A/HRC/23/46 73. The purpose of the legislative proposal is to improve the situational awareness and reaction capability of Member States and Frontex when preventing irregular migration and cross-border crime at the external land and maritime borders (Art 1). This shall be done by establishing a common framework (Art 4), with clear responsibilities and competencies for the national coordination centres for border surveillance in the Member States (Art 5) and Frontex (Art 6), which form the backbone of EUROSUR. These centres, which shall ensure an effective and efficient management of resources and personnel at national level, and Frontex shall communicate with each other via the communication network (Article 7), which would allow to exchange both non-classified sensitive as well as classified information. The cooperation and information exchange between the national coordination centres and Frontex is done via “situational pictures” (Art 8), which shall be established at national (Art 9) and European level (Art 10) as well as for the pre-frontier area (Art 11). Member States and Frontex shall comply with fundamental rights, including data protection requirements, when applying the Regulation (Art 2.3). 74. As regards the cooperation with neighbouring third countries, EUROSUR shall be interlinked with the regional networks set up by Member States with neighbouring third countries in the Baltic Sea, the Black Sea and around the Canary Islands. In addition, a regional network shall be set up with northern African countries in the Mediterranean Sea. The exchange of information which a third country could use to identify persons or groups of persons who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited (Article 18.2). 75. The use of drones for border surveillance, which was originally proposed, is not an option as long as drones are not allowed to fly in civil airspace, which will still take several years to be accomplished. 76. Member States and Frontex are currently developing, implementing and testing the different components with a view to making EUROSUR operational as of October 2013. The total costs for EUROSUR for the period 2014-2020 have been estimated to amount to 244 million Euros. 5. The “Smart Borders” Package 77. In its Communication of 13 February 2008 preparing the next steps in border management in the European Union, the Commission suggested the establishment of a Registered Traveller Programme (RTP) for pre-vetted, frequent third country travellers in order to allow for facilitated border crossings. The Commission also suggested the establishment of an entry/exit system (EES), entailing the electronic register of the dates and places of entry and exit of each third country national admitted for a short stay. The proposals were endorsed in the Stockholm Programme in December 2009. 78. A discussion was launched in a 2011 Communication between EU institutions and authorities about the implementation of new systems, in light of their added value, their technological and data protection implications, and their costs. Following up on this, on 28 February 2013, the Commission proposed a ‘smart borders package’ to speed-up, facilitate and reinforce border check procedures for foreigners travelling to the EU. The package consists of a Registered Traveller Programme and an Entry/Exit System, aimed at simplifying life for frequent third country travellers at the Schengen external borders and enhancing EU border security. 79. The Proposal for a Regulation of the European Parliament and of the Council establishing a Registered Traveller Programme (RTP) (COM(2013) 97 final), provides that frequent travellers from third countries would be allowed to enter the EU using simplified border checks, subject to pre-screening and vetting. The RTP will make use of automated 36

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