Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Opinion | AFET | MCALLISTER David (EPP) | |
Opinion | BUDG | DEPREZ Gérard (ALDE) | |
Lead | LIBE | GÁL Kinga (EPP) | GUILLAUME Sylvie (S&D), STEVENS Helga (ECR), DEPREZ Gérard (ALDE), VERGIAT Marie-Christine (GUE/NGL), ALBRECHT Jan Philipp (Verts/ALE), FONTANA Lorenzo (ENF) |
Opinion | TRAN |
Legal Basis TFEU 077-p2, TFEU 087-p2, TFEU 088-p2-a1
Activites
- #3545
-
2017/06/09
Council Meeting
- #3528
- 2017/03/27 Council Meeting
-
2017/01/19
Committee referral announced in Parliament, 1st reading/single reading
-
2016/11/16
Legislative proposal published
-
COM(2016)0731
summary
PURPOSE: to establish a European Travel Information and Authorisation System (ETIAS) in order to improve external border management. 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 Council. BACKGROUND: in its in its Communication of September 2016 entitled 'Enhancing security in a world of mobility’, the Commission confirmed the need to strike the right balance between ensuring mobility and enhancing security, while facilitating legal entry into the Schengen area without the need for a visa. Today, around 1.4 billion people from around 60 countries worldwide can benefit from visa-free travel to the European Union. The number of visa-exempt third country nationals to the Schengen countries will continue to grow, with an expected increase of over 30% in the number of visa exempt third country nationals crossing the Schengen borders by 2020, from 30 million in 2014 to 39 million in 2020. These figures demonstrate the need to put in place a system that is able to achieve objectives similar to the visa regime, namely to assess and manage the potential irregular migration and security risks represented by third country nationals visiting the EU, yet in a lighter and more visitor-friendly way, in line with the objectives of the EU's visa liberalisation policy. IMPACT ASSESSMENT: the ETIAS legal proposal is based on the results of the feasibility study conducted from June till October 2016. CONTENT: the draft regulation proposes the establishment of the European Travel Information and Authorisation System (ETIAS), which will be an EU system for visa-exempt third country nationals when crossing the external borders, and allow determination of whether the presence of such persons on the territory of the Member States would pose an irregular migration, security or public health risk. For this purpose a travel authorisation would be introduced as a new condition for entering the Schengen area and the absence of a valid ETIAS travel authorisation would result in a refusal of entry into the Schengen area. Moreover, where applicable, carriers would have to check that their passengers have a valid ETIAS travel authorisation before allowing them to board their transportation means bound to a Schengen country. Prior to the intended travel, the applicant will create an on-line application, via a dedicated website or the mobile application. Functions: the key functions of ETIAS will be to: verify the information submitted by visa-exempt third country nationals (such as information related to identity, travel document, residence information, contact details etc.), via an online application ahead of their travel to the EU's external borders, to assess if they pose a risk for irregular migration, security or public health; automatically process each application submitted via the website or mobile application against other EU information systems (such as SIS, VIS, Europol's database, Interpol's database, the EES, Eurodac, ECRIS), a dedicated ETIAS watch list (established by Europol) and targeted, proportionate and clearly defined screening rules to determine if there are factual indications or reasonable grounds to issue or refuse a travel authorisation; issue travel authorisations. In cases where no hits or elements requiring further analysis are identified, the travel authorisation is issued automatically within minutes after the application has been submitted. The authorisation will be valid for a period of five years and for multiple entry. An application fee of EUR 5 will apply to all applicants above the age of 18. Scope: ETIAS will apply to visa-exempt third country nationals. The following shall be excluded from the scope: holders of long-stay visas, holders of a local border traffic permits, citizens of the micro-states in the Schengen area, holders of diplomatic passports and crew members of ships or aircraft while on duty. Management of the system: the ETIAS will be managed by the European Border and Coast Guard in close cooperation with the competent authorities of the Member States and Europol. The Agency eu-LISA will develop and provide technical management of this information system. The final decision on allowing entry into the Schengen Area will still rest with the border guards at the external border in line with the Schengen Border Code. BUDGETARY IMPLICATIONS: the amount needed has been assessed as EUR 212.1 million. During the development phase (2018-2020), the Commission will spend a total amount of EUR 4.2 million (via shared management) for the expenses related to operations in Member States. From 2020, when the new system will be operational, future operational costs in Member States could be supported by their national programmes in the framework of shared management. From the same year, the ETIAS System will generate fee revenue, which will be treated as external assigned revenue. Based on the current estimates of the number of applications, the fee revenue will more than cover the direct development and running cost of the ETIAS. In turn, this will allow the financing of related expenditure in the field of Smart Borders. DELEGATED ACTS: in order to establish the technical measures needed for the application of the Regulation, the Commission will have the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the EU.
- DG {'url': 'http://ec.europa.eu/info/departments/migration-and-home-affairs_en', 'title': 'Migration and Home Affairs'}, AVRAMOPOULOS Dimitris
-
COM(2016)0731
summary
Documents
- Legislative proposal published: COM(2016)0731
- Debate in Council: 3528
Amendments | Dossier |
114 |
2016/0357(COD)
2017/06/01
AFET
88 amendments...
Amendment 100 #
Proposal for a regulation Article 4 – paragraph 1 – point b Amendment 101 #
Proposal for a regulation Article 4 – paragraph 1 – point e (e) support the objectives of the Schengen Information System (SIS) related to the alerts in respect of persons wanted for arrest or for surrender or extradition purposes, on missing persons in particular children, on persons sought to assist with a judicial procedure and on persons for discreet checks or specific checks;
Amendment 102 #
Proposal for a regulation Article 13 – paragraph 1 1. Applicants shall lodge an application by filling in the online application form via the dedicated public website
Amendment 103 #
Proposal for a regulation Article 13 – paragraph 2 2. Applications may be lodged by the applicant or by a person or a commercial intermediary authorised by the applicant to lodge the application in his or her behalf.
Amendment 104 #
Proposal for a regulation Article 14 – paragraph 2 2. The public website and the mobile app for mobile devices shall make the application form widely available and easily accessible to applicants free of charge; both the website and the mobile app shall be accessible to people with disabilities.
Amendment 105 #
Proposal for a regulation Article 15 – paragraph 2 – point h Amendment 106 #
Proposal for a regulation Article 15 – paragraph 2 – point h Amendment 107 #
Proposal for a regulation Article 15 – paragraph 2 – point h Amendment 108 #
Proposal for a regulation Article 15 – paragraph 2 – point k (k) for minors, surname
Amendment 109 #
Proposal for a regulation Article 15 – paragraph 2 – point m (m) in the case of applications filled in by a person other than the applicant and group applications, the
Amendment 110 #
Proposal for a regulation Article 15 – paragraph 3 3. The applicant shall choose
Amendment 111 #
Proposal for a regulation Article 15 – paragraph 3 3. The applicant shall choose
Amendment 112 #
Proposal for a regulation Article 15 – paragraph 3 3. The applicant shall choose
Amendment 113 #
Proposal for a regulation Article 15 – paragraph 4 – point b (b) whether he or she has ever been convicted of any serious criminal offence, as defined in article 3(m) of this Regulation, in any country;
Amendment 114 #
Proposal for a regulation Article 16 – paragraph 4 4. The Commission shall be empowered to adopt delegated acts in
Amendment 115 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 2 – point m (m) whether the travel document used for the application corresponds to a travel document recorded in a file in the Interpol TDAWN, including the Yellow Notices that could help locate missing persons;
Amendment 116 #
Proposal for a regulation Article 18 – paragraph 7 – subparagraph 1 – point b (b) an alert in respect of missing persons, in particular children;
Amendment 117 #
Proposal for a regulation Chapter 3 a (new) Article 21a. Specific rules for refugees and stateless persons residing in a visa-exempt country 1.When a refugee or a stateless person referred to in Article 2(1)(b) applies for a travel authorisation, the following specific rules will apply: (a) the applicant shall not reply to the question referred to in Article 15(4)(c). (b) the fee referred to in Article 16 shall be waived.
Amendment 118 #
Proposal for a regulation Article 22 – paragraph 4 – point b (b) where the hit corresponds to one or several of the categories laid down in Article 18(2)(d) to (m), assess the security
Amendment 119 #
5. Where the automated processing laid down in Article 18(3) has reported that the applicant replied affirmatively to one of the questions referred to in Article 15(4), the ETIAS National Unit of the responsible Member State shall assess the
Amendment 120 #
Proposal for a regulation Article 22 – paragraph 7 7. Where the automated processing laid down in Article 18(5) has reported a hit, the ETIAS National Unit of the responsible Member State shall assess the
Amendment 121 #
Proposal for a regulation Article 23 – paragraph 2 2. The request for additional information or documentation shall be notified to the contact e-mail address
Amendment 122 #
Proposal for a regulation Article 23 – paragraph 6 6. Where the applicant fails to reply to the invitation within the deadline or where the applicant fails to attend the interview without providing a substantiated justification, the application shall be refused in accordance with Article 31(1) and the ETIAS National Unit of the responsible Member State shall inform the applicant without delay.
Amendment 123 #
Proposal for a regulation Article 25 – paragraph 3 3. In any case, Europol shall not have access to the personal data concerning the
Amendment 124 #
Proposal for a regulation Article 25 – paragraph 5 5. Europol shall reply within 24 hours of the date of the notification of the consultation.
Amendment 125 #
Proposal for a regulation Article 28 – paragraph 1 1. The ETIAS screening rules shall be an algorithm enabling the comparison between the data recorded in an application file of the ETIAS Central System and specific risk indicators pointing to
Amendment 126 #
Proposal for a regulation Article 28 – paragraph 2 – introductory part 2. The
Amendment 127 #
Proposal for a regulation Article 28 – paragraph 2 – point a (a) [statistics generated by the EES indicating abnormal rates of overstayers and refusals of entry
Amendment 128 #
Proposal for a regulation Article 28 – paragraph 2 – point b (b) statistics generated by the ETIAS in accordance with Article 73 indicating abnormal rates of refusals of travel authorisations due to a
Amendment 129 #
Proposal for a regulation Article 28 – paragraph 2 – point b (b) statistics generated by the ETIAS in accordance with Article 73 indicating abnormal rates of refusals of travel authorisations due to an irregular migration, security or public health risk
Amendment 130 #
Proposal for a regulation Article 28 – paragraph 2 – point e (e) information provided by Member States concerning abnormal rates of overstayers and refusals of entry for
Amendment 131 #
Proposal for a regulation Article 28 – paragraph 3 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to further specify the
Amendment 132 #
Proposal for a regulation Article 28 – paragraph 4 – point c Amendment 133 #
Proposal for a regulation Article 28 – paragraph 4 – point c Amendment 134 #
Proposal for a regulation Article 28 – paragraph 4 – point c Amendment 135 #
Proposal for a regulation Article 28 – paragraph 5 5. The specific risk indicators shall be targeted and proportionate. They shall in no circumstances be based on a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, sexual life or sexual orientation. Preventive risk profiling based on general data rather than on a concrete and manifest risk shall not be permissible.
Amendment 136 #
Proposal for a regulation Article 29 – paragraph 3 a (new) 3 a. Safeguards must be established to ensure that personal data that are processed in the ETIAS watchlist are sufficiently protected.
Amendment 137 #
Proposal for a regulation Article 29 – paragraph 3 b (new) 3 b. Should the grounds for inclusion in the ETIAS watchlist be unjustified, removal from the ETIAS watchlist should be possible at any time .
Amendment 138 #
Proposal for a regulation Article 30 – paragraph 1 1. Where the examination of an application pursuant to the procedures laid down in Chapters III, IV and V indicates that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the Member States poses a
Amendment 139 #
2. A travel authorisation shall be valid for
Amendment 140 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 – point b Amendment 141 #
Proposal for a regulation Article 31 – paragraph 2 2. Applicants who have been refused a travel authorisation shall have the right to appeal. Appeals shall be conducted in the Member State that has taken the decision on the application and in accordance with the national law of that Member State. The ETIAS National Unit of the responsible Member State shall provide applicants with information in writing regarding the procedure to be followed in the event of an appeal, in a language that applicants can understand. The appeals procedure shall be concluded within three months at the latest.
Amendment 142 #
Proposal for a regulation Article 45 – paragraph 4 4. Consultation of the ETIAS Central System shall, in the event of a hit with data recorded in an application file, give access to the data referred to in Article 15(2)(a) to (g) and (j) to (m) as recorded in that application file as well as to data entered in that application file in respect of the issuing, refusal, revocation or annulment of a travel authorisation in accordance with Articles 33 and 37. Access to the data referred to in Article 15(2)(i) and in (4) (b) to (d) as recorded in the application file shall only be given if consultation of that data was explicitly requested by the operating units in the reasoned electronic request submitted under Article 44(1) and approved by the independent verification. Consultation of the ETIAS Central System shall not give access to data
Amendment 143 #
Proposal for a regulation Article 56 – paragraph 1 1. The supervisory authority or authorities designated pursuant to Article 51 of [Regulation 2016/679] shall ensure that an annual audit of the data processing operations by the ETIAS National Units is carried out in accordance with relevant international auditing standards
Amendment 144 #
Proposal for a regulation Article 62 – paragraph 1 The Commission shall, in cooperation with the ETIAS Central Unit,
Amendment 145 #
Proposal for a regulation Article 62 – paragraph 1 The Commission shall, in cooperation with the ETIAS Central Unit, and the Member States,
Amendment 146 #
Proposal for a regulation Article 63 – paragraph 2 2. The infrastructures supporting the public website, the mobile app, the kiosks and the carrier gateway shall be hosted in eu-LISA' sites or in Commission sites. These infrastructures shall be geographically distributed to provide the functionalities laid down in this Regulation in accordance with the conditions of security, availability, quality and speed laid down in paragraph 3.
Amendment 147 #
Proposal for a regulation Article 64 – paragraph 1 – subparagraph 1 Following the entry into operations of the ETIAS, eu-LISA shall be responsible for the technical management of the 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 technical management of the Communication Infrastructure between the Central system and the National Uniform Interfaces as well as for the public website, the mobile app for mobile devices, the kiosks, the email service, the secure account service, the carrier gateway, the web service and the software to process the applications referred to in Article 6.
Amendment 148 #
Proposal for a regulation Article 66 – paragraph 1 a (new) 1 a. the compliance with its obligations concerning fundamental rights, in particular the obligations under the European Convention on Human Rights (ECHR), the Charter of Fundamental Rights (CFR) and the Convention on the Rights of the Child (CRC);
Amendment 149 #
Proposal for a regulation Article 72 – paragraph 2 2. During this six month period, the border guards as well as the diplomatic representations of EU Member States and EU delegations to the countries falling within the scope of this Regulation, shall inform third country nationals subject to the travel authorisation requirement crossing the external borders of the requirement to have a valid travel authorisation from the expiry of the six month period. For this purpose, the border guards shall distribute a common leaflet to this category of travellers. Such leaflet shall also be made available at the Member States' embassies and Union delegations to the countries falling within the scope of this Regulation.
Amendment 152 #
Proposal for a regulation Article 73 – paragraph 2 – subparagraph 1 For the purpose of paragraph 1, eu-LISA shall establish, implement and host a central repository 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 to improve the assessment of the
Amendment 153 #
Proposal for a regulation Article 76 – paragraph 5 5. The Commission shall make the information notified pursuant to paragraph 1 available to the Member States and the
Amendment 154 #
Proposal for a regulation Article 81 – paragraph 5 – subparagraph 1 – point b a (new) (b a) the impact on diplomatic relations between the Union and the third countries involved;
Amendment 67 #
Proposal for a regulation Recital 2 (2) Indeed, the Communication of 6 April 2016 identified a series of information gaps. Amongst them the fact that border authorities at external Schengen borders have no information on travellers exempt from the requirement of being in possession of a visa when crossing the external borders. The Communication of 6 April 2016 announced that the Commission would launch a study on the feasibility of establishing a European Travel Information and Authorisation System (ETIAS). Such an automated system would determine the eligibility of visa-exempt third country nationals prior to their travel to the Schengen Area, and whether such travel poses a security
Amendment 68 #
Proposal for a regulation Recital 3 a (new) (3 a) The ETIAS represents one of the priorities identified in the Bratislava Roadmap of 16 September 2016, signed and agreed by the 27 Heads of State and Government of the Union.
Amendment 69 #
Proposal for a regulation Recital 5 a (new) (5 a) The Commission together with the High Representative of the European Union for Foreign Affairs and Security Policy and in cooperation with the Member States should attach high relevance to foreign policy aspects of the establishment of ETIAS and communicate its objectives to the governments of the third countries concerned in a timely and concise manner, emphasizing the fundamental political, legal and practical differences between visa obligation and travel authorisation.
Amendment 70 #
Proposal for a regulation Recital 5 b (new) (5 b) The Commission should launch communication campaigns in the relevant third countries in due time before the ETIAS Regulation enters into force so that travellers will be duly informed about the application process for ETIAS authorisation, the legal remedies available in the event of a refusal as well as about the positive aspects of enabling smooth and faster border crossing for travellers with prior travel authorisation.
Amendment 71 #
Proposal for a regulation Recital 9 (9)
Amendment 72 #
Proposal for a regulation Recital 9 (9) The ETIAS should establish a travel authorisation for third country nationals exempt from the requirement to
Amendment 73 #
Proposal for a regulation Recital 10 (10) The ETIAS should contribute to a high level of security
Amendment 74 #
Proposal for a regulation Recital 16 (16) To meet its objectives, the ETIAS should provide an online application form that the applicant should fill in with declarations relating to his or her identity, travel document, residence information,
Amendment 75 #
Proposal for a regulation Recital 16 (16) To meet its objectives, the ETIAS should provide an online application form that the applicant should fill in with declarations relating to his or her identity, travel document, residence information, contact details,
Amendment 76 #
Proposal for a regulation Recital 16 (16) To meet its objectives, the ETIAS should provide an online application form that the applicant should fill in with declarations relating to his or her identity, travel document, residence information, contact details,
Amendment 77 #
Proposal for a regulation Recital 17 (17) ETIAS should be designed as a user-friendly platform and provide all relevant information in the language of the applicant. ETIAS should accept applications introduced on behalf of the applicant for situations where travellers are themselves not in a position to create an application, for whatever reason. In such cases, the application should be carried out by a third person authorised by the traveller or legally responsible for him/her provided this person's identity is included in the application form. Travel agents should be able to create applications on behalf of single and/or groups of applicants.
Amendment 78 #
Proposal for a regulation Recital 17 (17) ETIAS should accept applications introduced on behalf of the applicant for situations where travellers are themselves not in a position to create an application, for
Amendment 79 #
Proposal for a regulation Recital 17 a (new) (17 a) ETIAS should provide application kiosks for applicants at the main departure air terminals and seaports and at major land border crossings.
Amendment 80 #
Proposal for a regulation Recital 20 (20) The personal data provided by the applicant should be processed by the ETIAS for the sole purposes of verifying in advance the eligibility criteria laid down in Regulation (EU) 2016/39924 and assessing whether the applicant
Amendment 81 #
Proposal for a regulation Recital 21 (21) The assessement of such risks cannot be carried out without processing the personal data listed in recital (16). Each item of personal data in the applications should be compared with the data present in a record, file or alert registered in an information system (the Schengen Information System (SIS), the Visa Information System (VIS), the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD), the Entry/Exit System (EES), the Eurodac, the European Criminal Records Information System (ECRIS) and/or the Interpol Travel Documents Associated with Notices database (Interpol TDAWN)) including the Yellow Notices that could help locate missing persons, or against the ETIAS watchlists, or against specific risk indicators. The categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems, the ETIAS watchlist or the specific risk indicators.
Amendment 82 #
(24) Applicants who have been refused a travel authorisation should have the right to appeal. Appeals should be conducted in the Member State that has taken the decision on the application and in accordance with the national law of that Member State. The appeal procedure should be concluded within three months, at the latest.
Amendment 83 #
Proposal for a regulation Recital 25 (25) The screening rules should be used to analyse the application file by enabling a comparison between the data recorded in an application file of the ETIAS Central System and specific risk indicators corresponding to previously identified security
Amendment 84 #
(27)
Amendment 85 #
Proposal for a regulation Recital 34 (34) Access to the information contained in ETIAS
Amendment 86 #
Proposal for a regulation Recital 34 (34) Access to the information contained in ETIAS is necessary to prevent, detect and investigate terrorist offences as referred to in Council Framework Decision 2002/475/JHA26 or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA27 . In a specific investigation and in order to establish evidence and information related to a person suspected of having committed a crime or a victim of a crime, law enforcement authorities may need access to the data generated by ETIAS. The data stored in ETIAS may also be necessary to identify the perpetrator of a terrorist offence or other serious criminal offences, especially when urgent action is needed. Access to the ETIAS for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences constitutes an interference with
Amendment 87 #
Proposal for a regulation Recital 40 (40) The personal data recorded in the ETIAS should be kept for no longer than is necessary for its purposes. In order for the ETIAS to function, it is necessary to keep the data related to applicants for the period of validity of the travel authorisation. In order to assess the security
Amendment 88 #
Proposal for a regulation Recital 40 (40) The personal data recorded in the ETIAS should be kept for no longer than is necessary for its purposes. In order for the ETIAS to function, it is necessary to keep the data related to applicants for the period of validity of the travel authorisation. In
Amendment 89 #
Proposal for a regulation Recital 47 (47) Strict access rules to the ETIAS Central System and the necessary safeguards should be established. The collection, storage and use of the data acquired under ETIAS shall in every case comply with the EU Charter of Fundamental Rights. It is also necessary to provide for individuals' rights of access, correction, deletion and redress, in particular the right to a judicial remedy and the supervision of processing operations by public independent authorities.
Amendment 90 #
Proposal for a regulation Recital 48 (48) In order to assess the security
Amendment 91 #
Proposal for a regulation Recital 50 – indent 1 - to adopt a predetermined list of answers concerning the questions on
Amendment 92 #
Proposal for a regulation Recital 50 – indent 1 - to adopt a predetermined list of answers concerning the questions on
Amendment 93 #
Proposal for a regulation Recital 50 – indent 3 - to amend the amount of the fee, to lay down the payment methods and process for the travel authorisation fee taking into account the technological developments and their availability
Amendment 94 #
Proposal for a regulation Recital 50 – indent 5 - to further specify the security
Amendment 95 #
Proposal for a regulation Recital 51 (51) It is of particular importance that the Commission carry out an impact assessment as well as appropriate consultations during its preparatory work,
Amendment 96 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation establishes a 'European Travel Information and Authorisation System' (ETIAS) for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement') enabling to determine whether their presence in the territory of the Member States does not pose a
Amendment 97 #
Proposal for a regulation Article 3 – paragraph 1 – point d (d) 'travel authorisation' means a decision issued in accordance with this Regulation indicating that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the Member States poses a
Amendment 98 #
Proposal for a regulation Article 3 – paragraph 1 – point e a (new) (e a) irregular migration risk means the risk of a third country national not fulfilling the conditions of entry and stay as set out in Article 6 of Regulation (EU) 2016/399 of the European Parliament and of the Council.
Amendment 99 #
Proposal for a regulation Article 3 – paragraph 1 – point e b (new) (e b) security risk means a risk of a threat to public policy, internal security or international relations of any of the Member States;
source: 604.877
2017/07/19
BUDG
26 amendments...
Amendment 10 #
Proposal for a regulation Recital 3 a (new) (3 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 a Union-wide approach.
Amendment 11 #
Proposal for a regulation Recital 18 (18) In order to finalise the application, all applicants above the age of 18 should be required to pay a fee. Certain categories of applicants, such as students, researchers and young representatives of NGOs, should be exempt from paying such a fee. The payment should be managed by a bank or a financial intermediary. Data required for securing the electronic payment should only be provided to the bank or financial intermediary operating the financial transaction and are not part of the ETIAS data.
Amendment 12 #
Proposal for a regulation Article 9 – paragraph 4 4. The ETIAS Screening Board shall meet whenever necessary, and at least twice a year. The costs and servicing of its meetings shall be borne by the European Border and Coast Guard Agency, which shall therefore receive the appropriate additional funding and personnel.
Amendment 13 #
Proposal for a regulation Article 12 – paragraph 1 Processing of personal data within the ETIAS Information System by any user shall not result in discrimination against third country nationals on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. It shall fully respect human dignity and integrity. Particular attention shall be paid to children, the elderly and persons with
Amendment 14 #
Proposal for a regulation Article 13 – paragraph 1 a (new) 1a. Given that different technologies may be used by different countries or citizens, and given the possibility of IT failure, a conventional system should also be established to allow applicants to submit their applications by post or to present them in person and have them physically processed in Member States' embassies and consulates.
Amendment 15 #
Proposal for a regulation Article 14 – paragraph 3 3. The public website and the mobile app for mobile devices shall be available in all the official languages of the Member States, and in versions suitable for use by persons with functional diversity.
Amendment 16 #
Proposal for a regulation Article 15 – paragraph 4 – point d a (new) (da) if the applicant belongs to one of the categories of applicants referred to in points (b) to (f) of Article 16(2) for whom the travel authorisation fee is to be waived, to be selected from a predetermined list;in this case, the applicant shall include with their application any relevant documents needed to prove that their purpose of travel falls under one of the categories set out in points (b) to (f) of Article 16(2).
Amendment 17 #
Proposal for a regulation Article 16 – paragraph 1 1. A travel authorisation fee of EUR
Amendment 18 #
Proposal for a regulation Article 16 – paragraph 1 1. A travel authorisation fee of
Amendment 19 #
Proposal for a regulation Article 16 – paragraph 2 2. The travel authorisation fee shall be waived for
Amendment 20 #
Proposal for a regulation Article 16 – paragraph 2 2. The travel authorisation fee shall be waived for
Amendment 21 #
Proposal for a regulation Article 16 – paragraph 3 3. The travel authorisation fee shall be charged in euro and shall be due when the application has been accepted.
Amendment 22 #
Proposal for a regulation Article 23 – paragraph 1 a (new) 1a. Where the information provided by the applicant in the application form suggests that the authorisation fee can be waived, pursuant to Article 16, the ETIAS National Unit of the responsible Member State may request additional information or documentation from the applicant in order to verify that they do indeed fall into one of the categories exempted from paying the authorisation fee defined in Article 16(2)(b) to (d), and with regard to the duration of the activity concerned.
Amendment 23 #
Proposal for a regulation Article 30 – paragraph 2 2. A travel authorisation shall be valid for five years or until the end of validity of the travel document registered during application, whichever comes first, and shall be valid for the territory of the Member States. However, for categories of applicants exempt from paying the fee in accordance with Article 16(2), the travel authorisation shall be valid for a single entry.
Amendment 24 #
Proposal for a regulation Article 30 – paragraph 2 2.
Amendment 25 #
Proposal for a regulation Article 31 – paragraph 2 a (new) 2a. The travel authorisation fee shall be repaid to the applicant if their application is rejected.
Amendment 26 #
Proposal for a regulation Article 65 – paragraph 2 a (new) 2 a. The European Coast and Border Guard Agency shall be equipped with the appropriate funding and staffing to exercise the responsibilities referred to in points (a) to (c) of Article 65(1) and Article 65(2).
Amendment 27 #
Proposal for a regulation Article 67 – paragraph 3 a (new) 3 a. Europol shall be equipped with the appropriate funding and staffing to exercise the responsibilities referred to in Article 67(1), (2) and (3).
Amendment 28 #
Proposal for a regulation Article 74 – paragraph 1 The costs incurred in connection with the development of the ETIAS Information System, the integration of the existing national border infrastructure and the connection to the National Uniform Interface as well as by hosting the National Uniform Interface, the set-up of the ETIAS Central and National Units and the operation of the ETIAS shall be proportionate to the individual administrative needs of each Member State and borne by the general budget of the Union.
Amendment 29 #
Proposal for a regulation Article 74 – paragraph 1 a (new) Member States shall receive financial support for expenses incurred by additional responsibilities as referred to in Article 66.The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to define this financial support.
Amendment 30 #
Proposal for a regulation Article 74 – paragraph 2 Amendment 31 #
Proposal for a regulation Article 75 – paragraph 1 The revenues generated by the ETIAS shall constitute external assigned revenue in accordance with Article 21(4) of Regulation (EU, EURATOM) No 966/2012. Any revenue remaining after covering the cost of the development of the ETIAS and recurring costs related to the operation and maintenance of the ETIAS Information System, ETIAS Central Unit and ETIAS National Units shall be assigned to cover expenditure incurred under programmes and actions in Chapter 18 02 (internal security) of the Union budget or, from 2021, under the succeeding programmes or actions.
Amendment 32 #
Proposal for a regulation Article 81 – paragraph 5 – subparagraph 1 – introductory part T
Amendment 33 #
Proposal for a regulation Article 81 – paragraph 5 – subparagraph 1 – introductory part T
Amendment 34 #
Proposal for a regulation Article 81 – paragraph 5 – subparagraph 1 – point a (a) the costs and the results achieved by the ETIAS having regard to its objectives, mandate and tasks;
Amendment 35 #
Proposal for a regulation Article 81 – paragraph 5 – subparagraph 1 – point f a (new) (f a) generated revenues of the EU and expenditures incurred by the EU bodies as well as member states.
source: 609.320
|
History
(these mark the time of scraping, not the official date of the change)
activities/1/committees/0/rapporteur/0/group |
Old
Verts/ALENew
EPP |
activities/1/committees/0/rapporteur/0/mepref |
Old
53b2d833b819f205b0000035New
53b2dd1fb819f205b00000b9 |
activities/1/committees/0/rapporteur/0/name |
Old
VALERO BodilNew
MCALLISTER David |
committees/0/rapporteur/0/group |
Old
Verts/ALENew
EPP |
committees/0/rapporteur/0/mepref |
Old
53b2d833b819f205b0000035New
53b2dd1fb819f205b00000b9 |
committees/0/rapporteur/0/name |
Old
VALERO BodilNew
MCALLISTER David |
activities/0/commission/0 |
|
other/1 |
|
procedure/legislative_priorities |
|
activities/3 |
|
other/0 |
|
activities/2 |
|
activities/1/committees/2/shadows |
|
committees/2/shadows |
|
activities/1/committees/0/date |
2017-03-16T00:00:00
|
activities/1/committees/0/rapporteur |
|
committees/0/date |
2017-03-16T00:00:00
|
committees/0/rapporteur |
|
procedure/Mandatory consultation of other institutions |
Old
Economic and Social CommitteeNew
European Economic and Social Committee |
activities/0/docs/0/celexid |
CELEX:52016PC0731:EN
|
activities/0/docs/0/celexid |
CELEX:52016PC0731:EN
|
activities/0/docs/0/text/0 |
Old
PURPOSE: to establish a European Travel Information and Authorisation System (ETIAS) in order to improve external border management. 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 Council. BACKGROUND: in its in its Communication of September 2016 entitled 'Enhancing security in a world of mobility, the Commission confirmed the need to strike the right balance between ensuring mobility and enhancing security, while facilitating legal entry into the Schengen area without the need for a visa. Today, around 1.4 billion people from around 60 countries worldwide can benefit from visa-free travel to the European Union. The number of visa-exempt third country nationals to the Schengen countries will continue to grow, with an expected increase of over 30% in the number of visa exempt third country nationals crossing the Schengen borders by 2020, from 30 million in 2014 to 39 million in 2020. These figures demonstrate the need to put in place a system that is able to achieve objectives similar to the visa regime, namely to assess and manage the potential irregular migration and security risks represented by third country nationals visiting the EU, yet in a lighter and more visitor-friendly way, in line with the objectives of the EU's visa liberalisation policy. IMPACT ASSESSMENT: the ETIAS legal proposal is based on the results of the feasibility study conducted from June till October 2016. CONTENT: the draft regulation proposes the establishment of the European Travel Information and Authorisation System (ETIAS), which will be an EU system for visa-exempt third country nationals when crossing the external borders, and allow determination of whether the presence of such persons on the territory of the Member States would pose an irregular migration, security or public health risk. For this purpose a travel authorisation would be introduced as a new condition for entering the Schengen area and the absence of a valid ETIAS travel authorisation would result in a refusal of entry into the Schengen area. Moreover, where applicable, carriers would have to check that their passengers have a valid ETIAS travel authorisation before allowing them to board their transportation means bound to a Schengen country. Prior to the intended travel, the applicant will create an on-line application, via a dedicated website or the mobile application. Functions: the key functions of ETIAS will be to:
Scope: ETIAS will apply to visa-exempt third country nationals. The following shall be excluded from the scope: holders of long-stay visas, holders of a local border traffic permits, citizens of the micro-states in the Schengen area, holders of diplomatic passports and crew members of ships or aircraft while on duty. Management of the system: the ETIAS will be managed by the European Border and Coast Guard in close cooperation with the competent authorities of the Member States and Europol. The Agency eu-LISA will develop and provide technical management of this information system. The final decision on allowing entry into the Schengen Area will still rest with the border guards at the external border in line with the Schengen Border Code. BUDGETARY IMPLICATIONS: the amount needed has been assessed as EUR 212.1 million. During the development phase (2018-2020), the Commission will spend a total amount of EUR 4.2 million (via shared management) for the expenses related to operations in Member States. From 2020, when the new system will be operational, future operational costs in Member States could be supported by their national programmes in the framework of shared management. From the same year, the ETIAS System will generate fee revenue, which will be treated as external assigned revenue. Based on the current estimates of the number of applications, the fee revenue will more than cover the direct development and running cost of the ETIAS. In turn, this will allow the financing of related expenditure in the field of Smart Borders. DELEGATED ACTS: in order to establish the technical measures needed for the application of the Regulation, the Commission will have the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the EU. New
PURPOSE: to establish a European Travel Information and Authorisation System (ETIAS) in order to improve external border management. 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 Council. BACKGROUND: in its in its Communication of September 2016 entitled 'Enhancing security in a world of mobility, the Commission confirmed the need to strike the right balance between ensuring mobility and enhancing security, while facilitating legal entry into the Schengen area without the need for a visa. Today, around 1.4 billion people from around 60 countries worldwide can benefit from visa-free travel to the European Union. The number of visa-exempt third country nationals to the Schengen countries will continue to grow, with an expected increase of over 30% in the number of visa exempt third country nationals crossing the Schengen borders by 2020, from 30 million in 2014 to 39 million in 2020. These figures demonstrate the need to put in place a system that is able to achieve objectives similar to the visa regime, namely to assess and manage the potential irregular migration and security risks represented by third country nationals visiting the EU, yet in a lighter and more visitor-friendly way, in line with the objectives of the EU's visa liberalisation policy. IMPACT ASSESSMENT: the ETIAS legal proposal is based on the results of the feasibility study conducted from June till October 2016. CONTENT: the draft regulation proposes the establishment of the European Travel Information and Authorisation System (ETIAS), which will be an EU system for visa-exempt third country nationals when crossing the external borders, and allow determination of whether the presence of such persons on the territory of the Member States would pose an irregular migration, security or public health risk. For this purpose a travel authorisation would be introduced as a new condition for entering the Schengen area and the absence of a valid ETIAS travel authorisation would result in a refusal of entry into the Schengen area. Moreover, where applicable, carriers would have to check that their passengers have a valid ETIAS travel authorisation before allowing them to board their transportation means bound to a Schengen country. Prior to the intended travel, the applicant will create an on-line application, via a dedicated website or the mobile application. Functions: the key functions of ETIAS will be to:
Scope: ETIAS will apply to visa-exempt third country nationals. The following shall be excluded from the scope: holders of long-stay visas, holders of a local border traffic permits, citizens of the micro-states in the Schengen area, holders of diplomatic passports and crew members of ships or aircraft while on duty. Management of the system: the ETIAS will be managed by the European Border and Coast Guard in close cooperation with the competent authorities of the Member States and Europol. The Agency eu-LISA will develop and provide technical management of this information system. The final decision on allowing entry into the Schengen Area will still rest with the border guards at the external border in line with the Schengen Border Code. BUDGETARY IMPLICATIONS: the amount needed has been assessed as EUR 212.1 million. During the development phase (2018-2020), the Commission will spend a total amount of EUR 4.2 million (via shared management) for the expenses related to operations in Member States. From 2020, when the new system will be operational, future operational costs in Member States could be supported by their national programmes in the framework of shared management. From the same year, the ETIAS System will generate fee revenue, which will be treated as external assigned revenue. Based on the current estimates of the number of applications, the fee revenue will more than cover the direct development and running cost of the ETIAS. In turn, this will allow the financing of related expenditure in the field of Smart Borders. DELEGATED ACTS: in order to establish the technical measures needed for the application of the Regulation, the Commission will have the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the EU. |
activities/1/committees/2/date |
2017-01-30T00:00:00
|
activities/1/committees/2/rapporteur |
|
committees/2/date |
2017-01-30T00:00:00
|
committees/2/rapporteur |
|
activities/1 |
|
procedure/dossier_of_the_committee |
LIBE/8/08500
|
procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
procedure/Mandatory consultation of other institutions |
Economic and Social Committee
|
committees/1/date |
2016-11-24T00:00:00
|
committees/1/rapporteur |
|
activities/0/docs/0/text |
|
activities |
|
committees |
|
links |
|
other |
|
procedure |
|