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Amendments to Regulation (EU) 2016/399 Regulation (EU) 2016/399 is amended as follows: Article 6(1) is amended as follows: point (b) is replaced by the following: they are in a possession of a valid visa if required pursuant to Council Regulation (EC) No 539/2001 () or of a valid travel authorisation if required pursuant to Regulation (EU) 2018/1240 of the European Parliament and of the Council (), except where they hold a valid residence permit or a valid long-stay visa; the following subparagraphs are added:

‘For a transitional period established pursuant to Article 83(1) and (2) of Regulation (EU) 2018/1240, the use of the European Travel Information and Authorisation System (ETIAS) shall be optional and the requirement to be in possession of a valid travel authorisation set out in point (b) of the first subparagraph of this paragraph shall not apply. Member States shall inform third-country nationals subject to the travel authorisation requirement crossing the external borders of the requirement to have a valid travel authorisation from the expiry of the transitional period. For this purpose, Member States shall distribute a common leaflet to this category of travellers as referred to in Article 83(2) of Regulation (EU) 2018/1240.

During a grace period established pursuant to Article 83(3) of Regulation (EU) 2018/1240 the border authorities shall exceptionally allow third-country nationals subject to the travel authorisation requirement who are not in possession of a travel authorisation to cross the external borders where they fulfil all the remaining conditions of this Article, provided that they are crossing the external borders of the Member States for the first time since the end of the transitional period referred to in Article 83(1) and (2) of Regulation (EU) 2018/1240. Border authorities shall inform such third-country nationals of the requirement to be in possession of a valid travel authorisation in accordance with this Article. For this purpose, the border authorities shall distribute to these travellers a common leaflet as referred to in Article 83(3) of Regulation (EU) 2018/1240 informing them that they are exceptionally allowed to cross the external borders while not fulfilling the obligation to be in possession of a valid travel authorisation and explaining that obligation.’. Article 8(3) is amended as follows: in point (a), point (ii) is replaced by the following:

verification that the travel document is accompanied, where applicable, by the requisite visa, travel authorisation or residence permit;’ the following point is inserted: ‘(ba) if the third-country national holds a travel authorisation referred to in point (b) of Article 6(1) of this Regulation the thorough checks on entry shall also comprise the verification of the authenticity, validity and status of the travel authorisation and, if applicable, of the identity of the holder of the travel authorisation through consultation of ETIAS in accordance with Article 47 of Regulation (EU) 2018/1240. Where it is technically impossible to proceed with the consultation or to perform the search that are referred to in Article 47(1) and (2) of Regulation (EU) 2018/1240, Article 48(3) of that Regulation shall apply.’. In Annex V, Part B, in the standard form for refusal of entry at the border, point (C) in the list of reasons for refusal is replaced by the following: has no valid visa, travel authorisation or residence permit.’.