Changes from report parliamentary committee draft to plenary report

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 six months in total, the Commission shall issue an opinion on necessity and proportionality of such internal border controls.

AddedRegulation (EU) No 2016/399

RemovedIn a context where internal border control remains the exception, waiting for 18 months before having an opinion of the Commission is not feasbile. In line with earlier amendments, this opinion should be presented automatically when internal border control is prolonged beyond six months.

AddedArticle 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).

Change 55

ChangedRegulation (EU) No 2016/399

Change 56

RemovedArticle 1 – paragraph 1 – point 12, Article 27a – paragraph 5: deleted

AddedArticle 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.

Change 57

ChangedRegulation (EU) No 2016/399

Change 58

ChangedArticle 1 – paragraph 1 – point 13,11, Article 2827 – paragraph 1:5: 1.5. WhereMember theStates Commission,submitting establishesa thatnotification aunder particularlyparagraphs serious1 threator to2 internalmay, securitywhere ornecessary publicand policyin affectsaccordance awith majoritynational oflaw, Memberdecide Statesto atclassify parts of the samenotified time,information. in/ suchSuch aclassification wayshall asnot preclude access to putinformation, atthrough immediateappropriate riskand secure police cooperation channels, by the overallother functioningMember ofStates affected by the areatemporary withoutreintroduction of border controls at internal border,borders itor may,information makebeing amade proposalavailable to the CouncilEuropean toParliament. adoptThe ‒transmission afterand havinghandling consultedof Europeaninformation Parliamentand ‒documents antransmitted implementingto decisionthe authorisingEuropean theParliament reintroductionaccording ofto borderthis controlsparagraph byshall Membercomply Stateswith whererules concerning the availableforwarding measuresand referredhandling toof inclassified Articlesinformation 23which are notapplicable sufficientbetween tothe addressEuropean Parliament and the threat.Commission.

Change 59

ChangedRegulation (EU) No 2016/399

Change 60

RemovedArticle 1 – paragraph 1 – point 13, Article 28 – paragraph 2: 2. The decision shall cover a period of up to six months and may be renewed no more than three times, upon proposal from the Commission, 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.

AddedArticle 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.

RemovedSince the threat is particularly serious and exists at a Union level, a potentially longer period for resolving the problem is acceptable. Nevertheless, the mechanism must come to an end after two years, as is required under Article 29 in respect of the specific procedure where exceptional circumstances put the overall functioning of the area without internal border control at risk.

AddedRegulation (EU) No 2016/399

RemovedRegulation (EU) 2016/399

AddedArticle 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.

RemovedArticle 1 – paragraph 1 – point 13, Article 28 – paragraph 3: deleted

AddedRegulation (EU) No 2016/399

RemovedRegulation (EU) 2016/399

AddedArticle 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.

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

AddedRegulation (EU) No 2016/399

RemovedThe Commission should be encouraged to work towards the re-establishment of the area of internal border control as soon as possible.

AddedArticle 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.

Change 61

ChangedRegulation (EU) No 2016/399

Change 62

ChangedArticle 1 – paragraph 1 – point 13,12, Article 2827a – paragraph 6:4: 6.4. MemberWhere Statesan shallopinion immediatelyreferred notifyto thein Commission,paragraphs the2 Europeanor Parliament,3 andis theissued, otherthe MemberCommission Statesshall inestablish thea Councilconsultation ofprocess, ain reintroductionaccordance ofwith borderparagraph controls1, in accordanceorder withto thediscuss decisionthe referredopinion towith inthe paragraphMember 1.States.

Change 63

ChangedRegulation (EU) No 2016/399

Change 64

RemovedArticle 1 – paragraph 1 – point 13, Article 28 – paragraph 7: 7. The Commission may issue a recommendation indicating other measures as referred to in Article 23 that could complement internal border controls or be more suitable to address the identified threat to internal security or public policy as referred to in paragraph 1.

AddedArticle 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…

Change 65

ChangedRegulation (EU) No 2016/399

Change 66

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 of the following:

AddedArticle 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.

RemovedThere is no need for additional bureaucracy regarding notifications of internal border controls. The Member States should send the same notification - with the same level of detail - to the Parliament and the Council, without prejudice to their right to classify some of the information in the notification.

AddedRegulation (EU) No 2016/399

RemovedRegulation (EU) 2016/399

AddedArticle 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.

AddedRegulation (EU) No 2016/399

AddedArticle 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.

AddedRegulation (EU) No 2016/399

AddedArticle 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.

AddedRegulation (EU) No 2016/399

AddedArticle 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.

AddedRegulation (EU) No 2016/399

AddedArticle 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.

AddedRegulation (EU) No 2016/399

AddedArticle 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.

AddedRegulation (EU) No 2016/399

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

Change 67

ChangedRegulation (EU) No 2016/399

Change 68

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

AddedRegulation (EU) No 2016/399

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

Change 69

ChangedRegulation (EU) No 2016/399

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

Change 70

ChangedRegulation (EU) No 2016/399

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

Change 71

ChangedRegulation (EU) No 2016/399

Change 72

AddedArticle 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).

AddedRegulation (EU) No 2016/399

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