Awaiting Parliament 1st reading / single reading / budget 1st stage
2016/0106(COD) Entry/Exit System (EES)
Lead committee dossier: LIBE/8/06162
Legal Basis TFEU 077-p2, TFEU 087-p2, TFEU 088-p2-a1
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | BUDG | HOHLMEIER Monika (EPP) | |
| Opinion | JURI | GUTELAND Jytte (S&D) | |
| 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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2017/10/25
Debate in plenary scheduled
- #3528
- 2017/03/27 Council Meeting
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2017/03/08
Committee report tabled for plenary, 1st reading/single reading
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A8-0057/2017
summary
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Agustín DÍAZ DE MERA GARCÍA CONSUEGRA (EPP, ES) on the proposal for a regulation of the European Parliament and of the Council establishing an 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 and amending Regulation (EC) No 767/2008 and Regulation (EU) No 1077/2011. The committee recommended that the European Parliament’s position adopted at first reading, following the ordinary legislative procedure, should amend the Commission proposal as follows: Subject matter: the amended text stipulated that the proposed Regulation establishes an 'Entry/Exit System' (EES) for the recording and storage of information on the date, time and place of entry and exit of third country nationals crossing the external borders of the Member States, for the calculation of the duration of their authorised stay, and for the generation of alerts to Member States when authorised periods for stay have expired as well as for the recording of the date, time and place of refusal of entry of third country nationals whose entry for a short stay {or on the basis of a touring visa} has been refused as well as the authority of the Member State which refused the entry and the reasons for refusal. Scope: for the purposes of the prevention, detection and investigation of terrorist offences or of other serious criminal offences, this Regulation also lays down in its Chapter IV the conditions and limitations under which Member States' designated law enforcement authorities and the European Police Office (Europol) may obtain access for consultation of the EES. Definitions: Members proposed to clarify the following terms: “designated law enforcement authorities” shall mean the authorities responsible for the prevention, detection or investigation of terrorist offences or of other serious criminal offences designated by the Member States; “touring visa” shall mean an authorisation issued by a Member State with a view to an intended stay in the territory of two or more Member States for a duration of 12 months in any 15 month period, provided that the applicant does not stay for more than 90 days in any 180 day period in the territory of the same Member State. Purpose of the EES: the amended text stated that in order to facilitate border crossing for third-country nationals who frequently travel and have been pre-vetted, Member States may establish national facilitation programmes and connect them to the EES. The EES shall enable the national competent authorities to have access to information on previous short stays or refusals of entry for the purposes of the examination of applications for access to national facilitation programmes and the adoption of decisions. Interoperability between the EES and the VIS and Europol: the idea of strengthened interoperability is outlined in a recital. Members also stipulated that access to the EES as a tool for the purpose of identifying an unknown suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence shall be allowed where certain conditions are met and the consultation, as a matter of priority, of the data stored in the databases that are technically and legally accessible by Europol has not made it possible to verify the identity of the person concerned. Since fingerprint data of visa-holding third-country nationals are only stored in the VIS, a request for consultation of the VIS on the same data subject may be submitted in parallel to a request for consultation of the EES. Development and operational management: according to the text, eu-LISA shall play an important role in the development and maintenance of the EES. It shall be the controller responsible for the security of the web service, for the security of the personal data it contains and the process to extract the personal data from the central system into the web service. By developing and implementing the Central System, the National Uniform Interfaces, the Secure Communication Channel between the EES Central System and the VIS Central System, and the secure and encrypted Communication Infrastructure, eu-LISA shall: perform a risk assessment as part of the development of the EES; follow the principles of privacy by design and by default during the entire lifecycle of the system development; update the risk assessment for the VIS to take into account the new connection with the EES and follow up by implementing any additional security measures highlighted by the updated risk assessment. Personal data for visa holders: the border authority shall create an individual file of the third country national subject to a visa requirement to cross the external borders by entering the following data: type and number of the travel document or documents and three letter code of the issuing country of the travel document or documents; the facial image with sufficient image resolution and quality to be used in automated biometric matching, where possible extracted electronically from the eMRTD or the VIS, and where this is not possible, taken live. Where a visa holding third country national benefits from the national facilitation programme of a Member State, the Member State concerned may insert a notification in the individual file of that third country national specifying the national facilitation programme concerned. According to Members, knowing whether a person has been pre-vetted and accepted to a national facilitation programme in one of the Member States would be a valuable piece of information to border guards. Biometrics: the amended text stated that border guards shall, when capturing biometric data for the EES, fully respect human dignity, in particular in the event of difficulties encountered in the capturing of facial images or the taking of fingerprints. Retention period for data storage: Members proposed that each entry/exit record or refusal of entry record linked to an individual file shall be stored in the EES Central System for two years (as opposed to the Commission’s five years) following the date of the exit record or of the refusal of entry record, as applicable. Data protection: the report stressed that data retrieved from the EES may be kept in national files only where necessary in an individual case, in accordance with the purpose of the EES and relevant Union law, in particular on data protection, and for no longer than necessary in that individual case. A Member State may keep the alphanumeric data which that Member State entered into the EES, in accordance with the purposes of the EES in its national entry exit system in full respect of Union Law. Reporting: the report noted that every quarter, eu-LISA shall publish statistics on the EES showing in particular the number, nationality, age, gender, duration of stay and border crossing point of entry of over stayers, of third country nationals who were refused entry, including the grounds for refusal, and of third country nationals whose stays were revoked or extended as well as the number of third country nationals exempt from the requirement to give fingerprints. Lastly, Members suggested enhancing rules on reporting back to the Parliament and the Council during and after the development of the EES, including an obligatory update on budgetary and cost developments, to ensure full parliamentary scrutiny and oversight of the process and to minimise the risk of cost overruns and delays.
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A8-0057/2017
summary
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2017/02/27
Committee decision to open interinstitutional negotiations with report adopted in committee
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2017/02/27
Vote in committee, 1st reading/single reading
- #3508
- 2016/12/09 Council Meeting
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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/info/departments/migration-and-home-affairs_en', 'title': 'Migration and Home Affairs'}, AVRAMOPOULOS Dimitris
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COM(2016)0194
summary
Documents
- Legislative proposal published: COM(2016)0194
- Debate in Council: 3508
- Committee report tabled for plenary, 1st reading/single reading: A8-0057/2017
- Debate in Council: 3528
| Amendments | Dossier |
| 608 |
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
2017/01/13
LIBE
290 amendments...
Amendment 432 #
Proposal for a regulation Article 13 – paragraph 1 1. Border authorities shall verify, in accordance with Article 21, whether a previous individual file has been created in the EES for the third country national as well as their identity. Where a third country national uses a self-service system for
Amendment 433 #
Proposal for a regulation Article 13 – paragraph 2 2. Where a previous individual file has been created, the border authority shall, if necessary, update the individual file data, enter an entry/exit record for each entry and exit in accordance with Articles 14 and 15 or, where applicable, a refusal of entry record in accordance with Article 16. That record shall be linked to the individual file of the third country national concerned. Where applicable, the data referred to in
Amendment 434 #
Proposal for a regulation Article 13 – paragraph 2 2. Where a previous individual file has been created, the border authority shall, if necessary, update the individual file data
Amendment 435 #
Proposal for a regulation Article 13 – paragraph 2 2. Where a previous individual file has been created, the border authority shall, if necessary, update the individual file data, enter an entry/exit record for each entry and exit in accordance with Articles 14 and 15 or, where applicable, a refusal of entry record in accordance with Article 16. That record shall be linked to the individual file of the third country national concerned. Where applicable, the data referred to in Article 17(1) shall be added to the individual file and the data referred to in Article 17(3) and (4) shall be added to the entry/exit record of the third country national concerned. The different travel documents and identities used legitimately by a third country national shall be added to the third country national's individual file. Where a previous file has been registered and the third country national presents a valid travel document which differs from the one which was previously registered, the data referred
Amendment 436 #
Proposal for a regulation Article 13 – paragraph 3 Amendment 437 #
Proposal for a regulation Article 13 – paragraph 3 3. Where it is necessary to create or update the individual file data of a visa holder, the border authorities may retrieve and import the data provided for in Article 14(1) (d)
Amendment 438 #
Proposal for a regulation Article 13 – paragraph 4 4. In the absence of a previous registration of a third country national in the EES, the border authority shall create the individual file of the person by entering the data referred to in Articles 14
Amendment 439 #
Proposal for a regulation Article 13 – paragraph 5 Amendment 440 #
Proposal for a regulation Article 13 – paragraph 8 Amendment 441 #
Proposal for a regulation Article 14 – paragraph 1 – point d (d) the
Amendment 442 #
Proposal for a regulation Article 14 – paragraph 1 – point e (e) at the first entry on the basis of the
Amendment 443 #
Proposal for a regulation Article 14 – paragraph 1 – point f Amendment 444 #
Proposal for a regulation Article 14 – paragraph 1 – point f (f) the facial image, where possible extracted electronically from the eMRTD or the VIS, and where this is not possible, taken live. Facial images taken live shall be in accordance with the specifications for the minimum level of quality for the resolution and use of facial images taken live adopted by the Commission in accordance with the examination procedure referred to in Article 61(2);
Amendment 445 #
Proposal for a regulation Article 14 – paragraph 1 – point f (f) the facial image with sufficient image resolution and quality to be used in automated biometric matching, where possible extracted electronically from the eMRTD, and where this is not possible, taken live;
Amendment 446 #
Proposal for a regulation Article 14 – paragraph 1 – point g (g)
Amendment 447 #
Proposal for a regulation Article 14 – paragraph 1 a (new) 1a. Member States shall ensure that appropriate procedures guaranteeing the dignity of the person are in place in the event of difficulties encountered in the capturing of facial images.
Amendment 448 #
Proposal for a regulation Article 14 – paragraph 4 4. Where there is no exit data immediately following the date of expiry of the authorised length of stay, the entry/exit record shall be identified with a mark or flag by the system and the data of the visa holding third country national identified as an overstayer shall be entered into the list referred to in Article 11
Amendment 449 #
Proposal for a regulation Article 14 – paragraph 5 Amendment 450 #
Proposal for a regulation Article 14 – paragraph 5 5. In order to create the individual file of a visa holding third country national the data provided for in paragraph 1 (d)
Amendment 451 #
Proposal for a regulation Article 14 – paragraph 5 a (new) 5a. If a visa holding third country national benefits from the national facilitation programme of a Member State in accordance with Article 8e of Regulation (EU) 2016/399, the Member State concerned may insert a notification in the individual file of that third country national specifying the national facilitation programme concerned.
Amendment 452 #
Proposal for a regulation Article 15 Amendment 453 #
Proposal for a regulation Article 15 – paragraph 1 1. For third country nationals exempt from the visa obligation, the border authority shall enter into their individual file the data provided for in Article 14(1)(a), (b), (c) and (f).
Amendment 454 #
Proposal for a regulation Article 15 – paragraph 1 a (new) 1a. Children under the age of 16 shall be exempt from these requirements;
Amendment 455 #
Proposal for a regulation Article 15 – paragraph 2 Amendment 456 #
Proposal for a regulation Article 15 – paragraph 2 2. Children under the age of 12 shall be exempt from the requirement to give fingerprints for legal reasons and shall not be subject to Article 14.
Amendment 457 #
Proposal for a regulation Article 15 – paragraph 2 2. Children under the age of
Amendment 458 #
Proposal for a regulation Article 15 – paragraph 3 Amendment 459 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 2 However, where the physical impossibility is of a temporary nature, the person shall be required to give the fingerprints at the subsequent entry. The border authorities shall be entitled to request further clarification on the grounds for the temporary impossibility to provide fingerprints. This information shall be limited to what is strictly necessary for the clarification of such grounds and shall be stored in the individual file until such time as the person is able to give fingerprints but no longer than the retention period for that individual file.
Amendment 460 #
Proposal for a regulation Article 15 – paragraph 3 – subparagraph 3 Member States shall ensure that appropriate procedures guaranteeing the dignity of the person a
Amendment 461 #
Proposal for a regulation Article 15 – paragraph 4 Amendment 462 #
Proposal for a regulation Article 15 – paragraph 4 4. Where the person concerned is exempt from the requirement to give fingerprints for legal or factual reasons pursuant to paragraphs 2 or 3, the specific data field shall be marked as ‘not applicable’. The system shall allow a distinction to be made between the cases where fingerprints are not required to be provided for legal reasons and the cases where they cannot be provided for factual reasons. The temporary physical impossibility to give fingerprints shall be recorded.
Amendment 463 #
Proposal for a regulation Article 16 Amendment 464 #
Proposal for a regulation Article 16 Amendment 465 #
Proposal for a regulation Article 16 – paragraph 1 1. Where a decision has been taken by the border authority, in accordance with Article 14 of Regulation (EU) 2016/399 and Annex V thereto, to refuse the entry of a third country national referred to in
Amendment 466 #
Proposal for a regulation Article 16 – paragraph 2 Amendment 467 #
3a. If a third country national to whom the border authorities refuse entry to a country’s territory so request, those border authorities shall be required to supply in writing the reasons for the refusal. At all events, the person concerned must be able to appeal against the refusal and must be duly informed of the conditions under which they may appeal.
Amendment 468 #
Proposal for a regulation Article 16 – paragraph 4 a (new) 4a. A copy of this file must be communicated to the person on the spot.
Amendment 469 #
Proposal for a regulation Article 17 – paragraph 2 Amendment 470 #
Proposal for a regulation Article 17 – paragraph 3 – point b (b) any other decision taken by the competent authorities of the Member State, in accordance with national legislation, resulting in the removal or departure of the third country national who does not fulfil or no longer fulfils the conditions for the entry into or for the stay or residence in the territory of the Member States.
Amendment 471 #
Proposal for a regulation Article 17 – paragraph 3 – point b (b) any other decision taken by the competent authorities of the Member State, in accordance with national legislation, resulting in the removal
Amendment 472 #
Proposal for a regulation Article 17 – paragraph 3 a (new) 3a. The entry/exit record shall indicate the date of voluntary definitive departure of the third country national after the date on which his or her residence permit expires.
Amendment 473 #
Proposal for a regulation Article 18 – paragraph 1 Without prejudice to Article 20, where a third country national present on the territory of a Member State is not registered in the EES or the entry/exit record does not contain an exit date following the date of expiry of the authorised length of stay, the competent authorities may not presume that the third country national does not fulfil or no longer fulfils the conditions relating to duration of stay in the territory of the Member States.
Amendment 474 #
Proposal for a regulation Article 18 – paragraph 2 Amendment 475 #
Proposal for a regulation Article 18 – paragraph 2 In that case Article 12 of Regulation (EU) 2016/399 shall apply and if that presumption is rebutted by
Amendment 476 #
Proposal for a regulation Article 18 – paragraph 2 In that case Article 12 of Regulation (EU) 2016/399 shall apply and if that presumption is rebutted by proof that the third country national concerned has respected the conditions relating to the condition of short or long stay, the competent authorities shall create an individual file for that third country national in the EES if necessary, or update the latest entry/exit record by entering the missing data in accordance with Articles 14 and 15 or delete an existing file where Article 32 applies.
Amendment 477 #
Proposal for a regulation Article 19 – paragraph 1 In the event of technical impossibility in entering data in the Central System or in the event of a failure of the Central System, the data referred to in Articles 14, 15, 16, 17 and 18 shall be temporarily stored in the National Uniform Interface as provided for in Article 6. If this is not possible, the data
Amendment 478 #
Proposal for a regulation Article 19 – paragraph 1 In the event of technical impossibility in entering data in the Central System or in the event of a failure of the Central System, the data referred to in Articles 14,
Amendment 479 #
Proposal for a regulation Article 20 – paragraph 2 Amendment 480 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 2 Amendment 481 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 3 Amendment 482 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 3 If the search in the EES with those data indicates that data on the third country national are recorded in the EES, the border authorities shall compare the live
Amendment 483 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 4 Amendment 484 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 4 Amendment 485 #
Proposal for a regulation Article 21 – paragraph 4 – subparagraph 2 Amendment 486 #
Proposal for a regulation Article 21 – paragraph 4 – subparagraph 2 Amendment 487 #
Proposal for a regulation Article 22 – paragraph 2 – point c (c) the biometric data as referred to in Article
Amendment 488 #
Proposal for a regulation Article 23 – paragraph 2 2. The competent authority shall be given access to search with one or several of the data referred to in Article 14(1)(a), (b), (c) and (f) and Article 15(1).
Amendment 489 #
Proposal for a regulation Article 23 – paragraph 3 3. If the search with the data set out in paragraph 2 indicates that data on the third
Amendment 490 #
Proposal for a regulation Article 24 – title Access to data for verification within the territory of the
Amendment 491 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 1 For the purpose of verifying the identity of the third country national and/or whether the conditions for entry to or stay on the territory of the
Amendment 492 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 2 If the search indicates that data on the third country national are recorded in the EES, the competent authorities shall compare the live facial image of the third country national with the facial image referred to in Article 14(1)(f).
Amendment 493 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 1 For the sole purpose of identifying any third country national who may have been registered previously in the EES or Eurodac under a different identity or who does not or no longer fulfils the conditions for entry to, for stay or for residence on the territory of the Member States, the competent authorities for carrying out checks at external border crossing points in accordance with Regulation (EU) 2016/399 or within the territory of the Member States
Amendment 494 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 1 For the sole purpose of identifying any third country national who may have been registered previously in the EES under a different identity or who does not or no longer fulfils the conditions for entry to, for stay or for residence on the territory of the Member States, the competent authorities for carrying out checks at external border crossing points in accordance with Regulation (EU) 2016/399 or within the territory of the Member States as to whether the conditions for entry to, stay or residence on the territory of the Member States are fulfilled shall have access to search with the biometric data of that third country national referred to in Article
Amendment 495 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 2 Amendment 496 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 2 Where the search with the data referred to in Article
Amendment 497 #
Where the
Amendment 498 #
Proposal for a regulation Article 25 a (new) Article 25a Access to data for the purpose of determining the Member State responsible for an asylum application For the sole purpose of determining the Member State responsible for a request for international protection, the competent authority as referred to in Article 35(1) of Regulation (EU) No 604/2013 shall be authorised to make searches in the EES with the aid of the data of that third country national referred to in Article 14(1) and Article 15(1)(a), (b) and (c). If the search performed with the aid of the data referred to in paragraph 1 indicates that the data of that third country national are recorded in the EES, the competent authority of the Member State concerned as referred to in Article 35(1) of Regulation (EU) No 604/2013 shall be authorised to access the data referred to in Article 14(1) and (2)(a) and (b) and Article 15(1)(a), (b) and (c) solely for the purposes referred to in paragraph 1.
Amendment 499 #
Proposal for a regulation Article 26 Amendment 500 #
Proposal for a regulation Article 26 – paragraph -1 (new) -1. This Regulation also lays down in its Chapter IV the secondary, exceptional objective of the EES, namely the prevention, detection and investigation of terrorist offences or of other serious criminal offences, creating the conditions under which Member States’ designated law enforcement authorities and the European Police Office (Europol) may obtain access to the EES for consultation. This secondary objective must not be confused with the primary objective of controlling the entry and departure of third country nationals crossing the external borders of the Member States.
Amendment 501 #
Proposal for a regulation Article 26 – paragraph 1 1. Member States shall designate the law enforcement authorities which are entitled to
Amendment 502 #
Proposal for a regulation Article 26 – paragraph 3 – subparagraph 1 Each Member State shall designate a central
Amendment 503 #
Proposal for a regulation Article 26 – paragraph 3 – subparagraph 2 The designated authority and the central
Amendment 504 #
Proposal for a regulation Article 26 – paragraph 3 – subparagraph 2 The designated authority and the central access point
Amendment 505 #
Proposal for a regulation Article 26 – paragraph 3 – subparagraph 3 Member States may designate more than one central
Amendment 506 #
Proposal for a regulation Article 26 – paragraph 4 4. Each Member State shall notify in a declaration to eu-LISA and the Commission their central
Amendment 507 #
Proposal for a regulation Article 26 – paragraph 5 Amendment 508 #
Proposal for a regulation Article 26 – paragraph 6 Amendment 509 #
Proposal for a regulation Article 27 Amendment 510 #
Proposal for a regulation Article 27 – paragraph 1 1. Europol shall designate an authority which is authorised to request
Amendment 511 #
Europol shall designate a specialised unit with duly empowered Europol officials a
Amendment 512 #
Proposal for a regulation Article 27 – paragraph 2 – subparagraph 2 Amendment 513 #
Proposal for a regulation Article 27 a (new) Article 27a Personal data accessed in the EES for the purposes laid down in Article 1(2) shall only be processed for the purposes of the prevention, detection or investigation of the specific case for which the data have been requested by a Member State or by Europol.
Amendment 514 #
Proposal for a regulation Article 28 Amendment 515 #
Proposal for a regulation Article 28 – paragraph 1 1. The operating units referred to in Article 26(5) shall submit a reasoned electronic request to the central
Amendment 516 #
Proposal for a regulation Article 28 – paragraph 2 2. In an exceptional case of urgency, where there is a need to prevent an imminent danger associated with a terrorist offence or another serious criminal offence, the central
Amendment 517 #
Proposal for a regulation Article 28 – paragraph 2 2. In an exceptional case of urgency, where there is a need to prevent an imminent danger associated with a terrorist offence or another serious criminal offence, the central access point(s) shall process the request immediately and shall only verify ex post whether all the conditions of Article 29 are fulfilled, including whether an exceptional case of urgency actually existed. The ex post verification shall take place without undue delay and not later than 48 hours after the processing of the request.
Amendment 518 #
Proposal for a regulation Article 28 – paragraph 3 3. Where an ex post verification determines that the
Amendment 519 #
Proposal for a regulation Article 28 a (new) Article 28a Access to data for authorities competent to decide on applications for international protection For the purpose of facilitating the examination of an application for international protection, the competent authorities of a Member State shall have access to the EES to search with the data referred to in Articles 14(1) and 15(1)."
Amendment 521 #
Proposal for a regulation Article 29 – paragraph 1 – introductory part 1. Designated authorities may
Amendment 522 #
Proposal for a regulation Article 29 – paragraph 1 – point a (a) access for consultation is necessary for the purpose of the prevention, detection or investigation of a terrorist offences or another serious criminal offence
Amendment 523 #
(a)
Amendment 524 #
Proposal for a regulation Article 29 – paragraph 1 – point a (a) access for consultation is necessary for the purpose of the prevention, detection or investigation of a terrorist offences or another serious criminal offence, thus making a search of the database proportionate if there is an overriding public security concern;
Amendment 525 #
Proposal for a regulation Article 29 – paragraph 1 – point b (b)
Amendment 526 #
Proposal for a regulation Article 29 – paragraph 1 – point b (b) access for consultation is
Amendment 527 #
Proposal for a regulation Article 29 – paragraph 1 – point c (c)
Amendment 528 #
Proposal for a regulation Article 29 – paragraph 1 – point c (c) reasonable grounds exist to consider that the consultation of the EES data
Amendment 529 #
Proposal for a regulation Article 29 – paragraph 1 – point c (c) evidence or reasonable grounds exist to consider that the consultation of the EES data may substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where
Amendment 530 #
2. The access to the EES
Amendment 531 #
Proposal for a regulation Article 29 – paragraph 2 – introductory part 2.
Amendment 532 #
Proposal for a regulation Article 29 – paragraph 2 – point a Amendment 533 #
Proposal for a regulation Article 29 – paragraph 2 – point b – paragraph 1 Amendment 534 #
Proposal for a regulation Article 29 – paragraph 2 – point b – paragraph 2 Amendment 535 #
Proposal for a regulation Article 29 – paragraph 2 – point b – paragraph 2 However, that prior search does not have to be conducted where there are reasonable grounds to believe that a comparison with the systems of the other Member States would not lead to the verification of the identity of the data subject or in exceptionally urgent cases where it is necessary to avert an imminent danger arising from a terrorist offence or other serious criminal offence. Those reasonable grounds shall be included in the electronic request for comparison with EES data sent by the designated authority to the central access point(s).
Amendment 536 #
Proposal for a regulation Article 29 – paragraph 2 – point b – paragraph 2 Amendment 537 #
Proposal for a regulation Article 29 – paragraph 2 – point b – paragraph 3 Since fingerprint data of visa holding third country nationals are only stored in the VIS, a request for consultation of the VIS on the same data subject m
Amendment 538 #
Proposal for a regulation Article 29 – paragraph 3 3. The access to the EES as a criminal intelligence tool to consult the travel history or the periods of stay in the
Amendment 539 #
Proposal for a regulation Article 29 – paragraph 3 3. The access to the EES
Amendment 540 #
Proposal for a regulation Article 29 – paragraph 3 3. The access to the EES as a criminal intelligence tool to consult the travel history or the periods of stay in the
Amendment 541 #
Proposal for a regulation Article 29 – paragraph 4 – point a Amendment 542 #
Proposal for a regulation Article 29 – paragraph 4 – point b Amendment 543 #
Proposal for a regulation Article 29 – paragraph 4 – point b – paragraph 2 Amendment 544 #
Proposal for a regulation Article 29 – paragraph 5 – introductory part 5. Consultation of the EES for the travel history of the third country national concerned shall be limited to searching with any of the following EES data in the individual file or in the entry/exit records
Amendment 545 #
Proposal for a regulation Article 29 – paragraph 5 – point d Amendment 546 #
Proposal for a regulation Article 29 – paragraph 5 – point e Amendment 547 #
Proposal for a regulation Article 30 Amendment 548 #
Proposal for a regulation Article 30 – paragraph 1 – point a (a)
Amendment 549 #
Proposal for a regulation Article 30 – paragraph 1 – point a (a) the consultation is necessary to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling under Europol's
Amendment 550 #
Proposal for a regulation Article 30 – paragraph 1 – point b (b)
Amendment 551 #
Proposal for a regulation Article 30 – paragraph 1 – point b (b) the consultation is
Amendment 552 #
Proposal for a regulation Article 30 – paragraph 1 – point c (c) reasonable grounds exist to consider that the consultation
Amendment 553 #
Proposal for a regulation Article 30 – paragraph 1 – point c (c) evidence or reasonable grounds exist to consider that the consultation may substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where
Amendment 554 #
Proposal for a regulation Article 30 – paragraph 1 – point c (c) reasonable grounds exist to consider that the consultation may substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect
Amendment 555 #
Proposal for a regulation Article 30 – paragraph 1 a (new) 1a. Access to the EES as a criminal identification tool for the purpose of identifying an unknown suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence shall be allowed when the conditions listed in paragraph 1 are met and the consultation, as a matter of priority, of the data stored in the databases which can technically and legally be accessed by Europol has not made it possible to verify the identity of the person concerned. Since fingerprint data of visa-holding third country nationals are only stored in the VIS, a request for consultation of the VIS on the same data subject may be submitted in parallel to a request for consultation of the EES in accordance with the conditions laid down in Decision 2008/633/JHA provided that the consultation, as a matter of priority, of the data stored in the databases which can technically and legally be accessed by Europol has not made it possible to verify the identity of the person concerned.
Amendment 556 #
Proposal for a regulation Article 30 – paragraph 2 2. The conditions laid down in Article 29 (
Amendment 557 #
Proposal for a regulation Article 30 – paragraph 3 3. Europol's designated authority may submit a reasoned electronic request for the consultation of all data or a specific set of data stored in the EES to the Europol central access point referred to in Article 27. Upon receipt of a request for
Amendment 558 #
Proposal for a regulation Article 30 – paragraph 4 4. The processing of information obtained by Europol from consultation with EES data shall be subject to the authorisation of the Member State of origin. That authorisation shall be obtained via the Europol national unit of that Member State. The European Data Protection Supervisor shall monitor the processing of personal data by Europol.
Amendment 559 #
Proposal for a regulation Article 30 – paragraph 4 a (new) 4a. Europol shall: (a) not connect any part of the EES nor transfer the data contained therein and to which it has access to any computer system for data collection and processing operated by or at Europol nor download or otherwise copy any part of the EES; (b) limit access to data entered in the EES to specifically authorised staff of Europol; (c) allow the European Data Protection Supervisor to review the activities of Europol in the exercise of its right to access and search data entered in the EES.
Amendment 560 #
Proposal for a regulation Article 31 – paragraph 1 1. Each entry/exit record
Amendment 561 #
Proposal for a regulation Article 31 – paragraph 1 1. Each entry/exit record or refusal of entry record linked to an individual file shall be stored
Amendment 562 #
Proposal for a regulation Article 31 – paragraph 1 1. Each entry/exit record or refusal of entry record linked to an individual file shall be stored for
Amendment 563 #
Proposal for a regulation Article 31 – paragraph 1 1. Each entry/exit record or refusal of entry record linked to an individual file shall be stored for
Amendment 564 #
Proposal for a regulation Article 31 – paragraph 1 1. Each entry/exit record or refusal of entry record linked to an individual file shall be stored for
Amendment 565 #
Proposal for a regulation Article 31 – paragraph 1 1. Each entry/exit record or refusal of entry record linked to an individual file shall be stored for
Amendment 566 #
Proposal for a regulation Article 31 – paragraph 2 Amendment 567 #
Proposal for a regulation Article 31 – paragraph 2 2. Each individual file together with the linked entry/exit record(s) or refusal of entry records shall be stored in the
Amendment 568 #
Proposal for a regulation Article 31 – paragraph 2 2. Each individual file together with the linked entry/exit record(s) or refusal of entry records shall be stored in the EES for
Amendment 569 #
Proposal for a regulation Article 31 – paragraph 2 2. Each individual file together with the linked entry/exit record(s) or refusal of entry records shall be stored in the EES for
Amendment 570 #
Proposal for a regulation Article 31 – paragraph 2 2. Each individual file together with the linked entry/exit record(s) or refusal of entry records shall be stored in the EES for
Amendment 571 #
Proposal for a regulation Article 31 – paragraph 2 2. Each individual file together with the linked entry/exit record(s) or refusal of entry records shall be stored in the EES for
Amendment 572 #
Proposal for a regulation Article 31 – paragraph 3 3. If there is no exit record following the date of expiry of the authorised period of stay, the data shall be stored for a period of
Amendment 573 #
Proposal for a regulation Article 31 – paragraph 3 3. If there is no exit record following the date of expiry of the authorised period of stay, the data shall be stored for a period of five years following the last day of the authorised stay.
Amendment 574 #
Proposal for a regulation Article 31 – paragraph 3 3. If there is no exit record following the date of expiry of the authorised period of stay, the data shall be stored for a period of
Amendment 575 #
Proposal for a regulation Article 31 – paragraph 3 3. If there is no exit record following the date of expiry of the authorised period
Amendment 576 #
Proposal for a regulation Article 31 – paragraph 3 3. If there is no exit record following the date of expiry of the authorised period of stay, the data shall be stored for a period of
Amendment 577 #
Proposal for a regulation Article 31 – paragraph 3 3. If there is no exit record following the date of expiry of the authorised period of stay, the data shall be stored for a period of
Amendment 578 #
Proposal for a regulation Article 31 – paragraph 3 3. If there is no exit record following the date of expiry of the authorised period of stay, the data shall be stored for a period of
Amendment 579 #
Proposal for a regulation Article 31 – paragraph 4 Amendment 580 #
Proposal for a regulation Article 31 – paragraph 4 Amendment 581 #
Proposal for a regulation Article 31 – paragraph 4 4. By way of derogation to paragraphs (2) and (3), the entry/exit record(s) generated by third country nationals in their condition of family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free
Amendment 582 #
Proposal for a regulation Article 31 – paragraph 4 4. By way of derogation to paragraphs (2) and (3), the entry/exit record(s) generated by third country nationals in their condition of family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC, shall not be stored in the EES
Amendment 583 #
Proposal for a regulation Article 31 – paragraph 4 4. By way of derogation
Amendment 584 #
Proposal for a regulation Article 31 – paragraph 4 4. By way of derogation
Amendment 585 #
Proposal for a regulation Article 31 – paragraph 5 5. Upon expiry of the retention period referred to in paragraphs 1
Amendment 586 #
Proposal for a regulation Article 31 – paragraph 5 5. Upon expiry of the retention period referred to in paragraphs 1, 3 and
Amendment 587 #
Proposal for a regulation Article 31 – paragraph 5 5. Upon expiry of the retention period referred to in paragraphs 1, 2, 3 and
Amendment 588 #
Proposal for a regulation Article 32 – paragraph 2 2. If the Member State responsible has evidence to suggest that data recorded in the EES are factually inaccurate or that data were processed in the EES in contravention of this Regulation, it shall check the data concerned and, if necessary, amend or erase them without delay from the EES and, where applicable, from the list of identified persons referred to in Article 11. This m
Amendment 589 #
Proposal for a regulation Article 32 – paragraph 3 3. By way of derogation from paragraphs 1 and 2, if a Member State other than the Member State responsible has evidence to suggest that data recorded in the EES are factually inaccurate or that data were processed in the EES in contravention of this Regulation, it shall check the data concerned if it is possible to do this without consulting the Member State responsible and, if necessary, amend or erase them from the EES without delay and, where applicable, from the list of identified persons referred to in Article 11. Otherwise the Member State shall contact the authorities of the Member State
Amendment 590 #
Proposal for a regulation Article 32 – paragraph 3 3. By way of derogation from paragraphs 1 and 2, if a Member State other than the Member State responsible has evidence to suggest that data recorded in the EES are factually inaccurate or that data were processed in the EES in contravention of this Regulation, it shall check the data concerned if it is possible to do this without consulting the Member State responsible and, if necessary, amend or erase them from the EES without delay and, where applicable, from the list of identified persons referred to in Article 11. Otherwise the Member State shall contact the authorities of the Member State responsible within a time limit of
Amendment 591 #
Proposal for a regulation Article 32 – paragraph 5 5. The data of identified persons referred to in Article 11 shall be deleted without delay from the list referred to in that Article and shall be corrected in the EES where the third country national
Amendment 592 #
Proposal for a regulation Article 32 – paragraph 6 – introductory part 6. Where a third country national has acquired the nationality of a Member State or has fallen under the scope of Article 2(3) before the expiry of the period referred to in Article 31, the individual file and the records linked to it in accordance with Articles 14 and 15 shall
Amendment 593 #
Proposal for a regulation Article 32 – paragraph 6 – introductory part 6. Where a third country national has acquired the nationality of a Member State or has fallen under the scope of Article 2(3) before the expiry of the period referred to in Article 31, the individual file and the records linked to it in accordance with Articles 14 and 15 shall be deleted
Amendment 594 #
Proposal for a regulation Article 32 – paragraph 7 7. The Central System shall immediately inform all Member States of the erasure of data from the EES and where applicable from the list of identified persons referred to in Article 11. The data shall be erased six months after all Member States have been informed.
Amendment 595 #
Proposal for a regulation Article 32 – paragraph 7 7. The Central System shall immediately inform all Member States and eu-LISA of the erasure of data from the EES and where applicable from the list of identified persons referred to in Article 11.
Amendment 596 #
Proposal for a regulation Article 33 – paragraph 1 – introductory part The Commission shall adopt the following measures necessary for the development and technical implementation of the Central System, the National Uniform Interfaces, and the secure Communication Infrastructure, in particular measures for:
Amendment 597 #
Proposal for a regulation Article 33 – paragraph 1 – point a Amendment 598 #
Proposal for a regulation Article 33 – paragraph 1 – point a (a) the specifications for
Amendment 599 #
Proposal for a regulation Article 33 – paragraph 1 – point a a (new) (aa) the specifications for the minimum level of quality for the resolution and use of facial images extracted electronically from the eMRTD or the VIS and for facial images taken live for biometric verification and identification in the EES;
Amendment 600 #
Proposal for a regulation Article 33 – paragraph 1 – point a a (new) (aa) the standard of quality and specifications for the use of facial images
Amendment 601 #
Proposal for a regulation Article 33 – paragraph 1 – point b Amendment 602 #
Proposal for a regulation Article 33 – paragraph 1 – point b (b) entering the data in accordance with Articles 14, 15,
Amendment 603 #
Proposal for a regulation Article 33 – paragraph 1 – point c Amendment 604 #
Proposal for a regulation Article 33 – paragraph 1 – point c (c) accessing the data in accordance with Articles 21 to
Amendment 605 #
Proposal for a regulation Article 33 – paragraph 1 – point d Amendment 606 #
Proposal for a regulation Article 33 – paragraph 1 – point g (g) the specifications and conditions for the web-service and for interoperability between the EES and national Advance Passenger Information systems referred to in Article 12;
Amendment 607 #
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, between the EES Central System and the Eurodac Central System, and between the EES Central System and the ETIAS 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 608 #
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. It shall also be responsible for the development of the web service and interoperability with national Advance Passenger Information systems 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 609 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 1 a (new) eu-LISA must base the design, creation and development 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 the Communication Infrastructure, on the principles of ‘limitation of purpose’ and ‘respect for privacy and data protection from the design stage onwards’. It must furthermore ensure that the use of the EES by all users complies with data protection provisions.
Amendment 610 #
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
Amendment 611 #
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, between the EES Central System and the Eurodac Central System, and between the EES Central System and the ETIAS Central System, and the Communication Infrastructure, which shall be adopted by the Management Board, subject to a favourable opinion of the Commission. eu-
Amendment 612 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 4 The development shall consist of the elaboration and implementation of the technical specifications, testing and overall project coordination as well as of the carrying out of risk assessments on the system. Throughout the entire life cycle of the system, the development principles of privacy by design and privacy by default shall be taken fully into account.
Amendment 613 #
Proposal for a regulation Article 35 – paragraph 1 – point b (b) the organisation, management, operation and maintenance of its existing national border infrastructure and of its connection to the EES for the purpose of Article 5
Amendment 614 #
Proposal for a regulation Article 35 – paragraph 1 – point c Amendment 615 #
Proposal for a regulation Article 35 – paragraph 2 Amendment 616 #
Proposal for a regulation Article 35 – paragraph 2 2. Each Member State shall designate a
Amendment 617 #
Proposal for a regulation Article 35 – paragraph 3 Amendment 618 #
Proposal for a regulation Article 35 – paragraph 4 a (new) 4a. Member States shall not process the EES data for purposes other than those laid down in this Regulation.
Amendment 619 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 2 – introductory part Each Member State shall ensure that the data collected and recorded in the EES is processed lawfully, and in particular that only duly authorised staff have access to the data for the performance of their tasks. The Member State responsible shall ensure in particular that:
Amendment 620 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 2 – point c a (new) (ca) comply with legislation specifically relating to data privacy.
Amendment 621 #
Proposal for a regulation Article 36 – paragraph 2 a (new) 2a. eu-LISA shall keep the European Data Protection Supervisor informed throughout the entire life cycle of the EES from its development to its operation and data.
Amendment 622 #
Proposal for a regulation Article 37 – paragraph 1 1. A Member State may only exceptionally keep the alphanumeric data which that Member State entered into the EES, in accordance with the purposes of the EES in its national files and national entry exit system, and may do so only with regard to individual cases, where it is strictly necessary, with the agreement of the independent supervisory authority and in accordance with European data protection law, in full respect of Union Law.
Amendment 623 #
Proposal for a regulation Article 37 – paragraph 1 1. A Member State may keep the
Amendment 624 #
Proposal for a regulation Article 37 – paragraph 2 2. The data shall not be kept in the national files or national entry/exit systems longer than is strictly necessary for its individual purposes and, at all events, no longer than it is kept in the EES.
Amendment 625 #
Proposal for a regulation Article 38 – paragraph 1 1. Data stored in the EES shall not be transferred or made available to a third
Amendment 626 #
Proposal for a regulation Article 38 – paragraph 2 Amendment 627 #
Proposal for a regulation Article 38 – paragraph 2 Amendment 628 #
Proposal for a regulation Article 38 – paragraph 2 – point a (a) the Commission has adopted a decision on the adequate protection of personal data in that third country in accordance with Article 25(6) of Directive 95/46/EC
Amendment 629 #
Proposal for a regulation Article 38 – paragraph 2 – point b (b) the third country or international organisation, which must have an adequate level of protection of personal data, agrees to use the data only for the purpose for which they were provided;
Amendment 630 #
Proposal for a regulation Article 38 – paragraph 2 – point b (b) the third country or international organisation
Amendment 631 #
Proposal for a regulation Article 38 – paragraph 2 – point c (c) the data are transferred or made available in accordance with the relevant provisions of Union law, in particular re
Amendment 632 #
Proposal for a regulation Article 38 – paragraph 2 – point d a (new) (da) a final decision ordering the return of the third-country national has been issued by the appropriate competent authority of the Member State in which the third-country national has been staying.
Amendment 633 #
Proposal for a regulation Article 38 – paragraph 3 Amendment 634 #
Proposal for a regulation Article 38 – paragraph 3 3.
Amendment 635 #
Proposal for a regulation Article 38 – paragraph 3 3. Transfers of personal data to third countries or international organisations pursuant to paragraph 2 shall not prejudice the rights of applicants for and beneficiaries of international protection
Amendment 636 #
Proposal for a regulation Article 38 – paragraph 3 3. Transfers of personal data to third countries or international organisations pursuant to paragraph 2 shall not prejudice the rights of applicants for and beneficiaries of international protection
Amendment 637 #
Proposal for a regulation Article 38 – paragraph 4 Amendment 638 #
Proposal for a regulation Article 38 – paragraph 4 4. Personal data obtained from the Central System by a Member State or by Europol for law enforcement purposes shall not, as a rule, be transferred or made available to any third country, international organisation or private entity established in or outside the Union. Th
Amendment 639 #
Proposal for a regulation Article 39 – paragraph 2 – point g (g) ensure that all authorities with a right of access to the EES create profiles describing the functions and responsibilities of persons who are authorised to enter, amend, delete, consult and search the data and make their profiles available to the national supervisory authorities referred to in Article 49
Amendment 640 #
Proposal for a regulation Article 39 – paragraph 3 a (new) 3a. The European Data Protection Supervisor shall be involved and informed in relation to everything falling within his or her field of responsibility;
Amendment 641 #
Proposal for a regulation Article 42 – paragraph 1 Member States shall ensure that each authority entitled to access EES data takes the measures necessary to comply with this Regulation and cooperates, where necessary, with the supervisory authority
Amendment 642 #
Proposal for a regulation Article 44 – paragraph 1 – introductory part 1. Without prejudice to the right of information in Article 10 of Directive 95/46/EC, third country nationals whose data are recorded in the EES shall be informed by the Member State responsible in writing, when the first record is made, and subsequently, of the following:
Amendment 643 #
Proposal for a regulation Article 44 – paragraph 1 – point a Amendment 644 #
(aa) the period for which the data are retained;
Amendment 645 #
Proposal for a regulation Article 44 – paragraph 1 – point a b (new) (ab) the consequences should the authorised duration of stay be exceeded, which may result in the addition of the individual's data to a list as provided for in Article 11(2);
Amendment 646 #
Proposal for a regulation Article 44 – paragraph 1 – point b Amendment 647 #
Proposal for a regulation Article 44 – paragraph 1 – point b Amendment 648 #
Proposal for a regulation Article 44 – paragraph 1 – point c Amendment 649 #
Proposal for a regulation Article 44 – paragraph 1 – point e a (new) (ea) the right of people who have overstayed to have their personal data deleted if they can justify the extension of their stay on the grounds of a change of situation or a serious event;
Amendment 650 #
Proposal for a regulation Article 44 – paragraph 1 – point e a (new) (ea) the right for overstayers to have their personal data deleted where they provide evidence that they exceeded the authorised duration of stay due to unforeseeable and serious events;
Amendment 651 #
Proposal for a regulation Article 46 – paragraph 1 1. Without prejudice to Article 12 of Directive 95/46/EC any third country national shall have the right to obtain the data relating to him or her recorded in the EES and of the Member State which transmitted it to the EES and may request that data relating to him or her which are inaccurate be corrected and that data recorded unlawfully be erased. The Member State responsible shall reply to such requests within 14 days of receipt of the request.
Amendment 652 #
Proposal for a regulation Article 46 – paragraph 1 1. Without prejudice to Article 12 of Directive 95/46/EC any third country national shall have the right to obtain the data relating to him or her recorded in the EES and of the Member State which transmitted it to the EES. Such data shall be provided to the third-country national concerned within two months of the date of receipt of a request.
Amendment 653 #
Proposal for a regulation Article 46 – paragraph 1 1. Without prejudice to Article 12 of Directive 95/46/EC any third country national shall have the right to obtain the data relating to him or her recorded in the EES and of the Member State which transmitted it to the EES and the right to request correction or deletion of inaccurate data or data which have been stored in error or fraudulently.
Amendment 654 #
Proposal for a regulation Article 46 – paragraph 2 2. If a request for correction or deletion is made to a Member State other
Amendment 655 #
Proposal for a regulation Article 46 – paragraph 2 2. If a request for correction or deletion is made to a Member State other than the Member State responsible, the authorities of the Member State to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the EES within a time limit of
Amendment 656 #
Proposal for a regulation Article 46 – paragraph 2 2. If a request for correction or deletion is made to a Member State other than the Member State responsible, the authorities of the Member State to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the EES within a time limit of one month if that check can be done without consulting the Member State responsible. Otherwise the Member State other than the Member State responsible shall contact the authorities of the Member State responsible within a time limit of 14 days and the Member State responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of
Amendment 657 #
Proposal for a regulation Article 46 – paragraph 2 2. If a request for correction or deletion is made to a Member State other
Amendment 658 #
Proposal for a regulation Article 46 – paragraph 3 – subparagraph 2 In the event that visa-related data recorded in the EES are factually incorrect or have been recorded unlawfully, the Member State responsible or, where applicable, the Member State to which the request has been made shall first check the accuracy of these data against the VIS and if necessary will amend them in the EES. Should the data recorded in the VIS be the same as in the EES, the Member State responsible or the Member State to which the request was made , shall contact the authorities of the Member State responsible for entering these data in the VIS within a time limit of
Amendment 659 #
Proposal for a regulation Article 46 – paragraph 3 – subparagraph 2 In the event that visa-related data recorded in the EES are factually incorrect or have been recorded unlawfully, the Member State responsible or, where applicable, the Member State to which the request has been made shall first check the accuracy of these data against the VIS and if necessary will amend them in the EES. Should the data recorded in the VIS be the same as in the EES, the Member State responsible or the Member State to which the request was made
Amendment 660 #
Proposal for a regulation Article 46 – paragraph 4 4. If the Member State responsible or, where applicable, the Member State to which the request has been made does not agree that data recorded in the EES are factually inaccurate or have been recorded unlawfully, that Member State shall adopt an administrative decision
Amendment 661 #
Proposal for a regulation Article 46 – paragraph 6 6. Any request made pursuant to paragraphs 1 and 2 shall contain the
Amendment 662 #
Proposal for a regulation Article 46 – paragraph 6 6. Any request made pursuant to paragraphs 1 and 2 shall contain the necessary information to identify the person concerned
Amendment 663 #
Proposal for a regulation Article 46 – paragraph 6 6. Any request made pursuant to paragraphs 1 and 2 shall contain the necessary information to identify the
Amendment 664 #
Proposal for a regulation Article 46 – paragraph 6 6. Any request made pursuant to paragraphs 1 and 2 shall contain the necessary information to identify the person concerned
Amendment 665 #
Proposal for a regulation Article 46 – paragraph 7 7. Whenever a person requests data relating to him in accordance with paragraph 2, the competent authority shall keep a record in the form of a written document that such a request was made and how it was addressed and by which authority and shall make that document available to the national supervisory authorities with
Amendment 666 #
Proposal for a regulation Article 48 – paragraph 1 1. In each Member State any person shall have the right to bring an action or a complaint before the competent authorities or courts of that Member State which refused the right of access to or the right of correction or deletion of data relating to him, provided for in Article 46. The right to bring such an action or complaint shall also apply in cases where requests for access, correction or deletion were not answered within the deadlines provided for in Article 46 or were never dealt with by the data controller.
Amendment 667 #
Proposal for a regulation Article 49 – paragraph 2 2. The supervisory authority shall ensure that an audit of the data processing operations in the National System is carried out in accordance with relevant international auditing standards at least every
Amendment 668 #
Proposal for a regulation Article 49 – paragraph 2 2. The supervisory authority shall ensure that an audit of the data processing operations in the National System is carried out in accordance with relevant international auditing standards at least every
Amendment 669 #
Proposal for a regulation Article 49 – paragraph 2 2. The supervisory authority shall ensure that an audit of the data processing operations in the National System is carried out in accordance with relevant international auditing standards at least
Amendment 670 #
Proposal for a regulation Article 49 – paragraph 3 3. Member States shall ensure that their independent supervisory authority has sufficient resources to fulfil the tasks entrusted to it under this Regulation.
Amendment 671 #
Proposal for a regulation Article 50 – paragraph 1 1. The European Data Protection Supervisor shall ensure that the personal data processing activities of eu-LISA concerning the EES are carried out in accordance with this Regulation. For those purposes, the European Data Protection Supervisor must have the necessary resources, including material resources and the necessary information.
Amendment 672 #
Proposal for a regulation Article 50 – paragraph 2 2. The European Data Protection Supervisor shall ensure that an audit of the Agency's personal data processing activities is carried out in accordance with relevant international auditing standards at least every
Amendment 673 #
Proposal for a regulation Article 50 – paragraph 2 2. The European Data Protection Supervisor shall ensure that an audit of the Agency's personal data processing activities is carried out in accordance with relevant international auditing standards at least
Amendment 674 #
Proposal for a regulation Article 50 – paragraph 3 a (new) 3a. The European Data Protection Supervisor shall be allocated the resources adequate and necessary for the fulfilment of the tasks entrusted to it under this Regulation.
Amendment 675 #
Proposal for a regulation Article 52 Amendment 676 #
Proposal for a regulation Article 53 – paragraph 1 1. Each Member State and Europol shall ensure that all data processing operations resulting from requests to access to EES data for the purposes laid down in Article 1(2), including the collection, alteration, disclosure, combination or erasure of, or access to, personal data, are logged or documented for the purposes of checking the admissibility of the request, monitoring the lawfulness of the data processing and data integrity and security, and self-monitoring.
Amendment 677 #
Proposal for a regulation Article 53 – paragraph 1 1. Each Member State
Amendment 678 #
Proposal for a regulation Article 53 – paragraph 2 – point a (a) the exact purpose of the request for access to EES data
Amendment 679 #
Proposal for a regulation Article 53 – paragraph 2 – point b Amendment 680 #
Proposal for a regulation Article 53 – paragraph 2 – point f Amendment 681 #
Proposal for a regulation Article 53 – paragraph 2 – point h (h) in accordance with national rules
Amendment 682 #
Proposal for a regulation Article 54 – paragraph 1 Convention implementing the Schengen Agreement 2. Paragraph 1 shall not affect each Contracting Party’s right to extend beyond 90 days an alien’s stay in its territory
Amendment 683 #
Proposal for a regulation Article 55 – paragraph 4 Regulation (EU) No 767/2008 Article 17 a – paragraph 3 – point e Amendment 684 #
Proposal for a regulation Article 55 – paragraph 5 Regulation (EU) No 767/2008 Article 18 – paragraph 6 Amendment 685 #
Proposal for a regulation Article 55 – paragraph 7 Regulation (EU) No 767/2008 Article 19 a – paragraph 5 Amendment 686 #
Proposal for a regulation Article 56 – paragraph 8 – point b Regulation (EU) No 1077/2011 Article 19 – paragraph 3 Amendment 687 #
Proposal for a regulation Article 57 – paragraph 1 – introductory part 1. The duly authorised staff of the competent authorities of Member States, the Commission
Amendment 688 #
Proposal for a regulation Article 57 – paragraph 1 – introductory part 1. The duly authorised staff of the competent authorities of Member States, the Commission, eu-LISA and Frontex shall have access to consult the following data, solely for the purposes of reporting and statistics without allowing for
Amendment 689 #
Proposal for a regulation Article 57 – paragraph 1 – point b (b) nationality
Amendment 690 #
Proposal for a regulation Article 57 – paragraph 1 – point b (b) nationality, gender and
Amendment 691 #
Proposal for a regulation Article 57 – paragraph 1 – point g (g) the three letter code of the Member State that issued the short or long stay visa, or the touring visa if applicable;
Amendment 692 #
Proposal for a regulation Article 57 – paragraph 1 – point g (g) the three letter code of the Member State that issued the short stay visa,
Amendment 693 #
Proposal for a regulation Article 57 – paragraph 1 – point h Amendment 694 #
Proposal for a regulation Article 57 – paragraph 1 – point h Amendment 695 #
Proposal for a regulation Article 57 – paragraph 1 – point i Amendment 696 #
Proposal for a regulation Article 57 – paragraph 1 – subparagraph 1 (new) In addition to the data referred to in points (a) to (h), Frontex shall also receive information about border crossing points and other passenger flow information, if necessary, to prepare vulnerability assessments and risk analyses.
Amendment 697 #
Proposal for a regulation Article 57 – paragraph 2 – subparagraph 1 For the purpose of paragraph 1, eu-LISA shall establish
Amendment 698 #
Proposal for a regulation Article 57 – paragraph 2 – subparagraph 1 For the purpose of paragraph 1, eu-LISA shall establish, implement and host a central repository in its technical sites containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics on the entries and exits, refusals of entry and overstay of third country nationals
Amendment 699 #
Proposal for a regulation Article 57 – paragraph 4 Amendment 700 #
Proposal for a regulation Article 57 – paragraph 4 4. Every quarter, eu-LISA shall publish statistics on the EES showing in particular the number, nationality, a
Amendment 701 #
Proposal for a regulation Article 57 – paragraph 4 4. Every quarter, eu-LISA shall publish statistics on the EES showing in particular the number, nationality and border crossing point of entry of overstayers
Amendment 702 #
Proposal for a regulation Article 57 – paragraph 6 6.
Amendment 703 #
Proposal for a regulation Article 58 – paragraph 1 1. The costs incurred in connection with the establishment and operation of the Central System, the Communication Infrastructure
Amendment 704 #
Proposal for a regulation Article 58 – paragraph 2 – subparagraph 2 – point g (g) the costs of half of the Automatic
Amendment 705 #
Proposal for a regulation Article 58 – paragraph 4 4. Each Member State
Amendment 706 #
Proposal for a regulation Article 59 – paragraph 4 Amendment 707 #
Proposal for a regulation Article 64 – paragraph 1 1. eu-LISA shall ensure that procedures are in place to monitor the development of the EES in light of objectives relating to planning and costs and to monitor the functioning of the EES in light of objectives relating to the technical output, cost-effectiveness, security and quality of service as well as facilitation of border checks.
Amendment 708 #
Proposal for a regulation Article 64 – paragraph 1 1. eu-LISA shall ensure that procedures are in place to monitor the development of the EES in light of objectives relating to planning and costs and to monitor the functioning of the EES in light of objectives relating to the technical output, cost-effectiveness, security, data protection and quality of service.
Amendment 709 #
1a. In line with the findings of the High Level Expert Group on Information Systems and Interoperability, the Commission may propose appropriate measures concerning, for example, the establishment of a Single Interface connecting the EES with the SIS, Interpol's Stolen and Lost Travel Documents ('SLTD') database and the Travel Documents Associated with Notices (TDAWN) and national databases. If it deems it appropriate, the Commission shall also propose respective measures establishing the possibility of real-time information checks between the EES and the European Travel Information and Authorisation System (ETIAS), Eurodac and the European Criminal Records Information System (ECRIS).
Amendment 710 #
Proposal for a regulation Article 64 – paragraph 2 2. By [Six months after the entry into force of this Regulation – OPOCE, please replace with the actual date] and every six months thereafter during the development phase of the EES, eu-LISA shall submit a report to the European Parliament
Amendment 711 #
Proposal for a regulation Article 64 – paragraph 4 4. Two years after the start of operations of the EES and every two years thereafter, eu-LISA shall submit to the European Parliament, the Council
Amendment 712 #
Proposal for a regulation Article 64 – paragraph 4 4.
Amendment 713 #
Proposal for a regulation Article 64 – paragraph 4 a (new) 4a. Two years after the start of operations of the EES, the Commission shall submit a report to Parliament and the Council on the operation of the system, including European citizens. That report shall be accompanied by technical, legal and financial recommendations arising from that inclusion.
Amendment 714 #
Proposal for a regulation Article 64 – paragraph 5 5. Three years after the start of operations of the EES and every four years thereafter, the Commission shall produce an overall evaluation of the EES. This overall evaluation shall include an examination of results achieved against objectives and the impact on fundamental rights, and assessing the continuing validity of the underlying rationale, the application of the Regulation, the security of the EES and any implications on future operations, and shall make any necessary
Amendment 715 #
Proposal for a regulation Article 64 – paragraph 5 5. T
Amendment 716 #
Proposal for a regulation Article 64 – paragraph 5 5.
Amendment 717 #
Proposal for a regulation Article 64 – paragraph 6 6. The Member States
Amendment 718 #
Amendment 719 #
Proposal for a regulation Article 64 – paragraph 8 – point e (e) - the number and type of cases which have ended in successful identifications and subsequent use of biometric data for law enforcement purposes;
Amendment 720 #
Proposal for a regulation Article 64 – paragraph 8 – point f – paragraph 1 a (new) the number of requests for corrections of data, the action subsequently taken and the number of corrections made in response to requests by the persons concerned
Amendment 721 #
Proposal for a regulation Article 65 – paragraph 1 1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. 2. By way of derogation from paragraph 1, Chapter IV shall apply from [two years after the entry into force of this Regulation] and only after an evaluation report has been presented to the Parliament and the Council showing its feasibility and necessity. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
source: PE-597.483
2017/01/17
LIBE
289 amendments...
Amendment 143 #
Draft legislative resolution Citation 1 a (new) – having regard to the Charter of Fundamental Rights of the European Union of 7 December 2000 (‘the Charter’),
Amendment 144 #
Draft legislative resolution Citation 1 b (new) – having regard to the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948,
Amendment 145 #
Draft legislative resolution Citation 1 c (new) – having regard to the 1951 UN Convention on the Status of Refugees (Geneva Convention) and its Protocol of 31 January 1967,
Amendment 146 #
Draft legislative resolution Citation 2 – having regard to Article 294(2) and Article
Amendment 147 #
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 148 #
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 149 #
Draft legislative resolution Paragraph 1 1.
Amendment 150 #
Draft legislative resolution Paragraph 1 1.
Amendment 151 #
Draft legislative resolution Paragraph 1 1.
Amendment 152 #
Draft legislative resolution Paragraph 1 a (new) 1a. Calls on the Commission to submit a new proposal which accords more fully with the initial aims of its communication of 18 February 2008 as regards facilitating the crossing of borders, whereas the present proposal seems to be concerned essentially with illegal crossing of borders and periods of stay within the territory which have exceeded the period initially intended, without taking account of the development of the international situation in terms of the need to receive refugees and the difficulties which the latter face in reaching the territory of the European Union under regular conditions; calls for the new proposal to take full account of respect, in particular, for the 1951 Geneva Convention;
Amendment 153 #
Draft legislative resolution Paragraph 2 2. Calls on the Commission to
Amendment 154 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing an 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
Amendment 155 #
Proposal for a regulation Citation 2 a (new) – having regard to the opinion of the European Data Protection Supervisor on the second set of ‘Smart Borders’ measures of the European Union (Opinion 06/2016),
Amendment 156 #
Proposal for a regulation Citation 2 b (new) – having regard to the inquiry by the EU Fundamental Rights Agency in the context of the pilot project of the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA) on ‘smart borders’,
Amendment 157 #
Proposal for a regulation Citation 2 c (new) – having regard to the letter from the Article 29 working group on the protection of personal data of 29 September 2016 and its Appendix (Ref. Ares (2016) 5658561),
Amendment 158 #
Proposal for a regulation Recital 1 (1) The Communication of the Commission of 13 February 2008 entitled 'preparing the next steps in border management in the European Union'20 outlined the need, as part of the European integrated border management strategy, to establish an Entry/Exit System (EES) which registers electronically the time and place of entry and exit of third country nationals admitted for a short stay to the
Amendment 159 #
Proposal for a regulation Recital 1 (1) The Communication of the Commission of 13 February 2008 entitled 'preparing the next steps in border management in the European Union'20
Amendment 160 #
Proposal for a regulation Recital 1 (1) The Communication of the Commission of 13 February 2008 entitled 'preparing the next steps in border management in the European Union'20 outlined the need, as part of the European integrated border management strategy, to establish an Entry/Exit System (EES) which registers electronically the time and place of entry and exit of third country nationals admitted for a short stay to the
Amendment 161 #
Proposal for a regulation Recital 2 (2) The European Council of 19 and 20 June 2008 underlined the importance of continuing to work on the development of
Amendment 162 #
Proposal for a regulation Recital 6 (6) The Communication of the Commission of 13 May 2015 entitled “A European agenda on migration” noted that "a new phase would come with the “Smart Borders” initiative to increase the efficiency of border crossings, facilitating crossings for the large majority of
Amendment 163 #
Proposal for a regulation Recital 6 (6) The Communication of the
Amendment 164 #
Proposal for a regulation Recital 6 a (new) (6a) Following the example of many other countries, such as the USA, Canada or Australia, all third-country nationals travelling to the Union or leaving the Union should be electronically registered at the Union's external borders. In this way, border crossings can be carried out more swiftly for regular travellers, suspects can be sorted out before accessing the Union, the duration of authorised stays can be calculated more reliably and compliance with the authorised period of a stay can be monitored more effectively.
Amendment 165 #
(6a) A system should be introduced to improve external border management, in particular the monitoring of compliance with authorised periods of admittance to the area of freedom, security and justice, by recording electronically the date and place of entry and exit of third country nationals granted short-stay admittance and calculating the period of time they are authorised to remain.
Amendment 166 #
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 Union's data management architecture for border control and security.
Amendment 167 #
Proposal for a regulation Recital 7 (7) It is necessary to specify the
Amendment 168 #
Proposal for a regulation Recital 7 (7) It is necessary to specify clearly and from the outset the objectives of the Entry/Exit System (EES) and its technical architecture, to lay down rules concerning its operation and
Amendment 169 #
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
Amendment 170 #
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 and use and to define responsibilities for the system, the categories of data to be entered into the system, the purposes for which the data are to be entered, the criteria for their entry, the authorities authorised to access the data, the conditions for accessing the data and further rules on data processing and the protection of personal data.
Amendment 171 #
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 and use and to define responsibilities for the system, the categories of data to be entered into the system, the purposes for which the data are to be entered, the criteria for their entry, the authorities authorised to access the data and further rules on data processing
Amendment 172 #
Proposal for a regulation Recital 8 (8) The EES should apply to all third country nationals admitted for a short stay to the Schengen area. It should also apply to third country nationals whose entry for a short stay has been refused and their details should be also made available for further processing with a view to averting any possible danger.
Amendment 173 #
Proposal for a regulation Recital 8 (8) The EES should apply to third- country nationals admitted for a short stay to the
Amendment 174 #
Proposal for a regulation Recital 8 (8) The EES should apply to third country nationals admitted for a short stay to the Schengen area.
Amendment 175 #
Proposal for a regulation Recital 8 (8) The EES should apply to third- country nationals admitted for a short stay to the
Amendment 176 #
Proposal for a regulation Recital 8 (8) The EES should apply to third country nationals, whether or not they hold a visa, admitted for a short or long stay to the Schengen area. It should also apply to third country nationals whose entry for a short or long stay has been refused.
Amendment 177 #
Proposal for a regulation Recital 8 (8) The EES should apply to third country nationals admitted for a short stay to the Schengen area.
Amendment 178 #
Proposal for a regulation Recital 8 (8) The EES should apply to third country nationals admitted for a short stay to the Schengen area or, ultimately, for a stay on the basis of a touring visa. It should also apply to third country nationals whose entry for a short stay has been refused.
Amendment 179 #
Proposal for a regulation Recital 8 (8) The EES should apply to all third country nationals
Amendment 180 #
Proposal for a regulation Recital 8 (8) The EES should apply to third country nationals admitted
Amendment 181 #
Proposal for a regulation Recital 8 a (new) (8a) For the purpose of verifying compliance with the limit of no more than 90 days in any 180-day period for intended stays on the territory of the Member States, the automated calculator included in the EES should take into account all the stays in the territory of the EU Member States, regardless of their nature and legal basis. The automated calculator should also take into account stays spent on the basis of Schengen short stay visas, short stay visas issued by a Members State not yet fully applying the Schengen acquis and stays of third- country nationals exempt from the visa obligation. In particular, with the exception of the initial period of stay, all extensions granted in accordance with Article 20(2) of the Convention Implementing the Schengen Agreement should be taken into account.
Amendment 182 #
(8a) For the purpose of verifying compliance with the limit of no more than 90 days in any 180-day period for intended stays on the territory of the Member States, the automated calculator included in the EES should take into account all the stays on the basis of short stay visas or on the basis of a touring visa, including short stay visas issued by a Member State not yet fully applying the Schengen acquis, also taking into account stays in a Member State not yet fully applying the Schengen acquis.
Amendment 183 #
Proposal for a regulation Recital 8 a (new) Amendment 184 #
Proposal for a regulation Recital 9 (9) The EES should have the objective of improving the management of external borders,
Amendment 185 #
Proposal for a regulation Recital 9 (9) The EES should have
Amendment 186 #
Proposal for a regulation Recital 9 (9) The EES should have the objective of improving the management of external borders
Amendment 187 #
Proposal for a regulation Recital 9 (9) The EES should have the objective of improving the management of external borders, preventing irregular immigration and facilitating the management of migration flows. The EES should, in particular and when relevant, contribute to the identification of any person who does not or no longer fulfils the conditions of duration of stay within the territory of the Member States without hampering the flow of travellers and without prejudice to treaty provisions governing the free movement of Union citizens.
Amendment 188 #
Proposal for a regulation Recital 9 (9) The EES should have the objective of improving the management of external borders, preventing and limiting irregular immigration and facilitating the management of legal migration flows. The EES should
Amendment 189 #
Proposal for a regulation Recital 9 (9) The EES should have the objective of
Amendment 190 #
Proposal for a regulation Recital 9 (9) The EES should have the objective of improving the management of external borders
Amendment 191 #
Proposal for a regulation Recital 10 (10) To meet those objectives, the EES should process alphanumeric data
Amendment 192 #
Proposal for a regulation Recital 10 (10) To meet those objectives, the EES should process alphanumeric data and biometric data (
Amendment 193 #
Proposal for a regulation Recital 10 (10)
Amendment 194 #
Proposal for a regulation Recital 10 (10) To meet those objectives, the EES should process alphanumeric data and biometric data (fingerprints and facial image). The use of biometrics, despite its
Amendment 195 #
Proposal for a regulation Recital 10 a (new) (10a) As a result of the adoption of Regulation (EU) 2016/679 of the European Parliament and of the Council1a and Directive (EU) 2016/680 of the European Parliament and of the Council1b , all types of biometric data will, from May 2018, be treated as a special category of personal data and consequently such data should be used only in situations which are exceptional and clearly defined by legislation, taking account of the principles of necessity, proportionality, specific purpose and respect for individual rights; _________________ 1aRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 1b Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
Amendment 196 #
Proposal for a regulation Recital 10 b (new) (10b) Biometric data are already being used for border control, visa policy and asylum procedures, and are therefore already stored in databases such as EURODAC, VIS, etc. The introduction of any new system for gathering, processing and storing biometric data in connection with the EES therefore necessitates a detailed assessment of existing systems and a convincing analysis of the need to add extra tools for data gathering, including by adding further biometric identifiers. At all events, any interconnection between different types of files must not jeopardise the fundamental rights of the persons concerned, with particular reference to the right of entry to territory for persons exempt from visa requirements, and should include the period of storage of data specific to each of the data-gathering systems installed in order to take into account the principles of specific purpose and necessity proper to each system;
Amendment 197 #
Proposal for a regulation Recital 11 Amendment 198 #
Proposal for a regulation Recital 11 (11)
Amendment 199 #
Proposal for a regulation Recital 11 (11) Four fingerprints of visa exempt third country nationals should be enrolled in the EES, if physically possible, to allow for accurate verification and identification (ensuring that the third country national is not already enrolled under another identity or with another travel document) and to guarantee that sufficient data is available in every circumstance. The check of the fingerprints of visa holders will be done against the Visa Information System. (VIS) established by Council Decision 2004/512/EC21. The facial image of both visa exempt and visa holding third country nationals should be registered in the EES and it should be used as the main biometric identifier for verifying the identity of third country nationals who have been previously registered in the EES and for as long as their individual file has not been deleted. Alternatively, that verification should be performed using fingerprints. The recording of additional biometric data must in future be reconsidered as a possibility. _________________ 21 Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004, p.5).
Amendment 200 #
Proposal for a regulation Recital 11 (11) Four fingerprints of visa exempt third country nationals should be enrolled in the EES, if physically possible, to allow for accurate verification and identification (ensuring that the third country national is not already enrolled under another identity or with another travel document) and to guarantee that sufficient data is available in every circumstance. The check of the fingerprints of visa holders will be done against the Visa Information System. (VIS) established by Council Decision 2004/512/EC21. The facial image of both visa exempt and visa holding third country nationals should be registered in the EES and it should be used as the main biometric identifier for verifying the identity of third country nationals who have been previously registered in the EES and for as long as their individual file has not been deleted. Alternatively, that verification should be performed using fingerprints. This should be done without prejudice to human dignity. _________________ 21 Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004, p.5).
Amendment 201 #
Proposal for a regulation Recital 11 (11) Four fingerprints and the facial image of visa exempt third country nationals should be enrolled in the EES, if physically possible, to allow
Amendment 202 #
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
Amendment 203 #
Proposal for a regulation Recital 12 (12) The
Amendment 204 #
Proposal for a regulation Recital 12 (12) The EES should consist of a Central System, which will operate a computerised central database
Amendment 205 #
Proposal for a regulation Recital 12 a (new) (12a) Interoperability should be established between the EES and the national Advance Passenger Information systems established in each Member State in accordance with Council Directive 2004/82/EC1a. _________________ 1aCouncil Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data (OJ L 261, 6.8.2004, p. 24).
Amendment 206 #
Proposal for a regulation Recital 12 b (new) (12b) Carriers should be informed whether or not third-country nationals holding a single or double entry visa have already used the visa through an OK/NOT OK answer conveyed through the Customs Response Message (CUSRES) in the interactive Advance Passenger Information (API) system. The Commission should comply with the standards and recommended practices laid down in Annex 9 to the Convention on International Civil Aviation signed on 7 December 1944 in order to ensure that the EES is compatible with established API systems.
Amendment 207 #
Proposal for a regulation Recital 13 Amendment 208 #
Proposal for a regulation Recital 13 (13) Interoperability should be established between the EES and the VIS by way of a direct communication channel between the Central Systems to enable the border authorities using the EES to consult
Amendment 209 #
Proposal for a regulation Recital 13 a (new) (13a) For each individual crossing of the external borders of the Union, border guards should, in accordance with Regulation (EU) 2016/399 of the European Parliament and of the Council1a, carry out mandatory information checks against Union and national databases, including the Schengen Information System (SIS). Member States should also ensure an electronic connection to Interpol's Stolen and Lost Travel Documents (SLTD) database at external border crossing points. The necessity and technical feasibility of creating a Single Interface Platform or another Secure Communication Channel between the EES and the SIS, relevant Interpol databases and national databases should be explored by the High Level Expert Group on Information Systems and Interoperability. _________________ 1aRegulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).
Amendment 210 #
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, in accordance with Article 11a, of the data of persons having exceeded the authorised period of stay.
Amendment 211 #
Proposal for a regulation Recital 13 a (new) (13a) Technological solutions should be developed to ensure interoperability between the EES and other existing databases, such as the SIS, Eurodac, and Europol databases, in order to enhance effective cooperation among the Member States in the management of external borders and the combatting of serious crime.
Amendment 212 #
Proposal for a regulation Recital 13 a (new) Amendment 213 #
Proposal for a regulation Recital 13 b (new) (13b) Interoperability should be ensured between the EES and the ETIAS information system by means of a direct communication channel between the central systems to enable border authorities using the EES to consult the ETIAS Central System, for the sole purpose of verifying that a visa-exempt third country national has valid travel authorisation as provided for in Regulation (EU) 2017/XXX establishing a European travel information and authorisation system. Interoperability should also enable the ETIAS Central System to access EES data for the purpose of checking, in accordance with Article 18(g) and (h) of Regulation (EU) 2017/XXX, whether a person requesting authorisation to travel is not, and has not been, reported as an overstayer or whether the person has been denied permission to enter the Schengen area.
Amendment 214 #
Proposal for a regulation Recital 13 b (new) (13b) Member States should ensure that border guards have access to the relevant Interpol, national and Union databases, including the SIS. They should also ensure that border guards make full use of their right to access those databases when registering travellers from third countries coming to or leaving the territory of the Union.
Amendment 215 #
Proposal for a regulation Recital 13 c (new) (13c) Once the European Travel Information and Authorisation System (ETIAS), European Criminal Records Information System (ECRIS) and Eurodac databases have been revised or established, the technical feasibility of creating an interoperability between the EES and those databases should be explored. This interoperability should enable real-time checks and information comparison between the EES Central System and those databases in order to enable the border and law enforcement authorities using the EES to identify potentially dangerous suspects and to detect identity fraud at an early stage.
Amendment 216 #
Proposal for a regulation Recital 14 (14) This Regulation should define the authorities of the Member States which may be authorised to have access to the EES to enter, amend, delete or consult data for the specific purposes of the EES and to the extent necessary for the performance of their tasks. This Regulation should also facilitate joint data processing following justification and approval in the public interest, over and above specific TEU objectives.
Amendment 217 #
Proposal for a regulation Recital 14 (14) This Regulation should strictly define the authorities of the Member States which may be authorised to have access to the EES to enter, amend, delete or consult data for the specific purposes of the EES
Amendment 218 #
Proposal for a regulation Recital 14 (14) This Regulation should define the authorities of the Member States which may be authorised to have access to the EES to enter, amend, delete or consult data for the specific purposes of the EES and to the extent necessary for the performance of their tasks, as well as the conditions under which they may be so authorised.
Amendment 219 #
Proposal for a regulation Recital 14 a (new) (14a) This regulation should define an independent supervisory authority which will be responsible for monitoring all requests for access to EES information made by any authority which has access to the system, particularly the central access points and the operational units of the authorities designated by Member States;
Amendment 220 #
Proposal for a regulation Recital 15 (15) Any processing of EES data should be proportionate to the objectives pursued and necessary for the performance of tasks of the competent authorities
Amendment 221 #
Proposal for a regulation Recital 15 (15) Any processing of EES data should be proportionate to the objectives pursued and necessary for the performance of tasks of the competent authorities. When using the EES, the competent authorities should ensure that the human dignity and integrity of the person, whose data are requested, are respected and should not discriminate against persons
Amendment 222 #
Proposal for a regulation Recital 15 (15) Any processing of EES data should be proportionate to the objectives pursued and necessary for the performance of tasks of the competent authorities. When using the EES, the competent authorities should ensure that the human dignity and integrity of the person, whose data are requested, are respected and should not discriminate against persons on grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender expression, gender identity or
Amendment 223 #
Proposal for a regulation Recital 15 (15) Any processing of EES data should be proportionate to the objectives pursued and necessary for the performance of tasks of the competent authorities. When using the EES, the competent authorities should ensure that the human dignity and integrity of the person, whose data are requested, are respected and should not discriminate against persons on grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.
Amendment 224 #
Proposal for a regulation Recital 16 Amendment 225 #
Proposal for a regulation Recital 16 (16)
Amendment 226 #
Proposal for a regulation Recital 16 (16)
Amendment 227 #
Proposal for a regulation Recital 16 (16) In the fight against terrorist offences and other serious criminal offences, it is imperative that law enforcement authorities have the most up- to-date information if they are to perform their tasks. Access to VIS data for law enforcement purpose has already proven its usefulness in identifying people who died violently or for helping investigators to make substantial progress in cases related
Amendment 228 #
Proposal for a regulation Recital 16 (16) In the fight against terrorist offences and other serious criminal offences, it is imperative that law enforcement authorities have the most up- to-date information if they are to perform their tasks. Access to VIS data for law enforcement purpose has already proven its usefulness in identifying people who died violently or for helping investigators to make substantial progress in cases related to human being trafficking, terrorism or drug trafficking. Access to the information contained in the EES is necessary to prevent, detect and investigate terrorist offences as referred to in Council Framework Decision 2002/475/JHA23 or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA24. The data generated by the EES may be used as an identity verification tool both in cases where the third country national has destroyed his/her documents and where law enforcement authorities are investigating a crime through the use of fingerprints or facial image and wish to establish an identity. It may also be used as a criminal intelligence tool to construct evidence by tracking the travel routes of a person suspected of having committed a crime or a victim of crime, and the history of the travel concerned. Therefore, the data in the EES should be available, to the designated authorities of the Member States and the European Police Office ('Europol'), subject to the conditions set out in this Regulation. _________________ 23 Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p. 6). 24 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member State (OJ L
Amendment 229 #
Proposal for a regulation Recital 16 (16) In the fight against terrorist offences and other serious criminal offences, it is imperative that
Amendment 230 #
Proposal for a regulation Recital 16 (16) In the fight against terrorist offences and other serious criminal offences, it is imperative that law enforcement authorities have
Amendment 231 #
Proposal for a regulation Recital 17 Amendment 232 #
Proposal for a regulation Recital 17 (17) Moreover, Europol plays a key role with respect to cooperation between Member States’ authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation.
Amendment 233 #
Proposal for a regulation Recital 17 (17) Moreover, Europol plays a key role with respect to cooperation between Member States’ authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. Consequently, Europol should, as for the VIS and SIS, also have direct access to the EES within the framework of its tasks and in accordance with Council Decision 2009/371/JHA25. _________________ 25 Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).
Amendment 234 #
Proposal for a regulation Recital 17 (17) Moreover, Europol plays a key role with respect to cooperation between Member States’ authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. Consequently, Europol should also have access to the EES within the framework of its tasks and in accordance with
Amendment 235 #
Proposal for a regulation Recital 17 (17)
Amendment 236 #
Proposal for a regulation Recital 17 (17) Moreover, Europol should play
Amendment 237 #
Proposal for a regulation Recital 18 Amendment 238 #
Proposal for a regulation Recital 18 (18) Access to the EES for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences constitutes an interference with the fundamental rights to respect for the private life of individuals and to protection of personal data of persons whose personal data are processed in the EES. Any such interference must be in accordance with the law,
Amendment 239 #
Proposal for a regulation Recital 18 (18) Access to the EES for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences constitutes an interference with the fundamental rights to respect for the private life of individuals and to protection of personal data of persons whose personal data are processed in the EES. Any such interference must be in accordance with the law, which must be formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise. Any unlawful use of the system should be sanctioned. Any interference must be necessary in a democratic society to protect a legitimate and proportionate interest and proportionate to the legitimate objective to achieve.
Amendment 240 #
Proposal for a regulation Recital 18 (18) Access to the EES for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal
Amendment 241 #
Proposal for a regulation Recital 19 Amendment 242 #
Proposal for a regulation Recital 19 (19)
Amendment 243 #
Proposal for a regulation Recital 19 (19) Comparisons of data on the basis of a latent fingerprint, which is the dactyloscopic trace which may be found at a crime scene, is fundamental in the field of police cooperation. The possibility to compare a latent fingerprint with the fingerprint data which is stored in the EES
Amendment 244 #
Proposal for a regulation Recital 19 a (new) Amendment 245 #
Proposal for a regulation Recital 20 Amendment 246 #
Proposal for a regulation Recital 20 (20) It is necessary to designate the competent authorities of the Member States as well as the central access point through which the requests for access to EES data are made and to keep a list of the operating units within the designated authorities that are authorised to request such access for the specific purposes for the prevention, detection or investigation of terrorist
Amendment 247 #
Proposal for a regulation Recital 21 Amendment 248 #
(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 duly 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 independently of the designated authorities and should be responsible for ensuring, in an independent manner, strict compliance with the conditions for access as established in this Regulation. In exceptional cases of urgency, where early access is necessary to respond to a specific and actual threat related to terrorist offences or other serious criminal offences, the central access point should be able to process the request immediately and
Amendment 249 #
Proposal for a regulation Recital 22 Amendment 250 #
Proposal for a regulation Recital 22 (22) To protect personal data and to exclude systematic searches, the processing of EES data should only take place in
Amendment 251 #
Proposal for a regulation Recital 23 Amendment 252 #
Proposal for a regulation Recital 23 (23) In addition, access to the EES for identification of unknown suspects, perpetrators or victims of terrorist offences or other serious criminal offences should be allowed only on the condition that searches with the national fingerprint databases of the Member State
Amendment 253 #
Proposal for a regulation Recital 23 (23) In addition, access to the EES for identification of unknown suspects
Amendment 254 #
Proposal for a regulation Recital 24 Amendment 255 #
Proposal for a regulation Recital 24 a (new) (24a) Access to data contained in the EES should in no circumstances be used by Member States as a ground to circumvent their international obligations under the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967, and should not be used to deny asylum seekers safe and effective legal avenues to Union territory to exercise their right to international protection.
Amendment 256 #
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 five years for border management purposes
Amendment 257 #
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
Amendment 258 #
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 259 #
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
Amendment 260 #
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 261 #
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 262 #
Proposal for a regulation Recital 25 (25) The personal data stored in the EES should be kept for no longer than
Amendment 263 #
Proposal for a regulation Recital 26 Amendment 264 #
Proposal for a regulation Recital 26 (26)
Amendment 265 #
Proposal for a regulation Recital 26 (26) A
Amendment 266 #
Proposal for a regulation Recital 26 (26) A
Amendment 267 #
Proposal for a regulation Recital 26 (26) A five year data retention period is necessary to allow the border guard performing the necessary risk analysis requested by the Schengen Borders Code before authorising a traveller entering the
Amendment 268 #
Proposal for a regulation Recital 26 (26) A
Amendment 269 #
Proposal for a regulation Recital 26 (26) A
Amendment 270 #
Proposal for a regulation Recital 26 (26) A five year data retention period is
Amendment 271 #
Proposal for a regulation Recital 26 (26) A five year data retention period is necessary to allow the border guard performing the necessary risk analysis requested by the Schengen Borders Code before authorising a traveller entering the
Amendment 272 #
Proposal for a regulation Recital 27 Amendment 273 #
Proposal for a regulation Recital 27 (27) The same retention period of
Amendment 274 #
Proposal for a regulation Recital 27 (27) The same retention period of
Amendment 275 #
Proposal for a regulation Recital 27 (27) The
Amendment 276 #
Proposal for a regulation Recital 27 (27) The same retention period of
Amendment 277 #
Proposal for a regulation Recital 27 (27) The same retention period of five years would be necessary for data on persons who have not exited the territory of the Member States within the authorised period of stay in order to support the identification and return process and for persons whose entry for a short stay {or on the basis of a touring visa} has been refused. The data should be deleted after the period of five years
Amendment 278 #
Proposal for a regulation Recital 27 (27)
Amendment 279 #
Proposal for a regulation Recital 28 (28) Precise rules should be laid down as regards the responsibilities for the development and operation of the EES and the responsibilities of the Member States for the connection to the EES. Member States should be able to use resources available through their national programmes under the Internal Security Fund for the development and operation of the EES at national level. The Agency for the operational management of large- scale information systems in the area of freedom, security and justice, established by Regulation (EU) No 1077/2011 of the European Parliament and of the Council28, should be responsible for the development and operational management of a centralised EES in accordance with this Regulation and the relevant provisions of Regulation (EU) No 1077/2011 should be amended accordingly. _________________ 28 Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of
Amendment 280 #
Proposal for a regulation Recital 29 Amendment 281 #
Proposal for a regulation Recital 29 (29)
Amendment 282 #
Proposal for a regulation Recital 29 a (new) (29a) Carriers should be informed whether or not third-country nationals who are about to use their travelling services and hold a single or double entry visa have already used the visa through an OK/NOT OK answer conveyed through the Customs Response Message (CUSRES) in the interactive Advance Passenger Information (API) system. The Commission should comply with the standards and recommended practices laid down in Annex 9 to the Convention on International Civil Aviation signed on 7 December 1944 in order to ensure that the EES is compatible with established API systems..
Amendment 283 #
Proposal for a regulation Recital 30 (30) Directive 95/46/EC of the European Parliament and of the Council29 applies to the processing of personal data by the Member States in application of this Regulation unless such processing is
Amendment 284 #
Proposal for a regulation Recital 31 Amendment 285 #
Proposal for a regulation Recital 31 (31) The processing of personal data by the authorities of the Member States for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences pursuant to this Regulation should be subject to protection of the personal privacy of Union citizens and a standard of protection of personal data under their national law which complies with Council Framework Decision 2008/977/JHA30. _________________ 30 Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial co- operation in criminal matters (OJ L 350, 30.12.2008, p. 60).
Amendment 286 #
Proposal for a regulation Recital 31 (31) The processing of personal data by the authorities of the Member States for the purposes of the prevention, detection
Amendment 287 #
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 288 #
Proposal for a regulation Recital 32 (32) Personal data obtained by Member
Amendment 289 #
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
Amendment 290 #
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 291 #
Proposal for a regulation Recital 34 (34) The independent supervisory authorities established in accordance with Article 28 of Directive 95/46/EC should monitor the lawfulness of the processing of personal data by the Member States, whilst the European Data Protection Supervisor as established by Regulation (EC) No 45/2001 should monitor the activities of the Union institutions and bodies in relation to the processing of personal data. The European Data Protection Supervisor and the supervisory authorities should
Amendment 292 #
Proposal for a regulation Recital 35 Amendment 293 #
Proposal for a regulation Recital 36 (36) "(...) The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 and delivered an opinion on
Amendment 294 #
Proposal for a regulation Recital 37 (37) The proposal establishes strict access rules to the EES system and the necessary safeguards
Amendment 295 #
Proposal for a regulation Recital 38 (38) The effective monitoring of the application of this Regulation requires evaluation at regular intervals
Amendment 296 #
Proposal for a regulation Recital 38 (38) The effective monitoring of the application of this Regulation requires periodic evaluation
Amendment 297 #
Proposal for a regulation Recital 39 (39) In order to ensure uniform conditions for the implementation of this Regulation, certain implementing powers should be conferred on the Commission in line with the principle of proportionality. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council32. _________________ 32 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 298 #
Proposal for a regulation Recital 40 (40) The establishment of a common EES and the creation of common obligations, conditions and procedures for use of data can
Amendment 299 #
Proposal for a regulation Recital 41 (41) Following the entry into operation of the Entry/Exit System, Article 20(2) of the Convention implementing the Schengen Agreement should be amended as it is incompatible with Article 77(2)(a) and (c) of the Treaty on Functioning of the European Union due to the fact that the common policy on visas cannot generally be based on the existence or non-existence of bilateral visa waiver agreements concluded by Member States and the authorised length of stay of third country nationals should not depend on the number and content of such bilateral agreements.
Amendment 300 #
Proposal for a regulation Recital 41 a (new) (41a) After the EES system becomes operational, the Commission should examine technical, financial and legal arrangements to extend the scope of this regulation to European citizens. A report should be submitted to Parliament and the Council no later than two years after the implementation of the system.
Amendment 301 #
Proposal for a regulation Recital 42 (42) The projected costs of the EES are lower than the budget earmarked for Smart Borders in Regulation (EU) 515/2014 of the European Parliament and the Council33. Accordingly, following the adoption of this Regulation, pursuant to Article 5(5)(b) of Regulation (EU) 515/2014, the Commission should, by means of a delegated act, re-allocate to other measures related to the prevention, combating and management of illegal immigration the amount currently earmarked for developing IT systems supporting the management of migration flows across the external borders. _________________ 33 Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing as part of the
Amendment 302 #
Proposal for a regulation Recital 42 (42) The projected costs of the EES are lower than the budget earmarked for Smart Borders in Regulation (EU) 515/2014 of the European Parliament and the Council33. Accordingly, following the adoption of this Regulation, pursuant to Article 5(5)(b) of Regulation (EU) 515/2014, the Commission should, by means of a delegated act, re-allocate the amount currently attributed for developing IT systems supporting the management of migration
Amendment 303 #
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.
Amendment 304 #
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.
Amendment 305 #
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 306 #
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 yet fully applying the Schengen acquis in accordance with their respective Acts of Accession should
Amendment 307 #
Proposal for a regulation Recital 44 (44) This Regulation is without prejudice to the application of Dire
Amendment 308 #
Proposal for a regulation Recital 51 (51)
Amendment 309 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation establishes an 'Entry/Exit System' (EES), without prejudice to the fundamental rights of citizens of the Union as regards free movement of persons, for the recording and storage of information on the date, time and place of entry and exit of third country nationals crossing the external borders of the Member States, for the calculation of the duration of their stay, and for the generation of alerts to Member States when authorised periods for stay have expired as well as for the recording of the date, time and place of refusal of entry of third country nationals whose entry for a short stay or on the basis of a touring visa has been refused as well as the authority of the Member State which refused the entry and the reasons for the refusal.
Amendment 310 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation establishes an 'Entry/Exit System' (EES)
Amendment 311 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation establishes an 'Entry/Exit System' (EES) for the recording and storage of information on the date, time and place of entry and exit of third country nationals crossing the external borders of the Member States, for the calculation of the duration of their stay,
Amendment 312 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation establishes an 'Entry/Exit System' (EES) for the recording and storage of information on the date, time, means and place of entry and exit of third country nationals crossing the external borders of the Member States, for the calculation of the duration of their stay, and for the generation of alerts to Member States
Amendment 313 #
Proposal for a regulation Article 1 – paragraph 2 Amendment 314 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation also lays down in its Chapter IV the
Amendment 315 #
Proposal for a regulation Article 1 – paragraph 2 2.
Amendment 316 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies to third country nationals admitted for a short stay
Amendment 317 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies to third country nationals admitted for a short stay {or on the basis of a touring visa} in the territory of the Member States subject to border checks in accordance with Regulation (EU) 2016/399 when crossing the external borders of the Member States. When entering and exiting the territory of the Member States, it also applies to third country nationals who are family members of a Union citizen to whom Directive 2004/38/EC applies
Amendment 318 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies to third country nationals admitted for a short or long stay or on the basis of a touring visa in the territory of the Member States subject to border checks in accordance with Regulation (EU) 2016/399 when crossing the external borders of the Member States.
Amendment 319 #
Proposal for a regulation Article 2 – paragraph 2 2. This Regulation also applies to third country nationals whose entry for a short stay
Amendment 320 #
Proposal for a regulation Article 2 – paragraph 2 2. This Regulation also applies to third country nationals whose entry for a short or long stay or on the basis of a touring visa to the territories of the Member States is refused in accordance with Article 14 of Regulation (EU) 2016/399.
Amendment 321 #
Proposal for a regulation Article 2 – paragraph 3 – point a Amendment 322 #
Proposal for a regulation Article 2 – paragraph 3 – point a Amendment 323 #
Proposal for a regulation Article 2 – paragraph 3 – point b Amendment 324 #
Proposal for a regulation Article 2 – paragraph 3 – point b Amendment 325 #
Proposal for a regulation Article 2 – paragraph 3 – point b Amendment 326 #
Proposal for a regulation Article 2 – paragraph 3 – point b a (new) (ba) minors under 16 years of age;
Amendment 327 #
Proposal for a regulation Article 2 – paragraph 3 – point c Amendment 328 #
Proposal for a regulation Article 2 – paragraph 3 – point c Amendment 329 #
Proposal for a regulation Article 2 – paragraph 3 – point c Amendment 330 #
Proposal for a regulation Article 2 – paragraph 3 – point d Amendment 331 #
Proposal for a regulation Article 2 – paragraph 3 – point d Amendment 332 #
Proposal for a regulation Article 2 – paragraph 3 – point d Amendment 333 #
Proposal for a regulation Article 2 – paragraph 3 – point d a (new) (da) persons seeking international protection;
Amendment 334 #
Proposal for a regulation Article 2 – paragraph 4 Amendment 335 #
Proposal for a regulation Article 2 – paragraph 4 Amendment 336 #
Proposal for a regulation Article 3 – paragraph 1 – point 7 a (new) (7a) ‘long stay’ means stays in the territory of a Member State of a duration of more than 90 days;
Amendment 337 #
Proposal for a regulation Article 3 – paragraph 1 – point 8 (8) ‘short stay visa’ means an authorisation issued by a Member State with a view to an intended stay on the territory of the Member States of a duration of no more than 90 days in any 180 day period
Amendment 338 #
Proposal for a regulation Article 3 – paragraph 1 – point 8 a (new) (8a) ‘long stay visa’ means an authorisation issued by a Member State with a view to a stay of more than 90 days but no longer than one year;
Amendment 339 #
Proposal for a regulation Article 3 – paragraph 1 – point 9 Amendment 340 #
Proposal for a regulation Article 3 – paragraph 1 – point 9 (9) ‘touring visa’ means an authorisation issued by a Member State with a view to an intended stay in the territory of two or more Member States for a duration of
Amendment 341 #
Proposal for a regulation Article 3 – paragraph 1 – point 15 Amendment 342 #
Proposal for a regulation Article 3 – paragraph 1 – point 17 (17)
Amendment 343 #
Proposal for a regulation Article 3 – paragraph 1 – point 20 (20) 'Frontex' means the European
Amendment 344 #
Proposal for a regulation Article 3 – paragraph 1 – point 21 (21) 'independent supervisory authority' means the supervisory authorities established in accordance with Article 28 of Directive 95/46/EC;
Amendment 345 #
Proposal for a regulation Article 3 – paragraph 1 – point 22 Amendment 346 #
Proposal for a regulation Article 3 – paragraph 1 – point 23 Amendment 347 #
Proposal for a regulation Article 3 – paragraph 1 – point 25 Amendment 348 #
Proposal for a regulation Article 3 – paragraph 1 – point 26 Amendment 349 #
Proposal for a regulation Article 3 – paragraph 1 – point 27 Amendment 350 #
Proposal for a regulation Article 3 – paragraph 3 Amendment 351 #
Proposal for a regulation Article 3 a (new) Article 3a Use of the EES at the external borders of the Union 1. The EES shall be deployed at the external borders of the Member States. 2. Member States applying the Schengen acquis in full shall use the EES when carrying out border checks at border crossing points and at internal borders between those Member States and Member States not yet applying the Schengen acquis in full. 3. Member States not yet applying the Schengen acquis in full shall introduce the EES at: (a) airports where border checks are carried out on flights to and from a third country; (b) river ports and sea ports where border checks are carried out on vessels navigating between such ports and ports situated in a third country. 4. During the border checks at the internal borders referred to in paragraph 2, Member States applying the Schengen acquis in full shall: (a) create an individual file of holders of a resident permit or a long-stay visa issued by a Member State not yet applying the Schengen acquis in full and shall create an entry/exit record; (b) add the data provided for in points (d) or (e) of Article 14(1) to the last relevant entry/exit record of third-country nationals subject to a visa requirement created by a Member State not yet applying the Schengen acquis in full. Additional data provided for in points (a), (b) and (c) of Article 14(1) and points (a) and (b) of Article 14(3) shall be entered during the border checks at the internal borders referred to in paragraph 2 for the purposes of calculating the authorised stay based on the visa on the territory of Member States applying the Schengen acquis in full.
Amendment 352 #
Article 3a Use of the EES at external borders 1. The EES shall be introduced at all external borders of the Member States. 2. The EES shall not be introduced at internal borders between Member States not yet applying the Schengen acquis in full and Member States applying the Schengen acquis in full.
Amendment 353 #
Proposal for a regulation Article 4 – paragraph 1 The Agency for the operational management of large-scale information systems in the area of freedom, security and justice ('eu-LISA') shall develop the EES and ensure its operational management, including the functionalities for processing biometric data referred to in Article 14(1)(f) and Article 15, as well as adequate security.
Amendment 354 #
Proposal for a regulation Article 4 – paragraph 1 The Agency for the operational management of large-scale information systems in the area of freedom, security and justice ('eu-LISA') shall develop the EES and ensure its operational management, including the functionalities for processing biometric data referred to in Article 14(1)(f)
Amendment 355 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part Amendment 356 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part By recording, storing and providing access to Member States to the date, time, means and
Amendment 357 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) enhance the efficiency of border checks by calculating and monitoring the duration of the authorised stay at entry and exit of third country nationals admitted for a short stay {or on the basis of a touring visa} in the Union;
Amendment 358 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) enhance the efficiency of border checks by calculating and monitoring the duration of the authorised stay at entry and exit of third country nationals admitted for a short or long stay {or on the basis of a touring visa};
Amendment 359 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a)
Amendment 360 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) enhance first and foremost the efficiency of border checks by calculating and monitoring the duration of the authorised stay at entry and exit of third country nationals admitted for a short stay
Amendment 361 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) assist in the identification of any person who does not, or does no longer fulfil the conditions for entry to
Amendment 362 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) assist in the identification of any person who does not, or does no longer fulfil the conditions for entry to or stay on the territory of the
Amendment 363 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) allow t
Amendment 364 #
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
Amendment 365 #
Proposal for a regulation Article 5 – paragraph 1 – point d Amendment 366 #
Proposal for a regulation Article 5 – paragraph 1 – point e Amendment 367 #
Proposal for a regulation Article 5 – paragraph 1 – point e (e) free up border control resources from performing checks that can be automated and enable b
Amendment 368 #
Proposal for a regulation Article 5 – paragraph 1 – point h (h) gather statistics on the entries and exits,
Amendment 369 #
Proposal for a regulation Article 5 – paragraph 1 – point h (h) gather statistics on the entries and exits, refusals of entry and overstays of third country nationals to
Amendment 370 #
Proposal for a regulation Article 5 – paragraph 1 – point i (i) combat identity fraud at the external borders, which is committed for the purpose of entering the Union;
Amendment 371 #
Proposal for a regulation Article 5 – paragraph 1 – point i a (new) (ia) In addition to paragraph 1, for the purpose of the prevention, detection and investigation of terrorist offences or of other serious criminal offences and in accordance with the conditions set out in this Regulation, the EES shall: (Article 5 shall be divided into 3 paragraphs corresponding to the different purposes of the Regulation relating to the different legal basis used.)
Amendment 372 #
Proposal for a regulation Article 5 – paragraph 1 – point j Amendment 373 #
Proposal for a regulation Article 5 – paragraph 1 – point j Amendment 374 #
Proposal for a regulation Article 5 – paragraph 1 – point j (j) contribute, on a secondary and exceptional basis, to the prevention, detection and investigation of terrorist offences or of other serious criminal offences;
Amendment 375 #
Proposal for a regulation Article 5 – paragraph 1 – point k Amendment 376 #
Proposal for a regulation Article 5 – paragraph 1 – point k (k) enable, on a secondary and exceptional basis, the identifying and apprehending of terrorist, criminal suspects as well as of victims crossing the external borders;
Amendment 377 #
Proposal for a regulation Article 5 – paragraph 1 – point k (k) enable identifying and apprehending terrorist, criminal suspects as well as the identification of victims crossing the external borders;
Amendment 378 #
Proposal for a regulation Article 5 – paragraph 1 – point k (k) enable identifying and apprehending terrorist
Amendment 379 #
Proposal for a regulation Article 5 – paragraph 1 – point l Amendment 380 #
Proposal for a regulation Article 5 – paragraph 1 – point l Amendment 381 #
Proposal for a regulation Article 5 – paragraph 1 – point l (l) enable, on a secondary and exceptional basis, generating information on travel histories of terrorist, criminal suspects as well as of victims for investigations related to terrorism or serious crime.
Amendment 382 #
(l) enable generating information on travel histories of terrorist, criminal suspects as well as of victims for investigations related to the protection of public safety, terrorism or serious crime.
Amendment 383 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 3. In order to facilitate border crossing for third-country nationals who frequently travel and have been pre- vetted, Member States may establish national facilitation programmes in accordance with Article 8e of Regulation 2016/399 and connect them to the EES. (Article 5 shall be divided into 3 paragraphs corresponding to the different purposes of the Regulation relating to the different legal basis used and for consistency with the amendments to the Schengen borders code relating to the possible use of national facilitation programmes.)
Amendment 384 #
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 shall include as a minimum the Schengen Information System, Interpol’s SLTD database and Europol databases and the national databases of law enforcement authorities;
Amendment 385 #
Proposal for a regulation Article 6 – paragraph 1 – point c a (new) (ca) a Secure Communication Channel between the EES Central System and the Eurodac Central System;
Amendment 386 #
Proposal for a regulation Article 6 – paragraph 1 – point c b (new) (cb) a Secure Communication Channel between the EES Central System and the ETIAS Central System;
Amendment 387 #
Proposal for a regulation Article 6 – paragraph 1 – point d (d) a secure Communication Infrastructure between the Central System and the National Uniform Interfaces.
Amendment 388 #
Proposal for a regulation Article 7 Amendment 389 #
Proposal for a regulation Article 7 – paragraph 2 – point e Amendment 390 #
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 the Eurodac Central System to enable interoperability between the EES and Eurodac. 2. In accordance with Article 11a, the interoperability requirement shall enable the automated transfer to the Eurodac system of a list generated by the EES and containing the data referred to in Articles 14 and 15 of all persons having exceeded by more than 15 days the permitted length of stay.
Amendment 391 #
Article 7b Interoperability with ETIAS. 1. eu-LISA shall establish a Secure Communication Channel between the EES Central System and the ETIAS Central System to enable interoperability between the EES and ETIAS. Direct consultation between the systems shall only be possible if both this Regulation and Regulation (EU) 2017/XXX (ETIAS) provide for it. 2. The interoperability requirement shall enable border authorities using the EES to consult the ETIAS Central System, in accordance with Article 41 of Regulation (EU) 2017/XXX (ETIAS), for the sole purpose of verifying that a visa exempt third country national has valid travel authorisation as provided for in Regulation 2017/XXX establishing a European travel information and authorisation system.
Amendment 392 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 Each Member State shall designate the competent national authorities, including border, visa and immigration authorities. The duly authorised staff shall have access to the EES to enter, amend, delete
Amendment 393 #
Proposal for a regulation Article 9 – paragraph 1 1. Each competent authority authorised to access the EES shall ensure that the use of the EES is necessary, appropriate and proportionate and that each access operation meets traceability requirements.
Amendment 394 #
Proposal for a regulation Article 9 – paragraph 2 2. Each competent authority shall ensure that in using the EES, it does not discriminate against third country nationals on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation and that it fully respects
Amendment 395 #
Proposal for a regulation Article 9 – paragraph 2 2. Each competent authority shall ensure that in using the EES, it does not discriminate against third country nationals on the grounds of sex, rac
Amendment 396 #
Proposal for a regulation Article 9 – paragraph 2 2. Each competent authority shall ensure that in using the EES, it does not excessively or unjustifiably discriminate against third country nationals
Amendment 397 #
Proposal for a regulation Article 9 – paragraph 2 Amendment 398 #
Proposal for a regulation Article 10 A
Amendment 399 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 The EES shall include an automated calculator that indicates the maximum authorised duration of stay in accordance with Article 6(1) of Regulation (EU) 2016/399 for third country nationals registered in the EES admitted for a short stay
Amendment 400 #
The EES shall include an automated calculator that indicates the maximum authorised duration of stay in accordance with Article 6(1) of Regulation (EU) 2016/399 for third country nationals registered in the EES admitted for a short stay {or on the basis of a touring visa} in the Union.
Amendment 401 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 The EES shall include an automated calculator that indicates the maximum authorised duration of stay in accordance with Article 6(1) of Regulation (EU) 2016/399 for third country nationals registered in the EES admitted for a short or long stay {or on the basis of a touring visa}.
Amendment 402 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 2 Amendment 403 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 2 Amendment 404 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 2 The calculator shall not apply to third country nationals who are family members of a Union citizen to whom Directive 2004/38/EC applies
Amendment 405 #
Proposal for a regulation Article 10 – paragraph 2 – point a (a) inform the competent authorities of the authorised length of stay on entry and whether the number of authorised entries of the single or
Amendment 406 #
Proposal for a regulation Article 10 – paragraph 2 – point a a (new) (aa) inform the competent authorities should third country nationals fail to leave the territory on expiry of the maximum admission period;
Amendment 407 #
Proposal for a regulation Article 10 – paragraph 2 – point b (b) identify third country nationals
Amendment 408 #
Proposal for a regulation Article 10 – paragraph 3 3. The border authorities shall inform the third country national of the maximum number of days of authorised stay which shall take into account the number of entries and the length of stay authorised by the visa
Amendment 409 #
Proposal for a regulation Article 10 – paragraph 4 Amendment 410 #
Proposal for a regulation Article 10 – paragraph 4 Amendment 411 #
Proposal for a regulation Article 10 – paragraph 4 4. Stays in Member States which are not
Amendment 412 #
Proposal for a regulation Article 10 – paragraph 4 4. Stays in Member States which are not yet fully applying the Schengen acquis in accordance with their respective Acts of Accession shall not be taken into account in the calculation of the duration of the authorised stay in the Schengen area.
Amendment 413 #
Proposal for a regulation Article 10 – paragraph 4 4. Stays in Member States which are not yet fully applying the Schengen acquis in accordance with their respective Acts of Accession shall
Amendment 414 #
Proposal for a regulation Article 11 Amendment 415 #
Proposal for a regulation Article 11 – paragraph 1 1. The EES shall include a mechanism that shall automatically identify which
Amendment 416 #
Proposal for a regulation Article 11 – paragraph 1 1. The EES shall include a mechanism that shall automatically identify which entry/exit records do not have exit data immediately following the date of expiry of the authorised length of stay in the Union and identify records for which the maximum stay allowance in the Union has been exceeded.
Amendment 417 #
Proposal for a regulation Article 11 – paragraph 2 2.
Amendment 418 #
Proposal for a regulation Article 11 – paragraph 2 2. A list generated by the system containing the data referred to in Article 14
Amendment 419 #
Proposal for a regulation Article 11 – paragraph 2 a (new) 2a. In accordance with Article 31, Member States shall be automatically informed three months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures.
Amendment 420 #
Proposal for a regulation Article 11 – paragraph 2 a (new) 2a. The competent national authority shall insert an alert on Schengen Information System, in accordance with Regulation 1987/20061a. _________________ 1aRegulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II)
Amendment 421 #
Proposal for a regulation Article 11 a (new) Article 11a Automated transfer of data to Eurodac A list generated by the EES on the basis of information retrieved by the mechanism provided for in Article 11, and containing the data referred to in Articles 14 and 15 of all persons having exceeded by more than 15 days the permitted length of stay, shall be automatically forwarded to the Eurodac Central System.
Amendment 422 #
Proposal for a regulation Article 12 – paragraph 1 1. In order to enable third country nationals to verify at any moment the remaining authorised length of stay, a secure internet access to a web service hosted by eu-LISA in its two technical sites shall allow those third country nationals to provide the data required pursuant to Article 14(1)(b) together with the anticipated entry and exit dates.
Amendment 423 #
Proposal for a regulation Article 12 – paragraph 1 1. In order to enable third country nationals to verify at any moment the remaining authorised length of stay, a secure internet access to a web service hosted by eu-LISA in its two technical sites shall allow those third country nationals to provide the data required pursuant to Article 14(1)(b) together with the anticipated entry and exit dates. On that basis, the web service shall provide them
Amendment 424 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 425 #
Proposal for a regulation Article 12 – paragraph 2 2. Carriers
Amendment 426 #
Proposal for a regulation Article 12 – paragraph 2 2. Carriers
Amendment 427 #
Proposal for a regulation Article 12 – paragraph 2 2. Carriers may use the secure internet access to the web service referred to in paragraph 1 to verify whether or not third country nationals holding a single or double entry visa have already used the visa. The carrier shall provide the data listed in Article 14(1)(d). The web service shall on that basis provide the carriers with an OK/NOT OK answer. Carriers may store the information sent and the answer received for a maximum of 48 hours after which the data shall be automatically deleted.
Amendment 428 #
Proposal for a regulation Article 12 – paragraph 2 2. Carriers may use the secure internet access to the web service referred to in paragraph 1 to verify whether or not third country nationals holding a single or double entry visa have already used the visa. The carrier shall provide the data listed in Article 14(1)(d).
Amendment 429 #
Proposal for a regulation Article 12 – paragraph 2 2. Carriers
Amendment 430 #
Proposal for a regulation Article 12 – paragraph 3 3. Detailed rules on the conditions for operation of the web service and the data protection and security rules applicable to the web service shall be adopted in accordance with the examination procedure referred to in Article 61(2). Relevant stakeholders shall be consulted in the development phase of the web service.
Amendment 431 #
Proposal for a regulation Article 12 – paragraph 3 a (new) 3a. eu-LISA is responsible for the security of the web service, and the security of personal data in particular, as well as for the procedure by which data are transmitted to the web service’s central system.
source: PE-597.482
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History
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