61 Amendments of Brice HORTEFEUX related to 2016/0106(COD)
Amendment 164 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Following the example of many other countries, such as the USA, Canada or Australia, all third-country nationals travelling to the Union or leaving the Union should be electronically registered at the Union's external borders. In this way, border crossings can be carried out more swiftly for regular travellers, suspects can be sorted out before accessing the Union, the duration of authorised stays can be calculated more reliably and compliance with the authorised period of a stay can be monitored more effectively.
Amendment 167 #
Proposal for a regulation
Recital 7
Recital 7
(7) It is necessary to specify the objectivpurposes of the Entry/Exit System (EES) and its, such as the increased efficiency of border checks by the use of modern technologies and the easier identification of persons who do not or no longer fulfil the conditions for entry or stay in the Union. The EES could help to improve the management of external borders and migration flows. It is also necessary to detail the technical architecture, of the EES in order to lay down rules concerning its operation and use and to define responsibilities forthe tasks and functions of the system, the categories of data to be entered into the system, the purposes for which the data are to be entered, the criteria for their entry, the authorities authorised to access the data and further rules on data processing and the protection of personal data.
Amendment 176 #
Proposal for a regulation
Recital 8
Recital 8
(8) The EES should apply to third country nationals, whether or not they hold a visa, admitted for a short or long stay to the Schengen area. It should also apply to third country nationals whose entry for a short or long stay has been refused.
Amendment 185 #
Proposal for a regulation
Recital 9
Recital 9
(9) The EES should have the objective of improving, as its primary purpose, the improvement of the management of external borders, the preventingon of irregular immigration and the facilitatingon of the management of migration flows. The EES should, in particular andIn addition to the verification at external borders, the EES should, when relevant, contribute to the identification of any person who does not fulfil or no longer fulfils the conditions of duration of stay within the territory of the Member Statesfor entry in and stay and residence within the territory of the Member States. The second purpose of the EES should be to contribute to the prevention, detection, investigation or prosecution of criminal offences, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation.
Amendment 193 #
Proposal for a regulation
Recital 10
Recital 10
(10) To meet those objectivesIn order to fully exploit its potential, the EES should process alphanumeric data and biometric data (fingerprints and facial image). The use of biometrics, despite its impact on the privacy of travellers, is justifiedappropriate for two reasons. Firstly, biometrics are a reliable method to identify third country nationals within the territory of the Member States who are not in possession of travel documents or any other means of identification, a common modus operandi of irregular migrants, or who are hiding their identity by presenting falsified or fraudulent travel documents. Secondly, biometrics provide for the more reliable matching of entry and exit data of legal travellers. Where facial images are used in combination with fingerprint data, it allows for the reduction of fingerprints registered while enabling the same result in terms of accuracy of the identification.
Amendment 209 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) For each individual crossing of the external borders of the Union, border guards should, in accordance with Regulation (EU) 2016/399 of the European Parliament and of the Council1a, carry out mandatory information checks against Union and national databases, including the Schengen Information System (SIS). Member States should also ensure an electronic connection to Interpol's Stolen and Lost Travel Documents (SLTD) database at external border crossing points. The necessity and technical feasibility of creating a Single Interface Platform or another Secure Communication Channel between the EES and the SIS, relevant Interpol databases and national databases should be explored by the High Level Expert Group on Information Systems and Interoperability. _________________ 1aRegulation (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) (OJ L 77, 23.3.2016, p. 1).
Amendment 211 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Technological solutions should be developed to ensure interoperability between the EES and other existing databases, such as the SIS, Eurodac, and Europol databases, in order to enhance effective cooperation among the Member States in the management of external borders and the combatting of serious crime.
Amendment 214 #
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) Member States should ensure that border guards have access to the relevant Interpol, national and Union databases, including the SIS. They should also ensure that border guards make full use of their right to access those databases when registering travellers from third countries coming to or leaving the territory of the Union.
Amendment 215 #
Proposal for a regulation
Recital 13 c (new)
Recital 13 c (new)
(13c) Once the European Travel Information and Authorisation System (ETIAS), European Criminal Records Information System (ECRIS) and Eurodac databases have been revised or established, the technical feasibility of creating an interoperability between the EES and those databases should be explored. This interoperability should enable real-time checks and information comparison between the EES Central System and those databases in order to enable the border and law enforcement authorities using the EES to identify potentially dangerous suspects and to detect identity fraud at an early stage.
Amendment 234 #
Proposal for a regulation
Recital 17
Recital 17
(17) Moreover, Europol plays a key role with respect to cooperation between Member States’ authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. Consequently, Europol should also have access to the EES within the framework of its tasks and in accordance with Council Decision 2009/371/JHA.25 _________________ 25 Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15Regulation 2016/794 of the European Parliament and of the Council.25 _________________ 25 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.200916, p. 537).
Amendment 240 #
Proposal for a regulation
Recital 18
Recital 18
(18) Access to the EES 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 EES. Any such interference must be in accordance with the law, which must be formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise. Any 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 EES must be necessary in a democratic society to protect a legitimate and proportionate interest and proportionate to the legitimate objective to achieve.
Amendment 243 #
Proposal for a regulation
Recital 19
Recital 19
(19) Comparisons of data on the basis of a latent fingerprint, which is the dactyloscopic trace which may be found at a crime scene, is fundamental in the field of police cooperation. The possibility to compare a latent fingerprint with the fingerprint data which is stored in the EES in cases where there are reasonable grounds for believing that the perpetrator or victim may be registered in the EES should provides the law enforcement authorities of the Member States with a very valuable tool into preventing, detecting or investigatinge terrorist offences or other serious criminal offences, when for example the only evidence at a crime scene are latent fingerprints.
Amendment 244 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
Amendment 250 #
Proposal for a regulation
Recital 22
Recital 22
(22) To protect personal data and to exclude systematic searches, the processing of EES data should only take place in specjustificed cases and when it is necessary for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences. The designated authorities and Europol should only request access to the EES when they have reasonable grounds to believe that such access will provide information that will substantially assist them in preventing, detecting or investigating a terrorist offence or other serious criminal offence.
Amendment 252 #
Proposal for a regulation
Recital 23
Recital 23
(23) In addition, access to the EES for identification of unknown suspects, perpetrators or victims of terrorist offences or other serious criminal offences should be allowed only on the condition that searches with the national fingerprint databases of the Member State andor with the automated fingerprinting identification systems of all other Member States under Council Decision 2008/615/JHA26 did not lead to the establishment of the identity of the data subject. Furthermore, access to the EES to consult the entry/exit records of a known person should be duly justified. _________________ 26 Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1).
Amendment 258 #
Proposal for a regulation
Recital 25
Recital 25
(25) The personal data stored in the EES should be kept for no longer than is necessary for the purposes of the EES. It is appropriate to keep the data related to third country nationals for a period of fiveten years for border management purposes in order to avoid the need for third country nationals to re-enrol in the EES before that period has lapsed. For third country nationals who are family members of a Union citizen to whom Directive 2004/38/EC27 applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC, it is appropriate to store each coupled entry/ exit record for a maximum period of one year after the last exit. _________________ 27Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).
Amendment 269 #
Proposal for a regulation
Recital 26
Recital 26
(26) A fiveten 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 area. 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 and residence. 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 fiveten 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 area, 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 276 #
Proposal for a regulation
Recital 27
Recital 27
(27) The same retention period of fiveten years would be necessary for data on persons who have not exited the territory of the Member States within the authorised period of stay in order to support the identification and return process and for persons whose entry for a short stay {or on the basis of a touring visa} has been refused. The data should be deleted after the period of five years, unless there are grounds to delete it earlierten years.
Amendment 283 #
Proposal for a regulation
Recital 30
Recital 30
(30) Directive 95/46/EC of the European Parliament and of the Council29 applies to the processing of personal data by the Member States in application of this Regulation unless such processing is carried out by the designated or verifying authorities of the Member States for the purposes of the prevention, detection or, investigation or prosecution of terrorist offences or of other serious criminal offences. _________________ 29 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
Amendment 286 #
Proposal for a regulation
Recital 31
Recital 31
(31) The processing of personal data by the authorities of the Member States for the purposes of the prevention, detection or, investigation or prosecution of terrorist offences or of other serious criminal offences pursuant to this Regulation should be subject to a standard of protection of personal data under their national law which complies with Council Framework Decision 2008/977/JHA30. _________________ 30 Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial co- operation in criminal matters (OJ L 350, 30.12.2008, p. 60).
Amendment 293 #
Proposal for a regulation
Recital 36
Recital 36
(36) "(...) The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 and delivered an opinion on …21 September 2016.
Amendment 300 #
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) After the EES system becomes operational, the Commission should examine technical, financial and legal arrangements to extend the scope of this regulation to European citizens. A report should be submitted to Parliament and the Council no later than two years after the implementation of the system.
Amendment 307 #
Proposal for a regulation
Recital 44
Recital 44
(44) This Regulation is without prejudice to the application of Direictive 2004/38/EC.
Amendment 311 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes an 'Entry/Exit System' (EES) for the recording and storage of information on the date, time and place of entry and exit of third country nationals crossing the external borders of the Member States, for the calculation of the duration of their stay, and for the generation of alerts to Member States when authorised periods for stay have expired as well as for the recording of the date, time and place of refusal of entry of third country nationals whose entry for a short or long stay {or on the basis of a touring visa} has been refused as well as the authority of the Member State which refused the entry and the reasons for the refusal.
Amendment 318 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to third country nationals admitted for a short or long stay or on the basis of a touring visa in the territory of the Member States subject to border checks in accordance with Regulation (EU) 2016/399 when crossing the external borders of the Member States. When entering and exiting the territory of the Member States, it applies to third country nationals who are family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC.
Amendment 320 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation also applies to third country nationals whose entry for a short or long stay or on the basis of a touring visa to the territories of the Member States is refused in accordance with Article 14 of Regulation (EU) 2016/399.
Amendment 322 #
Proposal for a regulation
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
Amendment 324 #
Proposal for a regulation
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 327 #
Proposal for a regulation
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
Amendment 331 #
Proposal for a regulation
Article 2 – paragraph 3 – point d
Article 2 – paragraph 3 – point d
Amendment 334 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 335 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 336 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7a) ‘long stay’ means stays in the territory of a Member State of a duration of more than 90 days;
Amendment 337 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘short stay visa’ means an authorisation issued by a Member State with a view to an intended stay on the territory of the Member States of a duration of no more than 90 days in any 180 day period; as defined in point (a) of Article 2(2) of Regulation (EC) No 810/2009 of the European Parliament and of the Council1a; _________________ 1aRegulation(EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).
Amendment 338 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
(8a) ‘long stay visa’ means an authorisation issued by a Member State with a view to a stay of more than 90 days but no longer than one year;
Amendment 340 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘touring visa’ means an authorisation issued by a Member State with a view to an intended stay in the territory of two or more Member States for a duration of more than 90 day12 months in any 180 day5 month period, provided that the applicant does not intend to stay for more than 90 days in any 180 day period in the territory of the same Member State;
Amendment 343 #
Proposal for a regulation
Article 3 – paragraph 1 – point 20
Article 3 – paragraph 1 – point 20
(20) 'Frontex' means the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Regulation (EC) No 2007/2004Border and Coast Guard Agency established by Regulation (EU) 2016/1624 of the European Parliament and of the Council;
Amendment 358 #
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 or long stay {or on the basis of a touring visa};
Amendment 361 #
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 or residence in the territory of the Member States;
Amendment 377 #
Proposal for a regulation
Article 5 – paragraph 1 – point k
Article 5 – paragraph 1 – point k
(k) enable identifying and apprehending terrorist, criminal suspects as well as the identification of victims crossing the external borders;
Amendment 401 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
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 or long stay {or on the basis of a touring visa}.
Amendment 403 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Amendment 441 #
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) the short stay visa sticker number, including the three letter code of the issuing Member State, the type of visa, the date of end of maximum duration of the stay as authorised by the visa which needs to be updated at each entry and the date of expiry of the validity of the visa, if applicable;
Amendment 442 #
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) at the first entry on the basis of the short stay visa, the number of entries and the authorised period of stay as indicated on the visa sticker;
Amendment 445 #
Proposal for a regulation
Article 14 – paragraph 1 – point f
Article 14 – paragraph 1 – point f
(f) the facial image with sufficient image resolution and quality to be used in automated biometric matching, where possible extracted electronically from the eMRTD, and where this is not possible, taken live;
Amendment 457 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Children under the age of 126 shall be exempt from the requirement to give fingerprints for legal reasons.
Amendment 462 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Where the person concerned is exempt from the requirement to give fingerprints for legal or factual reasons pursuant to paragraphs 2 or 3, the specific data field shall be marked as ‘not applicable’. The system shall allow a distinction to be made between the cases where fingerprints are not required to be provided for legal reasons and the cases where they cannot be provided for factual reasons. The temporary physical impossibility to give fingerprints shall be recorded.
Amendment 470 #
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
(b) any other decision taken by the competent authorities of the Member State, in accordance with national legislation, resulting in the removal or departure of the third country national who does not fulfil or no longer fulfils the conditions for the entry into or for the stay or residence in the territory of the Member States.
Amendment 476 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
In that case Article 12 of Regulation (EU) 2016/399 shall apply and if that presumption is rebutted by proof that the third country national concerned has respected the conditions relating to the condition of short or long stay, the competent authorities shall create an individual file for that third country national in the EES if necessary, or update the latest entry/exit record by entering the missing data in accordance with Articles 14 and 15 or delete an existing file where Article 32 applies.
Amendment 524 #
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) access for consultation is necessary for the purpose of the prevention, detection or investigation of a terrorist offences or another serious criminal offence, thus making a search of the database proportionate if there is an overriding public security concern;
Amendment 528 #
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) reasonable grounds exist to consider that the consultation of the EES data maywill substantially contribute to the prevention, detection or, investigation or prosecution of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation;
Amendment 552 #
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
(c) reasonable grounds exist to consider that the consultation maywill substantially contribute to the prevention, detection or, investigation or prosecution of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation.
Amendment 564 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Each entry/exit record or refusal of entry record linked to an individual file shall be stored for fiveten years following the date of the exit record or of the refusal of entry record, as applicable.
Amendment 568 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Each individual file together with the linked entry/exit record(s) or refusal of entry records shall be stored in the EES for fiveten years and one day following the date of the last exit record if there is no entry record within fiveten years from that last exit record or refusal of entry record.
Amendment 575 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. If there is no exit record following the date of expiry of the authorised period of stay, the data shall be stored for a period of fiveten years following the last day of the authorised stay. The EES shall automatically inform the Member States three months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures.
Amendment 580 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 600 #
Proposal for a regulation
Article 33 – paragraph 1 – point a a (new)
Article 33 – paragraph 1 – point a a (new)
(aa) the standard of quality and specifications for the use of facial images
Amendment 687 #
Proposal for a regulation
Article 57 – paragraph 1 – introductory part
Article 57 – paragraph 1 – introductory part
1. The duly authorised staff of the competent authorities of Member States, the Commission, and eu-LISA and Frontex shall have access to consult the following data, solely for the purposes of reporting and statistics without allowing for individual identification and the duly authorised staff of Frontex shall have access to consult the following data for the purpose of carrying out vulnerability assessments and risk analyses:
Amendment 691 #
Proposal for a regulation
Article 57 – paragraph 1 – point g
Article 57 – paragraph 1 – point g
(g) the three letter code of the Member State that issued the short or long stay visa, or the touring visa if applicable;
Amendment 709 #
1a. In line with the findings of the High Level Expert Group on Information Systems and Interoperability, the Commission may propose appropriate measures concerning, for example, the establishment of a Single Interface connecting the EES with the SIS, Interpol's Stolen and Lost Travel Documents ('SLTD') database and the Travel Documents Associated with Notices (TDAWN) and national databases. If it deems it appropriate, the Commission shall also propose respective measures establishing the possibility of real-time information checks between the EES and the European Travel Information and Authorisation System (ETIAS), Eurodac and the European Criminal Records Information System (ECRIS).
Amendment 713 #
Proposal for a regulation
Article 64 – paragraph 4 a (new)
Article 64 – paragraph 4 a (new)
4a. Two years after the start of operations of the EES, the Commission shall submit a report to Parliament and the Council on the operation of the system, including European citizens. That report shall be accompanied by technical, legal and financial recommendations arising from that inclusion.