11 Amendments of Rachida DATI related to 2017/0245(COD)
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 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 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 106 #
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 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.
Amendment 125 #
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 six months.
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 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 202 #
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 threfive 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.
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)