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Chapter VI · ISSUE, REFUSAL, ANNULMENT OR REVOCATION OF A TRAVEL AUTHORISATION › Article 36

Issue of a travel authorisation

1.   Where the examination of an application pursuant to the procedures laid down in Chapters III, IV and V indicates that there are no factual indications or reasonable grounds based on factual indications to conclude that the presence of the person on the territory of the Member States poses a security, illegal immigration or high epidemic risk, a travel authorisation shall be issued by the ETIAS Central System or the ETIAS National Unit of the Member State responsible.
2.   In cases where there is doubt as to whether sufficient reasons to refuse the travel authorisation exist, the ETIAS National Unit of the Member State responsible shall have the possibility, including after an interview, to issue a travel authorisation with a flag recommending to border authorities to proceed with a second line check.

The ETIAS National Unit of the Member State responsible may also attach such a flag upon the request of a consulted Member State. Such a flag shall only be visible to the border authorities.

The flag shall be removed automatically once the border authorities have carried out the check and have entered the entry record in the EES.

3.   The ETIAS National Unit of the Member State responsible shall have the possibility to add a flag indicating to border authorities and other authorities with access to the data in the ETIAS Central System that a specific hit triggered during the processing of the application has been assessed and that it has been verified that the hit constituted a false hit or that the manual processing has shown that there were no grounds for the refusal of the travel authorisation.
4.   The Commission shall adopt delegated acts in accordance with Article 89 to establish adequate safeguards by providing rules and procedures to avoid conflicts with alerts in other information systems and to define the conditions, the criteria and the duration of flagging pursuant to this Regulation.
5.   A travel authorisation shall be valid for three years or until the end of validity of the travel document registered during application, whichever comes first, and shall be valid for the territory of the Member States.
6.   A travel authorisation shall not confer an automatic right of entry or stay.

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