15 Amendments of Marian-Jean MARINESCU related to 2011/0242(COD)
Amendment 45 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Where in the area without border control at internal borders there is a serious threat to public policy or internal security at the Union or national level, border control at internal borders may exceptionally be reintroduced at all or specific parts of the internal borders of one or several Member States for a limited period of no more than 30 days or for the foreseeable duration of the serious threat if its duration exceeds the period of 30 days. The scope and duration of the temporary reintroduction of border control at internal borders shall not exceed what is strictly necessary to respond to the serious threat.
Amendment 49 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23 – paragraph 3
Article 23 – paragraph 3
3. If the serious threat to public policy or internal security at the Union or national level persists beyond the period provided for in paragraph 1 and 2, border control at internal borders may, taking account of the criteria listed in Article 23a, be prolonged on the same grounds as those referred to in paragraph 1 and, taking into account any new elements, for renewable periods of up to 30 days.
Amendment 52 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The total period during which border control is reintroduced at internal borders, on the basis of the initial period under paragraph 1 and prolongations under paragraph 3, shall not exceed six months. In cases of persistent serious deficiencies related to external border control or return procedures identified 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, the Commission can decide to extend this period in accordance with Article 26, until those serious deficiencies are remedied. In parallel, Commission shall take the necessary actions and shall decide on follow-up measures for the relevant Member States likely to adequately remedy the threat to public policy or internal security.
Amendment 56 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23a – paragraph 1 – point b
Article 23a – paragraph 1 – point b
(b) the availability of technical or financial support measures which could be or have been resorted to at the national and/or European level, including assistance by Union bodies such as Frontex, the EASO or Europol, and the extent to which such measures are likely to adequately remedy the threats to public policy or internal security at the Union or national level, and therefore avoid the temporary reintroduction of border control at internal borders;
Amendment 61 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23a – paragraph 2 – point a
Article 23a – paragraph 2 – point a
(a) request Member States, Frontex, Europol, Eurojust, the Fundamental Rights Agency or any other Union body to provide it with further information, including proposals for action plans that can remedy the threat or the deficiencies identified which could avoid the temporary reintroduction of border control at internal borders,
Amendment 67 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Where a Member State considers that border control at internal borders should be reintroduced under Article 23(1), it shall submit a request to the Commission at the latest sixfour weeks before the planned reintroduction, or within a shorter period where the circumstances giving rise to the need to reintroduce border control at internal borders do not become known until less than six weeks before the planned reintroduction, and. The request shall supply the following information:
Amendment 68 #
Proposal for a regulation
Article 1– point 1
Article 1– point 1
Regulation (EC) No 562/2006
Article 24 – paragraph 1 – point a a (new)
Article 24 – paragraph 1 – point a a (new)
(aa) measures taken by the Member State before it submitted its request in order to remedy the threat or the deficiencies identified and why those measures were ineffective;
Amendment 69 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 24 – paragraph 1 – point b b (new)
Article 24 – paragraph 1 – point b b (new)
(bb) an explanatory note stating the steps intended to be taken in order to remedy the threat or the deficiencies identified any other parallel activities intended to be performed and a schedule of those activities;
Amendment 70 #
Proposal for a regulation
Article 1– point 1
Article 1– point 1
Regulation (EC) No 562/2006
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
(e) where appropriate, the measures proposed to be taken by the other Member States.
Amendment 73 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Following a request by a Member State pursuant to paragraph 1, after consulting the other Member States or on its own initiative based on the information specified in sections (a) to (e) of that paragraph, the Commission shall decide on the planned reintroduction of border control at internal borders, at least seven days before such reintroduction. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33a (2).
Amendment 74 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. If the Commission approves the reintroduction of border control at internal borders the approval decision shall contain the information it received from the Member State concerned in accordance with paragraph 1. If the Commission refuses to endorse the reintroduction of border control at internal borders, the refusal decision shall contain an action plan likely to remedy adequately the threat to public policy or internal security without the need for the reintroduction of border control. The Commission may also decide not to proceed with the reintroduction of the borders control at the internal borders of a Member State, after asking the consent of the Member State and after consulting other Member States concerned, based on the information regarding the serious threat identified . In such a case the decision shall include the information referred to in paragraph 1.
Amendment 77 #
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 the prolongation of border control at internal borders upon the request of the Member State concerned or on its own initiative after the consent of the relevant Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33a(2).
Amendment 81 #
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, according to Article 23(3) and (4). 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 Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 33a (3). The decision to prolong border control at internal borders shall be accompanied by an action plan to remedy the identified threat and deficiencies within the prolonged period provided for by the Commission.
Amendment 86 #
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 accordance with Article 15 of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, and insofar as these deficiencies constitute a serious threat to public policy or internal security at the Union or national level, 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 the serious deficiencies are not remedied. No more than three such prolongations will be possible. The decision to prolong border control at internal borders shall be accompanied by an action plan to remedy the identified threat and deficiencies within the prolonged period provided for by the Commission.
Amendment 94 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 562/2006
Article 29
Article 29
At the latest four weeks after the lifting of border control at internal borders, the Member State which has carried outreintroduced border control at internal borders shall present a report to the European Parliament, the Council and the Commission on the reintroduction of border control at internal borders, outlining, in particular, the operation of the checks and the effectiveness of the reintroduction of border control at internal borders.