12 Amendments of Carlos COELHO related to 2011/0242(COD)
Amendment 31 #
Proposal for a regulation
Recital 6
Recital 6
(6) The temporary reintroduction of certain controls at internal borders could also be a response to serious deficiencies identified by Schengentected in the framework of a rigorous evaluations process, in accordance with Article 15 of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, whereas a measure of last resort, and insofar as the circumstances would be such as to constitute a serious threat to public policy or to internal security atin the Union or national levelarea without internal border controls.
Amendment 37 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 53 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23a – paragraph 1– introductory part
Article 23a – paragraph 1– introductory part
1. When deciding onBefore a decision is taken, always as a last resort, for the temporary reintroduction of border control at one or more internal borders or parts thereof, the Commission, in cases referred to in Articles 26, or the Member State concerned in cases referred to in Articles 25 paragraph 13 and 25(1), shall assess the extent to which such a measure is likely to adequately remedy the threat to public policy or internal security at the Union or national level, and shall assess the proportionality of the measure to that threat. This assessment shall be based on the detailed information submitted by the Member State(s) concerned and any other relevant information, including any information obtained pursuant to paragraph 2. In making such an assessment, the following considerations shall in particular be taken into account:
Amendment 60 #
Proposal for a regulation
Article 1– point 1
Article 1– point 1
Regulation (EC) No 562/2006
Article 23a – paragraph 2 – introductory part
Article 23a – paragraph 2 – introductory part
2. Before takadopting a drecisionommendation in accordance with Article 26, the Commission may
Amendment 62 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23a – paragraph 2 – point b
Article 23a – paragraph 2 – point b
(b) carry out inspection visits, with the support of experts from Member States and of Frontex, Europol and any other relevant European body, in order to obtain or verify information relevant for a drecisommendation to temporarily reintroduce border control at internal borders.
Amendment 75 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission shall decide on information referred to in paragraph 1, as well as the opinion that the Commission is required to provide in accordance withe prolongation of border control at internal borders. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33a(2). aragraph 3, shall be the subject of consultations, including joint meetings, between the Member State planning to reintroduce border control, the Member State(s) that might be affected and the Commission, with a view to organising, where appropriate, mutual cooperation between the Member States and to examining the proportionality of the measures to the events giving rise to the reintroduction of border control and the threats to public policy or internal security.
Amendment 79 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The Member State reintroducing border control at internal borders shall at the same time notify the other Member States, the European Parliament and the Commission and accordingly, and shall supply the information referred to in Article 24 (1) and the reasons that justify the use of this procedure. The Commission may consult the other Member States immediately upon receipt of the notification.
Amendment 80 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 25 – paragraph 3
Article 25 – paragraph 3
3. If the serious threat to public policy or internal national security persists beyond the period provided for in paragraph 1, the Commission shall decide on the prolongation of the border control at internal borders. Given the need to take immediate action after the expiry of the period provided for in paragraph 1, which constitutes an imperative ground of urgency, the CommMember State may decide to prolong the border control at internal borders, taking into account the criteria listed in Article 23a, including an updated assessment of the necessity and the proportionality of the measure and taking into account any new elements that might have arisen. The provission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 33a (3)s of Article 24(2) and (4) shall apply accordingly and the consultations shall take place immediately after the notification.
Amendment 85 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In cases where the Commission finds that there are persistent serious deficiencies related to external border control or return procedures identified in the framework of an rigorous evaluation process, in accordance with Article 15 of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, as a measure of last resort, and insofar as these deficiencies constitute a serious threat to public policy or internal security at the Union or national levelwithin the area without internal border controls, border control at internal borders may be reintroduced for a period of no more than six months. This period can be prolonged by a further period of no more than six months if thesuch serious deficiencies are not remedied. No more than three such prolongations will be possible.
Amendment 88 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The Commission shall decide on the reintroduction of border control at internal borders. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33a (2), as a measure of last resort and taking into account the protection of the common interests within the area without internal border controls, and when all other measures, in particular those referred to in Articles 14 and 15 of the Regulation (EU) No .../2012 of the European Parliament and of the Council of [...] [on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis], have been incapable of effectively mitigating the serious threat identified, may recommend one or more specific Member States to reintroduce border control at the relevant internal borders. The Commission shall transmit to the European Parliament and the Council a report assessing the necessity of the reintroduction of border control. The European Parliament may present its opinion within one month after which the Council may decide, by qualified majority, on the reintroduction of border control at internal borders, based on the Commission recommendation and taking into account the opinion of the European Parliament.
Amendment 90 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The Commission shall decide on the prolongation of border control at internal borders. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33a (2)may recommend a prolongation in accordance with the same conditions and procedures, acting in accordance with paragraphs 1 and 2.
Amendment 92 #
Proposal for a regulation
Article 1– point 1
Article 1– point 1
Regulation (EC) No 562/2006
Article 26 – paragraph 4
Article 26 – paragraph 4
4. On duly justified grounds of urgency, related to situations where the circumstances giving rise to the need to prolong border control at internal borders, in accordance with paragraph 3, do not become known until less than 10 days before the planned prolongation, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 33a (3)end of the preceding reintroduction period, the Commission shall adopt immediately any necessary recommendations.