(1)

Regulation (EU) 2018/1240 established a European Travel Information and Authorisation System (ETIAS) as a system for third-country nationals exempt from the requirement to be in possession of a visa when crossing the external borders. It has laid down the conditions and procedures to issue or refuse a travel authorisation.

(2)

The ETIAS National Unit of the Member State responsible, when examining and deciding on applications for travel authorisations, may under certain conditions invite the applicant to an interview in his or her country of residence. In principle, this interview should take place at its consulate located the nearest to the place of residence of the applicant.

(3)

Audio and video communication should facilitate the application procedure taking into account recent technological developments, providing different ways to conduct a remote interview. Therefore, it is necessary to define the requirements for the remote audio and video means of communication. These requirements should include rules on data protection, security and confidentiality. It is also necessary to adopt rules on the testing, selection and operation of the tools.

(4)

Concerning the handling of personal data this decision refers to Regulation (EU) 2016/679 of the European Parliament and of the Council (2). In this context, where the interview is recorded, the applicant shall be notified about the recording and consent to the recording before the start of the interview.

(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 the implementation of Regulation (EU) 2018/1240 in its national law. Denmark is therefore bound by this Decision.

(6)

This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part (3); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(7)

As regards Iceland and Norway, this Decision 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 (4), which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC (5).

(8)

As regards Switzerland, this Decision 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 (6), 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 (7).

(9)

As regards Liechtenstein, this Decision 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 (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 Council Decision 2011/350/EU (9).

(10)

This Decision constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession, Article 4(1) of the 2005 Act of Accession and Article 4(1) of the 2011 Act of Accession.

(11)

The European Data Protection Supervisor delivered an opinion on 10 May 2021.

(12)

The measures provided for in this Decision are in accordance with the opinion of the Smart Borders Committee,