Activities of Marie-Christine VERGIAT related to 2015/0307(COD)
Plenary speeches (1)
Reinforcement of checks against relevant databases at external borders (debate) FR
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 562/2006 as regards the reinforcement of checks against relevant databases at external borders PDF (652 KB) DOC (413 KB)
Shadow opinions (1)
OPINION on the proposal for a Regulation of the European Parliament and of the Council amending Regulation No 562/2006 (EC) as regards the reinforcement of checks against relevant databases at external borders
Amendments (40)
Amendment 22 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Having regard to the International Covenant on Civil and Political Rights of 1966 and to the International Covenant on Economic, Social and Cultural Rights of 1966 and their additional protocols,
Amendment 23 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) Having regard to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) of 1979 and the additional protocol thereto,
Amendment 24 #
Proposal for a regulation
Recital 1 c (new)
Recital 1 c (new)
(1c) Having regard to the Universal Declaration of Human Rights,
Amendment 24 #
Proposal for a regulation
–
–
The European Parliament rejects the Commission Proposal.
Amendment 25 #
Proposal for a regulation
Recital 1 d (new)
Recital 1 d (new)
(1d) Having regard to the protection of the personal data of European citizens
Amendment 25 #
Draft legislative resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to refer the matter to Parliament again if it intends to amendreplace its proposal substantially or replace it with another text;
Amendment 26 #
Proposal for a regulation
Recital 1 e (new)
Recital 1 e (new)
(1e) Having regard to Article 2 TEU, which states that the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.
Amendment 27 #
Proposal for a regulation
Recital 1 f (new)
Recital 1 f (new)
(1f) Having regard to the European Convention on Human Rights
Amendment 28 #
Proposal for a regulation
Recital 2
Recital 2
Amendment 31 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) It is essential to take into account the Universal Declaration of Human Rights.
Amendment 32 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) It is essential to take into account the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966 and the protocols thereto.
Amendment 33 #
Proposal for a regulation
Recital 1 c (new)
Recital 1 c (new)
(1c) It is essential to take into account the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) of 18 December 1979 and the protocol thereto.
Amendment 34 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The need to fight terrorism must not jeopardise the rights and freedoms of either European citizens or third-country nationals. Border checks must be carried out in strict compliance with the principles of proportionality and necessity. They must be carried out on the basis of a stringent risk analysis and with respect for fundamental rights, in particular the right to privacy.
Amendment 34 #
Proposal for a regulation
Recital 1 d (new)
Recital 1 d (new)
(1d) It is essential to take into account Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 20001a. ____________ 1aRegulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data, OJ L 8, 12.1.2001, p. 1.
Amendment 35 #
Proposal for a regulation
Recital 1 e (new)
Recital 1 e (new)
(1e) It is essential to take into account Article 2 of the Treaty on European Union.
Amendment 36 #
Proposal for a regulation
Recital 1 f (new)
Recital 1 f (new)
(1f) It is essential to take into account the Convention on Human Rights and Fundamental Freedoms.
Amendment 37 #
Proposal for a regulation
Recital 3
Recital 3
(3) The documents of persons enjoying the right of free movement under Union law should thereforemay be checked systematically against relevant databases related to stolen, misappropriated, lost and invalidated travel documents in order to avoid that persons hideing their real identity to the extent permitted by the principles of necessity and proportionality.
Amendment 37 #
Proposal for a regulation
Recital 2
Recital 2
Amendment 40 #
Proposal for a regulation
Recital 4
Recital 4
(4) Border guards shouldmay 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 on the basis of objective information and avoiding in particular checks which are based on ethnicity or might be regarded as such.
Amendment 41 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The need to fight terrorism should not undermine the rights and freedoms of EU citizens or third-country nationals. Border checks should only be carried out in strict compliance with the principles of proportionality and necessity. They should be carried out on the basis of a rigorous risk analysis and with respect for fundamental rights, in particular the right to privacy.
Amendment 44 #
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 systematicallymay be checked against relevant databases related to stolen, misappropriated, lost and invalidated travel documents in order to avoid that persons hideing their real identity, to the extent permitted by the principles of necessity and proportionality.
Amendment 45 #
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. 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 bhe checks could be carried out only if based on a risk analysis assessing that such a relaxation would not lead to a security riskas necessary. 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. In any event they would only delay border crossings and therefore necessitate the deployment of a sufficient number of ad hoc staff. Such staff must be given training in human rights, with particular regard to respect of the rules on data protection and the right to privacy. __________________ 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 48 #
Proposal for a regulation
Recital 4
Recital 4
(4) Border guards shouldmay 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. on the basis of objective information and avoiding, in particular, checks which are based on ethnicity or might be regarded as such.
Amendment 51 #
Proposal for a regulation
Recital 6
Recital 6
(6) With Council Regulation (EC) No 2252/20049, the Union introduced the facial image and fingerprints as security elements in the passport of Union citizens. These security features have been introduced in order to render the passports more secure and establish a reliable link between the holder and the passport. Member States should therefore verify these biometric identifiers, in case of doubts on the authenticity of the passport or on the identity of its holder. and should always be undertaken with due respect for data protection rules; __________________ 9 Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (OJ L 385, 29.12.2004, p.1).
Amendment 51 #
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 canhe checks should only be carried out ion 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. 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 riskthe basis of a risk assessment showing that such a measure is necessary. 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. In any event, they should not delay border crossings and therefore a sufficient number of ad hoc staff should be deployed. Such staff must be given training in human rights, in particular on respect for the rules on data protection and the right to privacy. _________________ 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 55 #
Proposal for a regulation
Recital 8
Recital 8
(8) Member States are obliged towhich check systematically third country nationals against all databases on entry. I or exit should be ensured that such checks are also carried out systematically on exitjustify such checks with regard to a risk analysis showing that their measures are necessary.
Amendment 59 #
Proposal for a regulation
Recital 9
Recital 9
(9) Since the objective of this Regulation, namely reinforcing the checks against databases at external borders in reply in particular to the increase of the terrorist threat concerns one of the safeguards of the area without internal border control and as such concerns the proper functioning of the Schengen area, it cannot be sufficiently achieved by the Member States, but can rather be better achieved at Union level is to improve proportionate and necessary checks against databases at external borders, the Union may adopt measures, in accordance with the principle of subsidiarity asprinciple set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyorder for these checks to produce the best result as regards the sound functioning of the external borders of the Uniond, what is necessary in order to achieve those objectivesile respecting the principles of necessity and proportionality in fundamental rights, an impact assessment is necessary.
Amendment 62 #
Proposal for a regulation
Recital 6
Recital 6
(6) With Council Regulation (EC) No 2252/20049, the Union introduced the facial image and fingerprints as security elements in the passport of Union citizens. These security features have been introduced in order to render the passports more secure and establish a reliable link between the holder and the passport. Member States should therefore verify these biometric identifiers, in case of doubts on the authenticity of the passport or on the identity of its holder, and verification should always be carried out with due respect for data protection rules. _________________ 9 Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (OJ L 385, 29.12.2004, p.1).
Amendment 68 #
Proposal for a regulation
Recital 8
Recital 8
(8) Member States are obliged towhich check systematically third -country nationals against all databases on entry. I or exit should be ensured that such checks are also carried out systematically on exitjustify such checks with regard to a risk analysis showing that the measures are necessary.
Amendment 69 #
Proposal for a regulation
Recital 9
Recital 9
(9) Since the objective of this Regulation, namely reinforcing the checks against databases at external borders in reply in particular to the increase of the terrorist threat concerns one of the safeguards of the area without internal border control and as such concerns the proper functioning of the Schengen area, it cannot be sufficiently achieved by the Member States, but can rather be better achieved at Union level is to improve proportionate and necessary checks against databases at external borders, the Union may adopt measures, in accordance with the principle of subsidiarity asprinciple set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyorder for these checks to produce the best result as regards the sound functioning of the external borders of the Uniond, what is necessary in order to achieve those objectivesile respecting the principles of necessity and proportionality in fundamental rights, an impact assessment is necessary.
Amendment 76 #
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 – introductory sentence
Article 7 – paragraph 2 – introductory sentence
2. On entry and on exit, persons enjoying the right of free movement under Union law shall, persons third-country nationals may be subject to the following checks:
Amendment 77 #
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 a – introductory sentence
Article 7 – paragraph 2 – point a – introductory sentence
a) verification of the identity and the nationality of the person and the validity and authenticity of the travel document, by consulting theits relevant databases, in particular:
Amendment 77 #
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 – introductory wording
Article 7 – paragraph 2 – introductory wording
2. On entry and on exit, persons enjoying the right of free movement under Union law shall, third-country nationals may be subject to the following checks:
Amendment 78 #
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 shallmay include the verification of the biometric identifiers integrated in the passports and travel documents issued in accordance with Council Regulation (EC) No 2252/2004*.
Amendment 80 #
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
Amendment 81 #
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, or internal security or international relations of any of the Member States, including by consulting the relevant Union and national databases, in particular the Schengen Information System;
Amendment 81 #
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 a – introductory wording
Article 7 – paragraph 2 – point a – introductory wording
(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 particular:
Amendment 84 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shallmay only enter into force once the twentieth day following that of its publication in the Official Journal of the European UnionEuropean Parliament has received from the Commission an impact assessment on the feasibility and proportionality of introducing systematic database checks at the external borders which demonstrates that this would enhance security and which covers the safeguarding of fundamental rights, the impact on air, land and waterway traffic flows and the direct and indirect financial impact.
Amendment 89 #
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 shallmay include the verification of the biometric identifiers integrated in the passports and travel documents issued in accordance with Council Regulation (EC) No 2252/2004*.
Amendment 114 #
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