BETA

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)
2016/11/22
Committee: LIBE
Dossiers: 2016/0105(COD)
Documents: PDF(627 KB) DOC(99 KB)

Amendments (43)

Amendment 23 #
Proposal for a regulation
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 …
2017/01/16
Committee: LIBE
Amendment 27 #
Proposal for a regulation
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.
2017/01/16
Committee: LIBE
Amendment 28 #
Proposal for a regulation
Recital 6
(6) During a period of six months after the EES has started operations, border guards should take into account the stays in the territories of the Member States during the six months preceding the entry or the exit by checking the stamps in the travel documents in addition to the entry/exit data recorded in the EES. Such measure should enable the required verifications to be carried out in those cases where a person would have been admitted for a short stay on the territory of the Member States in the six months preceding the start of operations of the EES. In addition there is a need to lay down specific provisions for those persons having entered the territory of the Member States and who have not yet exited it before the entry into operations of the system. In these situations, the last entry should also be recorded into the EES when exiting the territory of the Member States.deleted
2017/01/16
Committee: LIBE
Amendment 33 #
Proposal for a regulation
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.
2017/01/16
Committee: LIBE
Amendment 36 #
Proposal for a regulation
Recital 10
(10) This Regulation is without prejudice to the application of Directive 2004/38/EC of the European Parliament and of the Council10. _________________ 10Directive 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 (OJ L 158, 30.4.2004, p. 77).deleted
2017/01/16
Committee: LIBE
Amendment 38 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
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;
2017/01/16
Committee: LIBE
Amendment 42 #
Proposal for a regulation
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)]:
2017/01/16
Committee: LIBE
Amendment 43 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
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];
2017/01/16
Committee: LIBE
Amendment 44 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
Article 6a – paragraph 1 – point b
(b) third country nationals who are members of the family of a Union citizen to whom Directive 2004/38/EC applies and who do not hold a residence card pursuant to that Directive;deleted
2017/01/16
Committee: LIBE
Amendment 45 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
Article 6a – paragraph 1 – point c
(c) third country nationals who are members of the family of nationals of third countries enjoying the right of free movement under Union law and who do not hold a residence card pursuant to Directive 2004/38/EC.deleted
2017/01/16
Committee: LIBE
Amendment 48 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
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)].
2017/01/16
Committee: LIBE
Amendment 49 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
Article 6a – paragraph 3 – subparagraph 1 – point -a (new)
(-a) minors under the age of 16
2017/01/16
Committee: LIBE
Amendment 50 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
Article 6a – paragraph 3 – subparagraph 1 – point -a a (new)
(-aa) persons applying for international protection;
2017/01/16
Committee: LIBE
Amendment 51 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
Article 6a – paragraph 3 – subparagraph 1 – point a
(a) third country nationals who are members of the family of a Union citizen to whom Directive 2004/38/EC applies, who hold a residence card referred to in that Directive;deleted
2017/01/16
Committee: LIBE
Amendment 52 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
Article 6a – paragraph 3 – subparagraph 1 – point b
(b) third country nationals who are members of the family of nationals of third countries enjoying the right of free movement under Union law who hold a residence card referred to in Directive 2004/38/EC;deleted
2017/01/16
Committee: LIBE
Amendment 55 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
Article 6a – paragraph 3 – subparagraph 2
The data of the family members referred to in points (a) and (b) shall not be entered into the EES, even if they are not accompanying or joining the Union citizen or a third country national enjoying the right of free movement.deleted
2017/01/16
Committee: LIBE
Amendment 56 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point i
Regulation (EU) 2016/399
Article 8 – paragraph 3 – point a – subpoint -i – subparagraph 3
Except for third country nationals whose entry 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.deleted
2017/01/16
Committee: LIBE
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point i
Regulation (EU) 2016/399
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
2017/01/16
Committee: LIBE
Amendment 59 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point i
Regulation (EU) 2016/399
Article 8 – paragraph 3 – point a – subpoint iii
(iii) for persons whose entry or whose refusal of entry is subject to a registration in the EES pursuant to Article 6a of this Regulation, a verification of the identity of the person and, where applicable, an identification shall be carried out in accordance with Article 21(4) of [Regulation establishing the Entry/Exit System (EES)]."deleted
2017/01/16
Committee: LIBE
Amendment 61 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point ii
Regulation (EU) 2016/399
Article 8 – paragraph 3 – point a – subpoint iiia (new)
(ii) the following point (a)(iii a) is inserted after point (a)(iii): "(iii a) for persons whose entry or whose refusal of entry is subject to a registration in the EES pursuant to Article 6a of this Regulation, verification that the third country national has not already reached or exceeded the maximum duration of authorised stay in the territory of the Member States and, for third country nationals holding a single or double entry visa, verification that they have respected the number of the maximum authorised entries, by consulting the EES in accordance with Article 21 of [Regulation establishing the Entry/Exit System (EES) ]."deleted
2017/01/16
Committee: LIBE
Amendment 63 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point iii
Regulation (EU) 2016/399
Article 8 – paragraph 3 – point b
(iii) point (b) is replaced by the following: "(b) if the third country national holds a visa [or a touring visa] referred to in Article 6(1)(b) the thorough checks on entry shall also comprise the verification of the authenticity, territorial and temporal validity and status of the visa and, if applicable, of the identity of the holder of the visa, by consulting the VIS in accordance with Article 18 of Regulation (EC) No 767/2008 of the European Parliament and of the Council22" _________________ 22Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation).”deleted
2017/01/16
Committee: LIBE
Amendment 64 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point iv
Regulation (EU) 2016/399
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.
2017/01/16
Committee: LIBE
Amendment 66 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point vii
Regulation (EU) 2016/399
Article 8 – paragraph 3 – point i
(vii) point (i) is replaced by the following: "(d) for the purpose of identification of any person who may not fulfil, or who may no longer fulfil, the conditions for entry, stay or residence on the territory of the Member States, the VIS may be consulted in accordance with Article 20 of Regulation (EC) No 767/2008 and the EES may be consulted in accordance with Article 25 of [Regulation establishing the Entry/Exit System (EES) ]."deleted
2017/01/16
Committee: LIBE
Amendment 67 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point viii
Regulation (EU) 2016/399
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),.";
2017/01/16
Committee: LIBE
Amendment 69 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2016/399
Article 8a – paragraph 1 – point c
(c) third country nationals who are members of the family of a Union citizen to whom Directive 2004/38/EC applies, who hold a residence card referred to in that Directive;deleted
2017/01/16
Committee: LIBE
Amendment 70 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2016/399
Article 8a – paragraph 1 – point d
(d) third country nationals who are members of the family of nationals of third countries enjoying the right of free movement under Union law who hold a residence card referred to in Directive 2004/38/EC.deleted
2017/01/16
Committee: LIBE
Amendment 71 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2016/399
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;
2017/01/16
Committee: LIBE
Amendment 72 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2016/399
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.
2017/01/16
Committee: LIBE
Amendment 73 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2016/399
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;
2017/01/16
Committee: LIBE
Amendment 77 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2016/399
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.;
2017/01/16
Committee: LIBE
Amendment 78 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2016/399
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;
2017/01/16
Committee: LIBE
Amendment 80 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/399
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.;
2017/01/16
Committee: LIBE
Amendment 81 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
In addition, in accordance with Articles 21(4) of the [Regulation establishing the Entry/Exit System (EES)] where an identification in the EES is carried out, the following provisions shall apply: (a) for third country nationals who are subject to a visa requirement to cross the external borders, if the search in the VIS with the data referred to in Article 18(1) of Regulation (EC) No 767/2008 indicates that the person is recorded in the VIS, a verification of fingerprints against the VIS shall be carried out in accordance with Article 18 (5) of Regulation (EC) No 767/2008; In circumstances where a verification of the person pursuant to paragraph 2 of this Article failed, the border authorities shall access the VIS data for identification in accordance with Article 20 of Regulation (EC) No 767/2008. (b) for third country nationals who are not subject to a visa requirement to cross the external borders and who are not found in the EES further to the identification run in accordance with Article 25 of [Regulation establishing the Entry/Exit System (EES)] , the VIS shall be consulted in accordance with Article 19a of Regulation (EC) No 767/2008.deleted
2017/01/16
Committee: LIBE
Amendment 82 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/399
Article 8 quater – paragraphe 4 – point b – sous-point b
(b) that the live facial image of the person concerned corresponds to the facial image that was coldelected though the self service system;
2017/01/16
Committee: LIBE
Amendment 83 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Règlement (UE) 2016/399
Article 8c – paragraph 5
5. Where it results from the operations provided for in paragraphs 2, 3 and 4 that data on the person are recorded into the EES, the self-service system shall check whether one or more of the data listed under Articles 14(1) or 15(1) of the [Regulation establishing the Entry/Exit System (EES)] need to be updated. In addition, if it results that data on the person are recorded into the EES but that the third country national intends to cross for the first time after the creation of the individual file the external borders of a Member State which is subject to the application of Regulation (EC) No 767/2008, the VIS shall be consulted as referred to under Article 21(5) of the [Regulation establishing the Entry/Exit System (EES)].deleted
2017/01/16
Committee: LIBE
Amendment 84 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) 2016/399
Article 8d – 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/her live facial image;deleted
2017/01/16
Committee: LIBE
Amendment 86 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) 2016/399
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;
2017/01/16
Committee: LIBE
Amendment 89 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) 2016/399
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.
2017/01/16
Committee: LIBE
Amendment 92 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) 2016/399
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.
2017/01/16
Committee: LIBE
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) 2016/399
Article 8e – paragraph 2 – subparagraph 3
The means of subsistence for the intended stays shall be assessed according to the duration(s) and the purpose(s) of the envisaged stay(s) and by reference to average prices in the Member State(s) concerned for board and lodging in budget accommodation, on the basis of the reference amounts set by the Member States in accordance with Article 39(1)(c). A proof of sponsorship or private accommodation, or both, may also constitute evidence of sufficient means of subsistence.deleted
2017/01/16
Committee: LIBE
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Regulation (EU) 2016/399
Article 9 – paragraph 3 a – point ii
(ii) by way of derogation from Articles 8(3)(a)(iii) and 8(3)(g)(iv) for nationals of third countries holding a visa [or a touring visa] referred to in Article 6(1)(b), when technically possible, the verification of the identity of the holder of the visa shall be carried out by consulting directly the VIS in accordance with Article 18 of Regulation (EC) No 767/2008."deleted
2017/01/16
Committee: LIBE
Amendment 99 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 2016/399
Article 12
(12) Article 12 is replaced by the following: "Article 12 Presumptions as regards fulfilment of conditions of duration of stay 1. Without prejudice to Article 12a, if a third country national present on the territory of a Member State is not registered in the EES or the entry/exit record of the person does not contain an exit date following the date of expiry of the authorised length of stay, the competent authorities may presume that the person does not fulfil, or no longer fulfils, the conditions relating to duration of stay on the territory of the Member States. 2. This presumption shall not apply to a third country national who can provide, by any means, credible evidence that the person enjoys the right of free movement under Union law or that the person holds a residence permit or a long stay visa. Where applicable, Article 32 of [Regulation establishing the Entry/Exit System (EES)] shall be applied. 3. The presumption referred to in paragraph 1 may be rebutted where the person provides, by any means, credible evidence, such as transport tickets or proof of his or her presence outside the territory of the Member State or of the date of expiry of a previous residence permit or long stay visa, that he or she has respected the conditions relating to the duration of a short stay. In such situations the competent authorities shall apply the procedure laid down in Article 18 of [Regulation establishing the Entry/Exit System (EES)]. 4. If the presumption referred to in paragraph 1 is not rebutted, the third country national may be expelled by the competent authorities from the territory of the Member States concerned. A third country national who establishes that he or she enjoys the right of free movement under Union law may only be expelled by the competent border and immigration authorities of the territory of the Member State concerned in accordance with Directive 2004/38/EC.”deleted
2017/01/16
Committee: LIBE
Amendment 103 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) 2016/399
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."
2017/01/16
Committee: LIBE