Commission Delegated Regulation (EU) 2024/2511 of 2 May 2024 supplementing Regulation (EU) 2018/1240 of the European Parliament and of the Council as regards the identification of increases in the costs of operation and maintenance of the European Travel Information and Authorisation System (ETIAS) for the purpose of changing the amount of the travel authorisation fee
Subject matter
This Regulation sets out the procedure for identifying an increase in the costs of operation and maintenance of the European Travel Information and Authorisation System (‘ETIAS’) requiring a change in the amount of the ETIAS travel authorisation fee incurred by:
(a)
the Member States;
(b)
the European Border and Coast Guard Agency (‘Frontex’), the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (‘eu-LISA’), and the European Union Agency for Law Enforcement Cooperation (‘Europol’) (hereinafter collectively referred to as ‘agencies’).
Costs of operation and maintenance of ETIAS incurred by the Member States
1. The Commission shall, on a yearly basis, review the costs reported by Member States in the Annual Performance Report submitted to the Commission pursuant to Article 29(2), point (g), of Regulation (EU) 2021/1148 and identify an increase in the costs of operation and maintenance, referred to in Article 85(2) and (3) of Regulation (EU) 2018/1240, in relation to those reported by the Member States in the previous years.
2. Member States shall provide, upon request by the Commission, the reasons justifying an increase in the costs of operation and maintenance of ETIAS referred to in paragraph 1 of this Article.
Costs incurred by Frontex
1. The Commission shall, on a yearly basis, review the costs reported by Frontex in the Budget Implementation Report referred to in Article 99 of the Frontex Financial Regulation adopted pursuant to Article 120 of Regulation (EU) 2019/1896 of the European Parliament and of the Council ( 12 ) and identify an increase in the costs incurred for fulfilling the responsibilities defined in Article 75 of Regulation (EU) 2018/1240, in relation to those reported by Frontex in the previous years.
2. Frontex shall provide, upon request by the Commission, the reasons justifying an increase in the costs of operation and maintenance of ETIAS referred to in paragraph 1 of this Article.
Costs incurred by Europol
1. The Commission shall, on a yearly basis, review the costs reported by Europol in the Report on the Budgetary and Financial Management referred to in Article 60(2) of Regulation (EU) 2016/794 of the European Parliament and of the Council ( 13 ) and identify an increase in the costs incurred for fulfilling the responsibilities defined in Article 77 of Regulation (EU) 2018/1240, in relation to those reported by Europol in the previous years.
2. Europol shall provide, upon request by the Commission, the reasons justifying an increase in the costs of operation and maintenance of ETIAS referred to in paragraph 1 of this Article.
Costs incurred by eu-LISA
1. The Commission shall, on a yearly basis, review the costs reported by eu-LISA in the report on the budgetary and financial management referred to in Article 47(4), of Regulation (EU) 2018/1726 of the European Parliament and of the Council ( 14 ) and identify an increase in the costs incurred for fulfilling the responsibilities defined in Article 74 of Regulation (EU) 2018/1240, in relation to the costs reported by eu-LISA in the previous years.
2. eu-LISA shall provide, upon request by the Commission, the reasons justifying an increase in the costs of operation and maintenance of ETIAS referred to in paragraph 1 of this Article.
Assessment of changes to the amount of the ETIAS travel authorisation fee
The Commission shall, on a yearly basis and after identifying any significant or persistent increase in the costs incurred by the Member States and the agencies in accordance with Articles 2 to 5 of this Regulation, determine whether a change in the amount of the ETIAS travel authorisation fee is required.
Information on trends and challenges impacting the ETIAS travel authorisation fee
Member States and the agencies may inform the Commission on an ad hoc basis where they identify trends and challenges that may have a significant economic impact on the operation and maintenance of ETIAS or otherwise justify a change of the amount of the ETIAS travel authorisation fee.
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
Articles 2 to 6 of this Regulation shall apply as from the second year of operation of ETIAS.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.