Generation of forms following a decision to refuse, annul or revoke a travel authorisation
Article 1
1. Forms for the purpose of notifying decisions to refuse, annul or revoke a travel authorisation or a travel authorisation with limited territorial validity (hereinafter ‘travel authorisation’) shall be generated automatically by means of the software referred to in Article 6(2)(m) of Regulation (EU) 2018/1240. The forms shall be based on the templates in the Annex I, II or III. 2. The software shall provide the possibility of generating: — a form with the possibility to select one of the official languages of the Member States; and — a form with the possibility to select English, French or German, or, where relevant in relation to the applicant in question, at the discretion of the Member State, another of the official languages of the European Union which shall be different from the language used in the form referred to in the first subparagraph. 3. The field forms of Annex I, II, III named ‘Statement of the relevant facts and additional reasoning underlying the decision’ shall be translated by the Member States and the costs shall be born by the general budget of the Union in accordance with Article 85(2) of Regulation (EU) 2018/1240. 4. The software shall enable the ETIAS National Unit of the Member State responsible to select a form according to the type of decision taken (refusal, annulment or revocation). 5. The software shall then present a subsequent list requiring the selection of at least one of the applicable grounds for the decision, as set out in the following provisions of Regulation (EU) 2018/1240: (a) for refusal, Article 37(1) and (2); (b) for annulment, Article 37(1) and (2), as referred to in Article 40(1); (c) for revocation, Article 37(1), as referred to in Article 41(1). The field in Annex I, II, III named ‘Statement of the relevant facts and additional reasoning underlying the decision’ shall be mandatory. Until that section is completed in the selected languages, the ETIAS Information System shall prevent the generation of the forms. 6. Where the decision to refuse, annul or revoke concerns a travel authorisation with limited territorial validity, the software shall present, in addition to the list of paragraph 5, the following list of grounds to be selected: (a) humanitarian grounds not fulfilled/no longer fulfilled in accordance with the national law of the Member State to which the third-country national concerned intends to travel; (b) reasons of national interest not fulfilled/no longer fulfilled; or (c) international obligations not fulfilled/no longer fulfilled. 7. Where the decision to refuse, annul or revoke a travel authorisation concern a person who declared to fall under the scope of Article 2(1), point (c) of Regulation (EU) 2018/1240, the list of options referred to in paragraph 5 shall not include grounds which are not applicable pursuant to Article 24 of Regulation (EU) 2018/1240 and Directive 2004/38/EC of the European Parliament and of the Council ( 9 ) . 8. Once the ETIAS National Unit of the Member State responsible has completed the selections referred to in paragraphs 2 to 6 the software shall automatically generate the relevant draft forms. The forms shall contain the corresponding application number and be automatically pre-filled with the data referred to in the following provisions of Regulation (EU) 2018/1240: (a) as regards refusal, points (a) to (e) in Article 38(2); (b) as regards annulment or revocation, points (a) to (f) in Article 42. 9. Before the form is transmitted to the applicant, the software shall enable the ETIAS National Unit of the Member State responsible to confirm the selections made and the information in the forms. 10. Upon confirmation pursuant to paragraph 9, the software shall generate the forms in PDF format. 11. The generated forms shall be added to the application file and transmitted to the applicant via the email service referred to in point (f) in Article 6(2) of Regulation (EU) 2018/1240.