Activities of Ioan ENCIU related to 2011/0242(COD)
Plenary speeches (1)
Evaluation mechanism to verify application of the Schengen acquis - Temporary reintroduction of border control at internal borders (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 562/2006 in order to provide for common rules on the temporary reintroduction of border control at internal borders in exceptional circumstances PDF (251 KB) DOC (334 KB)
Amendments (13)
Amendment 29 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Based on the experiences gathered so far with respect to the functioning of the area without border controls the Commission should draw up guidelines on the reintroduction of internal border controls, both in cases which require such a measure as a temporary reaction and in cases where an immediate action is needed. The Commission should draw up such guidelines in order to ensure coherent implementation of the Schengen rules. The guidelines should provide for clear indicators to facilitate the assessment of threats to public policy and national security.
Amendment 32 #
Proposal for a regulation
Recital 6
Recital 6
(6) The temporary reintroduction of certain controls at internal borders could also be a response to serious deficiencies identified by Schengen evaluations 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, 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.
Amendment 36 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) It is necessary for the Commission to present at least an annual overview to the Union institutions on the functioning of the Schengen area. This should provide the basis for an annual debate in the European Parliament and in the Council and contribute to the strengthening of political guidance and cooperation in the Schengen area.
Amendment 38 #
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 exercisedFor cases of persistent serious deficiencies identified in accordance with Article 15 of the Regulation (EU) No .../2012 of the European Parliament and of the Council of [...] [on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis] and in order to ensure uniform conditions and democratic scrutiny, a European mechanism for the reintroduction of temporary and exceptional border controls at internal borders should be established. Under this mechanism, the Commission should transmit to the European Parliament and to the Council a report assessing the necessity of the reintroduction of border controls at internal borders as a measure of last resort. The European Parliament and the Council should present their opinions within one month after which the Commission should be able to decide on the reintroduction of border control at internal borders by way of implementing acts, 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 applicableshould be used for the adoption of those implementing acts.
Amendment 46 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Border control at internal borders may only be reintroduced in accordance with the procedures foreseen in Articles 24, 25 and 26 of this Regulation. The criteria listed in Article 23a must be taken into accountapplied in each case where a decision on the reintroduction of border control at internal borders is contemplated.
Amendment 48 #
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, 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 relevant elements, for renewable periods of up to 30 days.
Amendment 59 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 562/2006
Article 23a – paragraph 1 – point c
Article 23a – paragraph 1 – point c
(c) the current and likely future impact of any serious deficiencies related to external border control or return procedures identified by Schengen evaluations in accordance with the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis;
Amendment 64 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23a – paragraph 2 a (new)
Article 23a – paragraph 2 a (new)
2a. Based on the experiences gathered so far with respect to the functioning of the area without border controls, the Commission shall issue guidelines on the reintroduction of internal border controls, both in cases which require such a measure as a temporary reaction and in cases where an immediate action is needed. The Commission shall draw up such guidelines in order to ensure coherent implementation of the Schengen rules. The guidelines shall provide clear indicators to facilitate the assessment of threats to public policy and national security.
Amendment 72 #
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 requestnotification by athe Member State pursuant to paragraph 1, or on its own initiative ba(s) planning to reintroduce border control and for the purposed onf the information specified in sections (a) to (e) of thatconsultation provided for in paragraph 4, the Commission shall decide on the reintroduction of border control at internal borders. Those implementing acts shall be adopted in accordance with the examination procedure referred to in may issue an opinion without prejudice to Article 33a (2)72 TFEU.
Amendment 76 #
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. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33a(2)information referred to in paragraph 1, as well as the opinion that the Commission may provide in accordance with paragraph 3, shall be the subject of consultations, including, if requested either by the Commission or the Member States, joint meetings, between the Member State planning to reintroduce border control at internal borders, the concerned neighbouring Member States and the Commission, with a view to examining the proportionality of the measures to the events giving rise to the reintroduction of border control and the threats to public policy or internal security.
Amendment 84 #
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 87 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The Commission shall decide on the reintroduction of border control at internal borders. Those implementing acts shall be adoptedWhere no other measures are capable of effectively mitigating the serious threat identified, the Commission shall transmit to the European Parliament and to the Council a report assessing the necessity of the reintroduction of border control at internal borders, as a measure of last resort, to protect common interests in the area without internal border controls. The European Parliament and the Council may present their opinions within one month after which the Commission may decide on the reintroduction of border control at internal borders by means of an implementing act in accordance with the examination procedure referred to in Article 33a (2).
Amendment 95 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 562/2006
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
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 controls. The report shall include a list of all decisions to reintroduce controls at internal borders taken during the year covered.