BAKGRUNN (fra kommisjonsforordningen)

(1) Regulation (EU) 2018/1240 established the European Travel Information and Authorisation System (‘ETIAS’) applicable to visa-exempt third-country nationals seeking to enter the territory of the Member States.

(2) Pursuant to that Regulation, where a third country national submits an application for a travel authorisation and the application is deemed valid, the ETIAS Central System is to create an application file. The Central System is then to query the other EU information systems, as defined in Article 3(1), point (28), of Regulation (EU) 2018/1240, to verify whether there is a correspondence between the data contained in the application file with the data present in a record, alert or file of the other EU information systems.

(3) The use of application file data to query data in the other EU information systems consulted would trigger a great number of hits that require manual verification. To limit the burden that such situation represents for persons whose data is registered in the other EU information systems, the national authorities and Union agencies, it is necessary to specify rules that will help facilitate the querying of data through automatic processing in the other EU information systems consulted.

(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/EC3. 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 acquis4, which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC5.

(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 acquis6, 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/EC7.

(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 acquis8, 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/EU9.

(9) As regards Cyprus, Bulgaria and Romania, this Decision constitutes an act building on, 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 Council10 and delivered an opinion on 22 September.