16 Amendments of Cornelia ERNST related to 2011/0242(COD)
Amendment 17 #
Draft legislative resolution
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The European Parliament rejects the Commission proposal.
Amendment 18 #
Proposal for a regulation
Recital 1
Recital 1
(1) The creation of an area in which the free movement of persons across internal borders is ensured is one of the main achievements of the European Union. In such an area without controls at internal borders, it is necessary to have a common response to situations seriously affecting the public policy or internal security of the European Union or of one or more Member States by allowing for the reintroduction of border control at internal borders in exceptional circumstances, but without jeopardising the principle of the free movement of persons. A common Union response is therefore needed, given the impact that such measures of last resort may have on all persons having the right to circulate within this area without border control at internal border, but without jeopardising the principle of the free movement of persons.
Amendment 22 #
Proposal for a regulation
Recital 2
Recital 2
(2) Free movement within the area without internal border controls is a key Union achievement. As free movement is affected by the temporary reintroduction of border control at internal borders, any decision to do so should be taken at the Union level. In any case, reintroduction of border control at internal borders should only take place as a measure of last resort, for a strictly limited scope and period of time, based on specific objective criteria and on an assessment of its necessity which should be made at Union level. In cases where the serious threat to public policy or internal security requires immediate action, a Member State should be able to reintroduce border control at its internal borders for a period not exceeding five days, any prolongation of which needs to be decided at Union level and should be based on specific objective criteria and on a thorough assessment of its necessity.
Amendment 24 #
Proposal for a regulation
Recital 5
Recital 5
(5) The situations can arise where a large numbers of third country nationals cross the external border of one or more Member States. This might result in an unexpected and significant increase in secondary movements of third country nationals found to be irregularly staying in the territory of another Member State or States. Taking into account the number of Member States affected by such an unexpected and significant increase in secondary movements, and the overall impact of this increase on the migratory situation in the Union or in an individual Member State, it may be considered necessary to temporarily reintroduce border control at internal borders where the circumstances would be such as to constitute a serious threat to public policy or to internal security at the Union or national level. The crossing of the external border of a large number of third-country nationals might, in exceptional circumstances, justify the immediate reintroduction of some internal border controls, if such a measure is needed to safeguardcrossing of external borders by a large number of third-country nationals should not per se be considered a threat to public policy andor internal security at the Union or national level from a serious and urgent threat.
Amendment 27 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In order to guarantee fully free movement in the area without internal border controls and to forego the reintroduction of controls at internal borders on political grounds by Member States, all cases of reintroduction of controls at internal borders should be overseen by the Commission. To that end the Commission should make full use of the powers conferred to it by the Treaties, including Article 258 TFEU.
Amendment 30 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 40 #
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. These powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers. Except in cases of urgency, and iIn view of the terms of Article 2(2)(b)(iii) of that Regulation, the examination procedure is applicable.
Amendment 43 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
1. Where in the area without border control at internal borders there is a concrete 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 50 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
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.
Amendment 55 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23a– paragraph 1 – point a
Article 23a– paragraph 1 – point a
(a) the likely impact of any tangible threats to public policy or internal security at the Union or national level, including following terrorist incidents or threats as well as threats posed by organised crime;
Amendment 57 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23a – paragraph 1 – point c
Article 23a – paragraph 1 – point c
Amendment 65 #
Proposal for a regulation
Article 1– point 1
Article 1– point 1
Regulation (EC) No 562/2006
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
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 six 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 shall supply the following information:
Amendment 71 #
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
Amendment 82 #
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.
Amendment 93 #
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 liftingreintroduction of border control at internal borders, the Member State which has carried out 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.
Amendment 96 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 562/2006
Article 30
Article 30
The Commission shall inform the public on a decision to reintroduce border control at internal borders and indicate in particular the start and end date of such a measure, unless there are overriding security reasons for not doing so.