Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 562/2006 in order to provide for common rules on the temporary reintroduction of border control at internal borders in exceptional circumstances
Date: 2011-09-16
Institutions: European Commission
Subjects: EU police cooperation, Frontex, Schengen Information System, border control, derogation from EU law, external border of the EU, internal border of the EU, rule under emergency powers

EUROPEAN COMMISSION 

Brussels, 16.9.2011 
COM(2011) 560 final 

2011/0242 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 562/2006 in order to provide for common rules on the 
temporary reintroduction of border control at internal borders in exceptional 
circumstances 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Schengen governance – strengthening the area without internal border control 

As  regards  the  context  and  rationale  for  the  amendments  contained  in  the  present  proposal, 
and  for  a  detailed  explanation  of  how  they  are  intended  to  function  in  practice,  reference  is 
made  to  the  Commission  Communication  to  the  European  Parliament,  the  Council,  the 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions  entitled  'Schengen 
governance  –  strengthening  the  area  without  internal  border  control',  which  is  adopted 
together with this proposal. 

1.2. 

Legislative changes 

In  order  to  provide  for  the  necessary  legal  framework  to  respond  to  the  request  of  the 
European  Council  of  23-24  June  to  provide  for  a  mechanism  to  respond  to  truly  critical 
situations,  the  Schengen  Borders  Code  established  by  Regulation  (EC)  No  562/2006  which 
lays  down,  on  the  one  hand,  the  rules  on  border  control  at  the  external  borders  and,  on  the 
other hand, provides for the abolition of border control at internal borders and the possibility 
for its reintroduction in limited cases, needs to be amended. 

Since the free movement of persons within the area without internal borders is a key Union 
achievement, the benefits of which are enjoyed by all the persons living in this area, it should 
require a decision to be taken at the Union level if this free movement is liable to be affected 
by a unilateral and sometimes opaque national decision.  

Therefore, as a general rule, the reintroduction of controls at internal borders should be based 
on a decision proposed and adopted by the Commission as an implementing act following the 
positions expressed by Member States in the examination procedure laid down by Regulation 
(EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying 
down the rules and general principles concerning mechanisms for control by Member States 
of  the  Commission's  exercise  of  implementing  powers1.  The  decision  shall  specify  where 
border  control  at  internal  borders  can  exceptionally  be  reintroduced  and  be  based  on 
renewable  periods  of  30  days,  with  a  maximum  of  six  months.  Only  in  cases  where  the 
reintroduction of border control at internal borders results from an adverse finding under the 
Schengen  evaluation  mechanism  on  account  of  a  Member  State's  persistent  failure  to 
adequately protect its section of the external border can this period be extended. 

Nevertheless,  for  unforeseeable  events,  Member  States  retain  the  possibility  to  unilaterally 
reintroduce border control at internal borders, if immediate action is needed. Such a decision 
enters into force immediately and it is notified to the Commission, the European Parliament 
and the other Member States. The reintroduction of border control at internal borders in such 
circumstances is, however, limited to five days. In such a case, the Commission may consult 
all  Member  States  in  order  to  assess  the  appropriateness  of  the  measure  taken.  Such  a 
consultation  does  not  suspend  the  decision  taken  by  the  Member  State.  If  need  be,  the 
reintroduction of border control at internal borders can be prolonged, but in that case needs to 

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OJ L 55 of 28.2.2011, p. 13. 

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be based on a Commission decision taken as implementing act via the urgency procedure laid 
down in Article 8 of the above mentioned Regulation No 182/2011.  

A  coordinated,  EU-based  response  would  allow  all  European  interests  to  be  taken  into 
account.  Such  a  response  would  address  situations  where  a  Member  State  faces  a  serious 
short-term, largely localised, threat to public policy or internal security, as well as situations 
with wider and longer-term implications. In both instances, a coordinated European response 
is  warranted,  as  it  is  inherent  in  any  decision  to  reintroduce  internal  controls  at  internal 
borders  –  even  for  a  limited  period  of  time  and  within  a  limited  geographic  area  –  that  the 
human  and  economic  implications  will  be  felt  beyond  the  Member  State  resorting  to  such 
measures.  The  case  for  such  a  coordinated  European  approach  is  all  the  more  compelling 
where a section of the external border comes under unexpected and heavy pressure, or where 
a Member State has been persistently failing to control its section of the external border, and 
where the circumstances would be such as to constitute a serious threat to public policy or to 
internal security at the Union or national level. Any decision on the reintroduction of border 
control at internal borders has a direct impact on all travellers and on the common interests of 
all Member States. 

Border  control  at  internal  borders  should  only  be  reintroduced  as  a  last  resort  in  these 
circumstances, and only until other measures have been taken to stabilise the situation at the 
relevant external border section either at the European level, in a spirit of solidarity, and/or at 
national level, to ensure better compliance with the common rules. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

In  its  Communication  on  migration2  the  Commission  suggested  the  possibility  of  the 
introduction  of  a  mechanism  allowing  for  a  decision  at  the  European  level  defining  which 
Member States would exceptionally reintroduce border control at internal borders and for how 
long.  The  Communication  contained  ideas  regarding  the  possibility  to  provide  for  a 
mechanism for responding to exceptional circumstances, including by a possible coordinated 
EU-based temporary reintroduction of border control at internal borders as a measure of last 
resort. 

These ideas were welcomed by the Justice and Home Affairs Council on 12 May 2011 and by 
the European Council in its meeting on 23-24 June 2011 where it called for a mechanism to 
be  "introduced  in  order  to  respond  to  exceptional  circumstances  putting  the  overall 
functioning  of  the  Schengen  cooperation  at  risk,  without  jeopardising  the  principle  of  free 
movement of persons." 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Article  77  (1)  and  (2)  of  the  Treaty  on  the  Functioning  of  the  European  Union  is  the  legal 
basis for the proposal. 

This proposal amends Regulation (EC) No 562/2006 of the European Parliament and of the 
Council  of  15  March  2006  establishing  a  Community  Code  on  the  rules  governing  the 

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COM (2011) 248 of 4.5.2011 

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movement  of  persons  across  borders  (Schengen  Borders  Code)  which  was  based  on  the 
equivalent provisions of the Treaty establishing the European Community, i.e. Articles 62(1) 
(internal borders) and (2)(a) (external borders) respectively. 

4. 

BUDGETARY IMPLICATION 

The proposed amendment has no implications for the EU budget. 

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2011/0242 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 562/2006 in order to provide for common rules on the 
temporary reintroduction of border control at internal borders in exceptional 
circumstances 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 77 (1) and (2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

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  European  Union.  In  such  an  area 
without  controls  at  internal  borders,  it  is  necessary  to  have  a  common  response  to 
situations  seriously  affecting  the  public  policy  or  internal  security  of  the  European 
Union or of one or more Member States by allowing for the reintroduction of border 
control at internal borders in exceptional circumstances, but without jeopardising the 
principle  of  the  free  movement  of  persons.  A  common  Union  response  is  therefore 
needed,  given  the  impact  that  such  measures  of  last  resort  may  have  on  all  persons 
having the right to circulate within this area without border control at internal borders. 

Free  movement  within  the  area  without  internal  border  controls  is  a  key  Union 
achievement. As free movement is affected by the temporary reintroduction of border 
control at internal borders, any decision to do so should be taken at the Union level. In 
any case, reintroduction of border control at internal borders should only take place as 
a  measure  of  last  resort,  for  a  strictly  limited  scope  and  period  of  time,  based  on 
specific objective criteria and on an assessment of its necessity which should be made 
at Union level. In cases where the serious threat to public policy or internal security 
requires  immediate  action,  a  Member  State  should  be  able  to  reintroduce  border 
control at its internal borders for a period not exceeding five days, any prolongation of 
which needs to be decided at Union level. 

(3)  When decisions on the reintroduction of border control at internal borders are taken, 
the necessity and proportionality of the measure should be considered compared to the 
threat to public policy or internal security triggering the request to reintroduce border 
control  at  internal  borders,  as  should  alternative  measures  which  could  be  taken  at 

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(4) 

(5) 

(6) 

(7) 

(8) 

national and/or Union level, as well as the impact of such a measure on free movement 
within the area without internal borders. 

Reintroduction of border control at internal borders might exceptionally be necessary 
in  case  of  a  serious  threat  to  public  policy  or  to  internal  security  at  the  Union  or 
national  level,  in  particular  following  terrorist  incidents  or  threats  as  well  as  threats 
posed by organised crime. 

The  situations  can  arise  where  a  large  numbers  of  third  country  nationals  cross  the 
external border of one or more Member States. This might result in an unexpected and 
significant  increase  in  secondary  movements  of  third  country  nationals  found  to  be 
irregularly  staying  in  the  territory  of  another  Member  State  or  States.  Taking  into 
account the number of Member States affected by such an unexpected and significant 
increase  in  secondary  movements,  and  the  overall  impact  of  this  increase  on  the 
migratory  situation  in  the  Union  or  in  an  individual  Member  State,  it  may  be 
considered  necessary  to  temporarily  reintroduce  border  control  at  internal  borders 
where  the  circumstances  would  be  such  as  to  constitute  a  serious  threat  to  public 
policy  or  to  internal  security  at  the  Union  or  national  level.  The  crossing  of  the 
external  border  of  a  large  number  of  third-country  nationals  might,  in  exceptional 
circumstances, justify the immediate reintroduction of some internal border controls, if 
such a measure is needed to safeguard public policy and internal security at the Union 
or national level from a serious and urgent threat. 

The  temporary  reintroduction  of  certain  controls  at  internal  borders  could  also  be  a 
response to serious deficiencies identified by Schengen evaluations in accordance with 
Article  15  of  the  Regulation  on  the  establishment  of  an  evaluation  and  monitoring 
mechanism to verify the application of the Schengen acquis, where the circumstances 
would be such as to constitute a serious threat to public policy or to internal security at 
the Union or national level. 

Before  any  decision  is  taken  on  the  temporary  reintroduction  of  certain  controls  at 
internal  borders,  the  possibility  of  resorting  to  measures  aimed  at  addressing  the 
underlying situation, including assistance by Union bodies such as Frontex or Europol, 
and technical or financial support measures at the national and/or Union level, should 
be fully explored. Moreover, any decision to reintroduce internal border control should 
be based on substantiated information, which may be provided by the Member State 
requesting the reintroduction, or come from other sources, including inspection visits. 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Regulation, 
implementing powers should be  conferred on the  Commission.  These powers should 
be  exercised  in  accordance  with  Regulation  (EU)  No  182/2011  of  the  European 
Parliament and of the Council of 16 February 2011 laying down the rules and general 
principles concerning mechanisms for control by Member States of the Commission's 
exercise  of  implementing  powers3.  Except  in  cases  of  urgency,  and  in  view  of  the 
terms  of  Article  2(2)(b)(iii)  of  that  Regulation,  the  examination  procedure  is 
applicable.  

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OJ L 55 of 28.2.2011, p. 13. 

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(9) 

(10) 

The  Commission  should  adopt  immediately  applicable  implementing  acts  where,  in 
duly justified cases related to the imminence of the threat to public policy or internal 
security at the Union or national level, imperative grounds of urgency so require. 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark,  as 
annexed to the Treaty on European Union and to the Treaty on the Functioning of the 
European  Union,  Denmark  is  not  taking  part  in  adoption  of  this  Regulation  and  is 
therefore not bound by it or subject to application thereof. Given that this Regulation 
builds  upon  the  Schengen  acquis,  under  Title  V  of  Part  Three  of  the  Treaty  on  the 
Functioning  of  the  European  Union,  Denmark  shall,  in  accordance  with  Article  4  of 
that  Protocol,  decide  within  six  months  after  adoption  of  this  Regulation  whether  it 
will implement it in its national law. 

(11)  This  Regulation  constitutes  a  development  of  provisions  of  the  Schengen  acquis,  in 
which the United Kingdom is not participating, in accordance with Council Decision 
2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great 
Britain  and  Northern  Ireland  to  take  part  in  some  of  the  provisions  of  the  Schengen 
acquis4.  The  United  Kingdom  is  therefore  not  taking  part  in  adoption  of  this 
Regulation and is not bound by it or subject to application thereof.  

(12)  This  Regulation  constitutes  a  development  of  provisions  of  the  Schengen  acquis,  in 
which Ireland is not participating, in accordance with Council Decision 2002/192/EC 
of  28  February  2002  concerning  Ireland’s  request  to  take  part  in  some  of  the 
provisions of the Schengen acquis5. Ireland is therefore not taking part in adoption of 
this Regulation and is not bound by it or subject to application thereof.  

(13)  As  regards  Iceland  and  Norway,  this  Regulation  constitutes  a  development  of 
provisions of the Schengen acquis, as provided for by the Agreement concluded by the 
Council  of  the  European  Union  and  the  Republic  of  Iceland  and  the  Kingdom  of 
Norway  concerning  the  association  of  those  two  States  with  the  implementation, 
application and development of the Schengen acquis6.  

(14)  As regards Switzerland, this Regulation constitutes a development of provisions of the 
Schengen acquis, as provided for by the Agreement between the European Union, the 
European Community and the Swiss Confederation concerning the association of the 
Swiss  Confederation  with  the  implementation,  application  and  development  of  the 
Schengen acquis7.  

(15)  As  regards  Liechtenstein,  this  Regulation  constitutes  a  development  of  provisions  of 
the Schengen acquis, as provided for by the Protocol between the European Union, the 
European  Community,  the Swiss  Confederation and the Principality  of Liechtenstein 
on  the  accession  of  the  Principality  of  Liechtenstein  to  the  Agreement  between  the 
European Union, the European Community and the Swiss Confederation on the Swiss 
Confederation’s association with the implementation, application and development of 
the Schengen acquis8. 

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OJ L 131, 1.6.2000, p. 43. 
OJ L 64, 7.3.2002, p. 20. 
OJ L 176, 10.7.1999, p. 36. 
OJ L 53, 27.2.2008, p. 52. 
OJ L 160 of 18.6.2011, p. 19. 

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(16)  As regards Cyprus, this Regulation constitutes an act building on the Schengen acquis 
or otherwise related to it, as provided for by Article 3(2) of the 2003 Act of Accession. 

(17)  As  regards  Bulgaria  and  Romania,  this  Regulation  constitutes  an  act  building  on  the 
Schengen acquis or otherwise related to it, as provided for by Article 4(2) of the 2005 
Act of Accession. 

(18)  This Regulation respects fundamental rights and observes the principles recognised in 
particular by the Charter of Fundamental Rights of the European Union, including the 
freedom  of  movement  and  of  residence.  This  Regulation  must  be  implemented 
according to those rights and principles. 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 562/2006 is amended as follows: 

(1) 

Articles 23 to 26 are replaced by the following:  

"Article 23 

General framework for the temporary reintroduction of border control at internal 
borders 

1.  Where in the area without border control at internal borders there is a serious 
threat to public policy or internal security at the Union or national level, border 
control at internal borders may exceptionally be reintroduced at all or specific 
parts  of  the  internal  borders  of  one  or  several  Member  States  for  a  limited 
period  of  no  more  than  30  days  or  for  the  foreseeable  duration  of  the  serious 
threat if its duration exceeds the period of 30 days. 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. 

2. 

3. 

4. 

Border control at internal borders may only be reintroduced in accordance with 
the  procedures  foreseen  in  Articles  24,  25  and  26  of  this  Regulation.  The 
criteria  listed  in  Article  23a  must  be  taken  into  account  in  each  case  where  a 
decision  on  the  reintroduction  of  border  control  at  internal  borders  is 
contemplated. 

If the serious threat to public policy or internal security at the Union or national 
level persists beyond the period provided for in paragraph 1, border control at 
internal  borders  may,  taking  account  of  the  criteria  listed  in  Article  23a,  be 
prolonged on the same grounds as those referred to in paragraph 1 and, taking 
into account any new elements, for renewable periods of up to 30 days.  

The total period during which border control is reintroduced at internal borders, 
on  the  basis  of  the  initial  period  under  paragraph  1  and  prolongations  under 
paragraph  3,  shall  not  exceed  six  months.  In  cases  of  persistent  serious 
deficiencies related to external border control or return procedures identified in 
accordance  with  Article  15  of  the  Regulation  on  the  establishment  of  an 

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evaluation and monitoring mechanism to verify the application of the Schengen 
acquis, the Commission can decide to extend this period.  

Article 23a 

Criteria for the temporary reintroduction of border control at internal borders 

1.  When  deciding  on  the  temporary  reintroduction  of  border  control  at  one  or 
more  internal  borders  or  parts  thereof,  the  Commission,  or  the  Member  State 
concerned in cases referred to in Article 25 paragraph 1, shall assess the extent 
to  which  such  a  measure  is  likely  to  adequately  remedy  the  threat  to  public 
policy  or  internal  security  at  the  Union  or  national  level,  and  shall  assess  the 
proportionality of the measure to that threat. This assessment shall be based on 
the detailed information submitted by the Member State(s) concerned and any 
other  relevant  information,  including  any  information  obtained  pursuant  to 
paragraph 2. In making such an assessment, the following considerations shall 
in particular be taken into account: 

(a) 

(b) 

(c) 

the likely impact of any threats to public policy or internal security at the 
Union or national level, including following terrorist incidents or threats 
as well as threats posed by organised crime; 

the availability of technical or financial support measures which could be 
or have been resorted to at the national and/or European level, including 
assistance by Union bodies such as Frontex, the EASO or Europol, and 
the  extent  to  which  such  measures  are  likely  to  adequately  remedy  the 
threats to public policy or internal security at the Union or national level; 

the current and likely future impact of any serious deficiencies related to 
external  border  control  or  return  procedures  identified  by  Schengen 
evaluations in accordance with the Regulation on the establishment of an 
evaluation  and  monitoring  mechanism  to  verify  the  application  of  the 
Schengen acquis; 

(d) 

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

2. 

Before taking a decision, the Commission may  

(a) 

(b) 

request  Member  States,  Frontex,  Europol,  Eurojust,  the  Fundamental 
Rights  Agency  or  any  other  Union  body  to  provide  it  with  further 
information, 

carry  out  inspection  visits,  with  the  support  of  experts  from  Member 
States and of Frontex, Europol and any other relevant European body, in 
order  to  obtain  or  verify  information  relevant  for  a  decision  to 
temporarily reintroduce border control at internal borders. 

Procedure for the temporary reintroduction of border control at internal borders 

Article 24 

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1.  Where a Member State considers that border control at internal borders should 
be  reintroduced  under  Article  23(1),  it  shall  submit  a  request  to  the 
Commission at the latest six 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  do  not  become  known  until  less  than  six 
weeks  before  the  planned  reintroduction,  and  shall  supply  the  following 
information: 

(a) 

the  reasons  for  the  proposed  reintroduction,  including  all  relevant  data 
detailing  the  events  that  constitute  a  serious  threat  to  public  policy  or 
internal security at the Union or national level; 

(b) 

the  scope  of  the  proposed  reintroduction,  specifying  at  which  part  or 
parts of the internal borders border control is to be reintroduced; 

(c) 

the names of the authorised crossing-points; 

(d) 

the date and duration of the proposed reintroduction; 

(e)  where appropriate, the measures to be taken by the other Member States. 

Such a request could also be submitted jointly by two or more Member States. 

2. 

3. 

4. 

The  information  referred  to  in  paragraph  1  shall  also  be  submitted  to  the 
Member States and the European Parliament at the same time as the request is 
made. 

Following a request by a Member State pursuant to paragraph 1, or on its own 
initiative  based  on  the  information  specified  in  sections  (a)  to  (e)  of  that 
paragraph, the Commission shall decide on the reintroduction of border control 
at  internal  borders.  Those  implementing  acts  shall  be  adopted  in  accordance 
with the examination procedure referred to in Article 33a (2). 

The Commission shall decide on the prolongation of border control at internal 
borders.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
examination procedure referred to in Article 33a(2).  

5.  On  duly  justified  grounds  of  urgency,  related  to  situations  where  the 
circumstances  giving  rise  to  the  need  to  prolong  border  control  at  internal 
borders, in accordance with paragraph 4, do not become known until less than 
10  days  before  the  planned  prolongation,  the  Commission  shall  adopt 
immediately  applicable  implementing  acts  in  accordance  with  the  procedure 
referred to in Article 33a (3). 

Article 25 

Specific procedure for cases requiring immediate action 

1.  Where a serious threat to public policy or internal security in a Member State 
demands  immediate  action  to  be  taken,  the  Member  State  concerned  may 
exceptionally  and  immediately  reintroduce  border  control  at  internal  borders, 
for a limited period of no more than five days.  

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2. 

3. 

1. 

2. 

3. 

The Member State reintroducing border control at internal borders shall at the 
same  time  notify  the  other  Member  States  and  the  Commission  accordingly, 
and  shall  supply  the  information  referred  to  in  Article  24  (1)  and  the  reasons 
that  justify  the  use  of  this  procedure.  The  Commission  may  consult  the  other 
Member States immediately upon receipt of the notification. 

If  the  serious  threat  to  public  policy  or  internal  national  security  persists 
beyond the period provided for in paragraph 1, the Commission shall decide on 
the  prolongation  of  the  border  control  at  internal  borders.  Given  the  need  to 
take immediate action after the expiry of the period provided for in paragraph 
1,  which  constitutes  an  imperative  ground  of  urgency,  the  Commission  shall 
adopt  immediately  applicable  implementing  acts  in  accordance  with  the 
procedure referred to in Article 33a (3). 

Article 26 

Specific procedure for cases of persistent serious deficiencies 

In  cases  where  the  Commission  finds  that  there  are  persistent  serious 
deficiencies related to external border control or return procedures identified in 
accordance  with  Article  15  of  the  Regulation  on  the  establishment  of  an 
evaluation and monitoring mechanism to verify the application of the Schengen 
acquis,  and  insofar  as  these  deficiencies  constitute  a  serious  threat  to  public 
policy  or  internal  security  at  the  Union  or  national  level,  border  control  at 
internal borders may be reintroduced for a period of no more than six months. 
This period can be prolonged by a further period of no more than six months if 
the  serious  deficiencies  are  not  remedied.  No  more  than  three  such 
prolongations will be possible. 

The Commission shall decide on the reintroduction of border control at internal 
borders.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
examination procedure referred to in Article 33a (2). 

The Commission shall decide on the prolongation of border control at internal 
borders.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
examination procedure referred to in Article 33a (2).  

4.  On  duly  justified  grounds  of  urgency,  related  to  situations  where  the 
circumstances  giving  rise  to  the  need  to  prolong  border  control  at  internal 
borders, in accordance with paragraph 3, do not become known until less than 
10  days  before  the  planned  prolongation,  the  Commission  shall  adopt 
immediately  applicable  implementing  acts  in  accordance  with  the  procedure 
referred to in Article 33a (3)." 

(2) 

Article 27 is replaced by the following: 

"Article 27 

Informing the legislators 

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The  Commission  and  the  Member  State(s)  concerned  shall  inform  the  European 
Parliament  and  the Council as soon as possible of any reasons  which might trigger 
the application of Articles 23 to 26." 

(3) 

Article 29 and 30 are replaced by the following: 

"Article 29 

Report on the reintroduction of border control at internal borders 

At  the  latest  four  weeks  after  the  lifting  of  border  control  at  internal  borders,  the 
Member State which has carried out border control at internal borders shall present a 
report  to  the  European  Parliament,  the  Council  and  the  Commission  on  the 
reintroduction  of  border  control  at  internal  borders,  outlining,  in  particular,  the 
operation of the checks and the effectiveness of the reintroduction of border control 
at internal borders. 

Article 30 

Informing the public 

The Commission shall inform the public on a decision to reintroduce border control 
at internal borders and indicate in particular the start and end date of such a measure, 
unless there are overriding security reasons for not doing so." 

(4) 

A new Article 33a is introduced: 

"Article 33a 

Committee procedure 

1. 

The Commission shall be assisted by a committee. That committee shall be a 
committee within the meaning of Regulation (EU) No 182/2011. 

2.  Where  reference  is  made  to  this  paragraph  Article  5  of  Regulation  (EU) 

No 182/2011 shall apply.  

3.  Where  reference  is  made  to  this  paragraph  Article  8  of  Regulation  (EU) 

No 182/2011, in conjunction with Article 5 thereof, shall apply." 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 2 

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This Regulation shall be binding in its entirety and directly applicable in the Member States in 
accordance with the Treaties. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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