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))
Date: 2018-11-29
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EU Member State, Schengen Agreement, area of freedom, security and justice, border control, cross-border cooperation, external border of the EU, internal border of the EU




C_2020363EN.01038501.xml










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.











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.












(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.











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.












(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.











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.














(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.











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.












(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.











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.












(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
.












(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
.












(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.











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.










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.












(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.












(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
.












(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.











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.











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.






Amendment 21


Proposal for a regulation


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







Amendments 22 and 52


Proposal for a regulation


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







Amendment 23


Proposal for a regulation


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.




 





Amendment 24


Proposal for a regulation


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:









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:




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:




 










(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;








 










(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;










 










(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:
















(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






















(b)




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












 










(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.












 




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 (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


Proposal for a regulation


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:










Procedure for the temporary reintroduction of border control at internal borders 
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


Proposal for a regulation


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.’;












Amendment 27


Proposal for a regulation


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:











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


Proposal for a regulation


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:










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.’











 





Amendment 29


Proposal for a regulation


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

Regulation (EU) 2016/399
Article 27 — paragraph 1 — point a b (new)







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;’















Amendment 30


Proposal for a regulation


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
.












(e)


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









Amendment 31


Proposal for a regulation


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.





Amendment 32


Proposal for a regulation


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.’












Amendment 33


Proposal for a regulation


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;














(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.’;











Amendment 34


Proposal for a regulation


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:











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


Proposal for a regulation


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:











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


Proposal for a regulation


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.





Amendment 37


Proposal for a regulation


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
.





Amendment 38


Proposal for a regulation


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







Amendment 39


Proposal for a regulation


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;










 










(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
.









Amendment 40


Proposal for a regulation


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
.





Amendment 41


Proposal for a regulation


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.






Amendment 42


Proposal for a regulation


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.






Amendment 43


Proposal for a regulation


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.








Amendment 44


Proposal for a regulation


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.






Amendments 45 and 66


Proposal for a regulation


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:










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


Proposal for a regulation


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.’;












Amendment 67


Proposal for a regulation


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.’











Amendment 47


Proposal for a regulation


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:










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


Proposal for a regulation


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).









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

(8)  OJ L 77, 23.3.2016, p. 1.

(9)  C(2017)3349 final of 12.05.2017.

(8)  OJ L 77, 23.3.2016, p. 1.

(9)  C(2017)3349 final of 12.05.2017.