Regulation 2017/458 - Amendment of Regulation (EU) 2016/399 as regards the reinforcement of checks against relevant databases at external borders - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
Contents
official title
Regulation (EU) 2017/458 of the European Parliament and of the Council of 15 March 2017 amending Regulation (EU) 2016/399 as regards the reinforcement of checks against relevant databases at external borders| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2017/458 |
| Original proposal | COM(2015)670  |
| CELEX number i | 32017R0458 |
| Document | 15-03-2017; Date of signature |
|---|---|
| Publication in Official Journal | 18-03-2017; OJ L 74 p. 1-7 |
| Signature | 15-03-2017 |
| Effect | 07-04-2017; Entry into force Date pub. +20 See Art 2 |
| End of validity | 31-12-9999 |
18.3.2017 |
EN |
Official Journal of the European Union |
L 74/1 |
REGULATION (EU) 2017/458 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 March 2017
amending Regulation (EU) 2016/399 as regards the reinforcement of checks against relevant databases at external borders
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular point (b) of Article 77(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
The carrying-out of checks at the external borders remains one of the main safeguards of the area without internal border control and significantly contributes to guaranteeing the long-term security of the Union and its citizens. Such checks are carried out in the interest of all Member States. One of the purposes of such checks is to prevent any threat to the internal security and public policy of the Member States, irrespective of the origin of such threat, including where such a threat derives from Union citizens. |
(2) |
Minimum checks based on a rapid and straightforward verification of the validity of the travel document for crossing the border are currently the rule for persons enjoying the right of free movement under Union law. The phenomenon of foreign terrorist fighters, many of whom are Union citizens, demonstrates the need to reinforce checks at external borders with regard to persons enjoying the right of free movement under Union law. |
(3) |
The travel documents of persons enjoying the right of free movement under Union law should therefore be checked systematically, on entry into and on exit from the territory of Member States, against relevant databases for stolen, misappropriated, lost and invalidated travel documents in order to ensure that such persons do not hide their real identity. |
(4) |
Member States are obliged to check systematically third-country nationals against all relevant databases on entry. It should be ensured that such checks are also carried out systematically on exit. |
(5) |
Border guards should also systematically check persons enjoying the right of free movement under Union law against the Schengen Information System (SIS) and other relevant Union databases. This should be without prejudice to the consultation of national and Interpol databases. |
(6) |
To that end, the Member States should ensure that their border guards have access at external border crossing points to the relevant national and Union databases, including the SIS and Interpol’s Stolen and Lost Travel Documents (‘SLTD’) database in order to ensure full implementation of this Regulation. |
(7) |
Such systematic checks should be carried out in full compliance with relevant Union law, including the Charter of Fundamental Rights of the European Union (‘the Charter’), in accordance with Article 4 of Regulation (EU) 2016/399 of the European Parliament and of the Council (2) and should fully respect human dignity, in accordance with Article 7 of that Regulation. |
(8) |
In accordance with Article 15 of Regulation (EU) 2016/399, the Member States should deploy appropriate staff and resources in sufficient numbers to carry out systematic checks in order to prevent such checks from causing disproportionate waiting times and hindering the flow of traffic at external borders. |
(9) |
The obligation to carry out systematic checks on entry and on exit applies to the external borders of the Member States. It also applies, both on entry and on exit, to the internal borders of the Member States for which the verification in accordance with the... |
More
This text has been adopted from EUR-Lex.
This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.
This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand, the related cases of the European Court of Justice and finally consultations relevant to the dossier at hand.
The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.
The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.