Members of the European Parliament's Committee on Civil Liberties (LIBE) were called upon, on Monday 22 October in the evening in Strasbourg, to give their opinion on the reform of the Schengen Borders Code proposed in September 2017 by the Commission in response to Member States' requests to extend their controls at the internal borders of the Schengen area of free movement, in relation to threats to public security, terrorism and migration flows.
Member States expressed their views in June (see EUROPE 12044) by authorising new controls at internal borders on the basis of new threats for a period not exceeding one year. The version presented by the Commission made it possible to carry out checks lasting up to three years (see EUROPE 11871).
In his draft, the Slovenian rapporteur, Tanja Fajon (S&D), insists on safeguards - including procedural safeguards - to limit the grounds for extending these internal controls as much as possible. It rejects the Commission's initial text, which it considers only serves to legalise the current practices of certain Member States (Germany, Austria, France, Sweden, Denmark) aimed at using all possible articles of the Schengen Code to extend these measures.
If the Member considers that these controls introduced because of new threats to public security can indeed be authorised for a period of up to one year, as agreed by the EU Council, she proposes a progressive system imposing additional obligations and procedural guarantees with each extension.
These requirements would be made after two months of extension and not after six months, as requested by the Member States and the Commission. Member States, if they want to extend the controls beyond the initial two months, would be obliged to provide, inter alia, a detailed risk assessment. A subsequent extension of controls beyond six months should only be possible following a formal authorisation procedure by the Council, which the Council has not adopted.
The vote is likely to be close, says a parliamentary source.
No fewer than 208 amendments have been tabled to the draft 'Fajon' report. French MEP Brice Hortefeux (EPP) has already said that he is opposed to the Slovenian MPE's vision, which proposes "lighter conditions" and shorter extension periods than at present, which he believes goes against "citizens' concerns". EUROPE will come back to this. (Original version in French by Solenn Paulic)