Introductory text
United Kingdom
Commission Delegated Decision (EU) 2019/971
of 26 February 2019
on the definition of the requirements of the secure account service pursuant to Article 6(4) of Regulation (EU) 2018/1240 of the European Parliament and of the Council, enabling applicants to provide any additional information or documentation required
(Text with EEA relevance)
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) 2017/2226f1, and in particular Article 6(4) thereof,
Whereas:
(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 laid down the conditions and procedures to issue or refuse a travel authorisation.
(2)
ETIAS National Units manually processing of ETIAS applications may request applicants to provide additional documentation or information. This Decision should set out conditions on how the applicants can provide those additional documents or information using a dedicated tool.
(3)
The secure account service should be accessible through the dedicated public website and the app for mobile devices and through a secure link.
(4)
The secure account service should enable confirming the identity of the applicant and ensure secure access to the tool. It is therefore necessary to set out the authentication requirements, including the provision of a unique code to the applicant.
(5)
It is also necessary to set out the procedure for the submission of additional information or documentation as well as outputs of the secure account service.
(6)
Applicants should be able to submit additional information or documentation at any time, within the time allocated according to Article 27(2) or Article 44(3) from the receipt of the request for additional information or documentation. Applicants should be able to save and resume their progress within that time limit. After those deadlines have passed, applicants should no longer have access to the secure account service.
(7)
The communication channels of the secure account service with the ETIAS Central System should be set out. Furthermore, the message format, standards and protocols as well as the security requirements should be established.
(8)
In accordance with Articles 1 and 2 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 did not take part in the adoption of Regulation (EU) 2017/2226 and is not bound by it or subject to its application. However, given that Regulation (EU) 2018/1240 builds upon the Schengen acquis, Denmark notified on 21 December 2018, in accordance with Article 4 of that Protocol, its decision to implement Regulation (EU) 2018/1240 in its national law.
(9)
This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/ECf2; the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.
(10)
This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/ECf3; Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.
(11)
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 f4, which fall within the area referred to in Article 1, point A of Council Decision 1999/437/ECf5.
(12)
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 f6, 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/ECf7.
(13)
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 f8 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/EUf9.
(14)
The European Data Protection Supervisor was consulted on 28 January 2019 and delivered an opinion on 8 February 2019,
HAS ADOPTED THIS DECISION:
Annotations
Footnotes
- f1
- f2
-
Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).
- f3
-
Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).
- f4
- f5
-
Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application 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 (OJ L 176, 10.7.1999, p. 31).
- f6
- f7
-
Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, 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 (OJ L 53, 27.2.2008, p. 1).
- f8
- f9
-
Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, 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, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).