Text · Comparison of two versions

Changes from plenary report to adopted text

A-9-2023-0280 → TA-9-2024-0323

From: A-9-2023-0280 Plenary report of 27 Sept 2023
To: TA-9-2024-0323 Adopted text of 24 Apr 2024
Changes: Not comparable
Paragraphs: +9 added · −284 removed · 0 changed

More facts (2)

Title (from): on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/399 on a Union Code on the rules governing the movement of persons across borders
Title (to): Schengen Borders Code

Title (from): on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/399 on a Union Code on the rules governing the movement of persons across borders
Title (to): Schengen Borders Code

These two texts have too little in common to be compared paragraph by paragraph (under 15 % of their paragraphs match): they are different documents rather than versions of one — for example a group’s motion and the joint text that was adopted.

Every difference

The full paragraph comparison, packaging included; long runs of unchanged paragraphs are folded. One part of the text per page.

Part 2 of 6: Paragraphs 61–120

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.

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