Annexes to COM(2016)120 - Back to Schengen - A Roadmap - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2016)120 - Back to Schengen - A Roadmap. |
|---|---|
| document | COM(2016)120  |
| date | March 4, 2016 |
• The agreed relocation schemes are essential tools to lessen the strain on the Member States under greatest pressure and to restore order to the management of migration. In the case of Greece, it has also become a tool of humanitarian assistance. Member States must step up the rate of relocation speeding up processing in line with the need to carry out proper security checks 17 . The Commission stands ready to provide administrative and logistical assistance. In line with the schemes, Member States should also take all steps to inhibit secondary movements by requiring the immediate return to the Member State of relocation and by taking the necessary preventive measures in the field of access to social benefits and legal remedies, in accordance with Union law 18 .
• Humanitarian assistance to Greece should be stepped up, and facilitated through the rapid adoption and implementation of the Commission's proposal on the provision of emergency support within the Union.
In addition, the build-up of migratory pressure in Greece may lead to the increasing use of alternative routes through the wider Balkans region. The EU should make use of all instruments at its disposal (Member State information, EEAS, Commission, Frontex, Copernicus satellite) to monitor the migratory flows and to anticipate any changes of the route. It should also seek to intensify coordination with possible transit countries such as Albania, Montenegro and Bosnia-Herzegovina.
5. Internal border controls: from patchwork to a coherent approach
5.1.The current situation: unilateral reintroduction of internal border controls
Since September 2015, overall eight countries of the Schengen area have reintroduced border controls at their internal borders in view of a serious threat to internal security and public policy related to secondary movements of irregular migrants. The countries concerned are Belgium, Denmark, Germany, Hungary, Austria, Slovenia, Sweden and Norway. The unilateral decisions notified by Member States refer to the influx of high numbers of undocumented or inadequately documented persons, including minors, who were not registered upon their first entry into the EU, and the fact that these massive movements stretch the reception capacities of the respective national authorities and pose a serious threat to public policy or internal security.
While the controls at the internal borders of Slovenia and Hungary have been lifted in the meantime 19 , the other countries have prolonged the controls on several occasions, in line with the Schengen Borders Code.
In all eight cases the countries have based the decision on the unilateral reintroduction of internal border controls on the provision for cases requiring immediate action (Article 25 Schengen Borders Code), which allows for reintroduced controls at internal borders for a period of up to 2 months. As the situation has not improved significantly, the controls have been subsequently prolonged based on Articles 23 and 24 Schengen Borders Code, which allows for reintroduced controls at internal borders for a period of up to 6 months. For the detailed information of the dates of reintroduction of internal border controls and their prolongations, see the overview in Annex I.
France reintroduced internal border controls in November 2015 for reasons not related to irregular migration. The controls were introduced first in the context of the COP21 Conference and then in consequence of the emergency state following the Paris terrorist attacks of 13 November 2015. The internal border controls in France are currently still on-going. Such controls also need to comply with the provisions of the Schengen Borders Code on the introduction of temporary border controls. This Communication does not address internal border controls that were introduced for reasons unrelated to irregular migration. 20 It goes without saying that the intention to return to normality would not preclude the possibility to put in place justified temporary security controls, in line with the Schengen Borders Code. 21
The reintroduction of controls at internal borders is an exceptional measure of temporary character. A combined implementation of Articles 23, 24 and 25 of the Schengen Borders Code allows for maintaining border control for a total period of up to eight months 22 .
5.2.Towards a coherent Union approach
The Schengen Borders Code also provides for a coordinated approach of temporary internal border controls (Article 26).
This provision applies in exceptional circumstances where the overall functioning of the Schengen area is put at risk as a result of persistent serious deficiencies relating to the management of the external border. The provision also requires that those circumstances constitute a serious threat to public policy or internal security within the Schengen area or parts thereof. In such exceptional circumstances, the Commission can submit a proposal to the Council for a Recommendation that one or more Member States reintroduce border controls at all or specific parts of their internal borders.
At this moment in time, there are serious deficiencies in external border control caused by a lack of border surveillance and insufficient registration and identification of irregular migrants. As a consequence of the secondary movements triggered by these deficiencies, Member States have reintroduced internal border controls. These serious deficiencies therefore jeopardise the Schengen area as a whole, and are evidence of a threat to public policy or internal security in that area.
If the migratory pressures and the serious deficiencies in external border control were to persist beyond 12 May, the Commission therefore would need to present a proposal under Article 26(2) of the Schengen Borders Code to the Council recommending a coherent Union approach to internal border controls until the structural deficiencies in external border control are mitigated or remedied. The Commission will be prepared for this eventuality and would act without delay.
Any proposal by the Commission under Article 26 Schengen Borders Code would only propose border controls at those internal border sections where controls would be necessary and proportionate to respond to the serious threat to public policy and internal security identified. The recommended border controls would also be temporary and for the shortest possible period in view of the threat addressed. If the overall situation allows, the objective should be to lift all internal border controls within the Schengen area within six months from their introduction, namely by mid-November 2016.
The application of Article 26 Schengen Borders Code is a safeguard for the overall functioning of the Schengen area. It is not a sanction against any Member States, nor does it aim at excluding any Member State from the Schengen area.
6. Conclusion
The Schengen system is currently severely challenged by its exposure to high migratory pressures, and hampered by serious deficiencies in external border control. These pressures and deficiencies have together put the functioning of the entire system at risk.
The challenges are multi-faceted. The Commission in its Communication of 10 February identified the different policies that need to be put in place to address the crisis in all its complexity. Based on those findings and responding to the call of the European Council to return to a situation in which all Member States fully apply the Schengen Borders Code, this Communication identifies a path back to normality based on the systematic application of the rules. Whilst the identified path cannot be viewed in isolation from other important factors, such as the successful implementation of the EU-Turkey Joint Action Plan, leading to a sustainable and material reduction in the flow of irregular migration, it is now time for Member States to pull together in the common interest to safeguard one of the Union's crowning achievements.
To that end, the roadmap back to a fully functioning Schengen area involves the following steps:
• 4 March 2016 (and monthly thereafter): Greece reports on its progress in implementing the actions identified in the Recommendation on resuming Dublin transfers.
• 12 March 2016 at the latest: Greece provides its action plan to implement the recommendations made by the Council, together with a needs assessment.
• 16 March 2016: Commission Communication on the reform of the Dublin Regulation based on the objective of solidarity and fair burden-sharing between Member States.
• 16 March 2016: the Commission presents its First Report on Relocation and Resettlement.
• 22 March 2016 at the latest: Frontex launches additional calls for contributions to further deploy European Border Guard teams to support Greece.
• 1 April 2016 at the latest: Member States respond to the Frontex call by providing human resources and technical equipment.
• 12 April 2016 at the latest: the Commission presents its assessment of the adequacy of the action plan prepared by Greece.
• 16 April 2016: the Commission presents its Second Report on Relocation and Resettlement.
• 11-17 April 2016: a Schengen evaluation by Commission and Member State experts of air, land and sea borders of Greece will take place.
• 12 May 2016 at the latest: Greece reports on the implementation of the Council recommendations.
• 12 May 2016: if the serious deficiencies in external border control were to persist, the Commission will present a proposal under Article 26(2) of the Schengen Borders Code.
• 13 May 2016: if the serious deficiencies in external border control were to persist, the Council should adopt a recommendation under Article 26(2) of the Schengen Borders Code for a coherent Union approach to temporary internal border controls.
• 16 May 2016: the Commission presents its Third Report on Relocation and Resettlement.
• June 2016 at the latest: the co-legislators reach political agreement on the European Border and Coast Guard and adopt the legal act.
• June 2016: Commission presents its assessment of the possibility of resuming Dublin transfers to Greece.
• August 2016 at the latest: the European Border and Coast Guard is operational.
• September 2016 at the latest: the European Border and Coast Guard has delivered the first vulnerability tests so that any necessary preventive measures can be taken.
• December 2016: if the overall situation allows, the target date for bringing to an end the exceptional safeguard measures taken.
(1)
Paragraph 8 e): "The Council adopted a Recommendation on 12 February 2016. It is important to restore, in a concerted manner, the normal functioning of the Schengen area, with full support for Member States which face difficult circumstances. We need to get back to a situation where all Members of the Schengen area apply fully the Schengen Borders Code and refuse entry at external borders to third-country nationals who do not satisfy the entry conditions or who have note made an asylum application despite having had the opportunity to do so, while taking into account the specificities of maritime borders, including by implementing the EU-Turkey agenda".
(2)
Article 67(2) of the Treaty on the Functioning of the European Union.
(3)
Commission Recommendation on the State of Play of Implementation of the Priority Actions under the European Agenda on Migration (COM(2016) 85 of 10 February 2016).
(4)
Commission Recommendation addressed to the Hellenic Republic on the urgent measures to be taken by Greece in view of the resumption of transfers under Regulation (EU) No. 604/2013 (C(2016) 871 of 10 February 2016).
(5)
According to France Stratégie, trade between countries in the Schengen zone could be reduced by at least 10% through the permanent reintroduction of internal border controls. Another study (Bertelsmann Stiftung Study on Departure from the Schengen Agreement. Macroeconomic impacts on Germany and the countries of the European Union, February 2016) has shown that, in the case of a reintroduction of border controls, over a period of 10 years, the economic performance of the EU as a whole would be between €500 billion and €1.4 trillion lower than without such controls.
(6)
Estimated for road freight transport, cross border passenger mobility, tourism and corresponding administrative costs at the border.
(7)
The share of cross-border commuters is particularly high in Slovakia (5.7%), Estonia (3.5%), Hungary (2.4%) and Belgium (2.3%).
(8)
See Report from the Commission to the European Parliament and the Council: Progress report on the implementation of the hotspots in Greece (COM(2016)141; 4 March 2016).
(9)
Council Implementing Decision setting out a Recommendation on addressing the serious deficiencies identified in the 2015 evaluation of the application of the Schengen acquis in the field of management of the external borders by Greece (12 February 2016).
(10)
Commission Implementing Decision setting out a recommendation on specific measures to be taken by the Hellenic Republic following the evaluation report of 2 February 2016 (C(2016) 1219 of 24 February 2016).
(11)
Commission Implementing Decision establishing the first section of the annual evaluation programme for 2016 in accordance with Article 6 of the Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis (C(2015) 8537 of 9 December 2015). It is planned that the evaluation will consist of on-sites visits to Athens, Thessaloniki and Heraklion airports (air borders), Piraeus, Mytilini Port, Samos Port, Kos Port and Symi Port (sea borders), Border Crossing Points Kipi, Pythio, Tychero, Kastanies, Fylakio, Didymoteicho, Evzonoi and Krystallopigi (land borders).
(12)
The table in Annex II provides an overview of those recommendations for which the Commission and EU Agencies should contribute to ensure their full and timely implementation.
(13)
In line with the conclusions of the European Council of 18 and 19 February 2016, paragraph 8 f).
(14)
Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection.
(15)
Commission Recommendation addressed to the Hellenic Republic on the urgent measures to be taken by Greece in view of the resumption of transfers under Regulation (EU) No. 604/2013 (C(2016) 871 of 10 February 2016).
(16)
Commission Recommendation for a voluntary humanitarian admission scheme with Turkey, (C(2015) 9490 of 15 December 2015).
(17)
In line with the conclusions of the European Council of 18 and 19 February 2016, paragraph 8 h).
(18)
See in this regard, for instance, the judgment of the Court of Justice of the European Union in Joined Cases C-443/14 and C-444/14 Alo and Osso of 1 March 2016.
(19)
Slovenia and Hungary did not prolong controls after 30 and 10 days respectively, in response to the decline of the identified threats.
(20)
Malta reintroduced internal border controls on 9 November in the context of the Commonwealth Heads of Government Meeting and the Valletta Conference on Migration, and subsequently prolonged these controls for reasons of a global terrorist threat and with the aim to dismantle a smuggling ring. Malta lifted the internal border controls on 31 December 2015.
(21)
For example, for the purposes of dealing effectively with the security implications of major sporting events, political demonstrations or high-profile political meetings.
(22)
Accordingly, if continued, the internal border controls that countries reintroduced unilaterally under the Schengen Borders Code would have to expire at the latest by 13 May for Germany, 15 May for Austria, 9 July for Sweden and 15 July for Norway.