11 Amendments of Maria GRAPINI related to 2016/0357A(COD)
Amendment 160 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Communication of the Commission of 6 April 2016 entitled 'Stronger and Smarter Information Systems for Borders and Security'20 outlined the need for the EU to strengthen and improve its IT systems, data architecture and information exchange in the area of border management, law enforcement and counter-terrorism through the implementation of consistent cyber security policies to ensure the more effective utilisation and protection of all information and data. It emphasises the need to improve the interoperability of information systems. Importantly, it sets out possible options for maximising the benefits of existing information systems and, if necessary, developing new and complementary ones to address still existing information gaps. _________________ 20 COM(2016) 205 final.
Amendment 161 #
Proposal for a regulation
Recital 2
Recital 2
(2) Indeed, the Communication of 6 April 2016 identified a series of information gaps. Amongst them the fact that border authorities at external Schengen borders have no information on travellers exempt from the requirement of being in possession of a visa when crossing the external borders, aggravating security risks and thereby necessitating prior verification in order to identify potential threats. The Communication of 6 April 2016 announced that the Commission would launch a study on the feasibility of establishing a European Travel Information and Authorisation System (ETIAS). Such an automated system would determine the eligibility of visa-exempt third country nationals prior to their travel to the Schengen Area, and whether such travel poses a security or irregular migration risk.
Amendment 167 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Communication of 14 September 2016 'Enhancing security in a world of mobility: improved information exchange in the fight against terrorism and stronger external borders' 21 confirms the priority of securing external borders and presents concrete initiatives to accelerate and broaden the EU response in continuing to strengthen the management of external borders to improve freedom of movement in the EU while making it as safe as possible. _________________ 21 COM(2016) 602 final.
Amendment 169 #
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to specify and provide information regarding the objectives of the European Travel Information and Authorisation System (ETIAS), to define its technical architecture, to set up the ETIAS Central Unit, the ETIAS National Units and the ETIAS Screening Board, to lay down rules concerning the operation and the use of the data to be entered into the system by the applicant, to establish rules on the issuing or refusal of the travel authorisations, to lay down the purposes for which the data are to be processed, to identify the authorities authorised to access the data and to ensure protection of personal data.
Amendment 175 #
Proposal for a regulation
Recital 7
Recital 7
(7) As confirmed by the Court of Justice of the European Union23, such family members have the right to enter the territory of the Member State and to obtain an entry visa for that purpose. Consequently, also family members exempted from the visa obligation should have the right to obtain a travel authorisation. Member States should, only after prior verification, grant such persons every facility to obtain the necessary travel authorisation, which must be issued free of charge. _________________ 23 Judgment of the Court of 31 January 2006 in case C-503/03 Commission v Spain (Rec. 2006, p. I-1097).
Amendment 180 #
Proposal for a regulation
Recital 9
Recital 9
(9) The ETIAS should establish a travel authorisation for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement') enabling to determine whether their presence in the territory of the Member States does not pose an irregular migration, security or public health risk. Holding a valid travel authorisation should be a new entry condition for the territory of the Member States, however mere possession of a travel authorisation should not confer an automatic right of entry, which may be refused if justified by the circumstances.
Amendment 188 #
Proposal for a regulation
Recital 10
Recital 10
(10) The ETIAS should contribute to a high level of security, to the prevention of irregular migration, to efficient measures to ensure the safety of EU citizens and to the protection of public health by providing an assessment of visitors prior to their arrival at the external borders crossing points.
Amendment 194 #
Proposal for a regulation
Recital 11
Recital 11
(11) ETIAS should contribute to the facilitation of border checks performed by border guards at, the externalreby preventing delays at borders crossing points and ensure a coordinated and harmonised assessment of third country nationals subject to the travel authorisation requirement intending at visiting the Schengen area. In addition it should enable to better inform applicants of their eligibility to visit the Schengen area. Moreover, the ETIAS should also contribute to the facilitation of border checks by reducing the number of refusals of entry at the external borders.
Amendment 205 #
Proposal for a regulation
Recital 16
Recital 16
(16) To meet its objectives, the ETIAS should provide an online application form that the applicant should fill in with declarations relating to his or her identity, travel document, residence information, contact details, education and current occupation, his or her condition of family member to EU citizens or third country nationals benefiting from free movement not holding a residence card, if the applicant is minor, identity of the responsible person and answers to a set of background questions (whether or not the applicant is subject to any disease with epidemic potential as defined by the International Health Regulations of the World Health Organisation or other infectious or contagious parasitic diseases, criminal records, presence in war zones, decision to return to borders/orders to leave territory). Access to the applicants' health data should only be allowed to determine whether they represent a threat to public health. In addition, provision should be made for medical examinations at border crossing points in order to detect any public health risk arising from diseases carried by third country nationals having previously declared themselves to be in good health.
Amendment 271 #
Proposal for a regulation
Recital 33
Recital 33
(33) In the fight against terrorist offences and other serious criminal offences and given the globalisation of criminal networks, it is imperative that law enforcement authorities have the necessary information to perform their tasks effectively. Access to data contained in the Visa Information System (VIS) for law enforcement purpose has already proven effective in helping investigators to make substantial progress in cases related to human being trafficking, terrorismvisa racketeering, terrorism, arms trafficking or drug trafficking. The Visa Information System does not contain data on visa-exempt third- country nationals.
Amendment 320 #
Proposal for a regulation
Recital 52
Recital 52
(52) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt detailed rules on the conditions for operation of the public website and the mobile app for mobile devices and on the data protection and processing and security rules applicable to the public website and the mobile app for mobile devices, as well as an authentication scheme reserved exclusively to carriers and to specify the details of the fall back procedures to be followed in the case of technical impossibility to access ETIAS. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council36 . _________________ 36 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).