9 Amendments of Angelika MLINAR related to 2015/0307(COD)
Amendment 55 #
Proposal for a regulation
Recital 5
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 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 riskIn addition to minimum checks carried out in order to establish the identities of persons crossing the border, targeted or systematic checks should be carried out at the external borders, depending on the results of a mandatory analysis of the security risks and the impact on the flow of traffic. 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).
Amendment 76 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – introductory wording
Article 7 – paragraph 2 – introductory wording
(2) On entry and on exit, persons enjoying the right of free movement under Union law shall at least be subject to the following checks: a minimum check in order to establish their identities on the basis of the production or presentation of their travel documents. That minimum check shall consist of a rapid and straightforward verification. In addition, the following checks shall take place on a targeted or systematic basis, depending on the results of a mandatory Member State assessment of the security risks and the impact on the flow of traffic:
Amendment 80 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – point a – introductory wording
Article 7 – paragraph 2 – point a – introductory wording
(a) verification of the identity and the nationality of the person and the validity and authenticity of the travel document, by consulting the relevant databases, in particular:
Amendment 85 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) verification that a person enjoying the right of free movement under Union law is not considered to be a threat to the internal security, public policy, international relations of any of the Member States or to public health, including by consulting the relevant Union and national databases, in particular the Schengen Information System.
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 2 a (new)
Article 7 – paragraph 2 – subparagraph 2 a (new)
On entry and exit, only minimum checks to establish their identities on the basis of the production or presentation of travel documents shall be applied to persons enjoying the right to free movement under Union law, in particular under Directive 2004/38/EC, when crossing an external Schengen border that is shared between Member States or different parts of the Union. Those minimum checks shall consist of a rapid and straightforward verification.
Amendment 100 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 4
Article 7 – paragraph 2 – subparagraph 4
Each Member State shall transmit its risksecurity risk and traffic flow assessment to the Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Regulation (EC) No 2007/2004 and report every three months to the Commission and to that Agency on the application of the checks carried out on a targeted basis. or systematic basis. The Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union and the Commission shall transmit their respective evaluations of a Member State's initial assessment and subsequent reports to all Member States, indicating whether or not they deem the Member State concerned to have conducted an appropriate security risk and traffic flow analysis, and whether or not the Member State concerned has appropriately decided to apply targeted or systematic checks on the basis of that analysis.
Amendment 118 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
(1 a) The Commission shall publish an impact study on the impact of this Regulation on the flow of traffic on the entry and exit at Schengen external borders within one year after entry into force of this Regulation.
Amendment 120 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
This amending Regulation shall expire by default five years after entry into force and five years after each prolongation. The Council and European Parliament can decide, following a proposal of the Commission, to prolong the application of this Regulation. In case this amending Regulation lapses without prolongation, Regulation 562/2006 will apply as before the entry into force of this amending Regulation.