Changes from plenary report to adopted text

RemovedRecital 3: (3) In recent years, several Member States have resorted to internal border control to address challenges, which by their nature were not confined to the territory of any single Member State. In an area of freedom, security and justice, the preservation of public order and security in the Schengen area is a shared responsibility requiring joined and coordinated action at Union level and between Member States, on the basis that that area of freedom, security and justice remains one that is free of internal border controls. The challenges faced by Member States, and the fact that Member States quickly resorted to internal border control to address those challenges, highlighted difficulties with the existing rules governing the functioning of the Schengen area and the enforcement of those rules, both at external and internal borders. It also underscored the need for a clearer and more robust framework in order to strengthen mutual trust and solidarity and to ensure the absence of any controls on persons, irrespective of their nationality, when crossing internal borders while enabling Member States to provide an effective response to challenges they face.

RemovedRecital 4: (4) Border control at external borders, in full compliance with the fundamental rights, is in the interest not only of the Member State at whose external borders it is carried out but of the Union as a whole and of all its Member States, in particular those which have abolished internal border control. Member States are required to ensure high standards in management of their external borders, including through enhanced cooperation between border guards, police, customs and other relevant authorities. The Union provides active support through the provision of financing support by the Agencies, and management of the Schengen Evaluation Mechanism. The rules applicable to external borders need to be amended and harmonised in order to better respond to new challenges that have recently emerged at the external borders.

RemovedRecital 5: (5) The COVID-19 pandemic has shown that threats to public health can require uniform rules concerning travel restrictions for travel into the European Union by third country nationals. The adoption of inconsistent and divergent measures at the external borders to address such threats negatively affects the functioning of the entire Schengen area, reduces predictability for third-country travellers and people-to-people contacts with third countries. To prepare the Schengen area for future challenges of a scale comparable to the Covid-19 pandemic, a new mechanism should be established which would allow for a timely adoption and lifting of coordinated measures at Union level. The new procedure at the external border should be applied to a large-scale public health emergency with a serious cross-border threat to health, recognised by the Commission at Union level in accordance with Regulation (EU) 2022/237143. / 43 Regulation (EU) 2022/2371 of the European Parliament and of the Council of 23 November 2022 on serious cross-border threats to health and repealing Decision No 1082/2013/EU (OJ L 314, 6.12.2022, p. 26). / (deleted)

RemovedRecital 6: (6) When there is a large-scale public health emergency with a serious cross-border threat to health, the Commission should be able to adopt delegated acts providing for temporary restrictions on travel to the Member States, including restrictions on entry and any other necessary measures for travel into the European Union, and the conditions for lifting those restrictions and other measures. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. When preparing and drawing up delegated acts the Commission should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

RemovedRecital 7: (7) Importantly, in line with the applicable obligations under Union and international law, Union citizens and third-country nationals who, under agreements between the Union and its Member States, on the one hand, and those third countries, on the other hand, enjoy rights of free movement equivalent to those of Union citizens, as well as their respective family members should always be permitted to enter the Union. Similarly, in accordance with Union law and international law, beneficiaries of international protection and those persons seeking asylum shall not be prohibited from entering the Union. Residents in the Union should also always be permitted to return to the Union. That delegated act should contain all necessary elements to ensure that restrictions on travel are effective, targeted, non-discriminatory and proportionate to the evolving epidemiological situation. It should specify, where relevant, any categories of travellers whose travel should be exempted from restrictions on entry. In addition, or alternatively, the act should specify any geographical areas or third countries from which travel may be subject to specific measures, based on an objective methodology and criteria applicable thereto that should derive from the epidemiological situation. The act could specify the conditions under which travel may be permitted such as testing, quarantine, self-isolation or any other appropriate measures, such as the need to fill in a passenger locator form or other cont…

RemovedRecital 8: deleted

RemovedRecital 9: deleted

RemovedRecital 10: deleted

RemovedRecital 11: deleted

RemovedRecital 12: deleted

RemovedRecital 13: (13) The European Border and Coast Guard Agency assists Member States with implementing the operational aspects of external border management, including information exchange, the provision of equipment, capacity building and training to national border guards, targeted information and risk analysis, the deployment of the Standing Corps, as well as assistance in search and rescue operations for persons in distress at sea launched and carried out in accordance with Regulation (EU) No 656/20141a. The Agency’s new mandate offers considerable opportunities for Member States to be assisted in their border control activities, including with regard to return operations and a launch of rapid border intervention and/or return intervention at the request and on the territory of the host Member State concerned. These activities are to be conducted in compliance with fundamental rights obligations. / 1a Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 189, 27.6.2014, p. 93).

RemovedRecital 14: (14) By virtue of Article 41(1) of Regulation (EU) 2019/1896, on the basis of the results of a vulnerability assessment or where a critical impact level is attributed to one or more external border sections of a Member State, the Executive Director of the European Border and Coast Guard Agency is required to recommend to a Member State that it request the Agency to initiate, carry out or adjust the Agency’s support. This competence of the Executive Director is without prejudice to the general support that the Agency may provide to the Member States.

RemovedRecital 15: (15) Where a Member State considers it necessary to reinforce border control, and where it considers using modern technologies including drones and motion sensors, as well as mobile units, it is important that the use of any such technologies capable of collecting personal datarespects EU primary law, especially the Charter of Fundamental Rights, and Union data protection law, and that it is based on and exercised in accordance with clearly defined provisions of national law.

RemovedRecital 16: (16) In accordance with EU rules on the use of artificial intelligence and Union data protection law, the Commission should be empowered to specify, in delegated acts adopted under this Regulation, appropriate standards for border surveillance, concerning in particular the new technologies that Member States may use, while taking into account the type of borders (land, sea or air), the impact levels attributed to each external border section in accordance with Article 34 of Regulation (EU) 2019/1896 and other relevant factors. During such surveillance, third-country nationals should not be subject to intrusive biometric technologies.

RemovedRecital 17: (17) In an area without internal border controls, persons, irrespective of their nationality, should be able to move freely, and in security between Member States. In this regard, it should be clarified that the prohibition of controls at internal borders does not affect the competence of Member States to carry out checks on their territory for purposes other than border control. It should, in particular, be clarified that national competent authorities, including health or law enforcement authorities, remain, in principle entitled to exercise public powers provided for under national law provided that the effect of those powers is not equivalent to internal border control and does not lead to any form of discrimination.

RemovedRecital 18: (18) While the prohibition of internal border controls also extends to checks having equivalent effects, checks by police or other public powers might not be considered equivalent to the exercise of border checks where they do not have border control as an objective, where they are based on general law enforcement information and experience regarding possible threats to public security or public policy, where they aim in particular to combat cross-border crime, reduce irregular migration or contain the spread of an infectious disease with epidemic potential as identified by the European Centre for Disease Control, where they are devised and executed in a manner clearly distinct from systematic checks on persons at the external or internal borders, and where they are conducted at transport hubs, such as ports, train or bus stations and airports or directly on board of passenger transport services, and where they are based on risk analysis. At the same time, where competent authorities exercise police powers in a border area, they are entitled to do so only subject to strict detailed rules and limitations laid down by Member States in order not to jeopardise the attainment of the objective of the abolition of internal border controls.

RemovedRecital 19: (19) Migration and the crossing of external border by a large number of third-country nationals should not, per se, be considered to be a threat to public policy or internal security.

RemovedRecital 20: (20) To counteract irregular migration and cross-border crime linked to irregular migration, such as human trafficking, migrant smuggling and document fraud, and to combat other forms of cross-border crime, Member States could be required to take measures to verify the identity, nationality and residence status of persons provided that such verifications are, not systematically carried out at the border or in border regions, do not breach the principle of non-discrimination, and are carried out on the basis of risk analysis.

RemovedRecital 21: (21) The use of modern technologies to monitor traffic flows, notably on motorways and other important roads determined by the Member States, can be instrumental in addressing threats to public policy or internal security. The prohibition of internal border controls should not be understood as preventing the lawful exercise of police or other public powers to carry out checks that entail the use of monitoring and surveillance technologies which are generally used in the territory or that are based on a risk assessment for the purpose of protecting internal security.

RemovedRecital 22: deleted

RemovedRecital 23: deleted

RemovedRecital 24 a (new): (24a) Before resorting to the reintroduction of border control at internal borders, Member States should give precedence to alternative measures. Member States should assess whether the situation could be adequately addressed by way of increased cross-border cooperation, both from an operational point of view and from that of information exchange between police services and other competent authorities of the Member State.

RemovedRecital 24 b (new): (24b) In the absence of internal border controls, targeted joint patrols in intra-EU border areas are a valuable tool to counter migrant smuggling and trafficking in human beings, to prevent irregular stays and cross-border crime linked to irregular migration. It is possible that such checks prove more effective than internal border controls, in particular as they are more flexible and can be adapted more easily to evolving risks. When opting for cross-border police cooperation, it is important that they are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders and in a non-discriminatory manner.

RemovedRecital 25: (25) In order to strengthen the functioning of the Schengen area, andto assist Member States in countering irregular migration, including between Member States, and combat irregular stays, within the last ten years, the Union legislature has adopted numerous flanking measures, including the establishment of an Entry-Exit System, the establishment of a European Travel Information and Authorisation System, the establishment of a European Criminal Records database in respect of third country nationals, the reform of the Schengen Information System, the reform of the Visa Information System, two substantial overhauls of the mandate of the European Border and Coast Guard Agency, and the establishment of an interoperability framework to allow EU databases in the Area of Freedom, Security and Justice to communicate with one another.

RemovedRecital 25 a (new): (25a) Where, in the context of joint police patrols as part of cross-border police operational cooperation, national law enforcement authorities of a Member State apprehend third country nationals, who have no right to stay, in the vicinity of internal borders, and where that Member State has not reintroduced internal border control, , it should then be possible for those authorities to transfer those third country nationals to the Member State from which they entered, where the law enforcement authorities of that latter Member State are participating in the joint police patrols. The Member State from where the person came directly should in turn be required to receive the apprehended third country nationals.

RemovedRecital 25 b (new): (25b) To prevent racial profiling, the information on the basis of which joint police patrols are carried out in the vicinity of the internal borders should not be based on information collected through automated processing of data available in different data sources or in different data formats in order to forecast or predict trends related to migration and border crossings.

RemovedRecital 26: (26) The procedure by which a Member State may transfer third country nationals with no right to stay to a Member State from where the person came directly should take place swiftly but be limited and subject to safeguards and carried out in full respect of fundamental rights, in particular the principle of non-discrimination enshrined in Article 21 of the Charter. Since Union-level rules governing persons seeking international protection and beneficiaries of international protection are laid down in the asylum acquis, including the procedures for the transfer of such persons between Member States, it should be clear that this procedure does not apply, in any circumstances, to persons seeking international protection or beneficiaries of international protection. In line with Articles 9 and 24 of the Charter, such a procedure should not apply to minors or members of their family arriving together from another Member State. Moreover, the procedure should also not apply to third-country nationals who are holders of long-term residence permits or their family members, third-country nationals who enjoy the right to free movement in the Union, third-country nationals who are holders of valid long-stay visas and their family members in accordance with national law, third country nationals who are holders of a valid short stay visa or to third country nationals who are entitled to visa-free travel within the Schengen Area in so far as they have been on the territory for less than 90 …

RemovedRecital 26 a (new): (26a) It should be possible for the authorities to carry out a verification of relevant information immediately available to the authorities concerning the movements of the persons who might be the subject of such a procedure. Such information can include objective elements that would allow the authorities to conclude that the person had recently travelled from another Member States, such as the possession of documents, including receipts or invoices, evidencing recent travel from another Member State. Third country nationals subject to the transfer procedure should be provided with a reasoned decision in writing. While the decision should be immediately enforceable, the third country national should have an effective remedy before a court or tribunal to appeal against or seek review of the transfer decision. That remedy should not have suspensive effect.

RemovedRecital 27: (27) Nothing in this Regulation should affect the existing possibility for Member States to return irregular third country nationals in accordance with bilateral agreements or arrangements referred to in Article 6(3) of Directive 2008/115/EC (the “Return Directive”), where such persons are detected outside of the vicinity of internal borders.

RemovedRecital 28: (28) In exceptional cases, addressing identified threats to the Schengen area may, as a last resort, require the adoption of measures at the internal borders by the Member States. As free movement of persons is affected by the temporary reintroduction of internal border control, any decision to reintroduce such control should be taken in accordance with commonly agreed criteria and should be duly notified to the Commission, the Parliament and the Council or be recommended by a Union institution. Within the framework and limits laid down in this Regulation, Member States remain competent to determine the need for the temporary reintroduction of border controls. Under the existing rules, the reintroduction of controls at internal borders is provided for in circumstances where a serious threat to internal security or public policy manifests itself in a single Member State for a limited period of time. In particular, terrorism and organised crime, large scale public health emergencies or large scale or high profile international events such as sporting, trade or political events can amount to a serious threat to public policy or internal security.

RemovedRecital 29: (29) Furthermore, it is possible to consider that a serious threat to public policy or internal security could also result from an exceptional situation in which there is an unexpected and sudden large-scale unauthorised movement of irregular migrants between the Member States, where this creates a situation putting at risk of the overall functioning of the area without internal border controls, where the other means provided for under this Regulation are assessed not to be sufficient to address these inflows and movements. In this context, Member States should be able to rely on objective and quantified reports on unauthorised movements whenever available, in particular, when produced on a regular basis by the competent Union agencies in line with their respective mandates.

RemovedRecital 30: (30) While action at Union level is provided for in circumstances where the nature of a threat derives from persistent serious deficiencies at the external borders, there is no Union-wide mechanism to ensure Union-wide coordination where, within the Schengen area, a serious threat to internal security or public policy area is affecting several Member States at the same time, putting at risk the well-functioning of the Schengen area. The gap should be filled by putting in place a new Schengen area safeguard mechanism permitting coordinated solutions to protect the interests of persons entitled to benefit from the area without controls at internal borders, by maximising the effectiveness of the measures taken while minimising their negative side-effects.

RemovedRecital 31: (31) Given the politically sensitive nature of a decision which regulates the possibility for Member States to reintroduce or prolong internal border control in particular circumstances, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to initiate the new Union-level Schengen area safeguard mechanism authorising the reintroduction or prolongation of internal border controls, where this is justified by a particular threat, identified on the basis of notifications received from several individual Member States, a risk assessment, and other available information, and to provide supplementary rules on mitigating measures that should be established at national and Union level. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. When preparing and drawing up delegated acts, the Commission should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

RemovedRecital 32: (32) In determining whether a reintroduction or prolongation of internal border controls by the Member States is justified, the Commission should take into account that internal border control remains a measure of last resort which has a serious impact on all persons having the right to move within the area without internal border control. The Commission should assess whether the measure is appropriate, necessary and proportionate. The scope and duration of any temporary reintroduction of such measures should be restricted to the minimum needed to respond to the serious threat to public policy or internal security. The Commission should consider whether any other measures that could ensure a high level of security within the territory are available. In the event that a prolongation of the controls is not considered justified, internal border controls should be lifted immediately and the Commission should recommend the use of other measures deemed more appropriate to address the identified threat.

RemovedRecital 34: (34) In order to ensure compliance with the principle of proportionality, the delegated act should be adopted for a limited period of time of up to six months that may be prolonged subject to regular review, up to a maximum period of two years in exceptional cases. The initial delegated act should include an assessment of the expected impact of the measures adopted, including its adverse side-effects, with a view to determining if controls at internal borders are justified or whether less restrictive measures could be applied in their place in an effective manner. Any subsequent delegated act prolonging internal border control should take account of the evolution of the identified threat. The Member States should immediately notify the Commission, the Parliament, and the Member States of the reintroduction of internal border controls in accordance with the delegated act.

RemovedRecital 35: (35) Reintroduction of internal border controls should also remain possible where serious deficiencies in the management of the external borders persist, putting at risk the overall functioning of the area without internal border control.

RemovedRecital 36: (36) The reintroduction of border controls at internal borders, whether on the basis of Union level decisions or unilateral decisions of the Member States, has serious implications for the functioning of the Schengen area and the rights of individuals. In order to ensure that any decision to reintroduce border controls is only taken where necessary, as a measure of last resort, the decision on temporary reintroduction or prolongation of border controls should be based on common criteria and be strictly necessary and proportionate. The proportionality principle requires that the reintroduction of internal border controls be subject to safeguards that are to be respected before internal border controls are considered and that increase over time.

RemovedRecital 36 a (new): (36a) Any derogation from the fundamental principle of free movement of persons should be interpreted strictly and the concept of public policy presupposes the existence of a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. Where Member States reintroduce internal border controls for foreseeable threats, they should be able to do so for a period of three months, renewable up to a maximum period of 18 months.

RemovedRecital 37: (37) In the first instance, Member States should assess the appropriateness of internal border controls having regard to the nature of the serious threat identified as well as the appropriateness of alternative measures to pursue the same objectives as internal border controls, such as proportionate checks as carried out in the exercise of police or other public powers or through forms of police cooperation as provided for under Union law, including the possibility to use the transfer procedure. In this context, the Member States should pay particular attention to and assess the likely impact of internal border controls on the movement of persons within the area without internal border controls and the functioning of the cross-border regions. This assessment should be part of the notification that Member States are required to transmit to the Commission, the Parliament and the Council. In case of prolongation of internal border controls for foreseeable events beyond a period of six months, the Member State should also carry out a risk assessment. That risk assessment should also include details on the scale and anticipated evolution of the identified serious threat, information on how long that serious threat is expected to persist and which sections of the internal borders are affected, information on coordination measures with other Member States impacted or likely to be impacted by such measures and the measures that the Member State concerned has taken and intends to take…

RemovedRecital 38: (38) In order to limit harmful consequences resulting from the reintroduction of internal border controls, any decision to reintroduce internal border controls should be accompanied by mitigating measures , but always with a view to lifting internal border control as soon as possible. Such measures should include measures to assure a smooth operation of transit of goods and transport personnel and seafarers by the establishment of ‘green lanes’. In addition, and to take account of the need to ensure the movement of persons whose activities may be essential for preserving the supply chain or the provision of essential services, Member States should also apply the existing guidelines on cross-border workers45 . Against this background, the rules for the reintroduction of border controls at internal borders should take account of the guidelines and recommendations adopted throughout the COVID-19 pandemic as a solid safety net for the Single Market, for the purpose of assuring that they are applied by the Member States as mitigating measures during reintroduced internal border controls, with a view to safeguarding the interests of cross-border regions and of ‘twin cities’ including for instance authorisations or derogations for the inhabitants of cross-border regions.

RemovedRecital 39: (39) The notification to be provided by the Member States should be decisive when assessing compliance with the criteria and conditions for a temporary reintroduction of internal border controls. In order to ensure proper supervision and monitoring of internal border controls that have been reintroduced, and improve the quality of the information it receives, the Commission should adopt a template for the notification of reintroduction of border controls at internal borders in an implementing act. Member States should be entitled to classify parts of the information provided in the notification, without prejudice to the functioning of appropriate and secure police cooperation channels and to the availability of information to the Commission, the Parliament and the Council.

RemovedRecital 40: (40) In order to ensure that internal border controls are truly a last resort measure applied only for as long as necessary and in order to allow for assessing the necessity and proportionality of internal border controls to address foreseeable threats and to allow the Commission to assess that such controls are an exceptional measure, Member States should prepare a risk assessment to be submitted to the Commission when internal border controls are prolonged beyond a period of six months in response to foreseeable threats. The Member States must in particular, explain, the scale and evolution of the identified serious threat, including how long the identified serious threat is expected to persist and which sections of the internal borders may be affected, why alternative measures will not resolve the identified threat, as well as their coordination measures with the other Member States that are impacted or likely to be impacted by such measures.

RemovedRecital 42: (42) In order to ensure sufficient level of supervision, transparency and accountability with regard to actions taken by Member States affecting travel without internal border controls, the Member States should provide the notifications of reintroduction of internal border control to the European Parliament,the Council and the Commission at the same time in accordance with this Regulation... Every year, pursuant to Article 33 of the Schengen Borders Code, the Commission should present to the European Parliament and to the Council a report on the functioning of the area without internal border control (‘State of Schengen report’) which should pay particular attention to the border controls that have been in place for longer than twelve months. The report should include all the decisions to reintroduce internal border control and details of the actions taken by the Commission with regard to internal border controls reintroduced.. It should also assess the necessity and proportionality of the all reintroductions of border controls in the period covered by that Report building on the information available from the competent authorities of the Member States. The State of Schengen report shall also cover the reporting obligations resulting from Article 20 of the Schengen Evaluation Mechanism46 .

RemovedRecital 43: (43) The mechanism for the temporary reintroduction of border controls at internal borders in urgent situations or to address foreseeable threats should oblige the Commission to organise consultations between Member States, including at the request of any Member State. Relevant Union Agencies may be involved in this process in order to share their expertise, where appropriate. Such consultations should look at the possibility of applying alternative measures, and if necessary the modalities of carrying out internal border controls and their time-line. Where the Commission or a Member State has issued an opinion expressing concerns regarding the reintroduction of border controls, such consultations should be mandatory. Where border controls at internal borders have been prolonged beyond a period of six months, the necessity, proportionality and duration of those controls should be discussed in the Schengen Forum.

RemovedRecital 44: (44) The Commission and Member States should retain the possibility to express any concern as regards the necessity and proportionality of a decision of a Member State to reintroduce internal border controls for reason of urgency or to address a foreseeable threat. In case controls at internal borders are reintroduced and prolonged for foreseeable threats for combined periods exceeding nine months, it should be a requirement for the Commission to issue an opinion assessing the necessity and proportionality of such internal border controls. Such an opinion is without prejudice to the enforcement measures, including infringement actions, which the Commission, in its role as guardian of the Treaties, is required to take at any time against any Member State for failure to comply with its obligations under Union law. Where an opinion is issued, the Commission should launch consultations with the Member States concerned.

RemovedRecital 44 a (new): (44a) Where a Member State considers that there are exceptional situations justifying the continued need for internal border control in excess of the maximum period of 18 months based on the same foreseeable serious threat, it should be able to request the Commission to propose to the Council an implementing decision authorising the prolongation of internal border control for a period of three months. If the Council adopts such an implementing decision, and at the end of that three-month period, the Member State in question still considers that the exceptional situation remains, it may make a maximum of two further requests to the Commission for a prolongation of a further three months.

RemovedRecital 45: (45) In order to enable the post factum analysis of the decision on the temporary reintroduction of border controls at the internal borders, Member States should remain obliged to submit a report on the reintroduction of border control at internal borders to the European Parliament, the Council and the Commission once they lift the controls. Where the controls are kept in place for a period exceeding six months, such a report should also be submitted after that six-month period and every six months thereafter., if exceptionally controls are maintained and for as long as the controls are maintained. The report should outline, in particular, the initial and follow-up assessment of the necessity of internal border controls and the respect of the criteria for reintroduction of border controls at internal borders. The Commission should adopt in an implementing act a template and make it available online.

RemovedRecital 46: (46) When implementing this Regulation, Member States shall not discriminate against persons on grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.

RemovedRecital 47: (47) The competent authorities referred to in this Regulation shall in all their activities undertaken in accordance with this Regulation fully respect the rules on data protection under Union law. Regulation (EU) 2016/679 of the European Parliament and of the Council or Directive (EU) 2016/680 of the European Parliament and of the Council apply to the processing of personal data by competent national authorities for the purposes of this Regulation, in their respective field of application.

RemovedRecital 56: (56) Regulation (EU) No 2016/399 should therefore be amended accordingly,

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 1 – point a, Article 2 – paragraph 1 – point 12: 12. ‘border surveillance’ means the surveillance of borders between crossing points and of border crossing points outside fixed opening hours in order to prevent unauthorised border crossings or the circumvention of border checks, and to provide situational awareness .

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 1 – point b, Article 2 – paragraph 1 – point 27: deleted

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 1 – point b, Article 2 – paragraph 1 – point 27 a (new): 27a. ‘large scale public health emergency’ means a public health emergency where a serious cross-border threat to health necessitates coordination at Union level in order to ensure a high level of protection of public health, recognised by the Commission at Union level in accordance with Regulation (EU) 2022/2371;

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 2, Article 5 – paragraph 4: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 3, Article 13 – paragraph 1: 1. The main purpose of border surveillance shall be to prevent unauthorised border crossings, to provide situational awareness, to counter cross-border criminality and to take measures against persons who have crossed the border irregularly. / Without prejudice to Articles 3 and 4, a person who has crossed a border irregularly and who has no right to stay on the territory of the Member State concerned shall be apprehended and made subject to procedures respecting Directive 2008/115/EC.

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 3, Article 13 – paragraph 2: 2. The border guards shall use all necessary resources, including stationary or mobile units to carry out border surveillance. / That surveillance shall be carried out in such a way as to prevent and discourage persons from unauthorised border crossings between border crossing points and from circumventing the checks at border crossing points, while complying fully with the obligations laid down in Article 4.

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 3, Article 13 – paragraph 3: 3. Surveillance between border crossing points shall be carried out by border guards whose numbers and methods shall be adapted to existing or foreseen risks and threats, including the possible risk to life of those seeking to cross the border. It shall involve frequent and sudden changes to surveillance periods and other methods or techniques, so that it is possible for unauthorised border crossings to be effectively prevented.

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 3, Article 13 – paragraph 4: 4. Surveillance shall be carried out by stationary or mobile units which perform their duties by patrolling or stationing themselves at places known or perceived to be sensitive, the aim of such surveillance being to prevent unauthorised border crossings or apprehend individuals crossing the border irregularly. Surveillance may also be carried out by technical means, including electronic means, equipment and surveillance systems, where it is conducted in accordance with Article 5 of the future Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act).

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 3, Article 13 – paragraph 5: deleted / (deleted)

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 3, Article 13 – paragraph 6: 6. Without prejudice to the support that the European Border and Coast Guard Agency may provide to the Member States, where a Member State introduces internal border controls on the basis of Article 25(1)(c), the Agency may, upon request of that Member State, also carry out a vulnerability assessment as provided for in Articles 10(1), point (c), and Article 32 of Regulation (EU) 2019/1896 of the European Parliament and Council57 , with a view to providing the necessary support to the Member State concerned.

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 3, Article 13 – paragraph 7: 7. For the purposes of paragraph 4, the Commission shall be empowered to adopt delegated acts in accordance with Article 37 concerning additional measures governing surveillance, including the development of standards for border surveillance, in particular the use of surveillance and monitoring technologies at the external borders, in line with the prohibitions, safeguards and transparency obligations laid down in the Artificial Intelligence Act, taking into account the type of borders, the impact levels attributed to each external border section in accordance with Article 34 of the Regulation (EU) 2019/1896 and other relevant factors.

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 4 – introductory part, Chapter V – title: (4) Chapter V is renamed as follows: “Specific measures relating to the external border control”

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 4 – paragraph 1, Article 21a – paragraph 1: 1. This Article shall apply to a large scale public health emergency, where a serious cross-border threat to health necessitates coordination at Union level in order to ensure a high level of human health protection, recognised by the Commission at Union level in accordance with Regulation (EU) 2022/2371 of the European Parliament and of the Council of 23 November 2022 on serious cross-border threats to health and repealing Decision No 1082/2013/EU.

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 4 – paragraph 1, Article 21a – paragraph 2: 2. In situations of a large scale public health emergency the Commission shall be empowered to adopt delegated acts in accordance with Article 37 providing for temporary restrictions on travel to the Member States.

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 4 – paragraph 1, Article 21a – paragraph 2 – subparagraph 2: Such temporary restrictions on travel may include restrictions on entry to the Member States and other measures considered necessary for the protection of public health in the area without controls at internal borders, such as testing, quarantine, and self-isolation.

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 4 – paragraph 1, Article 21a – paragraph 3 – point b a (new): ba) beneficiaries of international protection.

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 4 – paragraph 1, Article 21a – paragraph 4 – introductory part: 4. The delegated act referred to in paragraph 2 shall, where appropriate:

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RemovedArticle 1 – paragraph 1 – point 4 – paragraph 1, Article 21a – paragraph 5a: 5a. Where, in a situation of a large scale public health emergency, imperative grounds of urgency so require, the procedure provided for in Article 37a shall apply to delegated acts adopted pursuant to this Article.

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RemovedArticle 1 – paragraph 1 – point 5, Article 23 – paragraph 1 – point a: That exercise of police or other public powers by the competent authorities of the Member States in their territory, in particular in their border areas, shall not have a disproportionate impact on the fluid traffic flow at road crossing-points at internal borders, in particular, by leading to excessive waiting times. Within the meaning of the first subparagraph, the exercise by competent authorities of their powers may not, in particular, be considered equivalent to the exercise of border checks when the measures:

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RemovedArticle 1 – paragraph 1 – point 5, Article 23 – paragraph 1 – point a – point ii: ii) are based on general law enforcement information and experience of the competent authorities regarding possible threats to public security or public policy and aim, in particular, to:

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RemovedArticle 1 – paragraph 1 – point 5, Article 23 – paragraph 1 – point a – point ii – indent 2: — reduce irregular migration; or

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RemovedArticle 1 – paragraph 1 – point 5, Article 23 – paragraph 1 – point a – point ii – indent 3: — contain the spread of an infectious disease with epidemic potential as identified by the European Centre for Disease Control;

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RemovedArticle 1 – paragraph 1 – point 5, Article 23 – paragraph1 – point a – point iv: iv) are carried out, where appropriate, on the basis of monitoring and surveillance technologies generally used in the territory, in accordance with the Artificial Intelligence Act and in line with national legislation, for the purposes of addressing threats to public security as set out under ii). / The general law enforcement information referred to in the second subparagraph, point ii), shall not include information collected through the automated processing of data available in different data sources or in different data formats in order to forecast or predict trends related to migration and border crossings;

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RemovedArticle 1 – paragraph 1 – point 5, Article 23 – paragraph 1 – point e: deleted

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RemovedArticle 1 – paragraph 1 – point 6, Article 23a – title: Procedure for the possible transfer of persons apprehended in the vicinity of the internal borders

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RemovedArticle 1 – paragraph 1 – point 6, Article 23a – paragraph 1 – introductory part: 1. Without prejudice to Article 22, this Article applies to the apprehension of an irregularly-staying third-country national in the vicinity of internal borders, in circumstances where the following conditions are fulfilled:

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RemovedArticle 1 – paragraph 1 – point 6, Article 23a – paragraph 1 – point a: deleted

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RemovedArticle 1 – paragraph 1 – point 6, Article 23a – paragraph 1 – point b: deleted

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RemovedArticle 1 – paragraph 1 – point 6, Article 23a – paragraph 1 – point c: c) the third country national is apprehended during joint police patrols as part of cross-border police operational cooperation;

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RemovedArticle 1 – paragraph 1 – point 6, Article 23a – paragraph 1 – point d: d) there are clear indications that the third country national has arrived directly from another Member State, on the basis of information immediately available to the apprehending authorities, including statements from the person concerned, identity, travel or other documents belonging to that person or the results of searches carried out in relevant national and Union databases;

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RemovedArticle 1 – paragraph 1 – point 6, Article 23a – paragraph 1 – point d a (new): da) the Member State intending to avail itself of the procedure has not reintroduced or prolonged internal border control in accordance with Article 25a;

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RemovedArticle 1 – paragraph 1 – point 6, Article 23a – paragraph 1 a (new): 1a. The procedure laid down in paragraph 1 shall not apply to the following categories of person: / a) unaccompanied minors; / b) minors and members of their family arriving together from another Member State; / c) third-country nationals who are holders of EU long-term residence permits and their family members in accordance with Council Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents; / d) third-country national family members of Union citizens enjoying the right to free movement in accordance with Directive 2004/38; / e) third-country nationals who are holders of a valid long-stay visa and their family members in accordance with national law; / f) third-country nationals who are holders of a valid short-stay visa; / g) third-country nationals who are entitled to visa-free travel within the Schengen Area for a 90-day period in any 180-day period, in so far as they have not exceeded that 90-day period; / h) applicants for international protection within the meaning of Article 4 of Regulation xxx/xxx (the Asylum Procedures Regulation)1a and beneficiaries of international protection within the meaning of Article 2 of Regulation xxx/xxx (the Qualifications Regulation) 1b. / With regard to applicants for international protection or beneficiaries of international protection apprehended during joint police patrols as part of cross-border police operational cooperation, the relevant provisions of Regulation xx/xxx (the Asylum and M…

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 6, Article 23a – paragraph 2: 2. The competent authorities of the Member State may, based on a finding that the third country national concerned has no right to stay on its territory, decide to immediately transfer the person to the Member State from which the person entered or sought to enter, provided that paragraph 1a does not apply and that police authorities from the receiving Member State are participating in the joint police patrols, in accordance with the procedure set out in Annex XII. This transfer is without prejudice to Article 6(3) of Directive 2008/115/EC.

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RemovedArticle 1 – paragraph 1 – point 6, Article 23a – paragraph 2 a (new): 2a. A third-country national, apprehended in the vicintity of the internal borders, who is refused the right to stay in a Member State in accordance with this Article shall have the right to an effective remedy before a court or tribunal. Any appeal shall be conducted in accordance with national law. Member States shall ensure that written information on contact points able to provide information on representatives competent to act on behalf of the third-country national, in accordance with national law, is given to the third-country national, in a language that they understand or are reasonably expected to understand. The lodging of such an appeal shall not have suspensive effect.

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RemovedArticle 1 – paragraph 1 – point 6, Article 23a – paragraph 3: 3. Where a Member State applies the procedure referred to in paragraph 2, the receiving Member State shall be required to take all measures necessary to receive the irregularly-staying third country national concerned in accordance with the procedures set out in Annex XII.

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RemovedArticle 1 – paragraph 1 – point 6, Article 23a – paragraph 3 a (new): 3a. In the context of unannounced visits pursuant to Article 4(3) of Council Regulation (EU) 2022/9221a, the Commission shall pay particular attention to the implementation of the procedure laid down in this Article. / 1a Council Regulation (EU) 2022/922 of 9 June 2022 on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, and repealing Regulation (EU) No 1053/2013 (OJ L 160, 15.6.2022, p. 1).

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 6, Article 23a – paragraph 4: 4. From [one year following the entry into force of the Regulation] and annually thereafter, Member States shall submit to the Commission the data recorded in accordance with point 3 of Annex XII, regarding the application of paragraphs 1, 2, 2a and 3.

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 8, Article 25 – paragraph 1 – subparagraph 2 – point a: (a) an identified and immediate threat of acts of terrorism or of serious organised crime;

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RemovedArticle 1 – paragraph 1 – point 8, Article 25 – paragraph 1 – subparagraph 2 – point c: (c) an exceptional situation in which there is an unexpected and sudden large-scale unauthorised movement of third-country nationals between Member States, putting at risk the overall functioning of the area without internal border control;

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RemovedArticle 1 – paragraph 1 – point 8, Article 25 – paragraph 2 – subparagraph 1: Border controls may only be introduced or prolonged pursuant to Articles 25a and 28 where a Member State has established that such a measure is necessary and proportionate, taking into account the criteria referred to in Article 26(1), and, in case such controls are prolonged, also the risk assessment referred to in Article 26(2). Border controls may also be reintroduced in accordance with Article 29, taking into account the criteria referred to in Article 30.

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RemovedArticle 1 – paragraph 1 – point 8, Article 25 – paragraph 3: deleted / (deleted)

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RemovedArticle 1 – paragraph 1 – point 9, Article 25a – title: Procedure for the temporary reintroduction or prolongation of border control at internal borders

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RemovedArticle 1 – paragraph 1 – point 9, Article 25a – paragraph 2: 2. The Member State shall, at the same time as reintroducing border control under paragraph 1, notify the European Parliament, the Council, the Commission and the other Member States of the reintroduction of border controls, in accordance with Article 27(1).

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 9, Article 25a – paragraph 4: 4. Where a serious threat to public policy or internal security is foreseeable in a Member State, the Member State may, as a last resort, reintroduce internal border control at internal borders in accordance with this Article. That Member State shall notify the European Parliament, the Council, the Commission and the other Member States in accordance with Article 27(1), at the latest four weeks before the planned reintroduction of border controls, or within a shorter period where the circumstances giving rise to the need to reintroduce border controls at internal borders become known less than four weeks before the planned reintroduction.

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 9, Article 25a – paragraph 5: 5. For the purposes of paragraph 4, and without prejudice to Article 27a(4), border control at internal borders may be reintroduced for a period of up to three months. Where the serious threat to public policy or internal security persists beyond that period, the Member State may prolong the border control at internal borders for renewable periods of up to three months. / Any prolongation shall be notified to the European Parliament, the Council, the Commission and the other Member States in accordance with Article 27 and within the time limits referred to in paragraph 4. Subject to Article 27a(5), the maximum duration of border control at internal borders shall not exceed 18 months.

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RemovedArticle 1 – paragraph 1 – point 9, Article 25a – paragraph 6: deleted

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RemovedArticle 1 – paragraph 1 – point 10, Article 26 – paragraph 1 – introductory part: 1. To establish whether the reintroduction or prolongation of border control at internal borders is necessary and proportionate in accordance with Article 25, a Member State shall first assess in particular:

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RemovedArticle 1 – paragraph 1 – point 10, Article 26 – paragraph 1 – point a a (new): (aa) whether the reintroduction of border controls at internal borders is likely to adequately remedy the serious threat to public policy or internal security;

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RemovedArticle 1 – paragraph 1 – point 10, Article 26 – paragraph 1 – point a b (new): (ab) whether measures other than the temporary reintroduction of border control at internal borders are likely to sufficiently remedy the serious threat to public policy or internal security;

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RemovedArticle 1 – paragraph 1 – point 10, Article 26 – paragraph 1 – point a c (new): (ac) the use of alternative measures such as proportionate police checks carried out in accordance with Article 23;

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RemovedArticle 1 – paragraph 1 – point 10, Article 26 – paragraph 1 – point a d (new): (ad) the use of the procedure laid down in Article 23a;

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RemovedArticle 1 – paragraph 1 – point 10, Article 26 – paragraph 1 – point a e (new): (ae) other forms of police cooperation provided for under Union law, including on matters such as joint patrols, joint operations, joint investigation teams, cross-border hot pursuits or cross-border surveillance;

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RemovedArticle 1 – paragraph 1 – point 10, Article 26 – paragraph 1 – point a f (new): (af) the proportionality of the temporary reintroduction of border control in relation to the serious threat to public policy and internal security by taking into account the impact of such a measure on all of the following: / (i) the free movement of persons within the area without internal border control; / (ii) the functioning of the cross-border regions, taking into account the strong social and economic ties between them; and / (iii) the principle of non-discrimination.

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RemovedArticle 1 – paragraph 1 – point 10, Article 26 – paragraph 1 – point b: deleted / (deleted) / (deleted)

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RemovedArticle 1 – paragraph 1 – point 10, Article 26 – paragraph 2 – introductory part: 2. Where a Member State decides to prolong the border control at internal borders pursuant to Article 25a(5) beyond a period of six months, it shall carry out a risk assessment which shall include a reassessment of the criteria laid down in the first paragraph of this Article.

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RemovedArticle 1 – paragraph 1 – point 10, Article 26 – paragraph 2 – point a: deleted

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RemovedArticle 1 – paragraph 1 – point 10, Article 26 – paragraph 2 – point b: deleted

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RemovedArticle 1 – paragraph 1 – point 10, Article 26 – paragraph 2 – point c: deleted

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RemovedArticle 1 – paragraph 1 – point 10, Article 26 – paragraph 2 a (new): 2a. In addition to the elements laid down in Article 26(1), the risk assessment shall include the following: / (a) the scale and anticipated evolution of the identified serious threat; / (b) information on how long the identified serious threat is expected to persist and which sections of the internal borders are affected or risk being affected; / (c) information regarding coordination measures with other Member States impacted or likely to be impacted by such measures; / (d) the measures the Member State concerned has taken and intends to take to alleviate the threat, with a view to lifting internal border controls in order to reinstate the principle of free movement.

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RemovedArticle 1 – paragraph 1 – point 10, Article 26 – paragraph 3: 3. Where border controls at internal borders have been reintroduced or prolonged, the Member States concerned shall, where necessary, ensure that they are accompanied by appropriate measures that mitigate the impacts resulting from the reintroduction of border controls on persons and the transport of goods, giving particular consideration to the specific vulnerabilities of cross-border regions. / Where border controls at internal borders have been prolonged beyond a period of six months, the necessity, proportionality and duration of those controls shall be discussed in the Schengen Forum convened for that purpose.

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RemovedArticle 1 – paragraph 1 – point 11, Article 27 – paragraph 1 – subparagraph 1 – point e: (e) the assessment as to the necessity and proportionality referred to in Article 26(1) and, in the case of a prolongation beyond a period of six months, the risk assessment as referred to in Article 26(2);

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RemovedArticle 1 – paragraph 1 – point 11, Article 27 – paragraph 1 – subparagraph 1 – point f: (f) where appropriate, the measures to be taken by other Member States.

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RemovedArticle 1 – paragraph 1 – point 11, Article 27 – paragraph 2: 2. Where border controls have been in place for six months in accordance with Article 25a(4), any subsequent notification for the prolongation of such controls shall include a risk assessment in accordance with Article 26(2).

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RemovedArticle 1 – paragraph 1 – point 11, Article 27 – paragraph 3: 3. Where the reintroduction of border controls or its prolongation refers to an exceptional situation as referred to in Article 25(1) point (c), the risk assessment shall also provide information on the sudden and unexpected large-scale unauthorised movements, including any information obtained from the relevant EU agencies in line with their respective mandates and data analysis from relevant information systems.

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RemovedArticle 1 – paragraph 1 – point 11, Article 27 – paragraph 5: 5. Member States submitting a notification under paragraphs 1 or 2 may, where necessary and in accordance with national law, decide to classify parts of the notified information. / Such classification shall not preclude access to information, through appropriate and secure police cooperation channels, by the other Member States affected by the temporary reintroduction of border controls at internal borders or information being made available to the European Parliament. The transmission and handling of information and documents transmitted to the European Parliament according to this paragraph shall comply with rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission.

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 12, Article 27a – paragraph 1 – subparagraph 1: Following receipt of notifications, submitted under Article 27(1), the Commission may establish a consultation process, where appropriate, including joint meetings between the Member State that is planning to reintroduce or prolong border control at internal borders, and the other Member States, especially those directly affected by such measures and the relevant Union agencies. Such a consultation process shall be mandatory if requested by one or more Member States.

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RemovedArticle 1 – paragraph 1 – point 12, Article 27a – paragraph 1 – subparagraph 2: The consultation shall concern in particular the identified threat to public policy or internal security, the proportionality and necessity of the intended reintroduction of border controls, including by taking into account the appropriateness of alternative measures, the impact of such border controls where they have already been reintroduced, as well as the ways of ensuring implementation of the mutual cooperation between the Member States in relation to the reintroduced border controls.

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RemovedArticle 1 – paragraph 1 – point 12, Article 27a – paragraph 1 – subparagraph 3: The Member State planning to reintroduce or prolong border control at internal borders shall take utmost account of the results of such consultation when deciding whether to reintroduce or prolong internal border control and when carrying out border control at the internal border.

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RemovedArticle 1 – paragraph 1 – point 12, Article 27a – paragraph 3: 3. Following receipt of notifications submitted in relation to a prolongation of border control at the internal border under Article 25a(4) which leads to the continuation of border controls at internal borders for a period beyond nine months, the Commission shall issue an opinion on necessity and proportionality of such internal border controls. / The opinion of the Commission shall include at least: / (a) an assessment of whether the reintroduction or prolongation of internal border control complies with the principles of necessity and proportionality; / (b) an assessment whether alternative measures to remedy the serious threat identified were sufficiently explored; / Where the reintroduction of internal border control is assessed and is considered to have complied with the principles of necessity and proportionality, the opinion shall also include: / (a) recommendations on improving cooperation between Member States in order to limit the impact of internal border controls; / (b) recommendations on mitigating measures to be taken by the Member State concerned prior to the lifting of internal border controls; / (c) recommendations regarding the means, actions, conditions and timeline with a view to lifting internal border controls.

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RemovedArticle 1 – paragraph 1 – point 12, Article 27a – paragraph 4: 4. Where an opinion referred to in paragraphs 2 or 3 is issued, the Commission shall establish a consultation process, in accordance with paragraph 1, in order to discuss the opinion with the Member States.

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RemovedArticle 1 – paragraph 1 – point 12, Article 27a – paragraph 5: 5. Where a Member State considers that there are exceptional situations justifying the continued need for internal border control in excess of the maximum period referred to in Article 25(5), based on the same foreseeable serious threat to public policy or internal security that justified the introduction of internal border control pursuant to paragraph 4, it may request the Commission to propose to the Council an implementing decision authorising the prolongation of border control by the Member State concerned beyond that maximum period in respect of that ongoing serious threat to public policy or internal security. / In that request, the Member State shall substantiate the continue threat to public policy or internal security, taking into account the opinion of the Commission given pursuant to paragraph 3 of Article 27a. / The Commission shall make such a proposal to the Council only where it considers that the prolongation of internal border control in the specific Member State is justified as a measure of last resort to protect the common interests within the area without internal border controls, and where all other measures, in particular those referred to in Article 23 and Article 23a, are ineffective in mitigating the serious threat identified. In evaluating the request of a Member State, the Commission shall determine whether the criteria laid down in Article 26 are met. / When adopting an implementing decision as referred to in the first subparagraph, the Council sh…

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 13, Article 28 – paragraph 1: 1. Where the Commission receives multiple notifications in accordance with Article 27(1), and establishes, on its own initiative or at the request of more than one Member State, that a particularly serious threat to internal security or public policy affects a majority of Member States at the same time, in such a way as to put at immediate risk the overall functioning of the area without internal border, it shall be empowered, after having assessed the fulfilment of the criteria laid down in Article 26, to adopt delegated acts in accordance with Article 37 authorising the reintroduction of border controls by Member States where the available measures referred to in Articles 23 and 23a are not sufficient to address that serious threat.

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 13, Article 28 – paragraph 2: 2. The delegated act shall cover a period of up to six months and may be renewed no more than three times for further periods of up to six months, taking into account the review referred to in paragraph 5. The maximum duration of the internal border controls on the basis of the particularly serious threat identified shall not exceed two years.

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 13, Article 28 – paragraph 3: 3. Where Member States reintroduce or prolong border controls because of the threat referred to in paragraph 1, those controls shall, as of the entry into force of the delegated act, be based on that decision.

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RemovedArticle 1 – paragraph 1 – point 13, Article 28 – paragraph 4: 4. The delegated act referred to in paragraph 1 shall also refer to any appropriate mitigating measures that shall be established at national and Union level in order to minimise the impact caused by the reintroduction of border controls.

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 13, Article 28 – paragraph 5: 5. The Commission shall on a regular basis review the evolution of the identified threat as well as the impact of the measures adopted in accordance with the delegated act referred to in paragraph 1, with a view to assessing whether the measures remain justified and to proposing the lifting of internal border controls as soon as possible.

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 13, Article 28 – paragraph 6: 6. Member States shall immediately notify the European Parliament, the Commission and the other Member States in the Council of a reintroduction of border controls in accordance with the delegated act referred to in paragraph 1.

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RemovedArticle 1 – paragraph 1 – point 14 – point b, Article 31 – paragraph 2 – introductory part: 2. Where a Member State notifies the Commission and the other Member States of the reintroduction of border controls in accordance with Article 27(1), it shall at the same time provide the notification to the European Parliament and the Council.

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RemovedArticle 1 – paragraph 1 – point 14 – point b, Article 31 – paragraph 2 – point a: deleted

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RemovedArticle 1 – paragraph 1 – point 14 – point b, Article 31 – paragraph 2 – point b: deleted

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RemovedArticle 1 – paragraph 1 – point 14 – point b, Article 31 – paragraph 2 – point c: deleted

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RemovedArticle 1 – paragraph 1 – point 14 – point b, Article 31 – paragraph 2 – point d: deleted

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RemovedArticle 1 – paragraph 1 – point 14 – point b, Article 31 – paragraph 2 – point e: deleted

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RemovedArticle 1 – paragraph 1 – point 14 – point b, Article 31 – paragraph 3 – subparagraph 1: 3The provision of information may be subject to classification of information by Member States pursuant to Article 27(5).

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RemovedArticle 1 – paragraph 1 – point 14 – point b, Article 31 – paragraph 3 – subparagraph 2: deleted

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RemovedArticle 1 – paragraph 1 – point 14 – point b, Article 31 – paragraph 3 – subparagraph 3: deleted

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RemovedArticle 1 – paragraph 1 – point 15, Article 33 – paragraph 2: 2. Without prejudice to the first paragraph 1, where border controls are prolonged as referred to in Article 25a(5), the Member State concerned shall submit a report at the expiry of six months and every six months thereafter if border control is exceptionally maintained.

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RemovedArticle 1 – paragraph 1 – point 15, Article 33 – paragraph 3: 3. The report shall outline, in particular, the initial and follow-up assessment of the necessity and proportionality of border controls, the fulfilment of the criteria referred to in Articles 26, the operation of the checks, the practical cooperation with neighbouring Member States, the resulting impact on the free movement of persons in particular in the cross-border regions, the effectiveness of the reintroduction of border control at internal borders, including an ex-post assessment of the necessity and proportionality of the reintroduction of border control.

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RemovedArticle 1 – paragraph 1 – point 15, Article 33 – paragraph 6: 6. 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 control entitled (‘State of Schengen report’). The report shall include a list of all decisions to reintroduce border control at internal borders taken during the relevant year as well as the actions taken by the Commission with regard to internal border controls reintroduced. The report shall pay particular attention to the border controls that have been in place for longer than twelve months, and shall include an assessment of the necessity and proportionality of the reintroductions of border controls in the period covered by that report. The report shall be accompanied by the report to be provided pursuant to Article 25 of Regulation (EU) 2022/922 on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, and repealing Regulation (EU) No 1053/2013.

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RemovedArticle 1 – paragraph 1 – point 15 a (new), Article 37: (15a) Article 37 is replaced by the following: / "Article 37 / 2. The power to adopt delegated acts referred to in Article 13(5), Article 21a(2), 28(1) and Article 36 shall be conferred on the Commission for an indeterminate period of time. / 3. The delegation of powers referred to in Article 13(5), Article 21a(2), 28(1) and Article 36 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. / 3a. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making / 5. A delegated act adopted pursuant to Article 13(5), Article 21a(2), 28(1) and Article 36 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament o…

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 15 b (new), Article 37a (new): (15b) The following Article 37a is inserted : / Article 37a / Urgency procedure / 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply for as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. / 2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 37(5). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.

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RemovedArticle 1 – paragraph 1 – point 19, Annex XII – part A – title: Procedure for the possible transfer of persons apprehended in the vicinity of internal borders

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RemovedArticle 1 – paragraph 1 – point 19, Annex XII – part A – paragraph 2: 2. The decision shall be issued by means of a standard form, as set out in Part B, completed by the competent law enforcement authority.

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RemovedArticle 1 – paragraph 1 – point 19, Annex XII – part A – paragaph 3 – introductory part: 3. The national authorities issuing a decision transferring a person shall record the following data:

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RemovedArticle 1 – paragraph 1 – point 19, Annex XII – part A – paragraph 3 – point c: deleted

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RemovedArticle 1 – paragraph 1 – point 19, Annex XII– part A – paragraph 3 – point d: d) the grounds for transfer,

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RemovedArticle 1 – paragraph 1 – point 19, Annex XII – part A – paragraph 3 – point e: e) the date of transfer,

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RemovedArticle 1 – paragraph 1 – point 19, Annex XII – part A – paragraph 4 – introductory part: 4. The national authorities issuing a transfer decision shall collect the following data:

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RemovedArticle 1 – paragraph 1 – point 19, Annex XII – part A – paragraph 4 – point a: deleted

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RemovedArticle 1 – paragraph 1 – point 19, Annex XII – part A – paragraph 4 – pont b: b) the number of persons refused stay and sent back;

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RemovedArticle 1 – paragraph 1 – point 19, Annex XII – part A – paragraph 4 – point c: deleted

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RemovedArticle 1 – paragraph 1 – point 19, Annex XII – part A – paragraph 4 – point f: f) the grounds for refusal of stay;

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RemovedArticle 1 – paragraph 1 – point 19, Annex XII – part A – paragraph 5: 5. Persons refused the right to stay shall have the right to appeal. Appeals shall be conducted in accordance with national law. A written indication of contact points able to provide information on representatives competent to act on behalf of the third-country national in accordance with national law shall also be given to the third-country national in a language that they understand or are reasonably supposed to understand. Lodging such an appeal shall not have suspensive effect.

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RemovedArticle 1 – paragraph 1 – point 19, Annex XII – part A – paragraph 6: 6. The competent law enforcement authority under national law shall ensure that the third-country national subject to a transfer decision is transferred to the competent authorities of the neighbouring Member State immediately and within 12 hours at the latest. The authorities empowered under national law in the neighbouring Member State, having taken part in a joint police patrol, shall cooperate with the authorities of the Member State to that end.

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RemovedArticle 1 – paragraph 1 – point 19, Annex XII – part A – paragraph 7: deleted / (deleted) / (deleted)

RemovedRegulation (EU) No 2016/399

RemovedArticle 1 – paragraph 1 – point 19, Annex XII – part B: Standard form for transferring persons apprehended in the vicinity of the internal borders / TRANSFER PROCEDURE IN THE VICINITY OF INTERNAL BORDERS / □ (A) has no valid identity document(s) / □ / (deleted) / □ (G) does not have sufficient means of subsistence in relation to the period and form of stay, or the means to return to the neighbouring Member State / (GA) is not an applicant for international protection / (GB) is not a minor / The person concerned may appeal against the decision that he/she has no right to stay as provided for in national law. The person concerned receives a copy of this document (each State must indicate the references to the national law and procedure relating to the right of appeal as well as contact points able to provide information on representatives competent to act on behalf of the third-country national).

RemovedDirective 2008/115/EC

RemovedArticle 2, Article 6 – paragraph 3: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 3: deleted / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 4 – paragraph 2: deleted

RemovedThe Schengen area is one of the Union's greatest achievements, a tangible and cherished achievement at the very heart of the EU project, allowing unrestricted travel for more than 400 million people and unique across the world, which has been in place for over 25 years.

RemovedUnfortunately, this area of free movement, without internal border controls, has been at risk for several years. There are many reasons given for the increasing, and increasingly permanent, use of internal border controls within the Schengen area affecting primarily persons: the threat of terrorism, the public health risk linked to pandemics, even the movement of persons across borders itself. The thread connecting such reasons is that they have served as a pretext for Member States to turn inwards.

RemovedThe European Commission has proposed an amended version of the Schengen Borders Code with the aim of strengthening the Schengen area and returning to a fullyfunctioning area without internal border controls. Unfortunately, the approach chosen by the Commission has been to accept those very reasons given for increasing border controls and limiting freedom of movement. Creating new grounds for justifying the introduction of internal border controls or permitting more checks that will look like, and feel like, border control does not seem to match with the aim of the EU Treaties to offer EU citizens an area of freedom, security and justice without internal frontiers. The Rapporteur has decided to focus on primary EU law when proposing amendments to this proposal, seeking to defend the very principles of the Schengen area as they are set out in the Treaties and the Charter of Fundamental Rights, in particular in Article 3 TEU, in Article 67(2) TFEU, and in Article 77(2)(e) TFEU.

RemovedAs regards the provisions related to instrumentalisation, the Rapporteur prefers to remove them from the text since, on the one hand, they serve a geopolitical goal with limited relevance for the rules governing the good functioning of the Schengen area, and, on the other hand, the Commission has made a separate, specific proposal for a Regulation on this subject, which should address all elements linked to that concept.

RemovedRegarding the amendments to the Return directive, the Rapporteur prefers also to suggest that they do not belong in the Schengen Borders Code, based on the principle that they are not consistent with a legal basis that requires the absence of any controls on persons, whatever their nationality, when crossing internal borders. It cannot be the role of the Schengen Borders Code to resolve problems that have arisen in the stalled reform of the EU’s asylum and migration policy. Such provisions are clearly contrary to the spirit of the Schengen Area without internal border control. Moreover, the standstill clause in the Return Directive was intended to ensure that the EU moves to a more harmonised approach. The Rapporteur does not want to move backwards in that respect, by encouraging more bilateral agreements within the Schengen Area that serve only to bi-pass EU rules.

RemovedMore positively, on the Commission’s suggestions with regard to handling pandemic situations and public health emergencies, the Rapporteur broadly supports the European Commission's approach, but given the importance of the decisions that will be taken - at EU level - in this area, it is important that European Parliament is involved in that process.

RemovedAdditionally, regarding one of the key elements of this revision, related to the time limits for reintroducing internal border controls, the Rapporteur has been guided by the ruling of the Grand Chamber of the Court of Justice of the European Union in Joined Cases NW v Landespolizeidirektion Steiermark (C-368/20), Bezirkshauptmannschaft Leibnitz (C-369/20.

RemovedThe draft report contains strict time limits on the reintroduction of internal border controls for Member States, and clear provisions indicating how long they can be maintained.

RemovedIn its proposal, the Commission decided to introduce new provisions governing a serious threat to public policy or internal security which would put at risk the overall functioning of the area without internal border controls, allowing for a Council Decision covering the reintroduction of internal border control in several or more Member States at the same time. The Rapporteur can accept such a mechanism, but believes it should be tightly regulated. The reintroduction of border controls at EU-level should be possible for periods of 6 months, renewable up to a maximum of 2 years.

RemovedTo conclude, the last ten years have shown that it is politically much easier for national politicians to take a decision to reintroduce border controls, than it is for them later to take a decision to lift those internal border controls. The European legislator should not provide more tools with which national politicians can justify internal border controls. We must get back to Schengen not back to pre-Schengen.