Regulation (EU) 2018/1240 of the European Parliament and of the CouncilShow full title

CHAPTER XV U.K. AMENDMENTS TO OTHER UNION INSTRUMENTS

Article 78 U.K. Amendment to Regulation (EU) No 1077/2011

The following article is inserted in Regulation (EU) No 1077/2011:

‘Article 5b Tasks relating to ETIAS

In relation to ETIAS, the Agency shall perform the tasks conferred on it by Article 73 of Regulation (EU) 2018/1240 of the European Parliament and of the Council(1).’.

Article 79 U.K. Amendment to Regulation (EU) No 515/2014

In Article 6 of Regulation (EU) No 515/2014, the following paragraph is inserted:

‘3a. During the development phase of the European Travel Information and Authorisation System (ETIAS), Member States shall receive an additional allocation of EUR 96,5 million to their basic allocation and shall devote this funding entirely to ETIAS to ensure its quick and effective development consistent with the implementation of the ETIAS Central System, as established in Regulation (EU) 2018/1240 of the European Parliament and of the Council(2).’.

Article 80 U.K. Amendments to Regulation (EU) 2016/399

Regulation (EU) 2016/399 is amended as follows:

(1)

Article 6(1) is amended as follows:

(a)

point (b) is replaced by the following:

‘(b)

they are in a possession of a valid visa if required pursuant to Council Regulation (EC) No 539/2001(3) or of a valid travel authorisation if required pursuant to Regulation (EU) 2018/1240 of the European Parliament and of the Council(4), except where they hold a valid residence permit or a valid long-stay visa;’;

(b)

the following subparagraphs are added:

‘For a transitional period established pursuant to Article 83(1) and (2) of Regulation (EU) 2018/1240, the use of the European Travel Information and Authorisation System (ETIAS) shall be optional and the requirement to be in possession of a valid travel authorisation set out in point (b) of the first subparagraph of this paragraph shall not apply. Member States shall inform third-country nationals subject to the travel authorisation requirement crossing the external borders of the requirement to have a valid travel authorisation from the expiry of the transitional period. For this purpose, Member States shall distribute a common leaflet to this category of travellers as referred to in Article 83(2) of Regulation (EU) 2018/1240.

During a grace period established pursuant to Article 83(3) of Regulation (EU) 2018/1240 the border authorities shall exceptionally allow third-country nationals subject to the travel authorisation requirement who are not in possession of a travel authorisation to cross the external borders where they fulfil all the remaining conditions of this Article, provided that they are crossing the external borders of the Member States for the first time since the end of the transitional period referred to in Article 83(1) and (2) of Regulation (EU) 2018/1240. Border authorities shall inform such third-country nationals of the requirement to be in possession of a valid travel authorisation in accordance with this Article. For this purpose, the border authorities shall distribute to these travellers a common leaflet as referred to in Article 83(3) of Regulation (EU) 2018/1240 informing them that they are exceptionally allowed to cross the external borders while not fulfilling the obligation to be in possession of a valid travel authorisation and explaining that obligation.’.

(2)

Article 8(3) is amended as follows:

(a)

[X1 in point (a), point (ii) is replaced by the following:

‘(ii)

verification that the travel document is accompanied, where applicable, by the requisite visa, travel authorisation or residence permit;’ ]

(b)

the following point is inserted:

‘(ba) if the third-country national holds a travel authorisation referred to in point (b) of Article 6(1) of this Regulation the thorough checks on entry shall also comprise the verification of the authenticity, validity and status of the travel authorisation and, if applicable, of the identity of the holder of the travel authorisation through consultation of ETIAS in accordance with Article 47 of Regulation (EU) 2018/1240. Where it is technically impossible to proceed with the consultation or to perform the search that are referred to in Article 47(1) and (2) of Regulation (EU) 2018/1240, Article 48(3) of that Regulation shall apply.’.

(3)

In Annex V, Part B, in the standard form for refusal of entry at the border, point (C) in the list of reasons for refusal is replaced by the following:

‘(C)

has no valid visa, travel authorisation or residence permit.’.

Editorial Information

X1 Substituted by Corrigendum 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 (Official Journal of the European Union L 236 of 19 September 2018).

Article 81 U.K. Amendments to Regulation (EU) 2016/1624

Regulation (EU) 2016/1624 is amended as follows:

(1)

In Article 8(1), the following point is inserted:

‘(qa) fulfil the tasks and obligations entrusted to the European Border and Coast Guard Agency referred to in Regulation (EU) 2018/1240 of the European Parliament and of the Council(5) and ensure the setting up and operation of the ETIAS Central Unit in accordance with Article 7 of that Regulation.’.

(2)

In Chapter II, the following Section is added:

‘Section 5 U.K. ETIAS

Article 33a Establishment of the ETIAS Central Unit

1. An ETIAS Central Unit is hereby established.

2. The European Border and Coast Guard Agency shall ensure the setting-up and operation of an ETIAS Central Unit pursuant to Article 7 of Regulation (EU) 2018/1240 of the European Parliament and of the Council(6).’.

Article 82 U.K. Amendment to Regulation (EU) 2017/2226

In Article 64 of Regulation (EU) 2017/2226, the following paragraph is added:

‘5. Funding to be mobilised from the envelope referred to in point (b) of Article 5(5) of Regulation (EU) No 515/2014 to cover the costs referred to in paragraphs 1 to 4 of this Article shall be implemented under indirect management for the costs incurred by eu-LISA and under shared management for the costs incurred by the Member States.’.

(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 (OJ L 236, 19.9.2018, p. 1).’.

(2)

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 (OJ L 236, 19.9.2018, p. 1).’.

(3)

Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

(4)

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 (OJ L 236, 19.9.2018, p. 1).’;

(5)

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 (OJ L 236, 19.9.2018, p. 1).’.

(6)

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 (OJ L 236, 19.9.2018, p. 1).’.