Activities of Gérard DEPREZ related to 2015/0307(COD)
Plenary speeches (1)
Reinforcement of checks against relevant databases at external borders (debate) FR
Amendments (17)
Amendment 27 #
Proposal for a regulation
Recital 1
Recital 1
(1) Control at external borders remains one of the main safeguards of the Schengen area without controls at internal borders. It is carried out in the interest of all the Member States. One of the purposes of such controls is to which have abolished internal border controls. The purposes of such controls notably include helping to combat illegal immigration and trafficking in human beings, and preventing any threat to the Member States' internal security and public policpublic policy, public health, international relations and internal security, irrespectively of the origin of such threat.
Amendment 39 #
Proposal for a regulation
Recital 2
Recital 2
(2) TAlthough minimal systematic checks based on a simple and quick examination of the validity of the travel document is currently the rule for persons enjoying the right of free movement under EU law, the phenomenon of foreign terrorist fighters, many of whom are Union citizens, and developments in organised crime demonstrates the necessity to strengthen the checks at external borders with regard to Union citizens.
Amendment 42 #
Proposal for a regulation
Recital 3
Recital 3
(3) The documents of persons enjoying the right of free movement under Union law should therefore be checked systematically against relevant databases related to stolen, misappropriated, lost and invalidated travel documents in order to avoid that persons hide their real identity. To that end, the Member States must ensure that there is an electronic connection to Interpol's Stolen and Lost Travel Documents (SLTD) database at external border crossing points.
Amendment 47 #
Proposal for a regulation
Recital 4
Recital 4
(4) Border guards should for the same reason also systematically check persons enjoying the right of free movement under Union law against relevant national and European databases in order to ensure that they do not represent a threat to internal security or public policy. To that end, the Member States should ensure that their border guards have access to the relevant national and European data banks, including the Schengen Information System (SIS) and the Europol Information System (EIS).
Amendment 54 #
Proposal for a regulation
Recital 5
Recital 5
(5) Technological developments allow in principle to consult relevant databases without delaying the process of crossing the border, as the controls on documents and persons can be carried out in parallel. It is therefore possible without negative effect on persons travelling in good faith to strengthen checks at external borders to better identify those persons who intend to hide their real identity or who are subject to relevant alerts for security reasons or for arrest. To that end, the installation of smart borders with automatic control gates and the development of interoperability and interconnectivity of information systems are needed. Systematic checks should be carried out at all external borders. However, if systematic checks at land and sea borders were to have a disproportionate impact on the flow of traffic at the border, Member States should be allowed not to carry out systematic checks against databases but only if based on a risk analysis assessing that such a relaxation would not lead to a security risk. Such risk assessment should be transmitted to the Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Council Regulation (EC) No 2007/20048 and be the subject of regular reporting both to the Commission and to the Agency. _________________ 8 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p.1).
Amendment 59 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Where a Member State conducts targeted rather than systematic checks, it should make use of the common risk indicators for foreign terrorist fighters established by the Commission and the guidelines drawn up by Frontex.
Amendment 63 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Border checks should be carried out in such a way as to fully respect human dignity. Border control should be carried out in a professional and respectful manner and be proportionate to the objectives pursued.
Amendment 64 #
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6b) Many identity cards produced by the Member States do not, however, have any security features such as the facial image or fingerprints. In order to make it possible for this systematic verification to be carried out on travel documents other than passports, but also with internal security issues in mind, the Commission should take swift action to propose the establishment of common standards for the security features and biometrics that are to be included in identity cards issued by the Member States.
Amendment 79 #
(a) verification of the identity and the nationality of the person and the validity and authenticity of the travel document, by consulting the relevant databases, in particularwhich must include:
Amendment 87 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) verification that a person enjoying the right of free movement under Union law is not considered to be a threat to the internal security, public policy, international relations of any of the Member States or to public health, including by consulting the relevant Union and national databases, in particularwhich must include the Schengen Information System.
Amendment 88 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Where there is doubt on the authenticity of the travel document or on the identity of its holder, the checks shall include the verification of the biometric identifiers integrated in the passports and travel documents issued in accordance with Council Regulation (EC) No 2252/2004*. If possible, this verification of biometric identifiers shall also be carried out for other travel documents which are not covered by this Regulation, including identity cards.
Amendment 92 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a Regulation (EC) No 562/2006
Article 1 – paragraph 1 – point 1 – point a Regulation (EC) No 562/2006
On entry or exit, when crossing an external border of the Schengen area which is shared between several Member States or Member State territories persons enjoying freedom of movement under EU law, in particular Directive 2004/38/EC, shall undergo a minimum check intended to establish their identity on the basis of the production or presentation of their travel documents.
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a Regulation (EC) No 562/2006
Article 1 – paragraph 1 – point 1 – point a Regulation (EC) No 562/2006
Where, at external land and sea borders, the checks referred to in points a) and b) of the first subparagraph would have a disproportionate impact on the flow of traffic, Member States may carry out those checks on a targeted basis based on an assessment of the risks related to internal security, public policy, international relations of any of the Member States or a threat to public health. The duration and location of these checks must not go beyond what is strictly necessary for the purposes of risk assessment.
Amendment 99 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Where, at external land and sea borders, the checks referred to in points a) and b) of the first subparagraph would have a disproportionate impact on the flow of traffic, Member States may carry out those checks on a targeted basis based on an assessment of the risks related to internal security, public policy, international relations of any of the Member States or a threat to public health. The minimum check intended to establish identity on the basis of production or presentation of travel documents shall still apply, however.
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 4
Article 7 – paragraph 2 – subparagraph 4
Each Member State shall transmit its risk assessment to the Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Regulation (EC) No 2007/2004 and report every three months to the Commission and to that Agency on the application of the checks carried out on a targeted basis. The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by means of Regulation (EC) No 2007/2004 shall take account of these reports when it carries out an assessment of the vulnerability of a Member State and may include among the corrective measures the Member State in question is required to take the reintroduction of systematic checks.
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 4 a (new)
Article 7 – paragraph 2 – subparagraph 4 a (new)
Amendment 117 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EC) No 562/2006
Article 7 – paragraph 3 – point b – point iii
Article 7 – paragraph 3 – point b – point iii
iii) verification that the third-country national concerned is not considered to be a threat to public policy, internal security or international relations of any of the Member States, including by consulting the relevant Union and national databases, in particularcluding, on a mandatory basis, the Schengen Information System;