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Schengen: Temporary reintroduction of internal border controls: Council mandate for negotiations with European Parliament
9.7.18
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"At its meeting on 19 June 2018 the Permanent Representatives Committee agreed on the mandate for negotiations with the European Parliament with regard to the above draft Regulation, as it is set out in the Annex.

The changes vis-à-vis the Commission proposal are highlighted in bold/italics and strikethrough."

See: Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/399 as regards the rules applicable to the temporary reintroduction of border control at internal borders (10417/18, 22 June 2018, pdf)

And see the preceding LIMITE document: 9852/18 (14 June 2018, pdf):

"...the aforementioned legislative proposal has been comprehensively negotiated at technical level in numerous meetings of the Working Party on Frontiers and the JHA Counsellors. In this context, various compromise suggestions have been tested by the previous and the current Presidency, aiming at bridging the divergent views of groups of delegations on certain important issues of the proposal. The overall objective has been to provide measures that can improve flexibility to address emerging different security threats, while submitting appropriate guarantees for the last-resort character of such measures and, consequently, preserving and enhancing trust among the Schengen States.

Main elements of the draft compromise

The main parameters of the draft compromise, besides a restructuring of the relevant Articles in order to increase their readability, are the following:

• Article 25 SBC provides for a general framework of the temporary reintroduction or prolongation of the internal border controls. In this context, it is provided that the total period of such controls for the same reason shall not exceed one year. Moreover, the relationship with Article 29 SBC is clarified;
• Article 27 SBC sets out the procedure for the reintroduction or prolongation(s) of the internal border controls, including further elaboration on the criteria for such controls laid out in Article 26 SBC, with the necessary safeguards that should be met in order to ensure the proportionality and necessity of these measures. This Article focuses, inter alia, on the risk assessment and consultations mechanisms, which are envisaged to serve decisively as trust-building elements in the application of the internal border controls;
• Article 27a contained in the Commission proposal, whereby a prolongation of the internal border controls beyond one year was provided subject to a Recommendation by the Council, was deleted as part of the current compromise package;
• Article 1a deals with possible cases where, upon the entry into force of the future Regulation, there will be on going internal border controls.

Conclusion

In the light of the results of the aforementioned negotiations at technical level, the Presidency believes that the overall compromise on the draft Regulation, as set out in the Annex to this Note, is a balanced one and can receive a sufficient degree of support by delegations. It therefore, invites the Committee to confirm this support and give a mandate for negotiations with the European Parliament on this basis."

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