Sittings · Document

Draft report (COM(2024)0567 – 2024/0315(COD)) 2025-03-28

Temporary derogation from certain provisions of Regulation (EU) 2017/2226 and Regulation (EU) 2016/399 as regards a progressive start of operations of the Entry/Exit System

Committee on Civil Liberties, Justice and Home Affairs

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AM_Com_LegReport

Amendment 29

Özlem Demirel

Draft legislative resolution

Paragraph 1

Draft legislative resolution

Amendment

1. Adopts its position at first reading hereinafter set out;

1. Rejects the Commission proposal;

Or. en

Amendment 30

Marieke Ehlers

on behalf of the PfE Group

Nikola Bartůšek

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) However, the Commission has not received all notifications pursuant to Article 66(1), point (c), of Regulation (EU) 2017/2226, which is one of the conditions for deciding on the start of operations of the EES. Furthermore, initiating a “big bang” approach by launching full-scale operations overnight may compromise the overall resilience of the system.

Or. en

Justification

Regardless of the notifications received, it is preferable to adopt a progressive approach when introducing a complex system that is linked to critical infrastructure.

Amendment 31

Özlem Demirel

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) To provide Member States with the necessary flexibility to start using the EES according to their level of readiness and facilitate technical and operational adjustments when starting to operate the EES, it is necessary to lay down rules for a progressive start of operations of the EES. To ensure these adjustments reflect potential travel flows and seasonal peaks, such a progressive start should have a duration of 180 calendar days.

Or. en

Amendment 32

Alice Teodorescu Måwe

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) To provide Member States with the necessary flexibility to start using the EES according to their level of readiness within a clearly defined time period and facilitate technical and operational adjustments when starting to operate the EES, it is necessary to lay down rules for a progressive start of operations of the EES. To ensure these adjustments reflect potential travel flows and seasonal peaks, such a progressive start should have a duration of 180 calendar days.

Or. en

Amendment 33

Jan-Christoph Oetjen, Lucia Yar, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Moritz Körner

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) To minimize the delay and facilitate technical and operational adjustments when starting to operate the EES, it is necessary to lay down rules for a progressive start of operations of the EES to facilitate the timely roll-out in all Member States. To ensure these adjustments reflect potential travel flows and seasonal peaks, such a progressive start should have a duration of 180 calendar days.

Or. en

Amendment 34

Francisco Assis

on behalf of the S&D Group

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) In order to ensure a smooth launch of the EES, to provide Member States with a level of flexibility when they first start using the EES, and to allow for technical and operational adjustments once the EES is in operation, it is necessary to lay down rules for a progressive start of operations of the EES. To ensure these adjustments take account of potential travel flows and seasonal peaks, such a progressive start should have a duration of 180 calendar days.

Or. en

Amendment 35

Erik Marquardt

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) To enable a progressive start of operations of the EES it is therefore necessary to derogate from certain provisions of Regulation (EU) 2017/2226 and Regulation (EU) 2016/399 of the European Parliament and of the Council3 (‘Schengen Borders Code’). Other rules set out in Regulation (EU) 2017/2226 that are not affected by this Regulation apply as provided for in that Regulation. In particular, the data recorded in the EES throughout the progressive start of operations follow the rules set out in Regulation (EU) 2017/2226 and are considered reliable and accurate.

_________________

3 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/399/oj).

Or. en

Amendment 36

Özlem Demirel

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

_________________

Or. en

Amendment 37

Erik Marquardt

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) Member States should progressively start operating the EES to record, on entry and exit, the data of third-country nationals subject to registration in the EES at one or more border crossing points. If possible and applicable, Member States should include a combination of air, land and sea border crossing points. To ensure a controlled launch of the EES and to better manage and avoid potential long waiting times at the borders, where relevant, Member States should deploy all the functionalities of the EES progressively and register the data of all third-country nationals subject to registration in the EES gradually. To ensure a coordinated approach, the progressive start of operations should be implemented in phases, which should set the minimum requirements to be reached by Member States. Member States will have the possibility to accelerate implementation at national level or start operating the EES fully from the beginning of the progressive approach. The gradual processing of data in the EES should be carried out in full respect of the rights of data subjects as set out in Regulation (EU) 2016/679 of the European Parliament and of the Council1a and should not lead, directly or indirectly, to any form of discrimination or profiling. The Commission, in consultation with the European Data Protection Supervisor, should issue guidelines on the processing of personal data in the EES during the progressive start of operations.

_________________

1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1–88, ELI: http://data.europa.eu/eli/reg/2016/679/2016-05-04 ).

Or. en

Amendment 38

Francisco Assis

on behalf of the S&D Group

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) Member States that do not intend to use the EES fully for all third-country nationals subject to registration in the EES and to use the EES simultaneously at all their border crossing points from the start of operations, should progressively start operating the EES to record, on entry and exit, the data of third-country nationals subject to registration in the EES at one or more border crossing points. If possible and applicable, Member States should include a combination of air, land and sea border crossing points. To ensure a controlled launch of the EES and to better manage and avoid potential long waiting times at the borders, where relevant, Member States should deploy all the functionalities of the EES progressively and register the data of all third-country nationals subject to registration in the EES gradually. To ensure a coordinated approach, where Member States choose a progressive start of operations, it should be implemented in phases, which should set the minimum requirements to be reached by those Member States. Member States will retain the possibility to accelerate implementation at national level or start operating the EES fully from the start of operations.

Or. en

Amendment 39

Marieke Ehlers

on behalf of the PfE Group

Nikola Bartůšek

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) Member States should progressively start operating the EES to record, on entry and exit, the data of third-country nationals subject to registration in the EES at one or more border crossing points, and at one or more lanes of such border crossing points. If possible and applicable, Member States should include a combination of air, land and sea border crossing points. To ensure a controlled launch of the EES and to better manage and avoid potential long waiting times at the borders, where relevant, Member States should deploy all the functionalities of the EES progressively and register the data of all third-country nationals subject to registration in the EES gradually. To ensure a coordinated approach, the progressive start of operations should be implemented in phases, which should set the minimum requirements to be reached by Member States. Member States will have the possibility to accelerate implementation at national level or start operating the EES fully from the beginning of the progressive approach.

Or. en

Justification

This amendment seeks to clarify the Commission's previously stated position that the EES can be enrolled at designated lanes at border crossing points.

Amendment 40

Alice Teodorescu Måwe

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

Or. en

Amendment 41

Karlo Ressler

Proposal for a regulation

Recital 6 b (new)

Text proposed by the Commission

Amendment

(6 b) In order to maximize the security benefits of the EES from the start of its progressive implementation, Member States should prioritize the operation of the EES at border crossing points that are most frequently affected by irregular migration, illegal border crossings or organized crime. Such prioritization is necessary to strengthen the overall security of the Schengen area while maintaining flexibility to adapt to operational readiness.

Or. en

Amendment 42

Marieke Ehlers

on behalf of the PfE Group

Nikola Bartůšek

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) To facilitate a smooth deployment of the EES, the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) should develop a high-level roll-out plan to provide guidance to Member States and Union agencies on planning and executing the EES deployment during its progressive start of operations and should submit it to the Commission, Member States and Union agencies. This plan should include the capacity limits of the Central System as specified by eu-LISA for each phase of deployment. Member States’ decisions to start or advance operations should take into account the capacity of the Central System as outlined in the high-level roll-out plan.

(7) To facilitate a smooth deployment of the EES, the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) should develop a high-level roll-out plan to provide guidance to Member States and Union agencies on planning and executing the EES deployment during its progressive start of operations (the ‘eu-LISA high-level roll-out plan’) and should submit it to the Commission, Member States and Union agencies. This plan should confirm the overall stability of the EES, as well as the performance and availability targets for the Central System as specified by eu-LISA for each phase of deployment. That plan should also contain a strategy for addressing any functional minor, major and blocking defects. That plan should be adopted by the eu-LISA Management Board. Member States’ decisions to start or advance operations should take into account the the high-level roll-out plan.

Or. en

Justification

To ensure a successful roll-out of the EES, it is essential to have a robust central system along with a clear strategy to address any potential failures.

Amendment 43

Alice Teodorescu Måwe

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) To facilitate a smooth deployment of the EES, the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) should develop a high-level roll-out plan to provide guidance to Member States and Union agencies on planning and executing the EES deployment during its progressive start of operations and should submit it to the Commission, the European Parliament, Member States and Union agencies. This plan should include the capacity limits of the Central System as specified by eu-LISA for each phase of deployment. Member States’ decisions to start or advance operations should take into account the capacity of the Central System as outlined in the high-level roll-out plan.

Or. en

Amendment 44

Karlo Ressler

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) To facilitate a smooth deployment of the EES, Member States should develop national roll-out plans in consultation with the Commission and eu-LISA. For each of the phases of the progressive start of the EES operations, the national roll-out plans should include the information on the set thresholds and requirements, in particular: (i) the date from which the EES will operate at each border crossing point; (ii) the percentage of the estimated number of border crossings to be registered in the EES out of the total number of third-country nationals subject to registration in the EES; and (iii) where applicable, the biometric functionalities to be operated at each selected border crossing point. When preparing their respective national roll-out plans, Member States are encouraged to appropriately coordinate with the operators of infrastructure where border crossing points are located. To monitor compliance with the progressive start of operations, Member States should provide the Commission and eu-LISA monthly reports on the implementation of their roll-out plans. Such monthly reports should include corrective measures, where necessary, to ensure compliance with the progressive start of operations.

(8) To facilitate a smooth deployment of the EES, Member States should develop national roll-out plans in consultation with the Commission and eu-LISA. For each of the phases of the progressive start of the EES operations, the national roll-out plans should include the information on the set thresholds and requirements, in particular: (i) the date from which the EES will operate at each border crossing point; (ii) the percentage of the estimated number of border crossings to be registered in the EES out of the total number of third-country nationals subject to registration in the EES; and (iii) where applicable, the biometric functionalities to be operated at each selected border crossing point. In the preparation of their national roll-out plans, Member States shall give due consideration to prioritizing the operation of the EES at border crossing points that are most frequently affected by irregular migration, illegal border crossings or organized crime, in order to maximize the security benefits of the EES from the outset. When preparing their respective national roll-out plans, Member States are encouraged to appropriately coordinate with the operators of infrastructure where border crossing points are located. To monitor compliance with the progressive start of operations, Member States should provide the Commission and eu-LISA monthly reports on the implementation of their roll-out plans. Such monthly reports should include corrective measures, where necessary, to ensure compliance with the progressive start of operations.

Or. en

Amendment 45

Alice Teodorescu Måwe

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) To facilitate a smooth deployment of the EES, Member States should develop national roll-out plans in consultation with the Commission and eu-LISA. EU-LISA should assess whether the national roll-out plans are consistent with the high-level roll-out plan and shall confirm that they do not contain any deficiencies which could further delay the start of operations of the EES. For each of the phases of the progressive start of the EES operations, the national roll-out plans should include the information on the set thresholds and requirements, in particular: (i) the date from which the EES will operate at each border crossing point; (ii) the percentage of the estimated number of border crossings to be registered in the EES out of the total number of third-country nationals subject to registration in the EES; and (iii) where applicable, the biometric functionalities to be operated at each selected border crossing point. When preparing their respective national roll-out plans, Member States are encouraged to appropriately coordinate with the operators of infrastructure where border crossing points are located. To monitor compliance with the progressive start of operations, Member States should provide the Commission and eu-LISA monthly reports on the implementation of their roll-out plans. Such monthly reports should include corrective measures, where necessary, to ensure compliance with the progressive start of operations.

Or. en

Amendment 46

Francisco Assis

on behalf of the S&D Group

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) To facilitate a smooth deployment of the EES, Member States should develop national roll-out plans in consultation with the Commission and eu-LISA. For each of the phases of the progressive start of the EES operations, the national roll-out plans should include the information on the set thresholds and requirements, in particular: (i) the date from which the EES will operate at each border crossing point; (ii) the percentage of the estimated number of border crossings to be registered in the EES out of the total number of third-country nationals subject to registration in the EES; and (iii) where applicable, the biometric functionalities to be operated at each selected border crossing point. When preparing their respective national roll-out plans, Member States are encouraged to appropriately coordinate with the operators of infrastructure where border crossing points are located. To monitor compliance with the progressive start of operations, Member States should provide the Commission and eu-LISA monthly reports on the implementation of their roll-out plans unless and until the EES is used fully for all third-country nationals subject to registration in the EES and is used simultaneously at all border crossing points in the Member State. Such monthly reports should include corrective measures, where necessary, to ensure compliance with the progressive start of operations.

Or. en

Justification

The Member States should be obliged to provide monthly reports on implementation of their roll out plans only up to the point where the system is fully rolled out in that Member State.

Amendment 47

Jan-Christoph Oetjen, Lucia Yar, Veronika Cifrová Ostrihoňová, Moritz Körner

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) To facilitate a smooth deployment of the EES, Member States should develop national roll-out plans in consultation with the Commission and eu-LISA. Those plans should be published and shared with the Commission, the European Parliament and industry stakeholders. For each of the phases of the progressive start of the EES operations, the national roll-out plans should include the information on the set thresholds and requirements, in particular: (i) the date from which the EES will operate at each border crossing point; (ii) the percentage of the estimated number of border crossings to be registered in the EES out of the total number of third-country nationals subject to registration in the EES; and (iii) where applicable, the biometric functionalities to be operated at each selected border crossing point. When preparing their respective national roll-out plans, Member States should appropriately coordinate with the operators of infrastructure where border crossing points are located. To monitor compliance with the progressive start of operations, Member States should provide the Commission, the European Parliament and eu-LISA with monthly reports on the implementation of their roll-out plans. Such monthly reports should include corrective measures, where necessary, to ensure compliance with the progressive start of operations.

Or. en

Amendment 48

Jan-Christoph Oetjen, Lucia Yar, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Moritz Körner

Proposal for a regulation

Recital 8 a (new)

Text proposed by the Commission

Amendment

(8 a) To facilitate a smooth deployment of the EES, it should be ensured that the end of the progressive start of operations of the EES does not coincide with the peak travel seasons in summer (June to August) or winter (December to February).

Or. en

Amendment 49

Alice Teodorescu Måwe

Proposal for a regulation

Recital 8 a (new)

Text proposed by the Commission

Amendment

(8 a) The national roll-out plans to be established by Member States pursuant to this Regulation should be concise and proportionate, and should not impose an undue administrative burden.

Or. en

Amendment 50

Francisco Assis

on behalf of the S&D Group

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) Due to the progressive start of operations of the EES and possible incompleteness of the data recorded in the EES, travel documents of third-country nationals should be systematically stamped on entry and exit during the progressive start of operations of the EES. National authorities should take into account the possible incompleteness of entry/exit records or of refusal of entry records and should consider stamps as prevailing over the information registered in the EES. In addition, when providing information to third-country nationals about the maximum remaining duration of their authorised stay, national authorities should base their assessment on the stamps affixed in the travel documents. The data recorded in the EES should prevail in case a stamp is missing.

Or. en

Justification

The EES information cannot prevail in any way during the progressive start of operations, as that information will very likely be incomplete.

Amendment 51

Özlem Demirel

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) Due to the progressive start of operations of the EES and possible incompleteness and inaccuracy of the data recorded in the EES, travel documents of third-country nationals should be systematically stamped on entry and exit during the progressive start of operations of the EES. National authorities should take into account the possible incompleteness of entry/exit records or of refusal of entry records and should consider stamps as prevailing over the information registered in the EES. In addition, when providing information to third-country nationals about the maximum remaining duration of their authorised stay, national authorities should base their assessment on the stamps affixed in the travel documents. The data recorded in the EES should prevail in case a stamp is missing.

Or. en

Amendment 52

Erik Marquardt

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) Considering that the data registered in the EES during the progressive start of operations of the EES might be incomplete, national authorities should not take into account the results provided by the automated calculator on the maximum remaining duration of the authorised stay of third-country nationals registered in the EES. Similarly, when carrying out their tasks, national authorities should not take into account the automated mechanism to identify or flag the lack of exit records following the date of expiry of an authorised stay or the records for which the maximum duration of authorised stay was exceeded, generating lists of persons identified as overstayers.

(10) Considering that the data registered in the EES during the progressive start of operations of the EES might be incomplete, data recorded in the EES should not be processed by the automated calculator on the maximum remaining duration of the authorised stay of third-country nationals registered in the EES. Similarly, the automated mechanism to identify or flag the lack of exit records following the date of expiry of an authorised stay or the records for which the maximum duration of authorised stay was exceeded, generating lists of persons identified as overstayers, should be suspended during the progressive start of operations.

Or. en

Amendment 53

Francisco Assis

on behalf of the S&D Group

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

Or. en

Justification

There should be no list of overstayers generated during the progressive start of operations.

Amendment 54

Özlem Demirel

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) To provide Member States with the necessary time to adjust to the start of the EES, for the first 180 calendar days of the progressive start of operations, the use of biometric functionalities at border crossing points should not be mandatory. No later than the 180th calendar day after the progressive start of operations, Member States should operate the EES with biometric functionalities at least 10% of their border crossing points. Providing biometric data should not be an entry condition for third-country nationals subject to registration in the EES at the border crossing points where the EES is operated without biometric functionalities.

Or. en

Amendment 55

Erik Marquardt

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

Or. en

Amendment 56

Karlo Ressler

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) To provide Member States with the necessary time to adjust to the start of the EES, for the first 60 calendar days of the progressive start of operations, the use of biometric functionalities at border crossing points should not be mandatory. No later than the 90th calendar day after the progressive start of operations, Member States should operate the EES with biometric functionalities at least at half of their border crossing points. Where applicable, Member States should give priority to operating the EES with biometric functionalities at border crossing points identified in their respective national roll-out plans as being most frequently affected by irregular migration, illegal border crossings or organized crime. Providing biometric data should not be an entry condition for third-country nationals subject to registration in the EES at the border crossing points where the EES is operated without biometric functionalities.

Or. en

Amendment 57

Alice Teodorescu Måwe

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) To provide Member States with the necessary time to adjust to the start of the EES, for the first 60 calendar days of the progressive start of operations, the use of biometric functionalities at border crossing points should not be mandatory. However, Member States are strongly encouraged to make use of those functionalities during that period in order to support a smooth operational transition and to enable the timely detection and resolution of any potential implementation issues. No later than the 90th calendar day after the progressive start of operations, Member States should operate the EES with biometric functionalities at least at half of their border crossing points. Providing biometric data should not be an entry condition for third-country nationals subject to registration in the EES at the border crossing points where the EES is operated without biometric functionalities.

Or. en

Amendment 58

Alice Teodorescu Måwe

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) Third-country nationals whose data are to be recorded in the EES should be informed about their rights and obligations regarding the processing of their data in the form of a template as provided in Article 50(5) of Regulation (EU) 2017/2226. The information to be provided to third-country nationals subject to the EES registration should refer to the progressive start of operations of the EES. Third-country nationals should be informed in the template of their obligation to provide biometric data at border crossing points where it constitutes an entry condition. They should be made aware in the template of the consequences of not providing biometric data. They should be informed in the template that it will not be possible for them to verify the remaining duration of the authorised stay by automated means.

(14) Third-country nationals whose data are to be recorded in the EES should be informed about their rights and obligations regarding the processing of their data in the form of a template as provided in Article 50(5) of Regulation (EU) 2017/2226 and that the collection of the data is mandatory for the examination of entry conditions as well as of the fact that entry will be refused if a third-country national refuses to provide the requested biometric data for registration, verification or identification in the EES as provided in Article 50(1), points (d) and (e) of Regulation 2017/2226. The information to be provided to third-country nationals subject to the EES registration should refer to the progressive start of operations of the EES. Third-country nationals should be informed in the template of their obligation to provide biometric data at border crossing points where it constitutes an entry condition. They should be made aware in the template of the consequences of not providing biometric data. They should be informed in the template that it will not be possible for them to verify the remaining duration of the authorised stay by automated means.

Or. en

Amendment 59

Francisco Assis

on behalf of the S&D Group

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

Or. en

Justification

Third country national travellers will have the obligations of the EES without the benefits, at least during the progressive start of operations. In those circumstances, Member States' national authorities should make all reasonable efforts to keep third country nationals informed of the duration of their remaining authorised stay.

Amendment 60

Jan-Christoph Oetjen, Lucia Yar, Veronika Cifrová Ostrihoňová, Moritz Körner

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) To reflect the progressive start of operations of the EES, the Commission should introduce relevant updates on the EES website.

(15) To reflect the progressive start of operations of the EES, the Commission should, at least every month, introduce relevant updates on the EES website.

Or. en

Amendment 61

Alice Teodorescu Måwe

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) The aim of raising awareness among third-country nationals on their specific rights and obligations would be best achieved if Member States customise the implementation of the campaign based on how the EES will operate at their borders at which the EES is operated in accordance with Article 4 of Regulation (EU) 2017/2226. The information materials developed by the Commission with the support of Member States in the context of Article 51 of Regulation (EU) 2017/2226 should therefore be adapted to carry out the information campaign accompanying the progressive start of operations.

(16) The information materials developed by the Commission with the support of Member States in the context of Article 51 of Regulation (EU) 2017/2226 should therefore be adapted to carry out the information campaign accompanying the progressive start of operations.

Or. en

Amendment 62

Erik Marquardt

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) The aim of raising awareness among third-country nationals on their specific rights and obligations would be best achieved if Member States customise the implementation of the campaign based on how the EES will operate at their borders at which the EES is operated in accordance with Article 4 of Regulation (EU) 2017/2226. The information materials developed by the Commission, in cooperation with the supervisory authorities and the European Data Protection Supervisor, and with the support of Member States in the context of Article 51 of Regulation (EU) 2017/2226, should therefore be adapted to carry out the information campaign accompanying the progressive start of operations.

Or. en

Amendment 63

Francisco Assis

on behalf of the S&D Group

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) The aim of raising awareness among third-country nationals on their specific rights and obligations would be best achieved if Member States customise the implementation of the campaign based on how the EES will operate at their borders at which the EES is operated in accordance with Article 4 of Regulation (EU) 2017/2226. The Comission should therefore adapt its information materials developed with the support of Member States in the context of Article 51 of Regulation (EU) 2017/2226 in order to ensure that an accurate information campaign accompanies the progressive start of operations.

Or. en

Amendment 64

Alice Teodorescu Måwe

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) During the progressive start of operations of the EES, the web service will not enable third-country nationals to electronically verify the exact duration of their authorised stay.

(17) During the progressive start of operations of the EES, the web service will not enable third-country nationals to electronically verify the exact duration of their authorised stay. Notwithstanding that fact, Member States should be able, in cooperation with the Commission and eu-LISA, to deploy temporary or pre-operational versions of the web service with limited functionalities, for the purpose of testing, demonstration, and early validation of the EES’s capabilities.

Or. en

Amendment 65

Francisco Assis

on behalf of the S&D Group

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) During the progressive start of operations of the EES, the web service will not enable third-country nationals to electronically verify the exact duration of their authorised stay.

(17) During the progressive start of operations of the EES, the web service will not enable third-country nationals to electronically verify the exact duration of their authorised stay. National authorities should make all reasonable efforts to provide those third-country nationals with details of the duration of their authorised stay based on the stamps in their travel documents.

Or. en

Justification

Third-country nationals will have the obligations of the EES without the benefits, at least during the progressive start of operations. In those circumstances, Member States' national authorities should make all reasonable efforts to keep third-country nationals informed of the duration of their remaining authorised stay.

Amendment 66

Jan-Christoph Oetjen, Lucia Yar, Veronika Cifrová Ostrihoňová, Moritz Körner

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) This Regulation does not affect the obligations of air carriers, sea carriers and international carriers transporting groups overland by coach as set out in Article 26(1) of the Convention implementing the Schengen Agreement5 and Council Directive 2001/51/EC.6 In this respect, carriers should verify the stamps affixed in travel documents. To ensure effective communication with carriers about the distinct application of the EES at the border crossing points, ultimately benefiting travellers, it is crucial that Member States are transparent about the deployment of the EES at their border crossing points.

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5 Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (‘the Convention implementing the Schengen Agreement’) (OJ L 239, 22.9.2000, p. 19, ELI: http://data.europa.eu/eli/convention/2000/922/oj).

6 Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 (OJ L 187, 10.7.2001, p. 45, ELI: http://data.europa.eu/eli/dir/2001/51/oj).

Or. en

Amendment 67

Özlem Demirel

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) Article 22 of Regulation (EU) 2017/2226 and Article 12a of Regulation (EU) 2016/399 provide for a transitional period and transitional measures referring to the start of operations of the EES. It is necessary to derogate from those Articles to ensure that the transitional period and the transitional measures apply only as of the end of the progressive start of operations. That derogation should cease to apply 5 years and 180 calendar days after the date decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226.

Or. en

Amendment 68

Özlem Demirel

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) To ensure that national authorities and EU agencies, in the performance of their tasks, avoid taking decisions exclusively based on data registered in the EES, they should take into account that individual files registered in the EES may contain incomplete data sets. That derogation should cease to apply 5 years after the date decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226 to reflect the 5-year retention period for data sets for which the exit record is missing as set out in Article 34(3) of that Regulation.

Or. en

Amendment 69

Erik Marquardt

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) Taking into account that during the progressive start of operations individual files registered in the EES may contain incomplete data sets, national authorities should not take decisions adversely affecting individuals based exclusively on data registered in the EES or on the fact that the registration of an entry or exit is absent. That derogation should cease to apply 5 years after the date decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226 to reflect the 5-year retention period for data sets for which the exit record is missing as set out in Article 34(3) of that Regulation.

Or. en

Amendment 70

Marieke Ehlers

on behalf of the PfE Group

Nikola Bartůšek

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

Or. en

Justification

The amendment aims to strike a balance between completely deleting the data and generating false positives from incomplete data.

Amendment 71

Francisco Assis

on behalf of the S&D Group

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) National authorities and EU agencies, in the performance of their tasks, should avoid taking decisions exclusively or primarily based on data registered in the EES, as they should be aware that individual files registered in the EES may contain incomplete data sets. That derogation should cease to apply 5 years after the date decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226 to reflect the 5-year retention period for data sets for which the exit record is missing as set out in Article 34(3) of that Regulation.

Or. en

Justification

It should be clarified that the national authorities and EU Agencies cannot rely on the information in the EES for a period of five years, given the progressive start of operations and the incomplete data sets that it will give rise to.

Amendment 72

Sebastian Tynkkynen

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

deleted

Or. fi

Amendment 73

Erik Marquardt

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) The European Border and Coast Guard Agency should refrain from using data registered in the EES during the progressive start of operations for carrying out risk analyses and vulnerability assessments due to the incompleteness of the data that could lead to misleading risk and vulnerability assessments. Similarly, in line with the principle of accuracy and in order to avoid the risk of incorrect matches, access by Europol for law enforcement purposes to data registered in the EES should be precluded until the end of the progressive start of operations of the EES.

Or. en

Amendment 74

Alice Teodorescu Måwe

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) To ensure effective management of the external borders during the progressive start of operations of the EES, at the border crossing points at which the EES is not operated, border checks should be carried out in accordance with Regulation (EU) 2016/399 as applicable [the day before the date from which the EES is to start operations as decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226]. At the border crossing points at which the EES is operated, border checks should be carried out in accordance with Regulation (EU) 2017/2226 and the Schengen Borders Code. However, specific derogations from these Regulations should apply with regards to the verification at the border crossing points at which the EES is operated without biometric functionalities to enable the progressive start of operations. This should happen without prejudice to verifications of visa holders by using fingerprints, in accordance with Regulation (EC) 787/2008.

(23) Effective management of the external borders is essential to a Schengen area without internal border checks, as it facilitates legitimate border crossings, ensures effective migration management, enhances internal security by detecting and preventing threats at the external borders, and upholds the principle of free movement of persons. To ensure effective management of the external borders during the progressive start of operations of the EES, at the border crossing points at which the EES is not operated, border checks should be carried out in accordance with Regulation (EU) 2016/399 as applicable [the day before the date from which the EES is to start operations as decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226]. At the border crossing points at which the EES is operated, border checks should be carried out in accordance with Regulation (EU) 2017/2226 and the Schengen Borders Code. However, specific derogations from these Regulations should apply with regards to the verification at the border crossing points at which the EES is operated without biometric functionalities to enable the progressive start of operations. This should happen without prejudice to verifications of visa holders by using fingerprints, in accordance with Regulation (EC) 787/2008.

Or. en

Amendment 75

Erik Marquardt

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) To enable an effective adjustment of technical and organisational arrangements during the progressive start of operations of the EES in each Member State and to address exceptional circumstances of failure of the EES Central System, national systems or communication infrastructure, or excessive waiting times at their borders, Member States should have the possibility to suspend the operations of the EES at certain border crossing points, fully or partially. In case of partial suspension, the registration of biometric data in the EES should be suspended. In case of full suspension, no data should be registered in the EES. To mitigate additional risks related to the deployment of the EES with biometric functionalities, Member States should have the possibility, in exceptional circumstances leading to traffic of such intensity that the waiting times at borders become excessive, to suspend the registration of biometric data in the EES after the end of the progressive start of operations. Such a suspension should be possible for a limited period of 60 days after the end of the progressive start of operations of the EES, and should be extended by 60 days if less than 80% of the individual files registered in the EES during the progressive start of operations of the EES contain biometric data.

Or. en

Amendment 76

Özlem Demirel

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) To enable an effective adjustment of technical and organisational arrangements during the progressive start of operations of the EES in each Member State and to address cases of failure of the EES Central System, national systems or communication infrastructure, or excessive waiting times at their borders, Member States should have the possibility to suspend the operations of the EES at certain border crossing points, fully or partially. In case of partial suspension, the registration of biometric data in the EES should be suspended. In case of full suspension, no data should be registered in the EES. To mitigate additional risks related to the deployment of the EES with biometric functionalities, Member States should have the possibility, in exceptional circumstances leading to traffic of such intensity that the waiting times at borders become excessive, to suspend the registration of biometric data in the EES after the end of the progressive start of operations. Such a suspension should be possible for a limited period of 60 days after the end of the progressive start of operations of the EES, and should be extended by 60 days if less than 80% of the individual files registered in the EES during the progressive start of operations of the EES contain biometric data.

Or. en

Amendment 77

Marieke Ehlers

on behalf of the PfE Group

Nikola Bartůšek

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) eu-LISA should issue reports on the statistics on the use of the system, which should serve to evaluate the system’s performance, assess Member States compliance with the roll-out plans, identify areas for improvement, monitor compliance with the progressive start of operations of the EES, and support decision-making relating to the system’s further development and optimisation.

(25) eu-LISA should issue reports on the statistics on the use of the system, which should serve to evaluate the system’s performance, assess Member States compliance with the eu-LISA high-level roll-out plan and the national roll-out plans, identify areas for improvement, monitor compliance with the progressive start of operations of the EES, and support decision-making relating to the system’s further development and optimisation. Furthermore, eu-LISA should continue its regular reporting to its Management Board, which will in turn oversee the gradual roll-out of EES operations.

Or. en

Justification

This amendment seeks to confirm that the high-level rollout plan aligns with the national plan and to enhance the role of the Management Board.

Amendment 78

Jan-Christoph Oetjen, Lucia Yar, Veronika Cifrová Ostrihoňová, Moritz Körner

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) eu-LISA should publish reports on the statistics on the use of the system, which should serve to evaluate the system’s performance, assess Member States compliance with the roll-out plans, identify areas for improvement, monitor compliance with the progressive start of operations of the EES, and support decision-making relating to the system’s further development and optimisation.

Or. en

Amendment 79

Özlem Demirel

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) The preparatory work related to the roll-out plans should be triggered by the date of the entry into force of this Regulation. The progressive start of operations should apply from the date decided by the Commission in accordance with Article 66(1) of EES Regulation. As this Regulation provides for temporary derogations, it should cease to apply 180 calendar days after the date decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226. However, the derogatory rules on the application of transitional period and transitional measures, access to EES data, verification by the carriers of stamps affixed in the travel documents and the suspension of the EES should apply for a limited period after the end of the progressive start of operations.

(26) The preparatory work related to the roll-out plans should be triggered by the date of the entry into force of this Regulation. The progressive start of operations should apply from the date decided by the Commission in accordance with Article 66(1) of EES Regulation. However, the derogatory rules on the application of transitional period and transitional measures, access to EES data, verification by the carriers of stamps affixed in the travel documents and the suspension of the EES should apply for a limited period after the end of the progressive start of operations.

Or. en

Amendment 80

Francisco Assis

on behalf of the S&D Group

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

Or. en

Justification

Derogations related to provisions of the Schengen Borders Code (2016/399) and the EES Regulation itself (2017/2226) apply for a period of five years. Derogations related to the use of data by EU Agencies in the performance of their tasks apply for five years. As the incomplete data sets will persist for up to five years, Member States authorities should not rely on the automated mechanism in that period with regard to overstayers. These difference derogation periods are not reflected in the 180 calendar day limit for derogations proposed in this recital.

Amendment 81

Jan-Christoph Oetjen, Lucia Yar, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Moritz Körner

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) The preparatory work related to the roll-out plans should be triggered by the date of the entry into force of this Regulation. Member States which have not yet submitted their declaration of readiness are urged to do so within 30 days after the entry into force of this Regulation. The progressive start of operations should apply from the date decided by the Commission in accordance with Article 66(1) of EES Regulation. The date should be no later than 60 days after the submission of the last declaration of readiness or 90 days from the date of the entry into force of this Regulation, whichever comes first. As this Regulation provides for temporary derogations, it should cease to apply 180 calendar days after the date decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226. However, the derogatory rules on the application of transitional period and transitional measures, access to EES data, verification by the carriers of stamps affixed in the travel documents and the suspension of the EES should apply for a limited period after the end of the progressive start of operations.

Or. en

Amendment 82

Özlem Demirel

Proposal for a regulation

Article 2 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) ‘progressive start of operations of the EES’ means the period starting from the date decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226 until all of the requirements set out in Article 7a are met;

Or. en

Amendment 83

Jan-Christoph Oetjen, Lucia Yar, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Moritz Körner

Proposal for a regulation

Article 2 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) ‘progressive start of operations of the EES’ means the period of 180 calendar days starting from the date decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226, no later than 60 days after the submission of the last declaration of readiness or 90 days after the entry into force of this Regulation, whichever comes first;

Or. en

Amendment 84

Özlem Demirel

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1. By [the 30th calendar day after the entry into force of this Regulation], the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) shall provide the Commission, Member States, as well as Europol, with a high-level roll-out plan on the progressive start of operations of the EES, taking into account the phases set out in Article 4. That roll-out plan shall include guidance on the use of the EES to Member States and Europol, including capacity limits of the EES Central System.

1. By [the 91st calendar day after the entry into force of this Regulation], the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) shall provide the Commission, Member States, as well as Europol, with a high-level roll-out plan on the progressive start of operations of the EES, taking into account the phases set out in Article 4. That roll-out plan shall include guidance on the use of the EES to Member States and Europol, including capacity limits and other relevant constraints of the EES Central System.

Or. en

Amendment 85

Alice Teodorescu Måwe

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1. By [the 30th calendar day after the entry into force of this Regulation], the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) shall provide the Commission, the European Parliament, Member States, as well as Europol, with a high-level roll-out plan on the progressive start of operations of the EES, taking into account the phases set out in Article 4. That roll-out plan shall include guidance on the use of the EES to Member States and Europol, including capacity limits of the EES Central System.

Or. en

Amendment 86

Jan-Christoph Oetjen, Lucia Yar, Veronika Cifrová Ostrihoňová, Moritz Körner

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1. By [the 30th calendar day after the entry into force of this Regulation], the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) shall provide the Commission, the European Parliament, Member States, as well as Europol, with a high-level roll-out plan on the progressive start of operations of the EES, taking into account the phases set out in Article 4. That roll-out plan shall include guidance on the use of the EES to Member States and Europol, including capacity limits of the EES Central System.

Or. en

Amendment 87

Erik Marquardt

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1. By [the 30th calendar day after the entry into force of this Regulation], the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) shall provide the Commission, Member States, as well as Europol, with a high-level roll-out plan on the progressive start of operations of the EES, taking into account the phases set out in Article 4. That roll-out plan shall include guidance on the use of the EES to Member States, including capacity limits of the EES Central System.

Or. en

Amendment 88

Özlem Demirel

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

2. By [the 180th calendar day after the entry into force of this Regulation], in consultation with the Commission and eu-LISA, Member States shall develop a national roll-out plan on the progressive start of operations of the EES, taking into account the high-level roll-out plan referred to in paragraph 1 of this Article and the phases set out in Article 4.

Or. en

Amendment 89

Jan-Christoph Oetjen, Lucia Yar, Veronika Cifrová Ostrihoňová, Moritz Körner

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

2. By [the 60th calendar day after the entry into force of this Regulation], in consultation with the Commission and eu-LISA, Member States shall publish a national roll-out plan on the progressive start of operations of the EES and share them with the Commission, the European Parliament and industry stakeholders, taking into account the high-level roll-out plan referred to in paragraph 1 of this Article and the phases set out in Article 4.

Or. en

Amendment 90

Alice Teodorescu Måwe

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

2. By [the 60th calendar day after the entry into force of this Regulation], in consultation with the Commission and eu-LISA, Member States shall develop a national roll-out plan on the progressive start of operations of the EES, taking into account the high-level roll-out plan referred to in paragraph 1 of this Article and the phases set out in Article 4. eu-LISA shall assess whether the national roll-out plans are consistent with the high-level roll-out plan and shall confirm that they do not contain any deficiencies which could further delay the start of operations of the EES.

Or. en

Amendment 91

Karlo Ressler

Proposal for a regulation

Article 3 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. In the preparation of their national roll-out plans as referred to in paragraph 2, Member States shall, where appropriate, consult the European Border and Coast Guard Agency in order to identify border crossing points that are most frequently affected by irregular migration or illegal border crossings. Where relevant, Europol may also be consulted to assess the involvement of organized criminal networks, especially when it comes to facilitating such border crossings. Such consultations shall aim to ensure that the prioritization of the operation of the EES at those border crossing points maximizes the security benefits of the EES from the outset.

Or. en

Amendment 92

Jan-Christoph Oetjen, Lucia Yar, Veronika Cifrová Ostrihoňová, Moritz Körner

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

3. For each of the phases set out in Article 4, the national roll-out plans shall include the information on the thresholds and requirements set out in that Article.

3. For each of the phases set out in Article 4, the national roll-out plans shall include the information on how the thresholds and requirements set out in that Article shall be achieved.

Or. en

Amendment 93

Francisco Assis

on behalf of the S&D Group

Proposal for a regulation

Article 3 – paragraph 4

Text proposed by the Commission

Amendment

4. From the 30th calendar day after the progressive start of operations of the EES, Member States shall provide monthly reports to the Commission and eu-LISA on the implementation of their national roll-out plans, including corrective measures where necessary to comply with the obligations set out in Article 4.

4. From the 30th calendar day after the progressive start of operations of the EES until a Member State uses the EES fully for all third-country nationals subject to registration in the EES and simultaneously at all border crossing points in that Member State, Member States shall provide monthly reports to the Commission and eu-LISA on the implementation of their national roll-out plans, including corrective measures where necessary to comply with the obligations set out in Article 4.

Or. en

Justification

The Member States should be obliged to provide monthly reports on implementation of their roll-out plans only up to the point where the system is fully rolled out in that Member State.

Amendment 94

Jan-Christoph Oetjen, Lucia Yar, Veronika Cifrová Ostrihoňová, Moritz Körner

Proposal for a regulation

Article 3 – paragraph 4

Text proposed by the Commission

Amendment

4. From the 30th calendar day after the progressive start of operations of the EES, Member States shall provide monthly reports to the Commission, the European Parliament and eu-LISA on the implementation of their national roll-out plans, including corrective measures where necessary to comply with the obligations set out in Article 4.

Or. en

Amendment 95

Jan-Christoph Oetjen, Lucia Yar, Veronika Cifrová Ostrihoňová, Sophie Wilmès, Moritz Körner

Proposal for a regulation

Article 3 – paragraph 5

Text proposed by the Commission

Amendment

5. At the request of the Commission, eu-LISA shall provide the Commission with the statistics necessary for the monitoring of the national roll-out plans, in accordance with Article 63(6) of Regulation (EU) 2017/2226.

5. At the request of the Commission, eu-LISA shall provide the Commission with the statistics necessary for the monitoring of the successful and timely implementation of the national roll-out plans, as well as the high-level roll-out plan, in accordance with Article 63(6) of Regulation (EU) 2017/2226.

Or. en

Amendment 96

Marieke Ehlers

on behalf of the PfE Group

Nikola Bartůšek

Proposal for a regulation

Article 3 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5 a. The eu-LISA Management Board shall adopt the eu-LISA high-level roll-out plan referred to in paragraph 1 of this Article. The eu-LISA Management Board shall also monitor the development of the EES Central System in accordance with Article 19 of Regulation (EU) 2018/1726, in particular as regards the progressive start of operations.

Or. en

Amendment 97

Erik Marquardt

Proposal for a regulation

Article 3 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5 a. The Commission, in consultation with the European Data Protection Supervisor, shall issue guidelines on the processing of personal data in the EES during the progressive start of operations.

Or. en

Amendment 98

Alice Teodorescu Måwe

Proposal for a regulation

Article 3 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5 a. The national roll-out plans to be established by Member States pursuant to this Regulation shall be concise and proportionate, and shall not impose an undue administrative burden

Or. en

Amendment 99

Francisco Assis

on behalf of the S&D Group

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. By way of derogation from Article 66(6) of Regulation (EU) 2017/2226 during the progressive start of operations of the EES, the Member States shall use the EES as set out in this Article.

1. By way of derogation from Article 66(6) of Regulation (EU) 2017/2226 during the progressive start of operations of the EES, the Member States may use the EES as set out in this Article.

Or. en

Justification

Member States should remain free to apply the EES fully at all border crossing points from day one, if that is their preferred approach.

Amendment 100

Özlem Demirel

Proposal for a regulation

Article 4 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

From the first day of the progressive start of operations of the EES, each Member State shall start using the EES on entry and exit at one or more border crossing points with, if possible and applicable, a combination of air, land and sea border crossing points, to record and store data of third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226. Member States shall register in the EES at least 10% of the estimated number of border crossings in that Member State.

From the 30th day of the progressive start of operations of the EES, each Member State shall start using the EES on entry or exit at one or more border crossing points with, if possible and applicable, a combination of air, land and sea border crossing points, to record and store data of third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226. Member States shall register in the EES at least 2% of the estimated number of border crossings in that Member State.

Or. en

Amendment 101

Marieke Ehlers

on behalf of the PfE Group

Nikola Bartůšek

Proposal for a regulation

Article 4 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

From the first day of the progressive start of operations of the EES, each Member State shall start using the EES on entry and exit at one or more border crossing points with, if possible and applicable, a combination of air, land and sea border crossing points, to record and store data of third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226. No later than the 30th calendar day of the progressive start of operations of the EES, Member States shall register in the EES at least 10% of the estimated number of border crossings in that Member State.

Or. en

Justification

Following the rapporteur's approach (am 20), we propose a gradual approach during the initial 30 days, a proposal that can be endorsed by the Commission.

Amendment 102

Özlem Demirel

Proposal for a regulation

Article 4 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

For the first 60 calendar days of the progressive start of operations of the EES, Member States may operate the EES without biometric functionalities, and national authorities may create or update individual files without biometric data.

For the first 180 calendar days of the progressive start of operations of the EES, Member States may operate the EES without biometric functionalities, and national authorities may create or update individual files without biometric data.

Or. en

Amendment 103

Özlem Demirel

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. No later than the 90th calendar day after the progressive start of operations of the EES, Member States shall operate the EES with biometric functionalities at least at half of their border crossing points. Member States shall register at least 50% of the estimated number of border crossings in that Member State. The individual files of third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226 that are registered in the EES shall contain biometric data.

3. No later than the 180th calendar day after the progressive start of operations of the EES, Member States shall operate the EES with biometric functionalities at least at 10% of their border crossing points. Member States shall register at least 10% of the estimated number of border crossings in that Member State. The individual files of third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226 that are registered in the EES may contain biometric data.

Or. en

Amendment 104

Erik Marquardt

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

Or. en

Amendment 105

Özlem Demirel

Proposal for a regulation

Article 4 – paragraph 4

Text proposed by the Commission

Amendment

4. No later than the 150th calendar day after the progressive start of operations of the EES, Member States shall operate the EES with biometric functionalities at all their border crossing points and shall continue registering in the EES at least 50% of the estimated number of border crossings in that Member State.

4. No later than the 300th calendar day after the progressive start of operations of the EES, Member States shall operate the EES with biometric functionalities at half of their border crossing points and shall register in the EES at least 50% of the estimated number of border crossings in that Member State.

Or. en

Amendment 106

Özlem Demirel

Proposal for a regulation

Article 4 – paragraph 5

Text proposed by the Commission

Amendment

5. No later than the 170th calendar days after the progressive start of operations of the EES, Member States shall operate the EES with biometric functionalities at all their border crossing points and shall register in the EES all third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226.

5. No later than the 320th calendar days after the progressive start of operations of the EES, Member States shall operate the EES with biometric functionalities at all their border crossing points and shall register in the EES all third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226.

Or. en

Amendment 107

Erik Marquardt

Proposal for a regulation

Article 4 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5 a. Registration of biometric data in the EES shall not represent an entry condition for third-country nationals subject to registration in the EES during the progressive start of operations.

Or. en

Amendment 108

Özlem Demirel

Proposal for a regulation

Article 4 – paragraph 6

Text proposed by the Commission

Amendment

6. Refusals of entry, decided at a border crossing point at which the EES is operated, shall be recorded in the EES, as set out in Article 18 of Regulation (EU) 2017/2226. Where the EES is operated with biometric functionalities, refusals of entry shall be recorded with biometric data. Where the EES is operated without biometric functionalities, refusals of entry shall be recorded without biometric data.

6. Refusals of entry, decided at a border crossing point at which the EES is operated, shall be recorded in the EES, as set out in Article 18 of Regulation (EU) 2017/2226. Refusals of entry shall be recorded without biometric data.

Or. en

Amendment 109

Alice Teodorescu Måwe

Proposal for a regulation

Article 4 – paragraph 6

Text proposed by the Commission

Amendment

Or. en

Amendment 110

Erik Marquardt

Proposal for a regulation

Article 4 – paragraph 7

Text proposed by the Commission

Amendment

7. From the first day of the progressive start of operations of the EES, Europol shall use the EES as provided for in Regulation (EU) 2017/2226.

deleted

Or. en

Amendment 111

Özlem Demirel

Proposal for a regulation

Article 4 – paragraph 7

Text proposed by the Commission

Amendment

7. From the first day of the progressive start of operations of the EES, Europol shall use the EES as provided for in Regulation (EU) 2017/2226.

7. During the first day of the progressive start of operations of the EES, Europol shall not use the EES as provided for in Regulation (EU) 2017/2226.

Or. en

Amendment 112

Francisco Assis

on behalf of the S&D Group

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1. In addition to the rules of Article 4, the rules set out in this Article shall apply during the progressive start of operations of the EES.

1. In addition to the rules of Article 4, the rules set out in this Article shall apply to all Member States during the progressive start of operations of the EES.

Or. en

Justification

While the derogation in Article 4 should be optional for Member States, they must comply with the rules laid down in Article 5 regarding the stamping of travel documents.

Amendment 113

Erik Marquardt

Proposal for a regulation

Article 5 – paragraph 3

Text proposed by the Commission

Amendment

3. For entering, amending, erasing and consulting the data in the EES, national authorities that are competent for the purposes laid down in Articles 23 to 35 of Regulation (EU) 2017/2226 shall consider stamps as prevailing over the EES data, including in cases of discrepancy or in cases referred to in Article 16(4) of that Regulation. The data recorded in the EES shall prevail in case a stamp is missing.

Or. en

Amendment 114

Erik Marquardt

Proposal for a regulation

Article 5 – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

In the absence of a stamp affixed in the travel document and of an individual file created in the EES for a third-country national present in the territory of the Member States, national authorities may presume that the third-country national does not fulfil or no longer fulfils the conditions relating to entry or stay in the Member States.

In the absence of a stamp affixed in the travel document for a third-country national present in the territory of the Member States, national authorities may presume that the third-country national does not fulfil or no longer fulfils the conditions relating to entry or stay in the Member States.

Or. en

Amendment 115

Sebastian Tynkkynen

Proposal for a regulation

Article 5 – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

In the absence of a stamp affixed in the travel document and of an individual file created in the EES for a third-country national present in the territory of the Member States, national authorities must presume that the third-country national does not fulfil or no longer fulfils the conditions relating to entry or stay in the Member States.

Or. fi

Amendment 116

Erik Marquardt

Proposal for a regulation

Article 5 – paragraph 6

Text proposed by the Commission

Amendment

6. National authorities and Europol shall disregard the following:

deleted

(a) the results of the automated calculator that provides information on the maximum duration of the authorised stay referred to in Article 11 of Regulation (EU) 2017/2226;

(b) the automatically generated list of overstayers and its consequences in particular as referred to in Article 6(1), points (c) and (h), Article 12(3), Article 16(4), Article 34(3), Article 50(1), points (i) and (k), Article 63(1), point (e) of that Regulation.

Or. en

Amendment 117

Erik Marquardt

Proposal for a regulation

Article 5 – paragraph 9

––

–––

Text proposed by the Commission

Amendment

The Entry/Exit System is being progressively rolled out. During this roll-out period [from …], your personal data, including your biometric data, might not be collected for the purposes of the Entry/Exit System at all Member States’ external borders. If we need to mandatorily collect this information and you choose not to provide it, you will be refused entry. During this period of the progressive roll-out your data will not be automatically added to a list of overstayers. In addition, you will not be able to check how much longer you are authorised to stay using the website or equipment available at border crossing points.

The Entry/Exit System is being progressively rolled out. During this roll-out period [from …], your personal data, including your biometric data, might not be collected for the purposes of the Entry/Exit System at all Member States’ external borders. At the border crossing points where the Entry/Exit System is operated with biometric functionalities, you are under an obligation to provide biometric data. The lack of registration of biometric data during the period of the progressive start of operations of the Entry/Exit System will not lead alone to an automatic refusal of entry. During this period of the progressive roll-out your data will not be automatically added to a list of overstayers. In addition, you will not be able to check how much longer you are authorised to stay using the website or equipment available at border crossing points.

Or. en

Amendment 118

Francisco Assis

on behalf of the S&D Group

Proposal for a regulation

Article 5 – paragraph 9

–

Text proposed by the Commission

Amendment

The Entry/Exit System is being progressively rolled out. During this roll-out period [from …], your personal data, including your biometric data, might be collected for the purposes of the Entry/Exit System at certain Member States’ external borders and might not be collected at other Member States' external borders. If a Member State requests you to allow the collection of this information and you choose not to provide it, you will be refused entry. During this period of the progressive roll-out your data will not be automatically added to a list of potential overstayers. In addition, you will be unable to check how much longer you are authorised to stay using the website or equipment available at border crossing points. You may address any queries regarding the duration of your authorised stay to the relevant national authorities at the external borders.

Or. en

Justification

(This amendment applies only to the proposed additional data referred to in Article 5(9) of this Regulation.)

Amendment 119

Erik Marquardt

Proposal for a regulation

Article 5 – paragraph 11

Text proposed by the Commission

Amendment

11. The information campaign referred to in Article 51 of Regulation (EU) 2017/2226 accompanying the start of operations of the EES, shall reflect the specific conditions at the border crossing points, ensuring that the relevant information is communicated to those affected, and taking into account the phases set out in Article 4 of this Regulation. The Commission shall support Member States in preparing the adapted materials of the information campaign.

11. The information campaign referred to in Article 51 of Regulation (EU) 2017/2226 accompanying the start of operations of the EES, shall reflect the specific conditions at the border crossing points, ensuring that the relevant information is communicated to those affected, and taking into account the phases set out in Article 4 of this Regulation. The Commission, in cooperation with the supervisory authorities and the European Data Protection Supervisor, shall support Member States in preparing the adapted materials of the information campaign.

Or. en

Amendment 120

Erik Marquardt

Proposal for a regulation

Article 5 – paragraph 12

Text proposed by the Commission

Amendment

12. The application of Article 12(1) and (2), Article 13(1) and (2), Article 20 and Article 21 of Regulation (EU) 2017/2226 shall be suspended.

12. The application of Article 11, Article 12(1), (2) and (3), Article 13(1) and (2), Article 20, Article 21 and Article 63(1), point (e) of Regulation (EU) 2017/2226 shall be suspended until the end of the progressive start of operations of the EES.

Or. en

Amendment 121

Marieke Ehlers

on behalf of the PfE Group

Nikola Bartůšek

Proposal for a regulation

Article 5 – paragraph 13

Text proposed by the Commission

Amendment

13. By way of derogation from Article 22 of Regulation (EU) 2017/2226 and Article 12a of Regulation (EU) 2016/399, the transitional period and the transitional measures set out in those Articles shall apply from the first day after the progressive start of operations of the EES has ended.

13. By way of derogation from Article 22 of Regulation (EU) 2017/2226 and Article 12a of Regulation (EU) 2016/399, the transitional period and the transitional measures set out in those Articles shall apply 90 days after the progressive start of operations of the EES has ended.

Or. en

Justification

The EES regulation mandates that individuals entering the Schengen Area before the EES becomes operational must have a dossier created at entry. To streamline exit procedures, we propose extending this dossier creation requirement when leaving the Schengen Area by 90 days.

Amendment 122

Erik Marquardt

Proposal for a regulation

Article 5 – paragraph 14 – subparagraph 3

Text proposed by the Commission

Amendment

By way of derogation from the second subparagraph, at the border crossing points where the EES is operated without biometric functionalities, Article 6(1), point (f)(i), and the provisions on the verification of third-country nationals based on biometric data, solely for the purposes of the EES, referred to in Articles 6, point (f) (ii) and Article 8 (3), points (a) and (g) of Regulation (EU) 2016/399 shall not apply.

By way of derogation from the second subparagraph, during the period of the progressive start of operations of the EES, Article 6(1), point (f)(i), and the provisions on the verification of third-country nationals based on biometric data, solely for the purposes of the EES, referred to in Articles 6, point (f) (ii) and Article 8 (3), points (a) and (g) of Regulation (EU) 2016/399 shall not apply.

Or. en

Amendment 123

Malik Azmani, Moritz Körner, Jan-Christoph Oetjen, Lucia Yar

Proposal for a regulation

Article 5 – paragraph 14 a (new)

Text proposed by the Commission

Amendment

14 a. To ensure that third-country nationals clearly understand where they can register at border crossing points, it is important to create common identification points and use consistent communication throughout the Member States. This helps prevent confusion and unnecessary congestion during registration.

Or. en

Amendment 124

Erik Marquardt

Proposal for a regulation

Article 6 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. When accessing the entry and exit records registered in the EES during the progressive start of operations of the EES in the performance of their tasks:

1. When accessing the entry and exit records registered in the EES during the progressive start of operations of the EES, national authorities, in the performance of their tasks, shall take into account that data could be incomplete. To this regard:

Or. en

Amendment 125

Özlem Demirel

Proposal for a regulation

Article 6 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) national authorities and Europol shall take into account that, due to the variable operations of the EES in each Member State during the progressive start of operations of the EES, the data could be incomplete;

Or. en

Amendment 126

Erik Marquardt

Proposal for a regulation

Article 6 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) national authorities shall not take decisions adversely affecting individuals based exclusively on data registered in the EES or on the fact that the registration of an entry or exit is absent;

Or. en

Amendment 127

Erik Marquardt

Proposal for a regulation

Article 6 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) national authorities shall take into account that the data could be incomplete when communicating data in accordance with Articles 41 and 42 of Regulation (EU) 2017/2226;

(b) national authorities shall avoid communicating data in accordance with Articles 41 and 42 of Regulation (EU) 2017/2226;

Or. en

Amendment 128

Özlem Demirel

Proposal for a regulation

Article 6 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) national authorities shall take into account that the data could be incomplete when communicating data in accordance with Articles 41 and 42 of Regulation (EU) 2017/2226;

(b) national authorities shall take into account that the data could be incomplete or inaccurate when communicating data in accordance with Articles 41 and 42 of Regulation (EU) 2017/2226;

Or. en

Amendment 129

Erik Marquardt

Proposal for a regulation

Article 6 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) the ETIAS Central Unit shall take into account that the entry and exit records registered in the EES during the progressive start of operations of the EES could include incomplete sets of data for the purpose of verification in accordance with Article 25a(2) of Regulation (EU) 2017/2226.

(c) the ETIAS Central Unit is refrained from using EES data for the purpose of verification in accordance with Article 25a(2) of Regulation (EU) 2017/2226.

Or. en

Amendment 130

Özlem Demirel

Proposal for a regulation

Article 6 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) the ETIAS Central Unit shall take into account that the entry and exit records registered in the EES during the progressive start of operations of the EES could include incomplete or inaccurate sets of data for the purpose of verification in accordance with Article 25a(2) of Regulation (EU) 2017/2226.

Or. en

Amendment 131

Jan-Christoph Oetjen, Lucia Yar, Veronika Cifrová Ostrihoňová, Moritz Körner

Proposal for a regulation

Article 6 – paragraph 1 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

Decisions which could adversely affect individuals may thus not be taken solely on the basis that a registration of an alleged entry or exit is absent in the EES.

Or. en

Amendment 132

Özlem Demirel

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission

Amendment

2. Competent authorities, the Commission and relevant Union agencies shall take into account that the data registered in the EES during the progressive start of operations of the EES may be incomplete when accessing data for reporting and statistics as referred in Article 63 of Regulation EU 2017/2226.

2. Competent authorities, the Commission and relevant Union agencies shall take into account that the data registered in the EES during the progressive start of operations of the EES may be incomplete or inaccurate when accessing data for reporting and statistics as referred in Article 63 of Regulation EU 2017/2226.

Or. en

Amendment 133

Erik Marquardt

Proposal for a regulation

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

4. When fulfilling the obligations referred in Articles 35 and 52 of Regulation (EU) 2017/2226 in relation to the completion of personal data recorded in the EES, Member States shall complete the relevant data only to the extent possible taking into account the limited availability of the sets of data collected during the progressive start of operations of the EES. Where applicable, the administrative decision referred to in Article 52(4) of Regulation (EU) 2017/2226 shall refer to the conditions set out in Article 4 of this Regulation that allow for the registration of incomplete files.

Or. en

Amendment 134

Erik Marquardt

Proposal for a regulation

Article 6 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5 a. By way of derogations from Article 33 of Regulation (EU) 2017/2226, the duly authorised staff of Europol shall not have access to the data registered in the EES during the progressive start of operations of the EES for the purposes set therein.

Or. en

Amendment 135

Özlem Demirel

Proposal for a regulation

Article 7 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

During the progressive start of operations of the EES, Member States may fully or partially suspend operating the EES at certain border crossing points in exceptional circumstances of failure of the EES Central System, national systems or communication infrastructure, or events leading to traffic of such intensity that the waiting time at a border crossing point becomes excessive.

During the progressive start of operations of the EES, Member States may fully or partially suspend operating the EES at certain border crossing points in case of failure of the EES Central System, national systems or communication infrastructure, or events leading to traffic of such intensity that the waiting time at a border crossing point becomes excessive.

Or. en

Amendment 136

Sebastian Tynkkynen

Proposal for a regulation

Article 7 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Or. fi

Amendment 137

Özlem Demirel

Proposal for a regulation

Article 7 – paragraph 1 – subparagraph 4

Text proposed by the Commission

Amendment

In both cases, Member States shall promptly and no later than 6 hours after the start of the suspension notify to the Commission and eu-LISA the reason for the partial or full suspension and its expected duration and ensure that the operators of infrastructure hosting border crossing points and carriers are duly informed of such suspension. Once the exceptional circumstances that led to the suspension cease, Member States shall promptly notify the Commission and eu-LISA.

In both cases, Member States shall promptly and no later than 6 hours after the start of the suspension notify to the Commission and eu-LISA the reason for the partial or full suspension and its expected duration and ensure that the operators of infrastructure hosting border crossing points and carriers are duly informed of such suspension. Once the circumstances that led to the suspension cease, Member States shall promptly notify the Commission and eu-LISA.

Or. en

Amendment 138

Sebastian Tynkkynen

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2. For a period of 60 calendar days after the end of the progressive start of operations of the EES, Member States may partially suspend operating the EES as referred to in paragraph 1, second subparagraph, at a certain border crossing point for a limited time of maximum 6 hours and only in exceptional circumstances leading to traffic of such intensity that the waiting time at a border crossing point becomes excessive. Member States shall be relieved of their obligation set out in Article 21(1) of Regulation (EU) 2017/2226 as regards biometric data. In those cases, Member States shall promptly and no later than 6 hours after the start of suspension notify the reason for the suspension and its expected duration to the Commission and eu-LISA.

2. For a period of 60 calendar days after the end of the progressive start of operations of the EES, Member States may partially suspend operating the EES as referred to in paragraph 1, second subparagraph, at a certain border crossing point for a limited time of maximum 6 hours and only in exceptional circumstances. Member States shall be relieved of their obligation set out in Article 21(1) of Regulation (EU) 2017/2226 as regards biometric data. In those cases, Member States shall promptly and no later than 6 hours after the start of suspension notify the reason for the suspension and its expected duration to the Commission and eu-LISA.

Or. fi

Amendment 139

Jan-Christoph Oetjen, Lucia Yar, Veronika Cifrová Ostrihoňová, Moritz Körner

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2. For a period of 60 calendar days after the end of the progressive start of operations of the EES, Member States may partially suspend operating the EES as referred to in paragraph 1, second subparagraph, at a certain border crossing point for a limited time of maximum 4 hours within a day and only in exceptional circumstances leading to traffic of such intensity that the waiting time at a border crossing point becomes excessive. Member States shall be relieved of their obligation set out in Article 21(1) of Regulation (EU) 2017/2226 as regards biometric data. In those cases, Member States shall promptly and no later than 6 hours after the start of suspension notify the reason for the suspension and its expected duration to the Commission and eu-LISA.

Or. en

Amendment 140

Erik Marquardt

Proposal for a regulation

Article 7 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. During the periods of suspension set out in paragraphs 1 and 2 of this Article, Article 6(1), point (f)(i), and the provisions on the verification of third-country nationals based on biometric data, solely for the purposes of the EES, referred to in Articles 6, point (f) (ii) and Article 8(3), points (a) and (g) of Regulation (EU) 2016/399 shall not apply. A decision of refusal of entry pursuant to Regulation (EU) 2016/399 shall not be taken solely on the basis that registration of biometric data in the EES has been suspended by the Member State.

Or. en

Amendment 141

François-Xavier Bellamy

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

3. If less than 80% of the individual files registered in the EES during the progressive start of operations of the EES contain biometric data, the period set out in paragraph 2 of this Article shall be automatically extended by 60 calendar days.

3. If less than 80 % of the individual files registered in the EES during the progressive start of operations of the EES contain biometric data, the period set out in paragraph 2 of this Article shall be automatically extended by 90 calendar days.

Or. fr

Justification

This extension would ensure more efficient and easier deployment of the EES system, smoothing out the effects of implementation on border delays and passenger waiting times during the transition period, particularly at peak times, especially during the summer.

Amendment 142

Özlem Demirel

Proposal for a regulation

Article 7 a (new)

Text proposed by the Commission

Amendment

Article7a

End of the progressive start of operations

1. The period of the progressive start of operations of the EES shall not end unless all of the following requirements are met:

(a) Member States have operated the EES in accordance with Article 4(5) for at least 90 consecutive days;

(b) no Member State has made use of the suspension of the EES in accordance with Article 7 for at least 150 consecutive days;

2. Once the Commission has determined that the requirements in paragraph 1 have been met, it shall inform the Member States, eu-LISA and Europol of the end of the progressive start of operations of the EES.

Or. en

Amendment 143

Jan-Christoph Oetjen, Lucia Yar, Veronika Cifrová Ostrihoňová, Moritz Körner

Proposal for a regulation

Article 8 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

It shall apply from the date from which the EES is to start operations as decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226.

It shall apply from the date from which the EES is to start operations as decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226, at the latest 90 days from the entry into force of this Regulation or 60 days from the submission of the last declaration of readiness.

Or. en

Amendment 144

Özlem Demirel

Proposal for a regulation

Article 8 – paragraph 2 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

This Regulation shall cease to apply 180 calendar days from the date from which the EES is to start operations as decided by the Commission in accordance with Article 66(1) Regulation (EU) 2017/2226. However:

This Regulation shall cease to apply 30 calendar days after the Commission has informed the Member States, eu-LISA and Europol in accordance with Article 7a(2). However:

Or. en

Amendment 145

Özlem Demirel

Proposal for a regulation

Article 8 – paragraph 2 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) Article 5(13) shall cease to apply 5 years and 180 calendar days after the date decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226;

(a) Article 5(13) shall cease to apply 5 years and 180 calendar days after the date decided by the Commission in accordance with Article 7a(2);

Or. en

Amendment 146

Özlem Demirel

Proposal for a regulation

Article 8 – paragraph 2 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) Article 6(1), (2), (4) and (5) shall cease to apply 5 years and 180 calendar days after the date decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226;

(b) Article 6(1), (2), (4) and (5) shall cease to apply 5 years and 180 calendar days after the date decided by the Commission in accordance with Article 7a(2);

Or. en

Amendment 147

Erik Marquardt

Proposal for a regulation

Article 8 – paragraph 2 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) Article 6(1), (2), (4) and (5) shall cease to apply 5 years and 180 calendar days after the date decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226;

(b) Article 6(1), (2), (4), (5) and (5a) shall cease to apply 5 years and 180 calendar days after the date decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226;

Or. en

Amendment 148

Özlem Demirel

Proposal for a regulation

Article 8 – paragraph 2 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

(c) Article 6(3), second subparagraph, shall cease to apply 360 calendar days after the date decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226;

(c) Article 6(3), second subparagraph, shall cease to apply 360 calendar days after the date decided by the Commission in accordance with Article 7a(2);

Or. en

Amendment 149

Erik Marquardt

Proposal for a regulation

Article 8 – paragraph 2 – subparagraph 1 – point d

Text proposed by the Commission

Amendment

(d) Article 7(2) and (3) shall cease to apply 300 calendar days after the date decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226;

(d) Article 7(2), (2a) and (3) shall cease to apply 300 calendar days after the date decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226;

Or. en

Amendment 150

Özlem Demirel

Proposal for a regulation

Article 8 – paragraph 2 – subparagraph 1 – point d

Text proposed by the Commission

Amendment

(d) Article 7(2) and (3) shall cease to apply 300 calendar days after the date decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226;

(d) Article 7(2) and (3) shall cease to apply 300 calendar days after the date decided by the Commission in accordance with Article 7a(2);

Or. en

Amendment 151

Özlem Demirel

Proposal for a regulation

Article 8 – paragraph 2 – subparagraph 1 – point e

Text proposed by the Commission

Amendment

(e) Article 7(4) shall cease to apply 210 calendar days after the date decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226.

(e) Article 7(4) shall cease to apply 210 calendar days after the date decided by the Commission in accordance with Article 7a(2).

Or. en