Slovenian National Assembly

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

Scrutiny details

Subsidiarity deadline: 29/04/2013
 
Scrutiny Information

Scrutiny date: 14/06/2013

Subsidiarity Concern:

  Important information to exchange

No Veto

Information on parliamentary scrutiny

Passed on to the Committee in Internal Affairs, Public Administration and Local Self-Government. The document has been discussed at its 12th meeting of 5 June 2013.

 

And at it's 66th meeting of 14 June 2013 the Committee on EU Affairs of the National Assembly of the Republic of Slovenia adopted the following Position:

 

The Republic of Slovenia welcomes the draft of the legal instrument and the system for establishing a centralised record of entries and exits at the level of EU which will help achieve an easier and a thorough identification of migrations and a determination whether the authorised duration of short-term stay was exceeded, while at the same time it will contribute to the identification of the third country nationals who for various reasons are left without documents. The proposal for a regulation provides a good basis for further discussion.

 

It particularly welcomes the two-phase verification (first the alphanumeric and then biometric) which the Republic of Slovenia advocated in the previous discussions on this subject, since it involves the most appropriate way of establishing the great IT systems. At the same time, it should be noted that each new technology based on biometrics that is being introduced in the border control procedure can imply the extension of procedure and therefore longer waiting times.

 

The Republic of Slovenia advocates an adequate access to the EES for all responsible authorities (Police Force, Ministry of the Interior and Ministry of Foreign Affairs), whereby the information systems of the above authorities complement each other aiming to improve the supervision of migrations and identification of those who remain in the territory of the Member States after expiration of their authorised stay.

 

The Republic of Slovenia believes that with the proposal for a regulation the legal protection of personal data, which may be processed for the purposes of the EES, is being reasonably ensured.

 

The national authority responsible for developing and maintaining the EES will be the Ministry of the Interior, the Police Force, which will also assume the role of the controller with regard to the processing of personal data. For the purposes of implementing the regulation, a legal base for records, sanctions and legal security of procedures will need to be established in the national legislation. Moreover, a basis for liability (Article 29 of the EES Regulation) will need to be established and an appropriate security plan adopted (Article 28 of the EES Regulation).

 

The Republic of Slovenia will express its reservation to paragraph 2 of Article 29 (damage liability among the Member States), since it is unclear whether it involves civil or administrative liability. With regard to the context it estimates that in the Republic of Slovenia a special concept of administrative damages with special rules (administrative legislation) should be established at the legal level, which so far has only been scarcely applied in the field of victims of war violence, redressing wrongs and patients from the territory exposed to asbestos.

 

The Republic of Slovenia will propose that the Regulation be amended and supplemented under the following items:

- the holders of residence permits as exceptions in the EES (Article 3), since particular Member States do not issue all permits in line with the Regulation No 1030/2002 laying down a uniform format for residence permits for third-country nationals;

- the regulation needs to specify the procedures for registering the entry and exit of the third country nationals crossing the external borders whose passports lack the machine readable lines;

- to ensure an adequate access to EES to all responsible national authorities which require the data on the third country nationals crossing the external borders for the purposes of conducting the procedures arising from their responsibility;

- to determine the procedure with those third country nationals who after the expiration of their residence permit do not leave the territory of the Member States and whose exit is not registered in accordance with this regulation;

- the provision contained in Article 37(4) should be moved to a separate article and defined in more detail who may be the controller of personal data. It also needs to be specifically determined that this issue is to be regulated by national law.

 

The Republic of Slovenia expresses a linguistic reservation to individual provisions.

 

Considering the envisaged time frame for establishing the EES, the Republic of Slovenia expects that air and sea border crossing points will be included in the system.

 


Contact points for EU matters

IPEX Correspondents:
Phone: 00 386 4789920  Email Mrs. Aleksandra-Saša Lavrič Phone: 00 386 4789822  Email Ms. Polona Klemenčič
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