EU Borders and he EU Approach to Registered travellers
27/05/2013

This newsletter address a number of issues related to EU Border Control.  

Many EU nationals are "enjoying" the new EU Passports with electronic Chips and the related EU Automated Border Control (ABC) kiosks.  However, all may may not be well in the implementations to date. In the UK, the elapsed time for each check, and the very small numbers of electronic kiosks resuts in each entry in to the UK requiring an on the spot decision - should I go into the "manual" line or the ABC kiosk line?.  We provide links to 1) an interesting Accenture study of a Trial of the UK system at Stanstead Airport in 2008 that passed with flying colours  http://www.accenture.com/SiteCollectionDocuments/PDF/ABC_Trial-Summary_Report.pdf and 2) the EU Frontex ABC best practice guide  http://www.frontex.europa.eu/assets/Publications/Research/Best_Practice_Operational_Guidelines_for_Automated_Border_Control.pdf

In practice in is proposed that the new EU Registered Traveller Programme (the RTP) would work at the border the following way: A registered traveller would be issued a token in the form of a machine-readable card containing only a unique identifier (i.e. application number), which is swiped on arrival and departure at the border using an automated gate. The gate would read the token and the travel document (and visa sticker number, if applicable) and the fingerprints of the travellers, which would be compared to the ones stored in the Central Repository and other databases, including the Visa Information system (VIS) for visa holders. If all checks are successful, the traveller is able to pass through the automated gate. In case of any issue, the traveller would be assisted by a border guard. The proposal for a Regulation  and the European Parliament and the Council  to establish a Registered Traveller Programme can be downloaded from  http://ec.europa.eu/dgs/home-affairs/doc_centre/borders/docs/1_en_act_part1_v14.pdf

A proposal for a Directive of the European Parliament and of the Council on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime can be downloaded from: http://www.europarl.europa.eu/meetdocs/2009_2014/documents/com/com_com(2011)0032_/com_com(2011)0032_en.pdf  This

This proposal was recently rejected by Civil Liberties Committee MEPs by 30 votes to 25. "The negative vote, even if expected, has created some concerns on the Commission side. However Commissioner Cecilia Malmström still believes that a solution can be found before the plenary vote since “it is the only way of avoiding the fragmentation of PNR systems and of effectively protecting personal data.” In the coming weeks it will be clear if the Commissioner position is well founded or if supplementary work will be needed or a final negative vote will close the procedure"  An Committee Press Release can be accessed at:  http://eafsj.org/2013/05/01/the-ep-committee-rejects-the-proposal-for-an-european-passanger-name-record-system-pnr/#more-1084

The new EU Exit/ Entry System is also causing concern.  A proposal for a Directive of the European Parliament and the Council on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer can be  accessed at:  http://www.statewatch.org/news/2013/apr/eu-council-intra-corporate-transfer-8973-13.pdf.   

A Discussion Paper on this subject can be accessed at: http://www.epc.eu/documents/uploads/pub_3445_intra-corporate_transferees_directive.pdf