Proposal for a Regulation of the European Parliament and of the Council amending Regulation No 562/2006 (EC) as regards the reinforcement of checks against relevant databases at external borders

The proposal contains a targeted amendment to Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) in order to increase security within the area without internal border control. This proposal replies to the call expressed in the Council conclusions of 9 and 20 November, which invited the Commission to "present a proposal for a targeted revision of the Schengen Borders Code to provide for systematic controls of EU nationals, including the verification of biometric information, against relevant databases at external borders of the Schengen area, making full use of technical solutions in order not to hamper the fluidity of movement".

The proposal intends to oblige Member States to carry out systematic checks on persons enjoying the right of free movement under Union law (i.e. EU citizens and members of their families who are not EU citizens) when they cross the external border against databases on lost and stolen documents as well as in order to verify that those persons do not represent a threat to public order and internal security. This obligation shall apply at all external borders i.e. at air, sea and land borders, both at entry and exit.

However, where a systematic consultation of databases on all the persons enjoying the right of free movement under Union law could lead to disproportionate impact on the flow of traffic at the border, Member States may carry out only targeted checks against databases provided that a risk assessment shows this does not lead to risks related to internal security, public policy, international relations of the Member States or a threat to the public health.

While Member States are obliged to check third country nationals systematically on entry against all databases, the current provisions do not provide that on exit, checks for public order and internal security reasons have to be carried out in a systematic way. The amendment will align the obligations to check systematically also on exit that a third country national does not present a threat to public policy and internal security.

This proposal is a response to the increase of terrorist threats in Europe as manifested by the attacks in Paris, Copenhagen and Brussels, but should address all potential risks to internal security.

• Primary Source

EUR-Lex: COM(2015)670: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2015:670:FIN

ESO: Background information: Conclusions of the Council of the EU and of the Member States meeting within the Council on Counter-Terrorism http://www.europeansources.info/record/press-release-conclusions-of-the-council-of-the-eu-and-of-the-member-states-meeting-within-the-council-on-counter-terrorism/

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