# C_2020363EN.01038501.xml

| 28.10.2020 | EN | Official Journal of the European Union | C 363/385 |
| --- | --- | --- | --- |

28.10.2020

EN

Official Journal of the European Union

C 363/385

---

P8_TA(2018)0472

Temporary reintroduction of border control at internal borders ***I

Amendments adopted by the European Parliament on 29 November 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/399 as regards the rules applicable to the temporary reintroduction of border control at internal borders (COM(2017)0571 — C8-0326/2017 — 2017/0245(COD)) (1)

(Ordinary legislative procedure: first reading)

(2020/C 363/44)

Amendment 1

Proposal for a regulation

Recital - 1 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (-1) | The creation of an area in which the free movement of persons across internal borders is ensured is one of the main achievements of the Union. The normal functioning and strengthening of such an area, which is based on trust and solidarity, should be a common objective of the Union and the Member States which have agreed to take part in it. At the same time, it is necessary to have a common response to situations seriously affecting the public policy or internal security of that area, or parts thereof, by allowing for the temporary reintroduction of border control at internal borders in exceptional circumstances and as a last resort, while strengthening cooperation between the Member States concerned. |

Text proposed by the Commission

Amendment

(-1)

The creation of an area in which the free movement of persons across internal borders is ensured is one of the main achievements of the Union. The normal functioning and strengthening of such an area, which is based on trust and solidarity, should be a common objective of the Union and the Member States which have agreed to take part in it. At the same time, it is necessary to have a common response to situations seriously affecting the public policy or internal security of that area, or parts thereof, by allowing for the temporary reintroduction of border control at internal borders in exceptional circumstances and as a last resort, while strengthening cooperation between the Member States concerned.

Amendment 2

Proposal for a regulation

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | In an area where persons may move freely, the reintroduction of border control at internal borders should remain an exception.
  The
  reintroduction of internal border control should be
  decided
  only as a measure of last resort, for a limited period of time and to the extent that controls are necessary and proportionate to the identified serious threats to public policy or internal security. |

Text proposed by the Commission

Amendment

(1)

In an area where persons may move freely, the reintroduction of border control at internal borders should remain an exception.
  The
  reintroduction of internal border control should be
  decided
  only as a measure of last resort, for a limited period of time and to the extent that controls are necessary and proportionate to the identified serious threats to public policy or internal security.

| (1) | In an area where persons may move freely, the reintroduction of border control at internal borders should remain an exception.
  As the free movement of persons is affected by the temporary
  reintroduction of internal border control
  , it
  should be
  reintroduced
  only as a measure of last resort, for a limited period of time and to the extent that controls are necessary and proportionate to the identified serious threats to public policy or internal security.
  Any such measure should be withdrawn as soon as the underlying grounds for it cease to exist. |
| --- | --- |

(1)

In an area where persons may move freely, the reintroduction of border control at internal borders should remain an exception.
  As the free movement of persons is affected by the temporary
  reintroduction of internal border control
  , it
  should be
  reintroduced
  only as a measure of last resort, for a limited period of time and to the extent that controls are necessary and proportionate to the identified serious threats to public policy or internal security.
  Any such measure should be withdrawn as soon as the underlying grounds for it cease to exist.

Amendment 3

Proposal for a regulation

Recital 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1a) | Migration and the crossing of external borders by a large number of third-country nationals should not, per se, be considered to be a threat to public policy or internal security. |

Text proposed by the Commission

Amendment

(1a)

Migration and the crossing of external borders by a large number of third-country nationals should not, per se, be considered to be a threat to public policy or internal security.

Amendment 4

Proposal for a regulation

Recital 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | The identified serious threats can be addressed by different measures, depending on their nature and scale. The Member States have at their disposal
  also
  police powers, as referred to in Article 23 of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (8), which, subject to some conditions, can be used in
  the
  border areas. The Commission Recommendation on proportionate police checks and police cooperation in the Schengen area (9) provides guidelines to the Member States to that end. |

Text proposed by the Commission

Amendment

(2)

The identified serious threats can be addressed by different measures, depending on their nature and scale. The Member States have at their disposal
  also
  police powers, as referred to in Article 23 of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (8), which, subject to some conditions, can be used in
  the
  border areas. The Commission Recommendation on proportionate police checks and police cooperation in the Schengen area (9) provides guidelines to the Member States to that end.

| (2) | The identified serious threats can be addressed by different measures depending on their nature and scale.
  While it remains clear that police powers are different in their nature and purpose from border control,
  the Member States have at their disposal
  those
  police powers, as referred to in Article 23 of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (8) which, subject to some conditions, can be used in border areas. The Commission Recommendation on proportionate police checks and police cooperation in the Schengen area (9) provides guidelines to the Member States to that end. |
| --- | --- |

(2)

The identified serious threats can be addressed by different measures depending on their nature and scale.
  While it remains clear that police powers are different in their nature and purpose from border control,
  the Member States have at their disposal
  those
  police powers, as referred to in Article 23 of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (8) which, subject to some conditions, can be used in border areas. The Commission Recommendation on proportionate police checks and police cooperation in the Schengen area (9) provides guidelines to the Member States to that end.

Amendment 5

Proposal for a regulation

Recital 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (2a) | 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, where necessary and justified, consider using more effectively or intensifying police checks within its territory, including in border areas and main transport routes, on the basis of a risk assessment, while ensuring that those police checks do not have border control as an objective. Modern technologies are 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 and intelligence services. |

Text proposed by the Commission

Amendment

(2a)

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, where necessary and justified, consider using more effectively or intensifying police checks within its territory, including in border areas and main transport routes, on the basis of a risk assessment, while ensuring that those police checks do not have border control as an objective. Modern technologies are 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 and intelligence services.

Amendment 6

Proposal for a regulation

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | However, experience has shown that certain serious threats to public policy or internal security
  , such as cross-border terrorist threats or specific cases of secondary movements of irregular migrants within the Union that justified
  the reintroduction of border
  controls, may persist well beyond the above periods
  . It is therefore
  needed and justified
  to adjust the time limits applicable to the temporary reintroduction of border control
  to the current needs
  , while ensuring that this measure is not abused and remains an exception, to be used only as a last resort.
  To that end, the general deadline applicable under Article 25 of the Schengen Borders Code should be extended to one year. |

Text proposed by the Commission

Amendment

(4)

However, experience has shown that certain serious threats to public policy or internal security
  , such as cross-border terrorist threats or specific cases of secondary movements of irregular migrants within the Union that justified
  the reintroduction of border
  controls, may persist well beyond the above periods
  . It is therefore
  needed and justified
  to adjust the time limits applicable to the temporary reintroduction of border control
  to the current needs
  , while ensuring that this measure is not abused and remains an exception, to be used only as a last resort.
  To that end, the general deadline applicable under Article 25 of the Schengen Borders Code should be extended to one year.

| (4) | However, experience has shown that
  there is rarely a need to reintroduce border control at internal borders for periods of longer than two months. In exceptional circumstances only,
  certain serious threats to public policy or internal security
  might persist beyond the maximum periods of six months currently authorised for
  the reintroduction of border
  control at internal borders
  . It is therefore
  necessary
  to adjust the time limits applicable to the temporary reintroduction of border control, while ensuring that this measure is not abused and remains an exception, to be used only as a last resort. |
| --- | --- |

(4)

However, experience has shown that
  there is rarely a need to reintroduce border control at internal borders for periods of longer than two months. In exceptional circumstances only,
  certain serious threats to public policy or internal security
  might persist beyond the maximum periods of six months currently authorised for
  the reintroduction of border
  control at internal borders
  . It is therefore
  necessary
  to adjust the time limits applicable to the temporary reintroduction of border control, while ensuring that this measure is not abused and remains an exception, to be used only as a last resort.

Amendment 7

Proposal for a regulation

Recital 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4 a) A | ny 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. |

Text proposed by the Commission

Amendment

(4 a) A

ny 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 8

Proposal for a regulation

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | In order to guarantee that these internal border controls remain an exception, Member States should submit a risk assessment concerning the intended
  reintroduction
  of border control
  or prolongation thereof
  . The risk assessment should, in particular, assess for how long the identified threat is expected to persist and which sections of the internal borders are affected, demonstrate that the prolongation of border controls is a last resort
  measure
  and explain how border control would help in addressing the identified threat.
  In case of internal border control going beyond six months,
  the risk assessment should also demonstrate retrospectively the efficiency 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. |

Text proposed by the Commission

Amendment

(5)

In order to guarantee that these internal border controls remain an exception, Member States should submit a risk assessment concerning the intended
  reintroduction
  of border control
  or prolongation thereof
  . The risk assessment should, in particular, assess for how long the identified threat is expected to persist and which sections of the internal borders are affected, demonstrate that the prolongation of border controls is a last resort
  measure
  and explain how border control would help in addressing the identified threat.
  In case of internal border control going beyond six months,
  the risk assessment should also demonstrate retrospectively the efficiency 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.

| (5) | In order to guarantee that these internal border controls
  are a measure of last resort and
  remain an exception, Member States should submit a risk assessment concerning the intended
  prolongation
  of border control
  beyond two months
  . The risk assessment should, in particular, assess for how long the identified threat is expected to persist and which sections of the internal borders are affected, demonstrate that the prolongation of border controls is a 
  measure of
  last resort
  , in particular by showing that any alternative measures have proven or are deemed insufficient,
  and explain how border control would help in addressing the identified threat. The risk assessment should also demonstrate retrospectively 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.
  The Member States should retain the possibility to classify, where necessary, all or parts of the information provided. |
| --- | --- |

(5)

In order to guarantee that these internal border controls
  are a measure of last resort and
  remain an exception, Member States should submit a risk assessment concerning the intended
  prolongation
  of border control
  beyond two months
  . The risk assessment should, in particular, assess for how long the identified threat is expected to persist and which sections of the internal borders are affected, demonstrate that the prolongation of border controls is a 
  measure of
  last resort
  , in particular by showing that any alternative measures have proven or are deemed insufficient,
  and explain how border control would help in addressing the identified threat. The risk assessment should also demonstrate retrospectively 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.
  The Member States should retain the possibility to classify, where necessary, all or parts of the information provided.

Amendment 9

Proposal for a regulation

Recital 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5a) | Whenever the reintroduction of internal border control is proposed for specific planned events of an exceptional nature and duration, such as sporting activities, the duration of such control should be very precise, circumscribed and linked to the actual duration of the event. |

Text proposed by the Commission

Amendment

(5a)

Whenever the reintroduction of internal border control is proposed for specific planned events of an exceptional nature and duration, such as sporting activities, the duration of such control should be very precise, circumscribed and linked to the actual duration of the event.

Amendment 10

Proposal for a regulation

Recital 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (6) | The quality of the risk assessment submitted by the Member State will be very important for the assessment of the necessity and proportionality of the intended reintroduction or prolongation of border control. The European Border and Coast Guard Agency
  and
  Europol should be involved in that assessment. |

Text proposed by the Commission

Amendment

(6)

The quality of the risk assessment submitted by the Member State will be very important for the assessment of the necessity and proportionality of the intended reintroduction or prolongation of border control. The European Border and Coast Guard Agency
  and
  Europol should be involved in that assessment.

| (6) | The quality of the risk assessment submitted by the Member State will be very important for the assessment of the necessity and proportionality of the intended reintroduction or prolongation of border control. The European Border and Coast Guard Agency, Europol
  , the European Asylum Support Office, 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
  should be involved in that assessment. |
| --- | --- |

(6)

The quality of the risk assessment submitted by the Member State will be very important for the assessment of the necessity and proportionality of the intended reintroduction or prolongation of border control. The European Border and Coast Guard Agency, Europol
  , the European Asylum Support Office, 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
  should be involved in that assessment.

Amendment 11

Proposal for a regulation

Recital 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | The power of the Commission to issue an opinion under Article 27(4) of the Schengen Borders Code should be modified to reflect the new obligations on the Member States related to the risk assessment, including the cooperation with Member States concerned. When border control at internal borders is carried out for more than six months, the Commission should be obliged to issue an opinion. Also
  the consultation procedure as provided for in Article 27(5) of the Schengen Borders Code should be modified in order to reflect the role of the Agencies
  (European Border and Coast Guard Agency and Europol)
  and focus on the practical implementation of different aspects of cooperation between the Member States
  , including the coordination, where appropriate, of different measures on both sides of the border
  . |

Text proposed by the Commission

Amendment

(7)

The power of the Commission to issue an opinion under Article 27(4) of the Schengen Borders Code should be modified to reflect the new obligations on the Member States related to the risk assessment, including the cooperation with Member States concerned. When border control at internal borders is carried out for more than six months, the Commission should be obliged to issue an opinion. Also
  the consultation procedure as provided for in Article 27(5) of the Schengen Borders Code should be modified in order to reflect the role of the Agencies
  (European Border and Coast Guard Agency and Europol)
  and focus on the practical implementation of different aspects of cooperation between the Member States
  , including the coordination, where appropriate, of different measures on both sides of the border
  .

| (7) | The consultation procedure as provided for in Article 27(5) of the Schengen Borders Code should be modified in order to reflect the role of the
  Union
  Agencies and focus on the practical implementation of different aspects of cooperation between the Member States. |
| --- | --- |

(7)

The consultation procedure as provided for in Article 27(5) of the Schengen Borders Code should be modified in order to reflect the role of the
  Union
  Agencies and focus on the practical implementation of different aspects of cooperation between the Member States.

Amendment 12

Proposal for a regulation

Recital 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (8) | In order to make the revised rules better adapted to the challenges related to persistent serious threats to public policy or internal security, a specific possibility should be provided to prolong internal border controls beyond
  one year
  . Such prolongation should accompany commensurate exceptional national measures also taken within the territory to address the threat, such as a state of emergency. In any case, such a possibility should not lead to the further prolongation of temporary internal border controls beyond
  two years
  . |

Text proposed by the Commission

Amendment

(8)

In order to make the revised rules better adapted to the challenges related to persistent serious threats to public policy or internal security, a specific possibility should be provided to prolong internal border controls beyond
  one year
  . Such prolongation should accompany commensurate exceptional national measures also taken within the territory to address the threat, such as a state of emergency. In any case, such a possibility should not lead to the further prolongation of temporary internal border controls beyond
  two years
  .

| (8) | In order to make the revised rules better adapted to the challenges related to persistent serious threats to public policy or internal security, a specific possibility should be provided to prolong internal border controls beyond
  six months on an exceptional basis
  . Such prolongation should accompany commensurate exceptional national measures also taken within the territory to address the threat, such as a state of emergency. In any case, such a possibility should not lead to the further prolongation of temporary internal border controls beyond
  one year
  . |
| --- | --- |

(8)

In order to make the revised rules better adapted to the challenges related to persistent serious threats to public policy or internal security, a specific possibility should be provided to prolong internal border controls beyond
  six months on an exceptional basis
  . Such prolongation should accompany commensurate exceptional national measures also taken within the territory to address the threat, such as a state of emergency. In any case, such a possibility should not lead to the further prolongation of temporary internal border controls beyond
  one year
  .

Amendment 13

Proposal for a regulation

Recital 8 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (8a) | The necessity and proportionality of reintroducing internal border control should be balanced against the threat to public policy or internal security triggering the need for such reintroduction, as should alternative measures which could be taken at national or Union level, or both, and the impact of such control on the free movement of persons within the area without internal border control. |

Text proposed by the Commission

Amendment

(8a)

The necessity and proportionality of reintroducing internal border control should be balanced against the threat to public policy or internal security triggering the need for such reintroduction, as should alternative measures which could be taken at national or Union level, or both, and the impact of such control on the free movement of persons within the area without internal border control.

Amendment 14

Proposal for a regulation

Recital 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | The reference to Article 29 in Article 25(4) should be modified with a view of clarifying the relation between the time periods applicable under Article 29 and Article 25 of the Schengen Borders Code. |

Text proposed by the Commission

Amendment

(9)

The reference to Article 29 in Article 25(4) should be modified with a view of clarifying the relation between the time periods applicable under Article 29 and Article 25 of the Schengen Borders Code.

deleted

Amendment 15

Proposal for a regulation

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | The possibility to carry out temporary internal border controls in response to a specific threat to public policy or internal security which persists beyond
  a year
  should be subject to a specific procedure. |

Text proposed by the Commission

Amendment

(10)

The possibility to carry out temporary internal border controls in response to a specific threat to public policy or internal security which persists beyond
  a year
  should be subject to a specific procedure.

| (10) | The possibility to carry out temporary internal border controls in response to a specific threat to public policy or internal security which persists beyond
  six months
  should be subject to a specific procedure
  requiring a Council recommendation
  . |
| --- | --- |

(10)

The possibility to carry out temporary internal border controls in response to a specific threat to public policy or internal security which persists beyond
  six months
  should be subject to a specific procedure
  requiring a Council recommendation
  .

Amendment 16

Proposal for a regulation

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | To that end, the Commission should issue an opinion on the necessity and proportionality of such prolongation
  and, where appropriate, on the cooperation with the neighbouring
  Member States. |

Text proposed by the Commission

Amendment

(11)

To that end, the Commission should issue an opinion on the necessity and proportionality of such prolongation
  and, where appropriate, on the cooperation with the neighbouring
  Member States.

| (11) | To that end, the Commission should issue an opinion on the necessity and proportionality of such prolongation
  . The European Parliament should immediately be informed about the proposed prolongation. The
  Member States
  affected should have the possibility to make observations to the Commission before it issues its opinion
  . |
| --- | --- |

(11)

To that end, the Commission should issue an opinion on the necessity and proportionality of such prolongation
  . The European Parliament should immediately be informed about the proposed prolongation. The
  Member States
  affected should have the possibility to make observations to the Commission before it issues its opinion
  .

Amendment 17

Proposal for a regulation

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | The Council, taking account of the Commission's opinion, may recommend such extraordinary further prolongation and where appropriate
  determine
  the conditions for cooperation between the Member States concerned, with a view to ensuring that it is an exceptional measure, in place only for as long as necessary and justified, and consistent with the measures also taken at the national level within the territory to address the same specific threat to public policy or internal security. The Council recommendation should be a prerequisite for any further prolongation beyond the period of
  one year and hence be of the same nature as the one already provided for in Article 29
  . |

Text proposed by the Commission

Amendment

(13)

The Council, taking account of the Commission's opinion, may recommend such extraordinary further prolongation and where appropriate
  determine
  the conditions for cooperation between the Member States concerned, with a view to ensuring that it is an exceptional measure, in place only for as long as necessary and justified, and consistent with the measures also taken at the national level within the territory to address the same specific threat to public policy or internal security. The Council recommendation should be a prerequisite for any further prolongation beyond the period of
  one year and hence be of the same nature as the one already provided for in Article 29
  .

| (13) | The Council, taking account of the Commission's opinion, may recommend such extraordinary further prolongation and where appropriate
  lay down
  the conditions for cooperation between the Member States concerned, with a view to ensuring that it is an exceptional measure, in place only for as long as necessary and justified, and consistent with the measures also taken at the national level within the territory to address the same specific threat to public policy or internal security. The Council recommendation should be a prerequisite for any further prolongation beyond the period of
  six months. The Council recommendation should be immediately forwarded to the European Parliament
  . |
| --- | --- |

(13)

The Council, taking account of the Commission's opinion, may recommend such extraordinary further prolongation and where appropriate
  lay down
  the conditions for cooperation between the Member States concerned, with a view to ensuring that it is an exceptional measure, in place only for as long as necessary and justified, and consistent with the measures also taken at the national level within the territory to address the same specific threat to public policy or internal security. The Council recommendation should be a prerequisite for any further prolongation beyond the period of
  six months. The Council recommendation should be immediately forwarded to the European Parliament
  .

Amendment 18

Proposal for a regulation

Recital 13 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13a) | Measures taken under the specific procedure where exceptional circumstances put the overall functioning of the area without internal border control at risk should not be prolonged by virtue of, or combined with, measures taken under another procedure for the reintroduction or prolongation of internal border control as provided for in Regulation (EU) 2016/399. |

Text proposed by the Commission

Amendment

(13a)

Measures taken under the specific procedure where exceptional circumstances put the overall functioning of the area without internal border control at risk should not be prolonged by virtue of, or combined with, measures taken under another procedure for the reintroduction or prolongation of internal border control as provided for in Regulation (EU) 2016/399.

Amendment 19

Proposal for a regulation

Recital 13 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13b) | Where it considers that a Member State has failed to fulfil its obligations under the Treaties, the Commission should, as the guardian of the Treaties that oversees the application of Union law, take appropriate measures in accordance with Article 258 of the Treaty on the Functioning of the European Union, including by bringing the matter before the Court of Justice of the European Union. |

Text proposed by the Commission

Amendment

(13b)

Where it considers that a Member State has failed to fulfil its obligations under the Treaties, the Commission should, as the guardian of the Treaties that oversees the application of Union law, take appropriate measures in accordance with Article 258 of the Treaty on the Functioning of the European Union, including by bringing the matter before the Court of Justice of the European Union.

Amendment 20

Proposal for a regulation

Article 1 — paragraph 1 — point 1

Regulation (EU) 2016/399

Article 25 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders for a limited period
  of up to 30 days, or for the foreseeable duration of the serious threat if its duration exceeds 30 days, but not exceeding six months
  . The scope and duration of the temporary reintroduction of border control at internal borders shall not exceed what is strictly necessary to respond to the serious threat. | 1.   Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders for a limited period
  as a measure of last resort
  . The scope and duration of the temporary reintroduction of border control at internal borders shall not exceed what is strictly necessary to respond to the serious threat. |

Text proposed by the Commission

Amendment

1.   Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders for a limited period
  of up to 30 days, or for the foreseeable duration of the serious threat if its duration exceeds 30 days, but not exceeding six months
  . The scope and duration of the temporary reintroduction of border control at internal borders shall not exceed what is strictly necessary to respond to the serious threat.

1.   Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders for a limited period
  as a measure of last resort
  . The scope and duration of the temporary reintroduction of border control at internal borders shall not exceed what is strictly necessary to respond to the serious threat.

Amendment 21

Amendment 21

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 1

Article 1 — paragraph 1 — point 1

Regulation (EU) 2016/399

Article 25 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.
     
  Border control at internal borders shall only be reintroduced as a last resort, and in accordance with Articles 27, 27a, 28 and 29. The criteria referred to, respectively, in Articles 26 and 30 shall be taken into account in each case where a decision on reintroduction of border control at internal borders is considered pursuant, respectively, to Article 27, 27a, 28 or 29. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.
     
  Border control at internal borders shall only be reintroduced as a last resort, and in accordance with Articles 27, 27a, 28 and 29. The criteria referred to, respectively, in Articles 26 and 30 shall be taken into account in each case where a decision on reintroduction of border control at internal borders is considered pursuant, respectively, to Article 27, 27a, 28 or 29.

deleted

deleted

Amendments 22 and 52

Amendments 22 and 52

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 1

Article 1 — paragraph 1 — point 1

Regulation (EU) 2016/399

Article 25 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.
     
  If the serious threat to public policy or internal security in the Member State concerned persists beyond the period provided for in paragraph 1 of this Article, that Member State may prolong border control at its internal borders, taking account of the criteria referred to in Article 26 and in accordance with Article 27, on the same grounds as those referred to in paragraph 1 of this Article and, taking into account any new elements, for renewable periods corresponding to the foreseeable duration of the serious threat and not exceeding six months. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.
     
  If the serious threat to public policy or internal security in the Member State concerned persists beyond the period provided for in paragraph 1 of this Article, that Member State may prolong border control at its internal borders, taking account of the criteria referred to in Article 26 and in accordance with Article 27, on the same grounds as those referred to in paragraph 1 of this Article and, taking into account any new elements, for renewable periods corresponding to the foreseeable duration of the serious threat and not exceeding six months.

deleted

deleted

Amendment 23

Amendment 23

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 1

Article 1 — paragraph 1 — point 1

Regulation (EU) 2016/399

Article 25 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| The total period during which border control is reintroduced at internal borders, including any prolongation provided for under paragraph 3 of this Article, shall not exceed one year. | deleted |
| In the exceptional cases referred to in Article 27a, the total period may be further extended by a maximum length of two years in accordance with that Article. | |
| Where there are exceptional circumstances as referred to in Article 29, the total period may be extended by a maximum length of two years, in accordance with paragraph 1 of that Article. | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The total period during which border control is reintroduced at internal borders, including any prolongation provided for under paragraph 3 of this Article, shall not exceed one year.

The total period during which border control is reintroduced at internal borders, including any prolongation provided for under paragraph 3 of this Article, shall not exceed one year.

deleted

deleted

In the exceptional cases referred to in Article 27a, the total period may be further extended by a maximum length of two years in accordance with that Article.

In the exceptional cases referred to in Article 27a, the total period may be further extended by a maximum length of two years in accordance with that Article.

Where there are exceptional circumstances as referred to in Article 29, the total period may be extended by a maximum length of two years, in accordance with paragraph 1 of that Article.

Where there are exceptional circumstances as referred to in Article 29, the total period may be extended by a maximum length of two years, in accordance with paragraph 1 of that Article.

Amendment 24

Amendment 24

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 1 a (new)

Article 1 — paragraph 1 — point 1 a (new)

Regulation (EU) 2016/399

Article 26

| Present text | Amendment |
| --- | --- |
| | (1 a) | Article 26 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(1 a)

(1 a)

Article 26 is replaced by the following:

Article 26

‘Article 26

Criteria for the temporary reintroduction of border control at internal borders

Criteria for the temporary reintroduction of border control at internal borders

Where
  a Member State decides, as a last resort, on the temporary reintroduction of border control
  at one
  or more of its internal borders or at parts thereof, or decides to prolong such reintroduction
  , in accordance with Article 25 or Article 28(1)
  , it shall assess
  the extent to which such a measure is
  likely to
  adequately
  remedy the threat to public policy or internal security
  , and shall assess
  the proportionality of the
  measure
  in relation to
  that
  threat
  . In making such an assessment, the Member State shall,
  in particular
  , take the following
  into account:

Where

at one

, in accordance with Article 25 or Article 28(1)

the extent to which such a measure is

adequately

, and shall assess

measure

that

. In making such an assessment, the Member State shall,

, take the following

Before
  a Member State decides, as a 
  measure of
  last resort, on the temporary reintroduction of border control
  at one
  or more of its internal borders or at parts thereof, or decides to prolong such
  a temporary
  reintroduction, it shall assess:

Before

measure of

at one

a temporary

| (a) | whether the temporary reintroduction of border control at internal borders can be considered
  likely to
  sufficiently
  remedy the threat to public policy or internal security; |
| --- | --- |

(a)

(a)

whether the temporary reintroduction of border control at internal borders can be considered
  likely to
  sufficiently
  remedy the threat to public policy or internal security;

whether the temporary reintroduction of border control at internal borders can be considered

sufficiently

| (b) | whether measures other than the temporary reintroduction of border control at internal borders, such as enhanced cross-border police cooperation or intensified police checks, are likely to sufficiently remedy the threat to public policy or internal security; |
| --- | --- |

(b)

(b)

whether measures other than the temporary reintroduction of border control at internal borders, such as enhanced cross-border police cooperation or intensified police checks, are likely to sufficiently remedy the threat to public policy or internal security;

whether measures other than the temporary reintroduction of border control at internal borders, such as enhanced cross-border police cooperation or intensified police checks, are likely to sufficiently remedy the threat to public policy or internal security;

| (c) | the proportionality of the
  temporary reintroduction of border control at internal borders
  in relation to
  the
  threat
  to public policy or internal security,
  in particular
  by taking
  into account: |
| --- | --- |

(c)

(c)

the proportionality of the
  temporary reintroduction of border control at internal borders
  in relation to
  the
  threat
  to public policy or internal security,
  in particular
  by taking
  into account:

temporary reintroduction of border control at internal borders

the

to public policy or internal security,

by taking

| (a) | the likely impact of any threats to its public policy or internal security, including following terrorist incidents or threats and including those posed by organised crime; |
| --- | --- |

(a)

(a)

the likely impact of any threats to its public policy or internal security, including following terrorist incidents or threats and including those posed by organised crime;

| | (i) | the likely impact of any threats to its public policy or internal security, including following terrorist incidents or threats and including those posed by organised crime;
  and |
| --- | --- | --- |

(i)

(i)

the likely impact of any threats to its public policy or internal security, including following terrorist incidents or threats and including those posed by organised crime;
  and

and

| (b) | the likely impact of
  such a measure on
  free movement of persons within the area without internal border control. |
| --- | --- |

(b)

(b)

the likely impact of
  such a measure on
  free movement of persons within the area without internal border control.

such a measure on

| | (ii) | the likely impact of the
  temporary reintroduction of border control at internal borders
  on the free movement of persons within the area without internal border control. |
| --- | --- | --- |

(ii)

(ii)

the likely impact of the
  temporary reintroduction of border control at internal borders
  on the free movement of persons within the area without internal border control.

temporary reintroduction of border control at internal borders

Where a Member State assesses under point (a) of the first subparagraph that the temporary reintroduction of internal border control is not likely to sufficiently remedy the threat to public policy or internal security, it shall not reintroduce internal border control.

Where a Member State assesses under point (a) of the first subparagraph that the temporary reintroduction of internal border control is not likely to sufficiently remedy the threat to public policy or internal security, it shall not reintroduce internal border control.

Where a Member State assesses under point (b) of the first subparagraph that measures other than the temporary reintroduction of internal border control are likely to sufficiently remedy the threat to public policy or internal security, it shall not reintroduce or prolong internal border control and shall take those other measures.

Where a Member State assesses under point (b) of the first subparagraph that measures other than the temporary reintroduction of internal border control are likely to sufficiently remedy the threat to public policy or internal security, it shall not reintroduce or prolong internal border control and shall take those other measures.

Where a Member State assesses under point (c) of the first subparagraph that the proposed reintroduction of internal border control is not proportionate to the threat, it shall not reintroduce or prolong internal border control.’;

Where a Member State assesses under point (c) of the first subparagraph that the proposed reintroduction of internal border control is not proportionate to the threat, it shall not reintroduce or prolong internal border control.’;

Amendment 25

Amendment 25

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point -i (new)

Article 1 — paragraph 1 — point 2 — point -i (new)

Regulation (EU) 2016/399

Article 27 — title

| Present text | Amendment |
| --- | --- |
| | (-i) | the title is replaced by the following: |

Present text

Present text

Amendment

Amendment

(-i)

(-i)

the title is replaced by the following:

the title is replaced by the following:

Procedure for the temporary reintroduction of border control at internal borders
  under Article 25

under Article 25

‘Procedure for the temporary reintroduction of border control at internal borders
  in the event of a foreseeable serious threat to public policy or internal security
  ’;

Amendment 26

Amendment 26

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point -i a (new)

Article 1 — paragraph 1 — point 2 — point -i a (new)

Regulation (EU) 2016/399

Article 27 — paragraph - 1 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (-ia) | in Article 27, a following new paragraph is inserted before paragraph 1:





  ‘-1.
     
  Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may, as a measure of last resort and in accordance with the criteria laid down in Article 26, reintroduce border control at all or specific parts of its internal borders for a limited period of up to 30 days or, if the serious threat persists beyond 30 days, for the foreseeable duration of the serious threat but, in any event, for no longer than two months.’; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(-ia)

(-ia)

in Article 27, a following new paragraph is inserted before paragraph 1:

in Article 27, a following new paragraph is inserted before paragraph 1:

‘-1.
     
  Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may, as a measure of last resort and in accordance with the criteria laid down in Article 26, reintroduce border control at all or specific parts of its internal borders for a limited period of up to 30 days or, if the serious threat persists beyond 30 days, for the foreseeable duration of the serious threat but, in any event, for no longer than two months.’;

Amendment 27

Amendment 27

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point -i b (new)

Article 1 — paragraph 1 — point 2 — point -i b (new)

Regulation (EU) 2016/399

Article 27 — paragraph 1 — introductory part

| Present text | Amendment |
| --- | --- |
| | (-ib) | in paragraph 1, the introductory part is replaced by the following: |

Present text

Present text

Amendment

Amendment

(-ib)

(-ib)

in paragraph 1, the introductory part is replaced by the following:

in paragraph 1, the introductory part is replaced by the following:

1.   
  Where a Member State plans to reintroduce border control at internal borders under Article 25, it
  shall notify the other Member States and the Commission at the latest four weeks before the planned reintroduction, or within a shorter period where the circumstances giving rise to the need to reintroduce border control at internal borders become known less than four weeks before the planned reintroduction. To that end, the Member State shall supply the following information:

‘1.   
  For the purposes of paragraph - 1, the Member State concerned
  shall notify the other Member States and the Commission at the latest four weeks before the planned reintroduction, or within a shorter period where the circumstances giving rise to the need to reintroduce border control at internal borders become known less than four weeks before the planned reintroduction. To that end, the Member State shall supply the following information:’;

Amendments 28 and 57

Amendments 28 and 57

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point i

Article 1 — paragraph 1 — point 2 — point i

Regulation (EU) 2016/399

Article 27 — paragraph 1 — point aa

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | In paragraph 1, a new letter (aa) is added as follows: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

(i)

In paragraph 1, a new letter (aa) is added as follows:

In paragraph 1, a new letter (aa) is added as follows:

deleted

deleted

| | ‘(aa) | a risk assessment assessing how long the identified threat is expected to persist and which sections of the internal borders are affected, demonstrating that the prolongation of border control is a last resort measure and explaining how border control would help address the identified threat. Where border control has already been reintroduced for more than six months, the risk assessment shall also explain how the previous reintroduction of border control has contributed to remedying the identified threat.



  The risk assessment shall also contain a detailed report of the coordination which took place between the Member State concerned and the Member State or Member States with which it shares internal borders at which border control has been performed.


  The Commission shall share the risk assessment with the European Border and Coast Guard Agency and Europol, as appropriate.’ |
| --- | --- | --- |

‘(aa)

‘(aa)

a risk assessment assessing how long the identified threat is expected to persist and which sections of the internal borders are affected, demonstrating that the prolongation of border control is a last resort measure and explaining how border control would help address the identified threat. Where border control has already been reintroduced for more than six months, the risk assessment shall also explain how the previous reintroduction of border control has contributed to remedying the identified threat.

a risk assessment assessing how long the identified threat is expected to persist and which sections of the internal borders are affected, demonstrating that the prolongation of border control is a last resort measure and explaining how border control would help address the identified threat. Where border control has already been reintroduced for more than six months, the risk assessment shall also explain how the previous reintroduction of border control has contributed to remedying the identified threat.

The risk assessment shall also contain a detailed report of the coordination which took place between the Member State concerned and the Member State or Member States with which it shares internal borders at which border control has been performed.

The Commission shall share the risk assessment with the European Border and Coast Guard Agency and Europol, as appropriate.’

Amendment 29

Amendment 29

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point i a (new)

Article 1 — paragraph 1 — point 2 — point i a (new)

Regulation (EU) 2016/399

Article 27 — paragraph 1 — point a b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (i a) | In paragraph 1, the following point (ab) is inserted:










  ‘(ab) | any measures other than the proposed reintroduction, taken or envisaged by the Member State, to address the threat to public policy or internal security as well as the evidence-based reason as to why alternative measures, such as enhanced cross-border police cooperation and police checks, were deemed insufficient;’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i a)

(i a)

In paragraph 1, the following point (ab) is inserted:

In paragraph 1, the following point (ab) is inserted:

‘(ab)

‘(ab)

any measures other than the proposed reintroduction, taken or envisaged by the Member State, to address the threat to public policy or internal security as well as the evidence-based reason as to why alternative measures, such as enhanced cross-border police cooperation and police checks, were deemed insufficient;’

any measures other than the proposed reintroduction, taken or envisaged by the Member State, to address the threat to public policy or internal security as well as the evidence-based reason as to why alternative measures, such as enhanced cross-border police cooperation and police checks, were deemed insufficient;’

Amendment 30

Amendment 30

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point ii

Article 1 — paragraph 1 — point 2 — point ii

Regulation (EU) 2016/399

Article 27 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | where appropriate, the measures to be taken by the other Member States as agreed prior to the temporary reintroduction of border control at internal borders
  concerned
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

where appropriate, the measures to be taken by the other Member States as agreed prior to the temporary reintroduction of border control at internal borders
  concerned
  .

concerned

| (e) | where appropriate, the measures to be taken by the other Member States as agreed prior to the temporary reintroduction of border control at
  the relevant
  internal borders." |
| --- | --- |

(e)

where appropriate, the measures to be taken by the other Member States as agreed prior to the temporary reintroduction of border control at
  the relevant
  internal borders."

the relevant

Amendment 31

Amendment 31

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point iii

Article 1 — paragraph 1 — point 2 — point iii

Regulation (EU) 2016/399

Article 27 — paragraph 1 — last sentence

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where
  necessary, the Commission may request additional information from the Member State(s) concerned, including on the cooperation with the Member States affected by the planned prolongation of border control at internal borders as well as
  additional
  information needed to assess whether this is a last resort measure. | If
  necessary, the Commission may request additional information from the Member State(s) concerned, including on the cooperation with the Member States affected by the planned
  reintroduction or
  prolongation of border control at internal borders as well as
  further
  information needed to assess whether this is a last resort measure. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where
  necessary, the Commission may request additional information from the Member State(s) concerned, including on the cooperation with the Member States affected by the planned prolongation of border control at internal borders as well as
  additional
  information needed to assess whether this is a last resort measure.

Where

additional

If
  necessary, the Commission may request additional information from the Member State(s) concerned, including on the cooperation with the Member States affected by the planned
  reintroduction or
  prolongation of border control at internal borders as well as
  further
  information needed to assess whether this is a last resort measure.

If

reintroduction or

further

Amendment 32

Amendment 32

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point iii a (new)

Article 1 — paragraph 1 — point 2 — point iii a (new)

Regulation (EU) 2016/399

Article 27 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (iii a) | the following paragraph 1a is inserted:





  ‘1a.
     
  If the serious threat to public policy or internal security in the Member State concerned persists beyond two months, that Member State may prolong border control at its internal borders, taking into account the criteria laid down in Article 26, on the same grounds as those referred to in paragraph - 1 of this Article and, taking into account any new elements, for a period which shall correspond to the foreseeable duration of the serious threat and shall not, in any event, exceed four months. The Member State concerned shall notify the other Member States and the Commission within the time period referred to in paragraph 1.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iii a)

(iii a)

the following paragraph 1a is inserted:

the following paragraph 1a is inserted:

‘1a.
     
  If the serious threat to public policy or internal security in the Member State concerned persists beyond two months, that Member State may prolong border control at its internal borders, taking into account the criteria laid down in Article 26, on the same grounds as those referred to in paragraph - 1 of this Article and, taking into account any new elements, for a period which shall correspond to the foreseeable duration of the serious threat and shall not, in any event, exceed four months. The Member State concerned shall notify the other Member States and the Commission within the time period referred to in paragraph 1.’

Amendment 33

Amendment 33

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point iii b (new)

Article 1 — paragraph 1 — point 2 — point iii b (new)

Regulation (EU) 2016/399

Article 27 — paragraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (iii b) | the following paragraph 1b is inserted:





  ‘1b.
     
  For the purposes of paragraph 1a, in addition to the information provided under paragraph 1, the Member State concerned shall provide a risk assessment which shall:










  (i) | assess how long the identified threat is expected to persist and which section of its internal borders is affected; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iii b)

(iii b)

the following paragraph 1b is inserted:

the following paragraph 1b is inserted:

‘1b.
     
  For the purposes of paragraph 1a, in addition to the information provided under paragraph 1, the Member State concerned shall provide a risk assessment which shall:

(i)

assess how long the identified threat is expected to persist and which section of its internal borders is affected;

| (ii) | outline the alternative actions or measures previously introduced to address the identified threat; |
| --- | --- |

(ii)

outline the alternative actions or measures previously introduced to address the identified threat;

| (iii) | explain why the alternative actions or measures referred to in point (ii) did not sufficiently remedy the identified threat; |
| --- | --- |

(iii)

explain why the alternative actions or measures referred to in point (ii) did not sufficiently remedy the identified threat;

| (iv) | demonstrate that the prolongation of border control is a last resort; and |
| --- | --- |

(iv)

demonstrate that the prolongation of border control is a last resort; and

| (v) | explain how border control would better help address the identified threat. |
| --- | --- |

(v)

explain how border control would better help address the identified threat.

The risk assessment referred to in the first subparagraph shall also contain a detailed report of the cooperation which took place between the Member State concerned and the Member State or Member States directly affected by the reintroduction of border control, including those Member States with which the Member State concerned shares internal borders at which border control is performed.

The Commission shall share the risk assessment with the Agency and Europol and may request, where appropriate, their views thereon.

The Commission is empowered to adopt delegated acts in accordance with Article 37 supplementing this Regulation by adopting the methodology for the risk assessment.’;

The Commission is empowered to adopt delegated acts in accordance with Article 37 supplementing this Regulation by adopting the methodology for the risk assessment.’;

Amendment 34

Amendment 34

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point iii c (new)

Article 1 — paragraph 1 — point 2 — point iii c (new)

Regulation (EU) 2016/399

Article 27 — paragraph 2

| Present text | Amendment |
| --- | --- |
| | (iii c) | paragraph 2 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(iii c)

(iii c)

paragraph 2 is replaced by the following:

paragraph 2 is replaced by the following:

2.   The information referred to in
  paragraph
  1 shall be submitted to the European Parliament and to the Council at the same time as it is notified to the other Member States and to the Commission pursuant to
  that paragraph
  .

2.   The information referred to in
  paragraphs 1 and 1b
  shall be submitted to the European Parliament and to the Council at the same time as it is notified to the other Member States and to the Commission pursuant to
  those paragraphs
  .

Amendment 35

Amendment 35

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point iii d (new)

Article 1 — paragraph 1 — point 2 — point iii d (new)

Regulation (EU) 2016/399

Article 27 — paragraph 3

| Present text | Amendment |
| --- | --- |
| | (iii d) | paragraph 3 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(iii d)

(iii d)

paragraph 3 is replaced by the following:

paragraph 3 is replaced by the following:

3.   Member States
  making
  a notification
  under paragraph 1
  may, where necessary and in accordance with national law,
  decide to classify
  parts of the information. Such classification shall not preclude 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 under this Article shall comply with rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission.

‘3.   Member States
  submitting
  a notification may
  classify
  , where necessary and in accordance with national law,
  all or
  parts of the information
  referred to in paragraphs 1 and 1b
  . 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 control at internal borders and
  shall not preclude 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 under this Article shall comply with rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission.’;

Amendment 36

Amendment 36

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point iv

Article 1 — paragraph 1 — point 2 — point iv

Regulation (EU) 2016/399

Article 27 — paragraph 4 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Following notification by a Member State under
  paragraph 1
  and with a view to consultation provided for in paragraph 5, the Commission or any other Member State may, without prejudice to Article 72 TFEU, issue an opinion. | Following notification by a Member State under
  paragraphs 1 and 1a
  and with a view to consultation provided for in paragraph 5, the Commission or any other Member State may, without prejudice to Article 72 TFEU, issue an opinion. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Following notification by a Member State under
  paragraph 1
  and with a view to consultation provided for in paragraph 5, the Commission or any other Member State may, without prejudice to Article 72 TFEU, issue an opinion.

paragraph 1

Following notification by a Member State under
  paragraphs 1 and 1a
  and with a view to consultation provided for in paragraph 5, the Commission or any other Member State may, without prejudice to Article 72 TFEU, issue an opinion.

paragraphs 1 and 1a

Amendment 37

Amendment 37

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point iv

Article 1 — paragraph 1 — point 2 — point iv

Regulation (EU) 2016/399

Article 27 — paragraph 4 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where the Commission has concerns as regards the necessity or proportionality of the planned reintroduction of border control at internal borders or where it considers that a consultation on some
  aspects
  of the notification would be appropriate, it shall issue an opinion to that effect. | Where
  , based on the information contained in the notification or on any additional information it has received,
  the Commission has concerns as regards the necessity or proportionality of the planned reintroduction of border control at internal borders, or where it considers that a consultation on some
  aspect
  of the notification would be appropriate, it shall issue an opinion to that effect
  without delay
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where the Commission has concerns as regards the necessity or proportionality of the planned reintroduction of border control at internal borders or where it considers that a consultation on some
  aspects
  of the notification would be appropriate, it shall issue an opinion to that effect.

aspects

Where
  , based on the information contained in the notification or on any additional information it has received,
  the Commission has concerns as regards the necessity or proportionality of the planned reintroduction of border control at internal borders, or where it considers that a consultation on some
  aspect
  of the notification would be appropriate, it shall issue an opinion to that effect
  without delay
  .

, based on the information contained in the notification or on any additional information it has received,

aspect

without delay

Amendment 38

Amendment 38

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point iv

Article 1 — paragraph 1 — point 2 — point iv

Regulation (EU) 2016/399

Article 27 — paragraph 4 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where border control at internal borders has already been reintroduced for six months, the Commission shall issue an opinion. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where border control at internal borders has already been reintroduced for six months, the Commission shall issue an opinion.

Where border control at internal borders has already been reintroduced for six months, the Commission shall issue an opinion.

deleted

deleted

Amendment 39

Amendment 39

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point v

Article 1 — paragraph 1 — point 2 — point v

Regulation (EU) 2016/399

Article 27 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| The information referred to in
  paragraph 1
  and any Commission or Member State opinion referred to in paragraph 4 shall be the subject of a consultation
  led by the Commission
  .
  Where appropriate,
  the consultation shall include joint meetings between the Member State planning to reintroduce border control at internal borders, the other Member States, especially those directly affected by such measures and the
  relevant Agencies. The proportionality of the intended measures, the identified threat to public policy or internal security as well as the ways of ensuring implementation of the
  mutual cooperation between the Member States
  shall be examined. The Member State planning to reintroduce or prolong
  border control
  at
  internal borders
  shall take the utmost account of the results of such consultation when carrying out
  border controls. | The information referred to in
  paragraphs 1 and 1b
  and any Commission or Member State opinion referred to in paragraph 4 shall be the subject of a consultation. The consultation shall include: |
| | (i) | joint meetings between the Member State planning to reintroduce border control at internal borders, the other Member States, especially those directly affected by such measures, and the
  Commission, which shall be held with a view to organising, where appropriate,
  mutual cooperation between the Member States
  and to examining the proportionality of the measures to the events giving rise to the reintroduction of
  border control
  , including any possible alternative measures, and the threat to public policy or internal security; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The information referred to in
  paragraph 1
  and any Commission or Member State opinion referred to in paragraph 4 shall be the subject of a consultation
  led by the Commission
  .
  Where appropriate,
  the consultation shall include joint meetings between the Member State planning to reintroduce border control at internal borders, the other Member States, especially those directly affected by such measures and the
  relevant Agencies. The proportionality of the intended measures, the identified threat to public policy or internal security as well as the ways of ensuring implementation of the
  mutual cooperation between the Member States
  shall be examined. The Member State planning to reintroduce or prolong
  border control
  at
  internal borders
  shall take the utmost account of the results of such consultation when carrying out
  border controls.

paragraph 1

led by the Commission

Where appropriate,

relevant Agencies. The proportionality of the intended measures, the identified threat to public policy or internal security as well as the ways of ensuring implementation of the

shall be examined. The Member State planning to reintroduce or prolong

at

shall take the utmost account of the results of such consultation when carrying out

The information referred to in
  paragraphs 1 and 1b
  and any Commission or Member State opinion referred to in paragraph 4 shall be the subject of a consultation. The consultation shall include:

paragraphs 1 and 1b

(i)

(i)

joint meetings between the Member State planning to reintroduce border control at internal borders, the other Member States, especially those directly affected by such measures, and the
  Commission, which shall be held with a view to organising, where appropriate,
  mutual cooperation between the Member States
  and to examining the proportionality of the measures to the events giving rise to the reintroduction of
  border control
  , including any possible alternative measures, and the threat to public policy or internal security;

Commission, which shall be held with a view to organising, where appropriate,

and to examining the proportionality of the measures to the events giving rise to the reintroduction of

, including any possible alternative measures, and the threat to public policy or internal security;

| (ii) | where appropriate, unannounced on-site visits by the Commission to the relevant
  internal borders
  and, where appropriate, with the support of experts from Member States and from the Agency, Europol or any other relevant Union body, office or agency, to assess the effectiveness of
  border controls
  at those internal borders and the compliance with this Regulation; the reports of such unannounced on-site visits shall be transmitted to the European Parliament
  . |
| --- | --- |

(ii)

(ii)

where appropriate, unannounced on-site visits by the Commission to the relevant
  internal borders
  and, where appropriate, with the support of experts from Member States and from the Agency, Europol or any other relevant Union body, office or agency, to assess the effectiveness of
  border controls
  at those internal borders and the compliance with this Regulation; the reports of such unannounced on-site visits shall be transmitted to the European Parliament
  .

where appropriate, unannounced on-site visits by the Commission to the relevant

and, where appropriate, with the support of experts from Member States and from the Agency, Europol or any other relevant Union body, office or agency, to assess the effectiveness of

at those internal borders and the compliance with this Regulation; the reports of such unannounced on-site visits shall be transmitted to the European Parliament

Amendment 40

Amendment 40

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3

Article 1 — paragraph 1 — point 3

Regulation (EU) 2016/399

Article 27a — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Specific procedure where the serious threat to public policy or internal security exceeds
  one year
  . | Specific procedure where the serious threat to public policy or internal security exceeds
  six months
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Specific procedure where the serious threat to public policy or internal security exceeds
  one year
  .

one year

Specific procedure where the serious threat to public policy or internal security exceeds
  six months
  .

six months

Amendment 41

Amendment 41

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3

Article 1 — paragraph 1 — point 3

Regulation (EU) 2016/399

Article 27a — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   In exceptional
  cases
  , where the Member State is confronted with the same serious threat to public policy or internal security beyond the period referred to in Article
  25(4) first sentence
  , and where commensurate exceptional national measures are also taken within the territory to address this threat, the border control as temporarily reintroduced to respond to that threat may be further prolonged in accordance with this Article. | 1.   In exceptional
  circumstances
  , where the Member State is confronted with the same serious threat to public policy or internal security beyond the period referred to in Article
  27(1a)
  , and where commensurate exceptional national measures are also taken within the territory to address this threat, the border control as temporarily reintroduced to respond to that threat may be further prolonged in accordance with this Article. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   In exceptional
  cases
  , where the Member State is confronted with the same serious threat to public policy or internal security beyond the period referred to in Article
  25(4) first sentence
  , and where commensurate exceptional national measures are also taken within the territory to address this threat, the border control as temporarily reintroduced to respond to that threat may be further prolonged in accordance with this Article.

1.   In exceptional
  circumstances
  , where the Member State is confronted with the same serious threat to public policy or internal security beyond the period referred to in Article
  27(1a)
  , and where commensurate exceptional national measures are also taken within the territory to address this threat, the border control as temporarily reintroduced to respond to that threat may be further prolonged in accordance with this Article.

Amendment 42

Amendment 42

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3

Article 1 — paragraph 1 — point 3

Regulation (EU) 2016/399

Article 27a — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   At the latest
  six
  weeks before the expiry of the period referred to in Article
  25(4) first sentence
  , the Member State shall notify the other Member States and the Commission that it seeks a further prolongation in accordance with the specific procedure laid down in this Article.
  The
  notification shall contain the information required
  in
  Article
  27(1)(a) to (e)
  . Article
  27 paragraphs 2 and 3
  shall apply. | 2.   At the latest
  three
  weeks before the expiry of the period referred to in Article
  27(1a)
  , the Member State shall notify the other Member States and the Commission that it seeks a further prolongation in accordance with the specific procedure laid down in this Article.
  This
  notification shall contain
  all
  the information required
  under
  Article
  27(1) and (1b)
  . Article
  27(2) and (3)
  shall apply. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   At the latest
  six
  weeks before the expiry of the period referred to in Article
  25(4) first sentence
  , the Member State shall notify the other Member States and the Commission that it seeks a further prolongation in accordance with the specific procedure laid down in this Article.
  The
  notification shall contain the information required
  in
  Article
  27(1)(a) to (e)
  . Article
  27 paragraphs 2 and 3
  shall apply.

2.   At the latest
  three
  weeks before the expiry of the period referred to in Article
  27(1a)
  , the Member State shall notify the other Member States and the Commission that it seeks a further prolongation in accordance with the specific procedure laid down in this Article.
  This
  notification shall contain
  all
  the information required
  under
  Article
  27(1) and (1b)
  . Article
  27(2) and (3)
  shall apply.

Amendment 43

Amendment 43

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3

Article 1 — paragraph 1 — point 3

Regulation (EU) 2016/399

Article 27a — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Commission shall issue an opinion. | 3.   The Commission shall issue an opinion
  on whether the proposed prolongation fulfils the requirements set out in paragraphs 1 and 2 and on the necessity and the proportionality of the proposed prolongation
  .
  The Member States affected may make observations to the Commission before it issues that opinion. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The Commission shall issue an opinion.

3.   The Commission shall issue an opinion
  on whether the proposed prolongation fulfils the requirements set out in paragraphs 1 and 2 and on the necessity and the proportionality of the proposed prolongation
  .
  The Member States affected may make observations to the Commission before it issues that opinion.

Amendment 44

Amendment 44

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3

Article 1 — paragraph 1 — point 3

Regulation (EU) 2016/399

Article 27a — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   
  The Council, taking due account of
  the opinion of the Commission,
  may
  recommend that the Member State
  decide to
  further prolong border control at internal borders for a 
  period of up to six months. That period may be prolonged, no more than three times, for a further
  period of up to six months. In its recommendation, the Council shall
  at least
  indicate the information referred to in Article 27(1)
  (a) to (e). Where appropriate,
  it shall
  determine
  the conditions for cooperation between the Member States concerned. | 4.   
  Once it has taken
  the opinion of the Commission
  into account
  ,
  the Council may, as a last resort,
  recommend that the Member State
  concerned
  further prolong border control at
  its
  internal borders for a period of up to six months. In its recommendation, the Council shall indicate the information referred to in Article 27(1)
  and (1b) and
  it shall
  lay down
  the conditions for cooperation between the Member States concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   
  The Council, taking due account of
  the opinion of the Commission,
  may
  recommend that the Member State
  decide to
  further prolong border control at internal borders for a 
  period of up to six months. That period may be prolonged, no more than three times, for a further
  period of up to six months. In its recommendation, the Council shall
  at least
  indicate the information referred to in Article 27(1)
  (a) to (e). Where appropriate,
  it shall
  determine
  the conditions for cooperation between the Member States concerned.

4.   
  Once it has taken
  the opinion of the Commission
  into account
  ,
  the Council may, as a last resort,
  recommend that the Member State
  concerned
  further prolong border control at
  its
  internal borders for a period of up to six months. In its recommendation, the Council shall indicate the information referred to in Article 27(1)
  and (1b) and
  it shall
  lay down
  the conditions for cooperation between the Member States concerned.

Amendments 45 and 66

Amendments 45 and 66

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 a (new)

Article 1 — paragraph 1 — point 3 a (new)

Regulation (EU) 2016/399

Article 28 — paragraph 4

| Present text | Amendment |
| --- | --- |
| | (3a) | in Article 28, paragraph 4 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3a)

(3a)

in Article 28, paragraph 4 is replaced by the following:

4.   
  Without prejudice to Article 25(4),
  the total period during which border control is reintroduced at internal borders, on the basis of the initial period under paragraph 1 of this Article and any prolongations under paragraph 3 of this Article, shall not exceed two months.

‘4.   The total period during which border control is reintroduced at internal borders, on the basis of the initial period under paragraph 1 of this Article and any prolongations under paragraph 3 of this Article, shall not exceed two months.’;

Amendment 46

Amendment 46

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 b (new)

Article 1 — paragraph 1 — point 3 b (new)

Regulation (EU) 2016/399

Article 28a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3b) | a new Article 28a is inserted:




  ‘Article 28a




  Calculation of the period during which border control is reintroduced or prolonged due to a foreseen threat to public policy or internal security, where the serious threat to public policy or internal security exceeds six months and in cases requiring immediate action




  Any reintroduction or prolongation of border controls at internal borders made before ... [the date of entry into force of this Regulation] shall be included in the calculation of the periods referred to in Articles 27, 27a and 28.’; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3b)

(3b)

a new Article 28a is inserted:

‘Article 28a

Calculation of the period during which border control is reintroduced or prolonged due to a foreseen threat to public policy or internal security, where the serious threat to public policy or internal security exceeds six months and in cases requiring immediate action

Any reintroduction or prolongation of border controls at internal borders made before ... [the date of entry into force of this Regulation] shall be included in the calculation of the periods referred to in Articles 27, 27a and 28.’;

Amendment 67

Amendment 67

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 c (new)

Article 1 — paragraph 1 — point 3 c (new)

Regulation (EU) 2016/399

Article 29 — paragraph 1 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3c) | in Article 29(1), the following subparagraph is added:



  ‘The criteria referred to in Article 30 shall be taken into account in each case where a decision on the temporary reintroduction or prolongation of border control at internal borders is considered pursuant to this Article.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3c)

(3c)

in Article 29(1), the following subparagraph is added:

‘The criteria referred to in Article 30 shall be taken into account in each case where a decision on the temporary reintroduction or prolongation of border control at internal borders is considered pursuant to this Article.’

‘The criteria referred to in Article 30 shall be taken into account in each case where a decision on the temporary reintroduction or prolongation of border control at internal borders is considered pursuant to this Article.’

Amendment 47

Amendment 47

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 d (new)

Article 1 — paragraph 1 — point 3 d (new)

Regulation (EU) 2016/399

Article 29 — paragraph 5

| Present text | Amendment |
| --- | --- |
| | (3d) | in Article 29, paragraph 5 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3d)

(3d)

in Article 29, paragraph 5 is replaced by the following:

5.   This Article shall be without prejudice to measures that may be adopted by the Member States in the event of a serious threat to public policy or internal security under Articles
  25, 27
  and 28.

‘5.   This Article shall be without prejudice to measures that may be adopted by the Member States in the event of a serious threat to public policy or internal security under Articles
  27, 27a
  and 28.
  However, the total period during which border control at internal borders is reintroduced or prolonged under this Article shall not be prolonged by virtue of, or combined with, measures taken under Article 27, 27a or 28.’.

Amendment 69

Amendment 69

Proposal for a regulation

Proposal for a regulation

Article 1 a (new)

Article 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 1a




  This Regulation shall apply to notifications made by Member States pursuant to Article 27 of the Schengen Borders Code from ... [the date of entry into force of this Regulation].




  Any period of ongoing notification for reintroduction or prolongation of border control at internal borders which will have passed before ... [the entry into force of this Regulation] shall be taken into account in the calculation of the period referred to in Article 28(4). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 1a

This Regulation shall apply to notifications made by Member States pursuant to Article 27 of the Schengen Borders Code from ... [the date of entry into force of this Regulation].

Any period of ongoing notification for reintroduction or prolongation of border control at internal borders which will have passed before ... [the entry into force of this Regulation] shall be taken into account in the calculation of the period referred to in Article 28(4).

---

(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0356/2018).

1

(8)  OJ L 77, 23.3.2016, p. 1.

8

(9)  C(2017)3349 final of 12.05.2017.

9

(8)  OJ L 77, 23.3.2016, p. 1.

8

(9)  C(2017)3349 final of 12.05.2017.

9

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