Guidelines for Processing of Third‑Country Nationals through Automated Guidelines for Processing of Third‑Country Nationals through Automated Border Control

1 of 32 European Agency for the Management Print version: of Operational Cooperation at the External Borders TT-02-16-152-EN-C of the Member States of the ISBN 978-92-95205-51-2 DOI 10.2819/86138 Research and Development Unit Capacity Building Division Online version: TT-02-16-152-EN-N Plac Europejski 6 ISBN 978-92-95205-50-5 00-844 Warsaw, Poland DOI 10.2819/39041

T +48 22 205 95 00 F +48 22 205 95 01

[email protected] www.frontex.europa.eu

2 of 32 Contents

Legal notice #4

All rights reserved #4

Acknowledgements #5

About Frontex #6

Acronyms and abbreviations #7

Glossary #8

Executive summary #11

Terminology #13

1. Introduction #14 1.1. Purpose and audience #14 1.2. Scope and methodology #14 1.3. About best practices and guidelines #15 1.4. How to read this document #16

2. Legal framework for border checks on third-country nationals #17

3. Current procedure for border checks on third‑country nationals #18 3.1. TCN manual border check process #18 3.2. Existing ABC and ABC-assisted processing of TCNs #20 3.2.1. #21 3.2.2. Germany #22 3.2.3. Netherlands #22 3.2.4. United Kingdom #23 3.2.5. Local border traffic #23

4. Perpectives on TCN ABC in the future #24 4.1. Legal framework #24 4.2. Future scenarios for TCN ABC #25 4.3. TCN ABC topology considerations #28

5. The document authentication and biometric verification processes #29

6. Quality assurance #29

7. Conclusions #30

Annex: References #31

3 of 32 Frontex Guidelines for Processing of Third-Country Nationals through Automated Border Control

Legal notice

The contents of this publication do not necessarily reflect the official opinions of any institu- tion or body of the European Union. Neither Frontex nor any person or company acting on behalf of Frontex is responsible for the use that may be made of the information contained in this report.

All rights reserved

No part of this publication may be repro- tions are copied in full and what the added duced in any form or by any means electronic value is. Provide some background about or mechanical, including photocopying and how using Frontex guidelines best serves recording, or by any information storage re- the purposes of the document; trieval system, without permission in writ- 4. briefly mention that the Frontex TCN ing from the copyright holder. Guidelines are the result of a collabora- tive effort among EU Member States (co- Before using the Frontex ‘Guidelines for Pro- ordinated by Frontex) which at the time of cessing of Third-Country Nationals through writing have an operational or pilot ABC Automated Border Control’ (TCN Guidelines) system in place. in a document please observe the following. 1. Contact the Frontex Research and De- In the body of the document: velopment Unit in order to get the latest 5. in the parts of the document based on the version of the TCN Guidelines and sup- Frontex TCN Guidelines, make reference port for using them in your document. to the Frontex document (see instructions below). In the introductory part of the document: 2. include a brief text declaring that Fron- In the references section: tex TCN Guidelines have been used in the 6. include a proper reference to the Fron- document. Mention explicitly which sec- tex TCN Guidelines document (title, ver- tions in the document are (totally or par- sion and issuing date and ISBN reference, tially) based on these guidelines; plus a download link to the Frontex web 3. explain briefly why Frontex TCN Guide- page hosting the latest version); lines have been used in the document, and 7. include the Frontex Research and Devel- in case of total or partial use of particular opment Unit contact details at the end of sections, explicitly state why these sec- the document.

4 of 32 Acknowledgements1

This document was prepared by the Research nnIreland: Kevin Ryan (Irish Naturalisation and Development Unit (RDU) of Frontex in and Immigration Service), close cooperation with experts from a num- nnNetherlands: Yvonne Bakker (Ministry of ber of European Union Member States which, Justice) and Hans de Moel (Royal Nether- at the time of writing, were operating and/ lands Marechaussee), or testing automated border control sys- nnPortugal: Paula Maria Azevedo Cristina tems processing third-country nationals at (Immigration and Border Service), selected external border crossing points of nnSpain: Javier Núñez Alonso and Alberto the EU. Frontex would like to particularly ac- Raez Liria (Spanish National Police), knowledge the work of Pasi Nokelainen, Sys- nnUnited Kingdom: Andrew Clayton and tem Manager for Border Checks at the Finnish Glen Wimbury (UK Border Agency). , who took the lead in devel- oping these guidelines. It would also like to In addition, the following staff from the Fron- thank the following persons who participated tex RDU participated in the drafting and ed- in the working group on Automated Border iting process: Rasa Karbauskaite, Karolina Control and contributed to this document1 Lopacka, Maria Duro Mansilla and Ignacio nnBulgaria: Lyubomir Dilov and Aleksandr Zozaya. Kamburov (), nnCzech Republic: Mylan Frydrych and Petr Frontex would also like to express its grat- Malovec (Border Police), itude to other stakeholders who contrib- nnFinland: Janne Kurvinen and Pasi uted to the review process, including Ciarán Nokelainen (Finnish Border Guard), Carolan (eu-LISA) and Philippe Van Triel (Di- nnFrance: Eric Clement and Pierre Alexan- rectorate-General for Migration and Home dre Gelas (Border Police), Affairs, European Commission). nnGermany: Markus Nuppeney and Florian Rienhardt (Federal Office for Information Security) and Maik Rudolf (),

1 Member State experts and Frontex staff have been acknowledged in alphabetical order according to the first letter of their surnames.

5 of 32 Frontex Guidelines for Processing of Third-Country Nationals through Automated Border Control

About Frontex

The mission of Frontex is to facilitate and ren- Member States, by promoting greater inter- der more effective the application of existing operability. As part of the Capacity Building and future European Union measures relat- Division at Frontex, the RDU is tasked with ing to the management of external borders, the development of best practices and pro- in particular the Schengen Borders Code. As cedures, both technical and operational, for such, Frontex is to play a key role in analys- border control. The RDU proactively moni- ing and defining the capability needs in bor- tors and participates in the development of der control and in supporting the Member research relevant for the control and sur- States in development of these capabilities. veillance of external borders and keeps the Frontex also provides qualified expertise to Member States and the European Commis- support the EU policy development process sion informed concerning technological in- in the area of border control. novations in the field of border control. In particular, one of the RDU’s main areas of One of the core objectives of the Capacity work is the exploration of the potential of- Building Division is to drive the process of har- fered by new border management technolo- monisation and standardisation of the man- gies to meet the dual objective of enhancing agement of the EU external borders by the security while facilitating travel.

6 of 32 Acronyms and abbreviations

ABC automated border control BCP border crossing point BPOG ‘Best Practice Operational Guidelines for Automated Border Control (ABC) Systems’ BPTG ‘Best Practice Technical Guidelines for Automated Border Control (ABC) Systems’ EES entry/exit system eu-LISA European Agency for the Operational Management of Large-Scale IT Systems in the area of Freedom, Security and Justice e-MRTD electronic machine-readable travel document EU European Union EU/EEA/CH European Union, European Economic Area, Switzerland GPVIS ‘Good Practices in Practical Implementation of the Visa Information System at EU Borders’ ICAO International Civil Aviation Organisation MRTD machine-readable travel document RT(s) registered traveller(s) RTP registered traveller programme SBC Schengen Borders Code TCN(s) third-country national(s) VE visa exempt VH visa holder VIS Visa Information System WG working group

7 of 32 Frontex Guidelines for Processing of Third-Country Nationals through Automated Border Control

Glossary

The definitions included in this section are by the measurement and validation of one or based on a number of relevant glossaries, more unique properties of the holder’s person. dictionaries and documents, namely the OECD Glossary of Statistical Terms, the Ox- Border checks: the checks carried out at bor- ford Language Dictionary, the European Com- der crossing points in accordance with the mission ‘Proposal for a regulation of the Schengen Borders Code (SBC), to ensure that European Parliament and of the Council es- persons, including their means of transport tablishing an entry/exit system (EES)’, the and the objects in their possession, may be European Commission ‘Proposal for a regu- authorised to enter the territory of the Mem- lation of the European Parliament and of the ber States or authorised to leave it. See also Council establishing a registered traveller ‘Border crossing point (BCP)’. programme’, the European Union ‘Schengen Borders Code’, the International Civil Avi- Border crossing point (BCP): any crossing ation Organisation (ICAO) ‘Doc 9303 Ma- point authorised by the competent author- chine Readable Travel Documents’, the ICAO ities for the crossing of external borders. ‘Guidelines for Electronic Machine Reada- ble Travel Documents and Passenger Facil- Border guard: any public official assigned, itation’, the ICAO ‘Machine Readable Travel in accordance with national law, to a border Documents Glossary,’ the ICAO ‘A Primer on crossing point or along the border or the im- the ICAO Public Key Directory: White Pa- mediate vicinity of that border who carries per’ and the Treaty on the Functioning of out, in accordance with the SBC and national the European Union (for further details see law, border control tasks. reference list in Annex I). Finally, a number of definitions have been devised and agreed Certificate: an electronic document estab- upon by the Frontex working group on Au- lishing a digital identity by combining the tomated Border Controls. identity name or identifier with the public key of the identity, a validity period and an Automated border control (ABC) system: an electronic signature by a third party. automated system which authenticates the electronic machine-readable travel document Cost-benefit analysis:technique for decid- and/or token, establishes that the passenger ing whether to make a change. As its name is the rightful holder of the document and/ suggests, it compares the values of all bene- or token, queries border control records and fits from the action under consideration and then determines eligibility of border crossing the costs associated with it. according to the predefined rules. Database: an application storing a struc- Biometric capture: the process of taking a tured set of data and allowing for the man- biometric sample from the user. agement and retrieval of such data.

Biometric verification:the process of confirm- Entry/exit system (EES): an information sys- ing the identity of the holder of an e-MRTD tem enabling storage of entry and exit data of third-country nationals crossing the ex-

8 of 32 ternal borders of the Member States of the sons enjoying the Community right to free European Union. movement’.

E-gate: one of the components of an ABC Interoperability: the ability of several inde- system, consisting of a physical barrier op- pendent systems or subsystem components erated by electronic means. This covers dif- to work together. ferent types of e-gates: a single-door e-gate is a system with one barrier to pass. A dou- Machine-readable travel document ble-door e-gate is a system with an entry (MRTD): an official document, conforming and an exit barrier (man-trap). with the specifications contained in ICAO Doc 9303 (e.g. , visa), issued by a Electronic machine-readable travel docu- state or an organisation which is used by the ment (e-MRTD): a machine-readable travel holder for international travel (e.g. passport, document equipped with an electronic con- visa) and which contains mandatory visual tactless chip according to the International (eye-readable) data and a separate manda- Civil Aviation Organisation (ICAO) Doc 9303. tory data summary in a format which is ca- See also ‘Machine-readable travel document’. pable of being read by machine.

E-passport: a machine-readable passport Member State: a country which is a mem- containing a contactless integrated circuit ber of the European Union. Within the con- chip within which is stored data from the text of the present guidelines, the term also passport data page, a biometric measure of applies to those countries that, not being EU the passport holder and a security object to members, are part of the . See protect the data with public key infrastruc- also ‘Schengen area’. ture cryptographic technology, and which conforms to the specifications of ICAO Doc Operator: the border guard officer responsi- 9303, Part 1. ble for the remote monitoring and control of the ABC system. The tasks performed by the EU citizen: any person having the nationality operator typically include: (a) monitoring the of an EU Member State, within the meaning user interface of the application; (b) react- of Article 20(1) of the Treaty on the Function- ing upon any notification given by the appli- ing of the European Union. See also ‘Persons cation; (c) managing exceptions and making enjoying the Community right to free move- decisions about them; (d) communicating ment’ and ‘Freedom of movement (right to)’. with the assisting personnel for the handling of exceptions at the e-gates; (e) monitoring First-line check: default check carried out at and profiling travellers queuing in the ABC border crossing points to ensure that travel- line and using the e-gates, looking for suspi- lers are authorised to enter the territory of cious behaviour in travellers; and (f) commu- the EU/EEA/CH. See also ‘Second-line check’. nicating with the border guards responsible for second-line checks whenever their ser- Freedom of movement (right to): a funda- vice is needed. mental right of every citizen of an EU Mem- ber State or another European Economic Persons enjoying the Community right of Area country or Switzerland to freely move, free movement: according to Article 2(5) of reside and work within the territory of these the Schengen Borders Code these are: (a) Member States. See also ‘EU citizen’ and ‘Per- Union citizens within the meaning of Article 20(1) of the Treaty on the Functioning of the

9 of 32 Frontex Guidelines for Processing of Third-Country Nationals through Automated Border Control

European Union and third-country nation- cept Bulgaria, Cyprus, Ireland, Romania and als who are members of the family of a Un- the United Kingdom, as well as four non-EU ion citizen exercising his or her right to free countries, namely Iceland, Liechtenstein, Nor- movement to whom Directive 2004/38/EC of way and Switzerland. It takes its name from the European Parliament and of the Coun- the Schengen Agreement signed in Schen- cil of 29 April 2004 on the right of citizens of gen, Luxembourg, in 1985; this agreement was the Union and their family members to move later incorporated into the EU legal frame- and reside freely within the territory of the work by the 1997 Treaty of Amsterdam. Member States; and (b) third-country nation- als and their family members, whatever their Schengen Borders Code: Regulation (EC) nationality, who, under agreements between No 562/2006 of the European Parliament and the Community and its Member States, on of the Council of 15 March 2006 establish- the one hand, and those third countries, on ing a Community Code on the rules govern- the other hand, enjoy rights of free move- ing the movement of persons across borders. ment equivalent to those of Union citizens. See also ‘Freedom of movement (right to)’. Second-line check: a further check which may be carried out in a special location away Port operator: also known as ‘port author- from the location at which all travellers are ity’. The public institution and/or private com- checked (first line). pany that operates the port facility, either at air or sea borders. Third-country national: any person who is not an EU citizen within the meaning of Ar- Registered traveller (RT): a third-country ticle 20(1) of the Treaty on the Functioning national who has been granted access to of the European Union and who is not a per- the registered traveller programme. See also son enjoying the Union right to freedom of ‘Registered traveller programme’. movement, as defined in Article 2(5) of the Schengen Borders Code. See also ‘EU citizen’ Registered traveller programme (RTP): a and ‘Persons enjoying the Community right programme that allows third-country nation- of free movement’. als who have been pre-vetted and granted access to the RTP to benefit from facilita- Topology: the way in which the constituent tion of border checks at the European Un- parts of a system are interrelated or arranged. ion’s external border. Watch list: a list of individuals, groups, or Schengen area: an area without internal items that require close surveillance. See also border control encompassing 26 European ‘Database’. countries, including all EU Member States ex-

10 of 32 Executive summary

The present document provides guidelines nationals, both manual and with the use of on the implementation of automated bor- ABC; and (3) outlook on the development and der control (ABC) systems to process third- implementation of ABC solutions for the pro- country nationals (TCNs). ABC is defined as cessing of TCNs in the future. the use of automated systems that can ver- ify the identity of travellers at border crossing The Schengen Borders Code, the EU Visa Code points and automatically determine eligibility and national legislation set the legal frame- for border crossing according to predefined work for the various measures which are rules. A border guard stationed in a monitor- implemented at the border crossing points ing and control station supervises the process. of the Schengen area. TCNs should undergo a ‘thorough check’ comprising a number of The aim of these guidelines is to clarify the le- steps, such as the verification of the available gal, operational and technical aspects of ABC means of subsistence and the purpose of the implementations aimed to facilitate TCN bor- intended stay, which are difficult to automate. der crossings as they exist today and could In the case of TCNs who are visa holders, bor- exist in the future in line with the European der guards must also verify the identity of the Commission’s proposals to establish an entry/ visa holder and the authenticity of the visa exit system (EES proposal), a registered trav- by using the traveller’s fingerprints. eller programme (RTP proposal) and amend- ments to the Schengen Borders Code (SBC Some Member States have launched pilots amendments). The guidelines will be regu- and implemented operational ABC systems for larly updated to reflect further development TCNs. The guidelines review the cases of Fin- of the Commission’s proposals within the land, Germany, the Netherlands and the United framework of the legislative procedure and Kingdom. These implementations are gener- the results of the 2015 ‘Smart borders’ pilot. ally available to a limited group of eligible na- tionalities, sometimes on the basis of bilateral The intended audience consists of technical agreements with third countries, and differ, experts as well as decision-makers involved among other aspects, on whether pre-enrol- in the design and implementation of ABC sys- ment is required, the biometric markers used tems in the EU Member States. The guide- and whether there are separate dedicated lines should be read in conjunction with the ABC infrastructures for TCNs and EU citizens. Frontex ‘Best Practice Operational Guidelines’ (BPOG) and ‘Best Practice Technical Guide- The future outlook of ABC for the process- lines’ (BPTG) for ABC and the ‘Good Prac- ing of TCNs will be shaped by the adoption tices in Practical Implementation of the Visa of EU legislation on ‘Smart borders’. The doc- Information System at EU Borders’ (GPVIS). ument reviews the European Commission’s EES and RTP proposals and SBC amendments, The guidelines are structured in three main focusing on the key elements that would sections which focus respectively on: (1) the shape the use of ABC for TCNs, mainly: (1) legal framework of border checks of third- the establishment of an obligation to check country nationals; (2) current practice con- whether a person has been granted access cerning border checks of third-country to the RTP and to verify the identity of the

11 of 32 Frontex Guidelines for Processing of Third-Country Nationals through Automated Border Control

registered traveller (RT); (2) the exemption of RTs from certain aspects of the thorough check; and (3) the replacement of the cur- rent stamping of travel documents by the electronic recording and verification of data in the EES. As proposed by the Commission, both the EES and the RTP would require the enrolment and verification of fingerprints.

These amendments open up three scenar- ios for the processing of TCNs through ABC. For TCNs enrolled in the RTP, all the stages can be fully automated at both entry and exit, since the checks on the purpose of stay and the means of subsistence have been waived. For non-enrolled TCNs, the possibilities in- clude an ABC or ABC-assisted implementation where the entry requirements that are still applicable could be performed by answering the questions on a touch screen where the decision to authorise entry or exit would be done manually or electronically by a super- vising border guard.

The ABC system may facilitate both EU/EEA/ CH citizens and TCNs. However, if different workflows and biometrics apply to the two groups, particular attention should be paid to the provision of customer guidance and instructions.

In ABC for TCNs all the applicable require- ments and recommendations regarding the document authentication, biometric verifi- cation and quality control processes listed in the BPOG and BPTG shall apply. Additionally, with respect to the fingerprint scanning pro- cess, the fingerprint quality control and re- quirements recommendations of the GPVIS should be adhered to.

12 of 32 Terminology

Although the recommendations and guidelines there may exist valid reasons in par- presented in this document are non-binding ticular circumstances when the par- for Member States, the present terminology2 ticular behaviour is acceptable or even has been adopted in order to provide an un- useful, but the full implications should ambiguous description of what should be ob- be understood and the case carefully served in order to achieve a coherent approach weighed before implementing any be- with a common security baseline across the haviour described with this label. European Union’s external borders. MAY This word, or the adjective ‘OPTIONAL’, SHALL This word, or the terms ‘REQUIRED’ means that an item or feature is truly or ‘MUST’, is to be understood as an optional. For example, a vendor may absolute requirement. choose to include the option because a particular marketplace requires it or be- SHALL NOT This phrase, or the phrase ‘MUST cause the vendor feels that it enhances NOT’, is to be understood as an abso- the product while another vendor may lute prohibition. omit the same item or feature. An im- plementation which does not include SHOULD This word, or the adjective ‘REC- a particular option MUST be prepared OMMENDED’, means that there may to interoperate with another imple- exist valid reasons in particular circum- mentation which does include the op- stances to ignore a particular aspect, tion, although perhaps with reduced but the full implications must be un- functionality. In the same sense an im- derstood and carefully weighed before plementation which does include a par- choosing a different course. ticular option MUST be prepared to interoperate with another implementa- SHOULD NOT This phrase, or the phrase tion which does not include the option. ‘NOT RECOMMENDED’, means that

2 See Bradner, Scott, ‘Key words for use in RFCs [requests for comments] to indicate requirement levels’, BCP 14, RFC 2119, 1997. (A request for comments (RFC) is a formal document (type of publication) from the Internet Engineering Task Force (IETF) that is the result of committee drafting and subsequent review by interested parties. Some RFCs are informational in nature. Of those that are intended to become internet standards, the final version of the RFC becomes the standard and no further comments or changes are permitted).

13 of 32 Frontex Guidelines for Processing of Third-Country Nationals through Automated Border Control

1. Introduction

1.1. Purpose and audience 1.2. Scope and methodology

This document presents a generic techni- The scope and content of the present doc- cal and operational framework for the im- ument is aligned, when applicable, with the plementation of automated border control European Commission’s proposals to estab- (ABC) systems capable of processing third- lish an entry/exit system (EES proposal)3, country nationals (TCNs), both visa holders a registered traveller programme (RTP and visa exempt, at the EU’s external borders. proposal)4 and amendments to the SBC (SBC ABC is defined as the use of automated sys- amendments)5 constituting the ‘Smart bor- tems which can verify the identity of trav- ders’ package as well as the International Civil ellers at border crossing points (BCPs) and Aviation Organisation’s (ICAO) recommen- automatically determine eligibility for bor- dations on the use of e- for auto- der crossing according to predefined rules. mated border control without enrolment6, as These rules need to observe the procedures available at the time of writing7. The existing and requirements set in the Schengen Borders Code (SBC) for carrying out border checks. The system’s human oversight is provided 3 Proposal for a Regulation of the European by a border guard stationed in a monitor- Parliament and of the Council establishing an Entry/ ing and control station, who supervises the Exit System (EES) to register entry and exit data of third-country nationals crossing the external whole process. borders of the Member States of the European Union, COM(2013) 95 final 2013/0057 (COD). The document has been elaborated in an 4 Proposal for a Regulation of the European effort to clarify the legal, operational and Parliament and of the Council establishing a technical aspects of ABC implementations Registered Traveller Programme, COM(2013) 97 final 2013/0059 (COD). aimed to facilitate TCN border crossings as 5 Proposal for a Regulation of the European they exist today and could exist in the future. Parliament and of the Council amending The intended audience consists of technical Regulation (EC) No 562/2006 as regards experts involved in the design and imple- the use of the Entry/Exit System (EES) and mentation of ABC systems in the EU Mem- the Registered Traveller Programme (RTP), COM(2103) 96 final 2013/0060 (COD). ber States. Project managers and system 6 See in particular ‘Communication from the architects from border management au- Commission to the European Parliament, the thorities will find here references to detailed Council, the European Economic and Social technical information allowing for the spec- Committee and the Committee of the Regions: ification and implementation of a system Preparing the next steps in border management in the European Union’, COM(2008) 69 final, that performs to standards and complies 13.2.2008; ICAO, ‘Guidelines for electronic with the legal requirements. In addition, — Machine-readable Travel Documents & current and prospective practitioners and Passenger Facilitation’, Version — 1.0, 17.4.2008. decision-makers at national and EU levels 7 It should be noted that at the time of writing, the may benefit from a better understanding of ‘Smart borders’ pilot coordinated by the European Agency for the Operational Management of the technical, operational and legal aspects Large-Scale IT Systems in the area of Freedom, of the implementation of ABC systems pro- Security and Justice (eu-LISA) is ongoing, thus the cessing TCNs. proposals may, as a result, be subject to changes.

14 of 32 systems and legal framework for processing ber States and changes to the legislation TCN travellers by ABC systems are also de- regulating TCN processing proposed by the scribed in order to provide information on European Commission, as well as consulta- the changes, challenges and opportunities tions with experts and with the Commission. offered by the proposals. In particular, the present document provides insight into the In particular, the following tasks were un- functioning and requirements concerning: dertaken by the WG members: nnthe infrastructure and processes of ABC nnstating the problem and goals; for TCNs today and as proposed by the nnanalysing the SBC amendments and the European Commission; EES and RTP proposals; nnthe physical architecture of an ABC sys- nnelaborating the list of relevant topics to tem for TCNs; be covered; nnthe document authentication process; nndebating and agreeing on proposed nnthe biometric verification process; guidelines; nnquality control aspects of ABC systems. nnconstructing the present document; nnconducting an internal and external re- Travel documents considered and view of the document; biometric markers used nnapproving these guidelines.

ABC systems can be divided into two types: This document is intended to be a dynamic (a) systems without pre-enrolment based on one, subject to regular updates in an at- the use of an electronic travel document; and tempt to gather and disseminate knowl- (b) systems based on pre-enrolment which edge on state-of-the-art technologies and generally take the shape of registered travel- best current practices regarding ABC sys- ler programmes. The European Commission tems for TCNs, to reflect further development encourages Member States to deploy ABC on the three legislative proposals within the systems without pre-enrolment for EU citi- framework of the legislative procedure and zens carrying ICAO-compliant e-passports. to follow the implementation of the ‘Smart borders’ pilot carried out in 2015. The guide- Most ABC systems currently in use support lines will be validated through consultations facial recognition as the main biometric ver- with relevant stakeholders and with techni- ification method. However, the RTP proposal cal/operational experts in the field of ABC. and the SBC amendments assume the use of fingerprints for TCNs and, if implemented as 1.3. About best practices proposed, would require the use of a sepa- and guidelines rate token for TCNs and enable the usage of regular machine-readable travel docu- Frontex has published best practice guidelines ments (MRTDs). on the operational and technical aspects of ABC solutions, namely the ‘Best Practice Op- Methodology erational Guidelines’ (BPOG) and ‘Best Prac- tice Technical Guidelines’ (BPTG) for ABC. A The methodology used by the ABC working best practice is a technique, method, pro- group (WG) to develop this document in- cess, activity, incentive or reward which con- cluded thorough analysis and discussion of ventional wisdom regards as more effective the current regulatory framework of the bor- at delivering a particular outcome than any der checks applicable to TCNs, current ABC other technique, method, process, etc. when implementations processing TCNs in Mem- applied to a particular condition or circum-

15 of 32 Frontex Guidelines for Processing of Third-Country Nationals through Automated Border Control

stance. In the Schengen context, for example, eral, non-mandatory principles aiming to best practices are defined as ‘a non-exhaus- streamline particular procedures according to tive set of working methods or model meas- a set routine. The aim is to complement the ures which must be considered as the optimal BPOG and BPTG as well as the ‘Good Prac- application of the Schengen acquis, on the un- tices in Practical Implementation of the Visa derstanding that more than one best practice Information System at EU Borders’ (GPVIS) by is possible for each specific part of Schengen clarifying the legal, operational and techni- cooperation’8. cal aspects of ABC implementation aimed at processing TCNs as they exist today and as For a best practice to be identified there foreseen in the European Commission’s pro- needs to be conclusive evidence of its ef- posals to establish an RTP and an EES. fectiveness based on sufficiently broad -ex perience. This is the case concerning the 1.4. How to read this document development and implementation of ABC sys- tems without pre-enrolment for EU/EEA/CH These guidelines should be read in combina- nationals carrying ICAO-compliant e-pass- tion with the aforementioned Frontex docu- ports, as these kinds of solutions have been ments, namely the ABC BPOG and BPTG, as in operation in a significant number of Mem- well as the GPVIS. In particular, technical as- ber States for an extended period of time. pects are not repeated in this document, but references are made to the BPTG and GPVIS, In contrast, there is only limited experience when applicable. in the EU as regards the use of ABC systems to process TCNs. In this light, the scope of Clarification of the terminology used, a glos- the present document is circumscribed to sary and a list of acronyms can be found at the provision of guidelines, that is, of gen- the beginning of the document.

8 Council of the EU, ‘EU Schengen Catalogue: External borders control, return and readmission — Recommendations and best practices’, Council document No 7864/09, 19.3.2009, p. 6.

16 of 32 2. Legal framework for border checks on third-country nationals

The Schengen Borders Code sets the frame- The SBC, however, sets a number of addi- work for the various border control meas- tional requirements for border checks on ures which are implemented at the external TCNs, such as the examination of the entry BCPs of the Schengen area. The notion of ‘bor- and exit stamps in order to verify that the der checks’ means the checks carried out at person has not already exceeded the maxi- BCPs, to ensure that a person, including their mum duration of authorised stay in the ter- means of transport and the objects in their ritory of the Member States, the verification possession, may be authorised to enter the of the purpose of the intended stay and that territory of the Member States or author- the person has sufficient means of subsist- ised to leave it. ence. These requirements limit the possibil- ities to automate the processing of TCNs, as According to the SBC, EU citizens and those some of the required checks cannot be per- enjoying the right of free movement are sub- formed by ABC systems but have to be com- ject to a ‘minimum check’, which consists of pleted manually. establishing their identities on the basis of presented travel documents and a straight- Moreover, one of the most challenging as- forward verification of their validity and au- pects of border checks on TCN visa holders thenticity, including consultation of databases, is the obligation to verify the identity of the when necessary. With the issuance of e-pass- visa holder and the authenticity of the visa ports by Member States, an infrastructure for by using the fingerprint of the traveller. This travel document authentication and biome- requirement, set by the SBC on the basis of tric verification emerged; this made it tech- the provisions of the Visa Information Sys- nically feasible to perform minimum checks tem (VIS) regulation9, has been mandatory automatically with the use of ABC systems. since October 2014. Some Member States have successfully im- plemented such solutions to facilitate border crossings by EU/EEA/CH passport holders.

9 Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation).

17 of 32 Frontex Guidelines for Processing of Third-Country Nationals through Automated Border Control

3. Current procedure for border checks on third‑country nationals

3.1. TCN manual border check process

The manual border check process for a TCN traveller consists of the following steps.

Figure 1. TCN on entry Figure 2. TCN on exit

1. Document/s 1. Document/s

2. Allowed stay? 2. Allowed stay?

3. Purpose of stay? 3. Consult systems

4. Financial means? 4. Accept/reject

5. Consult systems 5. Stamping

6. Accept/reject 6. Entry/exit

7. Stamping

8. Entry/exit

18 of 32 Figure 3. TCN-VH on entry Figure 4. TCN-VH on exit

1. Document/s 1. Document/s

2. Fingerprint scan 2. Fingerprint

3. Allowed stay? 3. Allowed stay?

4. Purpose of stay? 4. Consult

5. Financial means? 5. Accept/reject

6. Consult systems 6. Stamping

7. Accept/reject 7. Entry/exit

8. Stamping for processing TCNs through ABC systems. In practice, only the steps of document authen- tication, identity verification (referred to as the ‘Document check’) and database queries (re- 9. Entry/exit ferred to as ‘Consult systems’) can be auto- mated. The configuration of an ABC system can, however, also include processes such as Figures 1 and 2 illustrate the content of a thor- entry/exit recording into national systems or al- ough check as defined by the SBC; dotted lines low for checking the eligibility of the traveller’s indicate that the step is optional. In practice, nationality to use ABC where eligible national- these steps can take place in parallel or in se- ities have been restricted, for example to visa- quence. In some Member States, the process exempt nationalities only. These requirements also includes the consultation and entering of have so far, regardless of the growing number data into a national entry/exit system. of e-passport holders among TCN travellers, limited the expansion of ABC systems for the As noted above, currently the requirements set processing of TCN and had a negative impact by the SBC considerably limit the possibilities on the cost-efficiency of the systems.

19 of 32 Frontex Guidelines for Processing of Third-Country Nationals through Automated Border Control

While Figures 1 and 2 describe the basic border 3.2. Existing ABC and ABC- check process for both TCN traveller groups assisted processing of TCNs — visa exempt (VE) and visa holders (VH) — the VIS verification process for TCN-VH, il- Despite the fact that many of the TCN pro- lustrated in Figure 3, comprises yet another cessing phases, in particular on entry (Fig- phase, i.e. fingerprint scan. This additional ure 1), cannot be automated, some Member phase, which has been depicted as a sepa- States have launched pilots and implemented rate step, is in reality part of the document operational ABC systems for TCNs. In these check as it is connected to the visa verifica- implementations, the basic process flow can tion and authentication. be depicted as below (Figures 5 and 6).

Figure 5. ABC-assisted control for TCN on entry

ABC MANUAL CONTROL

1. Document/s

2. Consult systems 3. Visa/permit

4. Allowed stay?

5. Purpose of stay?

6. Financial means?

7. Accept/reject

8. Stamping

9. Entry/exit

20 of 32 Figure 6. ABC-assisted control for TCN on exit

ABC MANUAL CONTROL

1. Document/s

2. Consult systems 3. Visa/permit

4. Allowed stay?

5. Accept/reject

6. Stamping

7. Entry/exit or 7. Entry/exit

3.2.1. Finland similar and based on facial verification against the traveller’s photograph stored in the e- The Finnish Border Guard has piloted an ABC MRTD chip. Both workflows can be enabled solution for the assisted processing of TCN- by the supervising officer and, if necessary, VE travellers at the exit controls of Helsinki- used at the same time, thus enabling joint Vantaa Airport. The exit e-gates are available usage of the gates by the two groups of to a limited group of nationalities. At the time passengers. However, due to the stamping of writing, TCN-VE travellers holding pass- requirement, the gates used by the TCN-VE ports issued by Australia, Japan, New Zea- are separated by a barrier guiding the trav- land, South Korea and the United States are ellers to an officer to have their passports allowed to use ABC. At entry, the e-gates are stamped. Registration of eligible TCNs is not available only for Japanese travellers. required.

A specific workflow has been created in the Finland has also launched a pilot to test the ABC system to support systematic database ABC for TCN-VH travellers at the Port of queries (as opposed to the randomised ones Helsinki. The purpose of this pilot is to study used for the EU/EEA/CH workflow) and the the aspects of the ‘Smart borders’ proposals recording of entry and exit data in the na- mentioned above and contribute to the cre- tional EES system. Otherwise the processes ation of the EES and the RTP through a real for TCN-VE and EU/EEA/CH processing are life experiment. This process comprises both

21 of 32 Frontex Guidelines for Processing of Third-Country Nationals through Automated Border Control

fingerprint scanning and facial recognition as EasyPASS is a two-step solution whereby the well as entry/exit recording. RT is directed towards the ABC system at the airports participating in the programme. 3.2.2. Germany The RT has to place his or her passport on the document reader; after the passport has EasyPASS in Germany has a built-in RTP func- been recognised and the participation sta- tionality that can be used by TCNs of cer- tus has been checked in the EasyPASS-RTP tain nationalities at entry and exit controls database, the door to the lane will open and of participating airports. Based on agree- the live image of the face of the RT will be ments in place with the United States and verified against the passport photo. If face Hong Kong concerning the mutual use of recognition is successful, RTs have to wait ABC systems, the holders of e-passports is- until a border guard opens the exit door and sued by the United States and Hong Kong then have to move forward to the monitor- aged 18 years and above are eligible to reg- ing booth, where the additional entry re- ister for the programme. quirements are checked and the passport is stamped. After these actions have been per- Participation in EasyPASS-RTP is free of formed the border check is completed. charge. To register in EasyPASS-RTP, the traveller should visit an enrolment centre 3.2.3. Netherlands at a participating airport10. The enrolment procedure comprises a questionnaire and The regular e-gates in the Netherlands are a personal interview. The enrolee is asked targeted at EU/EEA/CH travellers, but there to sign a form confirming his or her volun- are RTPs in place allowing TCN travellers to tary participation in EasyPASS-RTP and con- use biometric gate systems as well. These senting to the storage of his or her personal programmes require a pre-vetting and en- data. Subsequently the Federal Police checks rolment and the traveller is issued a separate whether the RT meets the participation re- token on which his/her iris image has been quirements, the validity and authenticity of stored. The options for facilitating the bor- the travel document and whether there are der crossing of these RTP travellers through any security issues that preclude the enrol- the e-gates in the future are currently be- ee’s participation in the RTP. The RT data is ing explored. checked against available police information systems. Provided that there are no objec- As regards TCNs, the programme is now avail- tions for security reasons, the personal data able only to US citizens based on a bilateral is stored in the EasyPASS-RTP database of agreement enabling the use of similar facil- the Federal Police. If the RT completes the itation schemes for Dutch travellers in the procedure successfully, he or she is able to United States. The discussed new processing use EasyPASS-RTP immediately and for the of these TCNs foresees that residence per- remaining validity of his or her e-passport. A mit holders would be able to use the gates confirmation of the recorded data and of the as EU/EEA/CH citizens as they are not sub- purpose of its use (in accordance with Ger- ject to the stamping requirement, while those man law) is issued. not having a permit would be guided to an officer for stamping.

10 As of June 2015, enrolment centres are available at Frankfurt Airport and Munich Airport. Other enrolment centres will open shortly.

22 of 32 3.2.4. United Kingdom e-gate at the point at which they enter the United Kingdom. As part of the terms and The UK recently began its own conditions, RTs acknowledge acceptance of RTP. This has been introduced in two stages, this leave and they agree to abide by the rules the first as a pilot to allow testing of the pro- in accordance with their enrolment. cesses for a small cadre of eligible enrolees and the second to increase the eligible pool, A subscription fee is charged for successful allow the use of e-passport gates (ABC) and RTs. It is also foreseen that eligibility will be charge a fee for the service. extended to other ‘low-risk’ traveller groups over time, including TCN-VH, and that the Currently, membership in the RTP is restricted ability to undertake fingerprint capture to to TCNs from Australia, Canada, Japan, New carry out identification/verification will be Zealand and the United States who travel incorporated into the system. Business cases regularly to the United Kingdom. To enrol, for ABC already take into account the usage the TCN first registers his or her details and by RTs as part of their cost–benefit analysis agrees to the terms and conditions of the on a port-by-port basis. scheme on the RTP website11. Background checks are carried out against government 3.2.5. Local border traffic systems and if successful the TCN is sent a confirmation letter. On his or her next ar- Member States having local border traffic rival to the United Kingdom the TCN gives agreements in accordance with Regulation this letter to the border guard who carries (EC) No 1931/200612 could also benefit from out their usual checks. The border guard con- the use of ABC or ABC-assisted processing of firms that the travel history and intentions TCNs, but so far no Member State has imple- of the TCN are acceptable for the scheme. If mented ABC systems for this purpose. successful, the border guard confirms his or her acceptance into the scheme. From this Spain has been planning the introduction of point onwards the TCN is allowed to use ei- an ABC system for Gibraltar which in prin- ther a dedicated RTP desk or the EU chan- ciple would be similar to an implementation nel to enter the United Kingdom (depending serving local border traffic. on the configuration of the port concerned).

TCNs who hold an e-passport will be allowed to use the e-passport gates (ABC) where available. The majority of RTs will be expected to use ABC, which will work in broadly the same way as for EU passengers (facial rec- ognition against the passport photo and live checks against government watch lists).

Legislation stipulating that the RTs who use the e-passport gates will not have their pass- ports stamped was passed in 2010. Instead 12 Regulation (EC) No 1931/2006 of the European they will be granted ‘authorised leave’ by the Parliament and of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen 11 See: http://www.gov.uk/registered-traveller Convention (OJ L 405, 31.12.2006).

23 of 32 Frontex Guidelines for Processing of Third-Country Nationals through Automated Border Control

4. Perpectives on TCN ABC in the future

4.1. Legal framework According to the RTP proposal, an RT would be issued with a token contain- The European Commission has put forward ing the RT’s unique identifier number in legislative proposals on the establishment a machine-readable format. This unique of an EES and an RTP together with amend- identifier number (token) and the num- ments to the SBC within the context of the ber of the travel document shall be used ‘Smart borders’ package13. The aim is to fa- in order to verify that access to the RTP cilitate border checks at the EU’s external has been granted. Additionally, verifica- borders and to enable the usage of the ABC tion of the RT’s identity by verifying his infrastructure by a larger population. or her fingerprints shall be performed.

The purpose of the proposed EES is to estab- 2. Introduction of an exemption for RTs from lish an information system which would allow certain parts of the thorough check. the recording of entry and exit information of TCNs. The EES would also comprise an auto- An RT would be exempted from the thor- mated stay duration calculator to inform the ough check of the travel document as well border guards of the time the TCN has spent as from the verification of the points of in the territory of the Member States and departure and destination, the purpose of alert them on overstayers. The RTP would the stay, including supporting documents, allow certain groups of frequent travellers and the possession of sufficient means of from third countries to pre-register in order subsistence. to use ABC facilities when available at BCPs. Like the VIS, both systems would require the 3. Replacement of the current stamping of enrolment and verification of fingerprints. travel documents by the electronic record- ing and verification of data in the EES. The main proposed amendments to the SBC that would impact the implementation of the The SBC amendments contain a general ABC for TCNs are the following. obligation for TCNs entering the Schen- gen area to be registered in the EES. In ad- 1. Establishment of an obligation to check dition, during the border checks on entry whether a person has been granted ac- and exit there will be the obligation to ver- cess to the RTP and verification of the ify whether a TCN has already been reg- identity of an RT. istered in the EES and to check whether the person has not exceeded the maxi- mum duration of authorised stay. 13 It should be noted that, at the time of writing, the European Commission initiated a proof of 4. Other relevant amendments include: concept exercise aimed at identifying options for nnthe introduction of a compulsory au- implementing the ‘Smart borders’ package, which included a technical study led by the Commission thenticity check of the chip in travel and a pilot project led by eu-LISA. documents containing an electronic

24 of 32 storage medium; according to the The process shall be monitored and fol- draft provisions if the passport or other lowed by an individual decision by the bor- travel document contains an electronic der guard to authorise or refuse entry. In storage medium (chip), the authen- practice, this option means that the self- ticity of the data stored on the chip service kiosks provide the means to answer shall be ascertained using the com- questions concerning the entry require- plete valid certificate chain, unless this ments listed in Article 7(3) of the SBC and is impossible due to the non-availability it is not a fully automated ABC system. of valid certificates or for other tech- 3. Thorough exit checks on RTs and TCNs nical reasons; whose fingerprints are stored in the VIS, nnthe obligation to provide information or on a travel document from which fin- to the traveller on the remaining pe- gerprints may be technically and legally riod of authorised stay when requested; accessed by the border guard, may be car- nnthe setting of three groups of indica- ried out with the use of ABC systems un- tions/pictograms to be used at ABC der the supervision of a border guard. gates: one for EU/EEA/CH citizens, one for third-country nationals and one for 4.2. Future scenarios for TCN ABC all passports. In the above scenarios the content of the The proposed systems are based upon the border checks on TCNs established by the usage of fingerprints as biometric identifi- SBC would consist of the following phases. ers in both the EES and RTP with the excep- tion that visa holders’ fingerprints already When these border checks are implemented entered in the VIS would not be entered in by ABC or ABC-assisted means, they should the EES. comprise the following stages.

These amendments would enable the pro- The document scan phase refers to the scan- cessing of TCNs through ABC; however, they ning of the travel document and the RT’s to- also present some challenges and create ken or the visa, if applicable. All the document new requirements. According to the pro- authentication procedures described in Sec- posals, an ABC system targeted at TCNs or tion 4 of the BPTG SHALL apply, with the ex- the assisted processing of TCNs through ception of Subsections 4.3 and 4.4 in case of ABC would be possible under the following a non-electronic passport. circumstances. 1. Checks on RTs on entry may be carried out When the biometric capture is performed the through ABC supervised by a border guard. recommended practices described in Sections This applies only to those TCNs who have 5.1 and 5.2 of the BPTG and those in the GPVIS been pre-vetted and have been granted SHALL be taken into account. The amount of the access to the RTP. biometric data and the quality requirements 2. For TCNs whose fingerprints are stored thereof shall be defined in the legal and im- in the VIS or on a travel document from plementation instruments of the EES and RTP. which fingerprints may be technically and legally accessed by the border guard, thor- Processing the scan results refers to a phase ough checks on entry may be carried out where the travel document, token and bio- through ABC in combination with self-ser- metric capture results are being processed vice kiosks to examine the aspects of thor- and data is being collected to perform the ough checks listed in Article 7(3) of the SBC. required database and system queries.

25 of 32 Frontex Guidelines for Processing of Third-Country Nationals through Automated Border Control

Figure 7. Border check of an RT-TCN on Processing the results will provide the sys- entry and exit tem and the operator with the necessary in- For RT-TCN formation to decide how the traveller should be processed further, including the calcula- 1. Document/s tion of the allowed duration of stay.

In this phase, the traveller will either be al- lowed to cross the border or rejected or re- 2. Visa/permit ferred to the second line.

In this phase, the system creates a message in accordance with the EES technical spec- 3. Biometric ifications to create the entry/exit record in the EES; this is done on the basis of the de- cision to accept entry and making use of the information collected in the first and second 4. Consult systems phases, complemented with other data pro- vided by the system and received from the EES query. As noted above, these messages SHALL be created in compliance with the EES 5. Allowed stay? specifications. It should be noted that de- pending on the required information, it may only be possible for a TCN-VE RT to use the ABC from the second entry onwards. 6. Accept/reject In order to ensure that all entries and ex- its are recorded and entered into the EES in accordance with the legal requirements, it 7. Entry/exit is RECOMMENDED that the system is pro- vided with an electronic transaction receipt either from the national system or from the central EES confirming that the transaction was successful. This receipt may also con- Processing the collected data refers to a pro- tain the end date of the maximum allowed cess where the data in the third phase is be- stay duration of the traveller, which may be ing processed by the system and required made visible to the traveller. messages are being created in defined for- mats to query the necessary central and na- When all the required transactions and pro- tional databases. cesses are successfully performed, the sys- tem allows the traveller to cross the border. System consultation refers to performing queries in all required databases both at cen- The proposed legal instruments foresee bio- tral and national levels. These queries include metric verifications being performed at the queries to any watch lists, the RTP central central system level only. repository and the EES, which would also provide information about the allowed stay The details applicable to the consultation of duration of the traveller. the EES and the RTP will be defined in the le-

26 of 32 Figure 8. Border check of a non-RT-TCN on entry and exit

For non-RT-TCN on entry For non-RT-TCN on exit

1. Document/s 1. Document/s

2. Visa/permit 2. Visa/permit

3. Biometric 3. Biometric

4. Consult systems 4. Consult systems

5. Allowed stay? 5. Allowed stay?

6. Purpose of stay? 6. Accept/reject

7. Financial means? 7. Financial means?

8. Accept/reject 8. Entry/exit

9. Entry/exit

gal instruments, the technical specifications For a non-RT-TCN, the SBC amendments and the technical implementing measures of offer other possibilities regarding ABC or these systems. ABC-assisted implementation, where the still applicable checks of entry requirements For an RT-TCN, all the stages can be fully could be performed by answering the ques- automated at both entry and exit, since the tions on a touch screen by the border guard checks on the purpose of stay and the means or where the decision to authorise entry or of subsistence have been waived. exit would be done manually or electronically

27 of 32 Frontex Guidelines for Processing of Third-Country Nationals through Automated Border Control

by a supervising border guard. Additionally, Figure 9. ABC implementation for TCNs for the document scanning and biometric cap- whom full automation is allowed ture phases could be implemented with the use of a self-service kiosk. 1. Document scan

4.3. TCN ABC topology considerations 2. Biometric The SBC amendments foresee the possibil- ity to deploy both a full ABC system and a self-service kiosk solution for TCNs. The ABC system may facilitate both the EU/EEA/CH 3. Process results citizens and TCNs. If this option is selected for cost-efficiency or other reasons, particu- lar attention should be paid to the provision of customer guidance and to the instructions 4. Process data displayed by the system if different biomet- ric markers and workflows are used for the two groups. Also, due to a growing cultural diversity of ABC users, the used instructions 5. Consult systems and/or animations should be globally un- derstandable to the highest extent possible.

The different options for the deployment of 6. Process results ABC systems as regards their architecture and topologies have been discussed in de- tail in Subsection 3.6 of the BPOG and Sec- tion 3 of the BPTG. 7. Accept/reject

8. Submit EES entry

9. Receipt from EES

10. Proceed

28 of 32 5. The document authentication and biometric verification processes

In an ABC for TCN(s) all the applicable requirements and recommendations listed in the BPOG and BPTG shall apply. When considering the fingerprint scanning process in general and for the VIS verification purposes, attention should be paid to the recommendations of the GPVIS.

6. Quality assurance

With respect to quality assurance, the recommendations listed in Section 6 of the BPTG shall apply. Regarding the fingerprint quality control and requirements, the recommendations of the GPVIS should be adhered to.

29 of 32 Frontex Guidelines for Processing of Third-Country Nationals through Automated Border Control

7. Conclusions

The present document has provided guide- the means of subsistence have been waived, lines on the implementation of ABC systems or as an assisted implementation checking to process TCNs at the EU’s external borders. entry requirements through a self-service ki- The legal framework applicable to border osk or by a supervising border guard, in the checks on TCNs was first introduced, with case of TCNs who are not RTs. particular regard to those legal requirements that pose a challenge to their automation. By Importantly, these guidelines draw heavily reviewing pilot projects and implementations on the configuration of the EES and RTPas in four Member States, namely Finland, Ger- proposed by the European Commission. many, the Netherlands and the United King- However, the content of the proposals may dom, the guidelines then presented current undergo significant modifications through- practices at the national level concerning out the legislative procedure, including the the use of ABC for TCN processing. Finally, possibility of the presentation of new legis- the document illustrated a number of pos- lative proposals by the Commission and/or sible scenarios concerning the development the introduction of amendments during the and implementation of ABC solutions for negotiations between the European Parlia- TCNs, in light of the European Commission ment and the Council of the EU. The guide- proposals to establish an RTP and an EES. It lines will be subject to updates to reflect is concluded that the proposals open up the such changes, as well as to reflect techni- possibility to use ABC as a fully automated cal improvements and developments in na- system on both entry and exit, for RT-TCNs tional practices. for whom checks on the purpose of stay and

30 of 32 Annex: References

Bradner, Scott, ‘Key words for use in RFCs European Commission, ‘Proposal for a reg- to indicate requirement levels’, BCP 14, RFC ulation of the European Parliament and of 2119, March 1997. the Council establishing a registered traveller programme’, COM(2013) 97 final 2013/0059 Council of the European Union, ‘EU Schen- (COD). gen Catalogue: External borders control, return and readmission — Recommenda- European Union, Consolidated versions of the tions and best practices’, Council document Treaty on European Union and the Treaty on No 7864/09, 19.3.2009. the Functioning of the European Union, OJ C 326, 26.10.2012, p. 47. European Commission, ‘Communication from the Commission to the European Parliament European Union, Regulation (EC) No 1931/2006 and the Council: Smart borders — options of the European Parliament and of the Coun- and the way ahead’, COM(2011) 680 final, cil of 20 December 2006 laying down rules 25.10.2011. on local border traffic at the external land borders of the Member States and amend- European Commission, ‘Communication of ing the provisions of the Schengen Conven- 13 February 2008 from the Commission to tion, OJ L 405, 31.12. 2006, p. 1. the European Parliament, the Council, the European Economic and Social Committee European Union, Regulation (EC) No 562/2006 and the Committee of the Regions: prepar- of the European Parliament and of the Council ing the next steps in border management of 15 March 2006 establishing a Community in the European Union’, COM(2008) 69 fi- Code on the rules governing the movement nal, 13.2.2008. of persons across borders (Schengen Borders Code), OJ L 105, 13.4.2006, p. 1 (consolidated European Commission, ‘Proposal for a reg- version of October 2013). ulation of the European Parliament and of the Council amending Regulation (EC) European Union, Regulation (EC) No 767/2008 No 562/2006 as regards the use of the en- of the European Parliament and of the Council try/exit system (EES) and the registered trav- of 9 July 2008 concerning the Visa Informa- eller programme (RTP)’, COM(2103) 96 final tion System (VIS) and the exchange of data 2013/0060 (COD). between Member States on short-stay visas (VIS Regulation), OJ L 218, 13.8.2008, p. 60. European Commission, ‘Proposal for a reg- ulation of the European Parliament and of Frontex, ‘Best Practice Operational Guide- the Council establishing an entry/exit system lines for Automated Border Control (ABC) (EES) to register entry and exit data of third- Systems’, Version 2.0, August, 2012. country nationals crossing the external bor- ders of the Member States of the European Frontex, ‘Best Practice Technical Guidelines Union’, COM(2013) 95 final 2013/0057 (COD). for Automated Border Control (ABC) Sys- tems’, Version 2.0, August, 2012.

31 of 32 Frontex Guidelines for Processing of Third-Country Nationals through Automated Border Control

Frontex, ‘Good Practices for the Practical Im- ICAO, ‘Machine Readable Travel Documents plementation of the Visa Information System Glossary’, (http://www.icao.int/Security/ at EU Borders’, Release 2.1, September, 2014. mrtd/Pages/MRTDGlossary.aspx) (accessed 1.6.2015). ICAO, ‘A Primer on ICAO Public Key Direc- tory: White Paper’, Version V1.5, 20.5.2009. OECD, ‘Cost-benefit analysis,’OECD Glos- sary of Statistical Terms, 2015 (https://stats. ICAO, ‘Doc 9303 — Machine Readable Travel oecd.org/glossary/detail.asp?ID=6377) (ac- Documents’, Part 1 Vol. 2 (2nd edition, 2006) cessed 24.4.2015). and Part 3 Vol. 2 (3rd edition, 2008) [ICAO 9303]. Stevenson, Angus, ed. ‘Watch list’, Oxford Dic- tionary of English, Oxford University Press, Ox- ICAO, ‘Guidelines for electronic — Machine ford, 2010. Readable Travel Documents & Passenger Fa- cilitation’, Version 1.0, 17.4.2008.

32 of 32 European Agency for the Management Print version: of Operational Cooperation TT-02-16-152-EN-C at the External Borders of the Member ISBN 978-92-95205-51-2 States of the European Union DOI 10.2819/86138

Plac Europejski 6 Online version: 00-844 Warsaw, Poland TT-02-16-152-EN-N ISBN 978-92-95205-50-5 T +48 22 205 95 00 DOI 10.2819/39041 F +48 22 205 95 01 [email protected] www.frontex.europa.eu