« Intelligent » borders: an European pilot project
The management of borders is in full processing to help the Schengen area to establish a more modern management of borders (for example, automatic check and identification) and more effective by means of high technologies.
The European Commission proposed on February 28th, 2013, a package of measures entitled « intelligent Borders ». This package contains legislative proposals to establish two systems intended to accelerate, to facilitate and to strengthen control procedures on borders for nationals of third countries moving inside the Schengen area.
First of all, the « EES », a system centralized of input-output which records the date and the place of entrance and exit of all nationals of third countries who enter the Schengen area or who exit it. And finally, « RTP » which is a program of recording of standardized travelers, the grace in which the nationals of third countries who travel frequently and who were the object of a control of preliminary safety can enter the Schengen area (and go out of it) for minimal checks to the borders.
Besides, to deepen the various manners to approach the technical, financial and organizational difficulties which represents the management of borders, the European Commission with the support of the European Parliament and Member states, began an exercise of validation of the « proof-of-concept » concept to identify, to estimate and to test the technical solutions of implementation of the package « intelligent Borders ».
The set up exercise consists in two phases:
The first phase constitutes the technical study managed by the Commission to identify and to estimate the options and the most promising and most adapted solutions and to realize estimations of costs.
The second phase is an experimental phase or a « trial phase » commanded by the Commission the European Agency for the operational management of large-scale information systems within the space of freedom, safety and justice « eu – LISA « .
The main objective of the experimental phase was to test a number limited by technical options according to specific criteria in relevant operational environments. These criteria being the precision, efficiency and incidence of the time required to cross a border. The trial phase aimed at defining the best technical solutions guaranteeing faster and safer control procedures, in the respect for fundamental rights and of the principles regarding data protection.
The pilot study » intelligent Borders « , made a success
Indeed, the tests realized within the framework of the pilot project were led successfully through Europe, in 12 voluntary States, between March and September 2015. Technical options to be tested and to be analyzed were limited to 13 experimental cases such as the capture of four, eight or ten fingerprints or the use of borders self-service.
During the experimental phase, it was not planned to realize tries by using real data on travelers. The pilot project was led in the respect of the existing legislation. The participation of travelers was totally voluntary. All the tests were made by Member states in cooperation with the national authorities of data protection and under their narrow control.
Consequently, the Commission announced that it would present a legislative proposal modified at the beginning of 2016. Once adopted by the co-legislators, she should allow eu – LISA to develop this « intelligent » system and to put into service it before 2020.
Étudiant en Master 2 Droit de l’économie numérique à l’Université de Strasbourg. Je m’intéresse à l’évolution du cadre juridique des Nouvelles Technologies. Par ailleurs, disposant d’un atout multiculturel, j’aimerai me consacrer aux évolutions que pourraient entreprendre l’Union Européenne avec les pays tiers dans le domaine juridique et technique des NTIC et notamment des données personnelles.