Regulation 2018/1240 - European Travel Information and Authorisation System (ETIAS) - EU monitor

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Regulation 2018/1240 - European Travel Information and Authorisation System (ETIAS)

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1.

Current status

This regulation has been published on September 19, 2018 and entered into force on October  9, 2018.

2.

Key information

official title

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
 
Legal instrument Regulation
Number legal act Regulation 2018/1240
Original proposal COM(2016)731 EN
CELEX number i 32018R1240

3.

Key dates

Document 12-09-2018; Date of signature
Publication in Official Journal 19-09-2018; OJ L 236 p. 1-71
Effect 01-01-1001; Application See Art 96
09-10-2018; Entry into force Date pub. +20 See Art 96
09-10-2018; Application See Art 96
Deadline 01-01-1001; See Art 83.1
01-01-1001; See Art 92.4
01-01-1001; See Art 92.5
10-04-2019; See Art 92.2
08-10-2023; See Art 89.2
End of validity 31-12-9999

4.

Legislative text

19.9.2018   

EN

Official Journal of the European Union

L 236/1

 

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty of the Functioning of the European Union, and in particular points (b) and (d) of Article 77(2) and point (a) of Article 87(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

 

(1)

The Communication of the Commission of 6 April 2016 entitled ‘Stronger and Smarter Information Systems for Borders and Security’ outlined the need for the Union to strengthen and improve its IT systems, data architecture and information exchange in the area of border management, law enforcement and counter-terrorism. It emphasises the need to improve the interoperability of information systems. Importantly, it sets out possible options for maximising the benefits of existing information systems and, if necessary, developing new and complementary ones to address still existing information gaps.

 

(2)

Indeed, the Communication of 6 April 2016 identified a series of information gaps. Among them are the fact that border authorities at external Schengen borders have no information on travellers exempt from the requirement of being in possession of a visa when crossing the external borders (‘the visa requirement’). The Communication of 6 April 2016 announced that the Commission was to launch a study on the feasibility of establishing a European Travel Information and Authorisation System (ETIAS). The feasibility study was completed in November 2016. The system would determine the eligibility of visa-exempt third-country nationals prior to their travel to the Schengen Area, and whether such travel poses a security, illegal immigration or high epidemic risk.

 

(3)

The Communication of 14 September 2016‘Enhancing security in a world of mobility: improved information exchange in the fight against terrorism and stronger external borders’ confirms the priority of securing external borders and presents concrete initiatives to accelerate and broaden the Union’s response in continuing to strengthen the management of external borders.

 

(4)

It is necessary to specify the objectives of ETIAS, to define its technical and organisational architecture, to lay down rules concerning the operation and the use of the data to be entered into the system by the applicant and rules on the issue or refusal of the travel authorisations, to lay down the purposes for which the data are to be processed, to identify the authorities authorised to access the data and to ensure the protection of personal data.

 

(5)

ETIAS should apply to third-country nationals who are exempt from the visa requirement.

 

(6)

It should also apply to third-country nationals who are exempt from the visa requirement who are family members of a Union citizen to whom Directive 2004/38/EC of the European Parliament and of the Council (3) applies or of a national of a third country enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States on the one hand and a third country on the other and who do not hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Council Regulation (EC) No 1030/2002 (4). Article 21(1) of the Treaty on the Functioning of the European Union (TFEU) stipulates...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

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7.

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