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Activities of Anne-Sophie PELLETIER related to 2021/0428(COD)

Shadow reports (1)

REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/399 on a Union Code on the rules governing the movement of persons across borders
2023/09/27
Committee: LIBE
Dossiers: 2021/0428(COD)
Documents: PDF(383 KB) DOC(168 KB)
Authors: [{'name': 'Sylvie GUILLAUME', 'mepid': 96952}]

Amendments (98)

Amendment 93 #
Anne-Sophie PELLETIER
Proposal for a regulation
–
The European Parliament rejects the Commission proposal.
2022/12/12
Committee: LIBE
Amendment 95 #
Anne-Sophie PELLETIER
Proposal for a regulation
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(b) and (e) and Article 79(2)(c) thereof,
2022/12/12
Committee: LIBE
Amendment 96 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 1 a (new)
(1 a) The creation of an area guaranteeing the freedom of movement of persons across internal borders is one of the Union's major achievements. It is based on trust and solidarity between the Member States which have agreed to participate in the construction of this area and cannot be subject to the vagaries of the reintroduction of internal controls except as a last resort and only in very exceptional and duly justified circumstances subject to consultation between the States concerned and under the strict control of the Commission
2022/12/12
Committee: LIBE
Amendment 98 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 2
(2) Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 (“Schengen Borders Code”)42 lays down rules governing the movement of persons to and from the area without controls atprovides for the absence of border control of persons crossing the internal borders (of the “Schengen Area”) as well as between the Member States that participate in the Schengen AreaMember States of the Union and lays down rules governing border control of persons crossing the external borders the Member States of the Union. _________________ 42 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p. 1.
2022/12/12
Committee: LIBE
Amendment 101 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 3
(3) In recent years, the Schengen area has been subject to unprecedentedmany Member States have resorted to internal border control to address challenges, which by their nature were not confined to the territory of any single Member State. Such challenges underscored the fact thatIn an area of freedom, security and justice, the preservation of public order and security in the Schengen area is a shared responsibility requiring joined and coordinated action at Union level and between Member States and at Union level. They also highlighted gaps in the existing rules governing the functioning of the Schengeon the basis that this area of freedom, security and justice remains free of internal border controls, and the reintroduction of internal border controls should remain exceptional and strictly controlled. The reintroduction of internal border controls should be decided only as a last resort, in agrea both at external and internal borders and the need to createement between the Member States concerned, for a strictly limited period of time, renewable on an exceptional basis and insofar as stronger and more robust framework allowing for a more effective response to challenges faced by the Schengen area. uch controls are necessary and proportionate to the serious threats to public order or internal security which have been invoked by the requesting State, identified and verified. Such checks must be suspended immediately if it is found that the grounds invoked by the requesting State are not convincing or have not been respected. Controls of migrants in an irregular situation should never, per se, be a ground.
2022/12/12
Committee: LIBE
Amendment 107 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 4
(4) Border control at external borders in full compliance with fundamental rights is in the interest not only of the Member State at whose external borders it is carried out but of all Member Statesthe Union as a whole and of all its Member States, in particular those which have abolished internal border control and the Union as a whole. Member States are required to ensure high standards in management of their external borders, including through enhanced cooperation between border guards, police, customs and other relevant authorities. The Union provides active support through the provision of financing support by the Agencies, the European Border and Coast Guard in particular and management of the Schengen Evaluation Mechanism. The rules applicable to external borders need to be reinforced in order to better respond to new challenges that have recently emerged at the external borders.
2022/12/12
Committee: LIBE
Amendment 111 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 5
(5) The COVID-19 pandemic has reinforced the need for the Union to be better prepared to respond to crisis situations at the external borders related to situations of diseases with an epidemic potential that are a threat to public health. The COVID-19 pandemic has shown that threats to public health can require uniform rules concerning travel restrictions for travel into the European Union by third country nationals. The adoption of inconsistent and divergent measures at the external borders to address such threats negatively affects the functioning of the entire Schengen area, reduces predictability for third-country travellers and people-to- people contacts with third countries. To prepare the Schengen area for future challenges of a comparable scale related to threats to public health, it is necessary to establish a new mechanismscale comparable to the Covid-19 pandemic, a new mechanism should be established which shwould allow for a timely adoption and lifting of coordinated measures at Union level. The new procedure at the external border should be applied in a situation of an infectious disease with epidemic potential as identified by the European Centre for Disease Prevention and Control or the Commissionwhere the European Centre for Disease Prevention and Control has identified an infectious disease with epidemic potential. This mechanism should complement the procedures proposed to be established in the Proposal for a Regulation of the European Parliament and of the Council on serious cross-border threats to health43 , notably in case of the recognition of a public health emergency, and the revised mandate of the European Centre for Disease Control.44 _________________ 43 COM(2020)727. 44 Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 851/2004 establishing a European Centre for disease prevention and control, COM(2020)726.
2022/12/12
Committee: LIBE
Amendment 115 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 6
(6) Theis Union-level mechanism should provide for the adoption by the Council, upon a proposal by the Commission, and after having consulted the European Parliament, of a regulation setting out restrictions on travel, including restrictions on entry and any other necessary measures for travel into the European Union, and the conditions for lifting themose restrictions and other measures. In view of the politically sensitive nature of such measures which concern the right to enter the territory of Member States, implementing powers should be conferred on the Council to adopt such a regulation, acting on a proposal from the Commission, and after having consulted the European Parliament.
2022/12/12
Committee: LIBE
Amendment 118 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 7
(7) Importantly, in line with the applicable obligations under Union and international law, Union citizens and third- country nationals who, under agreements between the Union and its Member States, on the one hand, and those third countries, on the other hand, enjoy rights of free movement equivalent to those of Union citizens, as well as their respective family members should always be permitted to enter the Union. Similarly, in accordance with Union and international law, those persons seeking asylum shall not be prohibited from entering the Union. Residents in the Union should also always be permitted to return to the Union. The act should contain all necessary elements to ensure that restrictions on travel are effective, targeted, non-discriminatory and proportionate to the evolving epidemiological situation. It should specify, where relevant, any categories of travellers whose travel should be exempted from restrictions on entry. In addition, or alternatively, the act should specify any geographical areas or third countries from which travel may be subject to specific measures, based on an objective methodology and criteria applicable thereto that should include, in particular,derive from the epidemiological situation. The act could specify the conditions under which travel may be permitted such as testing, quarantine, self-isolation or any other appropriate measures, such as the need to fill in a passenger locator form or other contact tracing tool and having regard, in particular, to any Union systems developed to facilitate travel under safe conditions, such as digital certification systems. Where appropriate, the instrument could also set up a mechanism allowing to take additional measures in case the epidemiological situation dramatically worsens in one or more geographical areas.
2022/12/12
Committee: LIBE
Amendment 120 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 8
(8) It is also necessary to reinforce the rules and safeguards in Union law in order to allow Member States to act swiftly to counter instances of instrumentalisation of migrants. Such instrumentalisation should be understood as referring to a situation where a third country instigates irregular migratory flows to the Union by actively encouraging or facilitating the arrival of third country nationals to the external borders of the Member States, where such actions indicate an intention to destabilise the Union as a whole or a Member State and where the nature of such actions is liable to put at risk essential State functions, including its territorial integrity, the maintenance of law and order or the safeguard of its national security.deleted
2022/12/12
Committee: LIBE
Amendment 123 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 9
(9) Instrumentalisation of migrants can refer to situations where irregular travel of third country nationals has been actively encouraged or facilitated by a third country onto its own territory to reach the external border of the Member States but can equally refer to the active encouragement or facilitation of irregular travel of third country nationals already present in that third country. Instrumentalisation of migrants may also entail the imposition of coercive measures, intended to prevent the third country nationals from leaving the border areas of the instrumentalising third country, in a direction other than through a Member State.deleted
2022/12/12
Committee: LIBE
Amendment 128 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 10
(10) The Union should mobilise all tools from its toolbox of diplomatic, financial and operational measures to support the Member States confronted with instrumentalisation. Diplomatic efforts by the Union or the Member State concerned, should be given priority as the means of addressing the phenomenon of instrumentalisation. This may be supplemented, where appropriate, by the imposition of restrictive measures by the Union.deleted
2022/12/12
Committee: LIBE
Amendment 132 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 11
(11) At the same time, in addition to these measures, it is equally necessary to further reinforce the current rules in relation to external border controls and border surveillance. To further assist the Member State facing an instrumentalisation of migrants, Regulation (EU) XXX/XXX complements the rules on border control by providing for specific measures in the area of asylum and return, while respecting the fundamental rights the individuals concerned and in particular by ensuring the respect of the right to asylum and providing the necessary assistance by the UN agencies and other relevant organisations.deleted
2022/12/12
Committee: LIBE
Amendment 137 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 12
(12) In particular, in a situation of instrumentalisation, it should, where necessary, be possible for the Member State concerned, to limit border traffic to the minimum by closing some border crossing points, while guaranteeing genuine and effective access to international protection procedures. Any such decision should take into account whether the European Council has acknowledged that the Union or one or more of its Member States are facing a situation of instrumentalisation of migrants. Furthermore, any such limitations should take full account of the rights of Union citizens, third country nationals who are beneficiaries of the right of free movement pursuant an international agreement and third- country nationals who are long-term residents under national or Union law or are holders of long-term visas, as well as their respective family members. Such limitations should also be applied in a manner that ensures respect for obligations related to access to international protection, in particular the principle of non-refoulement.deleted
2022/12/12
Committee: LIBE
Amendment 140 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 13
(13) TIn light of the findings and the recommendations of the European Parliament Frontex Scrutiny Working Group, the Frontex consultative forum, the European Anti-Fraud Office, and the EU Ombudsman, any action undertaken by the European Border and Coast Guard Agency to assists Member States with implementing the operational aspects of external border management, including information exchange, the provision of equipment, capacity building and training to national border guards, targeted information and risk analysis, as well as the deployment of the Standing Corps. The Agency’s new mandate offers considerable opportunities to support border contro should be adequately monitored in order to ensure compliance with fundamental rights obligations. Special efforts should be undertaken in order to ensure adequate access to effective complaint mechanisms in the context of all activities, including screening and return operations and a launch of rapid border intervention and/or return intervention at the request and on the territory of the host Member State concernedmplemented by the European Border and Coast Guard Agency.
2022/12/12
Committee: LIBE
Amendment 142 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 14
(14) By virtue of Article 41(1) of Regulation (EU) 2019/1896, the Executive Director of the European Border and Coast Guard Agency is required to recommend to a Member State that it request the Agency to initiate, carry out or adjust the Agency’s support, in order to address identified threats and challenges at the external borders, where the conditions laid down in that provision are met. In particular, the need for Agency support may become apparent in situations where the European Border and Coast Guard Agency has carried out a dedicated vulnerability assessment in connection with the instrumentalisation of migrants. On the basis of the results of such a vulnerability assessment or where a critical impact level is attributed to one or more external border sections and taking into account the relevant elements in the Member State's contingency plans, the Agency's risk analysis and the analysis layer of the European situational picture, the Executive Director should recommend to the Member State concerned to request that the Agency initiate, carry out or adjust the Agency’s support in accordance with Article 41(1) of Regulation (EU) 2019/1896. This competence of the Executive Director is without prejudice to the general support that the Agency may be providing to the Member States.deleted
2022/12/12
Committee: LIBE
Amendment 145 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 15
(15) Moreover, in the event of instrumentalisation of migrants, the Member State concerned should reinforce border control, including, as appropriate, through additional measures preventing illegal crossings and the deployment of additional resources and technical means to prevent unauthorised crossing of the border. Such technical means could include modern technologies including drones and motion sensors, as well as mobile units. The use of such technical means, in particular,Where a Member State reinforces border control, the Member State concerned should, in all its relevant activities, respect its fundamental rights obligations inscribed in EU law, in the Charter of fundamental rights, Regulation (EU) 2016/679 of the European Parliament and the Council, and Directive (EU) 2016/680 of the European Parliament anyd technologies capable of collecting personal data, needs to be based on and exercised in accordance with clearly defined provisions of national lawhe Council as well as in international human rights instruments.
2022/12/12
Committee: LIBE
Amendment 148 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 16
(16) The Commission should be empowered to specify, in delegated acts adopted under this Regulation, appropriate standards for border surveillance, concerning in particular the new technologies that Member States may use, while taking into account the type of borders (land, sea or air), the impact levels attributed to each external border section in accordance with Article 34 of Regulation (EU) 2019/1896 and other relevant factors, as a specific response to situations of instrumentalisation of migrantsird-country nationals shall not be subject to intrusive biometric surveillance technologies, such as facial recognition, emotional recognition and behavioural recognition software nor predictive analytics, risk assessments and biometric categorisation in the context of border management activities. The use of long-range acoustic devices should be prohibited.
2022/12/12
Committee: LIBE
Amendment 153 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 17
(17) In an area without internal border controls, persons ‒ whatever their nationality ‒ should be able to move freely, and in security between Member States. In this regard, it should be clarified that the prohibition of controls at internal borders does not affect the competence of Member States to carry out checks on their territory, including at their internal borders, for purposes other than border control. It should, in particunational competent authorities, including health or law enforcement authorities, remain, in principle entitled to exercise public powers provided for under national larw, be clarified that national competent authorities, including health or law enforcement authorities, remain, in principle, free to carry out checks inprovided that the effect of those powers is not equivalent to internal border control and that the exercise of publicthese powers provided for under national lawdoes not lead, directly or indirectly, to discrimination on racial, ethnic, national or religious characteristics.
2022/12/12
Committee: LIBE
Amendment 157 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 18
(18) While the prohibition of internal border controls also extends to checks having equivalent effects, checks by competent authorities shouldpolice powers might not be considered equivalent to the exercise of border checks where they do not have border control as an objective, where they are based on general information and experience of the competent authoritiesverifiable data regarding posscredible and evidenced threats to public security or public policy, including where they aim to combat irregular stay or residence and cross-border crimes linked to irregular migrationcross-border crime, where they are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders, and where they are conducted at transport hubs, such as ports, train or bus stations and airports or directly on board of passenger transport services, and where they are based on risk analysisand internal borders, where they are based on risk analysis and where they are carried out in a non-discriminatory manner and in full compliance with Union and International human rights law. At the same time, where competent authorities exercise police powers in a border area, they are entitled to do so only subject to strict detailed rules and limitations laid down by Member States in order not to imperil the attainment of the objective of the abolition of internal border controls, and pursuant to the Common European Asylum System with safeguards to the right to access asylum.
2022/12/12
Committee: LIBE
Amendment 164 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 19
(19) While irregular migratory flowMigration and the crossing of external borders by a large number of third-country nationals should not, per se, be considered to be a threat to public policy or internal security, they may require additional measures to ensure the functioning of the Schengen area.
2022/12/12
Committee: LIBE
Amendment 169 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 20
(20) The combatting of illegal residence or stay and of cross-border crime linked to irregular migration such as human trafficking, migrant smuggling and document fraud and other forms of cross-border crime could in particular encompass measures allowing the verificaMeasures which aim to verify the identity, nationality and residence status of persons should not be systematically carried out at the border or in border regions, should not breach the principle of non-discrimination as stated by Article 10 of the Treaty on the Functioning of the identity, nationality and residence status of persons provided that such verifications are non-systematic and carried out on the basisEuropean Union, and not categorise people based on racial, ethnic, national ofr risk analysieligious characteristics.
2022/12/12
Committee: LIBE
Amendment 176 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 21
(21) The use of modern technologies to monitor traffic flows, notably on motorways and other important roads determined by the Member States, can be instrumental in addressing threats to public policy or internal security. The prohibition of internal border controls should not be understood as preventing the lawful exercise of police or other public powers to carry out checks in the internal border areas. This includes checks that entail the use of monitoring and surveillance technologies which are generally used in the territory or that are based on a risk assessment for the purpose of protecting internal security. The use of such technologies for checks should therefore not be considered as equivalent to border controlIn order to allow for such technologies to be effective, it should be possible to apply proportionate speed limits at road crossings. It is necessary that any and all monitoring and surveillance of traffic flows does not breach non-discrimination as legislated for by Article 21 of the Charter of Fundamental Rights, and does not categorise people based on racial, ethnic, national, or religious characteristics.
2022/12/12
Committee: LIBE
Amendment 177 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 22
(22) In order to allow for such technologies to be effective, it should be possible to apply proportionate speed limits at road crossings.deleted
2022/12/12
Committee: LIBE
Amendment 185 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 25
(25) Measures need to be taken to address unauthorised movements of illegally staying third country nationals in an area without internal border controls. In order to strengthen the functioning of the Schengen area, Member States should be able to take additional measures to counter irregular movements between Member States, and combat illegal stays. Where national law enforcement authorities of a Member State apprehend illegally staying third country nationals at the internal borders as part of cross- border police operational cooperation it should be possible for those authorities to refuse such persons the right to enter or remain in their territory and to transfer them to the Member State from which they entered. The Member State from where the person came directly should in turn be required to receive the apprehended third country nationals.deleted
2022/12/12
Committee: LIBE
Amendment 188 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 25 a (new)
(25 a) Within the last ten years, the Union has adopted numerous instruments putting at risk the fundamental rights of third-country nationals and the principle of non-discrimination, including the establishment of an Entry/Exit System (EES), the establishment of a European Travel Information and Authorisation System (ETIAS), the establishment of a European Criminal Records database in respect of third country nationals, the reform of the Schengen Information System (SIS), the reform of the Visa Information System (VIS), two substantial overhauls of the mandate of the European Border and Coast Guard Agency, and the establishment of an interoperability framework to allow Union databases in the area of freedom, security and justice to communicate with one another. The measures foreseen by these instruments should be implemented in full respect of fundamental rights and the principle of non-discrimination enshrined in Article 21 of the Charter, to prevent racial profiling.
2022/12/12
Committee: LIBE
Amendment 191 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 26
(26) The procedure by which a Member State may transfer apprehended illegally staying third country nationals to a Member State from where the person came directly should take place swiftly but be subject to safeguards and carried out in full respect of fundamental rights and the principle of non-discrimination enshrined in Article 21 of the Charter, to prevent racial profiling. It should be possible for the authorities to carry out a verification of relevant information immediately available to the authorities concerning the movements of the persons concerned. Such information may include objective elements that would allow the authorities to conclude that the person had recently travelled from another Member States, such as the possession of documents, including receipts or invoices, evidencing recent travel from another Member State. Third country nationals subject to the transfer procedure should be provided with a reasoned decision in writing. While the decision should be immediately enforceable, the third country national should be afforded an effective remedy to appeal against or seek review of the transfer decision. This remedy should not have suspensive effect.deleted
2022/12/12
Committee: LIBE
Amendment 194 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 27
(27) The transfer procedure provided for under this Regulation should not affect the existing possibility for Member States to return irregular third country nationals in accordance with bilateral agreements or arrangements referred to in Article 6(3) of Directive 2008/115/EC (the “Return Directive”), where such persons are detected outside of the vicinity of internal borders. In order to facilitate the application of such agreements, and to complement the objective of protecting the area without internal borders, the Member States should be afforded the possibility to conclude new agreements or arrangements and update existing ones. The Commission should be notified of any such modifications or updates of new agreements or arrangements. Where a Member State has taken back a third country national under the procedure provided for in this Regulation or on the basis of a bilateral agreement or arrangement, the Member State concerned should be required to issue a return decision in accordance with the Return Directive. In order to ensure consistency between the new procedures provided for in this Regulation and existing rules on the return of third country nationals, a targeted modification of Article 6(3) of the Return Directive is therefore necessary.deleted
2022/12/12
Committee: LIBE
Amendment 200 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 28
(28) In exceptional cases, addressing threats to the Schengen area may require the adoption, by the Member States, of measures at the internal borders. Member StateAs fremain competent to determine the need for the temporary reintroduction or prolongation of border controlse movement of persons is affected by the temporary reintroduction of internal border control, any decision to reintroduce such control should be taken in accordance with commonly agreed criteria and should be duly notified to the Commission or be recommended by a Union institution. Under the existing rules, the reintroduction of controls at internal borders is provided for in circumstances where a serious threat to internal security or public policy manifests itself in a single Member State for a limited period of time. In particular, terrorism and organised crime, large scale public health emergencies or large scale or high profile international events such as sporting, trade or political events can amount to a serious threat to public policy or internal security.
2022/12/12
Committee: LIBE
Amendment 203 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 29
(29) Furthermore, a serious threat to public policy or internal security can also result from large scale unauthorised movements of irregular migrants between the Member States where this creates a situation putting a strain on the overall resources and capacities of the responsible national services, where the other means provided for under this Regulation are not sufficient to address these inflows and movements. In this context, Member States should be able to rely on objective and quantified reports on unauthorised movements whenever available, in particular, when produced on a regular basis by the competent Union agencies in line with their respective mandates. It should be possible for a Member State to use the information provided by the agencies to demonstrate the exceptional character of the identified threat caused by unauthorised movement in the risk assessment, in order to justify the reintroduction of internal border controls on this ground.deleted
2022/12/12
Committee: LIBE
Amendment 212 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 31
(31) The new Schengen area safeguard mechanism should allow the Council to adopt, upon a proposal by the Commission, and after having consulted the European Parliament, a decision authorising the reintroduction or prolongation of internal border controls, where this is justified by a particular threat, identified on the basis of notifications received from individual Member States, or other available information, in particular a risk assessment, in case of prolongation of internal border controls beyond six monthsa risk assessment, and other available information. Given the politically sensitive nature of such a decision which regulates the possibility for Member States to reintroduce or prolong internal border control in particular circumstances, implementing powers to adopt a decision should be conferred on the Council, acting on a proposal from the Commission, and after having consulted the European Parliament.
2022/12/12
Committee: LIBE
Amendment 216 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 32
(32) In determining whether a reintroduction or prolongation of internal border controls by the Member States is justified, the Council should take into account whether any other measures that could ensure a high level of security within the territory, such as reinforced checks in the internal border areas by the competent authorities,mmission, the Council and the Parliament should take into account that internal border control remains a measure of last resort which has a serious impact on all persons having the right to move within the area without internal border control. The reintroduction or prolongation of internal border controls should be exceptional and the principle of proportionality should be respected. The scope and duration of any temporary reintroduction of such measures should be restricted to the minimum needed to respond to the serious threat to public policy or internal security. The Council should consider whether any other measures that could ensure a high level of security within the territory are available. In the event that a prolongation of the controls is not considered justified, internal border controls should be lifted immediately and the Commission should, instead, recommend the use of other measures deemed more appropriate to address the identified threat.
2022/12/12
Committee: LIBE
Amendment 221 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 34
(34) In order to ensure compliance with the principle of proportionality, the decision of the Council should be adopted for a limited period of time of up to sixtwo months that may be prolonged subject to regular review upon a proposal from the Commission, as long as the threat is found to persistup to a maximum period of six months in exceptional cases. The initial decision should include an assessment of the expected impact of the measures adopted, including its adverse side-effects, with a view to determining if controls at internal borders are justified or whether less restrictive measures cshould be applied in their place in an effective manner. Subsequent decisions should take account of the evolution of the identified threat. The Member States should immediately notify the Commission, the European Parliament, and the Member States of the reintroduction of internal border controls in accordance with the decision of the Council.
2022/12/12
Committee: LIBE
Amendment 224 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 35
(35) Reintroduction of internal border controls should also remain possible where serious deficiencies in the management of the external borders persist, putting at risk the overall functioning of the area without internal border control. Periods where the border controls were introduced by Member States because the urgency of the situation required it or where the Council takes a decision to recommend the reintroduction because a threat affects a significant number of Member States, should not be included in the two years’ period applicable to reintroductions based on serious deficiencies at the external borders.deleted
2022/12/12
Committee: LIBE
Amendment 229 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 36
(36) The reintroduction of border controls at internal borders, whether on the basis of Union level decisions or unilateral decisions of the Member States or at a Union level, has serious implications for the functioning of the Schengen area. In order to ensure that any decision to reintroduce border controls is only taken where necessary, as a measure of last resort, the decision on temporary reintroduction or prolongation of border controls should be based on common criteria, putting an emphasis on and be strictly necessitary and proportionalityte. The proportionality principle requires that the reintroduction of internal border controls be subject to safeguards that increase over time.
2022/12/12
Committee: LIBE
Amendment 233 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 36 a (new)
(36 a) Any derogation from the fundamental principle of free movement of persons should be interpreted strictly and the concept of public policy presupposes the existence of a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.
2022/12/12
Committee: LIBE
Amendment 234 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 36 b (new)
(36 b) When the reintroduction of internal border controls concerns specific planned events of an exceptional nature and duration (such as sporting activities) its duration must be very precise, limited and linked to the actual duration of the event.
2022/12/12
Committee: LIBE
Amendment 238 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 37
(37) In the first instance, Member States should assess the appropriateness of internal border controls having regard to the nature of the serious threat identified. In this context, the Member States should pay particular attention to and assess the likely impact of internal border controls on the movement of persons within the area without internal border controls and the functioning of the cross-border regions. This assessmentshould also include a Fundamental Rights Impact Assessment (FRIA) which outlines how the right to access asylum will be sufficiently safeguarded in case of the reintroduction of internal border controls. This assessments should be part of the notification that Member States are required to transmit to the Commission and the European Parliament. In case of prolongation of internal border controls for foreseeable events beyond an initial period of sixtwo months, the Member State should also assesscarry out a risk assessment, including another Fundamental Rights Impact Assessment, and an assessment of the appropriateness of alternative measures to pursue the same objectives as internal border controls, such as proportionate checks as carried out in the exercise of police or other public powers or through forms of police cooperation as provided for under Union law, and the possibility to use the transfer proceduregiven those checks are in full compliance with Union and international human rights law.
2022/12/12
Committee: LIBE
Amendment 240 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 38
(38) In order to limit harmful consequences resulting from the reintroduction of internal border controls, any decision to reintroduce internal border controls should be accompanied by mitigating measures if needed, but always with a view to lifting internal border control as soon as possible. Such measures should include measures to assure a smooth operation of transit of goods and transport personnel and seafarers by the establishment of ‘green lanes’. In addition, and to take account of the need to ensure the movement of persons whose activities may be essential for preserving the supply chain or the provision of essential services, Member States should also apply the existing guidelines on cross-border workers45 . Against this background, the rules for the reintroduction of border controls at internal borders should take account of the guidelines and recommendations adopted throughout the COVID-19 pandemic as a solid safety net for the Single Market, for the purpose of assuring that they are applied by the Member States, where appropriate, as mitigating measures during reintroduced internal border controls. Measures should in particular be identified with a view to ensuring the uninterrupted functioning of the Single Market and safeguarding the interests of cross-border regions and of ‘twin cities’ including for instance authorisations or derogations for the inhabitants of cross- border regions. _________________ 45 2020/C 102 I/03.
2022/12/12
Committee: LIBE
Amendment 245 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 39
(39) The notification to be provided by the Member States should be decisive when assessing compliance with the criteria and conditions for a temporary reintroduction of internal border controls. In order to ensure a comparable set of informationproper supervision and monitoring of internal border controls that have been reintroduced, the Commission should adopt a template for the notification of reintroduction of border controls at internal borders in an implementingby way of a delegated act. Member States should be entitled to classify all or parts of the information provided in the notification, without prejudice to the functioning of appropriate and secure police cooperation channels.
2022/12/12
Committee: LIBE
Amendment 252 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 40
(40) In order to ensure that internal border controls are truly a last resort measure applied only for as long as necessary and in order to allow for assessing the necessity and proportionality of internal border controls to address foreseeable threats, Member States should prepare a risk assessment to be submitted to the Commission when internal border controls are prolonged beyond an initial sixtwo months in response to foreseeable threats. The Member States must in particular, explain, the scale and evolution of the identified serious threat, including how long the identified serious threat is expected to persist and which sections of the internal borders may be affected, why alternative measures will not resolve the identified threat, as well as their coordination measures with the other Member States that are impacted or likely to be impacted by such measures.
2022/12/12
Committee: LIBE
Amendment 258 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 42
(42) In order to ensure a sufficient degree of transparency of the actionlevel of supervision, transparency and accountability with regard to actions taken by Member States affecting travel without internal border controls, the Member States should also informprovide detailed information to the European Parliament and the Council about the main elements concerningon the planned reintroduction of border controls. In justified cases, Member States may also classify such information. Every year, pursuant to Article 33 of the Schengen Borders Code, the Commission should present to the European Parliament and to the Council a report on the functioning of the area without internal border control (‘State of Schengen report’) which should pay particular attention to the situation as regards the unauthorised movements of third country nationals, building on the available information from the relevant Agencies and data analysis from relevant information systemborder controls that have been in place for longer than four months. It should also assess the necessity and proportionality of the all reintroductions of border controls in the period covered by that Report. The State of Schengen report shall also cover the reporting obligations resulting from Article 20 of the Schengen Evaluation Mechanism46 . _________________ 46 Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen, OJ L 295, 6.11.2013, p. 27.
2022/12/12
Committee: LIBE
Amendment 262 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 43
(43) The mechanism for the temporary reintroduction of border controls at internal borders in urgent situations or to address foreseeable threats should provide for a possibility, for the Commission, to organise consultations between Member States, including at the request of any Member State. Relevant Union Agencies shouldmay be involved in this process in order to share their expertise, where appropriate. Such consultations should look intoat the possibility of applying alternative measures, and if necessary the modalities of carrying out internal border controls and, their time-line, and possible mitigating measures as well as the possibilities of applying alternative measures instead. Where the Commission or a Member State has issued an opinion expressing concerns regarding the reintroduction of border controls, such consultations should be mandatory.
2022/12/12
Committee: LIBE
Amendment 268 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 44
(44) The Commission and Member (44) States should retain the possibility to express any concern as regards the necessity and proportionality of a decision of a Member State to reintroduce internal border controls for reason of urgency or to address a foreseeable threat. In case controls at internal borders are reintroduced and prolonged for foreseeable threats for combined periods exceeding eighteenfour months, it should be a requirement for the Commission to issue an opinion assessing the necessity and proportionality of such internal border controls. Where a Member State considers that there are exceptional situations justifying the continued need for internal border controls for a period exceeding two years, the Commission should issue a follow-up opinion. Such an opinion is without prejudice to the enforcement measures, including infringement actions, which the Commission mayis required to take at any time against any Member State for failure to comply with its obligations under Union law. Where an opinion is issued, the Commission should launch consultations with the Member States concerned.
2022/12/12
Committee: LIBE
Amendment 276 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 45
(45) In order to enable the post factum analysis of the decision on the temporary reintroduction of border controls at the internal borders, Member States should remain obliged to submit a report on the reintroduction of border control at internal borders to the European Parliament, the Council and the Commission once they lift the controls. Where the controls are kept in place for prolonged periods of time, such a report should also be submitted after twelvesix months, and every year thereafter if exceptionally controls are maintained and for as long as the controls are maintained. The report should outline, in particular, the initial and follow-up assessment of the necessity of internal border controls and the respect of the criteria for reintroduction of border controls at internal borders. The Commission should adopt in an implementing act a template and make it available online.
2022/12/12
Committee: LIBE
Amendment 280 #
Anne-Sophie PELLETIER
Proposal for a regulation
Recital 46
(46) When implementing this Regulation, Member States shall not categorize people based on racial, ethnic, national or religious characteristics, and not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. In line with the European Union’s commitments under the EU anti-racism action plan, Member States should adopt National Action Plans against racism which include concrete provisions aimed at countering discrimination by law enforcement authorities, including by providing for effective remedies for victims of racial profiling.
2022/12/12
Committee: LIBE
Amendment 289 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Regulation (EU) No 2016/399
Article 2 – point 12
12. ‘'border surveillance’ means the surveillance of borders between border crossing points and the surveillance of border crossing points outside the fixed opening hours, including preventative measures to detect and prevent unauthorised border crossings or the order to prevent persons from circumvention ofng border checks. (This amendment applies throughout the text.)
2022/12/12
Committee: LIBE
Amendment 292 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2016/399
Article 2 – point 27
27. ‘instrumentalisation of migrants’ refers to a situation where a third country instigates irregular migratory flows into the Union by actively encouraging or facilitating the movement of third country nationals to the external borders, onto or from within its territory and then onwards to those external borders, where such actions are indicative of an intention of a third country to destabilise the Union or a Member State, where the nature of such actions is liable to put at risk essential State functions, including its territorial integrity, the maintenance of law and order or the safeguard of its national security;deleted
2022/12/12
Committee: LIBE
Amendment 298 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
Article 5 – paragraph 4
4. In a situation of instrumentalisation of migrants, Member States may limit the number of border crossing points as notified pursuant to paragraph 1 or their opening hours where the circumstances so require. Any limitations adopted pursuant to the first subparagraph shall be implemented in a manner that is proportionate and that takes full account of the rights of: (a) the persons enjoying the right of free movement under Union law; (b) third-country nationals who are long- term residents under Council Directive 2003/109/EC56 , persons deriving their right to reside from other instruments of Union or national law or who hold national long-term visas, as well as their respective family members; (c) third-country nationals seeking international protection. _________________ 56 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 16, 23.1.2004, p. 44).deleted
2022/12/12
Committee: LIBE
Amendment 305 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/399
Article 13 – paragraph 1
1. The main purpose of border surveillance shall be to detect and prevent unauthorised border crossings, and to counter cross- border criminality and to take measures against. Without prejudice to Articles 3 and 4, a persons who haves crossed thea border illegally. A person who has crossed a border illegally and who has no right to stay on the territory of the Member State concerned shall be apprehended and made subject to procedures respecting Directive 2008/115/ECrregularly shall be offered the effective opportunity to apply for international protection, for a residence permit or other authorisation offering a right to stay for compassionate, humanitarian or other grounds under the applicable national legal framework. If a Member State, provided the person does not fulfil any of the conditions to apply for any authorisation offering a right to stay, would make a person subject to a return procedure, procedures shall respect Directive 2008/115/EC and the Member States shall ensure that their return would not lead to risks of violations of the principle of non-refoulement and other fundamental rights obligations under the Charter of Fundamental Rights and other EU and international obligations. When a minor is concerned, a return decision shall only be adopted if the return is found to be in the best interests of the child according to a best interests procedure. These grounds shall be assessed on an individual basis before a return decision is issued.
2022/12/12
Committee: LIBE
Amendment 308 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/399
Article 13 – paragraph 2
2. The border guards shall use stationary or mobile units to carry out border surveillance. That surveillance shall be carried out in such a way as to prevent and discourage persons from unauthorised border crossings between border crossing points and from circumventing the checks at border crossing points.
2022/12/12
Committee: LIBE
Amendment 312 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/399
Article 13 – paragraph 3
3. Surveillance between border crossing points shall be carried out by border guards whose numbers and methods shall be adapted to existing or foreseen risks and threats, including the risk to life and the need for emergency health care of vulnerable groups. Border guards shall be effectively trained, including to assess vulnerabilities, and their actions monitored by independent fundamental rights monitors to ensure they abide by EU and international fundamental rights obligations, including the access to international protection at EU's external and internal borders. It shall involve frequent and sudden changes to surveillance periods and other methods or techniques, so that unauthorised border crossings are effectively detected or prevented. .
2022/12/12
Committee: LIBE
Amendment 314 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/399
Article 13 – paragraph 4
4. Surveillance shall be carried out by stationary or mobile units which perform their duties by patrolling or stationing themselves at places known or perceived to be sensitive, the aim of such surveillance being to prevent unauthorised border crossings or apprehend individuals crossing the border illegally. Surveillance may also be carried out by technical means, including electronic means, equipment and surveillance systemsrregularly, referring them to other authorities, including emergency health care and asylum authorities. Surveillance shall be conducted in accordance with the prohibitions, safeguards and transparency obligations laid down in the Regulation (EU) .../... of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts. Remote biometric identification systems as well as long- range acoustic devices shall be prohibited.
2022/12/12
Committee: LIBE
Amendment 319 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/399
Article 13 – paragraph 5
5. In a situation of instrumentalisation of migrants, the Member State concerned shall intensify border surveillance as necessary in order to address the increased threat. In particular, the Member State shall enhance, as appropriate, the resources and technical means to prevent an unauthorised crossing of the border. Those technical means may include modern technologies including drones and motion sensors, as well as mobile units to prevent unauthorised border crossings into the Union.deleted
2022/12/12
Committee: LIBE
Amendment 325 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/399
Article 13 – paragraph 6
6. Without prejudice to the support that the European Border and Coast Guard Agency may provide to the Member States, in the event of a situation of instrumentalisation of migrants, the Agency may carry out a vulnerability assessment as provided for in Articles 10(1), point (c), and Article 32 of Regulation (EU) 2019/1896 of the European Parliament and Council57 , with a view to providing the necessary support to the Member State concerned. On the basis of the results of that assessment or any other relevant vulnerability assessment or the attribution of a critical impact level to the border section concerned within the meaning of Article 35(1)(d) of Regulation (EU) 2019/1896, the Executive Director of the European Border and Coast Guard Agency shall make recommendations, in accordance with Article 41(1) of that Regulation to any Member State concerned. _________________ 57 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019.deleted
2022/12/12
Committee: LIBE
Amendment 328 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/399
Article 13 – paragraph 7
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 37 concerning additional measures governing surveillance, including the development of standards for border surveillance, in particular the use of surveillance and monitoring technologies at the external borders, in accordance with the prohibitions, safeguards and transparency obligations laid down in the Regulation (EU) .../... of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) taking into account the type of borders, the impact levels attributed to each external border section in accordance with Article 34 of the Regulation (EU) 2019/1896 and other relevant factors. Remote biometric identification systems as well as long- range acoustic devices shall be prohibited.
2022/12/12
Committee: LIBE
Amendment 341 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – paragraph 1
Regulation (EU) 2016/399
Article 21a – paragraph 2 – subparagraph 1
2. The Council, on the basis of a proposal by the Commission, and after having consulted the European Parliament, may adopt an implementing regulation, providing for temporary restrictions on travel to the Member States.
2022/12/12
Committee: LIBE
Amendment 351 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2016/399
Article 23 – point a – point ii
ii) are based on general information and experience of the competent authoritiessubstantiated police evidence and data regarding possible threats to public security or public policy and aim, in particular, to:
2022/12/12
Committee: LIBE
Amendment 352 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2016/399
Article 23 – point a – point ii – indent 2
— combat irregular residence or stay, linked to irregular migration; ordeleted
2022/12/12
Committee: LIBE
Amendment 355 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2016/399
Article 23 – point a – point ii
ii a) The substantiated information referred to in paragraph ii) cannot include information collected through the automated processing of data available in different data sources or in different data formats in order to forecast or predict trends related to migration, movement and border crossings;
2022/12/12
Committee: LIBE
Amendment 356 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2016/399
Article 23 – point a – point iii – indent 3
iii) are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders, including where they are. Checks which target individuals based on racial, ethnic, national or religious characteristics, including when conducted at transport hubs or directly on board of passenger services, and when they are based on risk analysis, amount to racial profiling and are therefore unlawful ;
2022/12/12
Committee: LIBE
Amendment 360 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2016/399
Article 23 – point e
e) checks for security purposes of passenger data against relevant databases on persons traveling in the area without controls at internal borders which can be carried out by the competent authorities under the applicable law.deleted
2022/12/12
Committee: LIBE
Amendment 365 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/399
Article 23a
(6) The following Article 23a is inserted: ‘Article 23a Procedure for transferring persons apprehended at the internal borders 1. This Article applies to the apprehension of a third-country national in the vicinity of internal borders, in circumstances where all of the following conditions are fulfilled: a) the third country national concerned does not or no longer fulfils the entry conditions laid down in Article 6(1); b) the third country national is not covered by the derogation laid down in Article 6(5) point (a); c) the third country national is apprehended as part of cross-border police operational cooperation, in particular, during joint police patrols; d) there are clear indications that the third country national has arrived directly from another Member State, on the basis of information immediately available to the apprehending authorities, including statements from the person concerned, identity, travel or other documents found on that person or the results of searches carried out in relevant national and Union databases. 2. The competent authorities of the Member State may, based on a finding that the third country national concerned has no right to stay on its territory, decide to immediately transfer the person to the Member State from which the person entered or sought to enter, in accordance with the procedure set out in Annex XII. 3. Where a Member State applies the procedure referred to in paragraph 2, the receiving Member State shall be required to take all measures necessary to receive the third country national concerned in accordance with the procedures set out in Annex XII. 4. From [one year following the entry into force of the Regulation] and annually thereafter, Member States shall submit to the Commission the data recorded in accordance with point 3 of Annex XII, regarding the application of paragraphs 1, 2 and 3.’deleted
2022/12/12
Committee: LIBE
Amendment 375 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) 2016/399
Article 25 – paragraph 1 – point a
(a) activities direct and immediate threlating to terrorism or organised crime of acts of terrorism, which is based on substantiated police evidence and data;
2022/12/12
Committee: LIBE
Amendment 378 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) 2016/399
Article 25 – paragraph 1 – point c
(c) a situation characterised by large scale unauthorised movements of third- country nationals between the Member States, putting at risk the overall functioning of the area without internal border control;deleted
2022/12/12
Committee: LIBE
Amendment 382 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) 2016/399
Article 25 – paragraph 3
3. Where the same threat continues to persist, border controls at internal borders may be prolonged in accordance with Articles 25a, 28 or 29. The same threat shall be considered to exist where the justification advanced by the Member State for prolonging border controls is based on the determination of the continuation of the same threat that had justified the initial reintroduction of the border controls.deleted
2022/12/12
Committee: LIBE
Amendment 389 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2016/399
Article 25a – paragraph 2
2. The Member State shall, at the same time as reintroducing border control under paragraph 1, notify the Commission, the European Parliament, and the other Member States of the reintroduction of border controls, in accordance with Article 27(1).
2022/12/12
Committee: LIBE
Amendment 402 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2016/399
Article 25a – paragraph 5
5. For the purposes of paragraph 4, and without prejudice to Article 27a(4), border control at internal borders may be reintroduced for aas a last resort measure and for a limited period of up to sixtwo months. Where the serious threat to public policy or internal security persists beyond that period, the Member State may prolong the border control at internal borders for renewable periods of up to sixtwo months. Any prolongation shall be notified to the Commission, the European Parliament and the other Member States in accordance with Article 27 and within the time limits referred to in paragraph 4. Subject to Article 27a(5), the maximum duration of border control at internal borders shall not exceed two yearssix months. Such an extension may be implemented only if it is proved by the State concerned that other alternative measures or actions, such as police checks or cross-border police cooperation, are ineffective and prove incapable of responding to the serious threat, including in the light of legislative developments in the country concerned.
2022/12/12
Committee: LIBE
Amendment 408 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2016/399
Article 25a – paragraph 6
6. The period referred to in paragraph 5 shall not include periods referred to in paragraph 3.deleted
2022/12/12
Committee: LIBE
Amendment 417 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 1 – point b
(b) the likely impact of such a measure on:whether measures other than the temporary reintroduction of border control at internal borders are likely to sufficiently remedy the threat to public policy or internal security;
2022/12/12
Committee: LIBE
Amendment 424 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 1 – point b a (new)
(b a) the proportionality of the temporary reintroduction of border control in relation to the threat to public policy and internal security by taking into account: – movement of persons within the area without internal border control - regardless of their nationality and – the functioning of the cross-border regions, taking into account the strong social and economic ties between them;
2022/12/12
Committee: LIBE
Amendment 426 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 1 – point b b new
(b b) whether the reintroduction of border controls at internal borders is likely to adequately remedy the threat to public policy or internal security.
2022/12/12
Committee: LIBE
Amendment 431 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 2 – introductory part
2. Where a Member States decides to prolong the border control at internal borders pursuant to Article 25a(5), it shall alsocarry out a risk assessment which should reassess the criteria laid down in paragraph 1 and assess in detail whether the objectives pursued by such prolongation could be attained by:
2022/12/12
Committee: LIBE
Amendment 435 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 2 – point b
b) the use of the procedure as referred to in Article 23a;deleted
2022/12/12
Committee: LIBE
Amendment 450 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/399
Article 27 – paragraph 2
2. Where border controls have been in place for sixtwo months in accordance with Article 25a(4), any subsequent notification for the prolongation of such controls shall include a risk assessment in accordance with Article 26(2). The risk assessment shall present the scale and anticipated evolution of the identified serious threat, in particular how long the identified serious threat is expected to persist and which sections of the internal borders may be affected, as well as information regarding coordination measures with the other Member States impacted or likely to be impacted by such measures.
2022/12/12
Committee: LIBE
Amendment 456 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/399
Article 27 – paragraph 3
3. Where the reintroduction of border controls or its prolongation refers to large scale unauthorised movements referred to in Article 25(1) point (b), the risk assessment shall also provide information on the scale and trends of such unauthorised movements, including any information obtained from the relevant EU agencies in line with their respective mandates and data analysis from relevant information systems.deleted
2022/12/12
Committee: LIBE
Amendment 460 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/399
Article 27 – paragraph 4
4. The Member State concerned shall upon request by the Commission, provide any further information, including on the coordination measures with the Member States affected by the planned prolongation of border control at internal borders as well as further information needed to assess the possible use of measures referred to in Article 23 and 23a .
2022/12/12
Committee: LIBE
Amendment 468 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 2016/399
Article 27a – paragraph 1 – subparagraph 2
The consultation shall concern in particular the identified threat to public policy or internal security, the relevanceproportionality and necessity of the intended reintroduction of border controls , including by taking into account the appropriateness of alternative measures, as well as the ways of ensuring implementation of the mutual cooperation between the Member States in relation to the reintroduced border controls.
2022/12/12
Committee: LIBE
Amendment 470 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 2016/399
Article 27a – paragraph 3
3. Following receipt of notifications submitted in relation to a prolongation of border control at the internal border under Article 25a(4) which leads to the continuation of border controls at internal borders for eighteenfour months in total, the Commission shall issue an opinion on necessity and proportionality of such internal border controls.
2022/12/12
Committee: LIBE
Amendment 478 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 2016/399
Article 27a – paragraph 5
5. Where a Member State considers that there are exceptional situations justifying the continued need for internal border controls in excess of the maximum period referred to in Article 25(5), it shall notify the Commission in accordance with Article 27(2). The new notification from the Member State shall substantiate the continued threat to public policy or internal security, taking into account the opinion of the Commission given pursuant to paragraph 3. The Commission shall issue a follow up opinion.deleted
2022/12/12
Committee: LIBE
Amendment 484 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EU) 2016/399
Article 28 – paragraph 1
1. Where the Commission, establishes that the samea particularly serious threat to internal security or public policy affects a majority of Member States, putting at the same time, in such a way as to put at immediate risk the overall functioning of the area without internal border, it may, make a proposal to the Council to adopt ‒ after having consulted European Parliament ‒ an implementing decision authorising the reintroduction of border controls by Member States where the available measures referred to in Articles 23 and 23a are not sufficient to address the threat.
2022/12/12
Committee: LIBE
Amendment 489 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EU) 2016/399
Article 28 – paragraph 2
2. The decision shall cover a period of up to sixtwo months and may be renewed, no more than two times, upon proposal from the Commission, for further periods of up to sixtwo months as long as the threat persists, taking into account the review referred to in paragraph 5. The maximum duration of the internal border controls on the basis of the particularly serious threat identified shall not exceed 6 months.
2022/12/12
Committee: LIBE
Amendment 491 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EU) 2016/399
Article 28 – paragraph 3
3. Where Member States reintroduce or prolong border controls because of the threat referred to in paragraph 1, those controls shall, as of the entry into force of the Council decision, be based on that decision.deleted
2022/12/12
Committee: LIBE
Amendment 493 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EU) 2016/399
Article 28 – paragraph 5
5. The Commission shall review the evolution of the identified threat as well as the impact of the measures adopted in accordance with the Council decision referred to in paragraph 1, with a view to assessing whether the measures remain justified. and to proposing the lifting of internal border control as soon as possible.
2022/12/12
Committee: LIBE
Amendment 496 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EU) 2016/399
Article 28 – paragraph 6
6. Member States shall immediately notify the Commission, the European Parliament, and the other Member States in the Council of a reintroduction of border controls in accordance with the decision referred to in paragraph 1.
2022/12/12
Committee: LIBE
Amendment 502 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EU) 2016/399
Article 28 – paragraph 7
7. The Commission may issue a recommendation indicating other measures as referred to in Articles 23 and 23a that could complement internal border controls or be more suitable to address the identified threat to internal security or public policy as referred to in paragraph 1.
2022/12/12
Committee: LIBE
Amendment 504 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) 2016/399
Article 31 – paragraph 2
2. Where a Member State notifies the Commission and the other Member States of the reintroduction of border controls in accordance with Article 27(1), it shall at the same time informprovide the notification to the European Parliament and the Council of the following:
2022/12/12
Committee: LIBE
Amendment 507 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) 2016/399
Article 31 – paragraph 2 – point a
a) the details of the internal borders where border control is to be reintroduced;deleted
2022/12/12
Committee: LIBE
Amendment 509 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) 2016/399
Article 31 – paragraph 2 – point c
c) the names of the authorised crossing-points;deleted
2022/12/12
Committee: LIBE
Amendment 511 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) 2016/399
Article 31 – paragraph 2 – point d
d) the date and duration of the planned reintroduction;eleted
2022/12/12
Committee: LIBE
Amendment 513 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) 2016/399
Article 31 – paragraph 2 – point e
e) where appropriate, the measures to be taken by the other Member Stadelete.d
2022/12/12
Committee: LIBE
Amendment 518 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) 2016/399
Article 31 – paragraph 3 – subparagraph 2
Member States shall not be required to provide all the information referred to in the paragraph 2 in cases justified on public security grounds.deleted
2022/12/12
Committee: LIBE
Amendment 521 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EU) 2016/399
Article 33 – paragraph 2
2. Without prejudice to the first paragraph 1, where border controls are prolonged as referred to in Article 25a(5), the Member State concerned shall submit a report at the expiry of twelve months and every twelve months thereafterfour months if border control is exceptionally maintained.
2022/12/12
Committee: LIBE
Amendment 528 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EU) 2016/399
Article 33 – paragraph 3
3. The report shall outline, in particular, the initial and follow-up assessment of the necessity of border controls and the respect of the criteria referred to in Articles 26, the operation of the checks, the practical cooperation with neighbouring Member States, the resulting impact on the movement of persons in particular in the cross-border regions, the effectiveness of the reintroduction of border control at internal borders, including an ex-post assessment of the necessity and proportionality of the reintroduction of border control.
2022/12/12
Committee: LIBE
Amendment 532 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 15
6. The Commission shall present to the European Parliament and to the Council, at least annually, a report on the functioning of the area without internal border control entitled (‘State of Schengen report’). The report shall include a list of all decisions to reintroduce border control at internal borders taken during the relevant year. It shall also include information on the trends within the Schengen area as regards the unauthorised movements of thirdThe report shall pay particular attention to the border country nationaols, taking into account available information from the relevant Union agencies, data analysis from relevant information systems andhat have been in place for longer than four months, and shall include an assessment of the necessity and proportionality of the reintroductions of border controls in the period covered by that report and its impact on fundamental rights, including the principle of non- discrimination. The report shall also cover the reporting obligations resulting from Article 20 of the Schengen Evaluation Mechanism.
2022/12/12
Committee: LIBE
Amendment 539 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/399
Annex XII
[...]deleted
2022/12/12
Committee: LIBE
Amendment 545 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 2
Directive 2008/115/EC
Article 6 – paragraph 3
Amendment to Directive 2008/115/EC 1. Article 6(3) of Directive 2008/115/EC is replaced by the following: ‘3. Member States may refrain from issuing a return decision to a third- country national staying illegally on their territory if the third-country national concerned is taken back by another Member State in accordance with the procedure provided for in Article 23a of the Regulation (EU) 2016/399 of the European Parliament and of the Council* or under bilateral agreements or arrangements. The Member State which has taken back the third-country national concerned in accordance with the first subparagraph shall issue a return decision in accordance with paragraph 1. In such cases, the derogation laid down in the first subparagraph shall not apply. Member States shall without delay notify any existing, amended or new bilateral agreements or arrangements to the Commission.” * Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 077 23.3.2016, p. 1).rticle 2 deleted
2022/12/12
Committee: LIBE
Amendment 549 #
Anne-Sophie PELLETIER
Proposal for a regulation
Article 3
Transposition of amendment to Directive 1. Member States shall adopt and publish, by [6 months from entry into force of this Regulation] at the latest, the laws, regulations and administrative provisions necessary to comply with Article 2. They shall forthwith communicate to the Commission the text of those provisions. They shall apply those provisions from [6 months from entry into force]. When Member States adopt those provisions, they shall contain a reference to Article 2 of this Regulation or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.Article 3 deleted 2008/115/EC
2022/12/12
Committee: LIBE
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