REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 562/2006 in order to provide for common rules on the temporary reintroduction of border control at internal borders in exceptional circumstances

European Parliament

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REPORT ***I

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14 June 2012

PE 480.591v02-00

A7-0200/2012

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 562/2006 in order to provide for common rules on the temporary reintroduction of border control at internal borders in exceptional circumstances

(COM(2011)0560 – C7-0248/2011 – 2011/0242(COD))

Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Renate Weber

		DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
		EXPLANATORY STATEMENT
		PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

(COM(2011)0560 – C7-0248/2011 – 2011/0242(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2011)0560),

– having regard to Article 294(2) and Article 77(1) and (2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0248/2011),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the French National Assembly, the Netherlands Senate, the Netherlands House of Representatives, the Portuguese Parliament, the Romanian Senate, the Slovak Parliament, and the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to Rule 55 of its Rules of Procedure,

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A7-0200/2012),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) The creation of an area in which the free movement of persons across internal borders is ensured is one of the main achievements of the European Union. In such an area without controls at internal borders, it is necessary to have a common response to situations seriously affecting the public policy or internal security of the European Union or of one or more Member States by allowing for the reintroduction of border control at internal borders in exceptional circumstances, but without jeopardising the principle of the free movement of persons. A common Union response is therefore needed, given the impact that such measures of last resort may have on all persons having the right to circulate within this area without border control at internal borders.

(1) The creation of an area in which the free movement of persons across internal borders is ensured is one of the main achievements of the European Union. In such an area without border control at internal borders, it is necessary to have a common response to situations seriously affecting the public policy or the internal security of the European Union or of one or more Member States by allowing for the reintroduction of border control at internal borders in exceptional circumstances, but without jeopardising the principle of the free movement of persons. A coordinated response is therefore needed, given the impact that such measures of last resort may have on all persons having the right to circulate within this area without border control at internal borders.

Amendment 2

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) Free movement within the area without internal border controls is a key Union achievement. As free movement is affected by the temporary reintroduction of border control at internal borders, any decision to do so should be taken at the Union level. In any case, reintroduction of border control at internal borders should only take place as a measure of last resort, for a strictly limited scope and period of time, based on specific objective criteria and on an assessment of its necessity which should be made at Union level. In cases where the serious threat to public policy or internal security requires immediate action, a Member State should be able to reintroduce border control at its internal borders for a period not exceeding five days, any prolongation of which needs to be decided at Union level.

(2) Free movement within the area without internal border controls is a key Union achievement. As free movement is affected by the temporary reintroduction of border control at internal borders, any decision to do so should be coordinated. In any case, reintroduction of border control at internal borders should only take place as a measure of last resort, for a strictly limited scope and period of time, based on specific objective criteria and on an assessment of its necessity which should be made in a coordinated manner. In cases where the serious threat to public policy or to internal security requires immediate action, a Member State should be able to reintroduce border control at its internal borders for a period not exceeding ten days, any prolongation of which needs to be decided in a coordinated manner.

Amendment 3

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) The situations can arise where a large numbers of third country nationals cross the external border of one or more Member States. This might result in an unexpected and significant increase in secondary movements of third country nationals found to be irregularly staying in the territory of another Member State or States. Taking into account the number of Member States affected by such an unexpected and significant increase in secondary movements, and the overall impact of this increase on the migratory situation in the Union or in an individual Member State, it may be considered necessary to temporarily reintroduce border control at internal borders where the circumstances would be such as to constitute a serious threat to public policy or to internal security at the Union or national level. The crossing of the external border of a large number of third-country nationals might, in exceptional circumstances, justify the immediate reintroduction of some internal border controls, if such a measure is needed to safeguard public policy and internal security at the Union or national level from a serious and urgent threat.

(5) Migration and the crossing of external borders by a large number of third-country nationals should not, per se, be considered to be a threat to public policy or to internal security.

Amendment 4

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

(5a) Full free movement within the area without internal border controls should be guaranteed and the reintroduction by Member States of border control at internal borders on political grounds should be avoided. Based on the experience gathered so far with respect to the functioning of the area without internal border controls, the Commission should draw up guidelines on the reintroduction of border control at internal borders, both in cases which require such a measure as a temporary reaction and in cases where immediate action is needed. The Commission should draw up such guidelines in order to ensure coherent implementation of the Schengen rules. The guidelines should provide clear indicators to facilitate the assessment of threats to public policy and to internal security.

Amendment 5

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) The temporary reintroduction of certain controls at internal borders could also be a response to serious deficiencies identified by Schengen evaluations in accordance with Article 15 of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, where the circumstances would be such as to constitute a serious threat to public policy or to internal security at the Union or national level.

(6) The temporary reintroduction of certain controls at internal borders could also be a response to serious deficiencies detected in the framework of a rigorous evaluation process, in accordance with Article 15 of Regulation (EU) No .../... of the European Parliament and of the Council of ...[on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis], but should only be a measure of last resort.

Amendment 6

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) Before any decision is taken on the temporary reintroduction of certain controls at internal borders, the possibility of resorting to measures aimed at addressing the underlying situation, including assistance by Union bodies such as Frontex or Europol, and technical or financial support measures at the national and/or Union level, should be fully explored. Moreover, any decision to reintroduce internal border control should be based on substantiated information, which may be provided by the Member State requesting the reintroduction, or come from other sources, including inspection visits.

(7) Before any decision is taken on the temporary reintroduction of certain controls at internal borders, the possibility of resorting to measures aimed at addressing the underlying situation, including assistance by Union bodies such as Frontex or Europol, and technical or financial support measures at the national and/or Union level, should be fully explored in a timely manner. Moreover, any decision to reintroduce internal border control should be based on substantiated information, which may be provided by the Member States, or come from other sources, including inspection visits.

Amendment 7

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission

Amendment

(7a) In an area where persons can move freely, the reintroduction of border control at internal borders should remain an exception.

Amendment 8

Proposal for a regulation

Recital 7 b (new)

Text proposed by the Commission

Amendment

(7b) It is necessary for the Commission to present to the European Parliament and to the Council, at least annually, a report on the functioning of the Schengen area. That report should provide the basis for an annual debate in the European Parliament and in the Council and should contribute to the strengthening of political guidance and cooperation in the Schengen area.

Amendment 9

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. These powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers. Except in cases of urgency, and in view of the terms of Article 2(2)(b)(iii) of that Regulation, the examination procedure is applicable.

(8) For cases of persistent serious deficiencies identified in accordance with Article 15 of Regulation (EU) No .../2012 [on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis] and in order to ensure uniform conditions and democratic scrutiny, a European mechanism for the reintroduction of temporary and exceptional border control at internal borders should be established. Under that mechanism, the Commission should transmit to the European Parliament and to the Council a recommendation assessing the necessity for the reintroduction of border control at internal borders as a measure of last resort. The European Parliament and the Council should present their opinions within one month of receipt of the Commission's recommendation, after which the Commission should be able to decide on the reintroduction of border control at internal borders by way of implementing acts, in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers. In view of the terms of Article 2(2)(b)(iii) of that Regulation, the examination procedure should be used for the adoption of those implementing acts.

Amendment 10

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) The Commission should adopt immediately applicable implementing acts where, in duly justified cases related to the imminence of the threat to public policy or internal security at the Union or national level, imperative grounds of urgency so require.

deleted

Amendment 11

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 23 – paragraph 1


Text proposed by the Commission	Amendment
1. Where in the area without border control at internal borders there is a serious threat to public policy or internal security at the Union or national level, border control at internal borders may exceptionally be reintroduced at all or specific parts of the internal borders of one or several Member States for a limited period of no more than 30 days or for the foreseeable duration of the serious threat if its duration exceeds the period of 30 days. 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.	1. Where in the area without border control at internal borders there is a serious and imminent threat to public policy or to internal security at the Union or national level, border control at internal borders may exceptionally be reintroduced at all or specific parts of the internal borders of one or several Member States for a limited period of no more than 30 days or for the foreseeable duration of the serious and imminent threat if its duration exceeds the period of 30 days. 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.

Amendment 12

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 23 – paragraph 2


Text proposed by the Commission	Amendment
2. Border control at internal borders may only be reintroduced in accordance with the procedures foreseen in Articles 24, 25 and 26 of this Regulation. The criteria listed in Article 23a must be taken into account in each case where a decision on the reintroduction of border control at internal borders is contemplated.	2. Border control at internal borders may only be reintroduced as a last resort, subject to and in accordance with the procedures provided for in Articles 24, 25 and 26. The criteria listed in Article 23a shall apply in each case where a decision on the reintroduction of border control at internal borders is contemplated.

Amendment 13

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 23 – paragraph 3

Text proposed by the Commission	Amendment
3. If the serious threat to public policy or internal security at the Union or national level persists beyond the period provided for in paragraph 1, border control at internal borders may, taking account of the criteria listed in Article 23a, be prolonged on the same grounds as those referred to in paragraph 1 and, taking into account any new elements, for renewable periods of up to 30 days.	3. If the serious and imminent threat to public policy or to internal security at the Union or national level persists beyond the period provided for in paragraph 1, border control at internal borders may, taking account of the criteria listed in Article 23a and in accordance with the procedure provided for in Article 24, be prolonged on the same grounds as those referred to in paragraph 1 and, taking into account any new elements, for renewable periods of up to 30 days.

Amendment 14

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 23 – paragraph 4


Text proposed by the Commission	Amendment
4. The total period during which border control is reintroduced at internal borders, on the basis of the initial period under paragraph 1 and prolongations under paragraph 3, shall not exceed six months. In cases of persistent serious deficiencies related to external border control or return procedures identified in accordance with Article 15 of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, the Commission can decide to extend this period.	4. The total period during which border control is reintroduced at internal borders, on the basis of the initial period under paragraph 1 and prolongations under paragraph 3, shall not exceed six months. In the cases referred to in Article 26, this total period may be extended to the maximum length provided for in that Article.

Amendment 15

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 23a – paragraph 1 – introductory part


Text proposed by the Commission	Amendment
1. When deciding on the temporary reintroduction of border control at one or more internal borders or parts thereof, the Commission, or the Member State concerned in cases referred to in Article 25 paragraph 1, shall assess the extent to which such a measure is likely to adequately remedy the threat to public policy or internal security at the Union or national level, and shall assess the proportionality of the measure to that threat. This assessment shall be based on the detailed information submitted by the Member State(s) concerned and any other relevant information, including any information obtained pursuant to paragraph 2. In making such an assessment, the following considerations shall in particular be taken into account:	1. Before taking a decision to reintroduce border control temporarily, and in any event only as a last resort, at one or more internal borders or at parts thereof, the Commission, in cases referred to in Article 26, or the Member State concerned in cases referred to in Article 23 and Article 25(1), shall assess the extent to which such a measure is likely to adequately remedy the threat to public policy or to internal security at the Union or national level, and shall assess the proportionality of the measure to that threat. This assessment shall be based on the detailed information submitted by the Member State(s) concerned and any other relevant information, including any information obtained pursuant to paragraph 2. In making such an assessment, the following considerations shall in particular be taken into account:

Amendment 16

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 23a – paragraph 1 – point a


Text proposed by the Commission	Amendment
(a) the likely impact of any threats to public policy or internal security at the Union or national level, including following terrorist incidents or threats as well as threats posed by organised crime;	(a) in the cases referred to in Article 23 and Article 25(1):
	(i) the likely impact of any imminent threats to public policy or to internal security at the Union or national level, including following terrorist incidents or threats as well as threats posed by organised crime;
	(ii) the likely impact of such a measure on free movement within the area without internal border controls;

Amendment 17

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 23a – paragraph 1 – point b


Text proposed by the Commission	Amendment
(b) the availability of technical or financial support measures which could be or have been resorted to at the national and/or European level, including assistance by Union bodies such as Frontex, the EASO or Europol, and the extent to which such measures are likely to adequately remedy the threats to public policy or internal security at the Union or national level;	(b) in the cases referred to in Article 26:
	(i) the availability of technical or financial support measures which could be or have been resorted to at the Union or national level, including assistance by Union bodies such as Frontex, the EASO or Europol, and the extent to which such measures are likely to adequately remedy the threats to public policy or to internal security within the area without internal border controls;
(c) the current and likely future impact of any serious deficiencies related to external border control or return procedures identified by Schengen evaluations in accordance with the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis;	(ii) the current and likely future impact of any serious deficiencies related to external border control identified by Schengen evaluations in accordance with the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis;
	(iii) the likely impact of any imminent threats to public policy or to internal security within the area without internal border controls;
(d) the likely impact of such a measure on free movement within the area without internal border controls.	(iv) the likely impact of such a measure on free movement within the area without internal border controls.

Amendment 18

Proposal for a regulation

Article 1– point 1

Regulation (EC) No 562/2006

Article 23a – paragraph 2


Text proposed by the Commission	Amendment
2. Before taking a decision, the Commission may:	2. Before transmitting a recommendation in accordance with Article 26, the Commission may:
(a) request Member States, Frontex, Europol, Eurojust, the Fundamental Rights Agency or any other Union body to provide it with further information,	(a) request Member States, Frontex, Europol, Eurojust, the Fundamental Rights Agency or any other Union body to provide it with further information;
(b) carry out inspection visits, with the support of experts from Member States and of Frontex, Europol and any other relevant European body, in order to obtain or verify information relevant for a decision to temporarily reintroduce border control at internal borders.	(b) carry out inspection visits, with the support of experts from Member States and of Frontex, Europol and any other relevant European body, in order to obtain or verify information relevant for a recommendation to temporarily reintroduce border control at internal borders.

Amendment 19

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 23a – paragraph 2 a (new)


Text proposed by the Commission	Amendment
	2a. Based on experience with respect to the functioning of the area without border controls, the Commission shall issue guidelines on the reintroduction of control at internal borders, both in cases which require such a measure on a temporary basis and in cases where an immediate action is needed.
	The Commission shall draw up such guidelines in order to ensure coherent implementation of the Schengen rules.
	The guidelines shall provide clear indicators to facilitate the assessment of threats to public policy and to internal security.

Amendment 20

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 23a – paragraph 2 b (new)


Text proposed by the Commission	Amendment
	2b. Without prejudice to Article 258 TFEU, the Commission may issue an opinion on its ex-post evaluation of the temporary reintroduction of border control at one or more internal borders or at parts thereof.

Amendment 21

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 24 – paragraph 1 – introductory part


Text proposed by the Commission	Amendment
1. Where a Member State considers that border control at internal borders should be reintroduced under Article 23(1), it shall submit a request to the Commission at the latest six weeks before the planned reintroduction, or within a shorter period where the circumstances giving rise to the need to reintroduce border control at internal borders do not become known until less than six weeks before the planned reintroduction, and shall supply the following information:	1. Where a Member State considers that border control at internal borders should be reintroduced under Article 23(1), it shall notify the other Member States and the Commission accordingly at the latest six weeks before the planned reintroduction, or within a shorter period where the circumstances giving rise to the need to reintroduce border control at internal borders do not become known until less than six weeks before the planned reintroduction, and shall supply the following information:

Amendment 22

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 24 – paragraph 1 – subparagraph 2


Text proposed by the Commission	Amendment
Such a request could also be submitted jointly by two or more Member States.	Such notifications may also be made jointly by two or more Member States.

Amendment 23

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 24 – paragraph 2


Text proposed by the Commission	Amendment
2. The information referred to in paragraph 1 shall also be submitted to the Member States and the European Parliament at the same time as the request is made.	2. The information referred to in paragraph 1 shall be submitted to the European Parliament at the same time. If necessary, the Commission may request additional information from the Member State(s) concerned.

Amendment 24

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 24 – paragraph 3


Text proposed by the Commission	Amendment
3. Following a request by a Member State pursuant to paragraph 1, or on its own initiative based on the information specified in sections (a) to (e) of that paragraph, the Commission shall decide on the reintroduction of border control at internal borders. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33a (2).	3. Following notification by the Member State(s) planning to reintroduce border control and for the purpose of the consultation provided for in paragraph 4, the Commission shall, without prejudice to Article 72 TFEU, issue an opinion.

Amendment 25

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 24 – paragraph 4


Text proposed by the Commission	Amendment
4. The Commission shall decide on the prolongation of border control at internal borders. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33a(2).	4. The information referred to in paragraph 1 and the Commission's opinion under paragraph 3 shall be the subject of consultation, including joint meetings, between the Member State planning to reintroduce border control at internal borders, the Member States that might be affected by the reintroduction of border controls, and the Commission, with a view to ensuring mutual cooperation between Member States and to examining the proportionality of the measures to the events giving rise to the reintroduction of border control and the threats to public policy or to internal security.

Amendment 26

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 24 – paragraph 5


Text proposed by the Commission	Amendment
5. On duly justified grounds of urgency, related to situations where the circumstances giving rise to the need to prolong border control at internal borders, in accordance with paragraph 4, do not become known until less than 10 days before the planned prolongation, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 33a(3).	5. The consultation referred to in paragraph 4 shall take place at least 15 days before the date planned for the reintroduction of border control at internal borders.

Amendment 27

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 25 – paragraph 1


Text proposed by the Commission	Amendment
1. Where a serious threat to public policy or internal security in a Member State demands immediate action to be taken, the Member State concerned may exceptionally and immediately reintroduce border control at internal borders, for a limited period of no more than five days.	1. Where a serious threat to public policy or to internal security in a Member State demands immediate action to be taken, the Member State concerned may exceptionally and immediately reintroduce border control at internal borders, for a limited period of no more than ten days.

Amendment 28

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 25 – paragraph 2


Text proposed by the Commission	Amendment
2. The Member State reintroducing border control at internal borders shall at the same time notify the other Member States and the Commission accordingly, and shall supply the information referred to in Article 24 (1) and the reasons that justify the use of this procedure. The Commission may consult the other Member States immediately upon receipt of the notification.	2. The Member State reintroducing border control at internal borders shall at the same time notify the other Member States, the European Parliament and the Commission accordingly, and shall supply the information referred to in Article 24 (1) and the reasons that justify the use of this procedure.

Amendment 29

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 25 – paragraph 3


Text proposed by the Commission	Amendment
3. If the serious threat to public policy or internal national security persists beyond the period provided for in paragraph 1, the Commission shall decide on the prolongation of the border control at internal borders. Given the need to take immediate action after the expiry of the period provided for in paragraph 1, which constitutes an imperative ground of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 33a (3).	3. If the serious threat to public policy or to internal security persists beyond the period provided for in paragraph 1, the Member State may decide on the prolongation of the border control at internal borders taking account of the criteria listed in Article 23a, including a revised assessment of the necessity and the proportionality of the measure and taking into account any relevant new elements that have arisen.
	Article 24(2) and (4) shall apply accordingly and the consultation referred to in Article 24(4) shall take place immediately after notification.

Amendment 30

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 25 – paragraph 3 a (new)


Text proposed by the Commission	Amendment
	3a. Without prejudice to Article 23(4), the total period during which border control at internal borders is reintroduced, on the basis of the initial period under paragraph 1 and prolongations under paragraph 3, shall not exceed two months.

Amendment 31

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 26 – paragraph 1


Text proposed by the Commission	Amendment
1. In cases where the Commission finds that there are persistent serious deficiencies related to external border control or return procedures identified in accordance with Article 15 of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, and insofar as these deficiencies constitute a serious threat to public policy or internal security at the Union or national level, border control at internal borders may be reintroduced for a period of no more than six months. This period can be prolonged by a further period of no more than six months if the serious deficiencies are not remedied. No more than three such prolongations will be possible.	1. In cases where the Commission finds that there are persistent serious deficiencies related to external border control identified in the framework of a rigorous evaluation process, in accordance with Article 15 of Regulation (EU) No .../2012 [on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis], as a measure of last resort, and insofar as these deficiencies constitute a serious threat to public policy or to internal security within the area without internal border controls, border control at internal borders may be reintroduced for a period of no more than six months. This period can be prolonged by a further period of no more than six months if such serious deficiencies are not remedied. No more than three such prolongations will be possible.

Amendment 32

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 26 – paragraph 2


Text proposed by the Commission	Amendment
2. The Commission shall decide on the reintroduction of border control at internal borders. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33a (2).	2. Where no other measures are capable of effectively mitigating the serious threat identified, the Commission shall transmit to the European Parliament and to the Council a recommendation assessing the necessity of the reintroduction of border control at internal borders, as a measure of last resort, to protect common interests within the area without internal border controls. The European Parliament and the Council may present their opinions within one month of receipt of the Commission's recommendation, after which the Commission may decide on the reintroduction of border control at internal borders by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 33a (2).

Amendment 33

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 26 – paragraph 3


Text proposed by the Commission	Amendment
3. The Commission shall decide on the prolongation of border control at internal borders. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33a (2).	3. The Commission may recommend a prolongation subject to the same conditions and in accordance with the same procedures as set out in paragraphs 1 and 2.

Amendment 34

Proposal for a regulation

Article 1 – point 1

Regulation (EC) No 562/2006

Article 26 – paragraph 4


Text proposed by the Commission	Amendment
4. On duly justified grounds of urgency, related to situations where the circumstances giving rise to the need to prolong border control at internal borders, in accordance with paragraph 3, do not become known until less than 10 days before the planned prolongation, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 33a(3).	4. On duly justified grounds of urgency, related to situations where the circumstances giving rise to the need to prolong border control at internal borders, in accordance with paragraph 3, do not become known until less than 10 days before the end of the preceding reintroduction period, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 33a(3).

Amendment 35

Proposal for a regulation

Article 1 – point 3

Regulation (EC) No 562/2006

Article 29 – title


Text proposed by the Commission	Amendment
Report on the reintroduction of border control at internal borders	Accountability

Amendment 36

Proposal for a regulation

Article 1 – point 3

Regulation (EC) No 562/2006

Article 29 – paragraph 1


Text proposed by the Commission	Amendment
At the latest four weeks after the lifting of border control at internal borders, the Member State which has carried out border control at internal borders shall present a report to the European Parliament, the Council and the Commission on the reintroduction of border control at internal borders, outlining, in particular, the operation of the checks and the effectiveness of the reintroduction of border control at internal borders.	1. In order to enhance the dialogue between the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability, the Member State which has carried out border control shall, at the latest four weeks after the lifting of border control at internal borders, present a report to the European Parliament, the Council and the Commission on the reintroduction of border control at internal borders, outlining, in particular, the operation of the checks, the effectiveness of the reintroduction of border control at internal borders and the proportionality of the measures taken.

Amendment 37

Proposal for a regulation

Article 1 – point 3

Regulation (EC) No 562/2006

Article 29 – paragraph 1 a (new)


Text proposed by the Commission	Amendment
	1a. The Commission shall present to the European Parliament and to the Council, at least annually, a report on the functioning of the area without internal border controls. The report shall include a list of all decisions to reintroduce border control at internal borders taken during the relevant year.

Amendment 38

Proposal for a regulation

Article 1 – point 3

Regulation (EC) No 562/2006

Article 29 – paragraph 1 b (new)


Text proposed by the Commission	Amendment
	1b. The representatives of the Member States which have reintroduced internal border controls referred to in paragraph 1 shall be invited to the Commission's presentation of the report referred to in paragraph 1a.

EXPLANATORY STATEMENT

Free movement is a defining principle of the European Union and the ability to move within the European Union without facing border checks at internal borders is one of its most successful achievements. Many people use this freedom and public opinion repeatedly ranks freedom to travel as among the most significant benefits brought about by the Union.

The fundamentals of the Schengen cooperation are relatively sound. However recent developments have undermined the confidence in the ability of some Member States to manage the borders in a way that is not detrimental to the free movement of people inside the Schengen area. These events challenged the balance that has to be found between security and freedom of movement.

Your Rapporteur insists on the fact that migration per se is not a threat to public policy and national security. Therefore she categorically opposes any attempt to introduce new grounds such as migration flows for reintroducing controls at the internal borders. The root cause of the problems is not external, but internal. Indeed these recent events are symptoms that the current Schengen system, relying on an inter-governmental system of peer review, is not strong enough to remedy weaknesses of some of its Members and to prevent potential abuses. The European Union now has to act in order to ensure that a repetition of these events is not possible and that the proportionality of any measure of reintroduction of controls at the internal borders is properly assessed, as it has been recognized by the European Council of June last year which has requested it as well.

Your Rapporteur supports the principle of a more coordinated and collective decision-making process in case of reintroduction of controls at the internal borders. An EU right such as free movement, which is benefitting to a huge number of EU citizens, should not be altered by the decision of a single individual Member state. Therefore unilateral national initiatives should be prevented as much as possible, and all European interests should be taken into account in securing the Schengen area.

Your Rapporteur is convinced that a sound balance can be found that leaves the Member States enough room for manoeuvre in unpredictable events as well as in foreseeable events, whilst ensuring a more collective decision-making process. She therefore suggests that any Member State whishing to reintroduce controls at the internal borders invites the European Commission and the concerned neighbouring countries to discuss this measure.

In case serious deficiencies in the carrying out of external border control are identified in accordance with Article 15 of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, the evaluated Member state may be requested to take specific measures, including the closing of a border crossing point. For this specific case, your Rapporteur is of the opinion that comitology should apply.

Considering that there are different views on the interpretations and implementation of the Schengen acquis, your Rapporteur proposes to adopt Commission guidelines, according to the Commission Communication of 16 September 2011 on the Schengen governance (COM (2011)561) where these guidelines have been mentioned. The guidelines would ensure a coherent implementation of the Schengen rules and provide for clear indicators on how to assess a threat to public policy and national security in a coherent way.

Your Rapporteur supports the idea of the adoption of these guidelines and invites the Commission to proceed without delay. Your Rapporteur also feels that the Commission should be invited to present these guidelines before the European Parliament in the context of a broader debate on Schengen governance.

Finally your Rapporteur is convinced that a right balance between the competences of each institution can easily be found in dealing with this proposal. She reminds that the European Parliament is a full participant in the area of justice and home affairs, and makes some concrete proposals in order to reinforce the Commission and Council's general accountability towards the European Parliament.

PROCEDURE

Title	Amendment of Regulation (EC) No 562/2006 in order to provide for common rules on the temporary reintroduction of border control at internal borders in exceptional circumstances
References	COM(2011)0560 – C7-0248/2011 – 2011/0242(COD)
Date submitted to Parliament	16.9.2011
Committee responsible Date announced in plenary	LIBE 27.9.2011
Committee(s) asked for opinion(s) Date announced in plenary	AFET 27.9.2011	DEVE 27.9.2011
Not delivering opinions Date of decision	AFET 5.10.2011	DEVE 11.10.2011
Rapporteur(s) Date appointed	Renate Weber 11.10.2011
Discussed in committee	21.3.2012
Date adopted	11.6.2012
Result of final vote	+: –: 0:	45 5 3
Members present for the final vote	Jan Philipp Albrecht, Roberta Angelilli, Edit Bauer, Mario Borghezio, Rita Borsellino, Emine Bozkurt, Arkadiusz Tomasz Bratkowski, Simon Busuttil, Carlos Coelho, Agustín Díaz de Mera García Consuegra, Ioan Enciu, Frank Engel, Cornelia Ernst, Tanja Fajon, Hélène Flautre, Kinga Gál, Kinga Göncz, Nathalie Griesbeck, Sylvie Guillaume, Anna Hedh, Salvatore Iacolino, Sophia in ‘t Veld, Teresa Jiménez-Becerril Barrio, Juan Fernando López Aguilar, Monica Luisa Macovei, Clemente Mastella, Véronique Mathieu, Anthea McIntyre, Louis Michel, Claude Moraes, Jan Mulder, Antigoni Papadopoulou, Georgios Papanikolaou, Carmen Romero López, Judith Sargentini, Birgit Sippel, Renate Sommer, Kyriacos Triantaphyllides, Axel Voss, Renate Weber, Josef Weidenholzer, Cecilia Wikström, Tatjana Ždanoka
Substitute(s) present for the final vote	Alexander Alvaro, Anna Maria Corazza Bildt, Silvia Costa, Evelyne Gebhardt, Franziska Keller, Ádám Kósa, Mariya Nedelcheva, Hubert Pirker, Jens Rohde
Substitute(s) under Rule 187(2) present for the final vote	Marina Yannakoudakis
Date tabled	14.6.2012

Last updated: 21 June 2012

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