11 Amendments of Tanja FAJON related to 2015/0307(COD)
Amendment 28 #
Proposal for a regulation
Recital 1
Recital 1
(1) Control at external borders remains one of the main safeguards of the area without controls at internal borders. It is carried out in the interest of all Member States. One of the purposes of such controls is to prevent any threat to the Member States' internal security and public policy, irrespectively of the origin of such threat, including where such threats derive from Union citizens.
Amendment 38 #
Proposal for a regulation
Recital 2
Recital 2
Amendment 45 #
Proposal for a regulation
Recital 3
Recital 3
(3) The documents of persons enjoying the right of free movement under Union law should therefore, as a general rule, 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.
Amendment 49 #
Proposal for a regulation
Recital 4
Recital 4
(4) Border guards should for the same reason also, as a general rule, 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.
Amendment 52 #
Proposal for a regulation
Recital 5
Recital 5
(5) Technological developments allow in principle to consult relevant databases without a minimum delaying to 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 toHowever, strengthening 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 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. _________________ 8Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the E could have a negative effect on persons travelling in good faith. Nevertheless, as a general rule, systematic checks should be carried out at all external Bborders of the Member States of the European Union (OJ L 349, 25.11.2004, p.1).
Amendment 57 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) It should be possible for border guards to decide not to check relevant databases regarding a person enjoying the right of free movement under Union law if it can be clearly assessed that that person does not jeopardise the internal security of any of the Member States. Such persons could include, inter alia, children under the age of 12 and minors accompanied by parents; school pupils when travelling on organised excursions; elderly persons when travelling in an organised manner; pilots of aircraft and other crew members; Heads of State or government and the members of their delegation(s); holders of diplomatic, official or service passports and members of international organisations; rescue services, police and fire brigades and border guards; offshore workers; holders of permits required by national law in accordance with specific Member States' arrangements in bilateral agreements as referred to in point (a) of Article 4(2) of the Regulation (EU) 562/2006 of the European Parliament and of the Council1a ; _________________ 1aRegulation (EU) 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1).
Amendment 60 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) However, should systematic checks at external borders have a disproportionate impact on the flow of traffic at the border, Member States should be allowed not to carry out systematic checks against relevant databases if, on the basis of a risk assessment, it is found that such a relaxation of checks would not lead to a security risk. Such risk assessments should be transmitted to the Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (the Agency) established by Council Regulation (EC) No 2007/20041a and be the subject of regular reporting both to the Commission and to the Agency. _________________ 1a 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 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 – 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, as a general rule, be subject to the following checks:
Amendment 95 #
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 a (new)
Article 7 – paragraph 2 – subparagraph 2 a (new)
Border guards may decide not to check the relevant databases regarding a person enjoying the right of free movement under Union law if it can be clearly assessed that that person does not jeopardise the internal security of any of the Member States.
Amendment 102 #
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 the 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.
Amendment 121 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
This amending Regulation shall expire five years after entry into force. The Council and European Parliament may decide, following a proposal of the Commission, to prolong the application of this Regulation.