Regulation (EU) 2018/1240 of the European Parliament and of the CouncilDangos y teitl llawn

CHAPTER II U.K. APPLICATION

Article 15 U.K. Practical arrangements for submitting an application

1. Applicants shall submit an application by filling in the online application form via the dedicated public website or via the app for mobile devices sufficiently in advance of any intended travel, or, if they are already present on the territory of Member States, before the expiry of an existing travel authorisation they hold.

2. Holders of a travel authorisation may submit an application for a new travel authorisation from 120 days before the expiry of the travel authorisation.

120 days before the expiry of the travel authorisation, the ETIAS Central System shall automatically inform the holder of that travel authorisation via the email service of:

(a) the expiry date of the travel authorisation;

(b) the possibility to submit an application for a new travel authorisation;

(c) the obligation to be in possession of a valid travel authorisation for the entire duration of a short stay on the territory of Member States.

3. All notifications to the applicant for the purpose of his or her application for a travel authorisation shall be sent to the email address provided by the applicant in the application form as referred to in point (g) of Article 17(2).

4. Applications may be submitted by the applicant or by a person or a commercial intermediary authorised by the applicant to submit the application on his or her behalf.

5. The Commission shall, by means of an implementing act, create a form allowing abuses by the commercial intermediaries referred to in paragraph 4 of this Article to be reported. This form shall be made accessible via the dedicated public website or via the app for mobile devices referred to in paragraph 1 of this Article. Such completed forms shall be sent to the ETIAS Central Unit which shall take appropriate action, including by regularly reporting to the Commission. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 90(2).

Article 16 U.K. The public website and the app for mobile devices

1. The public website and the app for mobile devices shall enable third-country nationals subject to the travel authorisation requirement to submit a travel authorisation application, to provide the data required in the application form in accordance with Article 17 and to pay the travel authorisation fee.

2. The public website and the app for mobile devices shall make the application form widely available and easily accessible to applicants free of charge. Specific attention shall be paid to the accessibility of the public website and the app for mobile devices for persons with disabilities.

3. The public website and the app for mobile devices shall be available in all the official languages of the Member States.

4. Where the official language(s) of the countries listed in Annex II to Regulation (EC) No 539/2001 do not correspond to the languages referred to in paragraph 3, factsheets with explanatory information concerning ETIAS, the application procedure, the use of the public website and the app for mobile devices as well as a step-by-step guide to the application shall be made available by eu-LISA on the public website and on the app for mobile devices in at least one of the official languages of the countries referred to. Where any such country has more than one official language, such factsheets shall only be necessary if none of those languages correspond to the languages referred to in paragraph 3.

5. The public website and the app for mobile devices shall inform applicants of the languages which may be used when filling in the application form.

6. The public website and the app for mobile devices shall provide the applicant with an account service enabling applicants to provide additional information or documentation, where required.

7. The public website and the app for mobile devices shall inform applicants of their right to an appeal under this Regulation if a travel authorisation is refused, revoked or annulled. To this end, they shall contain information about the national law applicable, the competent authority, how to lodge an appeal, the time limit for lodging an appeal and information as to any assistance that may be provided by the national data protection authority.

8. The public website and the app for mobile devices shall enable applicants to indicate that the purpose of their intended stay relates to humanitarian grounds or international obligations.

9. The public website shall contain the information referred to in Article 71.

10. The Commission shall, by means of implementing acts, adopt detailed rules on the operation of the public website and the app for mobile devices, and detailed rules on data protection and security applicable to the public website and the app for mobile devices. Those detailed rules shall be based on information security risk management and on principles of data protection by design and by default. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 90(2).

Article 17 U.K. Application form and personal data of the applicant

1. Each applicant shall submit a completed application form including a declaration of the authenticity, completeness, correctness and reliability of the data submitted and a declaration of the veracity and reliability of the statements made. Each applicant shall also state that he or she has understood the conditions for entry referred to in Article 6 of Regulation (EU) 2016/399 and that he or she may be requested to provide the relevant supporting documents at each entry. Minors shall submit an application form electronically signed by a person exercising permanent or temporary parental authority or legal guardianship.

2. The applicant shall provide the following personal data in the application form:

[F1 (a) surname (family name), first name(s) (given name(s)), surname at birth; date of birth, place of birth, sex, current nationality;]

[F2 (aa) country of birth, first name(s) of the parents of the applicant;]

(b) other names (alias(es), artistic name(s), usual name(s)), if any;

(c) other nationalities, if any;

(d) type, number and country of issue of the travel document;

(e) the date of issue and the date of expiry of the validity of the travel document;

(f) the applicant’s home address or, if not available, his or her city and country of residence;

(g) email address and, if available, phone numbers;

(h) education (primary, secondary, higher or none);

(i) current occupation (job group); where the application is subject to the manual processing in accordance with the procedure laid down in Article 26, the Member State responsible may in accordance with Article 27 request that the applicant provide additional information concerning his or her exact job title and employer or, for students, the name of their educational establishment;

(j) Member State of first intended stay, and optionally, the address of first intended stay;

(k) for minors, surname and first name(s), home address, email address and, if available, phone number of the person exercising parental authority or of the applicant’s legal guardian;

(l) where he or she claims the status of family member referred to in point (c) of Article 2(1):

(i)

his or her status of family member;

(ii)

the surname, first name(s), date of birth, place of birth, country of birth, current nationality, home address, email address and, if available, phone number of the family member with whom the applicant has family ties;

(iii)

his or her family ties with that family member in accordance with Article 2(2) of Directive 2004/38/EC;

(m) in the case of applications filled in by a person other than the applicant, the surname, first name(s), name of firm, organisation if applicable, email address, mailing address and phone number if available of that person; relationship to the applicant and a signed representation declaration.

3. The applicant shall choose his or her current occupation (job group) from a predetermined list. The Commission shall adopt delegated acts in accordance with Article 89 to lay down this predetermined list.

4. In addition, the applicant shall provide answers to the following questions:

(a) whether he or she has been convicted of any criminal offence listed in the Annex over the previous 10 years and in the case of terrorist offences, over the previous 20 years, and if so when and in which country;

(b) whether he or she has stayed in a specific war or conflict zone over the previous 10 years and the reasons for the stay;

(c) whether he or she has been the subject of any decision requiring him or her to leave the territory of a Member State or of any third countries listed in Annex II to Regulation (EC) No 539/2001 or whether he or she was subject to any return decision issued over the previous 10 years.

5. The Commission shall adopt delegated acts in accordance with Article 89 specifying the content and format of the questions referred to in paragraph 4 of this Article. The content and format of those questions shall enable applicants to give clear and precise answers.

6. Where the applicant answers affirmatively to any of the questions referred to in paragraph 4, he or she shall be required to provide answers to an additional set of predetermined questions on the application form by selecting from a predetermined list of answers. The Commission shall adopt delegated acts in accordance with Article 89 to lay down the content and format of those additional questions and the predetermined list of answers to those questions.

7. The data referred to in paragraphs 2 and 4 shall be introduced by the applicant in Latin alphabet characters.

8. On submission of the application form, the ETIAS Information System shall collect the IP address from which the application form was submitted.

9. The Commission shall, by means of implementing acts, define the requirements concerning the format of the personal data referred to in paragraphs 2 and 4 of this Article to be inserted in the application form as well as parameters and verifications to be implemented for ensuring the completeness of the application and the coherence of those data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 90(2).

Textual Amendments

F1 Substituted by Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA.

F2 Inserted by Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA.

Article 18 U.K. Travel authorisation fee

1. A travel authorisation fee of EUR 7 shall be paid by the applicant for each application.

2. The travel authorisation fee shall be waived for applicants under 18 years or above 70 years of age at the time of the application.

3. The travel authorisation fee shall be charged in euros.

4. The Commission shall adopt delegated acts in accordance with Article 89 on the payment methods and process for the travel authorisation fee and on changes to the amount of that fee. Changes to the amount shall take into account any increase in the costs referred to in Article 85.