Activities of Marie-Christine VERGIAT related to 2016/0105(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/399 as regards the use of the Entry/Exit System PDF (627 KB) DOC (99 KB)
Amendments (43)
Amendment 23 #
Proposal for a regulation
Recital 2
Recital 2
(2) [Regulation (EU) N° XXX of the European Parliament and of the Council establishing the Entry/Exit System ('EES') to register entry and exit data and refusal of entry data of third country nationals needing a visa to enter the EU 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]9 aims at has the prime objective of creating a centralised system for the registration of entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the Union for a short stay [or for a stay on the basis of a touring visa]. _________________ 9 OJ L …
Amendment 27 #
Proposal for a regulation
Recital 5
Recital 5
(5) The establishment of an EES requires adapting the procedures for checking persons when crossing the external borders laid down in Regulation (EU) 2016/399. In particular, the EES aims to abolish on entry and exit the stamping of the travel documents of third country nationals admitted for a stay [or for a stay on the basis of a touring visa] by replacing it by the electronic recording of the entry and exit directly in the EES. However, stamping of travel document on refusal of entry of a third country national is maintained since it concerns higher risk travellers. Furthermore, the establishment of the interoperability between the EES and the Visa Information System (VIS) needs to be taken into account in the border checks procedures. Lastly, the EES opens the possibility to use new technologies for the border crossings of short stayLastly, the EES opens the possibility to use new technologies for the border crossings of short stay travellers. Use of these technologies should take into account the risks their use entail and their alleged dependability in terms of the fundamental rights of the persons concerned and this regardless of the situation of the travellers.
Amendment 28 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 33 #
Proposal for a regulation
Recital 8
Recital 8
(8) In addition, the tasks and roles of the border guards when making use of such technologies need to be defined. In this regard, it should be ensured that the results of border checks performed through automated means are available to border guards so as to enable them to take the appropriate decisions. In addition, there is a need to supervise the use of the automated border control systems, "self- service kiosks" and e-gates by travellers so as to prevent fraudulent behaviour and uses. In addition, when carrying out this supervision, border guards should pay particular attention to minors, and particularly unaccompanied minors, and should be placed in a position that should enable them to identify persons needing protection and ensure that human rights are respected when borders are being crossed.
Amendment 36 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 38 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 2 – point 22
Article 2 – point 22
22. ‘'Entry/Exit System (EES)' means the system established by [Regulation No° XXX of the European Parliament and of the Council establishing the Entry/Exit System (EES) the main aim of which is 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 the secondary and exceptional aim of which is to determininge the conditions for access to the EES for law enforcement pin which the enforcement authorities appointed by the Member States and the European Police Office (Europosesl) can access and consult the EES;
Amendment 42 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
1. Data on entry and exit of the following categories of persons shall be entered into the EES in accordance with Articles 14, 15, 17 and 18 of [Regulation establishing the Entry/Exit System (EES)]:
Amendment 43 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
Article 6a – paragraph 1 – point a
Article 6a – paragraph 1 – point a
(a) third country nationals admitted for a short stay pursuant to Article 6(1) [or for a stay on the basis of a touring visa];
Amendment 44 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
Article 6a – paragraph 1 – point b
Article 6a – paragraph 1 – point b
Amendment 45 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
Article 6a – paragraph 1 – point c
Article 6a – paragraph 1 – point c
Amendment 48 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
Article 6a – paragraph 2
Article 6a – paragraph 2
2. Data on third country nationals whose entry for a short stay or on the basis of a touring visa has been refused in accordance with Article 14 of this Regulation shall be entered in the EES in accordance with Article 16 of [Regulation establishing the Entry/Exit System (EES)].
Amendment 49 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
Article 6a – paragraph 3 – subparagraph 1 – point -a (new)
Article 6a – paragraph 3 – subparagraph 1 – point -a (new)
(-a) minors under the age of 16
Amendment 50 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
Article 6a – paragraph 3 – subparagraph 1 – point -a a (new)
Article 6a – paragraph 3 – subparagraph 1 – point -a a (new)
(-aa) persons applying for international protection;
Amendment 51 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
Article 6a – paragraph 3 – subparagraph 1 – point a
Article 6a – paragraph 3 – subparagraph 1 – point a
Amendment 52 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
Article 6a – paragraph 3 – subparagraph 1 – point b
Article 6a – paragraph 3 – subparagraph 1 – point b
Amendment 55 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
Article 6a – paragraph 3 – subparagraph 2
Article 6a – paragraph 3 – subparagraph 2
Amendment 56 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point i
Article 1 – paragraph 1 – point 3 – point b – point i
Regulation (EU) 2016/399
Article 8 – paragraph 3 – point a – subpoint -i – subparagraph 3
Article 8 – paragraph 3 – point a – subpoint -i – subparagraph 3
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point i
Article 1 – paragraph 1 – point 3 – point b – point i
Regulation (EU) 2016/399
Article 8 – paragraph 3 – point a – subpoint -ii – subparagraph 2
Article 8 – paragraph 3 – point a – subpoint -ii – subparagraph 2
If the residence permit contains an electronic storage medium (chip) the authenticity of the chip data shall be confirmed using the complete valid certificate chain, unless this is impossible, for technical reasons. The thorough checks on entry shall also comprise a systematic verification of the validity of the residence permit or long stay visa by consulting, in the SIS and in other relevant databases, information exclusively on stolen, misappropriated, lost and invalidated documents.[21 ] _________________ 21 These paragraphs may require further adjustments after the adoption of COM's proposal (2015)670/2
Amendment 59 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point i
Article 1 – paragraph 1 – point 3 – point b – point i
Regulation (EU) 2016/399
Article 8 – paragraph 3 – point a – subpoint iii
Article 8 – paragraph 3 – point a – subpoint iii
Amendment 61 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point ii
Article 1 – paragraph 1 – point 3 – point b – point ii
Regulation (EU) 2016/399
Article 8 – paragraph 3 – point a – subpoint iiia (new)
Article 8 – paragraph 3 – point a – subpoint iiia (new)
Amendment 63 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point iii
Article 1 – paragraph 1 – point 3 – point b – point iii
Regulation (EU) 2016/399
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
Amendment 64 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point iv
Article 1 – paragraph 1 – point 3 – point b – point iv
Regulation (EU) 2016/399
Article 8 – paragraph 3 – point g – subpoint i
Article 8 – paragraph 3 – point g – subpoint i
"(i) verification that the third country national is in possession of a document valid for crossing the border and that the document is accompanied, where applicable, by the requisite visa or residence permit. Verification of the document shall include the consultation of relevant databases, in particular the Schengen Information System; the Interpol database on stolen and lost travel documents; and national databases containing information on stolen, misappropriated, lost and invalidated travel documents.[23 ] Except for third country nationals whose exit is subject to a registration in the EES, if the travel document contains a facial image recorded in the electronic storage medium (chip) and if the facial image recorded in the chip can be legally and technically accessed, this verification shall include the verification of the facial image recorded in the chip, by comparing electronically this image with the live facial image of the concerned third country national .” _________________ 23This conditions is foreseen in the proposal (COM(2015)670/2) amending Article 7 of the SBC and will be part of the compulsory checks for persons enjoying the right of free movement. Depending on the final version of the text adopted, this sentence may require adjustments.
Amendment 66 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point vii
Article 1 – paragraph 1 – point 3 – point b – point vii
Regulation (EU) 2016/399
Article 8 – paragraph 3 – point i
Article 8 – paragraph 3 – point i
Amendment 67 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point viii
Article 1 – paragraph 1 – point 3 – point b – point viii
Regulation (EU) 2016/399
Article 8 – paragraph 9
Article 8 – paragraph 9
9. The border guard shall inform the third country national of the maximum number of days of the authorised short stay, having regard to the results of the consultation of the EES which shall take into account, for third country nationals holding a visa, the number of entries and the length of the stay authorised by the visa referred to in Article 6(1)(b),.";
Amendment 69 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2016/399
Article 8a – paragraph 1 – point c
Article 8a – paragraph 1 – point c
Amendment 70 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2016/399
Article 8a – paragraph 1 – point d
Article 8a – paragraph 1 – point d
Amendment 71 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2016/399
Article 8 – paragraph 2 – point c – subpoint ii
Article 8 – paragraph 2 – point c – subpoint ii
(ii) the residence cardtravel document presented for the border crossing shall contain a facial image recorded in the chip which can be technically accessed by the automated system so as to verify the identity of the holder of the residence permit or residence card, by comparing the facial image recorded in the chip and the live facial image.travel document;
Amendment 72 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2016/399
Article 8a – paragraph 3
Article 8a – paragraph 3
3. Where the conditions under paragraph 2 of this Article are met, the border checks on entry and exit provided for in Article 8(2) and the border crossing itself may be carried out using an automated border control system. When carried out by means of an automated border control system, the border check on entry and exit shall systematically include the verification that the person does not represent a genuine, present and sufficiently serious threat to the internal security, or public policy, international relations of the Member States or a threat to public health, including by consulting the relevant Union and national databases, in particular the Schengen Information System.[24] _________________ 24 A similar conditions is foreseen in the proposal (COM(2015)670/2) amending Article 7 of the SBC (further to the codification, current Article 8) and will be part of the compulsory checks for persons enjoying the right of free movement. Depending on the final version of the text adopted, this sentence may become redundant/obsolete.
Amendment 73 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2016/399
Article 8a – paragraph 5 – point b
Article 8a – paragraph 5 – point b
(b) when the results of the checks on entry or exit provided for under Article 8(2) question the identity of the person or when they reveal that the person represents a genuine, present and sufficiently serious threat to the internal security, or public policy, international relations of the Member States or a threat to public health;
Amendment 77 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2016/399
Article 8b – paragraph 1 – point d
Article 8b – paragraph 1 – point d
(d) the residence permit presented for the border crossing shall contain a facial image recorded in the chip which can be technically accessed by the automated system so as to verify the identity of the holder of the residence permit, by comparing the facial image recorded in the chip and the live facial image.;
Amendment 78 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2016/399
Article 8b – paragraph 4 – point b
Article 8b – paragraph 4 – point b
(b) when the results of the checks on entry or exit set out in paragraph 2 put into question the identity of the person or when they reveal that the person is considered to be a threat to the internal security, or public policy or to public health;
Amendment 80 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/399
Article 8c – paragraph 1 – point b
Article 8c – paragraph 1 – point b
(b) the travel document presented for the border crossing shall contain a facial image recorded in the chip which can be legally and technically accessed by the automated system so as to verify the identity of the holder of the travel document by comparing the facial image recorded in the chip and his or her live facial image.;
Amendment 81 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Amendment 82 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/399
Article 8 quater – paragraphe 4 – point b – sous-point b
Article 8 quater – paragraphe 4 – point b – sous-point b
Amendment 83 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Règlement (UE) 2016/399
Article 8c – paragraph 5
Article 8c – paragraph 5
Amendment 84 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) 2016/399
Article 8d – paragraph 1 – point b
Article 8d – paragraph 1 – point b
Amendment 86 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) 2016/399
Article 8d – paragraph 4 – point c
Article 8d – paragraph 4 – point c
(c) when the results of the checks on entry or exit underset out in paragraph 2 put into question the identity of the person or when they reveal that the person is considered to be a threat to the internal security, or public policy, international relations of any of the Member States or to public health;
Amendment 89 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2016/399
Article 8e – paragraph 2 – point c – point viii
Article 8e – paragraph 2 – point c – point viii
viii) the applicant is not considered to be a threat to public policy, internal security, or public health or the international relations of any of the Member States, and in particular where no alert has been issued in Member States’ national databases for the purpose of refusing entry on the same grounds.
Amendment 92 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2016/399
Article 8e – paragraph 2 – subparagraph 2
Article 8e – paragraph 2 – subparagraph 2
When verifying that the applicant fulfils conditions set out in points (a), (b) and (c), particular consideration shall be given to assessing whether the applicant presents a risk of illegal immigration or a risk to the security of the Member State(s) and whether the applicant intends to leave the territory of the Member State(s) during the authorised stay.
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2016/399
Article 8e – paragraph 2 – subparagraph 3
Article 8e – paragraph 2 – subparagraph 3
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EU) 2016/399
Article 9 – paragraph 3 a – point ii
Article 9 – paragraph 3 a – point ii
Amendment 99 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2016/399
Article 12
Article 12
Amendment 103 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) 2016/399
Article 14 – paragraph 3 – subparagraph 3
Article 14 – paragraph 3 – subparagraph 3
"Without prejudice to any compensation granted in accordance with national law, the third country national concerned shall, where the appeal concludes that the decision to refuse entry was ill-founded, be entitled to correction of the data inserted into the EES or of the cancelled entry stamp, or both, and any other cancellations or additions which have been made, by the Member State which refused entry. It must be possible for the person concerned to lodge a suspensive appeal at the earliest opportunity, while pending the correction referred to above it must not be possible for any measure to be taken against the person concerned based on the information being questioned."