2017/0245(COD) Temporary reintroduction of border control at internal borders
Lead committee dossier:
Progress: Procedure lapsed or withdrawn
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE | ||
| Former Responsible Committee | LIBE |
Lead committee dossier:
Legal Basis:
RoP 59-p4, TFEU 077-p2
Legal Basis:
RoP 59-p4, TFEU 077-p2Subjects
Events
2021/12/14
EC - Proposal withdrawn by Commission
2019/10/09
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 72)
2019/09/24
EP - Committee decision to open interinstitutional negotiations after 1st reading in Parliament
2019/06/12
EC - Commission response to text adopted in plenary
Documents
2019/04/04
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 339 votes to 205, with 62 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/399 as regards the rules applicable to the temporary reintroduction of internal border control, thus closing its first reading.
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:
A measure of last resort with enhanced cooperation
Parliament recalled that 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 Union. The normal functioning and strengthening of such an area, which is based on trust and solidarity, should be a common objective of the Union and the Member States which have agreed to take part in it.
At the same time, it stressed that it is necessary to have a common response to situations seriously affecting the public policy or internal security of that area, or parts thereof, by allowing for the temporary reintroduction of border control at internal borders in exceptional circumstances and as a last resort, while strengthening cooperation between the Member States concerned.
Criteria for the temporary reintroduction of internal border controls
Before reintroducing control at its internal borders, a Member State shall assess:
- whether this measure is likely to sufficiently remedy the threat to public policy or internal security;
whether measures other than the temporary reintroduction of border control at internal borders, such as enhanced cross-border police cooperation or intensified police checks, are likely to sufficiently remedy the threat to public policy or internal security;
- the proportionality of the temporary reintroduction of border control at internal borders in relation to the threat to public policy or internal security.
Where a Member State assesses that the proposed reintroduction of internal border control is not proportionate to the threat, it shall not reintroduce or prolong internal border control. Any measure reintroducing controls at the internal borders of a Member State shall be withdrawn as soon as the underlying grounds for it cease to exist.
Possible serious threat to public policy or internal security
Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may, as a measure of last resort, reintroduce border control at all or specific parts of its internal borders for a limited period of up to 30 days or, if the serious threat persists beyond 30 days, for the foreseeable duration of the serious threat but, in any event, for no longer than two months, with a possibility of a prolongation of up to an additional four months.
Whenever the reintroduction of internal border control is proposed for specific planned events of an exceptional nature and duration, such as sporting activities, the duration of such control should be very precise, circumscribed and linked to the actual duration of the event.
Risk assessment
In order to ensure that such internal border control is a measure of last resort and exceptional, Member States shall submit a risk assessment concerning its envisaged extension beyond two months.
The risk assessment shall: (i) assess how long the identified threat is expected to persist and which section of its internal borders is affected; (ii) demonstrate that the prolongation of border control is a last resort; and (iii) explain how border control would better help address the identified threat.
The risk assessment shall also contain a detailed report of the cooperation which took place between the Member State concerned and the Member State or Member States directly affected by the reintroduction of border control. The Commission shall share the risk assessment with the Agency and Europol and may request, where appropriate, their views thereon.
Consultation
Where, based on the information contained in the notification or on any additional information it has received, the Commission has concerns as regards the necessity or proportionality of the planned reintroduction of border control at internal borders, or where it considers that a consultation on some aspect of the notification would be appropriate, it shall issue an opinion to that effect without delay.
The information and any Commission or Member State opinions shall be the subject of a consultation. The consultation shall include:
- joint meetings between the Member State planning to reintroduce border control at internal borders, the other Member States, especially those directly affected by such measures, and the Commission, which shall be held with a view to organising, where appropriate, mutual cooperation between the Member States and to examining the proportionality of the measures to the events giving rise to the reintroduction of border control, including any possible alternative measures, and the threat to public policy or internal security;
- where appropriate, unannounced on-site visits by the Commission to the relevant internal borders and, where appropriate, with the support of experts from Member States and from the Agency, Europol or any other relevant Union body, office or agency, to assess the effectiveness of border controls at those internal borders and the compliance with this Regulation; the reports of such unannounced on-site visits shall be transmitted to the European Parliament.
Specific procedure in the event of a long-term threat
The Regulation shall also specifically provide for the possibility to prolong internal border controls beyond six months, on an exceptional basis. A subsequent prolongation of controls beyond six months would require an opinion from the European Commission and a Council recommendation. In any event, such a possibility shall not lead to a further extension of temporary border control beyond one year.
The European Parliament shall immediately be informed about the proposed prolongation. The Member States affected shall have the possibility to make observations to the Commission before it issues its opinion.
Documents
2018/11/29
EP - Results of vote in Parliament
Documents
2018/11/29
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 319 votes to 241, with 78 abstentions, amendments to the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/399 as regards the rules applicable to the temporary reintroduction of border control at internal border.
The matter was referred back to the committee responsible for interinstitutional negotiations.
The main amendments adopted in plenary concern the following points:
Last resort measure : Parliament recalled that 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 Union . The normal functioning and strengthening of such an area, which is based on trust and solidarity, should be a common objective of the Union and the Member States which have agreed to take part in it. At the same time, it is necessary to have a common response to situations seriously affecting the public policy or internal security of that area, or parts thereof, by allowing for the temporary reintroduction of border control at internal borders in exceptional circumstances and as a last resort, while strengthening cooperation between the Member States concerned.
Criteria : before reintroducing control at its internal borders, a Member State shall assess:
whether this measure is likely to sufficiently remedy the threat to public policy or internal security; whether measures other than the temporary reintroduction of border control at internal borders, such as enhanced cross-border police cooperation or intensified police checks, are likely to sufficiently remedy the threat to public policy or internal security; the proportionality of the temporary reintroduction of border control at internal borders in relation to the threat to public policy or internal security.
Where a Member State assesses that the proposed reintroduction of internal border control is not proportionate to the threat, it shall not reintroduce or prolong internal border control. Any measure reintroducing controls at the internal borders of a Member State shall be withdrawn as soon as the underlying grounds for it cease to exist.
Possible serious threat to public policy or internal security : where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may, as a measure of last resort, reintroduce border control at all or specific parts of its internal borders for a limited period of up to 30 days or, if the serious threat persists beyond 30 days, for the foreseeable duration of the serious threat but, in any event, for no longer than two months , with a possibility of a prolongation of up to an additional four months.
Whenever the reintroduction of internal border control is proposed for specific planned events of an exceptional nature and duration, such as sporting activities , the duration of such control should be very precise, circumscribed and linked to the actual duration of the event.
Risk assessment : in order to ensure that such internal border control is a measure of last resort and exceptional, Member States shall submit a risk assessment concerning its envisaged extension beyond two months.
The risk assessment shall: (i) assess how long the identified threat is expected to persist and which section of its internal borders is affected; (ii) demonstrate that the prolongation of border control is a last resort ; and (iii) explain how border control would better help address the identified threat.
The risk assessment shall also contain a detailed report of the cooperation which took place between the Member State concerned and the Member State or Member States directly affected by the reintroduction of border control. The Commission shall share the risk assessment with the Agency and Europol and may request, where appropriate, their views thereon.
Consultation : where, based on the information contained in the notification or on any additional information it has received, the Commission has concerns as regards the necessity or proportionality of the planned reintroduction of border control at internal borders, or where it considers that a consultation on some aspect of the notification would be appropriate, it shall issue an opinion to that effect without delay.
The information and any Commission or Member State opinions shall be the subject of a consultation. The consultation shall include:
joint meetings between the Member State planning to reintroduce border control at internal borders, the other Member States, especially those directly affected by such measures, and the Commission, which shall be held with a view to organising, where appropriate, mutual cooperation between the Member States and to examining the proportionality of the measures to the events giving rise to the reintroduction of border control, including any possible alternative measures, and the threat to public policy or internal security; where appropriate, unannounced on-site visits by the Commission to the relevant internal borders and, where appropriate, with the support of experts from Member States and from the Agency, Europol or any other relevant Union body, office or agency, to assess the effectiveness of border controls at those internal borders and the compliance with this Regulation; the reports of such unannounced on-site visits shall be transmitted to the European Parliament.
Specific procedure in the event of a long-term threat : the Regulation shall also specifically provide for the possibility to prolong internal border controls beyond six months , on an exceptional basis. A subsequent prolongation of controls beyond six months would require an opinion from the European Commission and a Council recommendation. In any event, such a possibility shall not lead to a further extension of temporary border control beyond one year .
The European Parliament shall immediately be informed about the proposed prolongation. The Member States affected shall have the possibility to make observations to the Commission before it issues its opinion.
Documents
2018/11/29
EP - Matter referred back to the committee responsible
2018/11/05
FR_SENATE - Contribution
Documents
2018/10/29
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Tanja FAJON (S&D, SI) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/399 as regards the rules applicable to the temporary reintroduction of border control at internal border.
The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows.
General framework and criteria : Members recalled that t he creation of an area in which the free movement of persons across internal borders is ensured is one of the main achievements of the Union . The normal functioning and strengthening of such an area, which is based on trust and solidarity, should be a common objective of the Union and the Member States which have agreed to take part in it. At the same time, it is necessary to have a common response to situations seriously affecting the public policy or internal security of that area, or parts thereof, by allowing for the temporary reintroduction of border control at internal borders in exceptional circumstances and as a last resort .
Before reintroducing control at its internal borders, a Member State shall assess:
whether this measure is likely to sufficiently remedy the threat to public policy or internal security; whether measures other than the temporary reintroduction of border control at internal borders, such as enhanced cross-border police cooperation or intensified police checks, are likely to sufficiently remedy the threat to public policy or internal security; the proportionality of the temporary reintroduction of border control at internal borders in relation to the threat to public policy or internal security.
Any measure reintroducing controls at the internal borders of a Member State shall be withdrawn as soon as the underlying grounds for it cease to exist.
Possible serious threat to public policy or internal security : where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may, as a measure of last resort, reintroduce border control at all or specific parts of its internal borders for a limited period of up to 30 days or, if the serious threat persists beyond 30 days, for the foreseeable duration of the serious threat but, in any event, for no longer than two months , with a possibility of a prolongation of up to an additional four months.
In order to ensure that such internal border control is a measure of last resort and exceptional, Member States shall submit a risk assessment concerning its envisaged extension beyond two months.
The risk assessment shall: (i) assess how long the identified threat is expected to persist and which section of its internal borders is affected; (ii) demonstrate that the prolongation of border control is a last resort ; and (iii) explain how border control would better help address the identified threat.
Where, based on the information contained in the notification or on any additional information it has received, the Commission has concerns as regards the necessity or proportionality of the planned reintroduction of border control at internal borders, or where it considers that a consultation on some aspect of the notification would be appropriate, it shall issue an opinion to that effect without delay.
The information and any Commission or Member State opinions shall be the subject of a consultation. The consultation shall include:
joint meetings between the Member State planning to reintroduce border control at internal borders, the other Member States, especially those directly affected by such measures, and the Commission, which shall be held with a view to organising, where appropriate, mutual cooperation between the Member States and to examining the proportionality of the measures to the events giving rise to the reintroduction of border control, including any possible alternative measures, and the threat to public policy or internal security; where appropriate, unannounced on-site visits by the Commission to the relevant internal borders and, where appropriate, with the support of experts from Member States and from the Agency, Europol or any other relevant Union body, office or agency, to assess the effectiveness of border controls at those internal borders and the compliance with this Regulation; the reports of such unannounced on-site visits shall be transmitted to the European Parliament.
Specific procedure : the Regulation shall also specifically provide for the possibility to prolong internal border controls beyond six months, on an exceptional basis . A subsequent prolongation of controls beyond six months would require an opinion from the European Commission and a Council recommendation . In any event, such a possibility shall not lead to a further extension of temporary border control beyond one year .
The European Parliament shall immediately be informed about the proposed prolongation. The Member States affected shall have the possibility to make observations to the Commission before it issues its opinion.
Documents
2018/10/22
EP - Vote in committee, 1st reading
2018/10/22
EP - Rejection by committee to open interinstitutional negotiations with report adopted in committee
2018/05/17
EP - Amendments tabled in committee
Documents
2018/04/12
EP - Committee draft report
Documents
2018/02/05
CZ_CHAMBER - Contribution
Documents
2017/12/21
PT_PARLIAMENT - Contribution
Documents
2017/12/21
EL_PARLIAMENT - Contribution
Documents
2017/12/19
ES_PARLIAMENT - Contribution
Documents
2017/12/14
CZ_SENATE - Contribution
Documents
2017/10/26
EP - Committee referral announced in Parliament, 1st reading
2017/09/27
EC - Legislative proposal published
Details
PURPOSE: to update the Schengen Borders Code to adapt the rules for the reintroduction of temporary internal border controls to the current needs to respond to evolving and persistent serious threats to public policy or internal security.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: The European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: due to the secondary movements of irregular migrants and the increase of cross-border terrorist threats posing a serious threat to the internal security of a number of Schengen States, some Members States have been compelled to extend the temporary reintroduction of internal border controls .
Based on the current Schengen rules , border controls at internal borders are possible for longer than six months when there are serious deficiencies in the external border management of a Member State, as demonstrated during a Schengen Evaluation.
In situations where the serious threat to public policy or internal security is not related to deficiencies in the management of the external borders as demonstrated during a Schengen Evaluation, the reintroduction of border control at internal borders is subject to the conditions and time limits set out in the Schengen Borders Code.
While the current rules for the temporary reintroduction of internal border controls have proved sufficient in the vast majority of cases, the maximum periods laid down in the legislation may not be sufficient when Member States face serious and persistent threats to public order or internal security.
This is why the Commission considers it necessary to adapt the maximum periods for the temporary reintroduction of border checks to current needs, while ensuring that the use of this measure remains exceptional and is decided only as a last resort.
CONTENT: the proposal seeks to update the Schengen Borders Code to prolong the time limits for internal border controls . Stronger procedural safeguards are also being introduced to ensure that border controls at internal borders remain an exception - a measure of last resort - and are used only if necessary and proportionate, limiting the impact on free movement.
The Commission proposes:
to increase up to one year (instead of six months) the maximum time limit for temporary reintroduction of border control at internal borders for the foreseeable duration of the serious threat and to increase from up to 30 days to up to six months the limit for the length of prolongation periods; to introduce better procedural safeguards in order to ensure that the decision on temporary border control at internal borders or their prolongation is based on a proper risk assessment and is taken in cooperation with the other Member States concerned. Member States will prepare and submit a risk assessment assessing how long the identified threat is expected to persist and which sections of the internal borders are affected and how border control contributed to address the identified threat; to introduce a better follow up to the opinion of the Commission expressing concerns on the necessity or proportionality of border controls being exercised for longer than six months and the consultation procedure involving the Commission, Member States and, as now proposed, relevant Agencies; a new possibility is introduced to extend internal border controls by a maximum period of two years where the serious threat to internal security or public policy persists beyond the one-year deadline , provided that it can be attributed to the same grounds (e.g. threat related to the operation of a cross-border terrorist network) and that commensurate exceptional national measures are taken within the territory to address the threat (such as the state of emergency). Such prolongation would require a Recommendation of the Council , which would need to take into account the opinion given by the Commission, and would be strictly limited to 6 month periods with the possibility to prolong no more than three times up to a maximum period of two years.
Documents
Documents
- Commission response to text adopted in plenary: SP(2019)443
- Decision by Parliament, 1st reading: T8-0356/2019
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0472/2018
- Contribution: COM(2017)0571
- Committee report tabled for plenary, 1st reading: A8-0356/2018
- Amendments tabled in committee: PE622.093
- Committee draft report: PE618.307
- Contribution: COM(2017)0571
- Contribution: COM(2017)0571
- Contribution: COM(2017)0571
- Contribution: COM(2017)0571
- Contribution: COM(2017)0571
- Legislative proposal published: COM(2017)0571
- Legislative proposal published: EUR-Lex
- Committee draft report: PE618.307
- Amendments tabled in committee: PE622.093
- Commission response to text adopted in plenary: SP(2019)443
- Contribution: COM(2017)0571
- Contribution: COM(2017)0571
- Contribution: COM(2017)0571
- Contribution: COM(2017)0571
- Contribution: COM(2017)0571
- Contribution: COM(2017)0571
Votes
A8-0356/2018 - Tanja Fajon - Am 23S 29/11/2018 11:40:19.000 #
2018/11/29 Outcome: +: 329, -: 302, 0: 10
A8-0356/2018 - Tanja Fajon - Am 26 29/11/2018 11:41:01.000 #
2018/11/29 Outcome: +: 330, -: 306, 0: 6
A8-0356/2018 - Tanja Fajon - Am 32 29/11/2018 11:43:39.000 #
2018/11/29 Outcome: +: 330, -: 299, 0: 10
A8-0356/2018 - Tanja Fajon - Am 64 29/11/2018 11:45:13.000 #
2018/11/29 Outcome: -: 410, +: 213, 0: 15
| FR | NL | DK | RO | MT | EE | LU | LV | HR | SI | ?? | CZ | PL | IE | LT | AT | CY | EL | FI | BE | HU | BG | SK | ES | SE | PT | DE | IT | GB | ||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Total |
61
|
24
|
12
|
27
|
5
|
6
|
4
|
7
|
8
|
8
|
1
|
17
|
44
|
10
|
9
|
18
|
6
|
14
|
9
|
21
|
17
|
16
|
11
|
44
|
20
|
17
|
81
|
57
|
62
|
|
 PPE |
183
|
France PPEFor (17)Against (2) |
Netherlands PPEFor (5) |
1
|
Romania PPEFor (11)Against (1) |
3
|
1
|
2
|
3
|
4
|
Slovenia PPEFor (4)Against (1) |
4
|
Poland PPEFor (19)Adam SZEJNFELD, Agnieszka KOZŁOWSKA, Andrzej GRZYB, Barbara KUDRYCKA, Bogdan Andrzej ZDROJEWSKI, Bogusław SONIK, Czesław Adam SIEKIERSKI, Danuta JAZŁOWIECKA, Danuta Maria HÜBNER, Dariusz ROSATI, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan OLBRYCHT, Janusz LEWANDOWSKI, Jarosław WAŁĘSA, Jerzy BUZEK, Julia PITERA, Krzysztof HETMAN, Michał BONI, Róża THUN UND HOHENSTEIN
|
4
|
1
|
Austria PPEFor (1)Against (1)Abstain (3) |
1
|
1
|
1
|
4
|
Hungary PPEAgainst (10) |
Bulgaria PPEAgainst (4)Abstain (1) |
Slovakia PPEAgainst (6) |
Spain PPEFor (16)Antonio LÓPEZ-ISTÚRIZ WHITE, Carlos ITURGAIZ, Esteban GONZÁLEZ PONS, Esther HERRANZ GARCÍA, Francisco José MILLÁN MON, Francisco de Paula GAMBUS MILLET, Gabriel MATO, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA, Luis de GRANDES PASCUAL, Pilar AYUSO, Pilar DEL CASTILLO VERA, Ramón Luis VALCÁRCEL SISO, Rosa ESTARÀS FERRAGUT, Santiago FISAS AYXELÀ, Teresa JIMÉNEZ-BECERRIL BARRIO, Verónica LOPE FONTAGNÉ
|
Sweden PPEAgainst (1) |
Portugal PPEAgainst (5) |
Germany PPEFor (27)Albert DESS, Andreas SCHWAB, Angelika NIEBLER, Axel VOSS, Daniel CASPARY, David MCALLISTER, Dennis RADTKE, Dieter-Lebrecht KOCH, Elmar BROK, Godelieve QUISTHOUDT-ROWOHL, Ingeborg GRÄSSLE, Jens GIESEKE, Manfred WEBER, Markus FERBER, Markus PIEPER, Michael GAHLER, Monika HOHLMEIER, Norbert LINS, Peter JAHR, Peter LIESE, Rainer WIELAND, Renate SOMMER, Sabine VERHEYEN, Sven SCHULZE, Thomas MANN, Werner KUHN, Werner LANGEN
Against (2) |
Italy PPEFor (7)Against (2) |
2
|
|
 ENF |
29
|
4
|
2
|
4
|
1
|
1
|
Italy ENF |
|||||||||||||||||||||||
 NI |
17
|
1
|
1
|
1
|
Poland NIAgainst (2)Abstain (1) |
Greece NIFor (2)Abstain (2) |
1
|
2
|
4
|
|||||||||||||||||||||
 EFDD |
39
|
France EFDD |
1
|
1
|
1
|
1
|
Italy EFDDAgainst (13)Abstain (1) |
United Kingdom EFDDAgainst (16) |
||||||||||||||||||||||
 GUE/NGL |
42
|
France GUE/NGLFor (1)Against (3) |
3
|
1
|
3
|
4
|
2
|
4
|
1
|
Spain GUE/NGLAgainst (6) |
1
|
4
|
Germany GUE/NGLAgainst (6) |
2
|
1
|
|||||||||||||||
 Verts/ALE |
44
|
3
|
2
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
3
|
1
|
2
|
2
|
3
|
4
|
Germany Verts/ALEFor (1)Against (10) |
United Kingdom Verts/ALEAgainst (6) |
||||||||||||
 ALDE |
59
|
France ALDEAgainst (6) |
Netherlands ALDEFor (2)Against (3) |
3
|
1
|
3
|
1
|
1
|
1
|
1
|
4
|
1
|
3
|
1
|
4
|
Belgium ALDEAgainst (6) |
3
|
3
|
1
|
3
|
1
|
|||||||||
 ECR |
59
|
2
|
2
|
2
|
1
|
1
|
2
|
1
|
1
|
1
|
1
|
4
|
2
|
2
|
2
|
Germany ECRAgainst (5) |
2
|
United Kingdom ECRAgainst (13) |
||||||||||||
 S&D |
164
|
3
|
3
|
Romania S&DAgainst (9) |
2
|
1
|
1
|
1
|
1
|
3
|
Poland S&D |
1
|
2
|
Austria S&DAgainst (5) |
2
|
4
|
1
|
4
|
4
|
4
|
3
|
Sweden S&DAgainst (6) |
Portugal S&DAgainst (7) |
Germany S&DFor (1)Against (22)
Arndt KOHN,
Arne LIETZ,
Bernd LANGE,
Birgit SIPPEL,
Constanze KREHL,
Dietmar KÖSTER,
Gabriele PREUSS,
Iris HOFFMANN,
Jo LEINEN,
Joachim SCHUSTER,
Kerstin WESTPHAL,
Knut FLECKENSTEIN,
Maria NOICHL,
Martina WERNER,
Michael DETJEN,
Norbert NEUSER,
Petra KAMMEREVERT,
Susanne MELIOR,
Sylvia-Yvonne KAUFMANN,
Tiemo WÖLKEN,
Udo BULLMANN,
Ulrike RODUST
|
Italy S&DAgainst (25)
Alessia Maria MOSCA,
Andrea COZZOLINO,
Brando BENIFEI,
Caterina CHINNICI,
Cécile Kashetu KYENGE,
Damiano ZOFFOLI,
Daniele VIOTTI,
David Maria SASSOLI,
Enrico GASBARRA,
Flavio ZANONATO,
Giuseppe FERRANDINO,
Goffredo Maria BETTINI,
Isabella DE MONTE,
Luigi MORGANO,
Mercedes BRESSO,
Michela GIUFFRIDA,
Nicola CAPUTO,
Nicola DANTI,
Patrizia TOIA,
Pier Antonio PANZERI,
Pina PICIERNO,
Renata BRIANO,
Roberto GUALTIERI,
Sergio Gaetano COFFERATI,
Simona BONAFÈ
|
United Kingdom S&DAgainst (19) |
A8-0356/2018 - Tanja Fajon - Am 44 29/11/2018 11:45:30.000 #
2018/11/29 Outcome: +: 325, -: 287, 0: 13
A8-0356/2018 - Tanja Fajon - Am 3 29/11/2018 11:46:36.000 #
2018/11/29 Outcome: +: 322, -: 300, 0: 17
A8-0356/2018 - Tanja Fajon - Am 5 29/11/2018 11:46:50.000 #
2018/11/29 Outcome: +: 497, -: 123, 0: 16
A8-0356/2018 - Tanja Fajon - Am 6 29/11/2018 11:47:01.000 #
2018/11/29 Outcome: +: 330, -: 296, 0: 10
A8-0356/2018 - Tanja Fajon - Am 7 29/11/2018 11:47:18.000 #
2018/11/29 Outcome: +: 340, -: 279, 0: 17
A8-0356/2018 - Tanja Fajon - Am 12 29/11/2018 11:47:30.000 #
2018/11/29 Outcome: +: 316, -: 311, 0: 11
A8-0356/2018 - Tanja Fajon - Am 15 29/11/2018 11:48:18.000 #
2018/11/29 Outcome: +: 319, -: 312, 0: 8
A8-0356/2018 - Tanja Fajon - Proposition de la Commission 29/11/2018 11:48:35.000 #
2018/11/29 Outcome: +: 319, -: 241, 0: 78
| Amendments | Dossier |
| 166 |
2017/0245(COD)
2018/05/17
LIBE
166 amendments...
Amendment 100 #
Proposal for a regulation Recital 11 (11) To that end, the Commission should issue an opinion on the necessity and proportionality of such prolongation, a
Amendment 101 #
Proposal for a regulation Recital 11 (11) To that end, the Commission should issue an opinion on the necessity and proportionality of such prolongation and
Amendment 102 #
Proposal for a regulation Recital 11 (11) To that end, the Commission should issue an opinion on the necessity and proportionality of such prolongation and, where appropriate, on the cooperation with the neighbouring Member States, including possible concurrent introduction of internal border controls in various Member States.
Amendment 103 #
Proposal for a regulation Recital 12 Amendment 104 #
Proposal for a regulation Recital 12 (12) In view of the nature of such measures, which touch on national executive and enforcement powers regarding serious threats to public policy or internal security,
Amendment 105 #
Proposal for a regulation Recital 13 (13) The Council, taking account of the Commission's opinion, may
Amendment 106 #
Proposal for a regulation Recital 13 (13) The Council, taking account of the Commission's opinion, may recommend such extraordinary further prolongation and where appropriate determine the conditions for cooperation between the Member States concerned, with a view to ensuring that it is an exceptional measure, in place only for as long as necessary and justified, and consistent with the measures
Amendment 107 #
Proposal for a regulation Recital 13 (13) The Council, taking account of the Commission's opinion, may recommend such extraordinary further prolongation and where appropriate
Amendment 108 #
Proposal for a regulation Recital 13 (13) The Council, taking account of the Commission's reasoned and detailed opinion, may recommend such extraordinary further prolongation and where appropriate determine the conditions for cooperation between the Member States concerned, with a view to ensuring that it is an exceptional measure, in place only for as long as necessary and justified, and consistent with the measures also taken at the national level within the territory to address the same specific threat to public policy or internal security. The Council recommendation should be a prerequisite for any further prolongation beyond the period of
Amendment 109 #
Proposal for a regulation Recital 13 (13) The Council, taking account of the Commission's opinion, may recommend such extraordinary further prolongation and where appropriate determine the conditions for cooperation between the Member States concerned, with a view to ensuring that it is an exceptional measure, in place only for as long as necessary and
Amendment 110 #
Proposal for a regulation Recital 13 (13) The Council, taking account of the Commission's opinion,
Amendment 111 #
Proposal for a regulation Recital 13 a (new) (13a) The total period during which border control at internal borders is reintroduced or prolonged under Articles 25, 27, 27(a), 28 and 29 should in principle not be cumulative as the circumstances justifying the reintroduction or extension of internal border control vary from case to case. It is therefore not necessary to set a maximum total cumulative period in the event that the periods laid down in several or all of the procedures are added together. Similarly, the entry into force of this Regulation should be without prejudice to existing internal border control measures.
Amendment 112 #
Proposal for a regulation Recital 13 a (new) (13a) Measures adopted under Article 29 concerning specific procedures for exceptional circumstances endangering the overall functioning of the area without internal border control should not be able to be applied in combination with measures for the reintroduction or extension of internal border control adopted under other articles of this Regulation.
Amendment 113 #
Proposal for a regulation Recital 13 a (new) (13a) As referred to in Article 29, internal border controls may be reintroduced to respond to inadequacies in the management of the external borders. That article is unaffected by this change, and the procedure governing it should be kept separate from that which gives rise to the reintroduction of internal border controls in the other circumstances provided for by the Schengen Borders Code.
Amendment 114 #
Proposal for a regulation Recital 13 a (new) (13a) Where the Commission considers that a Member State has failed to fulfil an obligation under the Treaties, in accordance with Article 258 of the Treaty on the Functioning of the European Union, the Commission should, as the guardian of the Treaties overseeing the application of Union law and of measures adopted by institutions pursuant to them, take appropriate measures, including by bringing the matter before the Court of Justice of the European Union.
Amendment 115 #
Proposal for a regulation Recital 14 (14) Since the objective of this Regulation, namely allowing the prolongation in exceptional cases of reintroduced border controls at specific section(s) of the internal borders for the time period necessary for a Member State to adequately respond to a persistent threat of a cross-border nature, is to complement the current rules on temporary reintroduction of border controls at internal borders, it cannot be achieved
Amendment 116 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 1 1. Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders for a limited period
Amendment 117 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 1 1. Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders for a limited period
Amendment 118 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 1 1. Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders for a limited period of up to
Amendment 119 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 1 1. Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders, as a last resort, for a limited period of up to 30 days, or for the foreseeable duration of the serious threat if its duration exceeds 30 days, but not exceeding
Amendment 120 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 1 1. Where, in the area without internal border control, there is a duly proven serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders for a limited period of up to 30 days, or for the foreseeable duration of the serious threat if its duration exceeds 30 days, but not exceeding six months. The scope and duration of the temporary reintroduction of border control at internal borders shall not exceed what is strictly necessary to
Amendment 121 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 2 Amendment 122 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 2 2. Border control at internal borders shall only be reintroduced
Amendment 123 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 3 Amendment 124 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 3. If the serious threat to public policy or internal security in the Member State concerned persists beyond the period provided for
Amendment 125 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 3 3. If the serious threat to public policy or internal security in the Member State concerned persists beyond the period provided for in paragraph 1 of this Article, that Member State may prolong border control at its internal borders, taking account of the criteria referred to in Article
Amendment 126 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 3 3. If the serious threat to public policy or internal security in the Member State concerned persists beyond the period provided for in paragraph 1 of this Article, that Member State may prolong border control at its internal borders, taking account of the criteria referred to in Article 26 and in accordance with Article 27, on the same grounds as those referred to in paragraph 1 of this Article and, taking into account any new elements, for renewable periods corresponding to the foreseeable duration of the serious threat and not exceeding
Amendment 127 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 3 3. If the serious threat to public policy or internal security in the Member State concerned persists beyond the period provided for in paragraph 1 of this Article, that Member State may prolong border control at its internal borders, taking account of the criteria referred to in Article 26 and in accordance with Article 27, on the same grounds as those referred to in paragraph 1 of this Article and, taking into account any new elements, for renewable periods corresponding to the foreseeable duration of the serious threat and not exceeding
Amendment 128 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 3 3. If the serious threat to public policy or internal security in the Member State concerned persists beyond the period provided for in paragraph 1 of this Article, that Member State may
Amendment 129 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 4 Amendment 130 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 4 – subparagraph 1 The total period during which border control is reintroduced at internal borders, including any prolongation provided for under paragraph 3 of this Article, shall not exceed
Amendment 131 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 4 – subparagraph 1 The total period during which border control is reintroduced at internal borders, including any prolongation provided for under paragraph 3 of this Article, shall not exceed
Amendment 132 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 4 – subparagraph 1 The total period during which border control is reintroduced at internal borders, including any prolongation provided for under paragraph 3 of this Article, shall not exceed
Amendment 133 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 The total period during which border control is reintroduced at internal borders, including any prolongation provided for under paragraph 3 of this Article, shall not exceed
Amendment 134 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 4 – subparagraph 2 Amendment 135 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 4 – subparagraph 2 In the exceptional cases referred to in Article 27a, the total period may be further extended by a maximum length of
Amendment 136 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 4 – subparagraph 2 In the exceptional cases referred to in Article 27a, the total period may be further extended by a maximum length of
Amendment 137 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 4 – subparagraph 2 In the exceptional cases referred to in Article 27a, the total period may be further extended by a maximum length of t
Amendment 138 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 4 – subparagraph 2 In the exceptional cases referred to in Article 27a, the total period may be further extended by a maximum length of t
Amendment 139 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 4 – subparagraph 3 Amendment 140 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Amendment 141 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 4 – subparagraph 3 Where there are exceptional circumstances as referred to in Article 29, the total period may be extended by a maximum length of
Amendment 142 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Where there are exceptional circumstances as referred to in Article 29, the total period may be extended by a maximum length of t
Amendment 143 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 4 a (new) 4a. Member States shall moreover launch proactively risk-assessments if certain facts give reason to believe that a particular border region is disproportionately affected by serious cross-border crime. If the risk assessments confirm such an assumption and after notifying the Commission, Member States may introduce temporary localised border controls tailored at the particular identified risks. This shall be accompanied with intensified cross-border cooperation, coordination and mandatory information exchange between law enforcement, border protection agencies and public prosecutors of the involved Member States. Furthermore, such routes shall be equipped and strengthened with the necessary technical tools. Such temporary measures shall be designed as little intrusive as possible for regular border traffic and economic activity. The maximum periods as provided under paragraph 1 to 4 of this Article shall apply.
Amendment 144 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 4 a (new) 4a. Any reintroduction or prolongation of border controls at internal borders made before ... [the date of entry into force of this Regulation] shall be taken into account for the purpose of calculation of the periods referred to in Articles 27, 27(a) and 28, and the provisions on risk assessment laid down in Articles 27 and 27(a) shall apply.
Amendment 145 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 4 a (new) 4a. The maximum periods of internal border controls referred to in this Article, Article 27a, Article 28 and Article 29 may cumulate.
Amendment 146 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399 Article 25 – paragraph 4 b (new) 4b. While internal border controls are in place, third-country nationals who do not satisfy the entry conditions laid down in Article 6 of this Regulation and who do not request asylum at the border of the Member State, irrespective of their intention to do so in another Member State, shall be refused entry into the territory of the Member State.
Amendment 147 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 a (new) Regulation (EU) 2016/399 Article 26 (1a) Article 26 is replaced by the following: ‘Article 26. Criteria for the temporary reintroduction of border control at internal borders
Amendment 148 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point -i (new) Regulation (EU) 2016/399 Article 27 – title (-i) The title is replaced by the following: "Procedure for the temporary reintroduction of border control at internal borders
Amendment 149 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point -i (new) Regulation (EU) 2016/399 Article 27 – paragraph -1 (new) (-i) A new paragraph -1 is inserted as follows: " -1. Where, in the area without internal border controls, a Member State observes that a serious threat to public policy or internal security exists in a Member State, and intends to reintroduce internal border controls, the Member State may reintroduce the border controls along all or along specific parts of its internal borders for a period limited to a maximum of 30 days - or for the foreseeable duration of the serious threat, if that period exceeds 30 days, but at all events for a period not exceeding two months - in exceptional circumstances, as a last resort and in accordance with the criteria set out in Article 26.”
Amendment 150 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point -i a (new) Regulation (EU) 2016/399 Article 27 – paragraph 1 – introductory part Amendment 151 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point i Regulation (EU) 2016/399 Article 27 – paragraph 1 – point a a Amendment 152 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point i Regulation (EU) 2016/399 Article 27 – paragraph 1 – point a a – subparagraph 1 a risk assessment assessing how long the identified threat is expected to persist and which sections of the internal borders are affected,
Amendment 153 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point i Regulation (EU) 2016/399 Article 27 – paragraph 1 – point a a – subparagraph 1 a risk assessment assessing how long the identified threat is expected to persist and which sections of the internal borders are affected,
Amendment 154 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point i Regulation (EU) 2016/399 Article 27 – paragraph 1 – point a a – subparagraph 1 a risk assessment assessing how long the identified threat is expected to persist and which sections of the internal borders are affected, demonstrating that the prolongation of border control is a last resort measure and explaining how
Amendment 155 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point i Regulation (EU) 2016/399 Article 27 – paragraph 1 – point a a – subparagraph 1 a justification including, among other elements, a risk assessment assessing how long the identified threat is expected to persist and which sections of the internal borders are
Amendment 156 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point i Regulation (EU) 2016/399 Article 27 – paragraph 1 – point a a – subparagraph 2 The risk assessment
Amendment 157 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point i Regulation (EU) 2016/399 The risk assessment shall also contain a detailed report of the coordination which took place between the Member State concerned and the Member State or Member States with which it shares internal borders at which border control has been performed. The assessment shall also cover the implementation of any recommendations previously made by the Commission for carrying out border controls in accordance with the Schengen acquis.
Amendment 158 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point i Regulation (EU) 2016/399 Article 27 – paragraph 1 – point a a – subparagraph 3 Amendment 159 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point i a (new) Regulation (EU) 2016/399 Article 27 – paragraph 1 – point a b (new) (ia) In paragraph 1, the following point is inserted: ‘(ab) any measures other than the proposed reintroduction taken or envisaged by the Member State to address the threat detected and the reasons why alternative measures, such as enhanced cross-border police cooperation or police controls, were deemed insufficient;’
Amendment 160 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point i a (new) Regulation (EU) 2016/399 Article 27 – paragraph 1 – point a b (new) (ia) In paragraph 1, the following point is inserted: "(ab) any measures other than the proposed reintroduction of border controls at internal borders which have been applied or considered by the Member State concerned to address that threat to public policy or internal security as well as the evidence based reasons, why alternative measures such as enhanced cross –border police cooperation and police checks, including in border areas, have proven to be ineffective to address that threat;"
Amendment 161 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point i a (new) Regulation (EU) 2016/399 Article 27 – paragraph 1 – point a b (new) (ia) In paragraph 1, the following point is inserted: "(ab) any measures other than the proposed reintroduction of border controls at internal borders which the Members State concerned has taken or has considered taking to address that threat to public policy or internal security as well as the reasons, based on evidence, why alternative measures such as enhanced cross-border police cooperation and police checks, including in border areas, have proven to be ineffective to address that threat;"
Amendment 162 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point ii Regulation (EU) 2016/399 Article 27 – paragraph 1 – point e (e) where appropriate, the measures to be taken by the other Member States as agreed prior to the temporary reintroduction of border control at the relevant internal borders
Amendment 163 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point ii Regulation (EU) 2016/399 Article 27 – paragraph 1 – point e (e) where appropriate, the measures to be taken by the other Member States as agreed prior to the temporary reintroduction of border control at internal borders concerned as agreed prior to the temporary reintroduction of border control at internal borders concerned.
Amendment 164 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point iii Regulation (EU) 2016/399 Article 27 – paragraph 1 – last sentence Where necessary, the Commission may request additional information from the Member State(s) concerned, including on the cooperation with the Member States affected by the planned prolongation of border control at internal borders
Amendment 165 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point iii Regulation (EU) 2016/399 Article 27 – paragraph 1 – last sentence Amendment 166 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point iii a (new) Regulation (EU) 2016/399 Article 27 – paragraph 1 a (new) (iiia) The following paragraph 1a is inserted: “1a. If the serious threat to public policy or internal security in the Member State concerned persists beyond two months, that Member State may prolong border controls at its internal borders, taking into account the criteria laid down in Article 26, on the same grounds as those referred to in paragraph 1 of this Article or in the light of any further new information which demonstrates the persistence of the serious threat, for a period which shall correspond to the foreseeable duration of the serious threat and shall not exceed four months. Such a prolongation shall be permitted on condition that alternative measures, such as cross-border police cooperation and police checks, have proven, on the basis of concrete data and evidence, to be ineffective. To that end, in addition to the information referred to in paragraph 1 of this Article, the Member State concerned shall provide the Commission and the Member States with a risk assessment, which must without fail contain the following elements: (i) an assessment of how long the threat that has been identified is likely to persist and what sections of the internal borders will be affected; (ii) alternative measures or measures taken previously to address the threat identified; (iii) an explanation of why these alternative measures have not sufficiently mitigated the threat; (iv) a demonstration that the prolongation of border controls is a last resort, and (v) an explanation of how the border controls could help to address the threat identified more effectively. This risk assessment must also include a detailed report on the cooperation that has taken place between the Member State concerned and the Member State(s) directly concerned by the reintroduction of border controls, including the Member States with which it shares the internal borders at which the border controls have been carried out. The Commission shall communicate the assessment to the European Border and Coast Guard Agency or Europol and may, if appropriate, request their opinion on the risk assessment. The Commission shall establish, in cooperation with the Member States, a uniform model for the notification and the risk assessment by means of an implementing act to be adopted in accordance with the examination procedure referred to in Article 38(2) of this Regulation.”
Amendment 167 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point iii a (new) Regulation (EU) 2016/399 Article 27 – paragraph 1 a (new) (iiia) the following paragraph is added: ‘(1a) The Member State may, at the request of the Commission or one third of the Member States, provide a risk assessment. To that end, the Member State shall supply the following information: (a) an estimate of the likely duration of the persistent threat identified, (b) which sections of the internal borders are affected, (c) proof that the prolongation of border controls is a last resort, (d) a detailed explanation of how border controls would better help address the identified threat. ’
Amendment 168 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point iii b (new) Regulation (EU) 2016/399 Article 27 – paragraph 1 b (new) Amendment 169 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point iii a (new) Regulation (EU) 2016/399 Article 27 – paragraph 2 (iiia) Article 27(2) is replaced by the following: "2. The information referred to in paragraphs 1 and 1a shall be submitted to the European Parliament and to the Council at the same time as it is notified to the other Member States and to the Commission pursuant to th
Amendment 170 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point iii b (new) Regulation (EU) 2016/399 Article 27 – paragraph 3 Amendment 171 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point iii a (new) Regulation (EU) 2016/399 Article 27 – paragraph 3 (iiia) Article 27 paragraph 3 is replaced by the following: "3. Member States
Amendment 172 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point iii a (new) Regulation (EU) 2016/399 Article 27 – paragraph 3 Amendment 173 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point iv Regulation (EU) 2016/399 Article 27 – paragraph 4 – subparagraph 1 Following notification by a Member State under paragraphs 1 and 1a and with a view to consultation provided for in paragraph 5, the Commission or any other Member State may, without prejudice to Article 72
Amendment 174 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point iv Regulation (EU) 2016/399 Article 27 – paragraph 4 – subparagraph 1 Following notification by a Member State under paragraph 1 and with a view to consultation provided for in paragraph 5, the Commission or any other Member State may, after one year of internal border control and without prejudice to Article 72 TFEU, issue an opinion.
Amendment 175 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point iv Regulation (EU) 2016/399 Article 27 – paragraph 4 – subparagraph 1 a (new) Amendment 176 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point iv Regulation (EU) 2016/399 Article 27 – paragraph 4 – subparagraph 2 Amendment 177 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point iv Regulation (EU) 2016/399 Article 27 – paragraph 4 – subparagraph 2 Amendment 178 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point iv Regulation (EU) 2016/399 Article 27 – paragraph 4 – subparagraph 2 Where the Commission has, on the basis of the information contained in the notification, the risk assessment or any additional information it has received, concerns as regards the necessity or proportionality of the planned reintroduction of border control at internal borders or where it considers that a consultation on some aspects of the notification would be appropriate, it shall issue an opinion to that effect.
Amendment 179 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point iv Amendment 180 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point iv Regulation (EU) 2016/399 Article 27 – paragraph 4 – subparagraph 3 Amendment 181 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point iv Regulation (EU) 2016/399 Article 27 – paragraph 4 – subparagraph 3 Amendment 182 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point v Regulation (EU) 2016/399 Article 27 – paragraph 5 The information referred to in paragraph 1 and any Commission or Member State opinion referred to in paragraph 4 shall be the subject of a consultation led by the Commission.
Amendment 183 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point v Regulation (EU) 2016/399 Article 27 – paragraph 5 ‘The information referred to in paragraphs 1 and 1a and any Commission or Member State opinion referred to in paragraph 4 shall be the subject of a consultation
Amendment 184 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point v Regulation (EU) 2016/399 Article 27 – paragraph 5 The information referred to in paragraph 1 and any Commission or Member State opinion referred to in paragraph 4 shall be the subject of a consultation led by the Commission. Where appropriate, the consultation shall include joint meetings between the Member State planning to reintroduce border control at internal borders, the other Member States, especially those having presented tangible proof of being directly affected by such measures and the relevant Agencies. The proportionality of the intended measures, the identified threat to public policy or internal security as well as the ways of ensuring implementation of the mutual cooperation
Amendment 185 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point v Regulation (EU) 2016/399 Article 27 – paragraph 5 – subparagraph 2 a (new) Ways to minimise the disadvantages to other Member States, including by making use of modern technologies for surveillance and detection facilitating the performance of border control shall also be subject to consultation.
Amendment 186 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 27 a – title Specific procedure where the serious threat to public policy or internal security
Amendment 187 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 27 a – title Specific procedure where the serious threat to public policy or internal security exceeds
Amendment 188 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 27 a – paragraph 1 1. In exceptional cases, where the Member State is confronted with the same serious threat to public policy or internal security beyond the period referred to in Article 25(4) first sentence, and where commensurate
Amendment 189 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 27 a – paragraph 1 1. In exceptional cases, where the Member State is confronted with the same serious threat to public policy or internal security beyond the period referred to in Article 2
Amendment 190 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 27 a – paragraph 1 1. In exceptional cases, where the Member State is confronted with the same serious threat to public policy or internal
Amendment 191 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 27 a – paragraph 2 2. At the latest
Amendment 192 #
2. At the latest six weeks before the expiry of the period referred to in Article 2
Amendment 193 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 27 a – paragraph 2 2. At the latest six weeks before the expiry of the period referred to in Article 25(4) first sentence, the Member State shall notify the other Member States and the Commission that it seeks a further prolongation in accordance with the specific procedure laid down in this Article. The notification shall contain the information required in Article 27(1)(a) to (e). The risk assessment shall in particular focus on consultations and cooperation with other Member States, including, where appropriate, proposals for reintroduction of internal border controls in other Member States. Article 27 paragraphs 2 and 3 shall apply.
Amendment 194 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 27 a – paragraph 3 3. The Commission shall issue an opinion specifying whether the extension complies with the conditions of this Regulation, in particular as regards the necessity and proportionality of the measure and its effect on the principle of free movement, in particular in the neighbouring countries concerned. The Member States affected may also deliver an opinion.
Amendment 195 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 27 a – paragraph 3 3. The Commission
Amendment 196 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 27 a – paragraph 3 3.
Amendment 197 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 27 a – paragraph 4 4. The Council, taking due account of the opinion of the Commission, may
Amendment 198 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 27 a – paragraph 4 4.
Amendment 199 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 27 a – paragraph 4 4. The Council, taking due account of the opinion of the Commission
Amendment 200 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 27 a – paragraph 4 4. The Council, taking due account of the opinion of the Commission, may recommend that the Member State decide to further prolong border control at internal borders for a period of up to
Amendment 201 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 27 a – paragraph 4 4. The Council, taking due account of the opinion of the Commission, may recommend that the Member State decide to further prolong border control at internal borders for a period of up to six months. That period may be prolonged, no more than
Amendment 202 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 27 a – paragraph 4 4. The Council, taking due account of the opinion of the Commission, may recommend that the Member State decide to further prolong border control at internal borders for a period of up to six months. That period may be prolonged, no more than
Amendment 203 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 27 a – paragraph 4 4. The Council, taking due account of the opinion of the Commission, may recommend that the Member State decide to further prolong border control at internal borders for a period of up to six months. That period may be prolonged, no more than three times, for a further period of up to six months. In its recommendation, the Council shall at least indicate the information referred to in Article 27(1) (a) to (e). Where appropriate, it shall
Amendment 204 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 27 a – paragraph 4 a (new) 4a. This article shall be without prejudice to measures that may be adopted by Member States under exceptional circumstances in which the general functioning of the area without internal border controls is at risk as referred to in Article 29.
Amendment 205 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 a (new) Regulation (EU) 2016/399 Article 28 – paragraph 4 Amendment 206 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 a (new) Regulation (EU) 2016/399 Article 28 a (new) (3a) the following Article is inserted: "Article 28a Any reintroduction or prolongation of border controls at internal borders made before ... [the date of entry into force of this Regulation] shall be taken into account for the purpose of calculation of the periods referred to in Articles 25(5), 27 1b, 27a(5) and 28(4) while on the same time the provisions of Articles 27 and 27a shall apply."
Amendment 207 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 a (new) Regulation (EU) 2016/399 Article 28 a (new) (3a) the following Article is inserted: "Article 28a Any reintroduction or prolongation of border controls at internal borders made before ... [the entry into force of this Regulation] shall be taken into account for the purpose of calculation of the periods referred to in Articles 27,27a and 28 while on the same time the provisions of Articles 27 and 27a shall apply."
Amendment 208 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 a (new) Regulation (EU) 2016/399 Article 29 – paragraph 1 (3a) In Article 29, paragraph 1 is replaced by the following: "1. In exceptional circumstances where the overall functioning of the area without internal border control is put at risk as a result of persistent serious deficiencies relating to external border control as referred to in Article 21, and insofar as those circumstances constitute a serious threat to public policy or internal security within the area without internal border control or within parts thereof, border control at internal borders may be reintroduced in accordance with paragraph 2 of this Article for a period of up to six months. That period may be prolonged, no more than
Amendment 43 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular point (e) of Article 7
Amendment 44 #
Proposal for a regulation Recital -1 (new) (-1) The creation of an area in which the free movement of persons is ensured is one of the European Union’s main achievements. However, the persistent cross-border terrorist threat, the massive influx of migrants and the failure to establish the common European asylum system have laid bare the Schengen area’s operational limitations. In this context, the rules governing the temporary reintroduction of border control at internal borders and the prolongation thereof need to be clarified and the arrangements duly adapted, while stressing the need for cooperation between Member States.
Amendment 45 #
Proposal for a regulation Recital -1 (new) (-1) The creation of an area in which the free movement of persons across internal borders is ensured is one of the EU’s main achievements. It is based on trust and solidarity between the Member States which have agreed to take part in the joint construction of this area and internal controls, with all the hazards they represent, and internal controls may only be reintroduced as a last resort and in truly exceptional and duly justified circumstances, subject to consultation between the states concerned and under the strict supervision of the Commission.
Amendment 46 #
Proposal for a regulation Recital -1 (new) (-1) The area without internal borders permitting the free movement of persons is one of the main achievements of the EU, and its normal consolidation and operation must be an indispensable objective for the Institutions and the Member States.
Amendment 47 #
Proposal for a regulation Recital 1 (1) In an area where persons may move freely, the reintroduction of border control at internal borders should remain an exception. The reintroduction of internal border control should be decided only as a measure of last resort, for a limited period of time and to the extent that controls are necessary and proportionate to the identified serious threats to public
Amendment 48 #
Proposal for a regulation Recital 1 (1) In an area where persons may move freely, the reintroduction of border control at internal borders should remain an exception. The reintroduction of internal border control should be decided only
Amendment 49 #
Proposal for a regulation Recital 1 (1) In an area where persons may move freely, the reintroduction of border control at internal borders should
Amendment 50 #
Proposal for a regulation Recital 1 (1) In an area where persons may move
Amendment 51 #
Proposal for a regulation Recital 1 (1) In an area where persons may move freely, the reintroduction of border control at internal borders should remain an exception. The reintroduction of internal border control should be decided only as a measure of last resort, for a limited period of time and to the extent that controls are necessary and proportionate to the identified serious threats to public policy or internal security. Serious threats should be well defined and the definition should be applied uniformly in all Member States.
Amendment 52 #
Proposal for a regulation Recital 1 a (new) (1a) The irregular crossing of external borders by a large number of third- country nationals and secondary movements may also constitute exceptional circumstances where the overall functioning of the area without internal borders control is put at risk and may, therefore, represent a threat to public order or internal security in this area or in sections thereof.
Amendment 53 #
Proposal for a regulation Recital 2 (2) The identified serious threats can be addressed by different measures, depending on their nature and scale. The Member States have at their disposal also police powers, as referred to in Article 23 of 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)8 , which, subject to some conditions, can be used in the border areas. The Commission Recommendation on proportionate police checks and police cooperation in the Schengen area9 provides guidelines to the Member States to that end. The exercise of police powers may be used to supplement internal border controls. However, pursuant to Article 23 of the Schengen Borders Code, this cannot substitute border controls, as their nature and purpose are different. _________________ 8 OJ L 77, 23.3.2016, p. 1. 9 C(2017) 3349 final, 12.5.2017.
Amendment 54 #
Proposal for a regulation Recital 2 (2) The identified serious threats can be addressed by different measures, depending on their nature and scale. The Member States have at their disposal also police powers, as referred to in Article 23 of 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)8 , which, subject to some conditions, can be used in the border areas. The Commission Recommendation on proportionate police checks and police cooperation in the Schengen area9 provides guidelines to the Member States to that end. However, the conditions such as requirement for non- discrimination severely limiting the efficiency of such measures, the internal border controls should be used when deemed less burdensome or more effective a means to addressing the threat. _________________ 8 OJ L 77, 23.3.2016, p.1. 9 C(2017) 3349 final of 12.05.2017.
Amendment 55 #
Proposal for a regulation Recital 2 (2) The identified serious threats can be addressed by different measures, depending on their nature and scale. The Member States have at their disposal also police powers, as referred to in Article 23 of 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)8 , which, subject to some conditions, can be used in the border areas. The Commission Recommendation on proportionate police checks and police cooperation in the Schengen area9 provides guidelines to the Member States to that end.
Amendment 56 #
Proposal for a regulation Recital 2 (2) The identified serious threats can be addressed by different measures, depending on their nature and scale. The Member States have at their disposal also police powers, as referred to in Article 23 of 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)8 , which, subject to some conditions, can be used in the border areas. The Commission Recommendation on proportionate police checks and police cooperation in the Schengen area9 provides guidelines to the Member States to that end. All these measures should also be considered in the light of all the arrangements concerning the Union’s external borders which are being reviewed or adopted. Any failure to do so would be tantamount to acknowledging that the EU has no long- term vision of its border control policy. _________________ 8 OJ L 77, 23.3.2016, p. 1. 9 C(2017) 3349 final, 12.5.2017.
Amendment 57 #
Proposal for a regulation Recital 2 a (new) (2a) Alternative measures to mitigate threats that have been identified should take precedence over the reintroduction of temporary internal border controls. These measures may be targeted and intensified police checks, greater use of existing technologies and increased cross-border cooperation both from an operational point of view and from that of the exchange of information between police and intelligence services.
Amendment 58 #
Proposal for a regulation Recital 2 a (new) (2a) Where in a situation of a serious threat to public policy or internal security, Member States should give precedence to police checks in case of a serious threat to internal security or public policy. Member States have to provide for a specific framework to ensure that those police checks do not amount to measures equivalent to border controls. Modern technologies are instrumental in addressing threats to public policy or internal security. Member States should first assess whether the situation can be adequately addressed by way of stepping up police checks within the territory, including in border areas. It is only in cases of police powers under national legislation which are specifically limited to border areas and imply identity checks even without concrete suspicion, that Member States have to provide for a specific framework to ensure that those police checks do not amount to measures equivalent to border controls.
Amendment 59 #
Proposal for a regulation Recital 4 (4) However,
Amendment 60 #
Proposal for a regulation Recital 4 (4) However,
Amendment 61 #
Proposal for a regulation Recital 4 (4) However, experience has shown that certain serious threats to public policy or internal security,
Amendment 62 #
Proposal for a regulation Recital 4 (4) However, experience has shown that certain serious threats to public policy or internal security, such as cross-border terrorist threats or specific cases of secondary movements of irregular migrants within the Union that justified the reintroduction of border controls, may persist well beyond the above periods. It is therefore needed and justified to
Amendment 63 #
Proposal for a regulation Recital 4 (4) However, experience has shown that certain serious threats to public policy or internal security, such as cross-border terrorist threats or specific cases of secondary movements of irregular migrants within the Union that justified the reintroduction of border controls, may persist well beyond the above periods. It is therefore needed and justified to adjust the time limits applicable to the temporary reintroduction of border control to the current needs, while ensuring that this measure is not abused and remains an exception
Amendment 64 #
Proposal for a regulation Recital 4 (4) However, experience has shown that certain serious threats to public policy or internal security, such as cross-border terrorist threats or specific cases of secondary movements of irregular migrants within the Union that justified the reintroduction of border controls, may persist well beyond the above periods. It is therefore needed and justified to adjust the time limits applicable to the temporary reintroduction of border control to the current needs, while ensuring that this measure is not abused and remains an exception, to be used only as a last resort. To that end, the general deadline applicable under Article 25 of the Schengen Borders Code should be extended to
Amendment 65 #
Proposal for a regulation Recital 4 (4) However, experience has shown that certain serious threats to public policy or internal security, such as cross-border terrorist threats or specific cases of secondary movements of irregular migrants within the Union that justified the reintroduction of border controls, may persist well beyond the above periods. It is therefore needed and justified to adjust the time limits applicable to the temporary reintroduction of border control to the current needs, while ensuring that this measure is not abused and remains an exception, to be used only as a last resort. To that end, the general deadline applicable under Article 25 of the Schengen Borders Code should be extended to
Amendment 66 #
Proposal for a regulation Recital 4 a (new) (4a) To maintain the control over large number of persons arriving to the Member States´ intra-Schengen borders, migration flows and the related enduring risk of terrorism and other serious crime should be acknowledged as legitimate reasons for reintroducing internal border controls.
Amendment 67 #
Proposal for a regulation Recital 4 a (new) (4a) Migration 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 order or internal security.
Amendment 68 #
Proposal for a regulation Recital 4 b (new) (4b) In accordance with the case law of the Court of Justice of the European Union, any derogation from the fundamental principle of free movement of persons must be interpreted in a restrictive manner and the concept of public order presupposes the existence of a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.
Amendment 69 #
Proposal for a regulation Recital 4 b (new) (4b) Reintroduction of internal border controls should be deemed necessary and proportionate when the influx of persons into or irregular movements within the Union puts a strain on a Member State´s capacity to manage the numbers of arrivals.
Amendment 70 #
Proposal for a regulation Recital 4 c (new) (4c) With the rise of the phenomenon of radicalisation and recruitment by terrorist organisations of Union citizens and of other persons having the right to move freely within the area without internal border controls, reinstating internal border controls should be deemed necessary and proportionate when used against risks related to the intra-Schengen movements of persons with terrorist associations.
Amendment 71 #
Proposal for a regulation Recital 5 (5) In order to guarantee that these internal border controls remain an exception, Member States should submit a risk assessment concerning the intended reintroduction of border control or prolongation thereof, as well as proof that the measures recommended by the Commission to restore the proper functioning of the Schengen area have been implemented. The risk assessment should, in particular, assess for how long the identified threat is expected to persist and which sections of the internal borders are affected, demonstrate that the prolongation of border controls is a last resort measure and explain how border control would help in addressing the identified threat. I
Amendment 72 #
Proposal for a regulation Recital 5 (5) In order to guarantee that this is a measure of last resort and these internal border controls remain an exception, Member States should submit a justification, including, among other elements, a risk assessment concerning
Amendment 73 #
Proposal for a regulation Recital 5 (5) In order to guarantee that these internal border controls remain an exception, Member States should submit a risk assessment concerning the intended reintroduction of border control or prolongation thereof. The risk assessment should, in particular, assess for how long
Amendment 74 #
Proposal for a regulation Recital 5 (5) In order to guarantee that these internal border controls remain an exception, Member States should submit a risk assessment concerning the intended reintroduction of border control or prolongation thereof. The risk assessment should, in particular, assess for how long the identified threat is expected to persist and which sections of the internal borders are affected, demonstrate that the prolongation of border controls is a last resort measure, indicate what alternative measures have been taken and for what period of time, demonstrate that these have proven ineffective, and explain how border
Amendment 75 #
Proposal for a regulation Recital 5 (5) In order to guarantee that these internal border controls remain an exception, Member States should have the option of submitting a risk assessment, if the Commission or one third of the Member States so requests concerning the intended reintroduction of border control or prolongation thereof. Such a risk assessment should be mandatory whenever an extension of more than six months is considered. The risk assessment should, in particular, assess for how long the identified threat is expected to persist and which sections of the internal borders are affected, demonstrate that the prolongation of border controls is a last resort measure and explain how border control would help in addressing the identified threat.
Amendment 76 #
Proposal for a regulation Recital 5 a (new) (5a) Whenever the reintroduction of internal border controls is proposed for specific planned events of an exceptional nature and duration (such as sporting activities), the duration of such controls should be very precise, circumscribed and linked to the actual duration of the event.
Amendment 77 #
Proposal for a regulation Recital 6 (6) The
Amendment 78 #
Proposal for a regulation Recital 6 (6) The quality of the risk assessment submitted by the Member State will be very important for the assessment of the necessity and proportionality of the intended reintroduction or prolongation of border control. The European Border and Coast Guard Agency and Europol should be involved in that assessment, as should EASO, EU-LISA and the European Union Agency for Fundamental Rights.
Amendment 79 #
Proposal for a regulation Recital 6 (6) The quality of the risk assessment submitted by the Member State will be very important for the assessment of the necessity and proportionality of the intended reintroduction or prolongation of border control. The European Border and Coast Guard Agency and Europol should be
Amendment 80 #
Proposal for a regulation Recital 7 (7) The
Amendment 81 #
Proposal for a regulation Recital 7 (7) The power of the Commission to issue an opinion under Article 27(4) of the Schengen Borders Code should be modified to reflect the new obligations on the Member States related to the risk assessment, including the cooperation with Member States concerned.
Amendment 82 #
Proposal for a regulation Recital 7 (7) The power of the Commission to issue an opinion under Article 27(4) of the Schengen Borders Code should be modified to reflect the new obligations on the Member States related to the risk assessment, including the cooperation with Member States concerned. When border control at internal borders is carried out for more than six months, the Commission should be obliged to issue an opinion. Also the consultation procedure as provided for in Article 27(5) of the Schengen Borders Code should be modified in order to reflect the role of the Agencies (European Border
Amendment 83 #
Proposal for a regulation Recital 7 (7) The power of the Commission to issue an opinion under Article 27(4) of the Schengen Borders Code should be modified to reflect the new obligations on the Member States related to the risk assessment, including the cooperation with Member States concerned. When border control at internal borders is carried out for more than six months, the Commission should be obliged to issue an opinion on the basis of tangible evidence proving that the reintroduction of border controls is the most appropriate solution. Also the consultation procedure as provided for in Article 27(5) of the Schengen Borders Code should be modified in order to reflect the role of the Agencies (European Border and Coast Guard Agency and Europol) and focus on the practical implementation of different aspects of cooperation between the Member States, including the coordination, where appropriate, of different measures on both sides of the border.
Amendment 84 #
Proposal for a regulation Recital 7 a (new) (7a) The Commission should verify whether the budget increases for the European Border and Coast Guard and Europol lead to a reduction in border controls.
Amendment 85 #
Proposal for a regulation Recital 8 (8) In order to make the revised rules better adapted to the challenges related to persistent serious threats to public policy or internal security, a
Amendment 86 #
Proposal for a regulation Recital 8 (8) In order to make the revised rules better adapted to the challenges
Amendment 87 #
Proposal for a regulation Recital 8 (8) In order to make the revised rules better adapted to the challenges related to persistent serious threats to public policy or internal security, a specific possibility should be provided to prolong internal border controls beyond one year. Such prolongation should accompany commensurate exceptional national measures a
Amendment 88 #
Proposal for a regulation Recital 8 (8) In order to make the revised rules better adapted to the challenges related to persistent serious threats to public policy or internal security, a specific possibility should be provided to prolong internal border controls beyond
Amendment 89 #
(8) In order to make the revised rules better adapted to the challenges related to persistent serious threats to public policy or internal security, a specific possibility should be provided to prolong internal border controls beyond
Amendment 90 #
Proposal for a regulation Recital 8 (8) In order to make the revised rules better adapted to the challenges related to persistent serious threats to public policy or internal security, a specific possibility should be provided to prolong internal border controls beyond
Amendment 91 #
Proposal for a regulation Recital 8 a (new) (8a) The necessity and proportionality of reintroducing internal border controls should be balanced against the threat to public order or internal security triggering the need for such reintroduction, as should alternative measures which could be taken at national or Union level, or both, and the impact of such controls on the free movement of persons within the area without internal border control.
Amendment 92 #
Proposal for a regulation Recital 9 Amendment 93 #
Proposal for a regulation Recital 9 (9) The reference to Article 29 in Article 25(4) should be modified with a view of clarifying the relation between the time periods applicable under Article 29 and Article 25 of the Schengen Borders Code. Member States may not combine the measures taken in order to deal with the circumstances covered by Article 29 with measures taken pursuant to Articles 25 and 28.
Amendment 94 #
Proposal for a regulation Recital 9 (9) The reference to Article 29 in Article 25(4) should be modified with a view of clarifying the relation between the time periods applicable under Article 29, Article 27(a) and Article 25 of the Schengen Borders Code.
Amendment 95 #
Proposal for a regulation Recital 9 a (new) (9a) Third-country nationals, who do not satisfy the entry conditions laid down in Article 6 of Regulation (EU) 2016/399 and who do not request asylum at the border of the Member State, irrespective of their intention to do so in another Member State, should be refused entry into the territory of the Member State.
Amendment 96 #
Proposal for a regulation Recital 10 (10) The possibility to carry out temporary internal border controls in response to a specific threat to public policy or internal security which persists beyond
Amendment 97 #
Proposal for a regulation Recital 10 (10) The possibility to carry out temporary internal border controls in response to a specific threat to public policy or internal security which persists beyond
Amendment 98 #
Proposal for a regulation Recital 10 (10) The possibility to carry out temporary internal border controls in response to a specific threat to public policy or internal security which persists beyond
Amendment 99 #
Proposal for a regulation Recital 10 (10) The possibility to carry out temporary internal border controls in response to a specific threat to public policy or internal security which persists beyond
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