BAKGRUNN (fra kommisjonsbeslutningen)

(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) As part of the ETIAS application form to be completed by each applicant, applicants should provide information related to their criminal convictions, their stays in specific war or conflict zones and decisions requiring them to leave the territory or to return, as well as related additional questions. This Decision should specify the content and format of the questions on those points.

(3) Where applicants answer affirmatively to any of the questions referred to above, they will be required to provide answers to an additional set of predetermined questions. This Decision should also lay down the content and format of related additional sets of questions and answers. For the latter, the applicant should choose answers from a predetermined list of answers.

(4) The list related to a stay in a specific war or conflict zone should be based on reliable and commonly recognised data reported on subnational-level specific war or conflict zones. To that end, the list should be established on the basis of data published by independent and internationally recognised institutes dedicated to the distribution of knowledge about the emergence, course and settlement of political conflicts.

(5) The application forms should be designed so as to ensure that family members of a Union citizen to whom Directive 2004/38/EC of the European Parliament and of the Council (2) 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 should not reply to questions that relate to decision(s) requiring them to leave the territory or to return.

(6) This Decision is without prejudice to the application of Directive 2004/38/EC 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 (3).

(7) 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.

(8) This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(9) 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 latter’s association with the implementation, application and development of the Schengen acquis (5), which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC (6).

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

(11) 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 (9), 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 (10).

(12) 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.

(13) The European Data Protection Supervisor was consulted on 7 July 2022 and delivered an opinion on 3 August 2022,