21 Amendments of Brando BENIFEI related to 2016/0357(COD)
Amendment 71 #
Proposal for a regulation
Recital 9
Recital 9
(9) TSeveral third countries carried out a series of complex reforms in order to obtain visa-free travel for their citizens and the Union has granted a visa-free regime in recognition of their successful efforts. Therefore, 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 exclusively whether their presence of certain individuals in the territory of the Member States does not pose an irregular migration, security or public health risk. HFor this reason, holding a valid travel authorisation should be a new entry condition for the territory of the Member States, h. However, mere possession of a travel authorisation should not confer an automatic right of entry.
Amendment 77 #
Proposal for a regulation
Recital 17
Recital 17
(17) ETIAS should be designed as a user-friendly platform and provide all relevant information in the language of the applicant. ETIAS should accept applications introduced on behalf of the applicant for situations where travellers are themselves not in a position to create an application, for whatever reason. In such cases, the application should be carried out by a third person authorised by the traveller or legally responsible for him/her provided this person's identity is included in the application form. Travel agents should be able to create applications on behalf of single and/or groups of applicants.
Amendment 80 #
Proposal for a regulation
Recital 20
Recital 20
(20) The personal data provided by the applicant should be processed by the ETIAS for the sole purposes of verifying in advance the eligibility criteria laid down in Regulation (EU) 2016/39924 and assessing whether the applicant is likely to irregularly migratewas refused entry and/or overstayed in the past, whether the entry of the applicant in the Union could pose a threat to security or to public health in the Union. _________________ 24 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code).
Amendment 82 #
(24) Applicants who have been refused a travel authorisation should have the right to appeal. Appeals should be conducted in the Member State that has taken the decision on the application and in accordance with the national law of that Member State. The appeal procedure should be concluded within three months, at the latest.
Amendment 84 #
(27) The continuous emergence of new forms of security threats, new patterns of irregular migration and public health threats requires effective responses and needs to be countered with modern means. Since these meansSince this Regulation entails the processing of important amounts of personal data, appropriate safeguards should be introduced to keep the interference with the right to protection of private life and to the right of protection of personal data limited to what is necessary in a democratic society.
Amendment 85 #
Proposal for a regulation
Recital 34
Recital 34
(34) Access to the information contained in ETIAS is necessarycould contribute to prevent, detect and investigate terrorist offences as referred to in Council Framework Decision 2002/475/JHA26 or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA27 . In a specific investigation and in order to establish evidence and information related to a person suspected of having committed a crime or a victim of a crime, law enforcement authorities may need access to the data generated by ETIAS. The data stored in ETIAS may also be necessary to identify the perpetrator of a terrorist offence or other serious criminal offences, especially when urgent action is needed. Access to the ETIAS for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences constitutes an interference with the fundamental rights to respect for the private life of individuals and to protection of personal data of persons whose personal data are processed in the ETIAS. Therefore, the data in ETIAS should be retained and made available to the designated authorities of the Member States and the European Police Office ('Europol'), subject to the strict conditions set out in this Regulation in order for such access to be limited to what is strictly necessary for the prevention, detection and investigation of terrorist offences and serious criminal offences in accordance with the requirements notably laid down in the jurisprudence of the Court, in particular in the Digital Rights Ireland case28 . _________________ 26 Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p.6). 27 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member State (OJ L 190, 18.7.2002, p. 1). 28 Judgment of the Court (Grand Chamber) of 8 April 2014 in joined cases C-293/12 and C-594/12 Digital Rights Ireland Ltd, ECLI:EU:C:2014:238.
Amendment 95 #
Proposal for a regulation
Recital 51
Recital 51
(51) It is of particular importance that the Commission carry out an impact assessment as well as appropriate consultations during its preparatory work, including at expert and diplomatic level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. The EEAS and the diplomatic representations of the third countries subject to the visa- free regime should also be consulted. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. Such expert groups should include representatives of the EEAS.
Amendment 104 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The public website and the mobile app for mobile devices shall make the application form widely available and easily accessible to applicants free of charge; both the website and the mobile app shall be accessible to people with disabilities.
Amendment 109 #
Proposal for a regulation
Article 15 – paragraph 2 – point m
Article 15 – paragraph 2 – point m
(m) in the case of applications filled in by a person other than the applicant and group applications, the surname, first name(s), name of firm, organization if applicable, e-mail address, mailing address, phone number; relationship to the applicant and an electronically signed representative declaration.
Amendment 113 #
Proposal for a regulation
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
(b) whether he or she has ever been convicted of any serious criminal offence, as defined in article 3(m) of this Regulation, in any country;
Amendment 117 #
Proposal for a regulation
Chapter 3 a (new)
Chapter 3 a (new)
Article 21a. Specific rules for refugees and stateless persons residing in a visa-exempt country 1.When a refugee or a stateless person referred to in Article 2(1)(b) applies for a travel authorisation, the following specific rules will apply: (a) the applicant shall not reply to the question referred to in Article 15(4)(c). (b) the fee referred to in Article 16 shall be waived.
Amendment 121 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The request for additional information or documentation shall be notified to the contact e-mail address recorded in the application file. The request for additional information or documentation shall clearly indicate the information or documentation that the applicant is required provide. The applicant shall provide the additional information or documentation directly to the ETIAS National Unit through the secure account service referred to in Article 6(2)(g) within 7 working days of the date of receipt of the request. The applicant shall be entitled to ask for additional time for submitting the requested documentation not exceeding 30 working days.
Amendment 122 #
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
6. Where the applicant fails to reply to the invitation within the deadline or where the applicant fails to attend the interview without providing a substantiated justification, the application shall be refused in accordance with Article 31(1) and the ETIAS National Unit of the responsible Member State shall inform the applicant without delay.
Amendment 127 #
Proposal for a regulation
Article 28 – paragraph 2 – point a
Article 28 – paragraph 2 – point a
(a) [statistics generated by the EES indicating abnormal rates of overstayers and refusals of entry for a specific group of travellers; ]
Amendment 129 #
Proposal for a regulation
Article 28 – paragraph 2 – point b
Article 28 – paragraph 2 – point b
(b) statistics generated by the ETIAS in accordance with Article 73 indicating abnormal rates of refusals of travel authorisations due to an irregular migration, security or public health risk associated with a specific group of travellers;
Amendment 130 #
Proposal for a regulation
Article 28 – paragraph 2 – point e
Article 28 – paragraph 2 – point e
(e) information provided by Member States concerning abnormal rates of overstayers and refusals of entry for a specific group of travellers for that Member State;
Amendment 141 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Applicants who have been refused a travel authorisation shall have the right to appeal. Appeals shall be conducted in the Member State that has taken the decision on the application and in accordance with the national law of that Member State. The ETIAS National Unit of the responsible Member State shall provide applicants with information in writing regarding the procedure to be followed in the event of an appeal, in a language that applicants can understand. The appeals procedure shall be concluded within three months at the latest.
Amendment 144 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
The Commission shall, in cooperation with the ETIAS Central Unit, and the Member States, their embassies to the third countries falling within the scope of this Regulation, and the Union delegations in those countries, accompany the start of the ETIAS operation with an information campaign, to inform third country nationals falling within the scope of this Regulation of their travel authorisation requirement to be in possession of a valid travel authorisation for crossing the external borders.
Amendment 149 #
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. During this six month period, the border guards as well as the diplomatic representations of EU Member States and EU delegations to the countries falling within the scope of this Regulation, 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 six month period. For this purpose, the border guards shall distribute a common leaflet to this category of travellers. Such leaflet shall also be made available at the Member States' embassies and Union delegations to the countries falling within the scope of this Regulation.
Amendment 153 #
Proposal for a regulation
Article 76 – paragraph 5
Article 76 – paragraph 5
5. The Commission shall make the information notified pursuant to paragraph 1 available to the Member States and the public by an accessible and constantly updated public website.
Amendment 154 #
Proposal for a regulation
Article 81 – paragraph 5 – subparagraph 1 – point b a (new)
Article 81 – paragraph 5 – subparagraph 1 – point b a (new)
(b a) the impact on diplomatic relations between the Union and the third countries involved;