PURPOSE: to amend the Schengen Borders Code as regards
the entry / exit system for third-country nationals crossing
external borders.
LEGISLATIVE ACT: Regulation (EU) 2017/2225 of the
European Parliament and of the Council amending Regulation (EU)
2016/399 as regards the use of the Entry/Exit System
(EES).
CONTENT: this Regulation amends Regulation
(EU) 2016/399 on the Schengen Borders Code to take account of
the adoption of Regulation
(EU) 2017/2226 of the European Parliament and of the Council on
the creation of a centralised system for the registration of
entry and exit data and refusal of entry data concerning
third-country nationals crossing the external borders of the Member
States of the Union for a short stay.
The Regulation:
- amends the entry requirements for third-country
nationals by including an obligation
to provide biometric data where such data must be provided by
third-country nationals for the purpose of border checks. In case
of refusal to provide biometric data, a refusal of entry decision
will be taken. Data on third-country nationals whose entry for a
short stay has been refused will be recorded in the
EES;
- now provides for the verification of the identity and
the nationality of the third-country national and of the
authenticity and validity of the travel document for crossing the
border, including by consulting the relevant databases, in
particular: (i) the Schengen Information System (SIS) ); (ii) the
Interpol Stolen and Lost Travel Document Database (SLTD); and (iii)
national databases containing information on stolen,
misappropriated, lost or invalid travel documents;
- aims to abolish on entry and exit the stamping of the
travel documents of third-country
nationals admitted for a short stay by replacing it by the
electronic recording of the entry and exit directly in the EES.
However, where provided expressly by its national law, a Member
State may, on entry and exit, stamp the travel document of
third-country nationals holding a residence permit or long-stay
visa issued by that Member State;
- allows Member States to decide whether and to what
extent to make use of technologies such as self-service systems,
e-gates and automated border control systems. When using such
technologies, an appropriate level of security should be ensured.
The results of border checks carried out by automated means must be
available to border guards so as to enable them to take the
appropriate decisions;
- allows Member States to establish national
facilitation programmes on a voluntary basis in order to allow
pre-vetted third-country nationals to benefit on entry from
derogations from certain aspects of thorough checks;
- provides for transitional measures for those
Member States that are not yet implementing the EES: the latter
will have to continue to systematically stamp travel documents of
third-country nationals admitted for a short stay, on entry and
exit.
ENTRY INTO FORCE:
29.12.2017.