BETA


2013/0060(COD) Schengen Borders Code: use of the Entry/Exit System (EES) and the Registered Traveller Programme (RTP)

Progress: Awaiting committee decision

RoleCommitteeRapporteurShadows
Lead LIBE
Former Responsible Committee LIBE SOMMER Renate (icon: PPE PPE), ENCIU Ioan (icon: S&D S&D)
Former Responsible Committee LIBE DÍAZ DE MERA GARCÍA CONSUEGRA Agustín (icon: PPE PPE), FAJON Tanja (icon: S&D S&D)
Committee Opinion AFET
Committee Opinion DEVE
Former Committee Opinion AFET
Former Committee Opinion AFET
Former Committee Opinion DEVE
Former Committee Opinion DEVE
Lead committee dossier:
Legal Basis:
TFEU 077-p2

Events

2019/10/21
   EP - Committee referral announced in Parliament, 1st reading/single reading
2014/10/20
   EP - Committee referral announced in Parliament, 1st reading/single reading
2014/07/22
   EP - DÍAZ DE MERA GARCÍA CONSUEGRA Agustín (PPE) appointed as rapporteur in LIBE
2014/07/22
   EP - FAJON Tanja (S&D) appointed as rapporteur in LIBE
2013/11/29
   CofR - Committee of the Regions: opinion
Documents
2013/07/01
   CZ_SENATE - Contribution
Documents
2013/06/07
   RO_CHAMBER - Contribution
Documents
2013/04/24
   PT_PARLIAMENT - Contribution
Documents
2013/04/19
   ES_PARLIAMENT - Contribution
Documents
2013/03/14
   EP - Committee referral announced in Parliament, 1st reading/single reading
2013/02/28
   EC - Legislative proposal published
Details

PURPOSE: to amend Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing the Schengen Borders Code as regards the use of the Entry/Exit System (EES) and the Registered Traveller Programme (RTP).

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: according to the Schengen Borders Code , EU citizens and other persons enjoying the right of free movement under Union law (e.g. family members of EU citizens) crossing the external border shall be subject to a minimum check, both at entry and exit, consisting of the verification of the travel document in order to establish the identity of the person. On the other hand, all third country nationals however must be subject, at entry, to a thorough check.

However, current rules for third-country nationals could be described as "one-size-fits-all" as the same checks apply regardless of any differences in risk between different travellers or their frequency of travel.

Taking into account the foreseen increase in passenger flows at the external borders, an alternative border check procedure should be offered for frequent third-country travellers moving gradually away from a "country-centric" approach towards a "person-centric" approach.

This is what is proposed in the draft Regulation establishing a totally automated Registered Traveller Programme (RTP).

The establishment of an Entry/Exit System (EES) with or without biometrics which would record entries and exits of third-country nationals for short stays at the external borders would be the precondition for allowing full automation of the border checks for registered travellers.

These new measures, which are the subject of separate proposals, cannot come into full application without amending the Schengen Borders Code.

This is why, in addition to presenting the two above-mentioned proposals, it is proposed to amend the Schengen Code which governs the movement of persons across borders and their monitoring, to ensure the functioning of the two new systems.

IMPACT ASSESSMENT: the analysis of the impact relevant to this proposal is covered in the impact assessments relating to the legislative proposals on the establishment of an Entry/Exit System (EES) and the Registered Traveller Programme (RTP) – please refer to the respective summaries .

LEGAL BASIS: Article 77 (2) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the main amendments proposed are the following:

Definitions: the addition of EES, RTP, registered traveller and automated border control (ABC).

Data to be entered in the EES: a new Article 5a is added on the general obligation for a third country national entering the Schengen area to be registered in the EES, together with the exceptions concerning third country nationals that are exempted from border checks or from the obligation to cross external borders only at border crossing points or during the fixed opening hours.

Border checks on persons : in Article 7(2), the obligation to check the authenticity of the travel documents that contain an electronic storage medium using valid certificates has been added.

Provision has also been made for the following:

the obligation to check whether the third country national entering the Schengen area has not yet exceeded the maximum duration of authorised stay by checking the stamps in the passport has been replaced by an obligation to consult the EES; the obligation for border guards to verify whether a third country national traveller has already been registered in the EES; the obligation for border guards to verify during the exit check whether a third country national exceeded the maximum duration of stay by consulting the EES; description of the verification of identity and participation in the RTP for a registered traveller; an obligation for border guards to inform third country nationals on their request about the maximum number of days they are still allowed to stay within the Schengen area, as set out in the EES and if applicable in the VIS.

Border checks on Registered Travellers and use of automated means for border checks: a new Article 7a Paragraph 1 describes the derogations from thorough checks applicable to a registered traveller at entry of the Schengen area. These relate to: (i) thorough check of the travel document; (ii) verification of point of departure and destination, the purpose of the stay including supporting documents; (iii) verification of the possession of sufficient means of subsistence.

Provision is also made for a procedure for travellers that are identified by the ABC gate as non-registered travellers or for registered travellers who do not fulfil all entry conditions. In these cases, the normal procedures (carried out by a border guard) shall be applicable.

Other technical provisions have been added on the use of the automated controls, as well as technical amendments relating to the establishment of the EES and the RTP. The entry and exit conditions for the travellers concerned as such remain unchanged.

Relaxation of border checks: the existing text is adapted to the establishment of the EES and the abolition of the stamping of passports. The obligation to always enter the data of the traveller into the EES while exiting the Schengen area is highlighted. Even in situations of relaxation of border check procedures the registration in the EES shall be carried out.

Separate lanes and information on signs: the current text has been amended to clarify that registered travellers are allowed to use the lanes provided for EU citizens. A new paragraph 6 is added to take account of the introduction of ABC means. In order to have a harmonised approach, Member States shall use for ABC lanes the signs contained in Annex III Part D shall be used by all Member States at all border crossing points.

Presumptions as regards fulfilment of conditions of duration of stay: the existing text is adapted to the establishment of the EES. Currently, Article 11 regulates the procedures and assumptions in case of absence of entry or exit stamps. With the EES, the stamping will be replaced by an entry in the EES.

Annex III Model signs indicating lanes at border crossing points: the signs contained in Annex III are completed by adding new signs for the use of ABC means and the introduction of the RTP.

It should be noted that the existing Article 10 (stamping obligations) is deleted, as are Annex II point (f), Annex IV and Annex VIII.

Territorial measures: given that the proposal constitutes a further development of the Schengen acquis, it will have direct consequences for certain Member States and associated countries, in accordance with the relevant texts of the Treaties, Protocols and Agreements concluded with third countries:

Denmark shall decide within a period of six months after the Council has decided on this proposal whether it will implement it in its national law; Ireland and the United Kingdom: these Member States are not taking part in the adoption of this Regulation and are not bound by it or subject to its application; Iceland, Norway, Switzerland and Liechtenstein shall be associated with the application of this Regulation; Cyprus, Bulgaria and Romania shall apply this Regulation because it replaces the requirement to check the length of stay of third country nationals.

BUDGETARY IMPLICATION: the proposed amendment has no implications for the EU’s budget.

2012/11/26
   EP - SOMMER Renate (PPE) appointed as rapporteur in LIBE
2012/11/26
   EP - ENCIU Ioan (S&D) appointed as rapporteur in LIBE

Documents

History

(these mark the time of scraping, not the official date of the change)

events/3
date
2019-10-21T00:00:00
type
Committee referral announced in Parliament, 1st reading/single reading
body
EP
events/0/docs/0/url
Old
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
New
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
events/0/docs/0/url
Old
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
New
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
events/0/docs/0/url
Old
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
New
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
committees/1/rapporteur
  • name: SOMMER Renate date: 2012-11-26T00:00:00 group: European People's Party (Christian Democrats) abbr: PPE
  • name: ENCIU Ioan date: 2012-11-26T00:00:00 group: Progressive Alliance of Socialists and Democrats abbr: S&D
committees/3/opinion
False
events/0/docs/0/url
Old
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
New
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
events/0/docs/0/url
Old
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
New
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
events/0/docs/0/url
Old
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
New
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
events/0/docs/0/url
Old
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
New
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
events/0/docs/0/url
Old
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
New
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
committees/0/date
    committees/1/date
      committees/2/date
      • 2014-07-22T00:00:00
      • 2014-07-22T00:00:00
      committees/2/rapporteur/0/date
      2014-07-22T00:00:00
      committees/2/rapporteur/1/date
      2014-07-22T00:00:00
      committees/3/date
        committees/4/date
          committees/5/date
            committees/6/date
              committees/7/date
                committees/8/date
                  events/0/docs/0/url
                  Old
                  http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  New
                  http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  events/0/docs/0/url
                  Old
                  http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  New
                  http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  events/0/docs/0/url
                  Old
                  http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  New
                  http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  events/0/docs/0/url
                  Old
                  http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  New
                  http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  events/0/docs/0/url
                  Old
                  http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  New
                  http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  events/0/docs/0/url
                  Old
                  http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  New
                  http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  events/0/docs/0/url
                  Old
                  http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  New
                  http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  events/0/docs/0/url
                  Old
                  http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  New
                  http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  committees/1/date/0
                  2014-07-22T00:00:00
                  committees/1/date/1
                  2014-07-22T00:00:00
                  committees/1/rapporteur
                  • name: DÍAZ DE MERA GARCÍA CONSUEGRA Agustín group: European People's Party (Christian Democrats) abbr: PPE
                  • name: FAJON Tanja group: Progressive Alliance of Socialists and Democrats abbr: S&D
                  committees/2/date/0
                  2014-07-22T00:00:00
                  committees/2/date/1
                  2014-07-22T00:00:00
                  committees/2/rapporteur
                  • name: DÍAZ DE MERA GARCÍA CONSUEGRA Agustín group: European People's Party (Christian Democrats) abbr: PPE
                  • name: FAJON Tanja group: Progressive Alliance of Socialists and Democrats abbr: S&D
                  committees/1/date/0
                  2014-07-22T00:00:00
                  committees/1/date/1
                  2014-07-22T00:00:00
                  committees/1/rapporteur
                  • name: DÍAZ DE MERA GARCÍA CONSUEGRA Agustín group: European People's Party (Christian Democrats) abbr: PPE
                  • name: FAJON Tanja group: Progressive Alliance of Socialists and Democrats abbr: S&D
                  committees/2/date/0
                  2014-07-22T00:00:00
                  committees/2/date/1
                  2014-07-22T00:00:00
                  committees/2/rapporteur
                  • name: DÍAZ DE MERA GARCÍA CONSUEGRA Agustín group: European People's Party (Christian Democrats) abbr: PPE
                  • name: FAJON Tanja group: Progressive Alliance of Socialists and Democrats abbr: S&D
                  events/0/docs/0/url
                  Old
                  http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  New
                  http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  events/0/docs/0/url
                  Old
                  http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  New
                  http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                  committees/2/rapporteur/0
                  name
                  DÍAZ DE MERA GARCÍA CONSUEGRA Agustín
                  group
                  European People's Party (Christian Democrats)
                  abbr
                  PPE
                  committees/2/rapporteur/0
                  name
                  DÍAZ DE MERA GARCÍA CONSUEGRA Agustín
                  group
                  Group of European People's Party
                  abbr
                  EPP
                  activities
                  • date: 2013-02-28T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf title: COM(2013)0096 type: Legislative proposal published celexid: CELEX:52013PC0096:EN body: EC commission: DG: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs Commissioner: MALMSTRÖM Cecilia type: Legislative proposal published
                  • date: 2013-03-14T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: False committee_full: Development committee: DEVE body: EP shadows: group: ECR name: HALLA-AHO Jussi group: ALDE name: HYUSMENOVA Filiz group: GUE/NGL name: VERGIAT Marie-Christine group: Verts/ALE name: KELLER Ska group: EFD name: CORRAO Ignazio responsible: True committee: LIBE date: 2014-07-22T00:00:00 2014-07-22T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: EPP name: DÍAZ DE MERA GARCÍA CONSUEGRA Agustín group: S&D name: FAJON Tanja body: EP responsible: True committee: LIBE date: 2012-11-26T00:00:00 2012-11-26T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: SOMMER Renate group: S&D name: ENCIU Ioan
                  • date: 2014-10-20T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: False committee_full: Development committee: DEVE body: EP shadows: group: ECR name: HALLA-AHO Jussi group: ALDE name: HYUSMENOVA Filiz group: GUE/NGL name: VERGIAT Marie-Christine group: Verts/ALE name: KELLER Ska group: EFD name: CORRAO Ignazio responsible: True committee: LIBE date: 2014-07-22T00:00:00 2014-07-22T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: EPP name: DÍAZ DE MERA GARCÍA CONSUEGRA Agustín group: S&D name: FAJON Tanja body: EP responsible: True committee: LIBE date: 2012-11-26T00:00:00 2012-11-26T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: SOMMER Renate group: S&D name: ENCIU Ioan
                  commission
                  • body: EC dg: Migration and Home Affairs commissioner: MALMSTRÖM Cecilia
                  committees/0/associated
                  False
                  committees/0/committee
                  Old
                  AFET
                  New
                  LIBE
                  committees/0/committee_full
                  Old
                  Foreign Affairs
                  New
                  Civil Liberties, Justice and Home Affairs
                  committees/0/date
                    committees/0/responsible
                    False
                    committees/0/type
                    Responsible Committee
                    committees/1/associated
                    False
                    committees/1/committee
                    Old
                    DEVE
                    New
                    LIBE
                    committees/1/committee_full
                    Old
                    Development
                    New
                    Civil Liberties, Justice and Home Affairs
                    committees/1/date
                      committees/1/responsible
                      False
                      committees/1/type
                      Former Responsible Committee
                      committees/2/associated
                      False
                      committees/2/rapporteur/0
                      name
                      DÍAZ DE MERA GARCÍA CONSUEGRA Agustín
                      group
                      Group of European People's Party
                      abbr
                      EPP
                      committees/2/rapporteur/0
                      group
                      EPP
                      name
                      DÍAZ DE MERA GARCÍA CONSUEGRA Agustín
                      committees/2/rapporteur/1
                      name
                      FAJON Tanja
                      group
                      Progressive Alliance of Socialists and Democrats
                      abbr
                      S&D
                      committees/2/rapporteur/1
                      group
                      S&D
                      name
                      FAJON Tanja
                      committees/2/responsible
                      True
                      committees/2/shadows
                      • group: ECR name: HALLA-AHO Jussi
                      • group: ALDE name: HYUSMENOVA Filiz
                      • group: GUE/NGL name: VERGIAT Marie-Christine
                      • group: Verts/ALE name: KELLER Ska
                      • group: EFD name: CORRAO Ignazio
                      committees/2/type
                      Former Responsible Committee
                      committees/3/associated
                      False
                      committees/3/committee
                      Old
                      LIBE
                      New
                      AFET
                      committees/3/committee_full
                      Old
                      Civil Liberties, Justice and Home Affairs
                      New
                      Foreign Affairs
                      committees/3/date/0
                      2012-11-26T00:00:00
                      committees/3/date/1
                      2012-11-26T00:00:00
                      committees/3/rapporteur
                      • group: PPE name: SOMMER Renate
                      • group: S&D name: ENCIU Ioan
                      committees/3/responsible
                      True
                      committees/3/type
                      Committee Opinion
                      committees/4
                      type
                      Committee Opinion
                      body
                      EP
                      associated
                      False
                      committee_full
                      Development
                      committee
                      DEVE
                      date
                      committees/5
                      type
                      Former Committee Opinion
                      body
                      EP
                      associated
                      False
                      committee_full
                      Foreign Affairs
                      committee
                      AFET
                      date
                      committees/6
                      type
                      Former Committee Opinion
                      body
                      EP
                      associated
                      False
                      committee_full
                      Foreign Affairs
                      committee
                      AFET
                      date
                      committees/7
                      type
                      Former Committee Opinion
                      body
                      EP
                      associated
                      False
                      committee_full
                      Development
                      committee
                      DEVE
                      date
                      committees/8
                      type
                      Former Committee Opinion
                      body
                      EP
                      associated
                      False
                      committee_full
                      Development
                      committee
                      DEVE
                      date
                      docs
                      • date: 2013-11-29T00:00:00 docs: url: https://dm.cor.europa.eu/CORDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:3534)(documentyear:2013)(documentlanguage:EN) title: CDR3534/2013 type: Committee of the Regions: opinion body: CofR
                      • date: 2013-07-01T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2013)0096 title: COM(2013)0096 type: Contribution body: CZ_SENATE
                      • date: 2013-04-19T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2013)0096 title: COM(2013)0096 type: Contribution body: ES_PARLIAMENT
                      • date: 2013-04-24T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2013)0096 title: COM(2013)0096 type: Contribution body: PT_PARLIAMENT
                      • date: 2013-06-07T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2013)0096 title: COM(2013)0096 type: Contribution body: RO_CHAMBER
                      events
                      • date: 2013-02-28T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf title: COM(2013)0096 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=96 title: EUR-Lex summary: PURPOSE: to amend Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing the Schengen Borders Code as regards the use of the Entry/Exit System (EES) and the Registered Traveller Programme (RTP). PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: according to the Schengen Borders Code , EU citizens and other persons enjoying the right of free movement under Union law (e.g. family members of EU citizens) crossing the external border shall be subject to a minimum check, both at entry and exit, consisting of the verification of the travel document in order to establish the identity of the person. On the other hand, all third country nationals however must be subject, at entry, to a thorough check. However, current rules for third-country nationals could be described as "one-size-fits-all" as the same checks apply regardless of any differences in risk between different travellers or their frequency of travel. Taking into account the foreseen increase in passenger flows at the external borders, an alternative border check procedure should be offered for frequent third-country travellers moving gradually away from a "country-centric" approach towards a "person-centric" approach. This is what is proposed in the draft Regulation establishing a totally automated Registered Traveller Programme (RTP). The establishment of an Entry/Exit System (EES) with or without biometrics which would record entries and exits of third-country nationals for short stays at the external borders would be the precondition for allowing full automation of the border checks for registered travellers. These new measures, which are the subject of separate proposals, cannot come into full application without amending the Schengen Borders Code. This is why, in addition to presenting the two above-mentioned proposals, it is proposed to amend the Schengen Code which governs the movement of persons across borders and their monitoring, to ensure the functioning of the two new systems. IMPACT ASSESSMENT: the analysis of the impact relevant to this proposal is covered in the impact assessments relating to the legislative proposals on the establishment of an Entry/Exit System (EES) and the Registered Traveller Programme (RTP) – please refer to the respective summaries . LEGAL BASIS: Article 77 (2) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the main amendments proposed are the following: Definitions: the addition of EES, RTP, registered traveller and automated border control (ABC). Data to be entered in the EES: a new Article 5a is added on the general obligation for a third country national entering the Schengen area to be registered in the EES, together with the exceptions concerning third country nationals that are exempted from border checks or from the obligation to cross external borders only at border crossing points or during the fixed opening hours. Border checks on persons : in Article 7(2), the obligation to check the authenticity of the travel documents that contain an electronic storage medium using valid certificates has been added. Provision has also been made for the following: the obligation to check whether the third country national entering the Schengen area has not yet exceeded the maximum duration of authorised stay by checking the stamps in the passport has been replaced by an obligation to consult the EES; the obligation for border guards to verify whether a third country national traveller has already been registered in the EES; the obligation for border guards to verify during the exit check whether a third country national exceeded the maximum duration of stay by consulting the EES; description of the verification of identity and participation in the RTP for a registered traveller; an obligation for border guards to inform third country nationals on their request about the maximum number of days they are still allowed to stay within the Schengen area, as set out in the EES and if applicable in the VIS. Border checks on Registered Travellers and use of automated means for border checks: a new Article 7a Paragraph 1 describes the derogations from thorough checks applicable to a registered traveller at entry of the Schengen area. These relate to: (i) thorough check of the travel document; (ii) verification of point of departure and destination, the purpose of the stay including supporting documents; (iii) verification of the possession of sufficient means of subsistence. Provision is also made for a procedure for travellers that are identified by the ABC gate as non-registered travellers or for registered travellers who do not fulfil all entry conditions. In these cases, the normal procedures (carried out by a border guard) shall be applicable. Other technical provisions have been added on the use of the automated controls, as well as technical amendments relating to the establishment of the EES and the RTP. The entry and exit conditions for the travellers concerned as such remain unchanged. Relaxation of border checks: the existing text is adapted to the establishment of the EES and the abolition of the stamping of passports. The obligation to always enter the data of the traveller into the EES while exiting the Schengen area is highlighted. Even in situations of relaxation of border check procedures the registration in the EES shall be carried out. Separate lanes and information on signs: the current text has been amended to clarify that registered travellers are allowed to use the lanes provided for EU citizens. A new paragraph 6 is added to take account of the introduction of ABC means. In order to have a harmonised approach, Member States shall use for ABC lanes the signs contained in Annex III Part D shall be used by all Member States at all border crossing points. Presumptions as regards fulfilment of conditions of duration of stay: the existing text is adapted to the establishment of the EES. Currently, Article 11 regulates the procedures and assumptions in case of absence of entry or exit stamps. With the EES, the stamping will be replaced by an entry in the EES. Annex III Model signs indicating lanes at border crossing points: the signs contained in Annex III are completed by adding new signs for the use of ABC means and the introduction of the RTP. It should be noted that the existing Article 10 (stamping obligations) is deleted, as are Annex II point (f), Annex IV and Annex VIII. Territorial measures: given that the proposal constitutes a further development of the Schengen acquis, it will have direct consequences for certain Member States and associated countries, in accordance with the relevant texts of the Treaties, Protocols and Agreements concluded with third countries: Denmark shall decide within a period of six months after the Council has decided on this proposal whether it will implement it in its national law; Ireland and the United Kingdom: these Member States are not taking part in the adoption of this Regulation and are not bound by it or subject to its application; Iceland, Norway, Switzerland and Liechtenstein shall be associated with the application of this Regulation; Cyprus, Bulgaria and Romania shall apply this Regulation because it replaces the requirement to check the length of stay of third country nationals. BUDGETARY IMPLICATION: the proposed amendment has no implications for the EU’s budget.
                      • date: 2013-03-14T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
                      • date: 2014-10-20T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
                      other
                      • body: EC dg: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs commissioner: MALMSTRÖM Cecilia
                      procedure/dossier_of_the_committee
                      Old
                      LIBE/8/00150
                      New
                      • LIBE/9/00051
                      procedure/instrument
                      Old
                      Regulation
                      New
                      • Regulation
                      • Amending Regulation (EC) No 562/2006 2004/0127(COD) See also 2013/0057(COD) See also 2013/0059(COD)
                      procedure/subject
                      Old
                      • 7.10.02 Schengen area, Schengen acquis
                      • 7.10.04 External borders crossing and controls, visas
                      New
                      7.10.02
                      Schengen area, Schengen acquis
                      7.10.04
                      External borders crossing and controls, visas
                      procedure/summary
                      • Amending Regulation (EC) No 562/2006
                      • See also
                      • See also
                      activities/0/docs/0/url
                      Old
                      http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                      New
                      http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                      activities/0/docs/0/url
                      Old
                      http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                      New
                      http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                      procedure/subject/0
                      Old
                      7.10.02 Schengen area
                      New
                      7.10.02 Schengen area, Schengen acquis
                      activities/0/docs/0/celexid
                      CELEX:52013PC0096:EN
                      activities/0/docs/0/celexid
                      CELEX:52013PC0096:EN
                      activities/0/docs/0/url
                      Old
                      http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                      New
                      http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                      activities/0/commission/0/DG/url
                      Old
                      http://ec.europa.eu/dgs/home-affairs/
                      New
                      http://ec.europa.eu/info/departments/migration-and-home-affairs_en
                      activities/0/docs/0/url
                      Old
                      http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                      New
                      http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                      other/0/dg/url
                      Old
                      http://ec.europa.eu/dgs/home-affairs/
                      New
                      http://ec.europa.eu/info/departments/migration-and-home-affairs_en
                      activities/0/docs/0/url
                      Old
                      http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                      New
                      http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                      activities/0/docs/0/url
                      Old
                      http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                      New
                      http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                      activities/0/docs/0/url
                      Old
                      http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                      New
                      http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                      activities/0/docs/0/celexid
                      CELEX:52013PC0096:EN
                      activities/0/docs/0/url
                      Old
                      http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                      New
                      http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                      activities/0/docs/0/url
                      Old
                      http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                      New
                      http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf
                      activities/0/docs/0/celexid
                      CELEX:52013PC0096:EN
                      links/European Commission/title
                      Old
                      PreLex
                      New
                      EUR-Lex
                      activities/0/commission/0/DG/title
                      Old
                      Home Affairs
                      New
                      Migration and Home Affairs
                      other/0/dg/title
                      Old
                      Home Affairs
                      New
                      Migration and Home Affairs
                      activities/1/committees/2/shadows/0
                      group
                      ECR
                      name
                      HALLA-AHO Jussi
                      activities/1/committees/2/shadows/1
                      group
                      ALDE
                      name
                      HYUSMENOVA Filiz
                      activities/1/committees/2/shadows/2
                      group
                      GUE/NGL
                      name
                      VERGIAT Marie-Christine
                      activities/1/committees/2/shadows/3
                      group
                      Verts/ALE
                      name
                      KELLER Ska
                      activities/2/committees/2/shadows/0
                      group
                      ECR
                      name
                      HALLA-AHO Jussi
                      activities/2/committees/2/shadows/1
                      group
                      ALDE
                      name
                      HYUSMENOVA Filiz
                      activities/2/committees/2/shadows/2
                      group
                      GUE/NGL
                      name
                      VERGIAT Marie-Christine
                      activities/2/committees/2/shadows/3
                      group
                      Verts/ALE
                      name
                      KELLER Ska
                      committees/2/shadows/0
                      group
                      ECR
                      name
                      HALLA-AHO Jussi
                      committees/2/shadows/1
                      group
                      ALDE
                      name
                      HYUSMENOVA Filiz
                      committees/2/shadows/2
                      group
                      GUE/NGL
                      name
                      VERGIAT Marie-Christine
                      committees/2/shadows/3
                      group
                      Verts/ALE
                      name
                      KELLER Ska
                      activities/2
                      date
                      2014-10-20T00:00:00
                      body
                      EP
                      type
                      Committee referral announced in Parliament, 1st reading/single reading
                      committees
                      activities/1/committees/2/shadows
                      • group: EFD name: CORRAO Ignazio
                      committees/2/shadows
                      • group: EFD name: CORRAO Ignazio
                      activities/1/committees/2/shadows
                      • group: EFD name: CORRAO Ignazio
                      committees/2/shadows
                      • group: EFD name: CORRAO Ignazio
                      activities/1/committees/2/shadows
                      • group: EFD name: CORRAO Ignazio
                      committees/2/shadows
                      • group: EFD name: CORRAO Ignazio
                      activities/1/committees/2/date
                      • 2014-07-22T00:00:00
                      • 2014-07-22T00:00:00
                      activities/1/committees/2/rapporteur
                      • group: EPP name: DÍAZ DE MERA GARCÍA CONSUEGRA Agustín
                      • group: S&D name: FAJON Tanja
                      committees/2/date
                      • 2014-07-22T00:00:00
                      • 2014-07-22T00:00:00
                      committees/2/rapporteur
                      • group: EPP name: DÍAZ DE MERA GARCÍA CONSUEGRA Agustín
                      • group: S&D name: FAJON Tanja
                      activities/1/committees/3/rapporteur/0/mepref
                      Old
                      4de188610fb8127435bdc32b
                      New
                      4f1adb81b819f207b30000ca
                      activities/1/committees/3/rapporteur/1/mepref
                      Old
                      4de184800fb8127435bdbda1
                      New
                      4f1ac7c0b819f25efd0000a9
                      committees/3/rapporteur/0/mepref
                      Old
                      4de188610fb8127435bdc32b
                      New
                      4f1adb81b819f207b30000ca
                      committees/3/rapporteur/1/mepref
                      Old
                      4de184800fb8127435bdbda1
                      New
                      4f1ac7c0b819f25efd0000a9
                      activities/1/committees/3
                      body
                      EP
                      responsible
                      True
                      committee
                      LIBE
                      date
                      committee_full
                      Civil Liberties, Justice and Home Affairs
                      rapporteur
                      committees/3
                      body
                      EP
                      responsible
                      True
                      committee
                      LIBE
                      date
                      committee_full
                      Civil Liberties, Justice and Home Affairs
                      rapporteur
                      activities/1/committees/2/date
                      • 2012-11-26T00:00:00
                      • 2012-11-26T00:00:00
                      activities/1/committees/2/rapporteur
                      • group: EPP name: SOMMER Renate
                      • group: S&D name: ENCIU Ioan
                      activities/1/committees/2/shadows
                      • group: ALDE name: TORVALDS Nils
                      • group: Verts/ALE name: KELLER Franziska
                      • group: ECR name: KIRKHOPE Timothy
                      • group: GUE/NGL name: TRIANTAPHYLLIDES Kyriacos
                      committees/2/date
                      • 2012-11-26T00:00:00
                      • 2012-11-26T00:00:00
                      committees/2/rapporteur
                      • group: EPP name: SOMMER Renate
                      • group: S&D name: ENCIU Ioan
                      committees/2/shadows
                      • group: ALDE name: TORVALDS Nils
                      • group: Verts/ALE name: KELLER Franziska
                      • group: ECR name: KIRKHOPE Timothy
                      • group: GUE/NGL name: TRIANTAPHYLLIDES Kyriacos
                      procedure/dossier_of_the_committee
                      Old
                      LIBE/7/12190
                      New
                      LIBE/8/00150
                      activities/0/type
                      Old
                      Legislative proposal
                      New
                      Legislative proposal published
                      activities/0/docs/0/celexid
                      CELEX:52013PC0096:EN
                      activities/0/docs/0/celexid
                      CELEX:52013PC0096:EN
                      activities/1/committees/2/shadows
                      • group: ALDE name: TORVALDS Nils
                      • group: Verts/ALE name: KELLER Franziska
                      • group: ECR name: KIRKHOPE Timothy
                      • group: GUE/NGL name: TRIANTAPHYLLIDES Kyriacos
                      committees/2/shadows
                      • group: ALDE name: TORVALDS Nils
                      • group: Verts/ALE name: KELLER Franziska
                      • group: ECR name: KIRKHOPE Timothy
                      • group: GUE/NGL name: TRIANTAPHYLLIDES Kyriacos
                      procedure/legal_basis
                      • Treaty on the Functioning of the EU TFEU 077-p2
                      procedure/legal_basis
                      • Treaty on the Functioning of the EU TFEU 077-p2
                      procedure/legal_basis
                      • Treaty on the Functioning of the EU TFEU 077-p2
                      procedure/legal_basis
                      • Treaty on the Functioning of the EU TFEU 077-p2
                      procedure/stage_reached
                      Old
                      Awaiting Parliament 1st reading / single reading / budget 1st stage
                      New
                      Awaiting committee decision
                      activities/1/committees/2/date
                      • 2012-11-26T00:00:00
                      • 2012-11-26T00:00:00
                      activities/1/committees/2/rapporteur
                      • group: EPP name: SOMMER Renate
                      • group: S&D name: ENCIU Ioan
                      committees/2/date
                      • 2012-11-26T00:00:00
                      • 2012-11-26T00:00:00
                      committees/2/rapporteur
                      • group: EPP name: SOMMER Renate
                      • group: S&D name: ENCIU Ioan
                      activities/0/docs/0/celexid
                      CELEX:52013PC0096:EN
                      activities/0/docs/0/celexid
                      CELEX:52013PC0096:EN
                      activities/0/docs/0/text/0
                      Old

                      PURPOSE: to amend Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing the Schengen Borders Code as regards the use of the Entry/Exit System (EES) and the Registered Traveller Programme (RTP).

                      PROPOSED ACT: Regulation of the European Parliament and of the Council.

                      ROLE OF THE EUROPEAN PARLIAMENT: Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

                      BACKGROUND: according to the Schengen Borders Code, EU citizens and other persons enjoying the right of free movement under Union law (e.g. family members of EU citizens) crossing the external border shall be subject to a minimum check, both at entry and exit, consisting of the verification of the travel document in order to establish the identity of the person. On the other hand, all third country nationals however must be subject, at entry, to a thorough check.

                      However, current rules for third-country nationals could be described as "one-size-fits-all" as the same checks apply regardless of any differences in risk between different travellers or their frequency of travel.

                      Taking into account the foreseen increase in passenger flows at the external borders, an alternative border check procedure should be offered for frequent third-country travellers moving gradually away from a "country-centric" approach towards a "person-centric" approach.

                      This is what is proposed in the draft Regulation establishing a totally automated Registered Traveller Programme (RTP).

                      The establishment of an Entry/Exit System (EES) with or without biometrics which would record entries and exits of third-country nationals for short stays at the external borders would be the precondition for allowing full automation of the border checks for registered travellers.

                      These new measures, which are the subject of separate proposals, cannot come into full application without amending the Schengen Borders Code.

                      This is why, in addition to presenting the two above-mentioned proposals, it is proposed to amend the Schengen Code which governs the movement of persons across borders and their monitoring, to ensure the functioning of the two new systems.

                      IMPACT ASSESSMENT: the analysis of the impact relevant to this proposal is covered in the impact assessments relating to the legislative proposals on the establishment of an Entry/Exit System (EES) and the Registered Traveller Programme (RTP) – please refer to the respective summaries.

                      LEGAL BASIS: Article 77 (2) of the Treaty on the Functioning of the European Union (TFEU).

                      CONTENT: the main amendments proposed are the following:

                      Definitions: the addition of EES, RTP, registered traveller and automated border control (ABC).

                      Data to be entered in the EES: a new Article 5a is added on the general obligation for a third country national entering the Schengen area to be registered in the EES, together with the exceptions concerning third country nationals that are exempted from border checks or from the obligation to cross external borders only at border crossing points or during the fixed opening hours.

                      Border checks on persons: in Article 7(2), the obligation to check the authenticity of the travel documents that contain an electronic storage medium using valid certificates has been added.

                      Provision has also been made for the following:

                      • the obligation to check whether the third country national entering the Schengen area has not yet exceeded the maximum duration of authorised stay by checking the stamps in the passport has been replaced by an obligation to consult the EES;
                      • the obligation for border guards to verify whether a third country national traveller has already been registered in the EES;
                      • the obligation for border guards to verify during the exit check whether a third country national exceeded the maximum duration of stay by consulting the EES;
                      • description of the verification of identity and participation in the RTP for a registered traveller;
                      • an obligation for border guards to inform third country nationals on their request about the maximum number of days they are still allowed to stay within the Schengen area, as set out in the EES and if applicable in the VIS.

                      Border checks on Registered Travellers and use of automated means for border checks: a new Article 7a Paragraph 1 describes the derogations from thorough checks applicable to a registered traveller at entry of the Schengen area. These relate to: (i) thorough check of the travel document; (ii) verification of point of departure and destination, the purpose of the stay including supporting documents; (iii) verification of the possession of sufficient means of subsistence.

                      Provision is also made for a procedure for travellers that are identified by the ABC gate as non-registered travellers or for registered travellers who do not fulfil all entry conditions. In these cases, the normal procedures (carried out by a border guard) shall be applicable.

                      Other technical provisions have been added on the use of the automated controls, as well as technical amendments relating to the establishment of the EES and the RTP. The entry and exit conditions for the travellers concerned as such remain unchanged.

                      Relaxation of border checks: the existing text is adapted to the establishment of the EES and the abolition of the stamping of passports. The obligation to always enter the data of the traveller into the EES while exiting the Schengen area is highlighted. Even in situations of relaxation of border check procedures the registration in the EES shall be carried out.

                      Separate lanes and information on signs: the current text has been amended to clarify that registered travellers are allowed to use the lanes provided for EU citizens. A new paragraph 6 is added to take account of the introduction of ABC means. In order to have a harmonised approach, Member States shall use for ABC lanes the signs contained in Annex III Part D shall be used by all Member States at all border crossing points.

                      Presumptions as regards fulfilment of conditions of duration of stay: the existing text is adapted to the establishment of the EES. Currently, Article 11 regulates the procedures and assumptions in case of absence of entry or exit stamps. With the EES, the stamping will be replaced by an entry in the EES.

                      Annex III Model signs indicating lanes at border crossing points: the signs contained in Annex III are completed by adding new signs for the use of ABC means and the introduction of the RTP.

                      It should be noted that the existing Article 10 (stamping obligations) is deleted, as are Annex II point (f), Annex IV and Annex VIII.

                      Territorial measures: given that the proposal constitutes a further development of the Schengen acquis, it will have direct consequences for certain Member States and associated countries, in accordance with the relevant texts of the Treaties, Protocols and Agreements concluded with third countries:

                      • Denmark shall decide within a period of six months after the Council has decided on this proposal whether it will implement it in its national law;
                      • Ireland and the United Kingdom: these Member States are not taking part in the adoption of this Regulation and are not bound by it or subject to its application;
                      • Iceland, Norway, Switzerland and Liechtenstein shall be associated with the application of this Regulation;
                      • Cyprus, Bulgaria and Romania shall apply this Regulation because it replaces the requirement to check the length of stay of third country nationals.

                      BUDGETARY IMPLICATION: the proposed amendment has no implications for the EU’s budget. 

                      New

                      PURPOSE: to amend Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing the Schengen Borders Code as regards the use of the Entry/Exit System (EES) and the Registered Traveller Programme (RTP).

                      PROPOSED ACT: Regulation of the European Parliament and of the Council.

                      ROLE OF THE EUROPEAN PARLIAMENT: Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

                      BACKGROUND: according to the Schengen Borders Code, EU citizens and other persons enjoying the right of free movement under Union law (e.g. family members of EU citizens) crossing the external border shall be subject to a minimum check, both at entry and exit, consisting of the verification of the travel document in order to establish the identity of the person. On the other hand, all third country nationals however must be subject, at entry, to a thorough check.

                      However, current rules for third-country nationals could be described as "one-size-fits-all" as the same checks apply regardless of any differences in risk between different travellers or their frequency of travel.

                      Taking into account the foreseen increase in passenger flows at the external borders, an alternative border check procedure should be offered for frequent third-country travellers moving gradually away from a "country-centric" approach towards a "person-centric" approach.

                      This is what is proposed in the draft Regulation establishing a totally automated Registered Traveller Programme (RTP).

                      The establishment of an Entry/Exit System (EES) with or without biometrics which would record entries and exits of third-country nationals for short stays at the external borders would be the precondition for allowing full automation of the border checks for registered travellers.

                      These new measures, which are the subject of separate proposals, cannot come into full application without amending the Schengen Borders Code.

                      This is why, in addition to presenting the two above-mentioned proposals, it is proposed to amend the Schengen Code which governs the movement of persons across borders and their monitoring, to ensure the functioning of the two new systems.

                      IMPACT ASSESSMENT: the analysis of the impact relevant to this proposal is covered in the impact assessments relating to the legislative proposals on the establishment of an Entry/Exit System (EES) and the Registered Traveller Programme (RTP) – please refer to the respective summaries.

                      LEGAL BASIS: Article 77 (2) of the Treaty on the Functioning of the European Union (TFEU).

                      CONTENT: the main amendments proposed are the following:

                      Definitions: the addition of EES, RTP, registered traveller and automated border control (ABC).

                      Data to be entered in the EES: a new Article 5a is added on the general obligation for a third country national entering the Schengen area to be registered in the EES, together with the exceptions concerning third country nationals that are exempted from border checks or from the obligation to cross external borders only at border crossing points or during the fixed opening hours.

                      Border checks on persons: in Article 7(2), the obligation to check the authenticity of the travel documents that contain an electronic storage medium using valid certificates has been added.

                      Provision has also been made for the following:

                      • the obligation to check whether the third country national entering the Schengen area has not yet exceeded the maximum duration of authorised stay by checking the stamps in the passport has been replaced by an obligation to consult the EES;
                      • the obligation for border guards to verify whether a third country national traveller has already been registered in the EES;
                      • the obligation for border guards to verify during the exit check whether a third country national exceeded the maximum duration of stay by consulting the EES;
                      • description of the verification of identity and participation in the RTP for a registered traveller;
                      • an obligation for border guards to inform third country nationals on their request about the maximum number of days they are still allowed to stay within the Schengen area, as set out in the EES and if applicable in the VIS.

                      Border checks on Registered Travellers and use of automated means for border checks: a new Article 7a Paragraph 1 describes the derogations from thorough checks applicable to a registered traveller at entry of the Schengen area. These relate to: (i) thorough check of the travel document; (ii) verification of point of departure and destination, the purpose of the stay including supporting documents; (iii) verification of the possession of sufficient means of subsistence.

                      Provision is also made for a procedure for travellers that are identified by the ABC gate as non-registered travellers or for registered travellers who do not fulfil all entry conditions. In these cases, the normal procedures (carried out by a border guard) shall be applicable.

                      Other technical provisions have been added on the use of the automated controls, as well as technical amendments relating to the establishment of the EES and the RTP. The entry and exit conditions for the travellers concerned as such remain unchanged.

                      Relaxation of border checks: the existing text is adapted to the establishment of the EES and the abolition of the stamping of passports. The obligation to always enter the data of the traveller into the EES while exiting the Schengen area is highlighted. Even in situations of relaxation of border check procedures the registration in the EES shall be carried out.

                      Separate lanes and information on signs: the current text has been amended to clarify that registered travellers are allowed to use the lanes provided for EU citizens. A new paragraph 6 is added to take account of the introduction of ABC means. In order to have a harmonised approach, Member States shall use for ABC lanes the signs contained in Annex III Part D shall be used by all Member States at all border crossing points.

                      Presumptions as regards fulfilment of conditions of duration of stay: the existing text is adapted to the establishment of the EES. Currently, Article 11 regulates the procedures and assumptions in case of absence of entry or exit stamps. With the EES, the stamping will be replaced by an entry in the EES.

                      Annex III Model signs indicating lanes at border crossing points: the signs contained in Annex III are completed by adding new signs for the use of ABC means and the introduction of the RTP.

                      It should be noted that the existing Article 10 (stamping obligations) is deleted, as are Annex II point (f), Annex IV and Annex VIII.

                      Territorial measures: given that the proposal constitutes a further development of the Schengen acquis, it will have direct consequences for certain Member States and associated countries, in accordance with the relevant texts of the Treaties, Protocols and Agreements concluded with third countries:

                      • Denmark shall decide within a period of six months after the Council has decided on this proposal whether it will implement it in its national law;
                      • Ireland and the United Kingdom: these Member States are not taking part in the adoption of this Regulation and are not bound by it or subject to its application;
                      • Iceland, Norway, Switzerland and Liechtenstein shall be associated with the application of this Regulation;
                      • Cyprus, Bulgaria and Romania shall apply this Regulation because it replaces the requirement to check the length of stay of third country nationals.

                      BUDGETARY IMPLICATION: the proposed amendment has no implications for the EU’s budget. 

                      activities/0/docs/0/text
                      • PURPOSE: to amend Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing the Schengen Borders Code as regards the use of the Entry/Exit System (EES) and the Registered Traveller Programme (RTP).

                        PROPOSED ACT: Regulation of the European Parliament and of the Council.

                        ROLE OF THE EUROPEAN PARLIAMENT: Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

                        BACKGROUND: according to the Schengen Borders Code, EU citizens and other persons enjoying the right of free movement under Union law (e.g. family members of EU citizens) crossing the external border shall be subject to a minimum check, both at entry and exit, consisting of the verification of the travel document in order to establish the identity of the person. On the other hand, all third country nationals however must be subject, at entry, to a thorough check.

                        However, current rules for third-country nationals could be described as "one-size-fits-all" as the same checks apply regardless of any differences in risk between different travellers or their frequency of travel.

                        Taking into account the foreseen increase in passenger flows at the external borders, an alternative border check procedure should be offered for frequent third-country travellers moving gradually away from a "country-centric" approach towards a "person-centric" approach.

                        This is what is proposed in the draft Regulation establishing a totally automated Registered Traveller Programme (RTP).

                        The establishment of an Entry/Exit System (EES) with or without biometrics which would record entries and exits of third-country nationals for short stays at the external borders would be the precondition for allowing full automation of the border checks for registered travellers.

                        These new measures, which are the subject of separate proposals, cannot come into full application without amending the Schengen Borders Code.

                        This is why, in addition to presenting the two above-mentioned proposals, it is proposed to amend the Schengen Code which governs the movement of persons across borders and their monitoring, to ensure the functioning of the two new systems.

                        IMPACT ASSESSMENT: the analysis of the impact relevant to this proposal is covered in the impact assessments relating to the legislative proposals on the establishment of an Entry/Exit System (EES) and the Registered Traveller Programme (RTP) – please refer to the respective summaries.

                        LEGAL BASIS: Article 77 (2) of the Treaty on the Functioning of the European Union (TFEU).

                        CONTENT: the main amendments proposed are the following:

                        Definitions: the addition of EES, RTP, registered traveller and automated border control (ABC).

                        Data to be entered in the EES: a new Article 5a is added on the general obligation for a third country national entering the Schengen area to be registered in the EES, together with the exceptions concerning third country nationals that are exempted from border checks or from the obligation to cross external borders only at border crossing points or during the fixed opening hours.

                        Border checks on persons: in Article 7(2), the obligation to check the authenticity of the travel documents that contain an electronic storage medium using valid certificates has been added.

                        Provision has also been made for the following:

                        • the obligation to check whether the third country national entering the Schengen area has not yet exceeded the maximum duration of authorised stay by checking the stamps in the passport has been replaced by an obligation to consult the EES;
                        • the obligation for border guards to verify whether a third country national traveller has already been registered in the EES;
                        • the obligation for border guards to verify during the exit check whether a third country national exceeded the maximum duration of stay by consulting the EES;
                        • description of the verification of identity and participation in the RTP for a registered traveller;
                        • an obligation for border guards to inform third country nationals on their request about the maximum number of days they are still allowed to stay within the Schengen area, as set out in the EES and if applicable in the VIS.

                        Border checks on Registered Travellers and use of automated means for border checks: a new Article 7a Paragraph 1 describes the derogations from thorough checks applicable to a registered traveller at entry of the Schengen area. These relate to: (i) thorough check of the travel document; (ii) verification of point of departure and destination, the purpose of the stay including supporting documents; (iii) verification of the possession of sufficient means of subsistence.

                        Provision is also made for a procedure for travellers that are identified by the ABC gate as non-registered travellers or for registered travellers who do not fulfil all entry conditions. In these cases, the normal procedures (carried out by a border guard) shall be applicable.

                        Other technical provisions have been added on the use of the automated controls, as well as technical amendments relating to the establishment of the EES and the RTP. The entry and exit conditions for the travellers concerned as such remain unchanged.

                        Relaxation of border checks: the existing text is adapted to the establishment of the EES and the abolition of the stamping of passports. The obligation to always enter the data of the traveller into the EES while exiting the Schengen area is highlighted. Even in situations of relaxation of border check procedures the registration in the EES shall be carried out.

                        Separate lanes and information on signs: the current text has been amended to clarify that registered travellers are allowed to use the lanes provided for EU citizens. A new paragraph 6 is added to take account of the introduction of ABC means. In order to have a harmonised approach, Member States shall use for ABC lanes the signs contained in Annex III Part D shall be used by all Member States at all border crossing points.

                        Presumptions as regards fulfilment of conditions of duration of stay: the existing text is adapted to the establishment of the EES. Currently, Article 11 regulates the procedures and assumptions in case of absence of entry or exit stamps. With the EES, the stamping will be replaced by an entry in the EES.

                        Annex III Model signs indicating lanes at border crossing points: the signs contained in Annex III are completed by adding new signs for the use of ABC means and the introduction of the RTP.

                        It should be noted that the existing Article 10 (stamping obligations) is deleted, as are Annex II point (f), Annex IV and Annex VIII.

                        Territorial measures: given that the proposal constitutes a further development of the Schengen acquis, it will have direct consequences for certain Member States and associated countries, in accordance with the relevant texts of the Treaties, Protocols and Agreements concluded with third countries:

                        • Denmark shall decide within a period of six months after the Council has decided on this proposal whether it will implement it in its national law;
                        • Ireland and the United Kingdom: these Member States are not taking part in the adoption of this Regulation and are not bound by it or subject to its application;
                        • Iceland, Norway, Switzerland and Liechtenstein shall be associated with the application of this Regulation;
                        • Cyprus, Bulgaria and Romania shall apply this Regulation because it replaces the requirement to check the length of stay of third country nationals.

                        BUDGETARY IMPLICATION: the proposed amendment has no implications for the EU’s budget. 

                      activities
                      • date: 2013-02-28T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0096/COM_COM(2013)0096_EN.pdf title: COM(2013)0096 type: Legislative proposal published celexid: CELEX:52013PC0096:EN type: Legislative proposal body: EC commission: DG: url: http://ec.europa.eu/dgs/home-affairs/ title: Home Affairs Commissioner: MALMSTRÖM Cecilia
                      • date: 2013-03-14T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: False committee_full: Development committee: DEVE body: EP responsible: True committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
                      committees
                      • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
                      • body: EP responsible: False committee_full: Development committee: DEVE
                      • body: EP responsible: True committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
                      links
                      National parliaments
                      European Commission
                      other
                      • body: EC dg: url: http://ec.europa.eu/dgs/home-affairs/ title: Home Affairs commissioner: MALMSTRÖM Cecilia
                      procedure
                      dossier_of_the_committee
                      LIBE/7/12190
                      reference
                      2013/0060(COD)
                      instrument
                      Regulation
                      legal_basis
                      Treaty on the Functioning of the EU TFEU 077-p2
                      stage_reached
                      Awaiting Parliament 1st reading / single reading / budget 1st stage
                      summary
                      subtype
                      Legislation
                      title
                      Schengen Borders Code: use of the Entry/Exit System (EES) and the Registered Traveller Programme (RTP)
                      type
                      COD - Ordinary legislative procedure (ex-codecision procedure)
                      subject