[ParlTrack]

Proposal for a regulation
Recital 1

(1) Control at external borders remains one of the main safeguards of the area without controls at internal borders. It is carried out in the interest of all Member States and with full respect for fundamental rights. One of the purposes of such controls is to prevent any threat to the Member States' internal security and public policy, irrespectively of the origin of such threat, including where such threats derive from Union citizens.

2016/05/02
Committee: AFET

Tonino PICULA

Proposal for a regulation
Recital 2

(2) The phenomenon of foreign terrorist fighters~~, many of whom are Union citizens,~~ demonstrates the necessity to strengthen the checks at external borders with regard to Union citizens and to make better use of existing tools such as the sharing of information between the Member States and the relevant Union agencies.

2016/05/02
Committee: AFET

Tonino PICULA

Proposal for a regulation
Recital 4

(4) Border guards should for the same reason also ~~systematically~~, as a general rule and whenever deemed appropriate, check persons enjoying the right of free movement under Union law against relevant national and European databases in order to ensure that they do not represent a threat to internal security or public policy.

2016/05/02
Committee: AFET

Tonino PICULA

Proposal for a regulation
Recital 4 a (new)

(4 a) While checking the data bases, certain persons enjoying the right of free movement under Union law could be exempted from these checks provided that, after a careful consideration of the risk assessment, it can be unequivocally concluded that those persons do not pose a risk related to the internal security, public policy, international relations of any of the Member states or a threat to public health. Such persons could include, inter alia, children under the age of 12 and minors accompanied by parents; school pupils when travelling on organised excursions; elderly persons when travelling in an organised manner; pilots of aircraft and other crew members; Heads of State or government and the members of their delegation(s); holders of diplomatic, official or service passports and members of international organisations; rescue services, police and fire brigades and border guards; offshore workers; holders of permits required by national law in accordance with specific Member States' arrangements in bilateral agreements as referred to in point (a) of Article 4(2) of the Regulation (EU) 562/2006 of the European Parliament and of the Council1a. ____________________ 1aRegulation (EU) 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1).

2016/05/02
Committee: AFET

Tonino PICULA

Proposal for a regulation
Recital 5

(5) Technological developments allow in principle to consult relevant databases without delaying the process of crossing the border, as the controls on documents and persons can be carried out in parallel. It is therefore possible without negative effect on persons travelling in good faith to strengthen checks at external borders to better identify those persons who intend to hide their real identity or who are subject to relevant alerts for security reasons or for arrest. Systematic checks should be carried out at all external borders. However, if systematic checks at land and sea borders with existing capacities and technologies were to have a disproportionate impact on the flow of traffic at the border, Member States should be allowed not to carry out systematic checks against databases but only if based on a risk analysis assessing that such a relaxation would not lead to a security risk. Such risk assessment should be transmitted to the Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Council Regulation (EC) No 2007/20048 and be the subject of regular reporting both to the Commission and to the Agency. __________________ 8 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p.1).

2016/05/02
Committee: AFET

5 Amendments of Tonino PICULA related to 2015/0307(COD)

ParlTrack - 2011-2024