PURPOSE: to amend Regulation (EU) 2016/399 on the
Schengen Borders Code as regards the use of the Entry/Exit
System.
PROPOSED ACT: Regulation of the European Parliament
and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European
Parliament decides in accordance with the ordinary legislative
procedure and on an equal footing with the Council.
BACKGROUND: in February 2013, the Commission tabled a
package of legislative proposals on Smart Borders to modernise the
Schengen areas external border management. Since then,
technical, financial and operational concerns on certain aspects of
the design of the systems have been brought to light.
Therefore, the Commission has decided to:
CONTENT: this proposal aims to amend Regulation (EU)
2016/399 of the European Parliament and of the Council on a Union
Code on the rules governing the movement of persons across borders
(Schengen Borders Code).
The proposed amendments are due to the proposed
establishment of an Entry Exit System (EES) for which a
legislative proposal is presented simultaneously.
The current proposal replaces the 2013 proposal and
integrates the following, inter alia, into the Schengen
Borders Code:
Definitions: additional
definitions of the EES, self-service system, e-gate and
Automated Border Control (ABC) system.
Border checks on persons: the obligation to check the authenticity of all
travel documents that contain an electronic storage medium using
valid certificates has been added.
Provisions have been laid down as regards the use of
automated border control systems for EU/EEA/CH citizens and for
third country nationals who hold a residence card.
National facilitation programmes: the proposal foresees the possibility for each
Member State to introduce national facilitation programmes
on a voluntary basis.
Relaxation of border checks: the obligation to always enter the data of the
traveller into the EES while entering or exiting the Schengen area
is highlighted. Even in situations of relaxation of border check
procedures the registration in the EES shall be carried out.
Fall-back solutions are proposed in case of technical
impossibility to enter data in the Central System of the EES or in
case of failure of the Central System of the EES.
Stamping of the travel document: given that the new EES targets the abolition of
stamping on entry and exit of the travel documents of third country
nationals admitted for a short stay, the obligation to
systematically stamp on entry and exit the travel documents of
third country nationals admitted for a short stay is
deleted. However, where expressly provided under national
legislation, the new proposal foresees the possibility, for each
Member State to stamp on entry and exit the travel document of
those third country nationals holding a residence permit issued by
that same Member State.
Refusal of entry: the
proposal foresees that data on third country nationals whose entry
for a short stay [or for a stay on the basis of a touring visa] has
been refused shall be registered in the EES.
Territorial provisions:
the proposed Regulation constitutes a development of the provisions
of the Schengen acquis in which the United Kingdom and Ireland do
not take part. Therefore, they shall not be bound by it or subject
to its application.