Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
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Opinion | BUDG | HOHLMEIER Monika (EPP) | |
Lead | LIBE | DÍAZ DE MERA GARCÍA CONSUEGRA Agustín (EPP) | FAJON Tanja (S&D), HALLA-AHO Jussi (ECR), MLINAR Angelika (ALDE), VERGIAT Marie-Christine (GUE/NGL), ALBRECHT Jan Philipp (Verts/ALE), VON STORCH Beatrix (EFD) |
Legal Basis TFEU 077-p2, TFEU 087-p2, TFEU 088-p2-a1
Activites
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2016/05/09
Committee referral announced in Parliament, 1st reading/single reading
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2016/04/06
Legislative proposal published
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COM(2016)0194
summary
PURPOSE: to propose a revised version of the Entry/Exit System (EES) to speed-up, facilitate and reinforce border check procedures for non-EU nationals travelling to the EU. 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 area’s 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: revise its 2013 proposal for a Regulation for the establishment of an Entry/Exit System (EES); revise its 2013 proposal for Regulation amending the Schengen Borders Code to integrate the technical changes that result from the new proposal for a Regulation establishing an Entry/Exit System (EES); withdraw its 2013 proposal for a Regulation for a Registered Traveller Programme (RTP). CONTENT: this proposal is part of the broader 'Smart Borders Package', addressing the role of information systems in enhancing external border management, internal security and the fight against terrorism and organised crime. It seeks to modernise external border management by improving the quality and efficiency of controls and support Member States with the increasing numbers of travellers entering and exiting the EU. The main differences between this revised proposal and the 2013 proposals are as follows: Single system: only one system is proposed, the Entry Exit System. Scope of the new Entry Exit System: the scope of the new Entry Exit System includes border crossings by all third country nationals visiting the Schengen area for a short stay (maximum 90 days period in any period of 180 days), both visa-required and visa-exempt travellers, or eventually, on the basis of a touring visa (up to one year). The system will register the name, type of travel document and biometrics and the date and place of entry and exit. This will facilitate the border crossing of bona fide travellers, detect over-stayers and identify undocumented persons in the Schengen area. The EES will also record refusals of entry of third country nationals falling within its scope. Interoperability: this should be ensured between the EES and VIS in order to achieve more efficiency and rapidity at border checks. Biometric identifiers: while the 2013 EES proposals were relying on ten fingerprints, the revised EES proposals suggests a combination of four fingerprints and the facial image as biometric identifiers introduced from the start of operations of the EES. The four fingerprints are used at enrolment to check if the third country national was already registered in the system while the facial image allows for a quick and reliable (automatic) verification at subsequent entry that the individual subject to the border control is the one already registered in the EES. The Entry-Exit System will replace the current system of manual stamping of passports which is time consuming, does not provide reliable data on border crossings and does not allow the detection of over-stayers or address cases of loss or destruction of travelling documents. Data protection and data retention period: there is a significant reduction in the volume of personal data recorded in EES: 26 data items are to be recorded in EES instead of 36. Appropriate data protection safeguards and strict access rights are foreseen in accordance with EU data protection rules. The retention time for stored data is five years. This extended period shall reduce the re-enrolment frequency. The facilitation of border crossings: the approach for facilitation is based on the implementation of self-service systems and e-gates, which will allow third country nationals to initiate the procedure for border clearance, to be completed by providing additional information to the border guard on request. The use of these accelerators (introduced in the proposal amending the Schengen Borders Code) is optional for Member States, open to most of the travellers and does not require the development of any new system. In addition there will be a harmonised legal basis (again introduced in the amendments to the Schengen Borders Code) for the establishment of national Registered Travellers Programmes by Member States, on a voluntary basis. Law enforcement access: from the start of operations, Member States' law enforcement authorities and Europol will have access to the EES, under strictly defined conditions. BUDGETARY IMPLICATIONS: in the 2013 proposals, EUR 1.1 billion was set aside as an indicative amount for the development of an EES and an RTP. For the revised proposal, based on the preferred option of a single EES system including the law enforcement access, the amount needed has been estimated at EUR 480 million.
- DG {'url': 'http://ec.europa.eu/dgs/home-affairs/', 'title': 'Migration and Home Affairs'}, AVRAMOPOULOS Dimitris
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COM(2016)0194
summary
Documents
- Legislative proposal published: COM(2016)0194
Amendments | Dossier |
29 |
2016/0106(COD)
2016/10/14
BUDG
29 amendments...
Amendment 10 #
Proposal for a regulation Recital 10 (10) To meet those objectives, the EES should process alphanumeric data and biometric data (fingerprints and facial image).
Amendment 11 #
Proposal for a regulation Recital 12 (12) The EES should consist of a Central System, which will operate a computerised central database of biometric and alphanumeric data, a National Uniform Interface in each Member State, a Secure Communication Channel between the EES Central System and the VIS Central System and between the EES Central System and the EURODAC Central System and the Communication Infrastructure between the Central System and the National Uniform Interfaces. Each Member State should connect its national border infrastructures to the National Uniform Interface. Member States' national border infrastructures include the Schengen Information System, the Interpol SLTD and Europol databases and the national databases of law enforcement authorities.
Amendment 12 #
Proposal for a regulation Recital 13 a (new) (13a) Interoperability should be established between the EES and Eurodac by way of a direct communication channel between the Central Systems to allow the automatic transfer from the EES to Eurodac of the data of persons having exceeded the authorised period of stay;
Amendment 13 #
Proposal for a regulation Recital 21 (21) Requests for access to data stored in the Central System should be made by the operating units within the designated authorities to the central access point and should be justified. The operating units within the designated authorities that are authorised to request access to EES data should not act as a verifying authority. The central access points should act
Amendment 14 #
Proposal for a regulation Recital 25 (25) The personal data stored in the EES should be kept for no longer than is necessary for the purposes of the EES. It is appropriate to keep the data related to third country nationals for a period of
Amendment 15 #
Proposal for a regulation Recital 29 (29) Rules on the liability of the Member States and the European Commission in respect to damage arising from any breach of this Regulation should be laid down.
Amendment 16 #
Proposal for a regulation Recital 32 (32) Personal data obtained by Member States pursuant to this Regulation should not be transferred or made available to a third country, an international organisation or any private party established in or outside the Union
Amendment 17 #
Proposal for a regulation Recital 39 (39) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council32and in cooperation with the national authorities. __________________ 32 Regulation No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning the mechanisms of control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011,p. 13).
Amendment 18 #
Proposal for a regulation Recital 41 Amendment 19 #
Proposal for a regulation Recital 43 Amendment 20 #
Proposal for a regulation Recital 43 (43) This Regulation establishing the EES replaces the obligation to stamp passports of third country nationals which is applicable by all acceding Member States. Stays in Member States which are not
Amendment 21 #
Proposal for a regulation Recital 51 a (new) (51 a) This Regulation calls on the Commission to extend the Schengen area to other Members States that comply with the accession criteria in view of having an adequate response to external security risks and ensuring an EU wide approach.
Amendment 22 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) allow to identify and detect overstayers (also within the territory) and enable competent national authorities of the Member States to take appropriate measures including to increase the possibilities for return, with the exception of those seeking international protection
Amendment 23 #
Proposal for a regulation Article 6 – paragraph 1 – point b (b) a National Uniform Interface (NUI) in each Member State based on common technical specifications and identical for all Member States enabling the connection of the Central System to the national border infrastructures in Member States; Member States' national border infrastructures include the Schengen Information System, the Interpol SLTD and Europol databases and the national databases of law enforcement authorities;
Amendment 24 #
Proposal for a regulation Article 6 – paragraph 1 – point c a (new) (a) a Secure Communication Channel between the EES Central System and the Eurodac Central System;
Amendment 25 #
Proposal for a regulation Article 7 a (new) Article 7a Interoperability with Eurodac 1. eu-LISA shall establish a Secure Communication Channel between the EES Central System and that of Eurodac to allow interoperability between the two systems. 2. The interoperability requirement allows the automated transfer of the data referred to in Articles 14 and 15 of all persons having exceeded the permitted length of stay from the EES Central System to the Eurodac Central System.
Amendment 26 #
Proposal for a regulation Article 10 – paragraph 4 4. Stays in Member States which are not
Amendment 27 #
Proposal for a regulation Article 11 – paragraph 2 a (new) 2a. The data referred to in Articles 14 and 15 of all persons having exceeded by more than 15 days the permitted length of stay and whose entry/exit record contains no exit data shall be automatically transferred to the Eurodac Central System.
Amendment 28 #
Proposal for a regulation Article 30 – paragraph 1 – introductory part 1. Europol shall have access to consult the EES where a
Amendment 29 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 1 eu-LISA shall be responsible for the development of the Central System, the National Uniform Interfaces, the Communication Infrastructure and the Secure Communication Channel between the EES Central System and the VIS Central System and between the EES Central System and the Eurodac Central System. It shall also be responsible for the development of the web service referred to in Article 12 in accordance with the specifications and conditions adopted in accordance with the examination procedure referred to in Article 61(2).
Amendment 30 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 2 eu-LISA shall define the design of the physical architecture of the system including its Communication Infrastructure as well as the technical specifications and their evolution as regards the Central System, the Uniform Interfaces, the Secure Communication Channel between the EES Central System and the VIS Central System and between the EES Central System and the Eurodac Central System and the Communication Infrastructure, which shall be adopted by the Management Board, subject to a favourable opinion of the Commission. eu-
Amendment 31 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 3 eu-LISA shall develop and implement the
Amendment 32 #
Proposal for a regulation Article 34 – paragraph 3 – subparagraph 1 eu-LISA shall be responsible for the operational management of the Central System, the Secure Communication Channel between the EES Central System and the VIS Central System and between the EES Central System and the Eurodac Central System and the National Uniform Interfaces. It shall ensure, in cooperation with the Member States, at all times the best available technology, subject to a cost- benefit analysis. eu-LISA shall also be responsible for the operational management of the Communication Infrastructure between the Central system and the National Uniform Interfaces and for the web-service referred to in Article 12.
Amendment 33 #
Proposal for a regulation Article 34 a (new) Article 34 a The Commission shall ensure that each Member State is provided with sufficient financial support in view of integrating the existing national border infrastructures with the EES via the National Uniform Interfaces. This financial support shall cover all national integration costs and expenses related to the implementation of this Regulation and shall be proportionate to the individual administrative needs of each Member State.
Amendment 34 #
Proposal for a regulation Article 64 – paragraph 5 5. Three years after the start of operations of the EES and every
Amendment 6 #
Proposal for a regulation Citation 1 a (new) having regard to the Protocol (No 1) of the Treaty on the Functioning of the European Union (TFEU) on the role of National Parliaments in the European Union,
Amendment 7 #
Proposal for a regulation Citation 1 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 8 #
Proposal for a regulation Recital 6 a (new) (6a) In its communication of 6 April 2016 on 'Stronger and Smarter Information Systems for Borders and Security', the Commission presented a process aimed at achieving the interoperability of information systems in order to improve structurally the EU's data management architecture for border controls and security.
Amendment 9 #
Proposal for a regulation Recital 7 (7) It is necessary to specify the objectives of the Entry/Exit System (EES) and its technical architecture, to lay down rules concerning its operation
source: 592.200
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