A/HRC/23/46
border control systems (i.e. automated gates) at major border crossing points such as
airports that make use of this modern technology. As a result, border checks of Registered
Travellers would be much faster than at present.
80.
The Proposal for a Regulation of the European Parliament and of the Council
establishing an 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
(COM(2013) 95 final), provides that the time and place of entry and exit of third country
nationals travelling to the EU will be recorded. The system will calculate the length of the
authorised short stay in an electronic way, replacing the current manual system, and issue
an alert to national authorities when there is no exit record by the expiry time.
81.
The purpose of the EES will be to improve the management of the external borders
and the fight against irregular migration, by providing a system that will calculate the
authorized stay of each traveller; assist in the identification of any person who may not, or
may no longer, fulfil the conditions for entry to, or stay on the territory of the Member
States; and get a precise picture of travel flows at the external borders and the number of
overstayers eg by nationality of travellers.
82.
The Preamble states that the Regulation has to be applied in accordance with
fundamental rights and principles recognised by the Charter of Fundamental Rights of the
European Union, in particular the protection of personal data (Article 8 of the Charter), the
right to liberty and security (Article 6 of the Charter), respect for private and family life
(Article 7 of the Charter), right to asylum (Article 18 of the Charter), protection in the event
of removal, expulsion or extradition (Article 19 of the Charter), and right to an effective
remedy (Article 47 of the Charter).
6.
The Common Visa Policy
83.
The EU has a common list of countries whose citizens must have a visa when
crossing the external borders, and a list of countries whose citizens are exempt from that
requirement. These lists are set out in Council Regulation (EC) 539/2001 and its successive
amendments. Generally, a short-stay visa issued by one of the Schengen States entitles its
holder to travel throughout the 26 Schengen States for up to three months within a sixmonth period. Visas for visits exceeding that period remain subject to national procedures.
84.
In 2011 the Commission presented a proposal (COM(2011) 290 final) amending
Regulation 539/2001. It proposes establishing a visa safeguard clause for suspending visa
liberalization in the event one or more Member States is being confronted by an
“emergency situation” characterised by the occurrence of either (a) a sudden increase of at
least 50%, over a six month period, in the number of nationals of a third country found to
be illegally staying in the Member State’s territory; (b) a sudden increase of at least 50%,
over a six month period, in the number of asylum applications from the nationals of a third
country for which the recognition rate of asylum applications was less than 3% over the
previous six month period; or (c) a sudden increase of at least 50%, over a six month
period, in the number of rejected readmission applications submitted by a Member State to
a third country for its own nationals.
7.
Immigration Liaison Officers
85.
On 13 June 2002, the Council agreed on a plan for the management of the extern al
borders of the Member States of the EU, envisaging the setting up of networks of
immigration liaison officers posted in third countries. In the conclusions of its meeting of
21 and 22 June 2002, the Seville European Council called for the creation of a network of
immigration liaison officers of the Member States before the end of 2002. At its meeting of
28 and 29 November 2002, the Council adopted conclusions on the improvement of the
37