BAKGRUNN (fra kommisjonsforordningen)

(1) Regulation (EU) 2018/1240 establishes 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 Articles 18 and 24 of Regulation (EU) 2018/1240, in order to compensate for the costs of the operations and maintenance of ETIAS, applicants are, in principle, required to pay a fee. 

(3) It is therefore necessary to determine the payment methods to be used and the process for collecting the travel authorisation fee. 

(4) The collection of the travel authorisation fee should be carried out by a payment service provider selected on the basis of a procurement procedure. 

(5) As a means to accommodate the geographical diversity of applicants and the varying availability of payment methods across the globe, the payment service provider should accept a wide range of payment methods for the payment of the travel authorisation fee by third-country nationals referred to in Article 2(1) of Regulation (EU) 2018/1240. 

(6) To carry out the payment of the travel authorisation fee in a secure manner and to reduce, to the maximum extent possible, the risk of fraud, payment transactions and the payment methods used should adhere strictly to the provisions contained in Directive (EU) 2015/2366 and Commission Delegated Regulation (EU) 2018/389. 

(7) In order to ensure that the payment of the travel authorisation fee can be linked to a specific application, a temporary identifier for the application file referred to in Chapter III of Regulation (EU) 2018/1240 should be communicated by the ETIAS Information System to the payment service provider upon the triggering of the payment process. 

(8) To safeguard the personal data of applicants for an ETIAS travel authorisation, the payment service provider should not request any information from applicants other than the payment information necessary for the successful payment of the travel authorisation fee. 

(9) Following the successful payment of the travel authorisation fee by the applicant, the payment service provider should make available the unique reference number of the payment referred to in Article 19(3), point (e), of Regulation (EU) 2018/1240 to the ETIAS Information System together with the temporary identifier for the application file, so the ETIAS Information System can verify, in accordance with Article 19(1) of Regulation (EU) 2018/1240, whether an application should be deemed admissible. 

(10) For the purpose of ensuring an accurate reconciliation of payments, the Commission should receive from the European Agency for the Operational Management of LargeScale IT Systems in the Area of Freedom, Security and Justice (‘eu-LISA’) and the payment service provider the total number of successful payments completed and their unique reference numbers. 

(11) 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 Regulation. 

(12) This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC. Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application. 

(13) As regards Iceland and Norway, this Regulation 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 acquis, which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC. 

(14) As regards Switzerland, this Regulation 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, 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/EC. 

(15) As regards Liechtenstein, this Regulation 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 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. 

(16) This Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 3(1) of the 2003 Act of Accession. 

(17) 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 Council11 and delivered an opinion on 27 April 2021,