The Czech and Belgian delegations drew the attention of the European Commission to the legislative scope that the ETIAS travel authorization should be as effective as possible. In particular, Article 2 of the ETIAS proposal contains references to both Regulation 539/2001 and the Visa Code; These references should determine the scope and interaction of the ETIAS travel authorization with the visa requirements.
The aim is to avoid legal overlap of laws and, at the same time, to create a procedure as simple as possible for visitors.

A few points of regulation nr. 539/2001 are currently under discussion because they may create some ambiguity on the eligibility of travelers.

• (Article 4) national exceptions to the exemption from the visa requirement – limited territorial validity of a travel authorization:

In the case where a person wishes to travel in a Schengen Member State without a visa requirement, does the travel authorization have a limited territorial validity (LTV)?

If a person wishes to visit a Member State without a visa requirement and a different Member State which applies the visa requirement instead, should he be in possession of a visa and travel authorization?

These questions need specific answers, especially in the case of an enlargement of the area covered by ETIAS, in which case the responsibility of the country which will issue the Schengen visa (uniform), will have to be determined.

According to the volume of visa code I, Part II, 2.5 it is mentioned that the member state with a visa obligation should always be responsible in such case.

• (Article 2) airport transit:
• The European Court of Justice ruled that in the case of airport transit (where a border crossing is not linked to entry and movement within the Schengen area), a visa may not be required.
• Indeed, the ETIAS document may conflict with some of the principles applied to visitors entering the EU with a long-term stay visa (the principle of the full ETIAS proposal is that visa-exempt travelers are not subject to a less agreeable treatment than those required to have a visa).