Avrupa Parlamentosu Temel Haklar, Adalet ve İçişleri Komisyonu 25 Nisan'da yaptığı oturumda Avrupa Birliği´ne girişlerde vize başvurusunda bulunmak zorunda olan ülke vatandaşları hakkındaki AB yasasının değiştirilmesi ile ilgili bir oylama gerçekleştirdi.
Schengen: internal border checks must be a last resort
Visa policy / Schengen
Schengen Treaty Member States may reimpose checks at internal borders in the event of a serious threat to their public policy or to internal security, for up to ten days, after which the decision to do so must be collective, says draft legislation as amended by the Civil Liberties Committee on Wednesday. In a separate vote on visa legislation, MEPs also backed a clause allowing the emergency reimposition of visa requirements for third country nationals crossing the EU's external frontiers.
The Schengen Treaty allows its Member States to reimpose checks at their shared borders: one clause, used 26 times to date, permits this in the event of "a serious threat to public policy or to internal security". This clause has been activated for international sports events, and more recently, after the Utøya massacre in Norway.
Rebuilding trust
It was the reimposition of checks at the Franco-Italian border, in April 2011 (at a time of heightened mistrust among Member States), that led to the proposed reform now before Parliament. The reform seeks to strengthen security mechanisms so as to restore trust in the Schengen area.
By approving a rapport by Renate Weber (ALDE, RO), with 47 votes in favour, 7 against and 2 abstentions, the committee gave her a mandate to negotiate with the Council.
Migration, as such, is not a threat to security
MEPs reiterate that "migration and the crossing of external borders by a large number of third-country nationals should not per se be considered a threat to public policy or internal security". They stress that reimposing border checks must remain an exceptional measure, and a last resort.
The report sets out several scenarios that might justify reimposing checks: in the event of a serious and imminent threat to public order or internal security, checks could be reimposed for up to six months. The initial text would have empowered the European Commission to take this decision, which is currently a matter for Member States.
MEPs would prefer it to remain a matter for Member States, but propose that the decision-taking process should be better-coordinated and more collegial.
In the event of an emergency requiring immediate action, a Member State may reimpose checks, on its own initiative, for up to five days.The committee inserted an amendment increasing this period to ten days.
Finally, in the event of "persistent, serious deficiencies" in a Member State's management of its portion of an EU external frontier, the Commission could decide that checks must be reimposed.
New rules allowing temporary suspension of visa waivers
The committee also approved a report by Agustín Díaz de Mera (EPP, ES), with 51 votes in favour, 3 against and 3 abstentions, on a proposal to insert a safeguard clause to allow the rapid, temporary suspension of visa waivers for third countries in emergencies.
MEPs describe this as a "mechanism for rapid, temporary suspension", and stipulate that this, too, may be used only as a last resort. In the event of a "sudden and substantial" increase in the number of third-country nationals staying illegally on a Member State's territory, or in the number of asylum requests rejected, and if this seriously affects the situation as regards migrants in the Member State concerned, then the European Commission may reimpose the visa requirement.
The proposal also seeks to strengthen the "reciprocity mechanism" which provides for the reimposition of visa requirements for the nationals of third countries that reimpose them for the nationals of a Member State.
Next steps
After this straw vote, the rapporteur will enter into talks with the Council, with a view to reaching a first-reading agreement.
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Committee warns member states against meeting migration with border checks
Migration should not be used as a reason to reintroduce internal border checks in the Schengen area, according to the civil liberties committee (LIBE). Members voted on 25 April in favour of a report stating that internal border controls should be used as a last resort only. The report by Romanian Liberal-Democrat Renate Weber also calls on member states to consult with the Commission and other member states before taking any action. We asked Ms Weber to tell us more about it.
How do you feel about the result of the LIBE vote?
It is a very strong mandate for negotiating with the Council. I'm very pleased about this. The support is for this idea that we all cherish: free movement within the Schengen area and we want to preserve it. The LIBE committee made it very clear we don't want to allow other extraordinary circumstances but those that exist at the moment.For example, we will not agree with having migration considered as a threat to national security to allow the reintroduction of border controls. My colleagues also almost unanimously agreed with the idea of having this collective/community approach when deciding to reintroduce border controls, because member states will have to consult with the Commission and with affected member states when taking the decision.
Are you concerned that member states could unilaterally reestablish internal border controls to the detriment of the single market and EU citizens' freedom of movement unless the Commission draws up common guidelines?
It's not only what one member state believes, but also how it affects the other member states. This is why this type of community approach is so normal. We are in this together and we have to work together and consult before doing things.
If we convince the Council to go along with our lines, that means that in every circumstance a member state would be obliged to discuss it with the Commission and the other member states before taking any decision and see in fact if this is the most appropriate decision. The only exception is of course when there are unpredictable and unforeseen circumstances such as a terrorist threat. In such circumstance the member state has ten days to reintroduce border controls but afterwards it has to apply the same consultation procedure .
What sort of threat do you feel would warrant temporarily reintroducing internal borders?
We mentioned in the report that it has to be a serious and imminent threat. We don't want someone to take such a radical decision on the impression that something may arise. The reintroduction of border controls is the last resort. Normally member states should be able to handle all these situations within the normal democratic mechanisms.
Apart from the Parliament, the Council will also have to approve the Commission proposal on common rules on the temporary reintroduction of border controls at internal borders in exceptional circumstances
Schengen: internal border checks must be a last resort
Visa policy / Schengen
Schengen Treaty Member States may reimpose checks at internal borders in the event of a serious threat to their public policy or to internal security, for up to ten days, after which the decision to do so must be collective, says draft legislation as amended by the Civil Liberties Committee on Wednesday. In a separate vote on visa legislation, MEPs also backed a clause allowing the emergency reimposition of visa requirements for third country nationals crossing the EU's external frontiers.
The Schengen Treaty allows its Member States to reimpose checks at their shared borders: one clause, used 26 times to date, permits this in the event of "a serious threat to public policy or to internal security". This clause has been activated for international sports events, and more recently, after the Utøya massacre in Norway.
Rebuilding trust
It was the reimposition of checks at the Franco-Italian border, in April 2011 (at a time of heightened mistrust among Member States), that led to the proposed reform now before Parliament. The reform seeks to strengthen security mechanisms so as to restore trust in the Schengen area.
By approving a rapport by Renate Weber (ALDE, RO), with 47 votes in favour, 7 against and 2 abstentions, the committee gave her a mandate to negotiate with the Council.
Migration, as such, is not a threat to security
MEPs reiterate that "migration and the crossing of external borders by a large number of third-country nationals should not per se be considered a threat to public policy or internal security". They stress that reimposing border checks must remain an exceptional measure, and a last resort.
The report sets out several scenarios that might justify reimposing checks: in the event of a serious and imminent threat to public order or internal security, checks could be reimposed for up to six months. The initial text would have empowered the European Commission to take this decision, which is currently a matter for Member States.
MEPs would prefer it to remain a matter for Member States, but propose that the decision-taking process should be better-coordinated and more collegial.
In the event of an emergency requiring immediate action, a Member State may reimpose checks, on its own initiative, for up to five days.The committee inserted an amendment increasing this period to ten days.
Finally, in the event of "persistent, serious deficiencies" in a Member State's management of its portion of an EU external frontier, the Commission could decide that checks must be reimposed.
New rules allowing temporary suspension of visa waivers
The committee also approved a report by Agustín Díaz de Mera (EPP, ES), with 51 votes in favour, 3 against and 3 abstentions, on a proposal to insert a safeguard clause to allow the rapid, temporary suspension of visa waivers for third countries in emergencies.
MEPs describe this as a "mechanism for rapid, temporary suspension", and stipulate that this, too, may be used only as a last resort. In the event of a "sudden and substantial" increase in the number of third-country nationals staying illegally on a Member State's territory, or in the number of asylum requests rejected, and if this seriously affects the situation as regards migrants in the Member State concerned, then the European Commission may reimpose the visa requirement.
The proposal also seeks to strengthen the "reciprocity mechanism" which provides for the reimposition of visa requirements for the nationals of third countries that reimpose them for the nationals of a Member State.
Next steps
After this straw vote, the rapporteur will enter into talks with the Council, with a view to reaching a first-reading agreement.
--------------
Committee warns member states against meeting migration with border checks
Migration should not be used as a reason to reintroduce internal border checks in the Schengen area, according to the civil liberties committee (LIBE). Members voted on 25 April in favour of a report stating that internal border controls should be used as a last resort only. The report by Romanian Liberal-Democrat Renate Weber also calls on member states to consult with the Commission and other member states before taking any action. We asked Ms Weber to tell us more about it.
How do you feel about the result of the LIBE vote?
It is a very strong mandate for negotiating with the Council. I'm very pleased about this. The support is for this idea that we all cherish: free movement within the Schengen area and we want to preserve it. The LIBE committee made it very clear we don't want to allow other extraordinary circumstances but those that exist at the moment.For example, we will not agree with having migration considered as a threat to national security to allow the reintroduction of border controls. My colleagues also almost unanimously agreed with the idea of having this collective/community approach when deciding to reintroduce border controls, because member states will have to consult with the Commission and with affected member states when taking the decision.
Are you concerned that member states could unilaterally reestablish internal border controls to the detriment of the single market and EU citizens' freedom of movement unless the Commission draws up common guidelines?
It's not only what one member state believes, but also how it affects the other member states. This is why this type of community approach is so normal. We are in this together and we have to work together and consult before doing things.
If we convince the Council to go along with our lines, that means that in every circumstance a member state would be obliged to discuss it with the Commission and the other member states before taking any decision and see in fact if this is the most appropriate decision. The only exception is of course when there are unpredictable and unforeseen circumstances such as a terrorist threat. In such circumstance the member state has ten days to reintroduce border controls but afterwards it has to apply the same consultation procedure .
What sort of threat do you feel would warrant temporarily reintroducing internal borders?
We mentioned in the report that it has to be a serious and imminent threat. We don't want someone to take such a radical decision on the impression that something may arise. The reintroduction of border controls is the last resort. Normally member states should be able to handle all these situations within the normal democratic mechanisms.
Apart from the Parliament, the Council will also have to approve the Commission proposal on common rules on the temporary reintroduction of border controls at internal borders in exceptional circumstances
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