INTRODUCTION
The
migratory and refugee crisis has put the application of the Schengen acquis and
of the asylum acquis under severe pressure during the last years, with an
unprecedented influx of migrants over the last months. In this context, several
Member States have temporarily reintroduced border control at their internal
borders, with reference to a serious threat to public policy or internal
security as provided for by the Schengen Borders Code. Temporary controls at
internal borders have also been carried out by a Member State for reasons related
to terrorism, following the attacks in Paris on 13 November 2015. In addition,
some Member States have taken specific measures to reinforce the control at
their external borders.
In its
Conclusions of 9 November 2015 on measures to handle the refugee and migration
crisis, the Council has identified a number of measures to implement fully the
orientations already agreed by the European Council . These measures address a wide range of issues, including in particular
reception capacities, hotspots, relocation, return, readmission,
resettlement, lack of cooperation of migrants, contingency planning, the
functioning of the Schengen area, external and internal borders, smuggling in
human beings, visa policy, a common information strategy and the use of the
Integrated Political Crisis Response (IPCR).
In the
Conclusions adopted on 20 November 2015 on Counter-Terrorism after the Paris
terrorist attacks by the Council and Member States meeting within the Council
it was agreed to implement reinforced measures for the purpose of fighting
terrorism, including strengthening controls at external borders.
Under point
9 of its Conclusions of 9 November 2015, the Council decided "to conduct
at the December Justice and Home Affairs Council, on the basis of the 8th
bi-annual reporting by the Commission, a thorough debate on the functioning of
the Schengen area (1 May 2015 - 31 October 2015) and on the lessons learned
from temporary reintroductions of controls at internal borders".
In Coreper
on 26 November 2015 the Commission indicated, however, that the said 8th
bi-annual report would not be ready for the meeting of the JHA Council in
December 2015, but would be integrated in the future border package. The
Presidency concluded that Ministers would be invited to hold a debate on the
functioning of the Schengen area on the basis of a Presidency paper.
With a view
to preparing this debate, the Presidency issued a questionnaire on lessons
learned from temporary introductions of controls at internal borders . The Presidency has prepared the present paper in the light of replies
from Member States, having in mind also major issues that have been raised
during recent months regarding the functioning of the Schengen area, with a
focus on border controls.
ISSUES
FOR DISCUSSION
The
Presidency invites the Council to hold a debate on the functioning of the
Schengen area and to address in particular the following issues related to
internal and external border controls.
1. Consultations
between Member States – Based on the information available to the
Presidency, it appears that, in situations where some Member States have
applied recently Article 25 of the Schengen Borders Code to reinstate
temporarily controls at internal borders, there has not been sufficient prior
consultation with other Member States. The same has been noticed for
technical reinforcement of borders between border crossing points, for changes
in national policies leading to filter migrants at border crossing points and
for organizing the transit of migrants from one border to next. This has
severely hindered the possibility for neighbouring countries to prepare
themselves for changes in migratory routes and for all Schengen countries to
handle migratory flows in a coherent manner.
In addition,
procedures approved by Coreper in March 2015 for improved information sharing
on temporary reintroduction of border controls at internal borders have not
been fully respected in all cases.
The
Presidency proposes that:
-
even in emergency situations falling under Article 25 of the Schengen Borders
Code and requiring immediate action, a Member State deciding to temporarily
reintroduce internal border controls should make all efforts to inform
neighbouring Member States sufficiently in advance to allow neighbouring Member
States to adjust to the new situation and, where possible, to cooperate to
reduce the negative impact of the reintroduction of internal border controls;
-
Member States reconfirm their commitment to fully apply the procedures for
improved information sharing on temporary reintroduction of border controls at
internal borders agreed in Coreper in March 2015.
πηγή:
http://statewatch.org/news/2015/dec/eu-council-schengen-integrity-14300-12-2015.pdf
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