CELEX: 52013PC0096
Language: en
Date: 2013-02-28
Title: 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)

|
			
		
		
		52013PC0096
		
			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) /* COM/2013/096 final - 2013/0060 (COD) */
			
				
		
		
			
			   	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)) 
–     
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. 
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. 
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 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.
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)                   
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. 
(2)                   
[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.
(3)                   
[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 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.
(5)                   
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.
(6)                   
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.
(7)                   
Regulation (EC) No 562/2006 should therefore be
amended accordingly.
(8)                   
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.
(9)                   
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.
(10)               
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.
(11)               
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.
(12)               
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 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.
(14)               
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.
(15)               
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.
(16)               
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.
(17)               
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.
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];
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)     seamen benefitting from the
facilitation of border checks in accordance with Annex VII point 3;
(d)     crew members and passengers of cruise
ships who are not subject to border checks in accordance with of Annex VI;
(e)      persons on board a pleasure boat who
are not subject to border checks in accordance with Annex VI;
(f)      persons who are exempt from the
obligation to cross external borders only at 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 Council[2] 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)                   
Article 7 is amended as follows:
(a)          in paragraph 2, first
subparagraph, the following sentence is added: 
" 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 
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:
"3.        Even in the event that
checks are relaxed, the border guard shall enter the data in the 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)                   
Article 9 is amended as follows:
(a)          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)                   
Article 10 is deleted.
(8)                   
Article 11 is replaced by the following:
"Article 11
Presumptions as regards fulfilment of
conditions of duration of stay 
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:
(a)        the date on which, and the
border crossing point where, the third-country national 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.
Article 2
The Decision of the Schengen Executive Committee
of 21 November 1994 (SCH/Com-ex (94) 16 rev.) is repealed. 
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                       For
the Council
The President                                                 The
President
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
Part D2: ABC lanes for third-country nationals
Stars are not required for Switzerland,
Liechtenstein, Norway and Iceland
Part D3: ABC lanes for all passports
Stars are not required for Switzerland,
Liechtenstein, Norway and Iceland"
[1]               OJ L 105, 13.4.2006, p. 1.
[2]               OJ L 405, 30.12.2006, p. 1.