14 Amendments of Emil RADEV related to 2016/0106(COD)
Amendment 160 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Communication of the Commission of 13 February 2008 entitled 'preparing the next steps in border management in the European Union'20 outlined the need, as part of the European integrated border management strategy, to establish an Entry/Exit System (EES) which registers electronically the time and place of entry and exit of third country nationals admitted for a short stay to the Schengen areaUnion and which calculates the duration of their authorised stay. _________________ 20 COM (2008) 69 final COM (2008) 69 final
Amendment 173 #
Proposal for a regulation
Recital 8
Recital 8
(8) The EES should apply to third- country nationals admitted for a short stay to the Schengen areaterritory of the Union, regardless of whether or not the Schengen acquis is applicable in a given Member State. It should also apply to third -country nationals whose entry for a short stay has been refused.
Amendment 181 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) For the purpose of verifying compliance with the limit of no more than 90 days in any 180-day period for intended stays on the territory of the Member States, the automated calculator included in the EES should take into account all the stays in the territory of the EU Member States, regardless of their nature and legal basis. The automated calculator should also take into account stays spent on the basis of Schengen short stay visas, short stay visas issued by a Members State not yet fully applying the Schengen acquis and stays of third- country nationals exempt from the visa obligation. In particular, with the exception of the initial period of stay, all extensions granted in accordance with Article 20(2) of the Convention Implementing the Schengen Agreement should be taken into account.
Amendment 271 #
Proposal for a regulation
Recital 26
Recital 26
(26) A five year data retention period is necessary to allow the border guard performing the necessary risk analysis requested by the Schengen Borders Code before authorising a traveller entering the Schengen areaUnion. The processing of visa application in consular posts requires also analysing the travel history of the applicant to assess the use of previous visas and the respect of the conditions of stay. The abandoning of passport stamping will be compensated by a consultation of the EES. The travel history available in the system should therefore cover a period of time which is sufficient for the purpose of visa issuance. The five year data retention period will reduce the re-enrolment frequency and will be beneficial for all travellers as the average border crossing time will decrease as will do the waiting time at border crossing points. Even for a traveller entering only once in the Schengen areaEU, the fact that other travellers being already registered in the EES will not have to re-enrol will reduce the waiting time at border. This data retention period will also be necessary to allow for facilitation for the border crossing by using process accelerators and self-service systems. Such facilitation is dependent of the data registered in the system. A shorter data retention period would have a negative impact on the duration of border controls. A shorter data retention period would also reduce the group of travellers that can benefit of such facilitation and thereby undermine the stated objective of EES to facilitate border crossing.
Amendment 304 #
Proposal for a regulation
Recital 43
Recital 43
(43) This Regulation establishing the EES replaces the obligation to stamp passports of third country nationals which is applicable by all acceding Member States. Stays in Member States which are not yet fully applying the Schengen acquis in accordance with their respective Acts of Accession should not be taken into account in the calculation of the duration of the authorised stay in the Schengen area. Such Member States should register in the EES the stay of third country nationals but the automated calculator in the system should not compute it as part of the authorised length of stay.
Amendment 351 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Use of the EES at the external borders of the Union 1. The EES shall be deployed at the external borders of the Member States. 2. Member States applying the Schengen acquis in full shall use the EES when carrying out border checks at border crossing points and at internal borders between those Member States and Member States not yet applying the Schengen acquis in full. 3. Member States not yet applying the Schengen acquis in full shall introduce the EES at: (a) airports where border checks are carried out on flights to and from a third country; (b) river ports and sea ports where border checks are carried out on vessels navigating between such ports and ports situated in a third country. 4. During the border checks at the internal borders referred to in paragraph 2, Member States applying the Schengen acquis in full shall: (a) create an individual file of holders of a resident permit or a long-stay visa issued by a Member State not yet applying the Schengen acquis in full and shall create an entry/exit record; (b) add the data provided for in points (d) or (e) of Article 14(1) to the last relevant entry/exit record of third-country nationals subject to a visa requirement created by a Member State not yet applying the Schengen acquis in full. Additional data provided for in points (a), (b) and (c) of Article 14(1) and points (a) and (b) of Article 14(3) shall be entered during the border checks at the internal borders referred to in paragraph 2 for the purposes of calculating the authorised stay based on the visa on the territory of Member States applying the Schengen acquis in full.
Amendment 357 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) enhance the efficiency of border checks by calculating and monitoring the duration of the authorised stay at entry and exit of third country nationals admitted for a short stay {or on the basis of a touring visa} in the Union;
Amendment 362 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) assist in the identification of any person who does not, or does no longer fulfil the conditions for entry to or stay on the territory of the Member StatesUnion;
Amendment 400 #
The EES shall include an automated calculator that indicates the maximum authorised duration of stay in accordance with Article 6(1) of Regulation (EU) 2016/399 for third country nationals registered in the EES admitted for a short stay {or on the basis of a touring visa} in the Union.
Amendment 410 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 416 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The EES shall include a mechanism that shall automatically identify which entry/exit records do not have exit data immediately following the date of expiry of the authorised length of stay in the Union and identify records for which the maximum stay allowance in the Union has been exceeded.
Amendment 490 #
Proposal for a regulation
Article 24 – title
Article 24 – title
Access to data for verification within the territory of the Member StatesUnion
Amendment 491 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
For the purpose of verifying the identity of the third country national and/or whether the conditions for entry to or stay on the territory of the Member StatesUnion are fulfilled, the authorities of the Member States competent to carry out checks within the territory of the Member States as to whether the conditions for entry to, stay or residence on the territory of the Member StatesUnion are fulfilled, shall have access to search with the data referred to in Article 14(1)(a), (b) and (c).
Amendment 540 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The access to the EES as a criminal intelligence tool to consult the travel history or the periods of stay in the Schengen areaUnion of a known suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence shall be allowed when the conditions listed in paragraph 1 are met and where there is a duly justified need to consult the entry/exit records of the person concerned.