BETA

Activities of Helga STEVENS related to 2016/0357A(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2016/0357A(COD)

Shadow reports (1)

2016/11/22
Committee: LIBE
Dossiers: 2016/0357A(COD)
Documents: PDF(1 MB) DOC(285 KB)

Amendments (30)

Proposal for a regulation
Recital 30

(30) When, in exceptional circumstances, a Member State considers necessary to allow a third country national to travel to its territory on humanitarian grounds in accordance with international law, for reasons of national interest or because of international obligations, it should have the possibility to issue a travel authorisation with limited territorial and temporal validity. Reasons relating to international protection should not be classified as humanitarian reasons in the context of the granting of travel authorisations with limited territorial validity.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) refugees and stateless persons where the third country in which they reside and which issued their travel document is one of the third countries listed in Annex II to Regulation (EC) No 539/2001 and who are exempted from the visa requirement pursuant to Article 4(2)(b) of that Regulation for an intended stay within the territory of the Member States of a maximum of 90 days within a period of 180 days;

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 1 – point l

(l) 'terrorist offences' mean the offences which correspond or are equivalent to those referred to in Articles 1 to 4 of ~~Framework Decision 2002/475/JHA~~Directive (EU) 2017/541;

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 1 – point n a (new)

(na) ‘irregular migration’ means the risk that stateless persons may seek asylum in one of the Member States while the third country in which they are residing and which has issued their travel documents can be classified as safe pursuant to Article 33(2)(c)(ij)(38) of the Asylum Procedure Directive, 2013/32/EU.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 7 – paragraph 2 – point b

(b) verifying travel authorisations' applications rejected from the automated process in order to determine whether the applicant personal data corresponds to the personal data of the person having triggered a hit in one of the consulted information systems/databases or the specific risk indicators referred to in Article 28, and if necessary initiating the manual procedure further to Article 22;

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 8 – paragraph 2 – point b

(b) examining and deciding on applications for travel authorisation~~s' applications rejected by the automated application process, and carrying out~~ where there is a hit or persistent uncertainty, and starting-up by the central ETIAS unit of the manual risk assessment referred to in Article 22;

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 1

Interoperability between the ETIAS Information System and other information systems consulted by ETIAS such as [the Entry/Exit System (EES)], the Visa Information System (VIS), the Europol data, the Schengen Information System (SIS), [the Eurodac] and [the European Criminal Records Information System (ECRIS)] shall be established to enable carrying out the risk assessment referred to in Article 18.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 11 – paragraph 1 a (new)

1a. Immigration authorities shall have access to the central ETIAS System in order to ascertain the travel authorisation status of a traveller.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 11 – paragraph 2 a (new)

2a. If supplementary checks are needed for the purpose of a thorough second line check further to Article 2(13) of Regulation (EU) 2016/399, border control officials shall secure access to the data referred to in Article 15(2) and Article 15(4)(b) to (d), inter alia further to Articles 33 and 37.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 13 a (new)

Article 13a Holders of a valid travel authorisation shall be informed automatically, by electronic means, of the expiry of their travel authorisation, and shall be invited to submit a fresh application if they wish.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 15 – paragraph 1 a (new)

1a. Applicants shall also declare that they understand that they may still be denied entry at the border, despite being in possession of a valid ETIAS travel authorisation, pursuant to Article 6 of the Schengen Borders Code 2016/399.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 15 – paragraph 2 – point i

(i) current occupation, job title and name of employer, and for students the academic institution;

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 15 – paragraph 3

3. The applicant shall choose the level and field of education, the current occupation ~~and~~, the job title and the reason for entry from a predetermined list. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to lay down these predetermined lists.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 19 – paragraph 2

2. Where the automated processing laid down in Article 18(2) to (5) reports one or several hit(s), including if, where Article 18(3) is applied, no hit is yielded but one of the questions further to Article 15(4) has been answered in the affirmative, the application shall be assessed in accordance with the procedure laid down in Article 20, and in the event of persistent doubt or an affirmative hit, Article 22.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 19 – paragraph 3

3. Where the automated processing laid down in Article 18(2) to (5) is inconclusive because the ETIAS Central System is not in a position to certify that the data recorded in the application file correspond to the data triggering a hit, the application shall be assessed in accordance with the procedure laid down in Article 20.deleted

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 22 – paragraph 1

1. The Member State responsible for the manual processing of applications pursuant to this Article (the 'responsible Member State') shall be the Member State which has supplied the data that led to the hit or, where there is none, the Member State of first entry as declared by the applicant in accordance with Article 15(2)(j).

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 23 – paragraph 3

3. The ETIAS National Unit shall process the additional information or documentation within 7296 hours of the date of the submission by the applicant.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 24 – paragraph 1

1. ~~For the purpose of carrying out the assessment referred to in Article 22(4)(b) the ETIAS National Unit of the responsible Member State shall consult the authorities of the Member State(s) responsible~~ If different Member States have supplied data which are responsible for a hit, the central ETIAS Unit shall inform the dnat~~a having trigg~~ional ETIAS Units concerned a ~~hit pursuant to Article 18(2)(d),(e),(g),(h),(i) or (k)~~nd thus initiate consultation between them.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 24 – paragraph 2

2. For the purpose of carrying out the assessment referred to in Article 22(4)(b), (6) and (7) the ETIAS National Unit of the responsible Member State may consult the authorities of one or several Member States.deleted

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 24 – paragraph 3

3. Where the responsible Member State consults with one or several Member States during the manual processing of an application, the ETIAS National Units of those Member States shall have access to the relevant data of the application file as well as to the hits obtained by the automated system pursuant to Article 18 (2), (4) and (5) which are necessary for the purpose the consultation. The ETIAS National Units of the Member States consulted shall also have access to the relevant additional information or documentation provided by the applicant following a request from the responsible Member State in relation to the matter for which they are being consultedThe ETIAS National Units of those Member States shall have access to the application file.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 24 – paragraph 5

5. The ETIAS National Unit of the Member States consulted shall reply within 24 hours from the date of the notification of the consultation. The failure by Member States to reply within the deadline shall be considered as a positive opinion on the application.deleted

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 26 – paragraph 1 – introductory part

Within 7296 hours of the date of the lodging of an application which is admissible in accordance with Article 17, the applicant shall receive a notification indicating:

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 27 – paragraph 1

1. Applications shall be decided on no later than 7296 hours after the lodging of an application which is admissible in accordance with Article 17.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 30 – paragraph 2

2. A travel authorisation shall be valid for ~~fiv~~three years or until the end of validity of the travel document registered during application, whichever comes first, and shall be valid for the territory of the Member States.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 38 – paragraph 1

1. A travel authorisation with limited territorial validity may be issued exceptionally, when the Member State concerned considers it necessary on humanitarian grounds in accordance with national law, for reasons of national interest or because of international obligations notwithstanding the fact that the manual assessment process pursuant to Article 22 is not yet completed or that a travel authorisation has been refused, annulled or revoked.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 38 – paragraph 5 – point d a (new)

(da) the reasons why, if applicable, it was decided not to grant travel authorisation under the regular procedure, indicating therefore that the applicant presents a risk from the point of view of irregular migration, security or public health.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 39 – paragraph 1

1. ~~In accordance with Article 26 of the Convention Implementing the Schengen Agreement carriers shall consult~~Transport companies which convey groups of people by land, sea and air, including by aircraft, bus, train or ferry, shall send a request to the ETIAS Central System in order to verify whether or not third country nationals subject to the travel authorisation requirement are in possession of a valid travel authorisation.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 41 – paragraph 2

2. The ETIAS Central System shall respond by indicating whether or not the person has a valid travel authorisation and, if applicable, for which Member State if they hold a travel authorisation with limited territorial validity.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 41 – paragraph 2 a (new)

2a. If supplementary checks are needed for the purpose of a thorough second line check further to Article 2(13) of Regulation (EU) No 2016/399, border control officials shall secure access to the data referred to in Article 15(2) and Article 15(4)(b) to (d), inter alia further to Articles 33 and 37.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 46 – paragraph 2 – point c

(c) the consultation shall be limited to searching with data referred to in Article 45(2) and (3);

2017/10/04
Committee: LIBE