Activities of Jussi HALLA-AHO related to 2016/0106(COD)
Plenary speeches (1)
Establishing an Entry/Exit System (EES) to register entry and exit data of third country nationals crossing the EU external borders - Amendment of the Schengen Borders Code as regards the use of the Entry/Exit System (debate)
Shadow reports (1)
REPORT 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 PDF (1 MB) DOC (189 KB)
Amendments (15)
Amendment 205 #
Proposal for a regulation
Recital 12 a (new)
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)
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 277 #
Proposal for a regulation
Recital 27
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, unless there are grounds to delete it earlier.
Amendment 426 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Carriers may use the secure internet access to the web service referred to in paragraph 1 to verifyshall be informed 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 by an OK/NOT OK answer conveyed through the CUSRES message of an interactive API system. Carriers may store the answer received.
Amendment 435 #
Proposal for a regulation
Article 13 – paragraph 2
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 underto in Article 14(1)(f) shall also be updated if the facial image reccorded in the chip of the new travel document can be extracted electronically.
Amendment 451 #
Proposal for a regulation
Article 14 – paragraph 5 a (new)
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 488 #
Proposal for a regulation
Article 23 – paragraph 2
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
Article 23 – paragraph 3
3. If the search with the data set out in paragraph 2 indicates that data on the third country national are recorded in the EES, the competent authority shall be given access to consult the data of the individual file of that third country national and the entry/exit records and refusals of entry records with justifications linked to it.
Amendment 606 #
Proposal for a regulation
Article 33 – paragraph 1 – point g
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 608 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
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 623 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. 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 files and national entry exit system in full respect of Union Law.
Amendment 636 #
Proposal for a regulation
Article 38 – paragraph 3
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, in particular as regards non-refoulement.
Amendment 638 #
Proposal for a regulation
Article 38 – paragraph 4
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. Theis prohibitioninciple shall also apply if those data are further processed at national level or between Member States within the meaning of Article 2(b) of Framework Decision 2008/977/JHA.
Amendment 707 #
Proposal for a regulation
Article 64 – paragraph 1
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 719 #
Proposal for a regulation
Article 64 – paragraph 8 – point e
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;