European Parliament 2014-2019 Committee on Civil Liberties, Justice and Home Affairs 2016/0357A(COD) 4.10.2017 AMENDMENTS 767 - 1090 Draft report Kinga Gál (PE605.985v02-00) on the proposal for a regulation of the European Parliament and of the Council establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 515/2014, (EU) 2016/399 and (EU) 2016/1624 Proposal for a regulation (COM(2016)0731 – C8-0466/2016 – 2016/0357A(COD)) AM\1135937EN.docx PE609.323v02-00 EN EN United in diversity AM_Com_LegReport PE609.323v02-00 2/156 AM\1135937EN.docx EN Amendment 767 Monika Hohlmeier Proposal for a regulation Chapter 6 – title Text proposed by the Commission Amendment Issuing, refusal, annulment or revocation of Issuing, refusal, update, annulment or a travel authorisation revocation of a travel authorisation Or. en Amendment 768 Marie-Christine Vergiat Proposal for a regulation Article 30 – paragraph 1 Text proposed by the Commission Amendment 1. Where the examination of an 1. Where the examination of an application pursuant to the procedures laid application pursuant to the procedures laid down in Chapters III, IV and V indicates down in Chapters III, IV and V indicates that there are no factual indications or that there is no evidenceto conclude that reasonable grounds to conclude that the the presence of the person on the territory presence of the person on the territory of of the Member States poses a security risk, the Member States poses an irregular a travel authorisation shall be issued by the migration, securityor public healthrisk, a ETIAS Central System or the ETIAS travel authorisation shall be issued by the National Unit of the responsible Member ETIAS Central System or the ETIAS State. National Unit of the responsible Member State. Or. fr Amendment 769 Angelika Mlinar Proposal for a regulation Article 30 – paragraph 1 Text proposed by the Commission Amendment 1. Where the examination of an 1. Where the examination of an application pursuant to the procedures laid application pursuant to the procedures laid AM\1135937EN.docx 3/156 PE609.323v02-00 EN down in Chapters III, IV and V indicates down in Chapters III, IV and V indicates that there are no factual indications or that there are no factual indications or reasonable grounds to conclude that the reasonable grounds to conclude that the presence of the person on the territory of presence of the person on the territory of the Member States poses an irregular the Member States poses a risk, a travel migration, security or public healthrisk, a authorisation shall be issued by the ETIAS travel authorisation shall be issued by the Central System or the ETIAS National ETIAS Central System or the ETIAS Unit of the responsible Member State. National Unit of the responsible Member State. Or. en Amendment 770 Artis Pabriks Proposal for a regulation Article 30 – paragraph 1 Text proposed by the Commission Amendment 1. Where the examination of an 1. Where the examination of an application pursuant to the procedures laid application pursuant to the procedures laid down in Chapters III, IV and V indicates down in Chapters III, IV and V indicates that there are no factual indications or that there are no factual indications or reasonable grounds to conclude that the reasonable grounds to conclude that the presence of the person on the territory of presence of the person on the territory of the Member States poses an irregular the Member States poses an illegal migration, security or public health risk, a migration, security or public health risk, a travel authorisation shall be issued by the travel authorisation shall be issued by the ETIAS Central System or the ETIAS ETIAS Central System or the ETIAS National Unit of the responsible Member National Unit of the responsible Member State. State. Or. en Amendment 771 Jan Philipp Albrecht Proposal for a regulation Article 30 – paragraph 1 Text proposed by the Commission Amendment PE609.323v02-00 4/156 AM\1135937EN.docx EN 1. Where the examination of an 1. Where the examination of an application pursuant to the procedures laid application pursuant to the procedures laid down in Chapters III, IV and V indicates down in Chapters III, IV and V indicates that there are no factual indications or that there are no reasonable grounds based reasonable grounds to conclude that the on factual indicationsto conclude that the presence of the person on the territory of presence of the person on the territory of the Member States poses an irregular the Member States poses a threat to migration, security or public health risk, a security, a travel authorisation shall be travel authorisation shall be issued by the issued by the ETIAS Central System or the ETIAS Central System or the ETIAS ETIAS National Unit of the responsible National Unit of the responsible Member Member State. State. Or. en Justification “Reasonable grounds” that do not rely on factual indications are just guesses. Amendment 772 Sergei Stanishev Proposal for a regulation Article 30 – paragraph 1 Text proposed by the Commission Amendment 1. Where the examination of an 1. Where the examination of an application pursuant to the procedures laid application pursuant to the procedures laid down in Chapters III, IV and V indicates down in Chapters III, IV and V indicates that there are no factual indications or that there are no factual indications or reasonable grounds to conclude that the reasonable grounds to conclude that the presence of the person on the territory of presence of the person on the territory of the Member States poses an irregular the Member States poses a security or migration, security or public health risk, a public health risk, a travel authorisation travel authorisation shall be issued by the shall be issued by the ETIAS Central ETIAS Central System or the ETIAS System or the ETIAS National Unit of the National Unit of the responsible Member responsible Member State. State. Or. en Justification In line with previous amendments to remove prevention of irregular migration as one of the main objectives of this Regulation. AM\1135937EN.docx 5/156 PE609.323v02-00 EN Amendment 773 Sylvie Guillaume, Christine Revault D'Allonnes Bonnefoy, Tanja Fajon, Birgit Sippel, Péter Niedermüller Proposal for a regulation Article 30 – paragraph 1 Text proposed by the Commission Amendment 1. Where the examination of an 1. Where the examination of an application pursuant to the procedures laid application pursuant to the procedures laid down in Chapters III, IV and V indicates down in Chapters III, IV and V indicates that there are no factual indications or that there are no factual indications or reasonable grounds to conclude that the reasonable grounds to conclude that the presence of the person on the territory of presence of the person on the territory of the Member States poses an irregular the Member States poses an irregular migration, security or public health risk, a migration or security risk, a travel travel authorisation shall be issued by the authorisation shall be issued by the ETIAS ETIAS Central Systemor the ETIAS Central System or the ETIAS National National Unit of the responsible Member Unit of the responsible Member State. State. Or. en Amendment 774 Artis Pabriks Proposal for a regulation Article 30 – paragraph 1 a (new) Text proposed by the Commission Amendment 1a. The ETIAS National Unit of the responsible Member State may attach a flag to the travel authorisation it issues, recommending further checks at the border crossing point. This flag shall only be visible to the border guards, it shall indicate the reason for such flag and it shall be removed automatically once the check has been carried out. Or. en PE609.323v02-00 6/156 AM\1135937EN.docx EN Amendment 775 Carlos Coelho, Anna Maria Corazza Bildt Proposal for a regulation Article 30 – paragraph 1 a (new) Text proposed by the Commission Amendment 1a. The ETIAS National Unit of the responsible Member State may request, in accordance with the [SIS directive], that an alert for specific, [inquiry] or discreet check is created in SIS. Such alert may also be created upon the request of a consulted Member State. Or. en Justification If doubts subsist or the person is of interest, even after the issuance of a Travel authorization, Member States should use the means already in place to request action at the Union External Borders. This will allow for an efficient use of existing systems, but also guarantees procedural safeguards are taken into account. Amendment 776 Monika Hohlmeier Proposal for a regulation Article 30 – paragraph 2 Text proposed by the Commission Amendment 2. A travel authorisation shall be valid 2. A travel authorisation shall be valid for five years or until the end of validity of for multiple trips over the period of three the travel document registered during years or until the end of validity of the application, whichever comes first, and travel document registered during shall be valid for the territory of the application, whichever comes first, and Member States. shall be valid for the territory of the Member States. The validity of the travel authorisation is contingent on the validity of the data provided in the application at the time of entry in the territory of the Member States. Or. en AM\1135937EN.docx 7/156 PE609.323v02-00 EN Amendment 777 Petri Sarvamaa Proposal for a regulation Article 30 – paragraph 2 Text proposed by the Commission Amendment 2. A travel authorisation shall be valid 2. A travel authorisation shall be valid for five years or until the end of validity of for three years or until the end of validity the travel document registered during of the travel document registered during application, whichever comes first, and application, whichever comes first, and shall be valid for the territory of the shall be valid for the territory of the Member States. Member States. However, for categories of applicants exempt from paying the fee in accordance with Article 16(2), the travel authorisation shall be valid for a single entry. Or. en Amendment 778 Gérard Deprez, Louis Michel Proposal for a regulation Article 30 – paragraph 2 Text proposed by the Commission Amendment 2. A travel authorisation shall be valid 2. A travel authorisation shall be valid for five years or until the end of validity of for 3 years or until the end of the activity the travel document registered during that gave rise to the authorisation fee application, whichever comes first, and being waived pursuant to Article 16(2)(c) shall be valid for the territory of the to (e) or until the end of validity of the Member States. travel document registered during application, whichever comes first. Itshall be valid for the territory of the Member States. Or. fr Amendment 779 Helga Stevens PE609.323v02-00 8/156 AM\1135937EN.docx EN Proposal for a regulation Article 30 – paragraph 2 Text proposed by the Commission Amendment 2. A travel authorisation shall be valid 2. A travel authorisation shall be valid for five years or until the end of validity of for three years or until the end of validity the travel document registered during of the travel document registered during application, whichever comes first, and application, whichever comes first, and shall be valid for the territory of the shall be valid for the territory of the Member States. Member States. Or. nl Amendment 780 Brice Hortefeux, Rachida Dati Proposal for a regulation Article 30 – paragraph 2 Text proposed by the Commission Amendment 2. A travel authorisation shall be valid 2. A travel authorisation shall be valid for five years or until the end of validity of for two years or until the end of validity of the travel document registered during the travel document registered during application, whichever comes first, and application, whichever comes first, and shall be valid for the territory of the shall be valid for the territory of the Member States. Member States. Or. fr Amendment 781 Jan Philipp Albrecht Proposal for a regulation Article 30 – paragraph 3 Text proposed by the Commission Amendment 3. A travel authorisation shall not deleted confer an automatic right of entry. Or. en AM\1135937EN.docx 9/156 PE609.323v02-00 EN Amendment 782 Brice Hortefeux, Rachida Dati Proposal for a regulation Article 30 – paragraph 3 Text proposed by the Commission Amendment 3. A travel authorisation shall not 3. A travel authorisation shall not confer an automatic right of entry. confer an automatic right of entryor right to stay. Or. fr Amendment 783 Carlos Coelho, Anna Maria Corazza Bildt Proposal for a regulation Article 30 – paragraph 3 a (new) Text proposed by the Commission Amendment 3a. A travel authorization shall not preclude any actions regarding an alert on the SIS. Or. en Amendment 784 Angelika Mlinar Proposal for a regulation Article 30 a (new) Text proposed by the Commission Amendment Article 30 a Issuing of a travel authorization at the external borders 1. In exceptional cases, the travel authorizationmay be issued at border PE609.323v02-00 10/156 AM\1135937EN.docx EN
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