(1)

Regulation (EU) 2018/1240 establishes the European Travel Information and Authorisation System (‘ETIAS’) applicable to visa-exempt third-country nationals seeking to cross the external borders of the Member States.

(2)

The costs of operation and maintenance of ETIAS are to be covered by revenues generated through the payment by applicants of the travel authorisation fee. In accordance with Article 85(3) of Regulation (EU) 2018/1240, ETIAS’ operating costs are to also include financial support to Member States for expenses incurred to customise and automate border checks in order to implement ETIAS.

(3)

That financial support to Member States is to be provided by the Instrument for Financial Support for Border Management and Visa Policy (‘the Instrument’), established by Regulation (EU) 2021/1148 of the European Parliament and of the Council (2).

(4)

The Instrument is to contribute to the specific objective to support effective European integrated management at the external borders, set out in Article 3(2), point (a), of Regulation (EU) 2021/1148, by focusing on the implementation measures listed in Annex II to that Regulation. Those implementation measures include, under point 1(e) of Annex II to that Regulation, the setting up, operation and maintenance of large-scale IT systems in the area of border management, in particular ETIAS. Pursuant to Article 12 of Regulation (EU) 2021/1148, the contribution from the Union budget to expenses incurred by Member States to customise and automate border checks in order to implement ETIAS, in accordance with Article 85(3) of Regulation (EU) 2018/1240, may be increased to 100 % of the total eligible expenditure.

(5)

Given that the costs incurred to customise and automate border checks cannot be determined in advance, the Commission has assessed that the financial support referred to in Article 85(3) of Regulation (EU) 2018/1240 should be split equally among Member States within the maximum amounts of financial support set, respectively, for the first, second and every subsequent year of operation of the ETIAS. Such repartition of financial support would provide Member States with legal certainty regarding the amount they are entitled to receive, with a view to sound financial management and effective implementation.

(6)

The repartition of the financial support as established in the Annex to this Regulation was discussed with Member States in the context of the Expert Group on Information Systems for Borders and Security.

(7)

This Regulation does not affect the application of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (3).

(8)

Given that Regulation (EU) 2018/1240 builds upon the Schengen acquis, in accordance with Article 4 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark notified its decision to implement Regulation (EU) 2018/1240 in its national law. Denmark is therefore bound by this Regulation.

(9)

This Regulation does not constitute a development of the provisions of the Schengen acquis in which Ireland takes part in accordance with Council Decision 2002/192/EC (4). Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(10)

As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (5), which fall within the area referred to in Article 1, point A, of Council Decision 1999/437/EC (6).

(11)

As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (7), which fall within the area referred to in Article 1, point A, of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC (8) and with Article 3 of Council Decision 2008/149/JHA (9).

(12)

As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (10) , which fall within the area referred to in Article 1, point A, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (11) and with Article 3 of Council Decision 2011/349/EU (12).

(13)

This Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 3(1) of the 2003 Act of Accession and Article 4(1) of the 2005 Act of Accession,