Chapter I, Article 2 · Regulation (EU) 2018/1240

Contents

Article 2Scope#

1.This Regulation applies to the following categories of third-country nationals:

(a)nationals of third countries listed in Annex II to Council Regulation (EC) No 539/2001^note who are exempt from the visa requirement for intended stays in the territory of the Member States of a duration of no more than 90 days in any 180-day period;

(b)persons who, pursuant to Article 4(2) of Regulation (EC) No 539/2001, are exempt from the visa requirement for intended stays in the territory of the Member States of a duration of no more than 90 days in any 180-day period;

(c)third-country nationals who are exempt from the visa requirement and who fulfil the following conditions:

(i)they are family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States on the one hand and a third country on the other; and

(ii)they do not hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Regulation (EC) No 1030/2002.

2.This Regulation does not apply to:

(a)refugees or stateless persons or other persons who do not hold the nationality of any country who reside in a Member State and who are holders of a travel document issued by that Member State;

(b)third-country nationals who are family members of a Union citizen to whom Directive 2004/38/EC applies and who hold a residence card pursuant to that Directive;

(c)third-country nationals who are family members of a third-country national enjoying a right of free movement equivalent to that of Union citizens, under an agreement between the Union and its Member States on the one hand and a third country on the other, and who hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Regulation (EC) No 1030/2002;

(d)holders of residence permits referred to in point 16 of Article 2 of Regulation (EU) 2016/399;

(e)holders of uniform visas;

(f)holders of national long-stay visas;

(g)nationals of Andorra, Monaco and San Marino and holders of a passport issued by the Vatican City State or the Holy See;

(h)nationals of third countries who are holders of a local border traffic permit issued by the Member States pursuant to Regulation (EC) No 1931/2006 of the European Parliament and of the Council^note when such holders exercise their right within the context of the Local Border Traffic regime;

(i)persons or categories of persons referred to in points (a) to (f) of Article 4(1) of Regulation (EC) No 539/2001;

(j)third-country nationals holding diplomatic or service passports who have been exempted from the visa requirement pursuant to an international agreement concluded by the Union and a third country;

(k)persons who are subject to a visa requirement pursuant to Article 4(3) of Regulation (EC) No 539/2001;

(l)third-country nationals exercising their right to mobility in accordance with Directive 2014/66/EU^note or (EU) 2016/801^note of the European Parliament and of the Council.

Defined terms · 27

Show every defined term

app for mobile devices
means a software application designed to run on mobile devices such as smartphones and tablet computers;
applicant
means any third-country national referred to in Article 2 who has submitted an application for a travel authorisation;
border authority
means the border guard assigned in accordance with national law to carry out border checks as defined in point 11 of Article 2 of Regulation (EU) 2016/399;
CIR
means the common identity repository established by Article 17(1) of Regulation (EU) 2019/817;
consulate
means a Member State’s diplomatic mission or a Member State’s consular post as defined by the Vienna Convention on Consular Relations of 24 April 1963;
designated authority
means an authority designated by a Member State pursuant to Article 50 as responsible for the prevention, detection or investigation of terrorist offences or of other serious criminal offences;
electronically signed
means the confirmation of agreement through the ticking of an appropriate box in the application form or the request for consent;
ESP
means the European search portal established by Article 6(1) of Regulation (EU) 2019/817;
Europol data
means personal data processed by Europol for the purpose referred to in point (a) of Article 18(2) of Regulation (EU) 2016/794;
external borders
means the external borders as defined in point 2 of Article 2 of Regulation (EU) 2016/399;
high epidemic risk
means any disease with epidemic potential as defined by the International Health Regulations of the World Health Organization (WHO) or the European Centre for Disease Prevention and Control (ECDC) and other infectious diseases or contagious parasitic diseases if they are the subject of protection provisions applying to nationals of the Member States;
hit
means the existence of a correspondence established by comparing the personal data recorded in an application file of the ETIAS Central System with the specific risk indicators referred to in Article 33 or with the personal data present in a record, file or alert registered in the ETIAS Central System, in another EU information system or database listed in Article 20(2) (‘EU information systems’), in Europol data or in an Interpol database queried by the ETIAS Central System;
identity data
means the data referred to in points (a), (b) and (c) of Article 17(2);
illegal immigration risk
means the risk of a third-country national not fulfilling the conditions of entry and stay as set out in Article 6 of Regulation (EU) 2016/399;
immigration authority
means the competent authority responsible, in accordance with national law, for one or more of the following:
law enforcement
means the prevention, detection or investigation of terrorist offences or other serious criminal offences;
minor
means a third-country national or a stateless person below the age of 18 years;
other EU information systems
means the Entry/Exit System (‘EES’), established by Regulation (EU) 2017/2226, the Visa Information System (‘VIS’), established by Regulation (EC) No 767/2008 of the European Parliament and of the Council, the Schengen Information System (‘SIS’), established by Regulations (EU) 2018/1860, (EU) 2018/1861 and (EU) 2018/1862 of the European Parliament and of the Council, Eurodac, established by Regulation (EU) No 603/2013 of the European Parliament and of the Council and the European Criminal Record Information System – Third-Country Nationals (‘ECRIS-TCN’), established by Regulation (EU) 2019/816 of the European Parliament and of the Council
overstayer
means a third-country national who does not fulfil, or no longer fulfils the conditions relating to the duration of a short stay on the territory of the Member States;
second line check
means a second line check as defined in point 13 of Article 2 of Regulation (EU) 2016/399;
security risk
means the risk of a threat to public policy, internal security or international relations for any of the Member States;
serious criminal offence
means an offence which corresponds or is equivalent to one of the offences referred to in Article 2(2) of Framework Decision 2002/584/JHA, if it is punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years;
short stay
means stays in the territory of the Member States within the meaning of Article 6(1) of Regulation (EU) 2016/399;
terrorist offence
means an offence which corresponds or is equivalent to one of the offences referred to in Directive (EU) 2017/541;
travel authorisation
means a decision issued in accordance with this Regulation which is required for third-country nationals referred to in Article 2(1) of this Regulation to fulfil the entry condition laid down in point (b) of Article 6(1) of Regulation (EU) 2016/399 and which indicates:
travel document
means a passport or other equivalent document entitling the holder to cross the external borders and to which a visa may be affixed;
travel document data
means the data referred to in points (d) and (e) of Article 17(2) and the three letter code of the country issuing the travel document as referred to in point (c) of Article 19(3);