Annexes to COM(2016)196 - Amendment of Regulation (EU) 2016/399 as regards the use of the Entry/Exit System

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dossier COM(2016)196 - Amendment of Regulation (EU) 2016/399 as regards the use of the Entry/Exit System.
document COM(2016)196 EN
date November 30, 2017
Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (see page 20 of this Official Journal).

(5) Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004, p. 5).

(6) 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).

(7) 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 (OJ L 131, 1.6.2000, p. 43).

(8) 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 (OJ L 64, 7.3.2002, p. 20).

(9) OJ L 176, 10.7.1999, p. 36.

(10) Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).

(11) OJ L 53, 27.2.2008, p. 52.

(12) Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, 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 (OJ L 53, 27.2.2008, p. 1).

(13) OJ L 160, 18.6.2011, p. 21.

(14) Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, 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, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).

(15) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

(*1)  Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20).’;

(*2)  Regulation (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) (OJ L 218, 13.8.2008, p. 60).’;

(*3)  Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (OJ L 157, 27.5.2014, p. 1).

(*4)  Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purpose of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21).

(*5)  Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention (OJ L 405, 30.12.2006, p. 1).

(*6)  Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common Manual (OJ L 99, 17.4.2003, p. 8).’;

(*7)  Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).’;


ANNEX

Annexes to Regulation (EU) 2016/399 are amended as follows:

1.in Annex III, the following Parts are added:

‘PART D

Part D1: Automated border control lanes for EU/EEA/CH citizens

Stars are not required for Switzerland, Liechtenstein, Norway and Iceland

Part D2: Automated border control lanes for third-country nationals

Part D3: Automated border control lanes for all passports

Part E: Lanes for Registered Travelers

’.

2.Annex IV is amended as follows:

(a)point 1 is replaced by the following:

‘1.The travel document of a third-country national who is a holder of a Facilitated Rail Transit Document issued in accordance with Regulation (EC) No 693/2003 shall be stamped on entry and exit. The travel document of a third-country national who is a holder of a valid Facilitated Transit Document issued in accordance with Regulation (EC) No 693/2003 and who performs his or her transit by train and does not disembark within the territory of a Member State shall also be stamped on entry and exit. Moreover, where provided expressly by its national law, a Member State may stamp on entry and exit the travel document of a third-country national holding a residence permit or a long-stay visa issued by that same Member State in accordance with Article 11 of this Regulation.

The travel documents of a third-country national entering or exiting, on the basis of a national short-stay visa issued for one or two entries, the territory of a Member State not yet fully applying the Schengen acquis but operating the EES shall be stamped on entry and on exit.’;

(b)the following point is inserted:

‘1a.The specifications of those stamps are laid down in the Schengen Executive Committee Decision SCH/COM-EX (94) 16 rev and SCH/Gem-Handb (93) 15 (CONFIDENTIAL).’;

(c)the following point is inserted:

‘2a.On the entry and exit of third-country nationals subject to the visa obligation and to the stamping obligation, the stamp shall be affixed on the page facing the one on which the visa is affixed. However, if that page cannot be used, the stamp shall be entered on the following page. The machine readable zone shall not be stamped.’;

(d)point 3 is deleted.

3.Annex V is amended as follows:

(a)Part A is amended as follows:

(i)point (b) of point 1 is replaced by the following:

‘(b)for third-country nationals whose entry for a short stay has been refused, register in the EES the data on refusal of entry in accordance with Article 6a(2) of this Regulation and Article 18 of Regulation (EU) 2017/2226;’;

(ii)point (d) of point 1 is replaced by the following:

‘(d)for third-country nationals whose refusals of entry are not to be registered into the EES, affix an entry stamp on the passport, cancelled by a cross in indelible black ink, and write opposite it on the right-hand side, also in indelible ink, the letter(s) corresponding to the reason(s) for refusing entry, the list of which is given on the standard form for refusing entry as shown in Part B of this Annex. In addition, for these categories of persons, the border guard shall record every refusal of entry in a register or on a list stating the identity and nationality of the third-country national concerned, the references of the document authorising the third-country national to cross the border and the reason for, and date of, refusal of entry.’;

(iii)in point 1, the following subparagraph is added:

‘The practical arrangements for stamping are set out in Annex IV.’;

(b)in Part B, the Standard form for refusal of entry at the border is amended as follows:

(i)after letter (I), the following text is added:

‘(J)has refused to provide biometric data, if required

for the creation of the individual file in the Entry/Exit System

to carry out the border checks.’;

(ii)in the section entitled ‘Comments’, the following text is added below the word ‘Comments’:

‘(to be marked by the border guard if data is stored in the Entry/Exit System)

The person concerned is hereby informed that her/his personal data and information on this refusal of entry are entered in the Entry/Exit System in accordance with Article 18 of Regulation (EU) 2017/2226.

In accordance with Article 52 of Regulation (EU) 2017/2226, the person concerned has the right to obtain the data relating to her/him which are recorded in the Entry/Exit System and may request that data relating to her/him which are inaccurate be rectified and that data recorded unlawfully be erased.’.

4.point 1 of Annex VII is replaced by the following:

‘1.Heads of State, Heads of Government and members of national government with accompanying spouses, and members of their official delegation, and sovereigns and other senior members of a royal family

By way of derogation from Article 6 and Articles 8 to 14, Heads of State, Heads of Government and members of national government with accompanying spouses, and members of their official delegation, and sovereigns and other senior members of a royal family, invited by Member States’ governments or by international organisations for an official purpose and whose arrival and departure have been officially announced through diplomatic channels, shall not be subject to border checks.’.