(1)

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

(2)

In accordance with Article 86 of Regulation (EU) 2018/1240, the costs of operation and maintenance of ETIAS are to be covered by revenues generated by the ETIAS travel authorisation fee. To know their structure and identify any significant or longstanding increase in these costs, the Commission should review, on a yearly basis, the costs of operation and maintenance of ETIAS reported by the Member States, as well as the European Border and Coast Guard Agency (‘Frontex’), the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (‘eu-LISA’) and the European Union Agency for Law Enforcement Cooperation (‘Europol’) (hereafter collectively referred to as ‘agencies’) under their pre-existing reporting obligations.

(3)

A significant or persistent increase in those costs should lead to a change of the amount of the ETIAS travel authorisation fee. To that end, the Commission should compare the costs of operation and maintenance of ETIAS reported by the Member States and the agencies in a given year with those reported in previous years, in order to identify any significant or longstanding increases. In order to minimise reporting obligations, this comparison should be performed on the basis of data already reported by Member States under Regulation (EU) 2021/1148 of the European Parliament and of the Council (2). To determine whether an increase of the amount of the ETIAS travel authorisation fee would be justified, the Member States and the agencies should provide, upon request by the Commission, the reasons underpinning the increase in the costs of operation and maintenance.

(4)

This Regulation does not affect the application of Directive 2004/38/EC of the European Parliament and of the Council (3) and 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 (4).

(5)

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.

(6)

This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (5). Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(7)

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 (6), which fall within the area referred to in Article 1, point A, of Decision 1999/437/EC (7).

(8)

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 (8), which fall within the area referred to in Article 1, point A, of Decision 1999/437/EC, read in conjunction with Article 3 of Decision 2008/146/EC (9).

(9)

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 Decision 2011/350/EU (11).

(10)

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.

(11)

Considering the absence of a preceding operational year to serve as a baseline for meaningful year-on-year cost comparison during the first year of operation of ETIAS, Articles 2 to 6 of this Regulation should only apply commencing from the second year of operation of ETIAS,

(a)

the Member States;

(b)

the European Border and Coast Guard Agency (‘Frontex’), the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (‘eu-LISA’), and the European Union Agency for Law Enforcement Cooperation (‘Europol’) (hereinafter collectively referred to as ‘agencies’).