Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 562/2006 as regards the use of the Entry/Exit System (EES) and the Registered Traveller Programme (RTP)
Date: 2013-02-28
Institutions: European Commission
Subjects: Schengen Information System, border control, data collection, exchange of information, external border of the EU, foreign national

EUROPEAN 
COMMISSION 

Brussels, 28.2.2013  
COM(2013) 96 final 

2013/0060 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 562/2006 as regards the use of the Entry/Exit System 
(EES) and the Registered Traveller Programme (RTP)  

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Grounds for and objectives of the proposal 

This proposal aims to amend 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).  The  proposed  amendments 
are  due  to  the  proposed  establishment  of  an  Entry  Exit  System  (EES)  and  a  Registered 
Travellers Programme (RTP) for which legislative proposals are presented simultaneuously. 

General context 

The general context is explained in the explanatory memoranda for the legislative proposals 
on  the  establishment  of  an  EES  and  an  RTP  and  in  the  impact  assessments  accompanying 
those proposals.  

Existing provisions 

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) and the Convention implementing the Schengen Agreement 
of 14 June 1985. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The  consultation  with  interested  parties  and  impact  assessments  are  described  in  the 
explanatory memoranda for the legislative proposals on the establishment of an EES and an 
RTP and in the impact assessments accompanying those proposals. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary  

The main proposed amendments concern the following issues: 

–  Additional definitions of EES, RTP, Registered Traveller (RT), Automated Border Control 

(ABC) (Article 2) 

–  Entry of data for third-country nationals in the EES and exceptions thereof (Article 5a) 

–  Authenticity  check  of  the  chip  in  travel  documents  containing  an  electronic  storage 

medium (Article 7(2)) 

–  Replacement of  the  current  stamping  of the travel documents by the electronic  recording 
and  verification  of  data  in  the  EES  (Article  5a,  Article  7(3)(a)  and  Article  7(3)(b)). 
Introduction  of  the  obligation  to  check  whether  a  person  has  been  granted  access  to  the 
RTP (Article 7(3) (aaa))  

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–  Verification of the identity of a RT (Article 7(3)(b)(v)) 

–  Information to the traveller on the remaining period of authorised stay (Article 7(8)) 

–  Exemptions for RT from certain parts of the thorough check in Article 7a 

–  Obligation  of  entering  data  into  the  EES  even  in  the  event  border  checks  are  relaxed 

(Article 8(3)) 

–  Extension of the use of the lanes indicated by the sign in parts A and B of Annex III (EU 

citizens lanes) (Article 9(2)(a)) 

–  Indications/Pictogram for ABC gates (Article 9(6)) 

–  Deletion of Article 10 (Stamping obligation) 

–  Presumption of an irregular stay in the absence of the appropriate records (Article 11) 

–  Change of Annex III 

–  Deletion of Annex II point (f), Annex IV and Annex VIII 

Legal basis 

Article 77 (2) of the Treaty on the Functioning of the European Union; as the proposal lays 
down provisions on border checks of persons crossing the external border. 

This proposal amends 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)  which  was  based  on  the 
equivalent provisions of the Treaty establishing the European Community, i.e. Articles 62(1) 
and (2)(a).  

Subsidiarity principle 

Article 77 empowers the Union to develop a policy with a view to ‘ensuring the absence of 
any  controls  on  persons,  whatever  their  nationality,  when  crossing  internal  borders’  and 
‘carrying out checks on persons and efficient monitoring of the crossing of external borders’. 

The  current  proposal  is  within  the  limits  set  by  these  provisions.  The  objective  of  this 
proposal  is  to  make  the  necessary  amendments  of  the  Schengen  Borders  Code  for  the 
establishment of an EES and a RTP. It cannot be sufficiently achieved by the Member States 
acting alone, because an amendment to an existing Union Act (the Schengen Borders Code) 
can only be achieved by the Union. 

Proportionality principle 

Article 5 (4) of the Treaty on European Union states that the content and form of Union action 
must not exceed what is necessary to achieve the objectives of the Treaties. The form chosen 
for  this  action  must  enable  the  proposal  to  achieve  its  objective  and  be  implemented  as 
effectively as possible.  

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The creation of the Schengen Borders Code in 2006 had to be in the form of a regulation, in 
order  to  ensure  that  it  is  applied  in  the  same  way  in  all  the  Member  States  that  apply  the 
Schengen  acquis.  The  proposed  initiative  —  amendment  of  the  Schengen  Borders  Code  — 
constitutes an amendment to an existing regulation and can only be achieved by means of a 
regulation.  As  to  the  content,  this  initiative  is  limited  to  improvements  of  the  existing 
regulation  and  based  on  the  policy  orientations  contained  therein.  The  proposal  therefore 
complies with the proportionality principle. 

Choice of instrument  

Proposed instrument: Regulation. 

4. 

BUDGETARY IMPLICATION  

The proposed amendment has no implications for the EU budget. 

5. 

ADDITIONAL INFORMATION  

Consequences  of  the  various  protocols  annexed  to  the  Treaties  and  of  the  association 
agreements concluded with third countries  

This  proposal  builds  on  the  Schengen  acquis  in  that  it  concerns  the  crossing  of  external 
borders.  The  consequences  for  the  various  protocols  and  association  agreements  therefore 
have  to  be  considered  with  regard  to  Denmark,  Ireland  and  the  United  Kingdom;  Bulgaria, 
Romania and Cyprus; Iceland and Norway; and Switzerland and Liechtenstein. The situation 
of each of these states is described in recitals 10-17 of this proposal and explained in further 
detail in the explanatory memoranda for the legislative proposals on the establishment of an 
EES and an RTP. 

Succinct overview of the proposed amendments of the Schengen borders code 

Article 2, Definitions 

Additional definitions 

Point 20: Definition of the new Entry/Exit System (EES) 

Point 21: Definition of the new Registered Traveller Programme (RTP)  

Point 22: Definition of 'Registered Traveller' (RT) 

Point 23: Definition of "'Automated Border Control' (ABC) 

New Article 5a Data to be entered into the EES 

The general obligation for a third country national entering the Schengen area to be registered 
into  the  EES  is  added  in  a  new  Article  5a  together  with  the  exceptions  concerning  third 
country  nationals  that  are  exempted  from  border  checks  or  from  the  obligation  to  cross 
external borders only at border crossing points or during the fixed opening hours.  

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Article 7, Border checks on persons 

In Paragraph (2) the obligation to check the authenticity of the travel documents that contain 
an electronic storage medium using valid certificates has been added.  

In Paragraph (3)(a)(iii) the obligation to check whether the third country national entering the 
Schengen area has not yet exceeded the maximum duration of authorised stay by checking the 
stamps in the passport has been replaced by an obligation to consult the EES. 

The  new  Paragraph  (3)(aaa)  regulates  the  obligation  for  border  guards  to  verify  whether  a 
third country national traveller has already been registered in the EES.  

In Paragraph (3)(b)(iv) concerning the obligation for border guards to verify during the exit 
check whether a third country national exceeded the maximum duration of stay it is clarified 
that this check has to be made by consulting the EES. 

In Paragraph (3)(b)(v) the verification of identity and participation in the RTP for a registered 
traveller is described. 

The  new  Paragraph  (8)  foresees  the  obligation  for  borderguards  to  inform  third  country 
nationals on their request about the  maximum  number  of  days  they  are still allowed to  stay 
within the Schengen area as set out in the EES and if applicable in the VIS. 

Article  7a,  Border  checks  on  Registered  Travellers  and  use  of  automated  means  for  border 
checks  

The  new  Article  7a  Paragraph  1  describes  the  following  derogations  from  thorough  checks 
foreseen in Article 7(3)(a) applicable to a registered traveller at entry of the Schengen area. 

- thorough check of the travel document (Article 7(3)(a)(ii)) 

-  verification  of  point  of  departure  and  destination,  the  purpose  of  the  stay  including 
supporting documents (Article 7(3)(a)(iv)) 

-  verification of the possession of sufficient means of subsintence (Article 7(3)(a)(v)) 

Finally  it  provides  a  procedure  for  travelers  that  are  identified  by  the  ABC  gate  as  non 
registered travellers or for registered travellers that do not fullfill all entry conditions. In these 
cases the normal procedures (carried out by a border guard) foreseen in Article 7(3)(a) shall 
be applicable. 

Paragraph 2 opens the possibility to use ABC means in combination with "self-service kiosks" 
by travellers where the fingerprints are stored in the VIS or in the travel document (biometric 
passport) and  where these fingerprints can be accessed  by  the  border guard authorities. The 
entry conditions determined in Artcle 7(3)(a) shall be fullfilled. 

Paragraph  3  foresees  the  possibility  to  use  ABC  means  for  the  exit  checks  of  persons 
mentioned in Paragraphs 1 and 2. The checks foreseen in Artcle 7(3)(b) and (c) shall remain 

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applicable  except  the  verification  of  travel  documents  for  signs  of  falsification  or 
counterfeiting (Article7(3)(b)(ii)). 

Paragraphs 2 and 3 are not technical amendements determined by the introduction of the EES 
and  the  RTP  but  additional  provisions  to  further  facilitate  the  border  check  procedures  by 
using modern technologies. The entry and exit conditions for the travellers concerned as such 
remain unchanged. 

Article 8 Relaxation of border checks 

The existing text is adapted to the establishment of the EES and the abolition of the stamping 
of passports. The obligation to always enter the data of the traveller into the EES while exiting 
the Schengen area is highlighted. Even in situations of relaxation of border check procedures 
the registration in the EES shall be carried out. 

Article 9 Separate lanes and information on signs 

Paragraph 2(a) clarifies that registered travellers are allowed to use the lanes provided for EU-
citizens.  

A new paragraph 6 is  added  to take account of the  introduction  of ABC  means. In order to 
have a harmonised  approach  Member States shall  use for ABC lanes  the signs contained in 
Annex III Part D shall be used by all MS at all border crossing points. 

Article 11, Presumption as regards fulfilment of conditions for duration of stay 

The existing text is adapted to the establishment of the EES. Today Article 11 regulates the 
procedures  and  assumptions  in  case  of  absence  of  entry  or  exit  stamps.  With  the  EES  the 
stamping will be replaced by an entry in the EES. 

Annex III Model signs indicating lanes at border crossing points 

The signs contained in annex III are completed by adding new signs for the use of ABC 
means and the introduction of the RTP. 

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2013/0060 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 562/2006 as regards the use of the Entry/Exit System 
(EES) and the Registered Traveller Programme (RTP)  

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 
Articles 77(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 

Having regard to the opinion of the European Economic and Social Committee, 

Having regard to the opinion of the Committee of the Regions, 

Acting in accordance with the ordinary legislative procedure,  

Whereas: 

(1) 

(2) 

(3) 

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)1  lays  down  the 
conditions, criteria and detailed rules for the crossing of the external borders of the 
Member States.  

[Regulation  (EU)  N°  XXX  of  the  European  Parliament  and  of  the  Council 
establishing  the  Entry/Exit  System  (EES)  to  register  entry  and  exit  data  of  third 
country nationals crossing the external borders of the Member States of the European 
Union] aims at the creation of a centralised system for the registration of entry and 
exit  data  of  third  country  nationals  crossing  the  external  borders  of  the  Member 
States of the European Union for a short stay. 

[Regulation (EU) N° XXX of the European Parliament and the Council establishing 
a  Registered  Traveller  Programme]  aims  at  facilitating  the  border  crossing  for 
frequent, pre-vetted and pre-screened third country nationals at the external borders 
of European Union optionally by using automated border crossing facilities. 

(4) 

In  order  to  carry  out  checks  on  third-country  nationals  in  accordance  with 
Regulation (EC)  No  562/2006,  which  include  the  verification  that  the  third-country 

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OJ L 105, 13.4.2006, p. 1. 

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(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

national has not exceeded the maximum duration of authorised stay in the territory of 
the Member States, border guards should use all the information available, including 
data in the EES and the RTP. 

To ensure full effectiveness of the EES and RTP, entry  and exit checks need to be 
carried out in a harmonised way at the external borders. 

The establishment of an EES and a RTP entails the need to adapt the procedures for 
checking  persons  when  crossing  the  external  borders  laid  down  in  Regulation 
562/2006. This applies in particular to the replacement of the stamping of passports 
on  entry  and  exit  by  the  registration  of  alphanumeric  and  biometric  data  of  certain 
third country nationals and the possible use of automated border crossing means. 

Regulation (EC) No 562/2006 should therefore be amended accordingly. 

Taking  into  account  the  different  situation  in  the  Member  States  and  at  different 
border  crossing  points  within  the  Member  States  concerning  the  number  of  third 
country  nationals  crossing  the  borders,  Member  States  should  be  able  to  decide 
whether  and  to  what  extent  to  make  use  of  technologies  such  as  automated  border 
crossing facilities. 

Since  the  objective  of  this  Regulation,  namely  to  provide  for  amendments  to  the 
existing  rules  of  the  Schengen  Borders  Code,  can  only  be  achieved  at  Union  level, 
the  European  Union  may  adopt  measures  in  accordance  with  the  principle  of 
subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance 
with  the  principle  of  proportionality,  as  also  set  out  in  that  Article,  this  Regulation 
does not go beyond what is necessary in order to achieve this objective. 

In  accordance  with  Articles  1  and  2  of  the  Protocol  (No  22)  on  the  position  of 
Denmark,  annexed  to  the  Treaty  on  European  Union  and  to  the  Treaty  on  the 
Functioning  of  the  European  Union,  Denmark  is  not  taking  part  in  the  adoption  of 
this  Regulation  and  is  not  bound  by  it  or  subject  to  its  application.  Given  that  this 
Regulation  builds  upon  the  Schengen  acquis,  Denmark  shall,  in  accordance  with 
Article 4 of that Protocol, decide within a period of six months after the Council has 
decided on this Regulation whether it will implement it in its national law. 

This Regulation constitutes a development of the provisions of the Schengen acquis 
in  which  the  United  Kingdom  does  not  take  part,  in  accordance  with  Council 
Decision  2000/365/EC  of  29  May  2000  concerning  the  request  of  the  United 
Kingdom of Great Britain and Northern Ireland to take part in some of the provisions 
of  the  Schengen  acquis  ;  the  United  Kingdom  is  therefore  not  taking  part  in  its 
adoption and is not bound by it or subject to its application. 

This Regulation constitutes a development of the provisions of the Schengen acquis 
in  which  Ireland  does  not  take  part,  in  accordance  with  Council  Decision 
2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some 
of the provisions of the Schengen acquis ; Ireland is therefore not taking part in its 
adoption and is not bound by it or subject to its application. 

(13) 

As  regards  Iceland  and  Norway,  this  Regulation  constitutes  a  development  of  the 
provisions of the Schengen acquis within the meaning of the Agreement concluded 
by the Council of the European Union and the Republic of Iceland and the Kingdom 

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of  Norway  concerning  the  latters'  association  with  the  implementation,  application 
and  development  of  the  Schengen  acquis  ,  which  fall  within  the  area  referred  to  in 
Article  1,  point  A  of  Council  Decision  1999/437/EC  of  17  May  1999  on  certain 
arrangements for the application of that Agreement. 

As regards Switzerland, this Regulation constitutes a development of the provisions 
of the Schengen acquis within the meaning of the Agreement between the European 
Union,  the  European  Community  and  the  Swiss  Confederation  on  the  Swiss 
Confederation's association with the implementation, application and development of 
the  Schengen  acquis  which  fall  within  the  area  referred  to  in  Article  1,  point  A  of 
Council Decision 1999/437/EC of 17 May 1999 read in conjunction with Article 3 of 
Council Decision 2008/146/EC. 

As regards Liechtenstein, this Regulation constitutes a development of the Schengen 
acquis  within  the  meaning  of  the  Protocol  between  the  European  Union,  the 
European Community, the Swiss Confederation and the Principality of Liechtenstein 
on  the  accession  of  the  Principality  of  Liechtenstein  to  the  Agreement  between  the 
European  Union,  the  European  Community  and  the  Swiss  Confederation  on  the 
Swiss  Confederation’s  association  with  the  implementation,  application  and 
development of the Schengen acquis which fall within the area referred to in Article 
1, point A, of Council Decision 1999/437/EC of 17 May 1999, read in conjunction 
with Article 3 of Council Decision 2011/350/EU. 

As  regards  Cyprus,  as  concerns  the  aspects  related  to  the  Registered  Traveller 
Programme,  this  Regulation  constitutes  an  act  building  on  the  Schengen  acquis  or 
otherwise related to it, as provided for by Article 3(2) of the 2003 Act of Accession. 

As regards Bulgaria and Romania, as concerns the aspects related to the Registered 
Traveller  Programme,  this  Regulation  constitutes  an  act  building  on  the  Schengen 
acquis or otherwise related to it, as provided for by Article 4(2) of the 2005 Act of 
Accession. 

(14) 

(15) 

(16) 

(17) 

HAVE ADOPTED THIS REGULATION: 

Article 1  

Regulation (EC) No 562/2006 is amended as follows: 

(1) 

in Article 2, the following points are added: 

"20. 'Entry/Exit System (EES)' means the system established in accordance with[Regulation 
N° XXX of the European  Parliament and of  the Council establishing  the  Entry/Exit System 
(EES) to register entry and exit data of third country nationals crossing the external borders of 
the Member States of the European Union]; 

21. 'Registered Traveller Programme (RTP) ' means a programme as defined in Article 3 of 
[Regulation  N°  XXX  of  the  European  Parliament  and  the  Council  establishing  a  Registered 
Traveller Programme]; 

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22. 'Registered Traveller ' means a third-country national as defined in Article 3 of Regulation 
XXX….[Regulation  of  the  European  Parliament  and  the  Council  establishing  a  Registered 
Traveller Programme]; 

23. 'Automated Border Control (ABC)' means a fully automated system which authenticates 
the  travel  document,  establishes  that  the  traveller  is  the  rightful  holder  of  the  document, 
queries  border  control  records  and  on  this  basis  automatically  verifies  the  conditions 
governing entry laid down in Article 5(1)." 

(2) 

The following Article 5a is inserted: 

"Article 5a  

Data to be entered into the EES 

1.  Data  on  entry  and  exit  of  third-country  nationals  admitted  for  a  short  stay  pursuant  to 
Article  5(1)  shall  be  entered  into  the  EES  in  accordance  with  Articles  11  and  12  of 
[Regulation  N°  XXX  of  the  European  Parliament  and  of  the  Council  establishing  the 
Entry/Exit System (EES) to register entry and exit data of third country nationals crossing the 
external borders of the Member States of the European Union]. 

2. By way of derogation from paragraph 1 data on the following categories of persons shall 
not be entered into the EES: 

(a)  Heads of State and members of their delegation benefitting from the facilitation 

of border checks in accordance with Annex VII point 1; 

(b)  pilots  of  aircraft  and  other  crew  members  benefitting  from  the  facilitation  of 

border checks in accordance with Annex VII point 2; 

(c) 

(d) 

seamen  benefitting  from  the  facilitation  of  border  checks  in  accordance  with 
Annex VII point 3; 

crew  members  and  passengers  of  cruise  ships  who  are  not  subject  to  border 
checks in accordance with of Annex VI; 

persons  on  board  a  pleasure  boat  who  are  not  subject  to  border  checks  in 

(e) 
accordance with Annex VI; 

persons who are exempt from the obligation to cross external borders only at 

(f) 
border crossing points and during the fixed opening hours pursuant to Article 4 (2). 

3. Data concerning the entry and exit of holders of local border traffic permits in accordance 
with Regulation (EC) No 1931/2006 of the European Parliament and of the Council2 may be 
entered  into  the  EES  taking  into  account  the  facilitations  provided  for  border  crossings  as 
referred to in Article 15 of that Regulation." 

(3) 

(a) 

Article 7 is amended as follows: 

in paragraph 2, first subparagraph, the following sentence is added:  

2 

OJ L 405, 30.12.2006, p. 1. 

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" If the passport or travel document contains an electronic storage medium (chip) the 
authenticity  of  the  chip  data  shall  be  approved  using  the  complete  valid  certificate 
chain, unless this is impossible, due to the non-availability of valid certificates or for 
other technical reasons." ;  

(b) 

paragraph 3 is amended as follows: 

(i) 

point (a)(iii) is replaced by the following: 

"(iii)  verification  that  the  third  country  national  has  not  already  exceeded  the 
maximum  duration  of  authorised  stay  in  the  territory  of  the  Member  States,  by 
consulting  the  EES  in  accordance  with  Article  15  of  [Regulation  N°  XXX  of  the 
European Parliament and of the Council establishing the Entry/Exit System (EES) to 
register entry and exit data of third country nationals crossing the external borders of 
the Member States of the European Union];" 

(ii) 

the following point (aaa) is inserted after point (aa): 

"(aaa) The thorough checks on entry shall also comprise verification of the identity 
of the Registered Traveller and access granted to the RTP, in accordance with Article 
32 of [Regulation N° XXX of the European Parliament and the Council establishing 
a Registered Traveller Programme], if applicable.";  

(iii) 

In point (b), the following points (iv) and (v) are added: 

"(iv)  verification  that  the  third  country  national  did  not  exceed  the  maximum 
duration  of  authorised  stay  in  the  territory of the Member States, by consulting the 
EES  in  accordance  with  Article  15  of  [Regulation  N°  XXX  of  the  European 
Parliament  and  of  the  Council  establishing  the  Entry/Exit  System  (EES)  to  register 
entry  and  exit  data  of  third  country  nationals  crossing  the  external  borders  of  the 
Member States of the European Union. 

(v)  verification  of  the  identity  of  the  RT  and  access  granted  to  the  RTP,  shall  be 
carried  out  in  accordance  with  Article  32  of  [Regulation  N°  XXX  of  the  European 
Parliament  and  the  Council  establishing  a  Registered  Traveller  Programme],  if 
applicable.";  

(iv) 

in point (c), point (ii) is deleted; 

(c) 

The following paragraph 8 is added: 

"8.  Upon  request,  the  border  guard  shall  inform  the  third  country  national  of  the 
maximum  number  of  days  of  authorised  stay,  having  regard  to  the  results  of  the 
consultation  of  the  EES  and  the  length  of  the  stay  authorised  by  the  visa,  as 
applicable.  The  third  country  national  may  also  request  a written  record  containing 
the date and place of entry or exit."; 

(4) 

the following Article 7a is inserted: 

"Article 7a  

Border checks on Registered Travellers and use of automated means for border checks  

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1.  By  way  of  derogation  from  Article  7(3)(a)  checks  on  Registered  Travellers  shall  not 
include  examination  of  the  aspects  referred  to  in  Article  7(3)(a)  (ii),  (iv)  and  (v)  of  that 
paragraph.  Checks  on  Registered  Travellers  may  be  carried  out  through  automated  border 
control means, under the supervision of a border guard.  

Should  the  check  carried  out  through  automated  border  control  means  reveal  that  the  third 
country national is not a Registered Traveller or that one or several entry conditions are not 
met the third country national shall be referred to a check according to Article 7(3)(a).  

2. For third country nationals whose fingerprints are stored in the VIS or on a travel document 
from  which  fingerprints  may  be  technically  and  legally  accessed  by  the  border  guard, 
thorough  checks  on  entry  may  be  carried  out  through  automated  border  control  means  in 
combination  with  self-service  kiosks  to  examine  the  aspects  referred  to  in  Article  7(3)(a) 
points  (ii),  (iv)  and  (v)  .  The  process  shall  be  monitored  and  followed  by  an  individual 
decision by the border guard to authorise or refuse entry.  

3.  By  way  of  derogation  from  Article  7(3)(b)(ii),  thorough  checks  on  exit  on  Registered 
Travellers and for persons whose fingerprints are stored in the VIS, or on a travel document 
from which fingerprints may be technically and legally accessed by the border guard may be 
carried out through automated border control means under the supervision of a border guard." 

(5) 

in Article 8, paragraph 3 is replaced by the following: 

Even in the event that checks are relaxed, the border guard shall enter the data in the 
"3. 
EES both on entry and exit, in accordance with Article 5a. Where the data cannot be entered 
by electronic means it shall be entered manually. 

By  way  of  derogation  from  Article  5a  in  case  of  technical  impossibility  or  failure  of  the 
system the entry and exit data may be stored locally and entered into the EES as soon as the 
impossibility or failure has been remedied." 

(6) 

(a) 

Article 9 is amended as follows: 

in paragraph 2, point (a) is replaced by the following: 

“(a)  Persons  enjoying  the  right  of  free  movement  under  Union  law  and  registered  travellers 
are entitled to use the lanes indicated by the signs in parts A and B of Annex III. If they are 
holding  biometric  passports  they  may  also  use  the  lanes  indicated  by  the  signs  in  Part  D  of 
Annex III”; 

(b) 

the following paragraph 6 is added: 

"6.  Where  Member  States  decide  to  use  automated  border  control  means  they  shall  use  the 
signs provided for in part D of Annex III to identify the respective lanes." 

(7) 

(8) 

Article 10 is deleted. 

Article 11 is replaced by the following: 

"Article 11 

Presumptions as regards fulfilment of conditions of duration of stay  

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1. If a third-country national present on the territory of a Member State does not have an entry 
record in the EES, or the entry record of the third-country national does not contain an exit 
date  following  the  date  of  expiry  of  the  authorised  length  of  stay,  the  competent  national 
authorities may presume that the third country-national does not fulfil, or no longer fulfils, the 
conditions relating to duration of stay on the territory of the Member States. 

2.  The  presumption  referred  to  in  paragraph  1  may  be  rebutted  where  the  third-country 
national provides, by any means, credible evidence, such as transport tickets or proof of his or 
her  presence  outside  the  territory  of  the  Member  State,  that  he  or  she  has  respected  the 
conditions relating to the duration of a short stay. 

The  presumption  may  also  be  rebutted  where  the  third-country  national  provides,  by  any 
means, credible evidence, that he or she enjoys the right of free movement under Union law.  

In such cases the competent authorities shall create an EES file for that person, if necessary, 
and  create  an  entry  record,  update  the  latest  entry  record  by  entering  the  following  data  in 
addition to the data referred to in Articles 11 and 12 of [Regulation N° XXX of the European 
Parliament and of the Council establishing the Entry/Exit System (EES) to register entry and 
exit data of third country nationals crossing the external borders of the Member States of the 
European Union] or delete an existing file: 

the  date  on  which,  and  the  border  crossing  point  where,  the  third-country  national 

(a) 
crossed the external border of one of the Member States for entry or exit; 

(b) 

the authority that entered the data; 

(c) 

the date of entering the data; 

(d) 

the new expiry date of the authorisation to stay.  

3. 
Should  the  presumption  referred  to  in  paragraph  1  not  be  rebutted,  the  third-country 
national may be expelled by the competent authorities from the territory of the Member States 
concerned. 

A third-country national who claims to enjoy the right of free movement under Union law but 
fails  to  establish  that,  may  only  be  expelled  by  the  competent  border  and  immigration 
authorities  of  the  territory  of  the  Member  State  concerned  in  accordance  with  Directive 
2004/38/EC."; 

(9) 

in Annex II, point (f) is deleted; 

(10) 

Annex III is amended in accordance with the Annex to this Regulation; 

(11) 

Annex IV is deleted; 

(12) 

Annex VIII is deleted. 

The  Decision  of  the  Schengen  Executive  Committee  of  21  November  1994  (SCH/Com-ex 
(94) 16 rev.) is repealed.  

Article 2 

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Article 3 

This Regulation shall enter into force on the dates indicated in Article 48 of [Regulation N° 
XXX  of  the  European  Parliament  and  of  the  Council  establishing  the  Entry/Exit  System 
(EES) to register entry and exit data of third country nationals crossing the external borders of 
the Member States of the European Union] and in Article 64 of [Regulation N° XXX of the 
European  Parliament  and  the  Council  establishing  a  Registered  Traveller  Programme]. 
[concrete dates will be inserted when possible] 

This Regulation shall be binding in its entirety and directly applicable in the Member States in 
accordance with the Treaties.  

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President

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Annex 

In Annex III to Regulation (EC) No 562/2006, the following part D is 
added. 

"PART D 

Part D1: ABC lanes for EU/EEA/CH citizens 

Stars are not required for Switzerland, Liechtenstein, Norway and Iceland 

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Part D2: ABC lanes for third-country nationals 

Stars are not required for Switzerland, Liechtenstein, Norway and Iceland 

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Part D3: ABC lanes for all passports 

Stars are not required for Switzerland, Liechtenstein, Norway and Iceland" 

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