The Council reached a general approach on the amendments to Schengen

Justice and Home Affairs Ministers reached a general approach on the both Schengen related legislative proposals that are currently under discussion: Schengen evaluation mechanism and Schengen Borders Code. The compromise text provides for the possibility to reintroduce controls at internal borders in three specific cases.

The general approach reached by the Council on Schengen which will now be the basis for negotiations with the European Parliament. The compromise text provides for the possibility to reintroduce controls at internal borders in three cases – two under the heading "Serious threat to public policy or internal security", one linked to the Schengen evaluation mechanism under the heading "Specific measures in case of serious deficiencies related to the external border controls". This would modified the Schengen Borders Code established by Regulation (EC) Nº 562/2006 and amends the European Commission's proposal tabled in September 2011.

Regarding the revision of the Schengen evaluation mechanism also tabled in September 2011 by the Commission, the Council unanimously decided to change the legal basis of the proposal from Article 77(2)(e) to Article 70 TFEU (10319/2/12). The Council also decided to consult the European Parliament on a voluntary basis to ensure that the opinion of the Parliament will, to the fullest extent possible, be taken into consideration by the Council in all its aspects before the adoption by the Council of the final text.

In addition, it proposes to mention on the final text some provisions such as purpose and scope, responsibilities, evaluations and evaluations reports, multiannual and annual programmes, follow-up, serious deficiencies, and yearly summary report. On the other hand, in this context, Ministers held a political discussion on the implementation of a common framework for genuine and practical solidarity towards member states facing particular pressures due to mixed migration flows. They focused in particular on the support to Greece in the areas of border, asylum and migration management.