COMMISSION IMPLEMENTING DECISION
of 22.2.2023
on the common leaflets informing third-country nationals about the European Travel Information and Authorisation System (ETIAS) referred to in Article 83(4) of Regulation (EU) 2018/1240 of the European Parliament and of the Council
(Only the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are authentic)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard 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, and in particular Article 83(4) thereof,
Whereas:
(1)Regulation (EU) 2018/1240 established the European Travel Information and Authorisation System (ETIAS) for third-country nationals exempt from the requirement to be in possession of a visa when crossing the external borders. It laid down the conditions and procedures for issuing or refusing a travel authorisation.
(2)In order to implement the European Travel Information and Authorisation System, it is necessary to ensure that third-country nationals subject to the travel authorisation requirement have access to information on the entry conditions to the territory of the Member States. For this purpose, it is necessary to create two common leaflets that will allow Member States and border authorities to inform visa-exempted third-country nationals about the different requirements regarding their valid travel authorisation between the transitional and the grace periods as well as the conditions, criteria and procedure to apply for a travel authorisation according to Regulation (EU) 2018/1240.
(3)This Decision is without prejudice to the application of Directive 2004/38/EC of the European Parliament and of the Council 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)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.
(5)This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part. This Decision falls outside the scope of the measures provided for in Council Decision 2002/192/EC. Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.
(6)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, which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC.
(7)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, 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)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 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)As regards Cyprus, Bulgaria and Romania, 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 and Article 4(1) of the 2005 Act of Accession.
(10)The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on 16 September 2021.
(11)The measures provided for in this Decision are in accordance with the opinion of the Smart Borders Committee,
HAS ADOPTED THIS DECISION:
Article 1
Common leaflets for the European Travel Information and Authorisation System
1.The leaflets referred to in Article 83(4) of Regulation (EU) 2018/1240 are set out in the Annexes to this Decision.
2.The leaflet on the transitional period referred to in Article 83(2) of Regulation (EU) 2018/1240 is set out in Annex I.
3.The leaflet on the grace period referred to in Article 83(3) of Regulation (EU) 2018/1240 is set out in Annex II.
Article 2
Addresses
This Decision is addressed to the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden.
Done at Brussels, 22.2.2023
For the Commission
Ylva JOHANSSON
Member of the Commission
ANNEX I
|
INFORMATION FOR TRAVELLERS ON THE ETIAS TRANSITIONAL PERIOD [DATE FROM - TO]
|
What is ETIAS?
The European Travel Information and Authorisation System (ETIAS) provides travellers with the possibility of requesting an ETIAS travel authorisation valid for an unlimited number of entries. It is a new entry requirement for visa-exempt nationals travelling to 30 European countries for a short-stay (a maximum of 90 days in any 180-day period).
While ETIAS aims to facilitate your crossing of the borders of the European countries requiring ETIAS, it does not guarantee entry. You will have to fulfil all entry conditions required by EU law. Border authorities may also request supporting documents in order to verify the fulfilment of those conditions. In addition, your ETIAS travel authorisation must be valid during your entire stay.
To find out if you fall within the category of travellers who will need to apply for an ETIAS travel authorisation, please visit
https://www.europa.eu/etias
[include QR code].
For how long is the ETIAS travel authorisation valid?
The ETIAS travel authorisation is valid for three years or until your travel document’s expiration date, whichever comes first. You need to apply for a new ETIAS travel authorisation if you changed your travel document for any reason.
You will receive an e-mail 120 days before the expiry of your ETIAS travel authorisation informing you of the expiry of the ETIAS travel authorisation and the possibility to submit an application for a new one.
How can I submit an application for an ETIAS travel authorisation?
You can only apply for an ETIAS travel authorisation online at
https://www.europa.eu/etias
and through [mobile app]. Please make sure your name, passport number and other information is correct: if there is any mistake, your ETIAS travel authorisation will not be valid and you will not be allowed to cross the border. You are responsible for the authenticity, completeness, correctness, and reliability of the data you submit and of the statements you make.
The cost of the ETIAS travel authorisation is EUR 7. However, applicants who are under 18 or above 70 years of age, or family members of EU citizens or of nationals of Iceland, Liechtenstein, Norway or Switzerland are exempt from this payment. For more information regarding the status of family members, please visit
https://www.europa.eu/etias
.
In most cases, you will receive a decision within minutes of submitting your application for an ETIAS travel authorisation. It is possible however that processing your application may take up to four days. Exceptionally, the application process may take up to 30 days if you are requested to provide additional information or invited to an interview. Please be informed that actions concerning your application will be communicated to you via e-mail.
What is the transitional period for ETIAS?
Until [date], a transitional period applies. During that period, if you did not apply for an ETIAS travel authorisation, border authorities will nevertheless allow you to cross the external borders, as long as you hold a valid travel document and fulfil all remaining entry conditions.
Being in possession of an ETIAS travel authorisation does not extend the length of your authorised stay. You may consult the following online tool [link] at all times to verify your remaining authorised stay.
After the end of the transitional period, you must apply for an ETIAS travel authorisation before travelling again to any of the European countries requiring ETIAS.
What will happen after the transitional period for ETIAS?
After this transitional period, a grace period will apply.
During the grace period, if you did not apply for an ETIAS travel authorisation and it is the first time you are entering any of the European countries requiring ETIAS since [end date of transitional period], border authorities will exceptionally allow you to cross the external borders as long as you hold a valid travel document and fulfil all remaining entry conditions.
If you do not have an ETIAS travel authorisation and it is not the first time that you are entering any of the European countries requiring ETIAS since [date of the end of transitional period], you will be prevented from travelling or refused entry.
Can someone apply on my behalf?
It is possible for another person or commercial intermediary to submit an application for an ETIAS travel authorisation on your behalf. To do so, both you and the third party will need to sign a declaration of representation. More information about representation of an applicant by the third party can be found on
https://www.europa.eu/etias
.
If you suspect that a commercial intermediary is acting on your behalf without your consent or in an abusive manner, you can report this on
https://www.europa.eu/etias
or through [mobile app].
What happens if my application for an ETIAS travel authorisation is refused or my ETIAS travel authorisation is revoked or annulled?
1.If your application for an ETIAS travel authorisation is refused or your ETIAS travel authorisation is revoked or annulled, you will receive an email notifying you of the grounds for the refusal, revocation or annulment and the contact details of the authority that took the decision.
2.You have the right to appeal this decision. All information required to lodge an appeal, including the national law applicable, the competent authority and the relevant procedure to follow can be found on
https://www.europa.eu/etias
.
3.You may request an ETIAS travel authorisation with limited validity if:
(a)you need to travel due to humanitarian reasons or in order to fulfil important obligations; and
(b)your initial application for an ETIAS travel authorisation is still pending or it has already been refused, or your ETIAS travel authorisation has been annulled or revoked.
Unlike a standard ETIAS travel authorisation, an ETIAS travel authorisation with limited validity does not allow you to travel to all the European countries requiring ETIAS, but only to those that are explicitly defined in your ETIAS travel authorisation. Moreover, it is only valid for a maximum of 90 days as from the date of first entry.
Your data will be stored in the ETIAS system for a limited time, after which they will be automatically deleted
1.If your ETIAS travel authorisation was issued, your ETIAS application file will be stored for three years or until your travel document expires, whichever comes first.
2.However, in order to facilitate a new application after your ETIAS travel authorisation expires, you may consent, through an online tool, for your ETIAS application file to be stored for an additional three years from the end of the validity period. You can withdraw your consent at any time.
3.If your application for an ETIAS travel authorisation was refused or your ETIAS travel authorisation was revoked or annulled, your ETIAS application file will be stored for a maximum of five years from the last decision to refuse, annul or revoke the ETIAS travel authorisation.
In accordance with Regulation (EU) 2018/1240, and in particular Chapters VIII to X, the data submitted with your application will be used for the purposes of border management, including for checks in databases. The European countries requiring ETIAS and Europol may also access them for the purposes of the prevention, detection and investigation of terrorist offences or of other serious criminal offences.
Do you need help?
A contact form is available on
https://www.europa.eu/etias
and [mobile app] for applicants to request assistance or to inform of any problems they have encountered when filling in the ETIAS application form. Additional information on how to apply and on how to request an ETIAS travel authorisation with limited validity can also be found on
https://www.europa.eu/etias
, together with a list of frequently asked questions and answers.
Your data protection rights
You have the following rights:
1.To request access to your data;
2.To request that inaccurate or incomplete data relating to you be rectified or completed; and
3.To request that unlawfully processed personal data that concerns you be erased or that the processing thereof is restricted.
If you want to exercise any of these rights listed above, you should address yourself to the competent authorities referred to in the notification of the decision you have received. You can find the contact details in the consent tool available on
https://www.europa.eu/etias
or [mobile app], where you can also find additional information on your personal data and your rights as a data subject.
ANNEX II
|
INFORMATION FOR TRAVELLERS ON THE ETIAS GRACE PERIOD
[DATE FROM-TO]
|
What is ETIAS?
The European Travel Information and Authorisation System (ETIAS) provides travellers with the possibility of requesting an ETIAS travel authorisation valid for an unlimited number of entries. It is a new entry requirement for visa-exempt nationals travelling to 30 European countries for a short-stay (a maximum of 90 days in any 180-day period).
While ETIAS aims to facilitate your crossing of the borders of the European countries requiring ETIAS, it does not guarantee entry. You will have to fulfil all entry conditions required by EU law. Border authorities may also request supporting documents in order to verify the fulfilment of those conditions. In addition, your ETIAS travel authorisation must be valid during your entire stay.
To find out if you fall within the category of travellers who will need to apply for an ETIAS travel authorisation, please visit
https://www.europa.eu/etias
[include QR code].
For how long is the ETIAS travel authorisation valid?
The ETIAS travel authorisation is valid for three years or until your travel document’s expiration date, whichever comes first. You need to apply for a new ETIAS travel authorisation if you changed your travel document for any reason.
You will receive an e-mail 120 days before the expiry of your ETIAS travel authorisation informing you of the expiry of the ETIAS travel authorisation and the possibility to submit an application for a new one.
How can I submit an application for an ETIAS travel authorisation?
You can only apply for an ETIAS travel authorisation online at
https://www.europa.eu/etias
and through [mobile app]. Please make sure your name, passport number and other information is correct: if there is any mistake, your ETIAS travel authorisation will not be valid and you will not be allowed to cross the border. You are responsible for the authenticity, completeness, correctness, and reliability of the data you submit and of the statements you make.
The cost of the ETIAS travel authorisation is EUR 7. However, applicants who are under 18 or above 70 years of age, or family members of EU citizens or of nationals of Iceland, Liechtenstein, Norway or Switzerland are exempt from this payment. For more information regarding the status of family members, please visit
https://www.europa.eu/etias
.
In most cases, you will receive a decision within minutes of submitting your application for an ETIAS travel authorisation. It is possible however that processing your application may take up to 96 hours (four days). Exceptionally, the application process may take up to 30 days if you are requested to provide additional information or invited to an interview. Please be informed that actions concerning your application will be communicated to you via e-mail.
What will be the grace period for ETIAS?
Until [end date of grace period], a grace period applies. During the grace period, if you did not apply for an ETIAS travel authorisation and it is the first time that you are entering any of the European countries requiring ETIAS since [end date of transitional period], border authorities will exceptionally allow you to cross the external borders as long as you hold a valid travel document and fulfil all remaining entry conditions.
Being in possession of an ETIAS travel authorisation does not extend the length of your authorised stay. You may consult the following online tool [link] at all times to verify your remaining authorised stay.
If you do not have an ETIAS travel authorisation and it is not the first time that you are entering any of the European countries requiring ETIAS since [date of the end of transitional period], you will be prevented from travelling or refused entry.
After the end of the grace period, if you do not have an ETIAS travel authorisation, you will be prevented from travelling or refused entry, regardless of whether you are entering any of the European countries requiring ETIAS for the first time.
Can someone apply on my behalf?
It is possible for another person or commercial intermediary to submit an application for an ETIAS travel authorisation on your behalf. To do so, both you and the third party will need to sign a declaration of representation. More information about representation of an applicant by the third party can be found on
https://www.europa.eu/etias
.
If you suspect that a commercial intermediary is acting on your behalf without your consent or in an abusive manner, you can report this on
https://www.europa.eu/etias
or through [mobile app].
What happens if my application for an ETIAS travel authorisation is refused or my ETIAS travel authorisation is revoked or annulled?
1.If your application for an ETIAS travel authorisation is refused or your ETIAS travel authorisation is revoked or annulled, you will receive an email notifying you of the grounds for the refusal, revocation or annulment and the contact details of the authority that took the decision.
2.You have the right to appeal this decision. All information required to lodge an appeal, including the national law applicable, the competent authority and the relevant procedure to follow can be found on
https://www.europa.eu/etias
.
3.You may request an ETIAS travel authorisation with limited validity if:
(a)you need to travel due to humanitarian reasons or in order to fulfil important obligations; and
(b)your initial application for an ETIAS travel authorisation is still pending or it has already been refused, or your ETIAS travel authorisation has been annulled or revoked.
Unlike a standard ETIAS travel authorisation, an ETIAS travel authorisation with limited validity does not allow you to travel to all the European countries requiring ETIAS, but only to those that are explicitly defined in your ETIAS travel authorisation. Moreover, it is only valid for a maximum of 90 days as from the date of first entry.
Your data will be stored in the ETIAS system for a limited time, after which they will be automatically deleted
1.If your ETIAS travel authorisation was issued, your ETIAS application file will be stored for three years or until your travel document expires, whichever comes first.
2.However, in order to facilitate a new application after your ETIAS travel authorisation expires, you may consent, through an online tool, for your ETIAS application file to be stored for an additional three years from the end of the validity period. You can withdraw your consent at any time.
3.If your application for an ETIAS travel authorisation was refused, or your ETIAS travel authorisation was revoked or annulled, your ETIAS application file will be stored for a maximum of five years from the last decision to refuse, annul or revoke the ETIAS travel authorisation.
In accordance with Regulation (EU) 2018/1240, and in particular Chapters VIII to X, the data submitted with your application will be used for the purposes of border management, including for checks in databases. The European countries requiring ETIAS and Europol may also access them for the purposes of the prevention, detection and investigation of terrorist offences or of other serious criminal offences.
Do you need help?
A contact form is available on
https://www.europa.eu/etias
and [mobile app] for applicants to request assistance or to inform of any problems they have encountered when filling in the ETIAS application form. Additional information on how to apply and on how to request an ETIAS travel authorisation with limited validity can also be found on
https://www.europa.eu/etias
, together with a list of frequently asked questions and answers.
Your data protection rights
You have the following rights:
1.To request access to your data;
2.To request that inaccurate or incomplete data relating to you be rectified or completed; and
3.To request that unlawfully processed personal data that concerns you be erased or that the processing thereof is restricted.
If you want to exercise any of these rights listed above, you should address yourself to the competent authorities referred to in the notification of the decision you have received. You can find the contact details in the consent tool available on
https://www.europa.eu/etias
or [mobile app], where you can also find additional information on your personal data and your rights as a data subject.
