It remains to be seen how ETIAS will affect the Schengen Area and its functioning. However, it is important to note that ETIAS is a visa waiver system and not a visa.
ETIAS (European Travel Information and Authorization System) is a new electronic visa waiver system to be implemented by the European Union (EU) in the near future. It is designed to increase border security and reduce the risk of terrorism, crime and illegal immigration within the EU.
The legal basis for ETIAS is Regulation (EU) 2018/1240 of the European Parliament and of the Council, which was approved on 12/08/2018. ETIAS will apply to third-country nationals who are not required to obtain a visa to enter the EU for short stays (up to 90 days) for tourism, business or transit purposes.
Who will be required to obtain an ETIAS?
Third-country nationals who are exempt from the EU short-stay visa requirement will be required to obtain an ETIAS Europe before traveling to the EU. This includes citizens of the following countries:
- Albania
- Andorra
- Antigua and Barbuda
- Argentina
- Australia
- Bahamas
- Barbados
- Bosnia and Herzegovina
- Brazil
- Brunei
- Canada
- Chile
- Colombia
- Costa Rica
- Dominica
- Redeemer
- Georgia
- Grenada
- Guatemala
- Honduras
- Israel
- Japan
- Chuang
- Malaysia
- Marshall Islands
- Mauritius
- Mexico
- Micronesia
- Moldova
- Monaco
- Montenegro
- New Zeland
- Nicaragua
- North Macedonia
- Panama
- Paraguay
- PERU
- St. Kitts and Nevis
- Saint Lucia
- Saint Vincent and the Grenadines
- Samoa
- San Marino
- Serbia
- Seychelles
- Singapore
- Solomon Islands
- South Korea
- Taiwan (passports issued by the Ministry of Foreign Affairs in Taiwan containing an identity card number)
- Timor read
- Tonga
- Trinidad and Tobago
- Tuvalu
- Ukraine
- United Arab Emirates
- United States
- uruguay
- Vanuatu
- Vatican City
Rights and obligations of ETIAS holders
ETIAS holders will have the right to travel to the EU for short stays (up to 90 days) for tourism, business or transit purposes. They will also have the right to move freely within the Schengen area, which includes 26 EU countries (22 EU member states and 4 non-EU countries) that have abolished passports and other types of border controls at their mutual borders.
However, ETIAS holders will have several obligations, including:
- Complying with the laws and regulations of the EU member states they visit
- Notifying the authorities of any change in personal circumstances that may affect their ETIAS authorization (eg change of name, nationality, passport)
- Notifying the authorities if you lose your passport or ETIAS authorisation
- Leaving the EU before the end of the authorized stay
Refusal, revocation and invalidity of ETIAS
- ETIAS can be refused if the applicant poses a threat to public policy, security or health, or if the applicant has provided false or incomplete information on the ETIAS application.
- The ETIAS can be revoked if the circumstances that led to the granting of the ETIAS no longer apply or if the holder poses a new threat to public policy, security or health. ETIAS can also be invalidated if the passport it is linked to expires or is lost or stolen.
- In case of rejection, revocation or invalidation of the ETIAS, the holder will be informed about the decision and its reasons and will have the right to appeal the decision to the competent authorities. The holder will also have the right to be represented by an attorney or other representative in the appeal process.
Impact of ETIAS on borderless travel in the Schengen area
Every year, millions of travelers from all over the world use the Schengen visa to visit the EU for tourism, business or other purposes. In 2020, a total of 20.3 million Schengen visas were issued by EU Member States, an increase of 1.4% compared to 2019. The top 5 countries of nationality of Schengen visa applicants were Russia, Ukraine, China, India and Turkey.
The implementation of ETIAS has raised concerns about its potential impact on the border-free Schengen Area, which includes 26 EU countries that have abolished passports and other types of border checks at their mutual borders. The Schengen area is one of the most important achievements of the EU, as it allows the free movement of people within its borders, promotes economic and cultural exchange and increases cooperation between law enforcement agencies.
Independent voices have argued that ETIAS could undermine the principles of the Schengen area by reintroducing border controls and requiring travelers to obtain an authorization before entering the EU. They also argued that ETIAS will not necessarily increase the security of the Schengen area, but will limit the border-free travel of millions of Schengen tourists each year. A significant increase in border control and waiting times can be anticipated.
The advantage of such a law should be closely watched and weighed against the disadvantages for all travelers seeking to participate in the new visa waiver program.
Conclusion
It remains to be seen how ETIAS will affect the Schengen Area and its functioning. However, it is important to note that ETIAS is a visa waiver system and not a visa, and that it will only apply to third-country nationals who are already exempt from the short-stay visa requirement in the EU. ETIAS will not change visa requirements for third-country nationals who are required to obtain a visa before traveling to the EU.
