Activities of Angelika MLINAR 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 (26)
Amendment 158 #
Proposal for a regulation
Recital 1
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 Schengen areaterritory of the EU Member States and which calculates the duration of their authorised stay. _________________ 20 COM (2008) 69 final
Amendment 171 #
Proposal for a regulation
Recital 7
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 and, the protection of personal data and the right to privacy.
Amendment 175 #
Proposal for a regulation
Recital 8
Recital 8
(8) The EES should apply to third- country nationals admitted for a short stay to the Schengen areaterritory of the Member States, regardless of whether or not they apply the Schengen acquis in full. It should also apply to third country nationals whose entry for a short stay has been refused.
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 212 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
Amendment 255 #
Proposal for a regulation
Recital 24 a (new)
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 260 #
Proposal for a regulation
Recital 25
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 in order to avoid the need for third country nationals to re-enrol in the EES before that period has lapsed181 days. For third country nationals who are family members of a Union citizen to whom Directive 2004/38/EC27 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, it is appropriate to store each coupled entry/ exit record for a maximum period of one year after the last exit. _________________ 27 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).
Amendment 264 #
Proposal for a regulation
Recital 26
Recital 26
(26) A five yearThe 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 Schengen area. The processing of visa application in consular posts requires also analysing the travel history of the applicant to assess the use of previous visas and the respect of the condishould be limited to what is necessary in relation to the purposes for which the data are processed. Data should be kept in a form which permits identifications of stay. The abandoning of passport stamping will be compensated by a consultation of the EES. The travel history available in the system should therefore cover a period of time which is sufficient for the purpose of visa issuance. The five year data retention period will reduce the re-enrolment frequency and will be beneficial for all travellers as the average border crossing time will decrease as will do the waiting time at border crossing points. Even for a traveller entering only once in the Schengen area, the fact that other travellers being already registered in the EES will not have to re- enrol will reduce the waiting time at borderdata subjects for no longer than necessary for the purposes for which the personal data are collected and should be processed in a manner that ensures appropriate security of personal data. Thise data retention period will also be necessary to allow for facilitation for the border crossing by using process accelerators and self-service systems. Such facilitation is dependent of the data registered in the system. A shorter data retention period would have a negative impact on the duratshould be retained for no longer than 181 days. Following the periond of border controls. A shorter data retention period would also reduce the group of travellers that can benefit of such facilitation and thereby undermine the stated objective of EES to facilitate border crossing181 days, the data should be immediately deleted.
Amendment 267 #
Proposal for a regulation
Recital 26
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 Schengen areaEU Member States. The processing of visa application in consular posts requires also analysing the travel history of the applicant to assess the use of previous visas and the respect of the conditions of stay. The abandoning of passport stamping will be compensated by a consultation of the EES. The travel history available in the system should therefore cover a period of time which is sufficient for the purpose of visa issuance. The five year data retention period will reduce the re-enrolment frequency and will be beneficial for all travellers as the average border crossing time will decrease as will do the waiting time at border crossing points. Even for a traveller entering only once in the Schengen areaterritory of the European Union, the fact that other travellers being already registered in the EES will not have to re-enrol will reduce the waiting time at border. This data retention period will also be necessary to allow for facilitation for the border crossing by using process accelerators and self-service systems. Such facilitation is dependent of the data registered in the system. A shorter data retention period would have a negative impact on the duration of border controls. A shorter data retention period would also reduce the group of travellers that can benefit of such facilitation and thereby undermine the stated objective of EES to facilitate border crossing.
Amendment 272 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 303 #
Proposal for a regulation
Recital 43
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 not be taken into account in the calculation of the duration of the authorised stay in the Schengen area. Such Member States should register in the EES the stay of third country nationals but the automated calculator in the system should not compute it as part of the authorised length of stay.
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 409 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 425 #
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 538 #
Proposal for a regulation
Article 29 – paragraph 3
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 Schengen areaterritory of the Union of a known 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 where there is a duly justified need to consult the entry/exit records of the person concerned.
Amendment 559 #
Proposal for a regulation
Article 30 – paragraph 4 a (new)
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 563 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Each entry/exit record or refusal of entry record linked to an individual file shall be stored for five years181 days, following the date of the exit record or of the refusal of entry record, as applicable.
Amendment 570 #
Proposal for a regulation
Article 31 – paragraph 2
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 five years and one181 days following the date of the last exit record if there is no entry record within five years from that last exit record or refusal of entry record.
Amendment 576 #
Proposal for a regulation
Article 31 – paragraph 3
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 year181 days following the last day of the authorised stay. The EES shall automatically inform the Member States three months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures.
Amendment 630 #
Proposal for a regulation
Article 38 – paragraph 2 – point b
Article 38 – paragraph 2 – point b
(b) the third country or international organisation agrees to use the datais able to guarantee and prove that the data are used only for the purpose for which they were provided;
Amendment 656 #
Proposal for a regulation
Article 46 – paragraph 2
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 one month14 days.
Amendment 663 #
Proposal for a regulation
Article 46 – paragraph 6
Article 46 – paragraph 6
6. Any request made pursuant to paragraphs 1 and 2 shall contain the necessary information to identify the person concerned, including fingerprintsdata subject. That information shall be used exclusively to enable t the exercise of the rights referred to in paragraphs 1 and 2 and shall be erased immediately afterwards.
Amendment 668 #
Proposal for a regulation
Article 49 – paragraph 2
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 fourtwo years.
Amendment 676 #
Proposal for a regulation
Article 53 – paragraph 1
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 708 #
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, data protection and quality of service.
Amendment 714 #
Proposal for a regulation
Article 64 – paragraph 5
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 recommendations. The Commission shall transmit the evaluation report to the European Parliament and the Council, the Council, the European Data Protection Supervisor and the European Agency for Fundamental Rights.