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 EUs
budget.