Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | LIBE | GUILLAUME Sylvie ( S&D) | SKYTTEDAL Sara ( EPP), AZMANI Malik ( Renew), MARQUARDT Erik ( Verts/ALE), WEIMERS Charlie ( ECR), VISTISEN Anders ( ID), PELLETIER Anne-Sophie ( GUE/NGL) |
Lead committee dossier:
Legal Basis:
TFEU 077-p2, TFEU 079-p2
Legal Basis:
TFEU 077-p2, TFEU 079-p2Subjects
Events
The European Parliament adopted by 311 votes to 267, with 53 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/399 on a Union Code on the rules governing the movement of persons across borders.
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
Instrumentalisation of migrants
The amended text stated that Member States may, where a large number of migrants attempt to cross their external borders in an unauthorised manner, en masse and using force, take the necessary measures to preserve security, law and order. They may, in particular in a situation of instrumentalisation of migrants, temporarily close, or limit the opening hours of, specific border crossing points , where the circumstances so require.
Furthermore, humanitarian assistance should not be considered as instrumentalisation of migrants when there is no aim to destabilise the Union or a Member State.
Border surveillance
The main purpose of border surveillance should be to prevent or detect unauthorised border crossings, to contribute to raising situational awareness, to counter cross-border criminality and to take measures against persons who have crossed the border illegally. It should also involve the carrying out of risk analyses.
Temporary restrictions on travel to the Union
The Council, on the basis of a proposal by the Commission, may adopt an implementing Regulation providing for temporary restrictions on travel to the Member States to be applied at the external borders in the event of large-scale public health emergencies . Temporary restrictions on travel may include temporary restrictions on entry to the Member States and temporary health-related restrictions that are necessary for the protection of public health in the area without internal border control. Those temporary health related restrictions may include testing, quarantine and self-isolation. Temporary restrictions on travel to the Union should be proportionate and non-discriminatory and should not have a negative impact on the functioning of the area without internal border control.
Restrictions on entry to the Member States for persons undertaking essential travel should be imposed only exceptionally , for a strictly limited period of time, until sufficient information about the large-scale public health emergencies, is available and until the Council, on a proposal by the Commission, identifies and adopts alternative health-related restrictions that are necessary to protect public health and that are to be applied to those persons.
Procedure for transferring persons apprehended in internal border areas
Where the national law enforcement authorities of a Member State apprehend third-country nationals who do not have the right to stay in that Member State, in border areas, during checks involving the competent authorities in the framework of bilateral cooperation, which may include, in particular, joint police patrols, these authorities will have the possibility to transfer the third-country nationals to the Member State from which they entered the transferring Member State, provided that the third-country nationals do not have the right to stay in the transferring Member State.
The transfer procedure should not apply to asylum seekers or beneficiaries of international protection . When transferring a third-country national presumed to be a minor , the transferring Member State should inform the receiving Member State of this presumption and both Member States will have to ensure that all measures are taken in the best interests of the child and in accordance with their respective national law.
Third-country nationals apprehended in border areas and transferred as part of the procedure must have a right of appeal .
General framework for the temporary reintroduction or prolongation of border control at internal borders
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.
A serious threat to public policy or internal security may, in particular, be considered to arise from: (i) terrorist incidents or threats , and threats posed by serious organised crime; (ii) an exceptional situation characterised by sudden large-scale unauthorised movements of third-country nationals between the Member States, putting a substantial strain on the overall resources and capacities of well-prepared competent authorities and which is likely to put at risk the overall functioning of the area without internal border control.
In all cases, border control at internal borders should be reintroduced only as a measure of last resort . The scope and duration of the temporary reintroduction of border control should not exceed what is strictly necessary to respond to the serious threat identified. Border control may only be reintroduced or prolonged where a Member State has established that such a measure is necessary and proportionate.
Where a Member State considers that there is a major exceptional situation with regard to a persisting serious threat justifying the continued need for border control at internal borders in excess of the maximum period of six months, it should notify the European Parliament, the Council and the Commission and the other Member States of its intention to prolong internal border control for an additional period of up to 6 months.
That notification should include a risk assessment. Within 3 months after the notification, the Commission should issue a new opinion on the necessity and proportionality of the prolongation of border control at internal borders.
Where, in the event of a major exceptional situation, the continuing need to maintain border control at internal borders is confirmed but the additional period of six months is not sufficient to ensure the availability of other effective measures to deal with the continuing threat, a Member State may decide to extend border control at internal borders for a second and final additional period of no more than six months.
In exceptional circumstances and under certain conditions Member States should be able to prolong border control at internal borders for two further periods of six months.
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Sylvie GUILLAUME (S&D, FR) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/399 on a Union Code on the rules governing the movement of persons across borders.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Restrictions on travel to the European Union
The amended text called for a more coherent EU response in cases of large-scale public cross-border health emergencies , allowing temporary restrictions on entry into the Schengen area, but exempting EU citizens, long-term residents and asylum seekers.
Procedure for transferring persons apprehended at the internal borders
The procedure by which a Member State may transfer third country nationals with no right to stay to a Member State from where the person came directly should take place swiftly but be limited and subject to safeguards. Concerning irregular migrants apprehended at the internal borders as part of cross-border police operational cooperation to the Member States from where they come directly, Members stated that several categories should be excluded, including unaccompanied minors or members of their family arriving together , from such returns.
Moreover, the procedure should also not apply to third-country nationals who are holders of long-term residence permits or their family members, third-country nationals who enjoy the right to free movement in the Union, third-country nationals who are holders of valid long-stay visas and their family members in accordance with national law, third country nationals who are holders of a valid short stay visa or to third country nationals who are entitled to visa-free travel within the Schengen Area in so far as they have been on the territory for less than 90 days in any 180-day period.
Border surveillance
The main purpose of border surveillance should be to prevent unauthorised border crossings, to provide situational awareness, to counter cross-border criminality and to take measures against persons who have crossed the border irregularly. Surveillance between border crossing points should be carried out by border guards whose numbers and methods should be adapted to existing or foreseen risks and threats, including the possible risk to life of those seeking to cross the border.
General framework for the temporary reintroduction or prolongation of border control at internal borders
Members extended the scope of threats that may lead to the unilateral reintroduction of border controls at internal borders and circumstances under which internal border controls can be prolonged. For example, a serious threat to public policy or internal security may be considered to arise from, in particular:
- an identified and immediate threat of acts of terrorism or of serious organised crime;
- an exceptional situation in which there is an unexpected and sudden large-scale unauthorised movement of third-country nationals between Member States , putting at risk the overall functioning of the area without internal border control.
Procedure for the temporary reintroduction or prolongation of border control at internal borders
The amended text stipulates that border control at internal borders may be reintroduced for a period of up to three months. Where Member States reintroduce controls at internal borders because of foreseeable threats, they should be able to do so for a period of three months, renewable up to a maximum of 18 months.
Criteria for the temporary reintroduction and prolongation of border control at internal border
To establish whether the reintroduction or prolongation of border control at internal borders is necessary and proportionate, a Member State should first assess in particular:
- whether the reintroduction of border controls at internal borders is likely to adequately remedy the serious threat to public policy or internal security;
- whether measures other than the temporary reintroduction of border control at internal borders are likely to sufficiently remedy the serious threat to public policy or internal security;
- the use of alternative measures such as proportionate police checks;
- other forms of police cooperation provided for under Union law, including on matters such as joint patrols, joint operations, joint investigation teams, cross-border hot pursuits or cross-border surveillance.
Where a Member State decides to prolong the border control at internal borders beyond a period of six months, it should carry out a risk assessment.
PURPOSE: to strengthen the Schengen area’s resilience to serious threats and adapt the Schengen rules to the evolving challenges.
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: the area without internal border controls (the ‘Schengen area’) is an essential element of the area of freedom, security and justice and a key element for the functioning of the single market. It is one of the greatest achievements of European integration.
The COVID-19 pandemic, the migratory crisis of 2015 as well as increased terrorist threats have put the Schengen area to the test in recent years . In response to these challenges, some Member States decided to reintroduce border checks at some or all of their internal borders, at times jeopardising the proper functioning of the Single Market.
A well-functioning Schengen area requires rules to be applied in a uniform way , both at the external and internal borders. It relies on trust among the Member States, efficient controls of the external borders and alternative measures on the territory of the Member States in order to assure a high level of security within the Schengen area, in the absence of internal border controls.
In view of the emerging challenges to the Schengen area, a number of targeted changes to the current rules set out in the Schengen Borders Code are required in relation to both external and internal borders as well as in relation to the powers exercised within the Member States’ territories, without putting into question the division of responsibilities between the Union and the Member States.
In view of the above, there is an urgent need to address problems affecting the external and internal borders of the Schengen area related to the following:
- measures at the external borders to address threats related to the major public health threats such as pandemics and instances of instrumentalisation of migrants;
- conditions for the reintroduction of border checks at internal borders and use of other measures to their full potential to ensure a sufficiently high level of security without needing to resort to internal border controls.
CONTENT: the proposal for the revision of the ‘Schengen Borders Code’ established by Regulation 2016/399 follows close consultations with Members of the European Parliament and Home Affairs Ministers meeting in the Schengen Forum. Its main elements are as follows:
(1) Uniform application of measures at the external borders in case of a threat to public health
The proposal aims to establish a new mechanism which should allow for a timely adoption, by the Council, of a binding instrument setting out temporary travel restrictions at the external borders in these circumstances.
Thanks to this mechanism, travel restrictions will apply uniformly in all Member States for as long as the threat to public health persists in the Union. The proposal determines in a comprehensive manner all necessary elements of an instrument to be adopted by the Council in an implementing act.
Accordingly, such an instrument should:
- specify any categories of persons exempted from travel restrictions, even in situations where they travel for non-essential reasons, and/or, on the basis of objective indicators, any geographical areas or third countries from which travel may be subject to specific measures, e.g. travel restrictions;
- define any additional conditions to be imposed on travellers to make travel safe. Residents should always be permitted to return to the Union;
- set up an emergency brake mechanism, allowing to take relevant measures in case the epidemiological situation dramatically worsens in one or more geographical areas.
(2) Rules concerning the reintroduction of controls at internal borders
The proposal offers solutions so that any reintroduction of internal border controls remains a measure of last resort . The current Schengen Borders Code gives Member States the possibility to temporarily reintroduce border control at internal borders where there is a serious threat to public policy or internal security. The reintroduction of border control at internal borders should remain exceptional and proportional . Border controls should be lifted once the reasons no longer apply.
For unforeseen threats , Member States could unilaterally introduce controls for 30 days, extendable up to 3 months. In case border control needs to be reintroduced for foreseeable events, they can do so for renewable periods of up to 6 months. The maximum duration of border control at internal borders should not exceed 2 years. However, in exceptional situations Member States may decide that border controls need to be maintained longer.
Whenever introducing controls, Member States should justify their proportionality and necessity . In case border controls have been in place for 6 months, any further notification for the prolongation of such controls needs to be accompanied by a risk assessment in addition. If border controls have been in place for 18 months, the Commission would be required to issue an opinion on necessity and proportionality of such internal border controls.
(3) Mitigating measures
The proposal also provides that safeguards should always be applied, to limit the negative impact of the temporary reintroduction of border checks at internal borders, should this reintroduction be inevitable, in particular to limit their impact on the functioning of cross-border regions, transport and, thus, on the Single Market.
(4) Increased use of alternative measures to address the identified threats instead of internal border controls
The proposal clarifies the possibility for Member States to make more extensive use of checks other than border controls in border areas. It offers more possibilities for the use of alternative measures such as police or other checks within the territory, particularly to address unauthorised movements within the Schengen area , including a possibility for Member States to transfer back those not entitled to enter their territory during joint police patrols.
(5) Possibility of a coordinated European response (Schengen safeguard mechanism)
The proposal aims to create a new mechanism allowing for a European response to problems affecting a majority of Member States simultaneously and thus putting the overall functioning of the Schengen area at risk. The Commission could offer the Council the possibility of adopting an implementing decision authorising the reintroduction by Member States of border controls when other measures are not sufficient to deal with a serious threat. Based on a proposal from the Commission, such authorisation could be prolonged for further periods of up to six months each, provided that the threat persists. Where the Commission considers that such controls are not appropriate to the threat, it could recommend the use of other measures.
(6) Response to the instrumentalisation of migrants at external borders
The proposal aims to address the instrumentalisation of migrants, where a third country actor is using human beings to destabilise the Union or its Member States. It clarifies what measures are available at the border crossing points and in the context of border surveillance to prevent and react to illegal border crossings when Member States of first entry are confronted with such pressure from a third country.
In addition, a new proposal on exceptional asylum and return procedures introduces provisions allowing Member States to take the necessary measures to manage the arrival of persons instrumentalised by a third country in full respect of fundamental rights and humanitarian principles.
Documents
- Draft final act: 00040/2024/LEX
- Decision by Parliament, 1st reading: T9-0323/2024
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE759.664
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001064
- Text agreed during interinstitutional negotiations: PE759.664
- Results of vote in Parliament: Results of vote in Parliament
- Committee report tabled for plenary, 1st reading: A9-0280/2023
- Amendments tabled in committee: PE739.713
- Amendments tabled in committee: PE739.712
- Committee draft report: PE737.471
- Committee of the Regions: opinion: CDR5247/2022
- Economic and Social Committee: opinion, report: CES0264/2022
- Document attached to the procedure: SEC(2021)0440
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0462
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0463
- Legislative proposal published: COM(2021)0891
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2021)0462
- Document attached to the procedure: EUR-Lex SWD(2021)0463
- Document attached to the procedure: SEC(2021)0440
- Economic and Social Committee: opinion, report: CES0264/2022
- Committee of the Regions: opinion: CDR5247/2022
- Committee draft report: PE737.471
- Amendments tabled in committee: PE739.712
- Amendments tabled in committee: PE739.713
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001064
- Text agreed during interinstitutional negotiations: PE759.664
- Draft final act: 00040/2024/LEX
Activities
- Sylvie GUILLAUME
Plenary Speeches (2)
Votes
Schengen Borders Code – A9-0280/2023 – Sylvie Guillaume – Decision to enter into interinstitutional negotiations #
A9-0280/2023 – Sylvie Guillaume – Provisional agreement – Am 163 #
Amendments | Dossier |
458 |
2021/0428(COD)
2022/12/12
LIBE
458 amendments...
Amendment 100 #
Proposal for a regulation Recital 3 (3) In recent years,
Amendment 101 #
Proposal for a regulation Recital 3 (3) In recent years,
Amendment 102 #
Proposal for a regulation Recital 3 (3) In recent years, the Schengen area has been subject to unprecedented challenges,
Amendment 103 #
Proposal for a regulation Recital 3 (3) In recent years, the Schengen area has been subject to unprecedented challenges, which by their nature were not confined to the territory of any single Member State. Such challenges underscored the fact that the preservation of public order and security in the Schengen area is a shared responsibility requiring joined and coordinated action between Member States and at Union level. They also highlighted the need for meaningful reform in order to strengthen mutual trust and solidarity, gaps in the existing rules governing the functioning of the Schengen area both at external and internal borders, and the need to create a stronger and more robust framework allowing for a more effective response to challenges faced by the Schengen area.
Amendment 104 #
Proposal for a regulation Recital 3 a (new) (3 a) Since the establishment of the Schengen area cross border communities have developed and strengthened economic, cultural and social links. Cross border communities share and access health and education services.The reintroduction of border controls together with the closure of border crossing points, such as the one in Coll de Banyuls, between France and Spain has had a huge negative impact on cross border communities.
Amendment 105 #
Proposal for a regulation Recital 3 b (new) (3 b) The reintroduction of border controls and the closure of border crossing points causes underdevelopment in border regions. Border closures separate families, friends and neighbours and thwart economic, cultural and political freedoms. Freedom of movement should be preserved as the corner stone of the European Union.
Amendment 106 #
Proposal for a regulation Recital 4 (4) Border control at external borders is in the interest not only of the Member State at whose external borders it is carried out but of
Amendment 107 #
Proposal for a regulation Recital 4 (4) Border control at external borders in full compliance with fundamental rights is in the interest not only of the Member State at whose external borders it is carried out but of
Amendment 108 #
Proposal for a regulation Recital 4 (4) Border control at external borders is in the interest not only of the Member State at whose external borders it is carried out but of all Member States which have abolished internal border control and the Union as a whole. Member States are required to ensure high standards in management of their external borders, including through enhanced cooperation between border guards, police, customs and other relevant authorities. The Union provides active support through the provision of financing support by the Agencies, the European Border and Coast Guard in particular and management of the Schengen Evaluation Mechanism. The rules
Amendment 109 #
Proposal for a regulation Recital 4 (4) Border control at external borders is in the interest not only of the Member State at whose external borders it is carried out but of all Member States which have abolished internal border control and the Union as a whole. Member States are required to ensure high standards in management of their external borders, including through enhanced cooperation between border guards, police, customs and other relevant authorities. Member States should respect the entry conditions for third-country nationals enshrined in Article 6 and not introduce additional conditions on national level as this compromises the cohesion of the external border of the Union. Furthermore, all decisions taken regarding the refusal of entry should be done on an individual basis. The Union
Amendment 110 #
Proposal for a regulation Recital 5 (5) The COVID-19 pandemic
Amendment 111 #
Proposal for a regulation Recital 5 (5)
Amendment 112 #
Proposal for a regulation Recital 5 (5)
Amendment 113 #
Proposal for a regulation Recital 5 (5) The COVID-19 pandemic has reinforced the need for the Union to be better prepared to respond to crisis situations at the external borders related to situations of diseases with an epidemic potential that are a threat to public health. The COVID-19 pandemic has shown that threats to public health can require uniform rules concerning travel restrictions for travel into the European Union by third country nationals. The adoption of inconsistent and divergent measures at the external borders to address such threats negatively affects the functioning of the entire Schengen area, reduces predictability for third-country travellers and people-to- people contacts with third countries. To prepare the Schengen area for future challenges of a comparable scale related to threats to public health, it is necessary to establish a new mechanism which should allow for a timely adoption and lifting of coordinated measures at Union level. The new procedure at the external border should be applied in a situation of an infectious disease with epidemic potential as identified by the European Centre for Disease Prevention and Control
Amendment 114 #
Proposal for a regulation Recital 6 (6) The
Amendment 115 #
Proposal for a regulation Recital 6 (6) Th
Amendment 116 #
Proposal for a regulation Recital 6 (6) The mechanism should provide for the adoption by the Council, upon a proposal by the Commission, and after having consulted the European Parliament, of a regulation setting out restrictions on travel, including restrictions on entry and any other necessary measures for travel into the European Union, and the conditions for lifting them. In view of the politically sensitive nature of such measures which concern the right to enter the territory of Member States, implementing powers should be conferred on the Council to adopt such a regulation, acting on a proposal from the Commission, and after having consulted the European Parliament.
Amendment 117 #
Proposal for a regulation Recital 7 (7) Importantly, in line with the applicable obligations under Union and international law, Union citizens and third- country nationals who, under agreements between the Union and its Member States, on the one hand, and those third countries, on the other hand, enjoy rights of free movement equivalent to those of Union citizens, as well as their respective family members should always be permitted to enter the Union. Residents in the Union should also always be permitted to return to the Union as well as refugees, persons with subsidiary or temporary protection and persons requesting international protection. The act should contain all necessary elements to ensure that restrictions on travel are effective, targeted, non-discriminatory and proportionate to the evolving epidemiological situation. It should specify, where relevant, any categories of travellers whose travel should be exempted from restrictions on entry. In addition, or alternatively, the act should specify any geographical areas or third countries from which travel may be subject to specific measures, based on an objective methodology and criteria applicable thereto t
Amendment 118 #
Proposal for a regulation Recital 7 (7) Importantly, in line with the applicable obligations under Union and international law, Union citizens and third- country nationals who, under agreements between the Union and its Member States, on the one hand, and those third countries, on the other hand, enjoy rights of free movement equivalent to those of Union citizens, as well as their respective family members should always be permitted to enter the Union. Similarly, in accordance with Union and international law, those persons seeking asylum shall not be prohibited from entering the Union. Residents in the Union should also always be permitted to return to the Union. The act should contain all necessary elements to ensure that restrictions on travel are effective, targeted, non-discriminatory and proportionate to the evolving epidemiological situation. It should specify, where relevant, any categories of travellers whose travel should be exempted from restrictions on entry. In addition, or alternatively, the act should specify any geographical areas or third countries from which travel may be subject to specific measures, based on an objective methodology and criteria applicable thereto that should
Amendment 119 #
Proposal for a regulation Recital 8 Amendment 120 #
Proposal for a regulation Recital 8 Amendment 121 #
Proposal for a regulation Recital 8 (8) It is also necessary to reinforce the rules and safeguards in Union law in order to allow Member States to act swiftly to counter instances of instrumentalisation of migrants. Such instrumentalisation should be understood as referring to a situation where a third country instigates
Amendment 122 #
Proposal for a regulation Recital 8 (8) It is also necessary to reinforce the rules and safeguards in Union law in order to allow Member States to act swiftly to counter instances of instrumentalisation of migrants. Such instrumentalisation should be understood as referring to a situation where a third country, or a non state actor, instigates irregular migratory flows to the Union by actively encouraging or facilitating the arrival of third country nationals or stateless persons to the external borders
Amendment 123 #
Proposal for a regulation Recital 9 Amendment 124 #
Proposal for a regulation Recital 9 Amendment 125 #
Proposal for a regulation Recital 9 (9) Instrumentalisation of migrants can refer to situations where irregular travel of third country nationals has been actively encouraged or facilitated by a third country or non state actor onto its own territory to reach the external borders of the
Amendment 126 #
Proposal for a regulation Recital 9 (9) Instrumentalisation of migrants can refer to situations where irregular travel of third country nationals has been
Amendment 127 #
Proposal for a regulation Recital 9 (9) Instrumentalisation of migrants can refer to situations where irregular travel of third country nationals has been actively encouraged or facilitated by a third country onto its own territory to reach the external border of the Member States but can equally refer to the active encouragement or facilitation of irregular travel of third country nationals already present in that third country. Instrumentalisation of migrants may also entail the imposition of coercive measures, intended to prevent the third country nationals from leaving the border areas of the instrumentalising third country, in a direction other than through a Member State. Instrumentalisation of migrants may also apply to action taken by NGOs to facilitate the irregular travel of third country nationals towards the European Union;
Amendment 128 #
Proposal for a regulation Recital 10 Amendment 129 #
Proposal for a regulation Recital 10 Amendment 130 #
Proposal for a regulation Recital 10 (10) The Union should mobilise all tools from its toolbox of diplomatic, financial and operational measures to support the Member States confronted with instrumentalisation. Diplomatic efforts by the Union or the Member State concerned, should be given priority as the means of addressing the phenomenon of instrumentalisation, including the facilitation of asylum processing and reception for those granted international protection in third country partner state reception centres. This may be supplemented, where appropriate, by the imposition of restrictive measures by the Union.
Amendment 131 #
Proposal for a regulation Recital 10 (10) The Union should mobilise all tools from its toolbox of diplomatic, financial and operational measures to support the Member States confronted with instrumentalisation. Diplomatic efforts by the Union or the Member State concerned, should be given priority as the means of addressing the phenomenon of instrumentalisation. This may be supplemented, where appropriate, by the imposition of restrictive measures by the Union. This includes a ban on EU funding for NGOs instrumentalising migrants;
Amendment 132 #
Proposal for a regulation Recital 11 Amendment 133 #
Proposal for a regulation Recital 11 Amendment 134 #
Proposal for a regulation Recital 11 (11) At the same time, in addition to these measures, it is equally necessary to further reinforce the current rules in relation to external border controls and border surveillance. To further assist the Member State facing an instrumentalisation of migrants, Regulation (EU) XXX/XXX complements the rules on border control by providing for specific measures in the area of asylum and return
Amendment 135 #
Proposal for a regulation Recital 11 (11) At the same time, in addition to these measures, it is equally necessary to further reinforce the current rules in
Amendment 136 #
Proposal for a regulation Recital 12 Amendment 137 #
Proposal for a regulation Recital 12 Amendment 138 #
Proposal for a regulation Recital 12 (12) In particular, in a situation of instrumentalisation, it should
Amendment 139 #
Proposal for a regulation Recital 12 (12) In particular, in a situation of
Amendment 140 #
Proposal for a regulation Recital 13 (13)
Amendment 141 #
Proposal for a regulation Recital 13 (13) The European Border and Coast Guard Agency assists Member States with implementing the operational aspects of external border management, including information exchange, the provision of equipment, capacity building and training to national border guards, targeted information and risk analysis,
Amendment 142 #
Proposal for a regulation Recital 14 Amendment 143 #
Proposal for a regulation Recital 14 (14) By virtue of Article 41(1) of
Amendment 144 #
Proposal for a regulation Recital 15 Amendment 145 #
Proposal for a regulation Recital 15 (15)
Amendment 146 #
Proposal for a regulation Recital 15 (15) Moreover, in the event of instrumentalisation of migrants, the Member State concerned should reinforce border control, including, as appropriate, through additional measures preventing illegal crossings such as erecting physical border barriers and the deployment of additional resources and technical means to prevent unauthorised crossing of the border. Such technical means could include modern technologies including drones and motion sensors, as well as mobile units. The use of such technical means
Amendment 147 #
Proposal for a regulation Recital 15 (15) Moreover, in the event of instrumentalisation of migrants, the Member State concerned should reinforce border control, including, as appropriate, through additional measures preventing illegal crossings and the deployment of additional resources and technical means to prevent unauthorised crossing of the border. Such technical means could include physical infrastructure as well as modern technologies including drones
Amendment 148 #
Proposal for a regulation Recital 16 (16) Th
Amendment 149 #
Proposal for a regulation Recital 16 (16) The Co
Amendment 150 #
Proposal for a regulation Recital 16 (16) The Commission should be empowered to specify, in delegated acts adopted under this Regulation, appropriate standards for border surveillance, concerning in particular the
Amendment 151 #
Proposal for a regulation Recital 16 (16) The Co
Amendment 152 #
Proposal for a regulation Recital 17 (17)
Amendment 153 #
Proposal for a regulation Recital 17 (17) In an area without internal border
Amendment 154 #
Proposal for a regulation Recital 17 (17) In an area without internal border controls, persons should be able to move freely, and in security between Member States. In this regard,
Amendment 155 #
Proposal for a regulation Recital 17 (17) In an area without internal border controls, persons should be able to move freely, and in security between Member States. In this regard, it should be clarified that the prohibition of controls at internal borders does not affect the competence of Member States to carry out checks on their territory, including at their internal borders, for purposes other than border control. It should, in particular, be clarified that national
Amendment 156 #
Proposal for a regulation Recital 17 (17) In an area without internal border controls, persons should be able to move freely, and in security between Member States. In this regard, it should be clarified that the prohibition of controls at internal borders does not affect the competence of Member States to carry out checks on their territory, including at their internal border areas, for purposes other than border control. It should, in particular, be clarified that national competent authorities, including health or law enforcement
Amendment 157 #
Proposal for a regulation Recital 18 (18) While the prohibition of internal border controls also extends to checks having equivalent effects, checks by
Amendment 158 #
Proposal for a regulation Recital 18 (18)
Amendment 159 #
Proposal for a regulation Recital 18 (18) While
Amendment 160 #
Proposal for a regulation Recital 18 (18) While the prohibition of internal border controls also extends to checks having equivalent effects, checks by
Amendment 161 #
Proposal for a regulation Recital 18 (18) While the prohibition of internal border controls also extends to checks having equivalent effects, checks by competent authorities sh
Amendment 162 #
Proposal for a regulation Recital 18 (18) While the prohibition of internal border controls also extends to checks having equivalent effects, checks by competent authorities should not be considered equivalent to the exercise of border checks where they do not have border control as an objective, where they are based on general information and
Amendment 163 #
Proposal for a regulation Recital 19 (19) While i
Amendment 164 #
Proposal for a regulation Recital 19 (19)
Amendment 165 #
Proposal for a regulation Recital 19 (19)
Amendment 166 #
Proposal for a regulation Recital 19 (19)
Amendment 167 #
Proposal for a regulation Recital 19 (19) While irregular migratory flows should not, per se, be considered to be a threat to public policy or internal security, they may require additional measures to ensure the functioning of the Schengen area, specially when resulting in large scale unauthorised movements of irregular migrants.
Amendment 168 #
Proposal for a regulation Recital 20 Amendment 169 #
Proposal for a regulation Recital 20 (20)
Amendment 170 #
Proposal for a regulation Recital 20 (20) The combatting of illegal residence or stay and of cross-border crime linked to i
Amendment 171 #
Proposal for a regulation Recital 20 (20) The combatting of illegal residence or stay and of cross-border crime linked to irregular migration such as human trafficking, migrant smuggling and
Amendment 172 #
Proposal for a regulation Recital 20 (20) The combatting of illegal residence or stay and of cross-border crime linked to i
Amendment 173 #
Proposal for a regulation Recital 21 (21) The
Amendment 174 #
Proposal for a regulation Recital 21 (21) The use of modern technologies to monitor traffic flows, notably on motorways and other important roads determined by the Member States, can be instrumental in addressing threats to public policy or internal security.
Amendment 175 #
Proposal for a regulation Recital 21 (21) The use of modern technologies to monitor traffic flows, notably on motorways and other important roads determined by the Member States, can be instrumental in addressing threats to public policy or internal security. The
Amendment 176 #
Proposal for a regulation Recital 21 (21) The use of modern technologies to monitor traffic flows, notably on motorways and other important roads determined by the Member States, can be instrumental in addressing threats to public policy or internal security. The prohibition of internal border controls should not be understood as preventing the lawful exercise of police
Amendment 177 #
Proposal for a regulation Recital 22 Amendment 178 #
Proposal for a regulation Recital 23 Amendment 179 #
Proposal for a regulation Recital 23 (23) The
Amendment 180 #
Proposal for a regulation Recital 23 (23)
Amendment 181 #
Proposal for a regulation Recital 24 Amendment 182 #
Proposal for a regulation Recital 24 (24) It is necessary to ensure that checks carried out by Member States
Amendment 183 #
Proposal for a regulation Recital 24 a (new) (24 a) Before resorting to the reintroduction of border control at internal borders, Member States should give precedence to alternative measures. In particular, the Member State concerned should consider using more effectively or intensifying police checks within its territory, including in border areas, while ensuring that those police checks do not have border control as an objective. Modern technologies are also instrumental in addressing threats to public policy or internal security. Member States should assess whether the situation could be adequately addressed by way of increased cross-border cooperation, both from an operational point of view and from that of information exchange between police services and other competent authorities of the Member State.
Amendment 184 #
Proposal for a regulation Recital 25 Amendment 185 #
Proposal for a regulation Recital 25 Amendment 186 #
Proposal for a regulation Recital 25 (25) Measures need to be taken to address unauthorised movements of illegally staying third country nationals
Amendment 187 #
Proposal for a regulation Recital 25 (25) Measures need to be taken to address unauthorised movements of illegally staying third country nationals in an area without internal border controls. In order to strengthen the functioning of the Schengen area, and as an alternative to internal border controls, Member States should be able to take additional measures to counter irregular movements between Member States, and combat illegal stays. Where national law enforcement authorities of a Member State apprehend illegally staying third country nationals at the internal borders as part of cross-border police operational cooperation it should be possible for those authorities to refuse such persons the right to enter or remain in their territory and to transfer them to the Member State from which they entered. The Member State from where the person came directly should in turn be required to receive the apprehended third country nationals.
Amendment 188 #
Proposal for a regulation Recital 25 a (new) (25 a) Within the last ten years, the Union has adopted numerous instruments putting at risk the fundamental rights of third-country nationals and the principle of non-discrimination, including the establishment of an Entry/Exit System (EES), the establishment of a European Travel Information and Authorisation System (ETIAS), the establishment of a European Criminal Records database in respect of third country nationals, the reform of the Schengen Information System (SIS), the reform of the Visa Information System (VIS), two substantial overhauls of the mandate of the European Border and Coast Guard Agency, and the establishment of an interoperability framework to allow Union databases in the area of freedom, security and justice to communicate with one another. The measures foreseen by these instruments should be implemented in full respect of fundamental rights and the principle of non-discrimination enshrined in Article 21 of the Charter, to prevent racial profiling.
Amendment 189 #
Proposal for a regulation Recital 25 a (new) (25 a) In the absence of internal border controls, targeted joint patrols and other joint operations in intra-EU border areas are a valuable tool to counter migrant smuggling and trafficking in human beings, to prevent and detect illegal staying and cross-border crime linked to irregular migration, and to facilitate the effective practical implementation of bilateral readmission agreements. Such checks may prove more effective than internal border controls, notably as they are more flexible and can be adapted more easily to evolving risks. When opting for cross-border police cooperation, it is important that they are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders.
Amendment 190 #
Proposal for a regulation Recital 26 Amendment 191 #
Proposal for a regulation Recital 26 Amendment 192 #
Proposal for a regulation Recital 26 (26) The procedure by which a Member State may transfer apprehended illegally staying third country nationals to a Member State from where the person came directly should take place swiftly
Amendment 193 #
Proposal for a regulation Recital 26 (26) The procedure by which a Member State may transfer apprehended illegally staying third country nationals to a Member State from where the person came directly should take place swiftly
Amendment 194 #
Proposal for a regulation Recital 27 Amendment 195 #
Proposal for a regulation Recital 27 Amendment 196 #
Proposal for a regulation Recital 27 (27) The transfer procedure provided for under this Regulation should not affect the existing possibility for Member States to return irregular third country nationals in accordance with bilateral agreements or arrangements referred to in Article 6(3) of Directive 2008/115/EC (the “Return Directive”), where such persons are detected outside of the vicinity of internal borders. At the same time, it is important that Union legislation provides a European framework for such cooperation. In order to facilitate the application of such agreements, and to complement the objective of protecting the
Amendment 197 #
Proposal for a regulation Recital 27 (27) The transfer procedure provided for under this Regulation should not affect the existing possibility for Member States to return
Amendment 198 #
Proposal for a regulation Recital 27 (27) The transfer procedure provided for under this Regulation should not affect the existing possibility for Member States to return i
Amendment 199 #
Proposal for a regulation Recital 28 (28)
Amendment 200 #
Proposal for a regulation Recital 28 (28) In exceptional cases, addressing threats to the Schengen area may require the adoption, by the Member States, of measures at the internal borders.
Amendment 201 #
Proposal for a regulation Recital 28 (28) In exceptional cases, addressing threats to the Schengen area may
Amendment 202 #
Proposal for a regulation Recital 28 (28) In exceptional cases, addressing identified threats to the Schengen area may require the adoption, by the Member States, of measures at the internal borders. Member States remain competent to determine the need for the temporary reintroduction or prolongation of border controls. Under the existing rules, the reintroduction of controls at internal borders is provided for in circumstances where a serious threat to internal security or public policy manifests itself in a single Member State for a limited period of time. In particular, terrorism and organised crime, large scale public health emergencies or large scale or high profile international events such as sporting, trade or political events can amount to a serious threat to public policy or internal security. However, considering the impact that the reintroduction of border controls at internal borders might have on freedom of movement and other fundamental rights, it shall represent an exceptional measure of last resort to be duly assessed in advance. Any decision to reintroduce such control should be taken in accordance with commonly agreed criteria and should be duly notified to the Commission or be recommended by a Union institution.
Amendment 203 #
Proposal for a regulation Recital 29 Amendment 204 #
Proposal for a regulation Recital 29 Amendment 205 #
Proposal for a regulation Recital 29 (29) Furthermore, a serious threat to public policy or internal security can also result from large scale unauthorised movements of i
Amendment 206 #
Proposal for a regulation Recital 30 Amendment 207 #
Proposal for a regulation Recital 30 (30) While action at Union level is provided for in circumstances where the nature of a threat derives from persistent serious deficiencies at the external borders, there is no Union-wide mechanism t
Amendment 208 #
Proposal for a regulation Recital 30 (30) While action at Union level is
Amendment 209 #
Proposal for a regulation Recital 31 Amendment 210 #
Proposal for a regulation Recital 31 (31)
Amendment 211 #
Proposal for a regulation Recital 31 (31) The new Schengen area safeguard
Amendment 212 #
Proposal for a regulation Recital 31 (31) The new Schengen area safeguard mechanism should allow the Council to adopt, upon a proposal by the Commission, and after having consulted the European Parliament, a decision authorising the reintroduction or prolongation of internal border controls, where this is justified by a particular threat, identified on the basis of notifications received from individual Member States,
Amendment 213 #
Proposal for a regulation Recital 32 Amendment 214 #
Proposal for a regulation Recital 32 (32)
Amendment 215 #
Proposal for a regulation Recital 32 (32) In determining whether a reintroduction or prolongation of internal border controls by the Member States is justified, the Co
Amendment 216 #
Proposal for a regulation Recital 32 (32) In determining whether a reintroduction or prolongation of internal border controls by the Member States is
Amendment 217 #
Proposal for a regulation Recital 33 (33) The establishment of
Amendment 218 #
Proposal for a regulation Recital 33 (33) The establishment of the new Schengen area safeguard mechanism should not affect the right of Member States to have
Amendment 219 #
Proposal for a regulation Recital 34 (34) In order to ensure compliance with the principle of
Amendment 220 #
Proposal for a regulation Recital 34 (34) In order to ensure compliance with the principle of proportionality, the decision
Amendment 221 #
Proposal for a regulation Recital 34 (34) In order to ensure compliance with the principle of proportionality, the decision of the Council should be adopted for a limited period of time of up to
Amendment 222 #
Proposal for a regulation Recital 34 (34) In order to ensure compliance with the principle of proportionality, the decision of the Council should be adopted for a limited period of time of up to six months that may be prolonged subject to regular review upon a proposal from the Commission, as long as the threat is found to persist, up to a maximum period of two years in exceptional cases. The initial decision should include an assessment of the expected impact of the measures adopted, including its adverse side-effects, with a view to
Amendment 223 #
Proposal for a regulation Recital 34 (34) In order to ensure compliance with the principle of proportionality, the decision of the Council should be adopted for a limited period of time of up to six months that may be prolonged subject to regular review upon a proposal from the Commission, as long as the threat is found to persist. The initial decision should include an assessment of the expected impact of the measures adopted, including its adverse side-effects, with a view to determining if controls at internal borders are justified or whether less restrictive measures could be applied in their place in an effective manner. Subsequent decisions should take account of the evolution of the identified threat. The Member States should immediately notify the Commission and the Member States of the reintroduction of internal border controls in accordance with the decision of the Council, and the European Parliament should be immediately informed.
Amendment 224 #
Proposal for a regulation Recital 35 Amendment 225 #
Proposal for a regulation Recital 35 (35)
Amendment 226 #
Proposal for a regulation Recital 35 (35) Reintroduction of internal border controls should also remain possible where serious deficiencies in the management of the external borders persist, putting at risk the overall functioning of the area without internal border control.
Amendment 227 #
Proposal for a regulation Recital 36 Amendment 228 #
Proposal for a regulation Recital 36 (36) The reintroduction of border controls at internal borders, whether on the basis of unilateral decisions of the Member States or at a Union level, has
Amendment 229 #
Proposal for a regulation Recital 36 (36) The reintroduction of border controls at internal borders, whether on the basis of Union level decisions or unilateral decisions of the Member States
Amendment 230 #
Proposal for a regulation Recital 36 (36) The reintroduction of border controls at internal borders, whether on the basis of unilateral decisions of the Member States or at a Union level, has serious implications for the functioning of the Schengen area. In order to ensure that any decision to reintroduce border controls is only taken where necessary, as a measure of last resort, the decision on temporary reintroduction or prolongation of border
Amendment 231 #
Proposal for a regulation Recital 36 (36) The reintroduction of border controls at internal borders, whether on the basis of unilateral decisions of the Member States or at a Union level, has serious implications for the functioning of the Schengen area as well as for the rights of individuals. In order to ensure that any decision to reintroduce border controls is only taken where necessary, as a measure of last resort, the decision on temporary reintroduction or prolongation of border controls should be based on common criteria and on a thorough assessment, putting an emphasis on necessity and proportionality. The proportionality principle requires that the reintroduction of internal border controls be subject to safeguards that increase over time.
Amendment 232 #
Proposal for a regulation Recital 36 a (new) (36 a) Any derogation from the fundamental principle of free movement of persons should be interpreted strictly and the concept of public policy presupposes the existence of a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.
Amendment 233 #
Proposal for a regulation Recital 36 a (new) (36 a) Any derogation from the fundamental principle of free movement of persons should be interpreted strictly and the concept of public policy presupposes the existence of a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.
Amendment 234 #
Proposal for a regulation Recital 36 b (new) (36 b) When the reintroduction of internal border controls concerns specific planned events of an exceptional nature and duration (such as sporting activities) its duration must be very precise, limited and linked to the actual duration of the event.
Amendment 235 #
Proposal for a regulation Recital 37 (37)
Amendment 236 #
Proposal for a regulation Recital 37 (37) In
Amendment 237 #
Proposal for a regulation Recital 37 (37)
Amendment 238 #
Proposal for a regulation Recital 37 (37) In the first instance, Member States should assess the appropriateness of internal border controls having regard to the nature of the serious threat identified. In this context, the Member States should pay particular attention to and assess the
Amendment 239 #
Proposal for a regulation Recital 38 (38) In order to
Amendment 240 #
Proposal for a regulation Recital 38 (38) In order to limit harmful consequences resulting from the reintroduction of internal border controls, any decision to reintroduce internal border controls should be accompanied by mitigating measures if needed, but always with a view to lifting internal border control as soon as possible. Such measures should include measures to assure a smooth operation of transit of
Amendment 241 #
Proposal for a regulation Recital 38 (38) In order to limit harmful consequences resulting from the reintroduction of internal border controls, any decision to reintroduce internal border controls should be accompanied by mitigating measures if needed. Such measures should include measures to
Amendment 242 #
Proposal for a regulation Recital 38 (38) In order to limit harmful consequences resulting from the reintroduction of internal border controls, any decision to reintroduce internal border controls should be accompanied by mitigating measures
Amendment 243 #
Proposal for a regulation Recital 39 (39)
Amendment 244 #
Proposal for a regulation Recital 39 (39) The notification
Amendment 245 #
Proposal for a regulation Recital 39 (39) The notification to be provided by the Member States should be decisive when assessing compliance with the criteria and conditions for a temporary reintroduction of internal border controls. In order to ensure
Amendment 246 #
Proposal for a regulation Recital 39 (39) The notification and the preliminary assessment to be provided by the Member States should be decisive when assessing compliance with the criteria and conditions for a temporary reintroduction of internal border controls.
Amendment 247 #
Proposal for a regulation Recital 39 (39) The notification to be provided by the Member States should be decisive when assessing compliance with the criteria and conditions for a temporary reintroduction of internal border controls. In order to ensure a comparable set of information and to improve the quality of the information it receives, the Commission should adopt a template for the notification of reintroduction of border controls at internal borders in an implementing act. Member States should be entitled to classify all or parts of the information provided in the notification, without prejudice to the functioning of appropriate and secure police cooperation channels.
Amendment 248 #
Proposal for a regulation Recital 40 Amendment 249 #
Proposal for a regulation Recital 40 Amendment 250 #
Proposal for a regulation Recital 40 (40) In order to ensure that internal border controls are tr
Amendment 251 #
Proposal for a regulation Recital 40 (40)
Amendment 252 #
Proposal for a regulation Recital 40 (40) In order to ensure that internal border controls are truly a last resort measure applied only for as long as necessary and in order to allow for assessing the necessity and proportionality of internal border controls to address foreseeable threats, Member States should prepare a risk assessment to be submitted to the Commission when internal border controls are prolonged beyond an initial
Amendment 253 #
Proposal for a regulation Recital 40 a (new) (40 a) The risk assessment should demonstrate the efficiency and effectiveness of the reintroduced border control in addressing the identified threat and explain in detail how each neighbouring Member State affected by such prolongation was consulted and involved in determining the least burdensome operational arrangements. As many notifications provided by Member States lack sufficient detail to allow for a verification as to whether the principles of necessity and proportionality have been respected, the Commission may adopt guidelines as to which information should be provided.
Amendment 254 #
Proposal for a regulation Recital 40 b (new) (40 b) The quality of the risk assessment submitted by the Member State is 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, Europol, the European Union Asylum Agency, the European Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice and the European Union Agency for Fundamental Rights could be consulted during that assessment.
Amendment 255 #
Proposal for a regulation Recital 41 Amendment 256 #
Proposal for a regulation Recital 41 (41) The Commission
Amendment 257 #
Proposal for a regulation Recital 42 (42) In order to ensure a sufficient
Amendment 258 #
Proposal for a regulation Recital 42 (42) In order to ensure
Amendment 259 #
Proposal for a regulation Recital 42 (42) In order to ensure a sufficient degree of transparency of
Amendment 260 #
Proposal for a regulation Recital 42 (42) In order to ensure a sufficient degree of transparency of the actions affecting travel without internal border controls, the Member States should also inform the European Parliament and the Council about the main elements concerning the planned reintroduction of border controls. In justified cases, Member States may also classify such information. Every year, pursuant to Article 33 of the Schengen Borders Code, the Commission should present to the European Parliament and to the Council a report on the functioning of the area without internal border control (‘State of Schengen report’) which should pay particular attention to the situation as regards the unauthorised movements of third country nationals, building on the available information from competent national authorities of the Member States, the relevant Agencies and data analysis from relevant information systems. It should also assess the necessity and proportionality of the reintroductions of border controls in the period covered by that Report. The State of Schengen report shall also cover the reporting obligations resulting from Article 20 of the Schengen Evaluation Mechanism46 . _________________ 46 Council Regulation (EU) No 1053/2013
Amendment 261 #
Proposal for a regulation Recital 43 (43) The
Amendment 262 #
Proposal for a regulation Recital 43 (43) The mechanism for the temporary reintroduction of border controls at internal borders in urgent situations or to address foreseeable threats should provide
Amendment 263 #
Proposal for a regulation Recital 43 (43) The mechanism for the temporary reintroduction of border controls at internal borders in urgent situations or to address foreseeable threats should provide for a
Amendment 264 #
Proposal for a regulation Recital 43 (43) The mechanism for the temporary reintroduction of border controls at internal borders in urgent situations or to address foreseeable threats should provide for a possibility, for the Commission, to organise consultations between Member States, including at the request of any Member State.
Amendment 265 #
Proposal for a regulation Recital 44 (44)
Amendment 266 #
Proposal for a regulation Recital 44 (44)
Amendment 267 #
Proposal for a regulation Recital 44 (44) The Commission and Member States should retain the possibility to express any concern as regards the necessity and proportionality of a decision of a Member State to reintroduce internal border controls for reason of urgency or to address a foreseeable threat. In case controls at internal borders are reintroduced and prolonged for foreseeable threats for combined periods exceeding
Amendment 268 #
Proposal for a regulation Recital 44 Amendment 269 #
Proposal for a regulation Recital 44 (44) The Commission and Member States should retain the possibility to express any concern as regards the necessity and proportionality of a decision of a Member State to reintroduce internal border controls for reason of urgency or to address a foreseeable threat. In case controls at internal borders are reintroduced and prolonged for foreseeable threats for combined periods exceeding
Amendment 270 #
Proposal for a regulation Recital 44 (44) The Commission and Member States should retain the possibility to express any concern as regards the necessity and proportionality of a decision of a Member State to reintroduce internal border controls for reason of urgency or to address a foreseeable threat. In case controls at internal borders are reintroduced and prolonged for foreseeable threats for combined periods exceeding eighteen months, it should be a requirement for the Commission to issue an opinion assessing the necessity and proportionality of such internal border controls. Where a Member State considers that there are exceptional situations justifying the continued need for internal border controls for a period exceeding t
Amendment 271 #
Proposal for a regulation Recital 44 (44) The Commission and Member States should retain the possibility to express any concern as regards the necessity and proportionality of a decision of a Member State to reintroduce internal border controls for reason of urgency or to address a foreseeable threat. In case controls at internal borders are reintroduced and prolonged for foreseeable threats for combined periods exceeding eighteen months, it should be a requirement for the Commission to issue an opinion assessing the necessity and proportionality of such internal border controls. Where a Member State considers that there are exceptional situations justifying the continued need for internal border controls for a period exceeding two years, the Commission should issue a follow-up opinion. Such an opinion is without prejudice to the enforcement measures, including infringement actions, which the Commission, in its role as guardian of the Treaties, may take at any time against any Member State for failure to comply with its obligations under Union law. Where an opinion is issued, the Commission should launch consultations
Amendment 272 #
Proposal for a regulation Recital 45 Amendment 273 #
Proposal for a regulation Recital 45 Amendment 274 #
Proposal for a regulation Recital 45 (45) In order to enable the post factum analysis of the decision on the temporary reintroduction of border controls at the internal borders, Member States should remain obliged to submit a report on the reintroduction of border control at internal borders to the European Parliament, the Council and the Commission once they lift the controls. Where the controls are
Amendment 275 #
Proposal for a regulation Recital 45 (45) In order to enable the post factum analysis of the decision on the temporary reintroduction of border controls at the internal borders, Member States should remain obliged to submit a report on the reintroduction of border control at internal borders to the European Parliament, the Council and the Commission once they lift the controls. Where the controls are kept in place for prolonged periods of time, such a report should also be submitted after
Amendment 276 #
Proposal for a regulation Recital 45 (45) In order to enable the post factum analysis of the decision on the temporary reintroduction of border controls at the internal borders, Member States should remain obliged to submit a report on the reintroduction of border control at internal borders to the European Parliament, the Council and the Commission once they lift the controls. Where the controls are kept in place for prolonged periods of time, such a report should also be submitted after
Amendment 277 #
Proposal for a regulation Recital 45 a (new) (45 a) Any derogation from the fundamental principle of free movement of persons should be interpreted strictly. The concept of a threat to public policy presupposes the existence of a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.
Amendment 278 #
Proposal for a regulation Recital 45 b (new) (45 b) The Commission has a duty to ensure that Member States fulfil their obligations under this Regulation through the enforcement measures in its position, including those in accordance with Article 258 of the Treaty of the Functioning of the European Union.
Amendment 279 #
Proposal for a regulation Recital 46 (46) When implementing this Regulation, Member States shall
Amendment 280 #
Proposal for a regulation Recital 46 (46) When implementing this Regulation, Member States shall not categorize people based on racial, ethnic, national or religious characteristics, and not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. In line with the European Union’s commitments under the EU anti-racism action plan, Member States should adopt National Action Plans against racism which include concrete provisions aimed at countering discrimination by law enforcement authorities, including by providing for effective remedies for victims of racial profiling.
Amendment 281 #
Proposal for a regulation Recital 46 (46) When implementing this Regulation, Member States shall not categorise people based on racial, ethnic, national or religious characteristics, and not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. In line with the European Union’s commitments under the EU anti- racism action plan, Member States should adopt National Action Plans against racism which include concrete provisions aimed at countering discrimination by law enforcement authorities, including by providing for effective remedies for victims of racial profiling.
Amendment 282 #
Proposal for a regulation Recital 47 (47) The competent authorities shall use their powers to carry out checks within the territory and apply relevant national procedures in full respect of
Amendment 283 #
Proposal for a regulation Recital 47 (47) The
Amendment 284 #
Proposal for a regulation Recital 48 (48) The objective of this Regulation is to strengthen security and safety of citizens by enhancing the functioning of the Schengen area. This objective can
Amendment 285 #
Proposal for a regulation Recital 49 (49) In accordance with Articles 1 and 2 of the Protocol No 22 on the position of Denmark, as annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark and any other Member state with an opt-out from the Justice and Home Affairs pillar is not taking part in the adoption
Amendment 286 #
Proposal for a regulation Recital 54 Amendment 287 #
(55) This Regulation respects fundamental rights
Amendment 288 #
Proposal for a regulation Recital 56 (56) Regulation (EU) No 2016/399
Amendment 289 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point a Regulation (EU) No 2016/399 Article 2 – point 12 12.
Amendment 290 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point a Regulation (EU) No 2016/399 Article 2 – point 12 12. ‘border surveillance’ means the surveillance of borders between crossing points and of border crossing points outside fixed opening hours, in
Amendment 291 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point a Regulation (E) No 2016/399 Article 2 – point 12 12. ‘border surveillance’ means the surveillance of borders between crossing points and of border crossing points outside fixed opening hours, including preventative measures to detect and prevent unauthorised border crossings or the circumvention of border checks, as well as actions to provide situational awareness.
Amendment 292 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point b Regulation (EU) 2016/399 Article 2 – point 27 Amendment 293 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point b Regulation (EU) No 2016/399 Article 2 – point 27 Amendment 294 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point b Regulation (EU) No 2016/399 Article 2 – point 27 27. ‘instrumentalisation of migrants’ refers to a situation where a third country instigates
Amendment 295 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point b Regulation (EU) No 2016/399 Article 2 – point 27 27. ‘instrumentalisation of migrants’
Amendment 296 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point b Regulation EU No 216/399 Article 2 – point 27 27. ‘instrumentalisation of migrants’ refers to a situation where a third country or non state actor instigates irregular migratory flows into the Union by actively encouraging or facilitating the movement of third country nationals or stateless persons to the external borders, onto or from within its territory and then onwards to those external borders, where such actions are indicative of an intention of a third country to destabilise the Union or a Member State, where the nature of such actions is liable to put at risk essential State functions, including its territorial integrity, the maintenance of law and order or the safeguard of its national security;
Amendment 297 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) No 2016/399 Article 5 – paragraph 4 Amendment 298 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2016/399 Article 5 – paragraph 4 Amendment 299 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) No 2016/399 Article 5 – paragraph 4 4. In a situation of instrumentalisation of migrants, Member States may
Amendment 300 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) No 2016/399 Article 5 – paragraph 4 4.
Amendment 301 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 4. In a situation of instrumentalisation of migrants, or other situations that cause similar extreme conditions at the external borders, Member States may limit the number of border crossing points as
Amendment 302 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) No 2016/399 Article 5 – paragraph 4 – subparagraph 2 Amendment 303 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) No 2016/399 Article 5 – paragraph 4 – subparagraph 2 Any
Amendment 304 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2016/399 Article 5 – paragraph 4 – point b (b) third-country nationals who are long-term residents under Council Directive 2003/109/EC56 , persons deriving their right to reside from other instruments of Union or national law or who hold national long-term visas, as well as their respective family members and those third-country nationals fulfilling the entry conditions set out in Article 6(1); _________________ 56 Council Directive 2003/109/EC of 25
Amendment 305 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 13 – paragraph 1 1. The main purpose of border surveillance shall be to detect
Amendment 306 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) No 2016/399 Article 13 – paragraph 1 1. The main purpose of border surveillance shall be to
Amendment 307 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) No 2016/399 Article 13 – paragraph 1 1. The main purpose of border surveillance shall be to
Amendment 308 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 13 – paragraph 2 2. The border guards shall use stationary or mobile units to carry out border surveillance.
Amendment 309 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) No 2016/399 Article 13 – paragraph 2 2. The border guards shall use
Amendment 310 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 13 – paragraph 2 2. The border guards shall use available resources, including stationary or mobile units, to carry out border surveillance. That surveillance shall be carried out in such a way as to prevent and discourage persons from unauthorised border crossings between border crossing points and from circumventing the checks at border crossing points.
Amendment 311 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) No 2016/399 Article 13 – paragraph 2 2. The border guards shall use stationary or mobile units to carry out border surveillance. That surveillance shall be carried out in such a way as to prevent and discourage persons from unauthorised border crossings between border crossing points and from circumventing the checks at border crossing points, in full compliance with the obligations arising from Article 4.
Amendment 312 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 13 – paragraph 3 3. Surveillance between border crossing points shall be carried out by border guards whose numbers and methods shall be adapted to existing or foreseen risks and threats, including the risk to life and the need for emergency health care of vulnerable groups. Border guards shall be effectively trained, including to assess vulnerabilities, and their actions monitored by independent fundamental rights monitors to ensure they abide by EU and international fundamental rights obligations, including the access to international protection at EU's external and internal borders. It shall involve frequent and sudden changes to surveillance periods and other methods or techniques, so that unauthorised border crossings are effectively detected
Amendment 313 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) No 2016/399 Article 13 – paragraph 3 3. Surveillance between border crossing points shall be carried out by border guards whose numbers and methods shall be adapted to existing or foreseen risks and threats. It shall involve frequent and sudden changes to surveillance periods
Amendment 314 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 13 – paragraph 4 4. Surveillance shall be carried out by stationary or mobile units which perform their duties by patrolling or stationing themselves at places known or perceived to
Amendment 315 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) No 2016/399 Article 13 – paragraph 4 4. Surveillance shall be carried out by stationary or mobile units which perform their duties by patrolling or stationing themselves at places known or perceived to be sensitive, the aim of such surveillance being to prevent unauthorised border crossings or apprehend individuals crossing the border i
Amendment 316 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) No 2016/399 Article 13 – paragraph 4 4. Surveillance shall be carried out by stationary or mobile units which perform their duties by patrolling or stationing themselves at places known or perceived to be sensitive, the aim of such surveillance being to prevent unauthorised border crossings or apprehend individuals crossing or having crossed the border illegally. Surveillance may also be carried out by technical means, including electronic means, equipment and surveillance systems and, where appropriate, all types of stationary and mobile infrastructure including border barriers and fences.
Amendment 317 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) No 2016/399 Article 13 – paragraph 4 4. Surveillance shall be carried out by stationary or mobile units which perform their duties by patrolling or stationing
Amendment 318 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) No 2016/399 Article 13 – paragraph 5 Amendment 319 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 13 – paragraph 5 Amendment 320 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) No 2016/399 Article 13 – paragraph 5 5.
Amendment 321 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 5. In a situation of instrumentalisation of migrants, or similar extreme situations, the Member State concerned shall intensify border surveillance as necessary in order to address the increased threat. In particular, the Member State concerned shall enhance, as appropriate, the resources and technical means to prevent an unauthorised crossing of
Amendment 322 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) No 2016/399 Article 13 – paragraph 5 – subparagraph 2 Those technical means may include modern technologies including drones and motion sensors, as well as mobile units or physical barriers erected to prevent unauthorised border crossings into the Union.
Amendment 323 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) No 2016/399 Article 13 – paragraph 5 – subparagraph 2 Those technical means may include modern technologies including drones and motion sensors, physical infrastructure as well as mobile units to prevent unauthorised border crossings into the Union.
Amendment 324 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) No 2016/399 Article 13 – paragraph 6 Amendment 325 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 13 – paragraph 6 Amendment 326 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 5– paragraph 6 6. Without prejudice to the support that the European Border and Coast Guard Agency may provide to the Member States, in the event of a situation of instrumentalisation of migrants or other similar extreme situations, the Agency may carry out a vulnerability assessment as provided for in Articles 10(1), point (c), and Article 32 of Regulation (EU) 2019/1896 of the European Parliament and Council57 , with a
Amendment 327 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) No 2016/399 Article 13 – paragraph 7 7. The
Amendment 328 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/399 Article 13 – paragraph 7 7. The Commission shall be empowered to adopt delegated acts in accordance with Article 37 concerning additional measures governing surveillance, including the development of standards for border surveillance, in particular the use of surveillance and monitoring technologies at the external borders, in accordance with the prohibitions, safeguards and transparency obligations laid down in the Regulation (EU) .../... of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) taking into account the type of borders, the impact levels attributed to each external border section in accordance with Article 34 of the Regulation (EU) 2019/1896 and other relevant factors. Remote biometric identification systems as well as long- range acoustic devices shall be prohibited.
Amendment 329 #
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 37 concerning additional measures governing surveillance, including the development of common minimum standards for border surveillance, in particular the use of surveillance and monitoring technologies at the external borders, taking into account the type of borders, the impact levels attributed to each external border section in accordance with Article 34 of the Regulation (EU) 2019/1896 and other relevant factors.
Amendment 330 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 7. The Commission shall be empowered to adopt delegated acts in accordance with Article 37 concerning additional measures governing surveillance, including the development of common minimum standards for border surveillance, in particular the use of surveillance and monitoring technologies at the external borders, taking into account the type of borders, the impact levels attributed to each external border section in accordance with Article 34 of the Regulation (EU) 2019/1896 and other relevant factors.
Amendment 331 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) No 2016/399 Article 13 – paragraph 7 7.
Amendment 332 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – introductory part Regulation (EU) No 2016/399 Title II – Chapter VI (new) – Title (4) After Chapter V
Amendment 333 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – introductory part Regulation (EU) No 2016/399 Title II – Chapter V – Title (4) Chapter V is renamed as follows: “Specific measures relating to the external borders control”
Amendment 334 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – paragraph 1 Regulation (EU) No 2016/399 Chapter 5 – Article 21a Amendment 335 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – paragraph 1 – introductory part Regulation (EU) No 2016/399 Chapter VI (new) – Article 21a In Chapter VI, the following Article 21a is inserted:
Amendment 336 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – paragraph 1 Regulation (EU) No 2016/399 Article 21a – paragraph 1 1. This Article shall apply to situations where
Amendment 337 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – paragraph 1 Regulation (EU) 2016/399 Article 21a – paragraph 1 1. This Article shall apply to situations where the European Centre for Disease Prevention and Control or the
Amendment 338 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – paragraph 1 Regulation (EU) No 2016/399 Article 21a – paragraph 1 1. This Article shall apply to situations where the European Centre for Disease Prevention and Control
Amendment 339 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – paragraph 1 Regulation (EU) 2016/399 Article 21a – paragraph 1 1. This Article shall apply to situations where the European Centre for
Amendment 340 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – paragraph 1 Regulation (EU) No 2016/399 Article 21a– paragraph 2 – subparagraph 1 2. The Council
Amendment 341 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – paragraph 1 Regulation (EU) 2016/399 Article 21a – paragraph 2 – subparagraph 1 2. The Council, on the basis of a
Amendment 342 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – paragraph 1 Regulation (EU) No 2016/399 Article 21a – paragraph 2 – subparagraph 1 2. The Council, on the basis of a proposal by the Commission, and after having consulted the European Parliament, may adopt an implementing regulation, providing for temporary restrictions on travel to the Member States.
Amendment 343 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – paragraph 1 Regulation (EU) 2016/399 Article 21a – paragraph 2 – subparagraph 1 2. The Council, on the basis of a proposal by the Commission, and after informing the European Parliament, may adopt an implementing regulation, providing for temporary restrictions on travel to the Member States.
Amendment 344 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – paragraph 1 Regulation (EU) No 2016/399 Article 21a – paragraph 3 Amendment 345 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – paragraph 1 Regulation (EU) 2016/399 Article 21a – paragraph 3 – point ba new b a) refugees, persons with subsidiary or temporary protection and persons requesting international protection, in particular as regards non-refoulement.
Amendment 346 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – paragraph 1 Regulation (EU) 2016/399 Article 21a – paragraph 4 Amendment 347 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – paragraph 1 Regulation (EU) No 2016/399 Article 21a – paragraph 4 – point b b) identify any geographical areas or third countries from which non-essential travel may be subject to restrictions or exemptions from restrictions, having regard to the particular situation of the areas or countries concerned on the basis of objective methodology and criteria,
Amendment 348 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EU) No 2016/399 Article 23 – point a a) the exercise of police or other public powers by the competent authorities of the Member States in their territory, including in their internal border areas, as conferred on them under national law, insofar as the exercise of those powers does not have an effect equivalent to border checks. The exercise of police or other public powers by the competent authorities of the Member States in their territory, including in their border areas, should not have a disproportionate impact on fluidity of movement across the internal borders, notably by leading to excessive waiting times. In a spirit of dialogue and cooperation, Member States should consult the neighbouring Member State of their actions, in particular when the action is expected to have a more significant effect on cross-border traffic. The exercise by competent authorities of their powers may not, in particular, be considered equivalent to the exercise of border checks when the measures:
Amendment 349 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EU) No 2016/399 Article 23 – point a a) the exercise of police
Amendment 350 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EU) No 2016/399 Article 23 – point a – point ii ii) are based on
Amendment 351 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EU) 2016/399 Article 23 – point a – point ii ii) are based on
Amendment 352 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EU) 2016/399 Article 23 – point a – point ii – indent 2 Amendment 353 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EU) No 2016/399 Article 23 – point a – point ii – indent 2 Amendment 354 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EU) 2016/399 Article 23 – point a – point ii – indent 2 — combat irregular residence or stay, linked to i
Amendment 355 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EU) 2016/399 Article 23 – point a – point ii ii a) The substantiated information referred to in paragraph ii) cannot include information collected through the automated processing of data available in different data sources or in different data formats in order to forecast or predict trends related to migration, movement and border crossings;
Amendment 356 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EU) 2016/399 Article 23 – point a – point iii – indent 3 iii) are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders
Amendment 357 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EU) No 2016/399 Article 23 – point a – point iv iv) are carried out, where appropriate, on the basis of monitoring and surveillance technologies generally used in the territory, for the purposes of addressing threats to public security
Amendment 358 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EU) 2016/399 Article 23 – point a – point iv iv) are carried out, where appropriate, on the basis of monitoring and surveillance technologies generally used in the territory, in line with national legislation, for the purposes of addressing threats to public security or public policy as set out under ii);
Amendment 359 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EU) No 2016/399 Article 23 – paragraph 1 – point aa new a a) the substantiated information referred to in paragraph a), point ii), cannot include information collected through the automated processing of data available in different data sources or in different data formats in order to forecast or predict trends related to migration, movement and border crossings;
Amendment 360 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EU) 2016/399 Article 23 – point e Amendment 361 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EU) 2016/399 Article 23 – point e Amendment 362 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EU) No 2016/399 Article 23 – point e Amendment 363 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EU) 2016/399 Article 23 – point e e) checks for security purposes of passenger data against relevant databases established under Union law on persons traveling in the area without controls at internal borders which can be carried out by the competent authorities under the applicable law.
Amendment 364 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) No 2016/399 Article 23a Amendment 365 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/399 Article 23a Amendment 366 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/399 Article 23a – titel Article 23a Procedure for transferring persons apprehended
Amendment 367 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) No 2016/399 Article 23a – Paragraph 1 1. This Article applies to the apprehension of a illegaly staying third- country national in the vicinity of internal borders, in circumstances where all of the following conditions are fulfilled:
Amendment 368 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/399 Article 23a – paragraph 1 – point d d) there are
Amendment 369 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/399 Article 23a – paragraph 2 2. The competent authorities of the Member State may, based on a finding that the third country national concerned has no right to stay on its territory, decide to immediately transfer the person to the Member State from which the person entered or sought to enter, in accordance with the procedure set out in Annex XII. This transfer is without prejudice to Article 6(3) of Directive 2008/115/EC.
Amendment 370 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/399 Article 23a – paragraph 3 3. Where a Member State applies the procedure referred to in paragraph 2, the receiving Member State shall be required to take all measures necessary to receive the illegaly staying third country national concerned in accordance with the procedures set out in Annex XII.
Amendment 371 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 Regulation (EU) 2016/399 Article 24 – paragraph 1 Amendment 372 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Article 25 General framework for the
Amendment 373 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EU) No 2016/399 Article 25 – paragraph 1 1.
Amendment 374 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EU) No 2016/399 Article 25 – paragraph 1 – subparagraph 2 A
Amendment 375 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EU) 2016/399 Article 25 – paragraph 1 – point a (a) a
Amendment 376 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EU) No 2016/399 Article 25 – paragraph 1 – point a (a) a
Amendment 377 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EU) 2016/399 Article 25 – paragraph 1 – point a (a)
Amendment 378 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EU) 2016/399 Article 25 – paragraph 1 – point c Amendment 379 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EU) No 2016/399 Article 25 – paragraph 1 – point c Amendment 380 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EU) 2016/399 Article 23a – paragraph 1 – point c (c) an exceptional situation characterised by large scale unauthorised movements of third-
Amendment 381 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EU) No 2016/399 Article 25 – paragraph 2 2. Border controls may
Amendment 382 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EU) 2016/399 Article 25 – paragraph 3 Amendment 383 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EU) 2016/399 Article 25 – paragraph 3 Amendment 384 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EU) No 2016/399 Article 25 – paragraph 3 Amendment 385 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EU) 2016/399 Article 25 – paragraph 3 3. Where
Amendment 386 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) No 2016/399 Article 25a – Title Procedure for
Amendment 387 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) No 2016/399 Article 25a – paragraph 1 1. Where a
Amendment 388 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2016/399 Article 25a – paragraph 2 2. The Member State
Amendment 389 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2016/399 Article 25a – paragraph 2 2. The Member State shall, at the same time as reintroducing border control under paragraph 1, notify the Commission, the European Parliament, and the other Member States of the reintroduction of border controls, in accordance with Article 27(1).
Amendment 390 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) No 2016/399 Article 25a – paragraph 2 2. The Member State shall, at the same time as reintroducing border control under paragraph 1, notify the Commission, the European Parliament and the other Member States of the
Amendment 391 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2016/399 Article 25a – paragraph 2 2. The Member State shall, at the same time as reintroducing border control under paragraph 1, notify the Commission, Parliament, and the other Member States of the reintroduction of border controls, in accordance with Article 27(1).
Amendment 392 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2016/399 Article 25a – paragraph 2 2. The Member State shall, at the same time as reintroducing border control under paragraph 1, notify the Commission, Parliament and the other Member States of the reintroduction of border controls, in accordance with Article 27(1).
Amendment 393 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2016/399 Article 25a – paragraph 2 2. The Member State shall, at the same time as reintroducing border control under paragraph 1, notify the Commission and the other Member States of the reintroduction of border controls, in accordance with Article 27(1). The Commission shall inform the European Parliament.
Amendment 394 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) No 2016/399 Article 25a – paragraph 3 3. For the purposes of paragraph 1, border control at internal borders may be immediately reintroduced for a limited period of up to one month. If the serious threat to public policy or internal security persists beyond that period, the Member State may prolong the border control at internal borders for further periods, leading to a maximum duration not exceeding three months. In doing so, the Member State concerned shall carry out an assessment of the necessity and the proportionality of the measure as referred to in Article 26, and make a new notification in accordance with Article 27(1).
Amendment 395 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2016/399 Article 25a – paragraph 3 3. For the purposes of paragraph 1, border control at internal borders may be immediately reintroduced for a
Amendment 396 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2016/399 Article 25a – paragraph 3 3. For the purposes of paragraph 1, border control at internal borders may be immediately reintroduced for a
Amendment 397 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 3. For the purposes of paragraph 1, border control at internal borders may be immediately reintroduced for a limited period of up to one month. If the serious threat to public policy or internal security persists beyond that period, the Member State may prolong the border control at internal borders for further periods, leading to a maximum duration not exceeding
Amendment 398 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2016/399 Article 25a – paragraph 4 4. Where a serious threat to public
Amendment 399 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) No 2016/399 Article 25a – paragraph 4 4. Where a serious threat to public policy or internal security is foreseeable in a Member State, the Member State
Amendment 400 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2016/399 Article 25a – paragraph 4 4. Where a serious threat to public policy or internal security is foreseeable in a Member State, the Member State shall notify the Commission and the other Member States and the Commission in accordance with Article 27(1), at the latest four weeks before the planned reintroduction of border controls, or within a shorter period where the circumstances giving rise to the need to reintroduce border controls at internal borders become known less than four weeks before the planned reintroduction. The Commission shall inform the European Parliament.
Amendment 401 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2016/399 Article 25a – paragraph 5 5. For the purposes of paragraph 4, and without prejudice to Article 27a(4), border control at internal borders may be reintroduced for a period of up to
Amendment 402 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2016/399 Article 25a – paragraph 5 5. For the purposes of paragraph 4, and without prejudice to Article 27a(4), border control at internal borders may be reintroduced
Amendment 403 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2016/399 Article 25a – paragraph 5 5. For the purposes of paragraph 4, and without prejudice to Article 27a(4), border control at internal borders may be reintroduced for a
Amendment 404 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) No 2016/399 Article 25a – paragraph 5 5. For the purposes of paragraph 4, and without prejudice to Article 27a(4), border control at internal borders may be
Amendment 405 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2016/399 Article 25a – paragraph 5 5. For the purposes of paragraph 4, and without prejudice to Article 27a(4), border control at internal borders may be reintroduced for a period of up to
Amendment 406 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2016/399 Article 25a – paragraph 5 5. For the purposes of paragraph 4, and without prejudice to Article 27a(4), border control at internal borders may be reintroduced for a period of up to six months. Where the serious threat to public policy or internal security persists beyond that period, the Member State may prolong the border control at internal borders for renewable periods of up to six months. Any prolongation shall be notified to the Commission and the other Member States in accordance with Article 27 and within the time limits referred to in paragraph 4. Subject to Article 27a(5), the maximum duration of border control at internal borders shall not exceed t
Amendment 407 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2016/399 Article 25a – paragraph 5 5. For the purposes of paragraph 4, and without prejudice to Article 27a(4), border control at internal borders may be reintroduced for a period of up to six months. Where the serious threat to public policy or internal security persists beyond that period, the Member State may prolong the border control at internal borders for renewable periods of up to six months. Any prolongation shall be notified to the Commission, Parliament, and the other Member States in accordance with Article 27 and within the time limits referred to in paragraph 4. Subject to Article 27a(5), the maximum duration of border control at internal borders shall not exceed two years.
Amendment 408 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2016/399 Article 25a – paragraph 6 Amendment 409 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) No 2016/399 Article 25a – paragraph 6 Amendment 410 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2016/399 Article 25a – paragraph 6 Amendment 411 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – title Article 26 Criteria for the
Amendment 412 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – paragraph 1 1.
Amendment 413 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) No 2016/399 Article 26 – paragraph 1 – introductory part 1. To establish whether the reintroduction of border control at internal borders is necessary and proportionate in accordance with Article 25, a Member State shall assess, before adopting any relevant measure, in particular
Amendment 414 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – paragraph 1 1. To establish whether the reintroduction or prolongation of border controls at internal borders is necessary and proportionate in accordance with Article 25, a Member State shall in particular consider:
Amendment 415 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – paragraph 1 – point a (a) the appropriateness of the measure of reintroducing border controls at internal border, having regard to the
Amendment 416 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) No 2016/399 Article 26 – paragraph 1 – point aa new (a a) the proportionality of the measure of reintroducing border controls at internal border, and in particular whether measures other than the reintroduction of border controls at internal borders, such as enhanced cross-border police cooperation or proportionate police checks, are likely to adequately remedy the threat to public policy or internal security;
Amendment 417 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – paragraph 1 – point b (b)
Amendment 418 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) No 2016/399 Article 26 – paragraph 1 – point b (b) the likely impact of
Amendment 419 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – paragraph 1 – point b (b) the
Amendment 420 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) No 2016/399 Article 26 – paragraph 1 – point b – indent 1 — free movement of persons within the area without internal border control
Amendment 421 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) No 2016/399 Article 26 – paragraph 1 – point b – indent 1a new - the right to seek asylum and the principle of non-refoulement;
Amendment 422 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) No 2016/399 Article 26 – paragraph 1 – point b – indent 1b new - the principle of non- discrimination; and
Amendment 423 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – paragraph 1 – point b – indent 2 — the functioning of the cross-border regions, taking into account the strong social and economic ties between them, especially in regions where free movement of people's and goods pre-dates the single market and the European Union.
Amendment 424 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – paragraph 1 – point b a (new) (b a) the proportionality of the temporary reintroduction of border control in relation to the threat to public policy and internal security by taking into account: – movement of persons within the area without internal border control - regardless of their nationality and – the functioning of the cross-border regions, taking into account the strong social and economic ties between them;
Amendment 425 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – paragraph 1 – point b a (new) (b a) the use of alternative measures such as proportionate checks carried out in the context of the lawful exercise of powers as referred to in Article 23 point (a);
Amendment 426 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – paragraph 1 – point b b new (b b) whether the reintroduction of border controls at internal borders is likely to adequately remedy the threat to public policy or internal security.
Amendment 427 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – paragraph 1 – point b b (b b) the use of the procedure as referred to in Article 23a;
Amendment 428 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – paragraph 1 – point b c (b c) forms of police cooperation as provided for under Union law, including on matters such as joint patrols, joint operations, joint investigation teams, cross-border hot pursuits, or cross-border surveillance
Amendment 429 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – paragraph 2 Amendment 430 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) No 2016/399 Article 26 – paragraph 2 – introductory part 2. Where a Member States decides to prolong the border control at internal
Amendment 431 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – paragraph 2 – introductory part 2. Where a Member States decides to prolong the border control at internal borders pursuant to Article 25a(5), it shall
Amendment 432 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – paragraph 2 – point a Amendment 433 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) No 2016/399 Article 26 – paragraph 2 – point a Amendment 434 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) No 2016/399 Article 26 – paragraph 2 – point b Amendment 435 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – paragraph 2 – point b Amendment 436 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – paragraph 2 – point b Amendment 437 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – paragraph 2 – point c Amendment 438 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) No 2016/399 Article 26 – paragraph 2 – point c Amendment 439 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) No 2016/399 Article 26 – paragraph 2a new 2 a. Where a Member State assesses under point (a) of the paragraph 1 that the temporary reintroduction of internal border control is not likely to adequately remedy the threat to public policy or internal security, it shall not reintroduce or prolong internal border control; Where a Member State assesses under point (aa) of paragraph 1 that measures other than the temporary reintroduction of internal border control are likely to adequately remedy the threat to public policy or internal security, it shall not reintroduce or prolong internal border control and shall take those other measures; Member States shall strive to adopt the less intrusive measure having regard to the assessment under point (b) of paragraph 1.
Amendment 440 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – paragraph 3 3. Where border controls at internal borders have been reintroduced or prolonged, the Member States concerned shall
Amendment 441 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/399 Article 26 – paragraph 3 a (new) 3 a. Where border controls at internal borders have been reintroduced or prolonged, the necessity and duration shall be regularly discussed in the Schengen Council.
Amendment 442 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) 2016/399 Article 27 Article 27 Notification of
Amendment 443 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) 2016/399 Article 27 – paragraph 1 1. Notifications by Member States of the reintroduction or prolongation of internal border controls
Amendment 444 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) 2016/399 (b) the scope and duration of the proposed reintroduction or prolongation, specifying at which part or parts of the internal borders border control is to be reintroduced, or prolonged;
Amendment 445 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) No 2016/399 Article 27 – paragraph 1 – point e (e) the
Amendment 446 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) 2016/399 Article 27 – paragraph 1 – point e (e)
Amendment 447 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) 2016/399 Article 27 – paragraph 1 – point f a (new) (f a) the expected positive effects in the fight against cross border crime
Amendment 448 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) 2016/399 Article 27 – paragraph 1 The notification
Amendment 449 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) 2016/399 Article 27 – paragraph 2 2. Where border controls
Amendment 450 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) 2016/399 Article 27 – paragraph 2 2. Where border controls have been in place for
Amendment 451 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) 2016/399 Article 27 – paragraph 2 2. Where border controls have been in place for
Amendment 452 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) No 2016/399 Article 27 – paragraph 2 2. Where border controls have been in
Amendment 453 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) 2016/399 Article 27 – paragraph 2 2. Where border controls have been in place for
Amendment 454 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) 2016/399 Article 27 – paragraph 2a 2 a. The risk assessment shall present the following elements: (a) the scale and anticipated evolution of the identified serious threat, in particular how long the identified serious threat is expected to persist and which sections of the internal borders may be affected, as well as; (b) information regarding coordination measures with the other Member States impacted or likely to be impacted by such measures; (c) the measures it intends to adopt to alleviate the threat identified; (d) the means, actions, conditions and timeline considered with a view to lifting the internal border controls in order for the principle of free movement to be maintained after the final period of prolongation.
Amendment 455 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) No 2016/399 Article 27 – paragraph 3 Amendment 456 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) 2016/399 Article 27 – paragraph 3 Amendment 457 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) 2016/399 Article 27 – paragraph 3 3. Where the reintroduction of border controls or its prolongation refers to large scale unauthorised movements referred to in Article 25(1) point (b), the
Amendment 458 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) No 2016/399 Article 27 – paragraph 4 4. The Member State concerned shall upon request by the Commission, provide any further information, including on the coordination measures with the Member States affected by the planned prolongation of border control at internal borders as well as further information needed to assess the possible use of measures referred to in Article 23
Amendment 459 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 4. The Member State concerned shall upon request by the Co
Amendment 460 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) 2016/399 Article 27 – paragraph 4 4. The Member State concerned shall upon request by the Commission, provide any further information, including on the coordination measures with the Member States affected by the planned prolongation of border control at internal borders as well as further information needed to assess the possible use of measures referred to in Article 23
Amendment 461 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) 2016/399 5. Member States submitting a notification under paragraphs 1 or 2 may, where necessary and in accordance with national law, decide to classify all or parts of the notified information. Such classification shall not
Amendment 462 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) No 2016/399 Article 27 – paragraph 5 5. Member States submitting a notification under paragraphs 1 or 2 may, where necessary and in accordance with national law, decide to classify all or parts of the notified information. Such classification shall not preclude access to information, through appropriate and secure police cooperation channels, by the other Member States affected by the temporary reintroduction of border controls at internal borders, and information from being made available by the Commission to the European Parliament. The transmission and handling of information and documents transmitted to the European Parliament according to this paragraph shall comply with rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission.
Amendment 463 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) 2016/399 Article 27 – 5(a), new 5 a. The Commission shall upon request by the European Parliament provide information about the content of the notifications referred in this article.
Amendment 464 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2016/399 Article 27a – paragraph 1 1. Following receipt of notifications, submitted under Article 27(1), the Commission
Amendment 465 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2016/399 Article 27a – paragraph 1 1. Following receipt of notifications, submitted under Article 27(1), the Commission may establish a consultation process, where appropriate, including joint meetings between the Member State that is planning to reintroduce or prolong border control at internal borders, and the other Member States, especially those directly affected by such measures and the relevant Union agencies. Such a consultation process shall be mandatory if requested by one or more of the Member States directly affected.
Amendment 466 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) No 2016/399 Article 27a – paragraph 1 1. Following receipt of notifications, submitted under Article 27(1), the Commission may establish a consultation process, where appropriate, including joint meetings between the Member State that is planning to reintroduce or prolong border control at internal borders, and the other
Amendment 467 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) No 2016/399 Article 27a – paragraph 1 – subparagraph 2 The consultation shall concern in particular the identified threat to public policy or internal security, the relevance and the impact of the intended reintroduction of border controls, in line with the criteria set out in Article 26(1) and taking into account the appropriateness of alternative measures, as well as the ways of ensuring implementation of the mutual cooperation between the Member States in relation to the reintroduced border controls.
Amendment 468 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2016/399 Article 27a – paragraph 1 – subparagraph 2 The consultation shall concern in particular the identified threat to public policy or internal security, the
Amendment 469 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) No 2016/399 Article 27a – paragraph 2 2. Following the receipt of notifications, submitted in relation to the reintroduction or prolongation of border controls at internal borders, the Commission or any other Member State may
Amendment 470 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2016/399 Article 27a – paragraph 3 3. Following receipt of notifications submitted in relation to a prolongation of border control at the internal border under Article 25a(4) which leads to the continuation of border controls at internal borders for
Amendment 471 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2016/399 Article 27a – paragraph 3 3. Following receipt of notifications submitted in relation to a prolongation of border control at the internal border under Article 25a(4) which leads to the continuation of border controls at internal borders for
Amendment 472 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2016/399 Article 27a – paragraph 3 3. Following receipt of notifications submitted in relation to a prolongation of border control at the internal border under Article 25a(4) which leads to the continuation of border controls at internal borders for
Amendment 473 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2016/399 Article 27a – paragraph 3 3. Following receipt of notifications submitted in relation to a prolongation of border control at the internal border under Article 25a(4) which leads to the continuation of border controls at internal
Amendment 474 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) No 2016/399 Article 27a – paragraph 3 3. Following receipt of notifications submitted in relation to a prolongation of border control at the internal border under Article 25a(4) which leads to the continuation of border controls at internal borders for
Amendment 475 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2016/399 Article 27a – paragraph 4 4. Where an opinion referred to in paragraphs 2 or 3 is issued, the Commission
Amendment 476 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) No 2016/399 Article 27a – paragraph 4 4. Where an opinion referred to in paragraphs 2 or 3 is issued, the Commission may establish a consultation process, within the meaning of paragraph 1, in order to discuss the opinion with the Member States. Where the Commission or a Member State issues an opinion expressing concerns on the necessity or proportionality of reintroduced internal border controls the Commission shall launch such a process.
Amendment 477 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) No 2016/399 Article 27a – paragraph 5 Amendment 478 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2016/399 Article 27a – paragraph 5 Amendment 479 #
5. Where a Member State considers that there
Amendment 480 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2016/399 Article 27a – paragraph 5 5. Where a Member State considers that there
Amendment 481 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2016/399 Article 28 Article 28 Specific mechanism where the serious threat to public policy or internal security puts at risk the overall functioning of the
Amendment 482 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2016/399 1.
Amendment 483 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) No 2016/399 Article 28 – paragraph 1 1. Where the Commission
Amendment 484 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2016/399 Article 28 – paragraph 1 1. Where the Commission, establishes that
Amendment 485 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2016/399 Article 28 – paragraph 1 1. Where the Commission, by own initiative or by request of Member States, establishes that the same serious threat to internal security or public policy that affects
Amendment 486 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) No 2016/399 Article 28 – paragraph 1a new 1 a. Before making the proposal to the Council, the Commission shall assess whether the reintroduction of border control at internal borders is necessary and proportionate in accordance with the criteria laid down in Article 26. The Commission may issue a recommendation indicating other measures as referred to in Articles 23 that could complement internal border controls or be more suitable to address the identified threat to internal security or public policy as referred to in paragraph 1.
Amendment 487 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2016/399 Amendment 488 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2016/399 Article 28 – paragraph 2 2. The decision shall cover a period of up to thirty six months and may be renewed, upon proposal from the Co
Amendment 489 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2016/399 Article 28 – paragraph 2 2. The decision shall cover a period of up to
Amendment 490 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) No 2016/399 Article 28 – paragraph 2 2. The decision shall cover a period of up to six months and may be renewed, upon proposal from the Commission, for further periods of up to six months as long as the threat persists, taking into account the review referred to in paragraph 5. The maximum duration of the internal border controls on the basis of the particularly serious threat identified shall not exceed two years.
Amendment 491 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2016/399 Article 28 – paragraph 3 Amendment 492 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2016/399 Article 28 – paragraph 5 5. The Co
Amendment 493 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2016/399 Article 28 – paragraph 5 5. The Commission shall review the evolution of the identified threat as well as the impact of the measures adopted in accordance with the Council decision referred to in paragraph 1, with a view to assessing whether the measures remain justified
Amendment 494 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) No 2016/399 Article 28 – paragraph 5 5. The Commission shall review the evolution of the identified threat as well as the impact of the measures adopted in accordance with the Council decision referred to in paragraph 1, with a view to assess whether the measures remain justified and to propose the lifting of the internal border controls.
Amendment 495 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2016/399 Article 28 – paragraph 5 5. The Commission shall on a regular basis review the evolution of the identified threat as well as the impact of the measures adopted in accordance with the Council decision referred to in paragraph 1, with a view to assess whether the measures remain justified.
Amendment 496 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2016/399 Article 28 – paragraph 6 6. Member States shall immediately notify the Commission, the European Parliament, and the other Member States in the Council of a reintroduction of border controls in accordance with the decision referred to in paragraph 1
Amendment 497 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) No 2016/399 Article 28 – paragraph 6 6. Member States shall immediately notify the Commission, the European Parliament and the other Member States in the Council of a reintroduction of border controls in accordance with the decision referred to in paragraph 1.
Amendment 498 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 6. Member States
Amendment 499 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2016/399 Article 28 – paragraph 6 6. Member States shall immediately notify the Commission and the other Member States in the Council of a reintroduction of border controls in accordance with the decision referred to in paragraph 1. The Commission shall immediately inform the European Parliament.
Amendment 500 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) No 2016/399 Article 28 – paragraph 7 Amendment 501 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2016/399 Article 28 – paragraph 7 7. The Commission may issue a non- binding recommendation indicating other measures as referred to in Articles 23 and 23a that could complement internal border controls
Amendment 502 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2016/399 Article 28 – paragraph 7 7. The Commission may issue a recommendation indicating other measures as referred to in Articles 23
Amendment 503 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point b Regulation (EU) 2016/399 Article 31 – paragraph 2 2. Where a Member State notifies the Commission and the other Member States of the reintroduction of border controls in accordance with Article 27(1), it
Amendment 504 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point b Regulation (EU) 2016/399 Article 31 – paragraph 2 2. Where a Member State notifies the Commission and the other Member States of the reintroduction of border controls in accordance with Article 27(1), it shall at the same time
Amendment 505 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point b Regulation (EU) No 2016/399 Article 31 – paragraph 2 2. Where a Member State notifies the Commission and the other Member States of the reintroduction of border controls in accordance with Article 27(1), it shall at the same time
Amendment 506 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point b Regulation (EU) No 2016/399 Article 31 – paragraph 2 – point a Amendment 507 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point b Regulation (EU) 2016/399 Article 31 – paragraph 2 – point a Amendment 508 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point b Regulation (EU) No 2016/399 Article 31 – paragraph 2 – point b Amendment 509 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point b Regulation (EU) 2016/399 Article 31 – paragraph 2 – point c Amendment 510 #
Amendment 511 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point b Regulation (EU) 2016/399 Article 31 – paragraph 2 – point d d
Amendment 512 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point b Regulation (EU) No 2016/399 Article 31 – paragraph 2 – point d d
Amendment 513 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point b Regulation (EU) 2016/399 Article 31 – paragraph 2 – point e Amendment 514 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point b Regulation (EU) No 2016/399 Article 31 – paragraph 2 – point e Amendment 515 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point b Regulation (EU) 2016/399 Article 31 – paragraph 2 – point e a (new) e a) the expected positive effects on the fight against cross border crime
Amendment 516 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point b Regulation (EU) No 2016/399 Article 31 – paragraph 3 – subparagraph 1 3. The provision of information may be subject to classification of information by Member States pursuant to Article 27(
Amendment 517 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point b Regulation (EU) No 2016/399 Article 31 – paragraph 3 – subparagraph 2 Amendment 518 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point b Regulation (EU) 2016/399 Article 31 – paragraph 3 – subparagraph 2 Amendment 519 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point b Regulation (EU) 2016/399 Article 31 – paragraph 3 – subparagraph 3 The classification of information
Amendment 520 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EU) 2016/399 Article 33 – paragraph 1 1. W
Amendment 521 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EU) 2016/399 Article 33 – paragraph 2 2. Without prejudice to the first paragraph 1, where border controls are prolonged as referred to in Article 25a(5), the Member State concerned shall submit a report at the expiry of
Amendment 522 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EU) 2016/399 Article 33 – paragraph 2 2. Without prejudice to the first paragraph 1, where border controls are prolonged as referred to in Article 25a(5), the Member State concerned
Amendment 523 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EU) 2016/399 Article 33 – paragraph 2 2. Without prejudice to the first paragraph 1, where border controls are prolonged as referred to in Article 25a(5), the Member State concerned shall submit a report at the expiry of
Amendment 524 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EU) No 2016/399 Article 33 – paragraph 2 2. Without prejudice to the first paragraph 1, where border controls are prolonged as referred to in Article 25a(5), the Member State concerned shall submit a report at the expiry of
Amendment 525 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EU) 2016/399 Article 33 – paragraph 2 2. Without prejudice to the first paragraph 1, where border controls are prolonged as referred to in Article 25a(5), the Member State concerned shall submit a report at the expiry of
Amendment 526 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EU) 2016/399 Article 33 – paragraph 3 Amendment 527 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EU) No 2016/399 Article 33 – paragraph 3 3. The report shall outline, in particular, the initial and follow-up assessment of the necessity
Amendment 528 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EU) 2016/399 Article 33 – paragraph 3 3. The report shall outline, in particular, the initial and follow-up assessment of the necessity of border controls and the respect of the criteria referred to in Articles 26, the operation of the checks, the practical cooperation with
Amendment 529 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EU) 2016/399 Article 33 – paragraph 4 4. The Co
Amendment 530 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EU) 2016/399 Article 33 – paragraph 5 5. The Commission may issue an opinion on that ex-post assessment of the
Amendment 531 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EU) 2016/399 Article 33 – paragraph 6 6. The Commission shall present to the European Parliament and to the Council, at least annually, a report on the functioning of the
Amendment 532 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 6. The Commission shall present to the European Parliament and to the Council, at least annually, a report on the functioning of the area without internal border control entitled (‘State of Schengen report’). The report shall include a list of all decisions to reintroduce border control at internal borders taken during the relevant year.
Amendment 533 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EU) No 2016/399 Article 33 – paragraph 6 6. The Commission shall present to the European Parliament and to the Council, at least annually, a report on the functioning of the area without internal border control entitled (‘State of Schengen report’). The report shall include a list of all decisions to reintroduce border control at internal borders taken during the
Amendment 534 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EU) 2016/399 Article 33 – paragraph 6 6. The Commission shall present to the European Parliament and to the Council, at least annually, a report on the functioning of the area without internal border control entitled (‘State of Schengen report’). The report shall include a list of all decisions to reintroduce border control at internal borders taken during the relevant year. It shall also include information on the trends within the Schengen area as regards the unauthorised movements of third country nationals, taking into account available information from
Amendment 535 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 Regulation (EU) 2016/399 Article 39 – paragraph 1 – point h h) Member States
Amendment 536 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EU) No 2016/399 Annex XI – paragraph 1 – point vi vi. Passengers travelling for
Amendment 537 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Amendment 538 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) No 2016/399 Annex XII Amendment 539 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/399 Annex XII Amendment 540 #
1. Decisions
Amendment 541 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/399 Annex XII – paragraph 3 – point f f) the Member States, country of origin or third country partner state reception centre to which the third country national was sent back.
Amendment 542 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/399 Annex XII – paragraph 4 – point d d) the Member State(s), countries of origin or transit or third country partner state reception centres to which persons were sent
Amendment 543 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/399 Annex XII – paragraph 5 5. Persons refused entry or the right to stay shall have
Amendment 544 #
Proposal for a regulation Article 2 Directive 2008/115/EC Article 6 – paragraph 3 A
Amendment 545 #
Proposal for a regulation Article 2 Directive 2008/115/EC Article 6 – paragraph 3 A
Amendment 546 #
Proposal for a regulation Article 2 – paragraph 1 Directive 2008/115/EC Article 6 – paragraph 3 3. Member States may refrain from issuing a return decision to a third-country national staying illegally on their territory if the third-country national concerned is taken back by another Member State in accordance with the procedure provided for
Amendment 547 #
Proposal for a regulation Article 2 – paragraph 1 Directive 2008/115/EC Article 6 – paragraph 3 – subparagraph 3 Member States
Amendment 548 #
Proposal for a regulation Article 3 Amendment 549 #
Proposal for a regulation Article 3 Amendment 94 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(b) and (e)
Amendment 95 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(b) and (e)
Amendment 96 #
Proposal for a regulation Recital 1 a (new) (1 a) The creation of an area guaranteeing the freedom of movement of persons across internal borders is one of the Union's major achievements. It is based on trust and solidarity between the Member States which have agreed to participate in the construction of this area and cannot be subject to the vagaries of the reintroduction of internal controls except as a last resort and only in very exceptional and duly justified circumstances subject to consultation between the States concerned and under the strict control of the Commission
Amendment 97 #
Proposal for a regulation Recital 2 (2) Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 (“Schengen Borders Code”)42
Amendment 98 #
Proposal for a regulation Recital 2 (2) Regulation
Amendment 99 #
Proposal for a regulation Recital 2 a (new) (2 a) 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. The absence of internal borders and the sharing of external borders create a common responsibility for Member States to ensure an area of freedom, security, and justice. In this respect, it is necessary to have a unified 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 collegial cooperation between the Member States concerned.
source: 739.713
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Union Code on the rules governing the movement of persons across borders (Schengen Borders Code)New
Schengen Borders Code |
commission |
|
docs/0/docs/0 |
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