Explanatory Memorandum to COM(2024)174 - - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)174 - . |
|---|---|
| source | COM(2024)174 |
| date | 16-04-2024 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
Despite its solid foundations, the Schengen area without controls at internal borders (“the Schengen area”) remains exposed to challenges that are not confined to the territory of one single Member State. In 2023, the Schengen area continued to be confronted with several pressing vulnerabilities at both national and European levels in core areas of the Schengen system that require an effective joint response.
Efforts made over the past years to reinforce the governance framework have laid the foundation for coordinated action between Member States and at Union level. The 2024 State of Schengen report demonstrates the Commission’s continued commitment to strengthening the governance of the Schengen area. The report, initiating the 2024-2025 Schengen cycle, serves as an essential resource for political decision-making and operational follow-up at both European and national levels. Building on Schengen evaluations conducted in 2023, the report provides an overview of the Schengen area's current state, assessing progress at the conclusion of the yearly governance cycle and pinpointing priority areas that require further attention.
Ensuring the proper functioning of the area without controls at internal borders between the Member States is a joint endeavour and shared responsibility that requires a coherent and coordinated approach. While the governance of the Schengen area has been reinforced with the launch of the first Schengen cycle in 2022, it still lacks a framework to identify and implement priorities based on common ownership and collective responsibility of all Member States. The result is often limited coordination and a frequent lack of joint implementation of the Schengen rules, leading to unilateral action and fragmented measures. The lack of this structured framework diminishes the capacity of the annual Schengen cycle to preserve and strengthen the integrity of the Schengen area.
In line with the way forward announced in the 2023 State of Schengen report, the 2024 report is therefore accompanied by a Commission proposal for a Council Recommendation. The aim of the present proposal for a Council Recommendation is to focus on a select number of issues, requiring Member States to act individually as well as collectively within the remit of the Schengen Council, in line with the existing policy initiatives on Schengen matters. Based on the priorities identified in the 2024 State of Schengen Report, the Commission proposes that the Council Recommendation focuses on:
- Consolidating the Schengen governance framework;
- Enhancing the preparedness, security, and resilience of the external borders;
- Accelerating the digitalisation of the Schengen area;
- Intensifying measures against cross-border crime and unauthorised movements; and
- Contributing to establishing an effective EU system for return.
This Proposal for a Council Recommendation on the Schengen area is intended to serve as input for the upcoming Schengen Council meeting on 13/14 June 2024, during which the Council is expected to agree on the priorities for the upcoming 2024/2025 Schengen cycle. The implementation of this Recommendation should be monitored by the Council, with Member States, the Commission and relevant JHA Agencies regularly reporting on specific workstreams. The results of the Schengen evaluation and monitoring activities will be embedded in this process.
• Consistency with existing policy provisions in the policy area
This Recommendation seeks to step up the effective implementation of the Schengen acquis in a coordinated manner.
• Consistency with other Union policies
This Recommendation seeks to make a positive contribution to a fully operational and resilient Schengen area, facilitating the unrestricted movement of over 425 million people. This recommendation is in line with other Union policies, including those regarding security and migration, namely the Pact on Migration and Asylum and the Security Union Strategy.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The Treaty on the Functioning of the European Union (TFEU), and in particular points (a), (b), (d) and (e) of Article 77(2) and point (c) of Article 79(2) as well as Article 292, first and second sentence, thereof.
• Subsidiarity (for non-exclusive competence)
Article 292 TFEU enables the Council to adopt recommendations. According to this provision, the Council shall act on a proposal from the Commission in all cases where the Treaties provide that it shall adopt acts on a proposal from the Commission.
This applies in the current situation, as ensuring a coordinated approach to common priorities having an impact on the functioning of the Schengen area cannot be sufficiently achieved by the Member States acting alone and can be better achieved at the level of the Union.
• Proportionality
This proposal aims at ensuring the adoption of coordinated measures to avoid an inconsistent and fragmented implementation of the Schengen-wide priorities. The proposal does not go beyond what is necessary and proportionate for achieving the intended objectives.
• Choice of the instrument
n.a.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
n.a.
• Stakeholder consultations
n.a.
• Collection and use of expertise
n.a.
• Impact assessment
n.a.
• Regulatory fitness and simplification
n.a.
4. BUDGETARY IMPLICATIONS
The proposal will not generate new funding requirements and will support an effective implementation of EU funds, by ensuring a strategic prioritisation at EU and national levels.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The implementation of the proposed Recommendation requires a close monitoring by the Council and the Commission, which will form a key part of 2024-2025 Schengen Cycle. In December 2024, the Council should take stock of the progress made and the Commission should report on the level of implementation of the Recommendation in the 2025 State of Schengen report.