2016/0105(COD) | [ParlTrack]

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EU) 2016/399
Article 12 – paragraph 2

2. This presumption shall not apply to a third -country national who ~~can provide~~is able to explain, by any means, and in a credible ~~evidence~~way, that the person enjoys the right of free movement under Union law or that the person holds a residence permit or a long stay visa. Where applicable, Article 32 of [Regulation establishing the Entry/Exit System (EES)] shall be applied.

Amendment 101 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EU) 2016/399
Article 12 – paragraph 3

The presumption referred to in paragraph 1 may be rebutted where the person provides, by any means, credible explanation or evidence, such as transport tickets or proof of his or her presence outside the territory of the Member State or of the date of expiry of a previous residence permit or long stay visa, that he or she has respected the conditions relating to the duration of a short stay.

Amendment 102 #

Proposal for a regulation
Article 1 – paragraph 1 – point 14

Regulation (EU) 2016/399
Article 14

(14) Article 14 is amended as follows: (a) in paragraph 2 the following third subparagraph is added: ‘Data on third country nationals whose entry for a short stay [or on the basis of a touring visa] has been refused shall be registered in the EES in accordance with Article 6a(2) of this Regulation and Article 16 of [Regulation establishing the Entry/Exit System (EES)].’ ‘Without prejudice to any compensation granted in accordance with national law, the third country national concerned shall, where the appeal concludes that the decision to refuse entry was ill-founded, be entitled to correction of the data inserted into the EES or of the cancelled entry stamp, or both, and any other cancellations or additions which have been made, by the Member State which refused entry.’deleted

Amendment 103 #

Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b

Regulation (EU) 2016/399
Article 14 – paragraph 3 – subparagraph 3

"Without prejudice to any compensation granted in accordance with national law, the third country national concerned shall, where the appeal concludes that the decision to refuse entry was ill-founded, be entitled to correction of the data inserted into the EES or of the cancelled entry stamp, or both, and any other cancellations or additions which have been made, by the Member State which refused entry. It must be possible for the person concerned to lodge a suspensive appeal at the earliest opportunity, while pending the correction referred to above it must not be possible for any measure to be taken against the person concerned based on the information being questioned."

Amendment 104 #

Proposal for a regulation
Article 1 – paragraph 1 – point 15

Regulation (EU) 2016/399
Annex III, IV and V

(15) Annexes III~~, IV and V are~~ is amended in accordance with the Annex to this Regulation

Amendment 105 #

Proposal for a regulation
Article 1 – paragraph 1 – point 16

Regulation (EU) 2016/399
Annexes IV and VIII

(16) Annexes IV and VIII isare deleted.

Amendment 106 #

Proposal for a regulation
Annex I – paragraph 1 – point 2

Regulation (EU) 2016/399
Annex IV

2. Annex IV is amended as follows: (a) point 1 is replaced by the following: ‘1. Where provided expressly by its national legislation, a Member State may stamp on entry and exit the travel document of those third country nationals holding a residence permit issued by that same Member State in accordance with Article 11. In addition, in accordance with Annex V part A, where third country nationals are refused entry pursuant to Article 14, the border guard shall affix an entry stamp on the passport, cancelled by a cross in indelible black ink, and write opposite it on the right-hand side, also in indelible ink, the letter(s) corresponding to the reason(s) for refusing entry, the list of which is given on the standard form for refusing entry shown in Part B of Annex V.’ ‘The specifications of those stamps are laid down in the Schengen Executive Committee Decision SCH/COM-EX (94) 16 rev and SCH/Gem-Handb (93) 15 (CONFIDEN-TIAL).’ ‘3. In case of refusal of entry of a third country national subject to the visa obligation, the stamp shall, as a general rule, be affixed on the page facing the one on which the visa is affixed. If that page cannot be used, the stamp shall be entered on the following page. The machine readable zone shall not be stamped.’deleted

Amendment 107 #

Proposal for a regulation
Annex I – paragraph 1 – point 3

Regulation (EU) 2016/399
Annex V – part A

3. Annex V part A is amended as follows: (a) point 1(b) is replaced by the following: ‘(b) for third country nationals whose entry for a short stay [or on the basis of a touring visa] has been refused, the data on refusal of entry shall be registered into the EES in accordance with Article 6a(2) of this Regulation and Article 16 of [Regulation establishing the Entry/Exit System (EES)]. In addition, the border guard shall affix an entry stamp on the passport, cancelled by a cross in indelible black ink, and write opposite it on the right-hand side, also in indelible ink, the letter(s) corresponding to the reason(s) for refusing entry, the list of which is given on the standard form for refusing entry shown in Part B of this Annex;’ ‘(d) for third country nationals whose refusals of entry shall not be registered into the EES, the border guard shall affix an entry stamp on the passport, cancelled by a cross in indelible black ink, and write opposite it on the right-hand side, also in indelible ink, the letter(s) corresponding to the reason(s) for refusing entry, the list of which is given on the standard form for refusing entry shown in Part B of this Annex. In addition, for these categories of persons, the border guard shall record every refusal of entry in a register or on a list stating the identity and nationality of the third country national concerned, the references of the document authorising the third country national to cross the border and the reason for, and date of, refusal of entry;’ ‘(e) The practical arrangements for stamping are set out in Annex IV.’deleted

Amendment 18 #

Draft legislative resolution
Citation 3 a (new)

– having regard to the Protocol (No 1) of the Treaty on the Functioning of the European Union on the role of national parliaments in the European Union,

Amendment 19 #

Draft legislative resolution
Citation 3 b (new)

– having regard to Protocol (No 2) of the Treaty on the Functioning of the European Union (TFEU) on the application of the principles of subsidiarity and proportionality,

Amendment 20 #

Marine LE PEN, Gilles LEBRETON

Draft legislative resolution
Paragraph 1

1. ~~Adopts its position at first reading hereinafter set out~~Rejects the Commission proposal;

Amendment 21 #

Draft legislative resolution
Paragraph 1

1. ~~Adopts its position at first reading hereinafter set out~~Rejects the Commission proposal;

Amendment 22 #

Draft legislative resolution
Paragraph 2

2. Calls on the Commission to ~~refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text~~withdraw its proposal;

Amendment 23 #

Proposal for a regulation
Recital 2

(2) [Regulation (EU) N° XXX of the European Parliament and of the Council establishing the Entry/Exit System ('EES') to register entry and exit data and refusal of entry data of third country nationals needing a visa to enter the EU crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes]~~9 aims at~~ has the prime objective of creating a centralised system for the registration of entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the Union for a short stay [or for a stay on the basis of a touring visa]. ~~_________________ 9 OJ L …~~

Amendment 24 #

Proposal for a regulation
Recital 2

(2) [Regulation (EU) N° XXX of the European Parliament and of the Council establishing the Entry/Exit System ('EES') to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes]9 aims at creating a centralised system for the registration of entry and exit data ~~and refusal of entry data~~ of third country nationals crossing the external borders of the Member States of the Union for a short stay [or for a stay on the basis of a touring visa]. _________________ 9 OJ L …

Amendment 25 #

Proposal for a regulation
Recital 3

(3) In order to carry out checks on third country nationals pursuant to Regulation (EU) 2016/399, which include the verification of the identity and/ or the identification of the third country national as well as the verification that the third country national has not exceeded the maximum duration of authorised stay in the territory of the Member States, border guards should use all the information available, including data from the EES. The data stored in that system should also be used to ~~verify~~check that third country nationals holding a single or double entry visa have respected the maximum number of authorised entries.

Amendment 26 #

Proposal for a regulation
Recital 4

(4) To ensure full effectiveness of the EES, entry and exit checks need to be carried out in a harmonised way at the external borders. To that effect, the duration of the authorised length of stay of 90 days within any 180-day period must include the periods spent on the territory of Member States which apply the provisions of Title III of Regulation 399/2016 and of those which do not.

Amendment 27 #

Proposal for a regulation
Recital 5

(5) The establishment of an EES requires adapting the procedures for checking persons when crossing the external borders laid down in Regulation (EU) 2016/399. In particular, the EES aims to abolish on entry and exit the stamping of the travel documents of third country nationals admitted for a stay ~~[or for a stay on the basis of a touring visa]~~ by replacing it by the electronic recording of the entry and exit directly in the EES. However, stamping of travel document on refusal of entry of a third country national is maintained since it concerns higher risk travellers. Furthermore, the establishment of the interoperability between the EES and the Visa Information System (VIS) needs to be taken into account in the border checks procedures. Lastly, the EES opens the possibility to use new technologies for the border crossings of short stayLastly, the EES opens the possibility to use new technologies for the border crossings of short stay travellers. Use of these technologies should take into account the risks their use entail and their alleged dependability in terms of the fundamental rights of the persons concerned and this regardless of the situation of the travellers.

Amendment 28 #

Proposal for a regulation
Recital 6

(6) During a period of six months after the EES has started operations, border guards should take into account the stays in the territories of the Member States during the six months preceding the entry or the exit by checking the stamps in the travel documents in addition to the entry/exit data recorded in the EES. Such measure should enable the required verifications to be carried out in those cases where a person would have been admitted for a short stay on the territory of the Member States in the six months preceding the start of operations of the EES. In addition there is a need to lay down specific provisions for those persons having entered the territory of the Member States and who have not yet exited it before the entry into operations of the system. In these situations, the last entry should also be recorded into the EES when exiting the territory of the Member States.deleted

Amendment 29 #

Proposal for a regulation
Recital 6

(6) During a period of six months after the EES has started operations, border guards should take into account the stays in the territories of the Member States during the six months preceding the entry or the exit by checking the stamps in the travel documents in addition to the entry/exit data recorded in the EES. Such measure should enable the required verifications to be carried out in those cases where a person would have been admitted for a short stay on the territory of the Member States in the six months preceding the start of operations of the EES. In addition there is a need to lay down specific provisions for those persons having entered the territory of the Member States and who have not yet exited it before the entry into operations of the system. In these situations, the last entry should ~~also~~logically be recorded into the EES when exiting the territory of the Member States.

Amendment 30 #

Eleftherios SYNADINOS

Proposal for a regulation
Recital 7

(7) Taking into account the different situations in the Member States and at different border crossing points within the Member States concerning the number of third country nationals crossing the borders, Member States should be able to ~~decide~~make a reasoned decision whether and to what extent to make use of technologies such as automated border control systems, "self-service kiosks" and e-gates. When using such technologies, it should be ensured that entry and exit checks are carried out in a harmonised way at the external borders and that a~~n appropriate~~ level of security and integrity, equivalent or superior to previous border control procedures is ensured.

Amendment 31 #

Proposal for a regulation
Recital 7

(7) Taking into account the different situations in the Member States and at different border crossing points within the Member States concerning the number of third country nationals crossing the borders, Member States should be able to decide whether and to what extent to make use of technologies such as automated border control systems, "self-service kiosks" and e-gates. When using such technologies and in every other case, it should be ensured that entry and exit checks are carried out in a harmonised way at the external borders and that an appropriate level of security is ensured.

Amendment 32 #

Eleftherios SYNADINOS

Proposal for a regulation
Recital 8

(8) In addition, the tasks and roles of the border guards when making use of such technologies need to be defined. In this regard, it should be ensured that the results of border checks performed through automated means are available to border guards ~~so as to en~~in real time and in suitable ~~the~~form tso t~~ake~~hat the ~~appropriate~~y can be sure of taking the correct decisions. In addition, there is a need to supervise the use of the automated border control systems, "self- service kiosks" and e-gates by travellers so as to prevent fraudulent behaviour and uses. In addition, when carrying out this supervision, border guards should pay particular attention to minors and vulnerable persons should be placed in a position that should enable them to identify persons ~~needing~~ possibly posing a threat to law and order or who may be in need of protection.

Amendment 33 #

Proposal for a regulation
Recital 8

(8) In addition, the tasks and roles of the border guards when making use of such technologies need to be defined. In this regard, it should be ensured that the results of border checks performed through automated means are available to border guards so as to enable them to take the appropriate decisions. In addition, there is a need to supervise the use of the automated border control systems, "self- service kiosks" and e-gates by travellers so as to prevent fraudulent behaviour and uses. In addition, when carrying out this supervision, border guards should pay particular attention to minors, and particularly unaccompanied minors, and should be placed in a position that should enable them to identify persons needing protection and ensure that human rights are respected when borders are being crossed.

Amendment 34 #

Eleftherios SYNADINOS

Proposal for a regulation
Recital 9

(9) Member States should also be able to establish national facilitation programmes on a voluntary basis to allow ~~pre-vetted~~entry for third country nationals ~~to benefit at entry from derogations to the thorough checks~~who have undergone a comparable level of preliminary vetting. When using such national facilitation programmes, it should be ensured that they are established in a harmonised way and that the ~~appropriate~~highest level of security is guaranteed.

Amendment 35 #

Proposal for a regulation
Recital 9

(9) Member States should also be able to establish national facilitation programmes ~~on a voluntary basis~~ to allow pre-vetted third country nationals to benefit at entry from derogations to the thorough checks. When using such national facilitation programmes, it should be ensured that they are established in a harmonised way and that the appropriate level of security is guaranteed.

Amendment 36 #

Agustín DÍAZ DE MERA GARCÍA CONSUEGRA

Proposal for a regulation
Recital 10

(10) This Regulation is without prejudice to the application of Directive 2004/38/EC of the European Parliament and of the Council10. _________________ 10Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (OJ L 158, 30.4.2004, p. 77).deleted

Amendment 37 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – introductory part

(1) In Article 2, the following points 22, 23, 24, 25 and 25a are added:

Amendment 38 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EU) 2016/399
Article 2 – point 22

22. ‘'Entry/Exit System (EES)' means the system established by [Regulation No° XXX of the European Parliament and of the Council establishing the Entry/Exit System (EES) the main aim of which is to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and the secondary and exceptional aim of which is to determin~~ing~~e the conditions ~~for access to the EES for law enforcement p~~in which the enforcement authorities appointed by the Member States and the European Police Office (Europo~~ses~~l) can access and consult the EES;

Amendment 39 #

Agustín DÍAZ DE MERA GARCÍA CONSUEGRA

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EU) 2016/399
Article 2 – point 22

22. 'Entry/Exit System (EES)' means the system established by [Regulation No° XXX of the European Parliament and of the Council establishing the Entry/Exit System (EES) to register entry and exit data ~~and refusal of entry data~~ of third country nationals crossing the external borders of the Member States of the European Union and ~~determining the conditions for access to the EES for law enforcement purposes~~;

Amendment 40 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EU) 2016/399
Article 2 – point 25 a (new)

25a. 'confirmation of the authenticity and integrity of the chip data' means the process by which it is verified, through the use of certificates, that the data on the chip originates from the issuing authority and that is has not been changed.

Amendment 41 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)

Regulation (EU) 2016/399
Article 6 – paragraph 1 – introductory part

(1a) Article 6(1) is replaced by the following: "(1) For intended stays on the territory of the Member States of a duration of no more than 90 days in any 180-day period on the territory of Member States which apply the provisions of Title III of Regulation (EU) 399/2016 and of Member States which do not apply Title III of Regulation (EU) 399/2016, which entails considering the 180-day period preceding each day of stay, the entry conditions for third-country nationals shall be the following:" Or. ro (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0399)

Amendment 42 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

1. Data on entry and exit of the following categories of persons shall be entered into the EES in accordance with Articles 14, ~~15,~~ 17 and 18 of [Regulation establishing the Entry/Exit System (EES)]:

Amendment 43 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EU) 2016/399
Article 6a – paragraph 1 – point a

(a) third country nationals admitted for a short stay pursuant to Article 6(1) ~~[or for a stay on the basis of a touring visa]~~;

Amendment 44 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EU) 2016/399
Article 6a – paragraph 1 – point b

~~(b) third country nationals who are members of the family of a Union citizen to whom Directive 2004/38/EC applies and who do not hold a residence card pursuant to that Directive;~~deleted

Amendment 45 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EU) 2016/399
Article 6a – paragraph 1 – point c

(c) third country nationals who are members of the family of nationals of third countries enjoying the right of free movement under Union law and who do not hold a residence card pursuant to Directive 2004/38/EC.deleted

Amendment 46 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 (new)

Regulation (EU) 2016/399
Article 6a - paragraph 1 - point c a (new)

(ca) holders of residence permits;

Amendment 47 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 (new)

Regulation (EU) 2016/399
Article 6a - paragraph 1 - point c b (new)

(cb) holders of long-stay visas;

Amendment 48 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EU) 2016/399
Article 6a – paragraph 2

2. Data on third country nationals whose entry for a short stay ~~or on the basis of a touring visa~~ has been refused in accordance with Article 14 of this Regulation shall be entered in the EES in accordance with Article 16 of [Regulation establishing the Entry/Exit System (EES)].

Amendment 49 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EU) 2016/399
Article 6a – paragraph 3 – subparagraph 1 – point -a (new)

(-a) minors under the age of 16

Amendment 50 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EU) 2016/399
Article 6a – paragraph 3 – subparagraph 1 – point -a a (new)

(-aa) persons applying for international protection;

Amendment 51 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EU) 2016/399
Article 6a – paragraph 3 – subparagraph 1 – point a

~~(a) third country nationals who are members of the family of a Union citizen to whom Directive 2004/38/EC applies, who hold a residence card referred to in that Directive;~~deleted

Amendment 52 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EU) 2016/399
Article 6a – paragraph 3 – subparagraph 1 – point b

(b) third country nationals who are members of the family of nationals of third countries enjoying the right of free movement under Union law who hold a residence card referred to in Directive 2004/38/EC;deleted

Amendment 53 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EU) 2016/399
Article 6a – paragraph 3 – point b

Amendment 54 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EU) 399/2016
Article 6a – paragraph 3 – point (d) – point (v)

(v) members of the rescue services, police, fire brigades acting in emergency situation and border guards in accordance with point 7 of Annex VII;

Amendment 55 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EU) 2016/399
Article 6a – paragraph 3 – subparagraph 2

The data of the family members referred to in points (a) and (b) shall not be entered into the EES, even if they are not accompanying or joining the Union citizen or a third country national enjoying the right of free movement.deleted

Amendment 56 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point i

Regulation (EU) 2016/399
Article 8 – paragraph 3 – point a – subpoint -i – subparagraph 3

Except for third country nationals whose entry is subject to a registration in the EES, if the travel document contains a facial image recorded in the electronic storage medium (chip) and if the facial image recorded in the chip can be legally and technically accessed, this verification shall include the verification of the facial image recorded in the chip, by comparing electronically this image with the live facial image of the concerned third country national.deleted

Amendment 57 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point i

Regulation (EU) 2016/399
Article 8 – paragraph 3 – point a – point i – subparagraph 3

Except for third country nationals whose entry is subject to a registration in the EES, if the travel document contains a facial image recorded in the electronic storage medium (chip) and if the facial image recorded in the chip can be legally and technically accessed, this verification shall include, whenever necessary, the verification of the facial image recorded in the chip, by comparing electronically this image with the live facial image of the concerned third country national.

Amendment 58 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point i

Regulation (EU) 2016/399
Article 8 – paragraph 3 – point a – subpoint -ii – subparagraph 2

If the residence permit contains an electronic storage medium (chip) the authenticity of the chip data shall be confirmed using the complete valid certificate chain, unless this is impossible, for technical reasons. The thorough checks on entry shall also comprise a ~~systematic~~ verification of the ~~validity of the residence permit or long stay visa by consulting, in the SIS and in other relevant databases,~~ information exclusively on stolen, misappropriated, lost and invalidated documents.[21 ] _________________ 21 These paragraphs may require further adjustments after the adoption of COM's proposal (2015)670/2

Amendment 59 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point i

Regulation (EU) 2016/399
Article 8 – paragraph 3 – point a – subpoint iii

(iii) for persons whose entry or whose refusal of entry is subject to a registration in the EES pursuant to Article 6a of this Regulation, a verification of the identity of the person and, where applicable, an identification shall be carried out in accordance with Article 21(4) of [Regulation establishing the Entry/Exit System (EES)]."deleted

Amendment 60 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point i

Regulation (EU) 2016/399
Article 8 – paragraph 3 – point a – point iii

(iii) for persons whose entry ~~or whose refusal of entry~~ is subject to a registration in the EES pursuant to Article 6a of this Regulation, a verification of the identity of the person and, where applicable, an identification shall be carried out in accordance with Article 21(4) of [Regulation establishing the Entry/Exit System (EES)].

Amendment 61 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point ii

Regulation (EU) 2016/399
Article 8 – paragraph 3 – point a – subpoint iiia (new)

(ii) the following point (a)(iii a) is inserted after point (a)(iii): "(iii a) for persons whose entry or whose refusal of entry is subject to a registration in the EES pursuant to Article 6a of this Regulation, verification that the third country national has not already reached or exceeded the maximum duration of authorised stay in the territory of the Member States and, for third country nationals holding a single or double entry visa, verification that they have respected the number of the maximum authorised entries, by consulting the EES in accordance with Article 21 of [Regulation establishing the Entry/Exit System (EES) ]."deleted

Amendment 62 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point ii

(iii a) for persons whose entry ~~or whose refusal of entry~~ is subject to a registration in the EES pursuant to Article 6a of this Regulation, verification that the third country national has not already reached or exceeded the maximum duration of authorised stay in the territory of the Member States and, for third country nationals holding a single or double entry visa, verification that they have respected the number of the maximum authorised entries, by consulting the EES in accordance with Article 21 of [Regulation establishing the Entry/Exit System (EES) ].

Amendment 63 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point iii

Regulation (EU) 2016/399
Article 8 – paragraph 3 – point b

(iii) point (b) is replaced by the following: "(b) if the third country national holds a visa [or a touring visa] referred to in Article 6(1)(b) the thorough checks on entry shall also comprise the verification of the authenticity, territorial and temporal validity and status of the visa and, if applicable, of the identity of the holder of the visa, by consulting the VIS in accordance with Article 18 of Regulation (EC) No 767/2008 of the European Parliament and of the Council22" _________________ 22Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation).”deleted

Amendment 64 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point iv

Regulation (EU) 2016/399
Article 8 – paragraph 3 – point g – subpoint i

"(i) verification that the third country national is in possession of a document valid for crossing the border and that the document is accompanied, where applicable, by the requisite visa or residence permit. Verification of the document shall include the consultation of relevant databases, in particular the Schengen Information System; the Interpol database on stolen and lost travel documents; and national databases containing information on stolen, misappropriated, lost and invalidated travel documents.[23 ] Except for third country nationals whose exit is subject to a registration in the EES, if the travel document contains a facial image recorded in the electronic storage medium (chip) and if the facial image recorded in the chip can be legally and technically accessed, this verification shall include the verification of the facial image recorded in the chip, by comparing electronically this image with the live facial image of the concerned third country national .” _________________ 23This conditions is foreseen in the proposal (COM(2015)670/2) amending Article 7 of the SBC and will be part of the compulsory checks for persons enjoying the right of free movement. Depending on the final version of the text adopted, this sentence may require adjustments.

Amendment 65 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point iv

Regulation (EU) 2016/399
Article 8 – paragraph 3 – point g – point i

(i) verification that the third country national is in possession of a document valid for crossing the border and that the document is accompanied, where applicable, by the requisite visa or residence permit. Verification of the document shall include the consultation of relevant databases, in particular the Schengen Information System; the Interpol database on stolen and lost travel documents; and national databases containing information on stolen, misappropriated, lost and invalidated travel documents.[23 ] Except for third country nationals whose exit is subject to a registration in the EES, if the travel document contains a facial image recorded in the electronic storage medium (chip) and if the facial image recorded in the chip can be legally and technically accessed, this verification shall include, whenever necessary, the verification of the facial image recorded in the chip, by comparing electronically this image with the live facial image of the concerned third country national . _________________ 23 This conditions is foreseen in the proposal (COM(2015)670/2) amending Article 7 of the SBC and will be part of the compulsory checks for persons enjoying the right of free movement. Depending on the final version of the text adopted, this sentence may require adjustments.

Amendment 66 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point vii

Regulation (EU) 2016/399
Article 8 – paragraph 3 – point i

(vii) point (i) is replaced by the following: "(d) for the purpose of identification of any person who may not fulfil, or who may no longer fulfil, the conditions for entry, stay or residence on the territory of the Member States, the VIS may be consulted in accordance with Article 20 of Regulation (EC) No 767/2008 and the EES may be consulted in accordance with Article 25 of [Regulation establishing the Entry/Exit System (EES) ]."deleted

Amendment 67 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point viii

Regulation (EU) 2016/399
Article 8 – paragraph 9

9. The border guard shall inform the third country national of the maximum number of days of the authorised short stay, having regard to the results of the consultation of the EES which shall take into account, for third country nationals holding a visa, the number of entries and the length of the stay authorised by the visa referred to in Article 6(1)(b),.";

Amendment 68 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4

Regulation (EU) 2016/399
Article 8a

~~[...]~~deleted (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment 69 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4

Regulation (EU) 2016/399
Article 8a – paragraph 1 – point c

~~(c) third country nationals who are members of the family of a Union citizen to whom Directive 2004/38/EC applies, who hold a residence card referred to in that Directive;~~deleted

Amendment 70 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4

Regulation (EU) 2016/399
Article 8a – paragraph 1 – point d

(d) third country nationals who are members of the family of nationals of third countries enjoying the right of free movement under Union law who hold a residence card referred to in Directive 2004/38/EC.deleted

Amendment 71 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4

Regulation (EU) 2016/399
Article 8 – paragraph 2 – point c – subpoint ii

(ii) the ~~residence card~~travel document presented for the border crossing shall contain a facial image recorded in the chip which can be technically accessed by the automated system so as to verify the identity of the holder of the ~~residence permit or residence card, by comparing the facial image recorded in the chip and the live facial image.~~travel document;

Amendment 72 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4

Regulation (EU) 2016/399
Article 8a – paragraph 3

3. Where the conditions under paragraph 2 of this Article are met, the border checks on entry and exit provided for in Article 8(2) and the border crossing itself may be carried out using an automated border control system. When carried out by means of an automated border control system, the border check on entry and exit shall systematically include the verification that the person does not represent a genuine, present and sufficiently serious threat to ~~the~~ internal security, or public policy~~, international relations of the Member States~~ or a threat to public health, including by consulting the relevant Union and national databases, in particular the Schengen Information System.[24] _________________ 24 A similar conditions is foreseen in the proposal (COM(2015)670/2) amending Article 7 of the SBC (further to the codification, current Article 8) and will be part of the compulsory checks for persons enjoying the right of free movement. Depending on the final version of the text adopted, this sentence may become redundant/obsolete.

Amendment 73 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4

Regulation (EU) 2016/399
Article 8a – paragraph 5 – point b

(b) when the results of the checks on entry or exit provided for under Article 8(2) question the identity of the person or when they reveal that the person represents a genuine, present and sufficiently serious threat to ~~the~~ internal security, or public policy~~, international relations of the Member States~~ or a threat to public health;

Amendment 74 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4

Regulation (EU) 2016/399
Article 8a - paragraph 6

6. Without prejudice to paragraph 4, the border guard supervising the border crossing may decide to refer persons using the automated border control system to a border guard based on other reasons, which shall be brought to the attention of the person being checked.

Amendment 75 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4

Regulation (EU) 2016/399
Article 8a - paragraph 7

7. Automated border control systems shall be operated under the supervision of a border guard who shall be in charge of observing the users and detecting, verifying and reporting any inappropriate, fraudulent or abnormal use of the system."

Amendment 76 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5

Regulation (EU) 2016/399
Article 8b

~~[...]~~deleted (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment 77 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5

Regulation (EU) 2016/399
Article 8b – paragraph 1 – point d

(d) the residence permit presented for the border crossing shall contain a facial image recorded in the chip which can be technically accessed by the automated system so as to verify the identity of the holder of the residence permit~~, by comparing the facial image recorded in the chip and the live facial image.~~;

Amendment 78 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5

Regulation (EU) 2016/399
Article 8b – paragraph 4 – point b

(b) when the results of the checks on entry or exit set out in paragraph 2 put into question the identity of the person or when they reveal that the person is considered to be a threat to ~~the~~ internal security, or public policy or to public health;

Amendment 79 #

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EU) 2016/399
Article 8c

~~[...]~~deleted

Amendment 80 #

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EU) 2016/399
Article 8c – paragraph 1 – point b

(b) the travel document presented for the border crossing shall contain a facial image recorded in the chip which can be legally and technically accessed by the automated system so as to verify the identity of the holder of the travel document ~~by comparing the facial image recorded in the chip and his or her live facial image.~~;

Amendment 81 #

Proposal for a regulation
Article 1 – paragraph 1 – point 6

In addition, in accordance with Articles 21(4) of the [Regulation establishing the Entry/Exit System (EES)] where an identification in the EES is carried out, the following provisions shall apply: (a) for third country nationals who are subject to a visa requirement to cross the external borders, if the search in the VIS with the data referred to in Article 18(1) of Regulation (EC) No 767/2008 indicates that the person is recorded in the VIS, a verification of fingerprints against the VIS shall be carried out in accordance with Article 18 (5) of Regulation (EC) No 767/2008; In circumstances where a verification of the person pursuant to paragraph 2 of this Article failed, the border authorities shall access the VIS data for identification in accordance with Article 20 of Regulation (EC) No 767/2008. (b) for third country nationals who are not subject to a visa requirement to cross the external borders and who are not found in the EES further to the identification run in accordance with Article 25 of [Regulation establishing the Entry/Exit System (EES)] , the VIS shall be consulted in accordance with Article 19a of Regulation (EC) No 767/2008.deleted

Amendment 82 #

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EU) 2016/399
Article 8 quater – paragraphe 4 – point b – sous-point b

~~(b) that the live facial image of the person concerned corresponds to the facial image that was col~~delected ~~though the self service system;~~

Amendment 83 #

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Règlement (UE) 2016/399
Article 8c – paragraph 5

5. Where it results from the operations provided for in paragraphs 2, 3 and 4 that data on the person are recorded into the EES, the self-service system shall check whether one or more of the data listed under Articles 14(1) or 15(1) of the [Regulation establishing the Entry/Exit System (EES)] need to be updated. In addition, if it results that data on the person are recorded into the EES but that the third country national intends to cross for the first time after the creation of the individual file the external borders of a Member State which is subject to the application of Regulation (EC) No 767/2008, the VIS shall be consulted as referred to under Article 21(5) of the [Regulation establishing the Entry/Exit System (EES)].deleted

Amendment 84 #

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EU) 2016/399
Article 8d – paragraph 1 – point b

(b) the travel document presented for the border crossing shall contain a facial image recorded in the chip which can be legally and technically accessed by the automated system so as to verify the identity of the holder of the travel document, by comparing the facial image recorded in the chip and his/her live facial image;deleted

Amendment 85 #

Jussi HALLA-AHO

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EU) 2016/399
Article 8d – paragraph 2 a (new)

2a. Where a person is granted access to a national facilitation programme established by a Member State pursuant to Article 8e, the border checks carried out through a self-service system on entry may not include examination of the aspects referred to in Article 8(3)(a) (iv) and (v) when crossing the external borders of that Member State or the external borders of another Member States having concluded an agreement with that Member State as referred to in Article 8e(4).

Amendment 86 #

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EU) 2016/399
Article 8d – paragraph 4 – point c

(c) when the results of the checks on entry or exit ~~under~~set out in paragraph 2 put into question the identity of the person or when they reveal that the person is considered to be a threat to ~~the~~ internal security, or public policy~~, international relations of any of the Member States~~ or to public health;

Amendment 87 #

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EU) 2016/399
Article 8e – paragraph 2 – subparagraph 1 – point c – point iii

(iii) the applicant proves by means of documentation the need for or justifies the intention to travel frequently or regularly;

Amendment 88 #

Proposal for a regulation
Article 1 – paragraph 1 – point 8 Regulation (EU) 2016/399

(v) the applicant justifies by means of documentation the purpose and conditions of the intended stays;

Amendment 89 #

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EU) 2016/399
Article 8e – paragraph 2 – point c – point viii

viii) the applicant is not considered to be a threat to public policy, internal security, or public health ~~or the international relations of any of the Member States~~, and in particular where no alert has been issued in Member States’ national databases for the purpose of refusing entry on the same grounds.

Amendment 90 #

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EU) 2016/399
Article 8e – paragraph 2 – point d

(d) access to the programme shall be granted for a maximum of onfive years;

Amendment 91 #

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EU) 2016/399
Article 8e – paragraph 2 – point e

(e) the Member State shall reassess every two years the situation of each third country national who is granted access to the programme in order to ensure that, based on updated information, the applicant still meets the conditions laid down in Article 8e(2) (c);

Amendment 92 #

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EU) 2016/399
Article 8e – paragraph 2 – subparagraph 2

When verifying that the applicant fulfils conditions set out in points (a), (b) and (c), particular consideration shall be given to assessing whether the applicant presents a risk ~~of illegal immigration or a risk~~ to the security of the Member State(s) ~~and whether the applicant intends to leave the territory of the Member State(s) during the authorised stay~~.

Amendment 93 #

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EU) 2016/399
Article 8e – paragraph 2 – subparagraph 3

The means of subsistence for the intended stays shall be assessed according to the duration(s) and the purpose(s) of the envisaged stay(s) and by reference to average prices in the Member State(s) concerned for board and lodging in budget accommodation, on the basis of the reference amounts set by the Member States in accordance with Article 39(1)(c). A proof of sponsorship or private accommodation, or both, may also constitute evidence of sufficient means of subsistence.deleted

Amendment 94 #

Jussi HALLA-AHO

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EU) 2016/399
Article 8e – paragraph 4 a (new)

4a. Border guards may verify third- country nationals benefiting from the programme on entry pursuant to Article 8(3)(a) and (b) and on exit pursuant to Article 8(3)(g) without electronically comparing biometrics but by comparing a facial image taken from the chip and the facial image of the passenger´s individual EES file with the passenger. Full verification shall be carried out at random and on the basis of a risk analysis.

Amendment 95 #

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EU) 2016/399
Article 8e – paragraph 4 a (new)

4a. An adequate level of security shall be established between national facilitation programmes and the EES following a proper information security risk assessment. The data shall be subject to the conditions set out in Regulation xxx/xxx [Regulation establishing the Entry/Exit System (EES)].

Amendment 96 #

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b

Regulation (EU) 2016/399
Article 9 – paragraph 3a – point i

(i) by way of derogation from Article 6a of this Regulation, the data referred to in Articles 14, ~~15, 16,~~ 17 and 18 of [Regulation establishing the Entry/Exit System (EES)] shall be temporally stored in the National Uniform Interface as defined in Article 6 of [Regulation establishing the Entry/Exit System (EES)]. If this is not possible, the data shall be temporarily stored locally. In both situations, the data shall be entered into the Central System of the EES as soon as the technical impossibility or failure has been remedied. Member States shall take the appropriate measures and deploy the required infrastructure, equipment and resources in order to ensure that such temporary local storage can be carried out at any time and for any of their border crossing points;

Amendment 97 #

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b

Regulation (EU) 2016/399
Article 9 – paragraph 3 a – point ii

(ii) by way of derogation from Articles 8(3)(a)(iii) and 8(3)(g)(iv) for nationals of third countries holding a visa [or a touring visa] referred to in Article 6(1)(b), when technically possible, the verification of the identity of the holder of the visa shall be carried out by consulting directly the VIS in accordance with Article 18 of Regulation (EC) No 767/2008."deleted

Amendment 98 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – introductory part

(11) Article 11 is ~~replaced by the following:~~deleted.

Amendment 99 #