24 Amendments of Brice HORTEFEUX related to 2017/0245(COD)
Amendment 44 #
Proposal for a regulation
Recital -1 (new)
Recital -1 (new)
(-1) The creation of an area in which the free movement of persons is ensured is one of the European Union’s main achievements. However, the persistent cross-border terrorist threat, the massive influx of migrants and the failure to establish the common European asylum system have laid bare the Schengen area’s operational limitations. In this context, the rules governing the temporary reintroduction of border control at internal borders and the prolongation thereof need to be clarified and the arrangements duly adapted, while stressing the need for cooperation between Member States.
Amendment 49 #
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 exceptionbe permitted when justified by exceptional circumstances. 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 identified, such as a terrorist threat or cross-border crime.
Amendment 52 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The irregular crossing of external borders by a large number of third- country nationals and secondary movements may also constitute exceptional circumstances where the overall functioning of the area without internal borders control is put at risk and may, therefore, represent a threat to public order or internal security in this area or in sections thereof.
Amendment 53 #
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. The exercise of police powers may be used to supplement internal border controls. However, pursuant to Article 23 of the Schengen Borders Code, this cannot substitute border controls, as their nature and purpose are different. _________________ 8 OJ L 77, 23.3.2016, p. 1. 9 C(2017) 3349 final, 12.5.2017.
Amendment 64 #
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 75 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to guarantee that these internal border controls remain an exception, Member States should have the option of submitting a risk assessment, if the Commission or one third of the Member States so requests concerning the intended reintroduction of border control or prolongation thereof. Such a risk assessment should be mandatory whenever an extension of more than six months is considered. 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 ofWhenever internal border control going beyons exceed 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.
Amendment 79 #
Proposal for a regulation
Recital 6
Recital 6
(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 involvedfree to participate in that assessment.
Amendment 89 #
(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 94 #
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, Article 27(a) and Article 25 of the Schengen Borders Code.
Amendment 96 #
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 104 #
Proposal for a regulation
Recital 12
Recital 12
(12) In view of the nature of such measures, which touch on national executive and enforcement powers regarding serious threats to public policy or internal security, implementingthe powers to adopt recommendations under this specific procedureoppose this extension by ‘reinforced’ qualified majority voting should exceptionally be conferred on the Council.
Amendment 105 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Council, taking account of the Commission's opinion, may recommendoppose 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 aif the risk assessment fails to demonstrate that this exceptional measure will not be excessive and is 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.
Amendment 111 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The total period during which border control at internal borders is reintroduced or prolonged under Articles 25, 27, 27(a), 28 and 29 should in principle not be cumulative as the circumstances justifying the reintroduction or extension of internal border control vary from case to case. It is therefore not necessary to set a maximum total cumulative period in the event that the periods laid down in several or all of the procedures are added together. Similarly, the entry into force of this Regulation should be without prejudice to existing internal border control measures.
Amendment 115 #
Proposal for a regulation
Recital 14
Recital 14
(14) Since the objective of this Regulation, namely allowing the prolongation in exceptional cases of reintroduced border controls at specific section(s) of the internal borders for the time period necessary for a Member State to adequately respond to a persistent threat of a cross-border nature, is to complement the current rules on temporary reintroduction of border controls at internal borders, it cannot be achieved byif Member States acting alonfail to cooperate; an amendment of the common rules established at Union level is necessary. Thus, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 131 #
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 1
Article 25 – paragraph 4 – subparagraph 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 138 #
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 142 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399
Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399
Where there are exceptional circumstances as referred to in Article 29, the total period may be extended by a maximum length of twohree years, in accordance with paragraph 1 of that Article.
Amendment 151 #
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
Article 27 – paragraph 1 – point a a
Amendment 167 #
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 is added: ‘(1a) The Member State may, at the request of the Commission or one third of the Member States, provide a risk assessment. To that end, the Member State shall supply the following information: (a) an estimate of the likely duration of the persistent threat identified, (b) which sections of the internal borders are affected, (c) proof that the prolongation of border controls is a last resort, (d) a detailed explanation of how border controls would better help address the identified threat. ’
Amendment 168 #
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 1 b (new)
Article 27 – paragraph 1 b (new)
Amendment 178 #
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
Where the Commission has, on the basis of the information contained in the notification, the risk assessment or any additional information it has received, 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.
Amendment 187 #
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 onetwo years
Amendment 197 #
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 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, by ‘reinforced’ qualified majority vote, oppose the Member State’s further extension of internal border controls. If the Council decides not to hold a vote, the Member State’s further extension of internal border controls for a further period of up to six months shall be deemed to be accepted. That period may be prolonged, no more than five times, for a further period of up to six months.
Amendment 208 #
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 29 – paragraph 1
Article 29 – paragraph 1
(3a) In Article 29, paragraph 1 is replaced by the following: "1. In exceptional circumstances where the overall functioning of the area without internal border control is put at risk as a result of persistent serious deficiencies relating to external border control as referred to in Article 21, and insofar as those circumstances constitute a serious threat to public policy or internal security within the area without internal border control or within parts thereof, border control at internal borders may be reintroduced in accordance with paragraph 2 of this Article for a period of up to six months. That period may be prolonged, no more than threfive times, for a further period of up to six months if the exceptional circumstances persist. Or. fr (https://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:32016R0399&from=IT)