35 Amendments of Fabio Massimo CASTALDO related to 2017/0245(COD)
Amendment 46 #
Proposal for a regulation
Recital -1 (new)
Recital -1 (new)
(-1) The area without internal borders permitting the free movement of persons is one of the main achievements of the EU, and its normal consolidation and operation must be an indispensable objective for the Institutions and the Member States.
Amendment 57 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Alternative measures to mitigate threats that have been identified should take precedence over the reintroduction of temporary internal border controls. These measures may be targeted and intensified police checks, greater use of existing technologies and increased cross-border cooperation both from an operational point of view and from that of the exchange of information between police and intelligence services.
Amendment 59 #
Proposal for a regulation
Recital 4
Recital 4
(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 bordein practice, internal border controls have been reintroduced for clontrols, may persist well beyondger than 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 yearcessary to ensure that this measure is not abused and remains an exception, to be used only as a last resort.
Amendment 74 #
Proposal for a regulation
Recital 5
Recital 5
(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, indicate what alternative measures have been taken and for what period of time, demonstrate that these have proven ineffective, 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 e. Each neighbouring Member State affected by such prolongation wasmust be duly consulted and involved in drawing up the risk assessment for the purpose of determining jointly the least burdensome operational arrangements.
Amendment 82 #
Proposal for a regulation
Recital 7
Recital 7
(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.
Amendment 90 #
Proposal for a regulation
Recital 8
Recital 8
(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 yearsix months. 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 twoone years.
Amendment 93 #
Proposal for a regulation
Recital 9
Recital 9
(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. Member States may not combine the measures taken in order to deal with the circumstances covered by Article 29 with measures taken pursuant to Articles 25 and 28.
Amendment 99 #
Proposal for a regulation
Recital 10
Recital 10
(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 yearsix months should be subject to a specific procedure.
Amendment 101 #
Proposal for a regulation
Recital 11
Recital 11
(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.
Amendment 110 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Council, taking account of the Commission's opinion, mayshould 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 yearsix months and hence be of the same nature as the one already provided for in Article 29.
Amendment 113 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) As referred to in Article 29, internal border controls may be reintroduced to respond to inadequacies in the management of the external borders. That article is unaffected by this change, and the procedure governing it should be kept separate from that which gives rise to the reintroduction of internal border controls in the other circumstances provided for by the Schengen Borders Code.
Amendment 116 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 25 – paragraph 1
Article 25 – 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 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, as a 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. The total period during which border controls at the internal borders are reintroduced in accordance with Articles 27, 27a and 28 may not be extended or combined with the period provided for in Article 29. The total period for which the internal border controls are reintroduced in accordance with Articles 27, 27a, 28 and 29 shall not exceed two years.
Amendment 121 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 123 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 129 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 25 – paragraph 4
Article 25 – paragraph 4
Amendment 147 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) 2016/399
Article 26
Article 26
(1a) Article 26 is replaced by the following: ‘Article 26. Criteria for the temporary reintroduction of border control at internal borders WheBefore 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 a temporary 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 t shall: (a) assess whether the temporary reintroduction of border control at internal borders is likely to resolve or mitigate the threats to its public policy or internal security. If the temporary reintroduction of internal border controls is not considered a sufficient measure to resolve or mitigate the threat, the Member State concerned should not reintroduce internal border controls; (b) assess whether measures other than the temporary reintroduction of internal border controls are likely to remedy the threat to public policy or internal security; If the Member State concerned considers that such measures as cross-border police cooperation and police checks are sufficient to address this threlation to that threat. In making such an assessment,, border controls cannot be reintroduced or prolonged and those measures must be applied; (c) assess the proportionality of the Mtember State shallporary reintroduction of internal border controls to that threat, in particular, by take the following into account: (ai) the likely impact of any threats to its public policy or internal security, including following terrorist incidents or threats and including those posterrorist threats and threats presented by organised crime; (bii) the likely impact of such a measurethe temporary reintroduction of internal border controls on free movement of persons within the area without internal border control. If the proposed internal border controls are not proportionate to the threat or have a disproportionate impact on free movement, the Member State concerned cannot reintroduce internal border controls or prolong them.” Or. it (http://eur-lex.europa.eu/legal-content/IT/TXT/PDF/?uri=CELEX:02016R0399- 20170407&from=EN)
Amendment 148 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point -i (new)
Article 1 – paragraph 1 – point 2 – point -i (new)
Regulation (EU) 2016/399
Article 27 – title
Article 27 – title
(-i) The title is replaced by the following: "Procedure for the temporary reintroduction of border control at internal borders under Article 25(1) in the event of a foreseeable serious threat to public policy or internal security"; Or. it (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02016R0399- 20170407&from=EN)
Amendment 149 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point -i (new)
Article 1 – paragraph 1 – point 2 – point -i (new)
Regulation (EU) 2016/399
Article 27 – paragraph -1 (new)
Article 27 – paragraph -1 (new)
(-i) A new paragraph -1 is inserted as follows: " -1. Where, in the area without internal border controls, a Member State observes that a serious threat to public policy or internal security exists in a Member State, and intends to reintroduce internal border controls, the Member State may reintroduce the border controls along all or along specific parts of its internal borders for a period limited to a maximum of 30 days - or for the foreseeable duration of the serious threat, if that period exceeds 30 days, but at all events for a period not exceeding two months - in exceptional circumstances, as a last resort and in accordance with the criteria set out in Article 26.”
Amendment 150 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point -i a (new)
Article 1 – paragraph 1 – point 2 – point -i a (new)
Regulation (EU) 2016/399
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
Amendment 152 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point i
Article 1 – paragraph 1 – point 2 – point i
Regulation (EU) 2016/399
Article 27 – paragraph 1 – point a a – subparagraph 1
Article 27 – paragraph 1 – point a a – subparagraph 1
a risk assessment assessing how long the identified threat is expected to persist and which sections of the internal borders are affected, demonstratexplaining twhat the prolongation of border control is a lastalternative measures to border controls have been taken and the reasort measure and explaining how border control would help addns, based on verifiable, concrete and statistical evidence, why the measuress the identified threat. Where border chave not been sufficient to mitigate the threat, demonstrol has already been reintroduced for more than six months, the risk assessment shall alsoating that the prolongation of border control is a last resort measure and explaining how the previous reintroduction of border control has contributed to remedyingborder control would help address the identified threat.
Amendment 162 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point ii
Article 1 – paragraph 1 – point 2 – point ii
Regulation (EU) 2016/399
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
(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."
Amendment 165 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point iii
Article 1 – paragraph 1 – point 2 – point iii
Regulation (EU) 2016/399
Article 27 – paragraph 1 – last sentence
Article 27 – paragraph 1 – last sentence
Amendment 166 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point iii a (new)
Article 1 – paragraph 1 – point 2 – point iii a (new)
Regulation (EU) 2016/399
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
(iiia) 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 controls 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 or in the light of any further new information which demonstrates the persistence of the serious threat, for a period which shall correspond to the foreseeable duration of the serious threat and shall not exceed four months. Such a prolongation shall be permitted on condition that alternative measures, such as cross-border police cooperation and police checks, have proven, on the basis of concrete data and evidence, to be ineffective. To that end, in addition to the information referred to in paragraph 1 of this Article, the Member State concerned shall provide the Commission and the Member States with a risk assessment, which must without fail contain the following elements: (i) an assessment of how long the threat that has been identified is likely to persist and what sections of the internal borders will be affected; (ii) alternative measures or measures taken previously to address the threat identified; (iii) an explanation of why these alternative measures have not sufficiently mitigated the threat; (iv) a demonstration that the prolongation of border controls is a last resort, and (v) an explanation of how the border controls could help to address the threat identified more effectively. This risk assessment must also include a detailed report on the cooperation that has taken place between the Member State concerned and the Member State(s) directly concerned by the reintroduction of border controls, including the Member States with which it shares the internal borders at which the border controls have been carried out. The Commission shall communicate the assessment to the European Border and Coast Guard Agency or Europol and may, if appropriate, request their opinion on the risk assessment. The Commission shall establish, in cooperation with the Member States, a uniform model for the notification and the risk assessment by means of an implementing act to be adopted in accordance with the examination procedure referred to in Article 38(2) of this Regulation.”
Amendment 169 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point iii a (new)
Article 1 – paragraph 1 – point 2 – point iii a (new)
Regulation (EU) 2016/399
Article 27 – paragraph 2
Article 27 – paragraph 2
(iiia) Article 27(2) is replaced by the following: "2. The information referred to in paragraphs 1 and 1a 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 thatose paragraphs. Or. it (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016R0399)
Amendment 170 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point iii b (new)
Article 1 – paragraph 1 – point 2 – point iii b (new)
Regulation (EU) 2016/399
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 173 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point iv
Article 1 – paragraph 1 – point 2 – point iv
Regulation (EU) 2016/399
Article 27 – paragraph 4 – subparagraph 1
Article 27 – paragraph 4 – subparagraph 1
Following notification by a Member State under paragraphs 1 and 1a and with a view to consultation provided for in paragraph 5, the Commission or any other Member State may, without prejudice to Article 72 TFEU, issue an opinion.
Amendment 176 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point iv
Article 1 – paragraph 1 – point 2 – point iv
Regulation (EU) 2016/399
Article 27 – paragraph 4 – subparagraph 2
Article 27 – paragraph 4 – subparagraph 2
Amendment 181 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point iv
Article 1 – paragraph 1 – point 2 – point iv
Regulation (EU) 2016/399
Article 27 – paragraph 4 – subparagraph 3
Article 27 – paragraph 4 – subparagraph 3
Amendment 183 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point v
Article 1 – paragraph 1 – point 2 – point v
Regulation (EU) 2016/399
Article 27 – paragraph 5
Article 27 – paragraph 5
‘The information referred to in paragraphs 1 and 1a 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, t. The consultation shall without fail 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 implementatCommission. The joint meetings shall be held with the aim of organising, if appropriate, mutual cooperation between the Member States and assessing the proportionality of the measures in relation to the events which give rise to the reintroduction of border controls and the threat to public policy or internal security. (ii) where appropriate, unannounced on-site visits by the Commission tof the mutual cooperation between the Member States shall be examined. The Member State planning to reintroduce or prolongrelevant internal borders, 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 shall take the utmost account of the results of such consultation when carrying out border controls.’ . The reports on such unannounced visits shall be communicated to the European Parliament;’
Amendment 189 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/399
Article 27 a – paragraph 1
Article 27 a – paragraph 1
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 sentence7(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 192 #
2. At the latest six weeks before the expiry of the period referred to in Article 25(4) first sentence7(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. The notification shall contain all the information required inunder Article 27(1)(a) to (e and (1a). Article 27 paragraphs 2 and 3 shall apply.
Amendment 195 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/399
Article 27 a – paragraph 3
Article 27 a – paragraph 3
3. The Commission shall issue an opinand any Member State may issue an opinion on the compliance of the proposal for prolongation with the requirements referred to in paragraphs 1 and 2 of this article and the necessity and proportionality of the proposed prolongation.
Amendment 198 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/399
Article 27 a – paragraph 4
Article 27 a – paragraph 4
4. The Council, taking dueOnce it has taken account of the opinion of the Commission, may and of the Member State(s) / the Council may, as a last resort, recommend that the Member State decide toconcerned further prolong border control at its 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 referIn its recommendation, the Council shall indicate the information referred to in Article 27(1) and (1a) and it shall lay down the conditions for cooperation between the Member States concerned. The Council may also recommend the application of alternative measures to border controls or recommend that border controls at internal borders be lifted whered to in Article 27(1) (a) to (e). Where appropriate, it shall determine the conditions for cooperation between the Member States concernedhe principles of necessity and proportionality, including their impact on free movement, have not been respected. Where appropriate, the Council may also request the Commission to monitor the implementation of prolonged border controls in accordance with Article 27(5)(ii).
Amendment 204 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/399
Article 27 a – paragraph 4 a (new)
Article 27 a – paragraph 4 a (new)
4a. This article shall be without prejudice to measures that may be adopted by Member States under exceptional circumstances in which the general functioning of the area without internal border controls is at risk as referred to in Article 29.
Amendment 205 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) 2016/399
Article 28 – paragraph 4
Article 28 – paragraph 4