{"change_dates":[],"dossier":{"amendments":[],"changes":{"2013-03-19T03:31:37":[{"data":[{"body":"EC","commission":[{"Commissioner":"MALMSTR\u00d6M Cecilia","DG":{"title":"Home Affairs","url":"http://ec.europa.eu/dgs/home-affairs/"}}],"date":"2013-02-28T00:00:00","docs":[{"celexid":"CELEX:52013PC0095:EN","title":"COM(2013)0095","type":"Legislative proposal published","url":"http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0095/COM_COM(2013)0095_EN.pdf"},{"title":"SWD(2013)0047","type":"Document attached to the procedure","url":"http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0047:FIN:EN:PDF"},{"title":"SWD(2013)0048","type":"Document attached to the procedure","url":"http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0048:FIN:EN:PDF"},{"title":"SWD(2013)0049","type":"Document attached to the procedure","url":"http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0049:FIN:EN:PDF"}],"type":"Legislative proposal"}],"path":["activities"],"type":"added"},{"data":[{"body":"EC","commissioner":"MALMSTR\u00d6M Cecilia","dg":{"title":"Home Affairs","url":"http://ec.europa.eu/dgs/home-affairs/"}}],"path":["other"],"type":"added"},{"data":[{"body":"EP","committee":"AFET","committee_full":"Foreign Affairs","responsible":false},{"body":"EP","committee":"BUDG","committee_full":"Budgets","responsible":false},{"body":"EP","committee":"CONT","committee_full":"Budgetary Control","responsible":false},{"body":"EP","committee":"DEVE","committee_full":"Development","responsible":false},{"body":"EP","committee":"LIBE","committee_full":"Civil Liberties, Justice and Home Affairs","responsible":true}],"path":["committees"],"type":"added"},{"data":{"European Commission":{"title":"PreLex","url":"http://ec.europa.eu/prelex/liste_resultats.cfm?CL=en&ReqId=0&DocType=COD&DocYear=2013&DocNum=0057"},"National parliaments":{"title":"IPEX","url":"http://www.ipex.eu/IPEXL-WEB/dossier/dossier.do?code=COD&year=2013&number=0057&appLng=EN"}},"path":["links"],"type":"added"},{"data":{"instrument":"Regulation","legal_basis":["Treaty on the Functioning of the EU TFEU 074","Treaty on the Functioning of the EU TFEU 077-p2"],"reference":"2013/0057(COD)","stage_reached":"Preparatory phase in Parliament","subject":["7.10.02 Schengen area","7.10.04 External borders crossing and controls, visas"],"subtype":"Legislation","summary":["See also"],"title":"Entry/Exit System (EES) to register entry and exit data of third country nationals","type":"COD - Ordinary legislative procedure (ex-codecision procedure)"},"path":["procedure"],"type":"added"}],"2013-03-27T04:44:43":[{"data":"2013-02-20T00:00:00","path":["committees",4,"date"],"type":"added"},{"data":[{"group":"EPP","mepref":"4de188610fb8127435bdc32b","name":"SOMMER Renate"}],"path":["committees",4,"rapporteur"],"type":"added"}],"2013-04-08T22:24:56":[{"data":["
PURPOSE: to establish an Entry/Exit System (EES) to\nregister entry and exit data of third-country nationals crossing\nthe external borders of the Member States of the European\nUnion.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: Parliament decides in\naccordance with the ordinary legislative procedure and on an equal\nfooting with the Council.
\nBACKGROUND: according to the Schengen Borders\nCode, EU citizens and other\npersons enjoying the right of free movement under Union law\ncrossing the external border shall be subject to a minimum check,\nboth at entry and exit, consisting of the verification of the\ntravel document in order to establish the identity of the person.\nOn the other hand, all third country nationals however must be\nsubject, at entry, to a thorough check, which implies a check of\ntheir purpose of stay, possession of sufficient means of\nsubsistence, as well as a search in the Schengen Information System\n(SIS) and in national databases.
\nThere are no provisions in the Schengen Borders Code\non the recording of travellers' cross border movements. Currently,\nstamping the travel document is the sole method to indicate the\ndates of entry and exit which can be used by border guards and\nimmigration authorities to calculate the duration of the stay of a\nthird-country national in the Schengen area, which shall not exceed\n90 days within a period of 180 days. Other measures and tools\navailable at border crossing points, such as databases (SIS and the\nVisa Information System VIS), the consultation of which is\ncompulsory at entry, but not at exit, are not intended for the\npurpose of recording border crossings and do not provide for this\nfunctionality.
\nThere are currently no electronic means to check if,\nwhere and when a third-country national has entered or left the\nSchengen area. Reliable data on the\nnumber of irregular immigrants currently staying in the EU does not\nexist either (estimates of the number of irregular immigrants\nwithin the EU vary between 1.9 and 3.8 million).
\nFor these reasons, it is appropriate to create an\nEntry/Exit System and to define the purpose, the\nfunctionalities and responsibilities for its use.
\nIt should be noted that this proposal has been\npresented together with a proposal to establish a Registered Traveller\nProgramme and a proposal to amend the Community\nCode on the rules governing checks at external border crossing\npoints and surveillance at the external border (Schengen Borders Code) for\nthe purpose of the functioning of the two new systems.
\nIMPACT ASSESSMENT: a first impact assessment was carried\nout in 2008 when preparing the Commission Communication on\nthis subject (please refer to the European Parliaments\nposition on this question 2008/2181(INI)).
\nA\nsecond was completed in 2012.\nIt analysed key implementation options. Analysis of the different\noptions and sub-options showed that the preferred solution for an\nEES should be the following:
\nLEGAL BASIS: Articles 74 and 77(2)(b) and (d) of the\nTreaty on the Functioning of the European Union (TFEU).
\nCONTENT: the proposal has three main\nobjectives:
\nScope: the Regulation\nshall apply to any third country national admitted for a short stay\nin the territory of the Member States. Provisions are also included\nto determine persons to whom the Regulation does not apply, in\nparticular third country nationals who are members of the family of\na Union citizen who holds a residence card, and holders of\nresidence permits referred to in the Schengen Borders Code, whose\nstay is limited to 90 days within a period of 180 days.
\nPurpose of the system:
\n(a) improve the management of the external\nborders: the EES will facilitate the\nimprovement of the management of the Unions external borders\nby offering a system that will calculate the length of each\ntravellers authorised stay (the so-called automated\ncalculator):
\n(b) better control of illegal immigration:\nthe system will assist in the identification of\nany person who may not, or may no longer, fulfil the conditions for\nentry to, or stay on the territory of the Member States; this\nconcerns notably persons who are found during checks within the\nterritory not in possession of their travel documents or any other\nmeans of identification;
\n(c) support the analysis of the entries and exits of\nthird-country nationals: the system\nwill provide a precise picture of travel flows at the external\nborders and the number of overstayers.
\nThe mechanism set in place will provide:
\nEESs technical architecture: provisions are made to define the EESs technical\narchitecture. It will consist of the following main components: (i)\na Central Unit and a Back-up Central Unit; (ii) a National System\ncomprising the required hardware, software and national\ncommunication infrastructure to connect the end user devices of the\ncompetent authorities with the Network Entry Points in each Member\nState; (iii) the Uniform Interfaces in each Member State based on\ncommon technical specifications and identical for all Member\nStates; (iv) the Network Entry Points, connecting the National\nSystem of each Member State to the Central System; and (v) the\nCommunication Infrastructure between the Central EES and the\nNetwork Entry Points.
\nPersonal files and fingerprints: the proposal lays down the procedures for the drawing\nup of personal files and entry/exit records of those\nconcerned:
\nChildren under the age of 12 shall be exempt from the\nrequirement to give fingerprints for legal reasons, as will persons\nfor whom fingerprinting is physically impossible.
\nFor a period of three years after the EES has\nstarted operation only the alphanumeric data shall be\nrecorded.
\nData protection: the\nproposal includes a number of provisions on data protection, as\nwell as defining strictly those persons with exclusive access to\nthe EES having the right to enter, amend, delete and consult\ndata depending on the objectives pursued. National authorities\nshould be designated to this end:
\nProvision is also made for data security, control of\nthe use of data, as well as for sanctions in the event of their\ninappropriate use and for procedural guarantees for persons whose\ndata have been used (including appeal mechanisms, etc.).
\nRole of the Agency: the\nEuropean Agency for the operational management of large-scale\ninformation systems in the area of freedom, security and justice\nshall be entrusted with the tasks of development and operational\nmanagement of the EES. The Agency shall be responsible for the\ndevelopment of the Central Unit, the Back-Up Central Unit, the\nUniform Interfaces including the Network Entry Points and the\nCommunication Infrastructure. Technical provisions lay down the\ntasks, mission and responsibilities of the Agency in this context.\nProvisions are also included defining the Member States\nresponsibilities in regard to the EES infrastructure and its\nuse.
\nOperational management of the EES shall consist of all\nthe tasks necessary to keep the EES functioning 24 hours a day, 7\ndays a week.
\nEvaluation: two years\nafter the start of operations of the EES and every two years\nthereafter, the Agency shall submit to the European Parliament, the\nCouncil and the Commission a report on the technical functioning of\nEES, including the security thereof. For its part, , the Commission\nshall produce an overall evaluation of the EES two years after the\nEES is brought into operation and every four years\nthereafter.
\nTerritorial measures: given that the proposal constitutes a further\ndevelopment of the Schengen acquis, it will have direct\nconsequences for certain Member States and associated countries, in\naccordance with the relevant texts of the Treaties, Protocols and\nAgreements concluded with third countries:
\nBUDGETARY\nIMPLICATION: the Commission's proposal for the next multi-annual\nfinancial framework (MFF) includes a proposal of EUR 4.6 billion\nfor the Internal Security Fund (ISF) for the period 2014-2020. In\nthe proposal, EUR 1.1 billion is set aside as an indicative\namount for the development of an EES and an RTP assuming\ndevelopment costs would start from 2015.
\nThis financial support would cover not only the costs\nof central components for the entire MFF period (EU level, both\ndevelopment and operational cost) but also the development costs\nfor the national, Member States, components of these two systems,\nwithin the resources available.
\nPURPOSE: to establish an Entry/Exit System (EES) to\nregister entry and exit data of third-country nationals crossing\nthe external borders of the Member States of the European\nUnion.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: Parliament decides in\naccordance with the ordinary legislative procedure and on an equal\nfooting with the Council.
\nBACKGROUND: according to the Schengen Borders\nCode, EU citizens and other\npersons enjoying the right of free movement under Union law\ncrossing the external border shall be subject to a minimum check,\nboth at entry and exit, consisting of the verification of the\ntravel document in order to establish the identity of the person.\nOn the other hand, all third country nationals however must be\nsubject, at entry, to a thorough check, which implies a check of\ntheir purpose of stay, possession of sufficient means of\nsubsistence, as well as a search in the Schengen Information System\n(SIS) and in national databases.
\nThere are no provisions in the Schengen Borders Code\non the recording of travellers' cross border movements. Currently,\nstamping the travel document is the sole method to indicate the\ndates of entry and exit which can be used by border guards and\nimmigration authorities to calculate the duration of the stay of a\nthird-country national in the Schengen area, which shall not exceed\n90 days within a period of 180 days. Other measures and tools\navailable at border crossing points, such as databases (SIS and the\nVisa Information System VIS), the consultation of which is\ncompulsory at entry, but not at exit, are not intended for the\npurpose of recording border crossings and do not provide for this\nfunctionality.
\nThere are currently no electronic means to check if,\nwhere and when a third-country national has entered or left the\nSchengen area. Reliable data on the\nnumber of irregular immigrants currently staying in the EU does not\nexist either (estimates of the number of irregular immigrants\nwithin the EU vary between 1.9 and 3.8 million).
\nFor these reasons, it is appropriate to create an\nEntry/Exit System and to define the purpose, the\nfunctionalities and responsibilities for its use.
\nIt should be noted that this proposal has been\npresented together with a proposal to establish a Registered Traveller\nProgramme and a proposal to amend the Community\nCode on the rules governing checks at external border crossing\npoints and surveillance at the external border (Schengen Borders Code) for\nthe purpose of the functioning of the two new systems.
\nIMPACT ASSESSMENT: a first impact assessment was carried\nout in 2008 when preparing the Commission Communication on\nthis subject (please refer to the European Parliaments\nposition on this question 2008/2181(INI)).
\nA\nsecond was completed in 2012.\nIt analysed key implementation options. Analysis of the different\noptions and sub-options showed that the preferred solution for an\nEES should be the following:
\nLEGAL BASIS: Articles 74 and 77(2)(b) and (d) of the\nTreaty on the Functioning of the European Union (TFEU).
\nCONTENT: the proposal has three main\nobjectives:
\nScope: the Regulation\nshall apply to any third country national admitted for a short stay\nin the territory of the Member States. Provisions are also included\nto determine persons to whom the Regulation does not apply, in\nparticular third country nationals who are members of the family of\na Union citizen who holds a residence card, and holders of\nresidence permits referred to in the Schengen Borders Code, whose\nstay is limited to 90 days within a period of 180 days.
\nPurpose of the system:
\n(a) improve the management of the external\nborders: the EES will facilitate the\nimprovement of the management of the Unions external borders\nby offering a system that will calculate the length of each\ntravellers authorised stay (the so-called automated\ncalculator):
\n(b) better control of illegal immigration:\nthe system will assist in the identification of\nany person who may not, or may no longer, fulfil the conditions for\nentry to, or stay on the territory of the Member States; this\nconcerns notably persons who are found during checks within the\nterritory not in possession of their travel documents or any other\nmeans of identification;
\n(c) support the analysis of the entries and exits of\nthird-country nationals: the system\nwill provide a precise picture of travel flows at the external\nborders and the number of overstayers.
\nThe mechanism set in place will provide:
\nEESs technical architecture: provisions are made to define the EESs technical\narchitecture. It will consist of the following main components: (i)\na Central Unit and a Back-up Central Unit; (ii) a National System\ncomprising the required hardware, software and national\ncommunication infrastructure to connect the end user devices of the\ncompetent authorities with the Network Entry Points in each Member\nState; (iii) the Uniform Interfaces in each Member State based on\ncommon technical specifications and identical for all Member\nStates; (iv) the Network Entry Points, connecting the National\nSystem of each Member State to the Central System; and (v) the\nCommunication Infrastructure between the Central EES and the\nNetwork Entry Points.
\nPersonal files and fingerprints: the proposal lays down the procedures for the drawing\nup of personal files and entry/exit records of those\nconcerned:
\nChildren under the age of 12 shall be exempt from the\nrequirement to give fingerprints for legal reasons, as will persons\nfor whom fingerprinting is physically impossible.
\nFor a period of three years after the EES has\nstarted operation only the alphanumeric data shall be\nrecorded.
\nData protection: the\nproposal includes a number of provisions on data protection, as\nwell as defining strictly those persons with exclusive access to\nthe EES having the right to enter, amend, delete and consult\ndata depending on the objectives pursued. National authorities\nshould be designated to this end:
\nProvision is also made for data security, control of\nthe use of data, as well as for sanctions in the event of their\ninappropriate use and for procedural guarantees for persons whose\ndata have been used (including appeal mechanisms, etc.).
\nRole of the Agency: the\nEuropean Agency for the operational management of large-scale\ninformation systems in the area of freedom, security and justice\nshall be entrusted with the tasks of development and operational\nmanagement of the EES. The Agency shall be responsible for the\ndevelopment of the Central Unit, the Back-Up Central Unit, the\nUniform Interfaces including the Network Entry Points and the\nCommunication Infrastructure. Technical provisions lay down the\ntasks, mission and responsibilities of the Agency in this context.\nProvisions are also included defining the Member States\nresponsibilities in regard to the EES infrastructure and its\nuse.
\nOperational management of the EES shall consist of all\nthe tasks necessary to keep the EES functioning 24 hours a day, 7\ndays a week.
\nEvaluation: two years\nafter the start of operations of the EES and every two years\nthereafter, the Agency shall submit to the European Parliament, the\nCouncil and the Commission a report on the technical functioning of\nEES, including the security thereof. For its part, , the Commission\nshall produce an overall evaluation of the EES two years after the\nEES is brought into operation and every four years\nthereafter.
\nTerritorial measures: given that the proposal constitutes a further\ndevelopment of the Schengen acquis, it will have direct\nconsequences for certain Member States and associated countries, in\naccordance with the relevant texts of the Treaties, Protocols and\nAgreements concluded with third countries:
\nBUDGETARY\nIMPLICATION: the Commission's proposal for the next multi-annual\nfinancial framework (MFF) includes a proposal of EUR 4.6 billion\nfor the Internal Security Fund (ISF) for the period 2014-2020. In\nthe proposal, EUR 1.1 billion is set aside as an indicative\namount for the development of an EES and an RTP assuming\ndevelopment costs would start from 2015.
\nThis financial support would cover not only the costs\nof central components for the entire MFF period (EU level, both\ndevelopment and operational cost) but also the development costs\nfor the national, Member States, components of these two systems,\nwithin the resources available.
\nPURPOSE: to establish an Entry/Exit System (EES) to\nregister entry and exit data of third-country nationals crossing\nthe external borders of the Member States of the European\nUnion.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: Parliament decides in\naccordance with the ordinary legislative procedure and on an equal\nfooting with the Council.
\nBACKGROUND: according to the Schengen Borders\nCode, EU citizens and other\npersons enjoying the right of free movement under Union law\ncrossing the external border shall be subject to a minimum check,\nboth at entry and exit, consisting of the verification of the\ntravel document in order to establish the identity of the person.\nOn the other hand, all third country nationals however must be\nsubject, at entry, to a thorough check, which implies a check of\ntheir purpose of stay, possession of sufficient means of\nsubsistence, as well as a search in the Schengen Information System\n(SIS) and in national databases.
\nThere are no provisions in the Schengen Borders Code\non the recording of travellers' cross border movements. Currently,\nstamping the travel document is the sole method to indicate the\ndates of entry and exit which can be used by border guards and\nimmigration authorities to calculate the duration of the stay of a\nthird-country national in the Schengen area, which shall not exceed\n90 days within a period of 180 days. Other measures and tools\navailable at border crossing points, such as databases (SIS and the\nVisa Information System VIS), the consultation of which is\ncompulsory at entry, but not at exit, are not intended for the\npurpose of recording border crossings and do not provide for this\nfunctionality.
\nThere are currently no electronic means to check if,\nwhere and when a third-country national has entered or left the\nSchengen area. Reliable data on the\nnumber of irregular immigrants currently staying in the EU does not\nexist either (estimates of the number of irregular immigrants\nwithin the EU vary between 1.9 and 3.8 million).
\nFor these reasons, it is appropriate to create an\nEntry/Exit System and to define the purpose, the\nfunctionalities and responsibilities for its use.
\nIt should be noted that this proposal has been\npresented together with a proposal to establish a Registered Traveller\nProgramme and a proposal to amend the Community\nCode on the rules governing checks at external border crossing\npoints and surveillance at the external border (Schengen Borders Code) for\nthe purpose of the functioning of the two new systems.
\nIMPACT ASSESSMENT: a first impact assessment was carried\nout in 2008 when preparing the Commission Communication on\nthis subject (please refer to the European Parliaments\nposition on this question 2008/2181(INI)).
\nA second was completed in 2012.\nIt analysed key implementation options. Analysis of the different\noptions and sub-options showed that the preferred solution for an\nEES should be the following:
\nLEGAL BASIS: Articles 74 and 77(2)(b) and (d) of the\nTreaty on the Functioning of the European Union (TFEU).
\nCONTENT: the proposal has three main\nobjectives:
\nScope: the Regulation\nshall apply to any third country national admitted for a short stay\nin the territory of the Member States. Provisions are also included\nto determine persons to whom the Regulation does not apply, in\nparticular third country nationals who are members of the family of\na Union citizen who holds a residence card, and holders of\nresidence permits referred to in the Schengen Borders Code, whose\nstay is limited to 90 days within a period of 180 days.
\nPurpose of the system:
\n(a) improve the management of the external\nborders: the EES will facilitate the\nimprovement of the management of the Unions external borders\nby offering a system that will calculate the length of each\ntravellers authorised stay (the so-called automated\ncalculator):
\n(b) better control of illegal immigration:\nthe system will assist in the identification of\nany person who may not, or may no longer, fulfil the conditions for\nentry to, or stay on the territory of the Member States; this\nconcerns notably persons who are found during checks within the\nterritory not in possession of their travel documents or any other\nmeans of identification;
\n(c) support the analysis of the entries and exits of\nthird-country nationals: the system\nwill provide a precise picture of travel flows at the external\nborders and the number of overstayers.
\nThe mechanism set in place will provide:
\nEESs technical architecture: provisions are made to define the EESs technical\narchitecture. It will consist of the following main components: (i)\na Central Unit and a Back-up Central Unit; (ii) a National System\ncomprising the required hardware, software and national\ncommunication infrastructure to connect the end user devices of the\ncompetent authorities with the Network Entry Points in each Member\nState; (iii) the Uniform Interfaces in each Member State based on\ncommon technical specifications and identical for all Member\nStates; (iv) the Network Entry Points, connecting the National\nSystem of each Member State to the Central System; and (v) the\nCommunication Infrastructure between the Central EES and the\nNetwork Entry Points.
\nPersonal files and fingerprints: the proposal lays down the procedures for the drawing\nup of personal files and entry/exit records of those\nconcerned:
\nChildren under the age of 12 shall be exempt from the\nrequirement to give fingerprints for legal reasons, as will persons\nfor whom fingerprinting is physically impossible.
\nFor a period of three years after the EES has\nstarted operation only the alphanumeric data shall be\nrecorded.
\nData protection: the\nproposal includes a number of provisions on data protection, as\nwell as defining strictly those persons with exclusive access to\nthe EES having the right to enter, amend, delete and consult\ndata depending on the objectives pursued. National authorities\nshould be designated to this end:
\nProvision is also made for data security, control of\nthe use of data, as well as for sanctions in the event of their\ninappropriate use and for procedural guarantees for persons whose\ndata have been used (including appeal mechanisms, etc.).
\nRole of the Agency: the\nEuropean Agency for the operational management of large-scale\ninformation systems in the area of freedom, security and justice\nshall be entrusted with the tasks of development and operational\nmanagement of the EES. The Agency shall be responsible for the\ndevelopment of the Central Unit, the Back-Up Central Unit, the\nUniform Interfaces including the Network Entry Points and the\nCommunication Infrastructure. Technical provisions lay down the\ntasks, mission and responsibilities of the Agency in this context.\nProvisions are also included defining the Member States\nresponsibilities in regard to the EES infrastructure and its\nuse.
\nOperational management of the EES shall consist of all\nthe tasks necessary to keep the EES functioning 24 hours a day, 7\ndays a week.
\nEvaluation: two years\nafter the start of operations of the EES and every two years\nthereafter, the Agency shall submit to the European Parliament, the\nCouncil and the Commission a report on the technical functioning of\nEES, including the security thereof. For its part, , the Commission\nshall produce an overall evaluation of the EES two years after the\nEES is brought into operation and every four years\nthereafter.
\nTerritorial measures: given that the proposal constitutes a further\ndevelopment of the Schengen acquis, it will have direct\nconsequences for certain Member States and associated countries, in\naccordance with the relevant texts of the Treaties, Protocols and\nAgreements concluded with third countries:
\nBUDGETARY IMPLICATION: the Commission's proposal for\nthe next multi-annual financial framework (MFF) includes a proposal\nof EUR 4.6 billion for the Internal Security Fund (ISF) for the\nperiod 2014-2020. In the proposal, EUR 1.1 billion is set aside\nas an indicative amount for the development of an EES and an\nRTP assuming development costs would start from\n2015.
\nThis financial support would cover not only the costs\nof central components for the entire MFF period (EU level, both\ndevelopment and operational cost) but also the development costs\nfor the national, Member States, components of these two systems,\nwithin the resources available.
\nPURPOSE: to establish an Entry/Exit System (EES) to\nregister entry and exit data of third-country nationals crossing\nthe external borders of the Member States of the European\nUnion.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: Parliament decides in\naccordance with the ordinary legislative procedure and on an equal\nfooting with the Council.
\nBACKGROUND: according to the Schengen Borders\nCode, EU citizens and other\npersons enjoying the right of free movement under Union law\ncrossing the external border shall be subject to a minimum check,\nboth at entry and exit, consisting of the verification of the\ntravel document in order to establish the identity of the person.\nOn the other hand, all third country nationals however must be\nsubject, at entry, to a thorough check, which implies a check of\ntheir purpose of stay, possession of sufficient means of\nsubsistence, as well as a search in the Schengen Information System\n(SIS) and in national databases.
\nThere are no provisions in the Schengen Borders Code\non the recording of travellers' cross border movements. Currently,\nstamping the travel document is the sole method to indicate the\ndates of entry and exit which can be used by border guards and\nimmigration authorities to calculate the duration of the stay of a\nthird-country national in the Schengen area, which shall not exceed\n90 days within a period of 180 days. Other measures and tools\navailable at border crossing points, such as databases (SIS and the\nVisa Information System VIS), the consultation of which is\ncompulsory at entry, but not at exit, are not intended for the\npurpose of recording border crossings and do not provide for this\nfunctionality.
\nThere are currently no electronic means to check if,\nwhere and when a third-country national has entered or left the\nSchengen area. Reliable data on the\nnumber of irregular immigrants currently staying in the EU does not\nexist either (estimates of the number of irregular immigrants\nwithin the EU vary between 1.9 and 3.8 million).
\nFor these reasons, it is appropriate to create an\nEntry/Exit System and to define the purpose, the\nfunctionalities and responsibilities for its use.
\nIt should be noted that this proposal has been\npresented together with a proposal to establish a Registered Traveller\nProgramme and a proposal to amend the Community\nCode on the rules governing checks at external border crossing\npoints and surveillance at the external border (Schengen Borders Code) for\nthe purpose of the functioning of the two new systems.
\nIMPACT ASSESSMENT: a first impact assessment was carried\nout in 2008 when preparing the Commission Communication on\nthis subject (please refer to the European Parliaments\nposition on this question 2008/2181(INI)).
\nA second was completed in 2012.\nIt analysed key implementation options. Analysis of the different\noptions and sub-options showed that the preferred solution for an\nEES should be the following:
\nLEGAL BASIS: Articles 74 and 77(2)(b) and (d) of the\nTreaty on the Functioning of the European Union (TFEU).
\nCONTENT: the proposal has three main\nobjectives:
\nScope: the Regulation\nshall apply to any third country national admitted for a short stay\nin the territory of the Member States. Provisions are also included\nto determine persons to whom the Regulation does not apply, in\nparticular third country nationals who are members of the family of\na Union citizen who holds a residence card, and holders of\nresidence permits referred to in the Schengen Borders Code, whose\nstay is limited to 90 days within a period of 180 days.
\nPurpose of the system:
\n(a) improve the management of the external\nborders: the EES will facilitate the\nimprovement of the management of the Unions external borders\nby offering a system that will calculate the length of each\ntravellers authorised stay (the so-called automated\ncalculator):
\n(b) better control of illegal immigration:\nthe system will assist in the identification of\nany person who may not, or may no longer, fulfil the conditions for\nentry to, or stay on the territory of the Member States; this\nconcerns notably persons who are found during checks within the\nterritory not in possession of their travel documents or any other\nmeans of identification;
\n(c) support the analysis of the entries and exits of\nthird-country nationals: the system\nwill provide a precise picture of travel flows at the external\nborders and the number of overstayers.
\nThe mechanism set in place will provide:
\nEESs technical architecture: provisions are made to define the EESs technical\narchitecture. It will consist of the following main components: (i)\na Central Unit and a Back-up Central Unit; (ii) a National System\ncomprising the required hardware, software and national\ncommunication infrastructure to connect the end user devices of the\ncompetent authorities with the Network Entry Points in each Member\nState; (iii) the Uniform Interfaces in each Member State based on\ncommon technical specifications and identical for all Member\nStates; (iv) the Network Entry Points, connecting the National\nSystem of each Member State to the Central System; and (v) the\nCommunication Infrastructure between the Central EES and the\nNetwork Entry Points.
\nPersonal files and fingerprints: the proposal lays down the procedures for the drawing\nup of personal files and entry/exit records of those\nconcerned:
\nChildren under the age of 12 shall be exempt from the\nrequirement to give fingerprints for legal reasons, as will persons\nfor whom fingerprinting is physically impossible.
\nFor a period of three years after the EES has\nstarted operation only the alphanumeric data shall be\nrecorded.
\nData protection: the\nproposal includes a number of provisions on data protection, as\nwell as defining strictly those persons with exclusive access to\nthe EES having the right to enter, amend, delete and consult\ndata depending on the objectives pursued. National authorities\nshould be designated to this end:
\nProvision is also made for data security, control of\nthe use of data, as well as for sanctions in the event of their\ninappropriate use and for procedural guarantees for persons whose\ndata have been used (including appeal mechanisms, etc.).
\nRole of the Agency: the\nEuropean Agency for the operational management of large-scale\ninformation systems in the area of freedom, security and justice\nshall be entrusted with the tasks of development and operational\nmanagement of the EES. The Agency shall be responsible for the\ndevelopment of the Central Unit, the Back-Up Central Unit, the\nUniform Interfaces including the Network Entry Points and the\nCommunication Infrastructure. Technical provisions lay down the\ntasks, mission and responsibilities of the Agency in this context.\nProvisions are also included defining the Member States\nresponsibilities in regard to the EES infrastructure and its\nuse.
\nOperational management of the EES shall consist of all\nthe tasks necessary to keep the EES functioning 24 hours a day, 7\ndays a week.
\nEvaluation: two years\nafter the start of operations of the EES and every two years\nthereafter, the Agency shall submit to the European Parliament, the\nCouncil and the Commission a report on the technical functioning of\nEES, including the security thereof. For its part, , the Commission\nshall produce an overall evaluation of the EES two years after the\nEES is brought into operation and every four years\nthereafter.
\nTerritorial measures: given that the proposal constitutes a further\ndevelopment of the Schengen acquis, it will have direct\nconsequences for certain Member States and associated countries, in\naccordance with the relevant texts of the Treaties, Protocols and\nAgreements concluded with third countries:
\nBUDGETARY IMPLICATION: the Commission's proposal for\nthe next multi-annual financial framework (MFF) includes a proposal\nof EUR 4.6 billion for the Internal Security Fund (ISF) for the\nperiod 2014-2020. In the proposal, EUR 1.1 billion is set aside\nas an indicative amount for the development of an EES and an\nRTP assuming development costs would start from\n2015.
\nThis financial support would cover not only the costs\nof central components for the entire MFF period (EU level, both\ndevelopment and operational cost) but also the development costs\nfor the national, Member States, components of these two systems,\nwithin the resources available.
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