Activities of Eleftherios SYNADINOS related to 2016/0106(COD)
Plenary speeches (2)
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) EL
Establishing an Entry/Exit System (EES) to register entry and exit data of third country nationals crossing the EU external borders (A8-0057/2017 - Agustín Díaz de Mera García Consuegra) EL
Amendments (35)
Amendment 161 #
Proposal for a regulation
Recital 2
Recital 2
(2) The European Council of 19 and 20 June 2008 underlined the importance of continuing to work on the development of the EU's integrated border management strategy, including betterthe best and most effective use of modern technologies to genuinely improve the management of external borders with emphasis on protection against external threats to public safety and health and better control of legal border crossings.
Amendment 168 #
Proposal for a regulation
Recital 7
Recital 7
(7) It is necessary to specify clearly and from the outset the objectives of the Entry/Exit System (EES) and its technical architecture, to lay down rules concerning its operation and uscope and to define the exact responsibilities for the system, the categories and types 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 recording, management, processing and use and the protection of personal data.
Amendment 172 #
Proposal for a regulation
Recital 8
Recital 8
(8) The EES should apply to all third country nationals admitted for a short stay to the Schengen area. It should also apply to third country nationals whose entry for a short stay has been refused and their details should be also made available for further processing with a view to averting any possible danger.
Amendment 188 #
Proposal for a regulation
Recital 9
Recital 9
(9) The EES should have the objective of improving the management of external borders, preventing and limiting irregular immigration and facilitating the management of legal migration flows. The EES should, in particular and when relevant, contribute to the identification of any person who doesmay not, or may no longer fulfils the conditions of duration of stay within the territory of the Member States and forward the information to the competent authorities.
Amendment 194 #
Proposal for a regulation
Recital 10
Recital 10
(10) To meet those objectives, the EES should process alphanumeric data and biometric data (fingerprints and facial image). The use of biometrics, despite its impact on the privacy of travellers, is justified and acceptable for two reasons. Firstly, biometrics are a reliable method to identify third country nationals within the territory of the Member States not in possession of travel documents or any other means of identification, a common modus operandi of irregular migrants. Secondly, biometrics provide for the more reliable matching of entry and exit data of legal travellers. Where facial images are used in combination with fingerprint data, it allows for the reduction of fingerprints registered while enabling the same result in terms of accuracy of the identification.
Amendment 199 #
Proposal for a regulation
Recital 11
Recital 11
(11) Four fingerprints of visa exempt third country nationals should be enrolled in the EES, if physically possible, to allow for accurate verification and identification (ensuring that the third country national is not already enrolled under another identity or with another travel document) and to guarantee that sufficient data is available in every circumstance. The check of the fingerprints of visa holders will be done against the Visa Information System. (VIS) established by Council Decision 2004/512/EC21. The facial image of both visa exempt and visa holding third country nationals should be registered in the EES and it should be used as the main biometric identifier for verifying the identity of third country nationals who have been previously registered in the EES and for as long as their individual file has not been deleted. Alternatively, that verification should be performed using fingerprints. The recording of additional biometric data must in future be reconsidered as a possibility. _________________ 21 Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004, p.5).
Amendment 204 #
Proposal for a regulation
Recital 12
Recital 12
(12) The EES should consist of a Central System, which will operate a computerised central database ofand biometric and alphanumeric data, bank a National Uniform Interface in each Member State, a Secure Communication Channel between the EES Central System and the VIS Central System and the Communication Infrastructure between the Central System and the National Uniform Interfaces. Each Member State should connect its national border infrastructures securely to the National Uniform Interface.
Amendment 216 #
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation should define the authorities of the Member States which may be authorised to have access to the EES to enter, amend, delete or consult data for the specific purposes of the EES and to the extent necessary for the performance of their tasks. This Regulation should also facilitate joint data processing following justification and approval in the public interest, over and above specific TEU objectives.
Amendment 221 #
Proposal for a regulation
Recital 15
Recital 15
(15) Any processing of EES data should be proportionate to the objectives pursued and necessary for the performance of tasks of the competent authorities. When using the EES, the competent authorities should ensure that the human dignity and integrity of the person, whose data are requested, are respected and should not discriminate against persons on grounds of sex, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientationand should safeguard fundamental rights as set out and upheld by the Treaties.
Amendment 238 #
Proposal for a regulation
Recital 18
Recital 18
(18) Access to the EES for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences constitutes an interference with the fundamental rights to respect for the private life of individuals and to protection of personal data of persons whose personal data are processed in the EES. Any such interference must be in accordance with the law, which must bespecific and targeted, formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise. Any interference must be necessary in a democratic society to protect a legitimate and proportionate interest and proportionate to the legitimate objective to achieve, any impact on fundamental rights remaining within the limits necessary to ensure their lasting protection.
Amendment 261 #
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 fiveten 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 lapsed. 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 maxinimum 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 268 #
Proposal for a regulation
Recital 26
Recital 26
(26) A fiveten 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 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 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 fiveten 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 probably reduce the total 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 274 #
Proposal for a regulation
Recital 27
Recital 27
(27) The same retention period of fiveten 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 fiveten years, unless there are grounds to delete it earlierlater, principally for the purpose of helping the authorities find and identify those who have exceeded the authorised admission period and for possible crime prevention.
Amendment 281 #
Proposal for a regulation
Recital 29
Recital 29
(29) RThe possibility of introducing rules on the liability of the Member States authorities and the Union in respect to damage arising from any breach of this Regulation should be laid downexamined.
Amendment 289 #
Proposal for a regulation
Recital 32
Recital 32
(32) Personal data obtained by Member States pursuant to this Regulation should not be transferred or made available to a third country, an international organisation or, any private party or other third party established in or outside the Union except if necessaryabsolutely necessary and legally justified in individual cases in order to assist the identification of a third country national in relation to his/her return and subject to strict conditions.
Amendment 291 #
Proposal for a regulation
Recital 34
Recital 34
(34) The independent supervisory authorities established in accordance with Article 28 of Directive 95/46/EC should monitor the lawfulness of the processing of personal data by the Member States, whilst the European Data Protection Supervisor as established by Regulation (EC) No 45/2001 should monitor the activities of the Union institutions and bodies in relation to the processing of personal data. The European Data Protection Supervisor and the supervisory authorities should cooperate with each other in the monitoring of the EESeffectively dovetail their operations in the monitoring of the EES without encroaching on each other’s areas of responsibility.
Amendment 296 #
Proposal for a regulation
Recital 38
Recital 38
(38) The effective monitoring of the application of this Regulation requires periodic evaluation at regular intervals. The. Member States should lay down and implement rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implementedis Regulation.
Amendment 297 #
Proposal for a regulation
Recital 39
Recital 39
(39) In order to ensure uniform conditions for the implementation of this Regulation, certain implementing powers should be conferred on the Commission in line with the principle of proportionality. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council32. _________________ 32 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 298 #
Proposal for a regulation
Recital 40
Recital 40
(40) The establishment of a common EES and the creation of common obligations, conditions and procedures for use of data cannot only with difficulty be sufficiently achieved by the Member States as things now stand and can therefore, by reason of the scale and impact of the action, be better achieved more quickly and effectively at Union level in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, the Regulation does not go beyond what is necessary in order to achieve this objective.
Amendment 299 #
Proposal for a regulation
Recital 41
Recital 41
(41) Following the entry into operation of the Entry/Exit System, Article 20(2) of the Convention implementing the Schengen Agreement should be amended as it is incompatible with Article 77(2)(a) and (c) of the Treaty on Functioning of the European Union due to the fact that the common policy on visas cannot generally be based on the existence or non-existence of bilateral visa waiver agreements concluded by Member States and the authorised length of stay of third country nationals should not depend on the number and content of such bilateral agreements. Furthermore tAgreements already in place can be maintained and renewed through the issuing of a reasoned opinion by the competent national authorities. The Entry/Exit system could notwill have to take into account of and calculate the authorised length of stay of visa free third country nationals benefiting from such agreements, which are at the discretion of the Member States, and they should be eliminated.
Amendment 301 #
Proposal for a regulation
Recital 42
Recital 42
(42) The projected costs of the EES are lower than the budget earmarked for Smart Borders in Regulation (EU) 515/2014 of the European Parliament and the Council33. Accordingly, following the adoption of this Regulation, pursuant to Article 5(5)(b) of Regulation (EU) 515/2014, the Commission should, by means of a delegated act, re-allocate to other measures related to the prevention, combating and management of illegal immigration the amount currently earmarked for developing IT systems supporting the management of migration flows across the external borders. _________________ 33 Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing as part of the Internal Security Fund, the Instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).
Amendment 312 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes an 'Entry/Exit System' (EES) for the recording and storage of information on the date, time, means and place of entry and exit of third country nationals crossing the external borders of the Member States, for the calculation of the duration of their stay, and for the generation of alerts to Member States whenas soon as authorised periods for stay have expired as well as for the recording of the date, time and place of refusal of entry of third country nationals whose entry for a short stay or on the basis of a touring visa has been refused as well as the authority of the Member State which refused the entry and the reasons for the refusal.
Amendment 356 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
By recording, storing and providing access to Member States to the date, time, means and place of the entry and exit and refusals of entry of third country nationals at external borders, the EES shall:
Amendment 382 #
(l) enable generating information on travel histories of terrorist, criminal suspects as well as of victims for investigations related to the protection of public safety, terrorism or serious crime.
Amendment 392 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Each Member State shall designate the competent national authorities, including border, visa and immigration authorities. The duly authorised staff shall have access to the EES to enter, amend, delete or, consult or process data. Each Member State shall communicate a list of these authorities to eu-LISA without delay. That list shall specify for which purpose each authority shall have access to the data in the EES.
Amendment 393 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Each competent authority authorised to access the EES shall ensure that the use of the EES is necessary, appropriate and proportionate and that each access operation meets traceability requirements.
Amendment 396 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Each competent authority shall ensure that in using the EES, it does not excessively or unjustifiably discriminate against third country nationals on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation and that it fully respects human dignity and the integrity of the personand ensures protection of their fundamental rights. Particular attention shall be paid to the specific situation of children, the elderly and, persons with a disability and vulnerable adults. In particular, when retaining a child's data, the best interest of the child shall be a primary consideration.
Amendment 406 #
Proposal for a regulation
Article 10 – paragraph 2 – point a a (new)
Article 10 – paragraph 2 – point a a (new)
(aa) inform the competent authorities should third country nationals fail to leave the territory on expiry of the maximum admission period;
Amendment 562 #
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 fiveten years following the date of the exit record or of the refusal of entry record, as applicable.
Amendment 569 #
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 fiveten years and one day following the date of the last exit record if there is no entry record within fiveten years from that last exit record or refusal of entry record.
Amendment 577 #
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 fiveten years following the last day of the authorised stay. The EES shall automatically inform the Member States threesix months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures.
Amendment 593 #
Proposal for a regulation
Article 32 – paragraph 6 – introductory part
Article 32 – paragraph 6 – introductory part
6. Where a third country national has acquired the nationality of a Member State or has fallen under the scope of Article 2(3) before the expiry of the period referred to in Article 31, the individual file and the records linked to it in accordance with Articles 14 and 15 shall be deleted without delay from the EES as well as, where applicable, from the list of identified persons referred to in Article 11:
Amendment 594 #
Proposal for a regulation
Article 32 – paragraph 7
Article 32 – paragraph 7
7. The Central System shall immediately inform all Member States of the erasure of data from the EES and where applicable from the list of identified persons referred to in Article 11. The data shall be erased six months after all Member States have been informed.
Amendment 625 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Data stored in the EES shall not be transferred or made available to a third country, to an international organisation or any, to a private party or to a third party inside or outside the Union, unless necessary under the exceptional circumstances provided for in this regulation.
Amendment 635 #
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.