37 Amendments of Anders VISTISEN related to 2017/0245(COD)
Amendment 43 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular point (e) of Article 778(2) and Article 84 thereof,
Amendment 48 #
Proposal for a regulation
Recital 1
Recital 1
(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. However, the Member States have complete sovereignty over who is allowed to enter their territory across intra-Schengen borders beside the persons having the right to move freely within the area without internal border controls.
Amendment 54 #
Proposal for a regulation
Recital 2
Recital 2
(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 area9 provides guidelines to the Member States to that end. However, the conditions such as requirement for non- discrimination severely limiting the efficiency of such measures, the internal border controls should be used when deemed less burdensome or more effective a means to addressing the threat. _________________ 8 OJ L 77, 23.3.2016, p.1. 9 C(2017) 3349 final of 12.05.2017.
Amendment 63 #
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 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 onetwo years.
Amendment 66 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) To maintain the control over large number of persons arriving to the Member States´ intra-Schengen borders, migration flows and the related enduring risk of terrorism and other serious crime should be acknowledged as legitimate reasons for reintroducing internal border controls.
Amendment 69 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) Reintroduction of internal border controls should be deemed necessary and proportionate when the influx of persons into or irregular movements within the Union puts a strain on a Member State´s capacity to manage the numbers of arrivals.
Amendment 70 #
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4c) With the rise of the phenomenon of radicalisation and recruitment by terrorist organisations of Union citizens and of other persons having the right to move freely within the area without internal border controls, reinstating internal border controls should be deemed necessary and proportionate when used against risks related to the intra-Schengen movements of persons with terrorist associations.
Amendment 73 #
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 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 shcould 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, where applicable, involved in operational arrangements. Sharing especially terrorist-related sensitive information should be subject to the Member State´s decision whether to classify parts of the information.
Amendment 77 #
Proposal for a regulation
Recital 6
Recital 6
(6) The quality of the risk assessment submitted by the Member StateEuropean Border and Coast Guard Agency and Europol as wiell 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 assessmentas the Member States affected by the planned reintroduction of internal border controls should be consulted.
Amendment 81 #
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 morOther Member States issuing an opinion should be required to provide than six months, the Commission should be obliged to issue an opiniongible proof of the disadvantages, such as considerable economic loss incurred to them by internal border control. 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. The procedures provided for in Article 27 and 27a should stress the cooperation of the Member States in the fight against common cross-border threats by considering, where appropriate, the use of concurrent internal border controls in various Member States.
Amendment 88 #
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 onetwo years. 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 twohree years.
Amendment 95 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Third-country nationals, who do not satisfy the entry conditions laid down in Article 6 of Regulation (EU) 2016/399 and who do not request asylum at the border of the Member State, irrespective of their intention to do so in another Member State, should be refused entry into the territory of the Member State.
Amendment 97 #
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 atwo years should be subject to a specific procedure.
Amendment 102 #
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, including possible concurrent introduction of internal border controls in various Member States.
Amendment 103 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 107 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Council, taking account of the Commission's opinion, may recommend such extraordinary further prolongation and where appropriate determinapprove 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 not 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.
Amendment 122 #
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
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.
Amendment 127 #
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
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 sixnine months.
Amendment 133 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
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 onetwo years.
Amendment 137 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 25 – paragraph 4 – subparagraph 2
Article 25 – paragraph 4 – subparagraph 2
In the exceptional cases referred to in Article 27a, the total period may be further extended by a maximum length of twohree years in accordance with that Article.
Amendment 145 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. The maximum periods of internal border controls referred to in this Article, Article 27a, Article 28 and Article 29 may cumulate.
Amendment 146 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 25 – paragraph 4 b (new)
Article 25 – paragraph 4 b (new)
4b. While internal border controls are in place, third-country nationals who do not satisfy the entry conditions laid down in Article 6 of this Regulation and who do not request asylum at the border of the Member State, irrespective of their intention to do so in another Member State, shall be refused entry into the territory of the Member State.
Amendment 153 #
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, 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 shallmay also explain how the previous reintroduction of border control has contributed to remedying the identified threat.
Amendment 156 #
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 2
Article 27 – paragraph 1 – point a a – subparagraph 2
The risk assessment shallmay 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.
Amendment 158 #
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 3
Article 27 – paragraph 1 – point a a – subparagraph 3
Amendment 164 #
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
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.
Amendment 174 #
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 paragraph 1 and with a view to consultation provided for in paragraph 5, the Commission or any other Member State may, after one year of internal border control and without prejudice to Article 72 TFEU, issue an opinion.
Amendment 175 #
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 a (new)
Article 27 – paragraph 4 – subparagraph 1 a (new)
Amendment 177 #
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 179 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point iv
Article 1 – paragraph 1 – point 2 – point iv
Amendment 184 #
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 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 having presented tangible proof of being 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 intern, including effective use of the bilateral readmission agreements or other arrangements between the Member States and, where appropriate, removing legal or operational barriers from cross-border cooperation and information exchanges shall borderse examined. The Member States taking part in the consultation shall take the utmost account of the results of such consultation when carrying out border controls. in accordance with their national law.
Amendment 185 #
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 – subparagraph 2 a (new)
Article 27 – paragraph 5 – subparagraph 2 a (new)
Ways to minimise the disadvantages to other Member States, including by making use of modern technologies for surveillance and detection facilitating the performance of border control shall also be subject to consultation.
Amendment 186 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/399
Article 27 a – title
Article 27 a – title
Specific procedure where the serious threat to public policy or internal security exceeds one yearpersists
Amendment 190 #
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 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.
Amendment 193 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/399
Article 27 a – paragraph 2
Article 27 a – paragraph 2
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). The risk assessment shall in particular focus on consultations and cooperation with other Member States, including, where appropriate, proposals for reintroduction of internal border controls in other Member States. Article 27 paragraphs 2 and 3 shall apply.
Amendment 196 #
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 opinionBased on the notification by the Member State, the Commission shall issue an opinion, including, where appropriate, a recommendation for other Member States to reintroduce internal border controls to strengthen the common response to the threat.
Amendment 200 #
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 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 sixtwelve months. That period may be prolonged, no more than threewo times, for a further period of up to sixtwelve 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 determinmay approve the conditions for cooperation between the Member States concerned. Before a Member State reintroduces border control at its internal borders under this paragraph, it shall notify the other Member States, the European Parliament and the Commission accordingly. In the event that the recommendation referred to in paragraph 3 is not implemented by a Member State, that Member State shall without delay inform the Commission in writing of its reasons.