Considerations on COM(2013)96 - Amending Regulation (EC) No 562/2006 as regards the use of the Entry/Exit System (EES) and the Registered Traveller Programme (RTP)

Please note

This page contains a limited version of this dossier in the EU Monitor.

 
dossier COM(2013)96 - Amending Regulation (EC) No 562/2006 as regards the use of the Entry/Exit System (EES) and the Registered Traveller Programme ...
document COM(2013)96 EN
date February 28, 2013
 
(1) Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)[1] lays down the conditions, criteria and detailed rules for the crossing of the external borders of the Member States.

(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 of third country nationals crossing the external borders of the Member States of the European Union] aims at the creation of a centralised system for the registration of entry and exit data of third country nationals crossing the external borders of the Member States of the European Union for a short stay.

(3) [Regulation (EU) N° XXX of the European Parliament and the Council establishing a Registered Traveller Programme] aims at facilitating the border crossing for frequent, pre-vetted and pre-screened third country nationals at the external borders of European Union optionally by using automated border crossing facilities.

(4) In order to carry out checks on third-country nationals in accordance with Regulation (EC) No 562/2006, which include the verification that the third-country national has not exceeded the maximum duration of authorised stay in the territory of the Member States, border guards should use all the information available, including data in the EES and the RTP.

(5) To ensure full effectiveness of the EES and RTP, entry and exit checks need to be carried out in a harmonised way at the external borders.

(6) The establishment of an EES and a RTP entails the need to adapt the procedures for checking persons when crossing the external borders laid down in Regulation 562/2006. This applies in particular to the replacement of the stamping of passports on entry and exit by the registration of alphanumeric and biometric data of certain third country nationals and the possible use of automated border crossing means.

(7) Regulation (EC) No 562/2006 should therefore be amended accordingly.

(8) Taking into account the different situation in the Member States and at different border crossing points within the Member States concerning the number of third country nationals crossing the borders, Member States should be able to decide whether and to what extent to make use of technologies such as automated border crossing facilities.

(9) Since the objective of this Regulation, namely to provide for amendments to the existing rules of the Schengen Borders Code, can only be achieved at Union level, the European Union may adopt measures 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 also set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective.

(10) In accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law.

(11) This Regulation constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis ; the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

(12) This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis ; Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

(13) As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis , which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement.

(14) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC of 17 May 1999 read in conjunction with Article 3 of Council Decision 2008/146/EC.

(15) As regards Liechtenstein, this Regulation constitutes a development of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point A, of Council Decision 1999/437/EC of 17 May 1999, read in conjunction with Article 3 of Council Decision 2011/350/EU.

(16) As regards Cyprus, as concerns the aspects related to the Registered Traveller Programme, this Regulation constitutes an act building on the Schengen acquis or otherwise related to it, as provided for by Article 3(2) of the 2003 Act of Accession.

(17) As regards Bulgaria and Romania, as concerns the aspects related to the Registered Traveller Programme, this Regulation constitutes an act building on the Schengen acquis or otherwise related to it, as provided for by Article 4(2) of the 2005 Act of Accession.