(2)

Article 27 is amended as follows: (-i) the title is replaced by the following: ‘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’; [Am. 25] (-ia) the following 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.’; [Am. 26] (-ib) in paragraph 1, the introductory part is replaced by the following: ‘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:’; [Am. 27] (i) In paragraph 1, a new letter (aa) is added as follows: ‘(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.’ [Ams. 28 and 57] (ia) in paragraph 1, the following point is inserted: ‘(ab) any measures other than the proposed reintroduction, taken or envisaged by the Member State, to address the threat 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;’; [Am. 29] (ii) in paragraph 1, letter (e) is replaced as follows: ‘(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 concerned.’; [Am. 30] (iii) the last sentence in paragraph 1 is replaced by the following: ‘Where 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 additional further information needed to assess whether this is a last resort measure.’; [Am. 31] (iiia) the following paragraph 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.’; [Am. 32] (iiib) the following paragraph 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; (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 (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.’; [Am. 33] (iiic) paragraph 2 is replaced by the following: ‘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.’; [Am. 34] (iiid) paragraph 3 is replaced by the following: ‘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.’; [Am. 35] (iv) paragraph 4 is replaced by the following: ‘4. Following notification by a Member State under paragraph 1 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. [Am. 36] 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 aspects aspect of the notification would be appropriate, it shall issue an opinion to that effect without delay ."; [Am. 37] Where border control at internal borders has already been reintroduced for six months, the Commission shall issue an opinion.’ [Am. 38] (v) paragraph 5 is replaced by the following: ‘The information referred to in paragraph 1 paragraphs 1 and 1b 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: (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 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 Commission, which shall be held with a view to organising, where appropriate, mutual cooperation between the Member States shall be examined. The Member State planning to reintroduce or prolong and to examining the proportionality of the measures to the events giving rise to the reintroduction of border control at , 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 shall take the utmost account of the results of such consultation when carrying out 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 .’; [Am. 39]