[ParlTrack]

Draft legislative resolution
Paragraph 1

1. ~~Adopts its position at first reading hereinafter set out~~Rejects the Commission proposal;

2017/01/16
Committee: LIBE

Draft legislative resolution
Paragraph 2

2. Calls on the Commission to ~~refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text~~withdraw its proposal;

2017/01/16
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Recital 2

(2) [Regulation (EU) N° XXX of the European Parliament and of the Council establishing the Entry/Exit System ('EES') to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes]9 aims at creating a centralised system for the registration of entry and exit data ~~and refusal of entry data~~ of third country nationals crossing the external borders of the Member States of the Union for a short stay [or for a stay on the basis of a touring visa]. _________________ 9 OJ L …

2017/01/16
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EU) 2016/399
Article 2 – point 22

22. 'Entry/Exit System (EES)' means the system established by [Regulation No° XXX of the European Parliament and of the Council establishing the Entry/Exit System (EES) to register entry and exit data ~~and refusal of entry data~~ of third country nationals crossing the external borders of the Member States of the European Union and ~~determining the conditions for access to the EES for law enforcement purposes~~;

2017/01/16
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point i

Regulation (EU) 2016/399
Article 8 – paragraph 3 – point a – point iii

(iii) for persons whose entry ~~or whose refusal of entry~~ is subject to a registration in the EES pursuant to Article 6a of this Regulation, a verification of the identity of the person and, where applicable, an identification shall be carried out in accordance with Article 21(4) of [Regulation establishing the Entry/Exit System (EES)].

2017/01/16
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point ii

(iii a) for persons whose entry ~~or whose refusal of entry~~ is subject to a registration in the EES pursuant to Article 6a of this Regulation, verification that the third country national has not already reached or exceeded the maximum duration of authorised stay in the territory of the Member States and, for third country nationals holding a single or double entry visa, verification that they have respected the number of the maximum authorised entries, by consulting the EES in accordance with Article 21 of [Regulation establishing the Entry/Exit System (EES) ].

2017/01/16
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EU) 2016/399
Article 8c

~~[...]~~deleted

2017/01/16
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b

Regulation (EU) 2016/399
Article 9 – paragraph 3a – point i

(i) by way of derogation from Article 6a of this Regulation, the data referred to in Articles 14, ~~15, 16,~~ 17 and 18 of [Regulation establishing the Entry/Exit System (EES)] shall be temporally stored in the National Uniform Interface as defined in Article 6 of [Regulation establishing the Entry/Exit System (EES)]. If this is not possible, the data shall be temporarily stored locally. In both situations, the data shall be entered into the Central System of the EES as soon as the technical impossibility or failure has been remedied. Member States shall take the appropriate measures and deploy the required infrastructure, equipment and resources in order to ensure that such temporary local storage can be carried out at any time and for any of their border crossing points;

2017/01/16
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – introductory part

(11) Article 11 is ~~replaced by the following:~~deleted.

2017/01/16
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EU) 2016/399
Article 12 – paragraph 2

2. This presumption shall not apply to a third -country national who ~~can provide~~is able to explain, by any means, and in a credible ~~evidence~~way, that the person enjoys the right of free movement under Union law or that the person holds a residence permit or a long stay visa. Where applicable, Article 32 of [Regulation establishing the Entry/Exit System (EES)] shall be applied.

2017/01/16
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EU) 2016/399
Article 12 – paragraph 3

The presumption referred to in paragraph 1 may be rebutted where the person provides, by any means, credible explanation or evidence, such as transport tickets or proof of his or her presence outside the territory of the Member State or of the date of expiry of a previous residence permit or long stay visa, that he or she has respected the conditions relating to the duration of a short stay.

2017/01/16
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 1 – paragraph 1 – point 14

Regulation (EU) 2016/399
Article 14

(14) Article 14 is amended as follows: (a) in paragraph 2 the following third subparagraph is added: ‘Data on third country nationals whose entry for a short stay [or on the basis of a touring visa] has been refused shall be registered in the EES in accordance with Article 6a(2) of this Regulation and Article 16 of [Regulation establishing the Entry/Exit System (EES)].’ ‘Without prejudice to any compensation granted in accordance with national law, the third country national concerned shall, where the appeal concludes that the decision to refuse entry was ill-founded, be entitled to correction of the data inserted into the EES or of the cancelled entry stamp, or both, and any other cancellations or additions which have been made, by the Member State which refused entry.’deleted

2017/01/16
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 1 – paragraph 1 – point 15

Regulation (EU) 2016/399
Annex III, IV and V

(15) Annexes III~~, IV and V are~~ is amended in accordance with the Annex to this Regulation

2017/01/16
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Article 1 – paragraph 1 – point 16

Regulation (EU) 2016/399
Annexes IV and VIII

(16) Annexes IV and VIII isare deleted.

2017/01/16
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Annex I – paragraph 1 – point 2

Regulation (EU) 2016/399
Annex IV

2. Annex IV is amended as follows: (a) point 1 is replaced by the following: ‘1. Where provided expressly by its national legislation, a Member State may stamp on entry and exit the travel document of those third country nationals holding a residence permit issued by that same Member State in accordance with Article 11. In addition, in accordance with Annex V part A, where third country nationals are refused entry pursuant to Article 14, the border guard shall affix an entry stamp on the passport, cancelled by a cross in indelible black ink, and write opposite it on the right-hand side, also in indelible ink, the letter(s) corresponding to the reason(s) for refusing entry, the list of which is given on the standard form for refusing entry shown in Part B of Annex V.’ ‘The specifications of those stamps are laid down in the Schengen Executive Committee Decision SCH/COM-EX (94) 16 rev and SCH/Gem-Handb (93) 15 (CONFIDEN-TIAL).’ ‘3. In case of refusal of entry of a third country national subject to the visa obligation, the stamp shall, as a general rule, be affixed on the page facing the one on which the visa is affixed. If that page cannot be used, the stamp shall be entered on the following page. The machine readable zone shall not be stamped.’deleted

2017/01/16
Committee: LIBE

Jan Philipp ALBRECHT

Proposal for a regulation
Annex I – paragraph 1 – point 3

Regulation (EU) 2016/399
Annex V – part A

3. Annex V part A is amended as follows: (a) point 1(b) is replaced by the following: ‘(b) for third country nationals whose entry for a short stay [or on the basis of a touring visa] has been refused, the data on refusal of entry shall be registered into the EES in accordance with Article 6a(2) of this Regulation and Article 16 of [Regulation establishing the Entry/Exit System (EES)]. In addition, the border guard shall affix an entry stamp on the passport, cancelled by a cross in indelible black ink, and write opposite it on the right-hand side, also in indelible ink, the letter(s) corresponding to the reason(s) for refusing entry, the list of which is given on the standard form for refusing entry shown in Part B of this Annex;’ ‘(d) for third country nationals whose refusals of entry shall not be registered into the EES, the border guard shall affix an entry stamp on the passport, cancelled by a cross in indelible black ink, and write opposite it on the right-hand side, also in indelible ink, the letter(s) corresponding to the reason(s) for refusing entry, the list of which is given on the standard form for refusing entry shown in Part B of this Annex. In addition, for these categories of persons, the border guard shall record every refusal of entry in a register or on a list stating the identity and nationality of the third country national concerned, the references of the document authorising the third country national to cross the border and the reason for, and date of, refusal of entry;’ ‘(e) The practical arrangements for stamping are set out in Annex IV.’deleted

2017/01/16
Committee: LIBE

Activities of Jan Philipp ALBRECHT related to 2016/0105(COD)

Shadow reports (1)

Amendments (16)

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