Commission Delegated Decision (EU) 2022/1612 of 16 February 2022 specifying the content and format of the predetermined list of options to be used to request additional information or documentation pursuant to Article 27(3) of Regulation (EU) 2018/1240 of the European Parliament and of the Council

• CELEX: Delegated Decision (EU) 2022/1612
• Articles: 6

Article 1 Subject matter

This Decision establishes the content and format of the predetermined list of options to be used by the ETIAS National Units to request additional information or documentation pursuant to Article 27(3) and Article 44(3) of Regulation (EU) 2018/1240.

Article 2 Content of the predetermined list of options for requesting additional information or documentation

1.   The content of the predetermined list of options to be used by the ETIAS National Units to request additional information or documentation is set out in the Annex.

2.   eu-LISA shall, as part of the technical development of the ETIAS Information System, include the possibility for the ETIAS National Units to add a description to the option(s) selected pursuant to paragraph 1.

3.   The content of the predetermined list of options for requesting additional information or documentation shall indicate to applicants the possibility to submit any information or documentation that they deem necessary in relation to their application following a request for additional information or documentation.

Article 3 Format of the predetermined list of options for requesting additional information or documentation

The format of the predetermined list of options to be used by the ETIAS National Units to request additional information or documentation shall be a list allowing one or more entries to be selected.

Article 4 Data to be provided to applicants together with the request for additional information or documentation related to overstays reported in the Entry/Exit System

1.   Where the ETIAS National Units request additional information from applicants to explain their past overstay(s) in the territory of Member State(s), they shall make the data referred to in Article 16(3), points (a) and (b) of Regulation (EU) 2017/2226 of the European Parliament and of the Council  ( 12 ) available to applicants via the secure account service established by Article 6(2), point (g), of Regulation (EU) 2018/1240.

2.   For the purpose of paragraph 1, the duly authorised staff of the ETIAS National Units shall have direct access to and may consult the data referred to in that paragraph, in a read-only format in the Entry/Exit System. The consulted data shall not be recorded in the application file.

3.   The data from the Entry/Exit System shall be available only during the period when applicants can submit additional information or documentation pursuant to Article 27(3) of Regulation (EU) 2018/1240.

4.   After the ETIAS National Unit has taken the decision on the application, the data from the Entry/Exit System shall be deleted from the secure account service.

Article 5 Entry into force

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Schedules & Appendices

ANNEX referred to in Article 2

ANNEX

referred to in Article 2

The content of the predetermined list of options to request additional information or documentation from the applicants:

(1)

applicant’s travel document(s) (possibility to request the entire document or its biographical page; page(s) with issued, refused, revoked or annulled visa(s); pages with entry/exit stamps; possibility to request previous travel document and travel documents linked to another nationality);

(2)

proof of loss or theft of the travel document;

(3)

travel document of the applicant’s legal guardian, if any (possibility to request the entire document or its biographical page);

(4)

document(s) proving the applicant’s identity, other than the travel document (e.g. driver’s licence, birth certificate);

(5)

applicant’s permanent residence document(s) or document(s) attesting to citizenship;

(6)

reason(s) for not providing a home address in the application form;

(7)

documents attesting to the applicant’s residence at declared address;

(8)

documents attesting to the official registration of a firm or organisation (when application was submitted by a third party on behalf of an applicant);

(9)

document(s) containing the postal address at which the applicant can be reached (e.g. identity card, resident card or driver’s licence);

(10)

document(s) concerning the validity of or cancellation of a Schengen Information System refusal of entry and stay issued to the applicant;

(11)

proof of sufficient means of subsistence for the duration of the intended stay by the applicant;

(12)

proof of accommodation for the duration of the intended stay and host contact information;

(13)

judicial invitation(s), court order/judgment(s), police certificate(s);

(14)

letters/emails exchanged with Member State or third country administration(s);

(15)

documentation related to declared conviction(s);

(16)

extract(s) from relevant national criminal register(s);

(17)

documentation related to employers’ or organisations’ request(s) to travel to or be present in a given country or given conflict or war zone in the given period of time;

(18)

documentation related to declared orders to leave the territory or to declared return decisions;

(19)

proof of administrative error(s);

(20)

hospital invoice(s) or other documents proving a hospital stay;

(21)

return ticket(s) for the upcoming stay, including proof of payment;

(22)

proof of family connections in the Member States;

(23)

proof of having visited family, including the name(s), surname(s) and residence of the family member(s);

(24)

proof of having visited friend(s), including the name(s), surname(s) and residence of the friend(s);

(25)

tickets (events, exhibitions, concerts);

(26)

work contract(s)/agreement(s) or comparable;

(27)

boarding passes/ticket(s);

(28)

health certificate(s);

(29)

vaccination certificate(s);

(30)

documents proving an applicant’s current occupation (for applicants that indicated ‘employed’ on their application form as laid down in the Commission Delegated Regulation on the predetermined list of job groups used in the application form);

(31)

documents with the applicant’s employer and where applicable, contact information and references from the employer (for applicants that indicated ‘employed’ on their application form as laid down in the Commission Delegated Regulation on the predetermined list of job groups used in the application form);

(32)

name of the educational establishment (for applicants that indicated ‘student’ on their application form as laid down in the Commission Delegated Regulation on the predetermined list of job groups used in the application form);

(33)

attestation of registration with the educational establishment (for applicants that indicated ‘student’ on their application form as laid down in the Commission Delegated Regulation on the predetermined list of job groups used in the application form);

(34)

diplomas/certificates (for applicants that indicated ‘student’ on their application form as laid down in the Commission Delegated Regulation on the predetermined list of job groups used in the application form);

(35)

proof of payment of tuition fees (for applicants that indicated ‘student’ on their application form as laid down in the Commission Delegated Regulation on the predetermined list of job groups used in the application form);

(36)

request for additional information to explain past overstay(s) in the territory of Member State(s), including the purpose of travel when the overstay occurred, reasons for the overstay, exact address(es) during the overstay(s) and phone number related to the address(es) stayed at during the overstay;

(37)

request for additional information explaining past refusal(s) of visa;

(38)

request for additional information explaining past refusal(s) of travel authorisation;

(39)

request for additional information explaining past revocation(s) of visa;

(40)

request for additional information explaining past revocation(s) of travel authorisation;

(41)

request for additional information explaining past annulment(s) of visa;

(42)

request for additional information explaining past annulment(s) of travel authorisation;

(43)

request for additional information or documentation explaining the request for travel authorisation with limited territorial validity based on humanitarian grounds;

(44)

request for additional information or documentation explaining the request for travel authorisation with limited territorial validity based on international obligations.