Changes from plenary report to adopted text

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.

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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…

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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.

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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.

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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.

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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.

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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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