11 Amendments of Jana TOOM related to 2021/0428(COD)
Amendment 109 #
Proposal for a regulation
Recital 4
Recital 4
(4) Border control at external borders is in the interest not only of the Member State at whose external borders it is carried out but of all Member States which have abolished internal border control and the Union as a whole. Member States are required to ensure high standards in management of their external borders, including through enhanced cooperation between border guards, police, customs and other relevant authorities. Member States should respect the entry conditions for third-country nationals enshrined in Article 6 and not introduce additional conditions on national level as this compromises the cohesion of the external border of the Union. Furthermore, all decisions taken regarding the refusal of entry should be done on an individual basis. The Union provides active support through the provision of financing support by the Agencies, the European Border and Coast Guard in particular and management of the Schengen Evaluation Mechanism. The rules applicable to external borders need to be reinforced in order to better respond to new challenges that have recently emerged at the external borders.
Amendment 139 #
Proposal for a regulation
Recital 12
Recital 12
(12) In particular, in a situation of instrumentalisation, it should, where necessary, be possible for the Member State concerned, to limit border traffic to the minimum by closing some border crossing points, while guaranteeing genuine and effective access to international protection procedures. Any such decision should take into account whether the European Council has acknowledged that the Union or one or more of its Member States are facing a situation of instrumentalisation of migrants. Furthermore, any such limitations should take full account of the rights of Union citizens, third country nationals who are beneficiaries of the right of free movement pursuant an international agreement and third-country nationals who are long-term residents under national or Union law or are holders of long-term visas, as well as their respective family members as well as third-country national fulfilling the entry conditions set out in Article 6(1). Such limitations should also be applied in a manner that ensures respect for obligations related to access to international protection, in particular the principle of non-refoulement.
Amendment 304 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/399
Article 5 – paragraph 4 – point b
Article 5 – paragraph 4 – point b
(b) third-country nationals who are long-term residents under Council Directive 2003/109/EC56 , persons deriving their right to reside from other instruments of Union or national law or who hold national long-term visas, as well as their respective family members and those third-country nationals fulfilling the entry conditions set out in Article 6(1); _________________ 56 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 16, 23.1.2004, p. 44).
Amendment 361 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2016/399
Article 23 – point e
Article 23 – point e
Amendment 383 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2016/399
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 392 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2016/399
Article 25a – paragraph 2
Article 25a – paragraph 2
2. The Member State shall, at the same time as reintroducing border control under paragraph 1, notify the Commission, Parliament and the other Member States of the reintroduction of border controls, in accordance with Article 27(1).
Amendment 405 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2016/399
Article 25a – paragraph 5
Article 25a – paragraph 5
5. For the purposes of paragraph 4, and without prejudice to Article 27a(4), border control at internal borders may be reintroduced for a period of up to sixthree months. Where the serious threat to public policy or internal security persists beyond that period, the Member State may prolong the border control at internal borders for renewable periods of up to sixthree months. Any prolongation shall be notified to the Commission, Parliament, and the other Member States in accordance with Article 27 and within the time limits referred to in paragraph 4. Subject to Article 27a(5), the maximum duration of border control at internal borders shall not exceed twoone years.
Amendment 410 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2016/399
Article 25a – paragraph 6
Article 25a – paragraph 6
Amendment 453 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/399
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where border controls have been in place for sixthree months in accordance with Article 25a(4), any subsequent notification for the prolongation of such controls shall include a risk assessment in accordance with Article 26(2). The risk assessment shall present the scale and anticipated evolution of the identified serious threat, in particular how long the identified serious threat is expected to persist and which sections of the internal borders may be affected, as well as information regarding coordination measures with the other Member States impacted or likely to be impacted by such measures.
Amendment 473 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2016/399
Article 27a – paragraph 3
Article 27a – paragraph 3
3. Following receipt of notifications submitted in relation to a prolongation of border control at the internal border under Article 25a(4) which leads to the continuation of border controls at internal borders for eighteensix months in total, the Commission shall issue an opinion on necessity and proportionality of such internal border controls.
Amendment 523 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) 2016/399
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Without prejudice to the first paragraph 1, where border controls are prolonged as referred to in Article 25a(5), the Member State concerned shall submit a report at the expiry of twelve months and every twelve months thereaftersix months if border control is exceptionally maintained.