens, under an agreement between the Union and its Member States on the one hand and a third country on the other, and who hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Regulation (EC) No 1030/2002; (d) holders of residence permits referred to in point 16 of Article 2 of Regulation (EU) 2016/399; (e) holders of uniform visas; (f) holders of national long-stay visas; (g) nationals of Andorra, Monaco and San Marino and holders of a passport issued by the Vatican City State or the Holy See; (h) nationals of third countries who are holders of a local border traffic permit issued by the Member States pursuant to Regulation (EC) No 1931/2006 of the European Parliament and of the Council Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention (OJ L 405, 30.12.2006, p. 1 ).(i) persons or categories of persons referred to in points (a) to (f) of Article 4(1) of Regulation (EC) No 539/2001; (j) third-country nationals holding diplomatic or service passports who have been exempted from the visa requirement pursuant to an international agreement concluded by the Union and a third country; (k) persons who are subject to a visa requirement pursuant to Article 4(3) of Regulation (EC) No 539/2001; (l) third-country nationals exercising their right to mobility in accordance with Directive 2014/66/EU Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (OJ L 157, 27.5.2014, p. 1 ).Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21 ).
(1) "external borders" means the external borders as defined in point 2 of Article 2 of Regulation (EU) 2016/399; (2) "law enforcement" means the prevention, detection or investigation of terrorist offences or other serious criminal offences; (3) "second line check" means a second line check as defined in point 13 of Article 2 of Regulation (EU) 2016/399; (4) "border authority" means the border guard assigned in accordance with national law to carry out border checks as defined in point 11 of Article 2 of Regulation (EU) 2016/399; (5) "travel authorisation" means a decision issued in accordance with this Regulation which is required for third-country nationals referred to in Article 2(1) of this Regulation to fulfil the entry condition laid down in point (b) of Article 6(1) of Regulation (EU) 2016/399 and which indicates: (a) that no factual indications or reasonable grounds based on factual indications have been identified to consider that the presence of the person on the territory of the Member States poses or will pose a security, illegal immigration or high epidemic risk; (b) that no factual indications or reasonable grounds based on factual indications have been identified to consider that the presence of the person on the territory of the Member States poses or will pose a security, illegal immigration or high epidemic risk, although doubt remains concerning the existence of sufficient reasons to refuse the travel authorisation, in accordance with Article 36(2); (c) where factual indications have been identified to consider that the presence of the person on the territory of the Member States poses or will pose a security, illegal immigration or high epidemic risk, that the territorial validity of the authorisation has been limited in accordance with Article 44; or (d) where factual indications have been identified to consider that the presence of the person on the territory of the Member States poses or will pose a security risk, that the traveller is the subject of an alert in SIS on persons for discreet checks or specific checks or of an alert in SIS on persons wanted for arrest for surrender purposes on the basis of an European Arrest Warrant or wanted for arrest for extradition purposes, in support of the objectives of SIS referred to in point (e) of Article 4;
(6) "security risk" means the risk of a threat to public policy, internal security or international relations for any of the Member States; (7) "illegal immigration risk" means the risk of a third-country national not fulfilling the conditions of entry and stay as set out in Article 6 of Regulation (EU) 2016/399; (8) "high epidemic risk" means any disease with epidemic potential as defined by the International Health Regulations of the World Health Organization (WHO) or the European Centre for Disease Prevention and Control (ECDC) and other infectious diseases or contagious parasitic diseases if they are the subject of protection provisions applying to nationals of the Member States; (9) "applicant" means any third-country national referred to in Article 2 who has submitted an application for a travel authorisation; (10) "travel document" means a passport or other equivalent document entitling the holder to cross the external borders and to which a visa may be affixed; (11) "short stay" means stays in the territory of the Member States within the meaning of Article 6(1) of Regulation (EU) 2016/399; (12) "overstayer" means a third-country national who does not fulfil, or no longer fulfils the conditions relating to the duration of a short stay on the territory of the Member States; (13) "app for mobile devices" means a software application designed to run on mobile devices such as smartphones and tablet computers; (14) "hit" means the existence of a correspondence established by comparing the personal data recorded in an application file of the ETIAS Central System with the specific risk indicators referred to in Article 33 or with the personal data present in a record, file or alert registered in the ETIAS Central System, in another EU information system or database listed in Article 20(2) ("EU information systems"), in Europol data or in an Interpol database queried by the ETIAS Central System; (15) "terrorist offence" means an offence which corresponds or is equivalent to one of the offences referred to in Directive (EU) 2017/541; (16) "serious criminal offence" means an offence which corresponds or is equivalent to one of the offences referred to in Article 2(2) of Framework Decision 2002/584/JHA, if it is punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years; (17) "Europol data" means personal data processed by Europol for the purpose referred to in point (a) of Article 18(2) of Regulation (EU) 2016/794; (18) "electronically signed" means the confirmation of agreement through the ticking of an appropriate box in the application form or the request for consent; (19) "minor" means a third-country national or a stateless person below the age of 18 years; (20) "consulate" means a Member State’s diplomatic mission or a Member State’s consular post as defined by the Vienna Convention on Consular Relations of 24 April 1963 ;(21) "designated authority" means an authority designated by a Member State pursuant to Article 50 as responsible for the prevention, detection or investigation of terrorist offences or of other serious criminal offences; (22) "immigration authority" means the competent authority responsible, in accordance with national law, for one or more of the following: (a) checking within the territory of the Member States whether the conditions for entry to, or stay on, the territory of the Member States are fulfilled; (b) examining the conditions for, and taking decisions related to, the residence of third-country nationals on the territory of the Member States insofar as that authority does not constitute a "determining authority" as defined in point (f) of Article 2 of Directive 2013/32/EU of the European Parliament and of the Council Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60 ).Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network (OJ L 64, 2.3.2004, p. 1 ).(c) the return of third-country nationals to a third country of origin or transit;
(23) "CIR" means the common identity repository established by Article 17(1) of Regulation (EU) 2019/817; (24) "ESP" means the European search portal established by Article 6(1) of Regulation (EU) 2019/817; (25) "ETIAS Central System" means the Central System referred to in point (a) of Article 6(2) together with the CIR to the extent that the CIR contains the data referred to in Article 6(2a); (26) "identity data" means the data referred to in points (a), (b) and (c) of Article 17(2); (27) "travel document data" means the data referred to in points (d) and (e) of Article 17(2) and the three letter code of the country issuing the travel document as referred to in point (c) of Article 19(3).
(a) contribute to a high level of security by providing for a thorough security risk assessment of applicants, prior to their arrival at external border crossing points, in order to determine whether there are factual indications or reasonable grounds based on factual indications to conclude that the presence of the person on the territory of the Member States poses a security risk; (b) contribute to the prevention of illegal immigration by providing for an illegal immigration risk assessment of applicants prior to their arrival at external border crossing points; (c) contribute to the protection of public health by providing for an assessment of whether the applicant poses a high epidemic risk within the meaning of point 8 of Article 3(1) prior to his or her arrival at external border crossing points; (d) enhance the effectiveness of border checks; (e) support the objectives of SIS related to alerts on third-country nationals subject to a refusal of entry and stay, alerts on persons wanted for arrest for surrender purposes or extradition purposes, alerts on missing persons, alerts on persons sought to assist with a judicial procedure and alerts on persons for discreet checks or specific checks; (f) contribute to the prevention, detection and investigation of terrorist offences or of other serious criminal offences; (g) contribute to the correct identification of persons.
(a) the ETIAS Information System as referred to in Article 6; (b) the ETIAS Central Unit as referred to in Article 7; (c) the ETIAS National Units as referred to in Article 8.
(a) a Central System, including the ETIAS watchlist referred to in Article 34; (aa) the CIR; (b) a national uniform interface (NUI) in each Member State based on common technical specifications and identical for all Member States enabling the ETIAS Central System to connect to the national border infrastructures and to the central access points in Member States referred to in Article 50(2) in a secure manner; (c) a communication infrastructure between the ETIAS Central System and the NUIs which shall be secure and encrypted; (d) a secure communication infrastructure between the Central System and the central infrastructures of the ESP and the CIR; (e) a public website and an app for mobile devices; (f) an email service; (g) a secure account service enabling applicants to provide any additional information or documentation required; (h) a verification tool for applicants; (i) a tool enabling applicants to give or withdraw their consent for an additional retention period of their application file; (j) a tool enabling Europol and Member States to assess the potential impact of entering new data into the ETIAS watchlist on the proportion of applications that are manually processed; (k) a carrier gateway; (l) a secure web service enabling the ETIAS Central System to communicate with the public website, the app for mobile devices, the email service, the secured account service, the carrier gateway, the verification tool for applicants, the consent tool for applicants, the payment intermediary and the Interpol databases; (m) software enabling the ETIAS Central Unit and the ETIAS National Units to process applications and to manage consultations with other ETIAS National Units as referred to in Article 28 and with Europol as referred to in Article 29; (n) a central repository of data for the purposes of reporting and statistics.
(a) in cases where the automated application process has reported a hit, verifying in accordance with Article 22 whether the applicant’s personal data correspond to the personal data of the person having triggered that hit in the ETIAS Central System, including the ETIAS watchlist referred to in Article 34, any of the EU information systems that are consulted, Europol data, any of the Interpol databases referred to in Article 12, or the specific risk indicators referred to in Article 33, and where a correspondence is confirmed or where doubts remain, launching the manual processing of the application as referred to in Article 26; (b) ensuring that the data it enters in the applications files are up to date in accordance with the relevant provisions of Articles 55 and 64; (c) defining, establishing, assessing ex ante , implementing, evaluatingex post , revising and deleting the specific risk indicators as referred to in Article 33 after consultation of the ETIAS Screening Board;(d) ensuring that the verifications performed in accordance with Article 22 and the corresponding results are recorded in the application files; (e) carrying out regular audits of the processing of applications and of the implementation of Article 33, including by regularly assessing their impact on fundamental rights, in particular with regard to privacy and personal data protection; (f) indicating, where necessary, the Member State responsible for the manual processing of applications as referred to in Article 25(2); (g) in cases of technical problems or unforeseen circumstances, facilitating where necessary the consultations between Member States referred to in Article 28 and between the Member State responsible and Europol referred to in Article 29; (h) notifying carriers in cases of a failure of the ETIAS Information System as referred to in Article 46(1); (i) notifying the ETIAS National Units of the Member States of a failure of the ETIAS Information System as referred to in Article 48(1); (j) processing requests for consultation of data in the ETIAS Central System by Europol as referred to in Article 53; (k) providing the general public with all relevant information in relation to the application for a travel authorisation as referred to in Article 71; (l) cooperating with the Commission as regards the information campaign referred to in Article 72; (m) providing support in writing to travellers who have encountered problems when filling in the application form and have requested assistance through a standard contact form; maintaining a list of frequent questions and answers available online; (n) ensuring follow-up and regularly reporting to the Commission on reported abuses by commercial intermediaries as referred to in Article 15(5).
(a) statistics on: (i) the number of travel authorisations issued automatically by the ETIAS Central System; (ii) the number of applications verified by the ETIAS Central Unit; (iii) the number of applications processed manually per Member State; (iv) the number of applications that were refused by third country and the grounds for the refusal; (v) the extent to which the deadlines referred to in Article 22(6) and Articles 27, 30 and 32 have been met.
(b) general information on the functioning of the ETIAS Central Unit, its activities as set out in this Article and information on current trends and challenges affecting the conduct of its tasks.
(a) examining and deciding on applications for travel authorisation where the automated application process has reported a hit and the manual processing of the application has been initiated by the ETIAS Central Unit; (b) ensuring that the tasks performed under point (a) and the corresponding results are recorded in the application files; (c) ensuring that the data they enter in the application files are up to date in accordance with the relevant provisions of Articles 55 and 64; (d) deciding to issue travel authorisations with limited territorial validity as referred to in Article 44; (e) ensuring coordination with other ETIAS National Units and Europol concerning the consultation requests referred to in Articles 28 and 29; (f) providing applicants with information regarding the procedure to be followed in the event of an appeal under Article 37(3); (g) annulling and revoking a travel authorisation as referred to in Articles 40 and 41.
(a) by the ETIAS Central Unit on the definition, establishment, assessment ex ante , implementation, evaluationex post , revision and deletion of the specific risk indicators referred to in Article 33;(b) by Member States on the implementation of the ETIAS watchlist referred to in Article 34; (c) by Europol on the implementation of the ETIAS watchlist referred to in Article 34.
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