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DRAFT REPORT (COM(2024)0567 – C10-0207/2024 – 2024/0315(COD))

On the proposal for a Regulation of the European Parliament and of the Council on a 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

LIBE-PR-770093

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Assita Kanko

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

The draft report proposes amendments to the Commission's regulation on a temporary derogation to allow a progressive start of the Entry/Exit System (EES). It sets phased thresholds for use and biometrics, adjusts percentages, and clarifies reporting and suspension rules.

Committee position. The rapporteur proposes amendments to allow voluntary progressive roll-out, adjust thresholds (10% in 30 days, 35% by day 90), remove capacity limits, and reduce post-start suspension period to 240 days.

Key points

  1. A full start of operations of all EES functionalities at all border crossing points simultaneously is a risk factor for resilience and passenger flows.
  2. Member States should be able to opt for a phased roll-out during a progressive start of 180 calendar days, with thresholds for minimum requirements.
  3. eu-LISA should develop a high-level roll-out plan, without capacity limits, and Member States, in consultation with the Commission and eu-LISA, should develop national roll-out plans and present them to the Commission.
  4. National roll-out plans should include dates, percentages of border crossings, and biometric functionalities; Member States should provide monthly reports from the 30th day after the start date.
  5. During the progressive start, travel documents should be systematically stamped; stamps prevail over EES data, except when a stamp is missing.
  6. For the first 60 days, biometric functionalities are not mandatory; by the 90th day, at least half of border crossing points must use them.
  7. Member States may suspend EES operations in exceptional circumstances, informing infrastructure operators and carriers, and notifying the Commission and eu-LISA within 6 hours.
  8. Suspension of biometric registration after the progressive start is possible for 60 days, without automatic extension.
  9. From the first day, Member States must use EES at one or more border points; by the 30th day, register at least 10% of estimated border crossings.
  10. By the 90th day, register at least 35% of estimated border crossings with biometric data; by the 150th day, operate with biometrics at all points and register at least 50%.
  11. By the 170th day, operate with biometrics at all points and register all third-country nationals.
  12. The presumption of overstay does not apply to those with credible evidence of free movement rights or holding a residence permit or long-stay visa.

Who is affected

  • Member States: must implement progressive EES operations, meet thresholds, and report monthly.
  • eu-LISA: must provide high-level roll-out plan and statistics.
  • Third-country nationals: subject to stamping and biometric data collection during progressive start.
  • Operators of infrastructure and carriers: must be informed of suspensions.

Figures and deadlines

  • 180 calendar days: duration of progressive start.
  • 10%: minimum percentage of estimated border crossings by the 30th day.
  • 35%: minimum percentage by the 90th day.
  • 50%: minimum percentage by the 150th day.
  • 60 days: period for suspension of biometric registration after progressive start.
  • 240 calendar days: period after which Article 7(2) ceases to apply.

Legal basis: Article 77(2) points (b) and (d) and Article 87(2) point (a) of the Treaty on the Functioning of the European Union