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Summaries of EU Legislation

The European Travel Information and Authorisation System (ETIAS)

 

SUMMARY OF:

Regulation (EU) 2018/1240 — establishing a European Travel Information and Authorisation System (ETIAS)

Regulation (EU) 2018/1241 — amending Regulation (EU) 2016/794 for the purpose of establishing a European Travel Information and Authorisation System (ETIAS)

WHAT IS THE AIM OF THE REGULATIONS?

They aim to strengthen security checks on non-European Union (EU) citizens travelling without visas to the Schengen area, contributing to:

  • a high level of security;
  • the prevention of illegal immigration;
  • the protection of public health;
  • more effective border checks;
  • the objectives of the Schengen Information System;
  • the prevention, detention and investigation of terrorist offences or other serious crimes.

KEY POINTS

  • ETIAS is an automated IT system created to identify any security or irregular migratory risks posed by visa-exempt visitors travelling to the Schengen area whilst ensuring fundamental rights and data protection.
  • It will be developed by the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice and aims to be operational by the end of 2022.
  • Non-EU nationals who do not need a visa to travel to the Schengen area will have to apply for a travel authorisation (ETIAS) prior to their trip.
  • After filling in an online application form, the system will conduct checks against EU information systems for borders and security.
  • Prior verification of visa-exempt non-EU citizens will:
    • facilitate border checks;
    • avoid bureaucracy and delays for travellers when presenting themselves at the borders;
    • ensure a coordinated and harmonised risk assessment of non-EU nationals; and
    • substantially reduce the number of refusals of entry at border crossing points.

Authorisation

  • The ETIAS travel authorisation costs €7.00 and is valid for 3 years. The travel authorisation can be revoked, should the conditions for issuing it no longer be met, or cancelled if the conditions were not met at the time of issuance.
  • If travel authorisation is refused, the applicant retains the right to appeal. Appeals can be launched in the EU Member State which took the decision on the application, in accordance with its national law.

Amending legislation

  • Regulation (EU) 2021/1134 amends Regulation (EU) 2018/1240, as well as other related regulations (Regulations (EC) No 767/2008, (EC) No 810/2009, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1860, (EU) 2018/1861, (EU) 2019/817 and (EU) 2019/1896) for the purpose of reforming the Visa Information System. It deals with aspects of interoperability with the Visa Information System and introduces new rules on the use of ETIAS by visa authorities and authorities competent to decide on an application for a long-stay visa or residence permit.
  • Regulation (EU) 2021/1152 amends Regulation (EU) 2018/1240, as well as Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1861 and (EU) 2019/817, and lays down rules on the implementation of the interoperability between ETIAS, on the one hand, and other EU information systems and Europol data, on the other hand, and the conditions for the consultation of data stored in other EU information systems and Europol data by ETIAS for the purpose of automatically identifying hits. It also includes — in the scope of the automated verifications — a new alert category, namely the alert on non-EU nationals subject to a return decision.

FROM WHEN DO THE REGULATIONS APPLY?

  • With the exception of certain articles of Regulation (EU) 2018/1240 which have applied since 9 October 2018, Regulations (EU) 2018/1240 and (EU) 2018/1241 will apply from the date determined by the European Commission (on the basis of certain conditions being fulfilled).
  • With the exception of certain articles, which have applied since 2 August 2021, and certain aspects of Article 1 which will apply from 3 August 2022 and 3 August 2023, amending Regulation (EU) 2021/1134, like Regulation (EU) 2018/1240, will apply from a date set by the Commission.
  • Amending Regulation (EU) 2021/1152 has applied since 3 August 2021.

BACKGROUND

MAIN DOCUMENTS

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 (OJ L 236, 19.9.2018, pp. 1–71).

Successive amendments to Regulation (EU) 2018/1240 have been incorporated in the original text. This consolidated version is of documentary value only.

Regulation (EU) 2018/1241 of the European Parliament and of the Council of 12 September 2018 amending Regulation (EU) 2016/794 for the purpose of establishing a European Travel Information and Authorisation System (ETIAS) (OJ L 236, 19.9.2018, pp. 72–73).

RELATED DOCUMENTS

Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on 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 (OJ L 135, 22.5.2019, pp. 27–84).

Corrigendum

See consolidated version.

Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, pp. 85–135).

See consolidated version.

Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 (OJ L 312, 7.12.2018, pp. 14–55).

See consolidated version.

Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, pp. 56–106).

See consolidated version.

Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, pp. 99–137).

See consolidated version.

Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, pp. 20–82).

See consolidated version.

Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, pp. 53–114).

Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, pp. 60–81).

See consolidated version.

last update 22.09.2021

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