Changes from report parliamentary committee draft to plenary report

Change 73

RemovedThe right of Member States to classify the information should be retained. A further right not to provide the information is counter-productive and contrary to the spirit of mutual and sincere cooperation.

AddedRegulation (EU) No 2016/399

RemovedRegulation (EU) 2016/399

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

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 if border control is exceptionally maintained.

AddedRegulation (EU) No 2016/399

RemovedRegulation (EU) 2016/399

AddedArticle 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.

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 of border controls and the respect 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 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.

AddedRegulation (EU) No 2016/399

RemovedRegulation (EU) 2016/399

AddedArticle 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.

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. The report shall pay particular attention to the border controls that have been in place for longer than six 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 also cover the reporting obligations resulting from Article 20 of the Schengen Evaluation Mechanism.

AddedRegulation (EU) No 2016/399

RemovedThe State of Schengen Report should focus on the Schengen Area without internal border control and the lifting of internal border controls that have been introduced.

AddedArticle 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.

Change 74

ChangedRegulation (EU) No 2016/399

Change 75

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

AddedArticle 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…

Added(02016R0399)

AddedRegulation (EU) No 2016/399

AddedArticle 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.

AddedRegulation (EU) No 2016/399

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

AddedRegulation (EU) No 2016/399

AddedArticle 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.

AddedRegulation (EU) No 2016/399

AddedArticle 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:

AddedRegulation (EU) No 2016/399

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

AddedRegulation (EU) No 2016/399

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

AddedRegulation (EU) No 2016/399

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

AddedRegulation (EU) No 2016/399

AddedArticle 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:

AddedRegulation (EU) No 2016/399

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

AddedRegulation (EU) No 2016/399

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

AddedRegulation (EU) No 2016/399

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

AddedRegulation (EU) No 2016/399

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

AddedRegulation (EU) No 2016/399

AddedArticle 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.

AddedRegulation (EU) No 2016/399

AddedArticle 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.

AddedRegulation (EU) No 2016/399

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

AddedRegulation (EU) No 2016/399

AddedArticle 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).

Directive 2008/115/EC

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

Change 76

RemovedThe 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 only serve to bypass EU rules.

Article 3: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Change 77

AddedArticle 4 – paragraph 2: deleted