What changed between the draft committee report and the plenary report

Added:Regulation (EU) No 2016/399

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

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Changed:Regulation (EU) No 2016/399

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Changed:Article 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 Commission, the Europeantitle: Parliament,Procedure andfor the other Member Statestemporary ofreintroduction theor reintroductionprolongation of border controls, in accordancecontrol withat Articleinternal 27(1).borders

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Changed:Regulation (EU) No 2016/399

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Changed:Article 1 – paragraph 1 – point 9, Article 25a – paragraph 5: 5. For the purposes of paragraph 4, and without prejudice2: to2. ArticleThe 27a(4),Member borderState controlshall, 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 Statesame maytime prolongas thereintroducing border control at internal borders for renewable periods of up to three months. /under Anyparagraph prolongation1, shallnotify bethe notifiedEuropean toParliament, the Commission,Council, the European ParliamentCommission and the other Member States in accordance with Article 27 and withinof the time limits referred to in paragraph 4. The maximum durationreintroduction of border control at internal borderscontrols, shallin notaccordance exceedwith oneArticle year.27(1).

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Removed:Given that internal border control should remain the exception and not the rule, a period of six months internal border control without further assessment is deemed too long. Internal border control cannot become the de facto situation in an area without internal border control. The Member State should be in a position, within a period of one year, to resolve the identified threat or to have implemented other measures to properly manage the threat.

Added:Regulation (EU) No 2016/399

Removed:Regulation (EU) 2016/399

Added:Article 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.

Added:Regulation (EU) No 2016/399

Added:Article 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.

Added:Regulation (EU) No 2016/399

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

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Changed:Regulation (EU) No 2016/399

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Changed:Article 1 – paragraph 1 – point 10, Article 26 – paragraph 1 – point b:introductory (b)part: whether1. measuresTo otherestablish thanwhether the temporary reintroduction or prolongation of border control at internal borders areis likelynecessary toand sufficientlyproportionate remedyin theaccordance threatwith toArticle public25, policya orMember internalState security;shall /first (deleted)assess /in (deleted)particular:

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Removed:It is important to set out clear and detailed requirements for the Member States when assessing whether internal border control is necessary and proportionate. If the internal border will not remedy the threat identified, the Member State should not introduce internal border control.

Added:Regulation (EU) No 2016/399

Removed:Regulation (EU) 2016/399

Added:Article 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;

Removed:Article 1 – paragraph 1 – point 10, Article 26 – paragraph 1 – point b a new: (ba) the proportionality of the temporary reintroduction of border control in relation to the threat to public policy and internal security by taking into account: / – movement of persons within the area without internal border control / and / - the functioning of the cross-border regions, taking into account the strong social and economic ties between them;

Added:Regulation (EU) No 2016/399

Removed:Regulation (EU) 2016/399

Added:Article 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;

Removed:Article 1 – paragraph 1 – point 10, Article 26 – paragraph 1 – point b b new: (bb) whether the reintroduction of border controls at internal borders is likely to adequately remedy the threat to public policy or internal security.

Added:Regulation (EU) No 2016/399

Removed:Regulation (EU) 2016/399

Added:Article 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;

Removed:Article 1 – paragraph 1 – point 10, Article 26 – paragraph 2 – introductory part: 2. Where a Member States decides to prolong the border control at internal borders pursuant to Article 25a(5), it shall carry out a risk assessment which should reassess the criteria laid down in paragraph 1 and assess in detail whether the objectives pursued by such prolongation could be attained by:

Added:Regulation (EU) No 2016/399

Removed:Regulation (EU) 2016/399

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

Added:Regulation (EU) No 2016/399

Added:Article 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;

Added:Regulation (EU) No 2016/399

Added:Article 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.

Added:Regulation (EU) No 2016/399

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

Added:Regulation (EU) No 2016/399

Added:Article 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.

Added:Regulation (EU) No 2016/399

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

Added:Regulation (EU) No 2016/399

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

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Changed:Regulation (EU) No 2016/399

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Removed:Article 1 – paragraph 1 – point 11, Article 27 – paragraph 2: 2. Where border controls have been in place for three 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). The risk assessment shall present the scale and anticipated evolution of the identified serious threat, in particular how long the identified serious threat is expected to persist and which sections of the internal borders may be affected, as well as information regarding coordination measures with the other Member States impacted or likely to be impacted by such measures.

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

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Changed:Regulation (EU) No 2016/399

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Removed:Article 1 – paragraph 1 – point 11, Article 27 – paragraph 3: deleted

Added:Article 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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Changed:Regulation (EU) No 2016/399

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Removed:Article 1 – paragraph 1 – point 11, Article 27 – paragraph 4: 4. The Member State concerned shall upon request by the Commission, provide any further information, including on the coordination measures with the Member States affected by the planned prolongation of border control at internal borders as well as further information needed to assess the possible use of measures referred to in Article 23.

Added:Article 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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Changed:Regulation (EU) No 2016/399

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Removed:Article 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, as well as the ways of ensuring implementation of the mutual cooperation between the Member States in relation to the reintroduced border controls.

Added:Article 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);

Removed:The principles of necessity and proportionality should guide decisions on internal border controls and not a test of relevance.

Added:Regulation (EU) No 2016/399

Removed:Regulation (EU) 2016/399

Added:Article 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.