Annexes to COM(2012)686 - Second biannual report on the functioning of the Schengen area_1 May 2012 - 31 October 2012 - Main contents
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| dossier | COM(2012)686 - Second biannual report on the functioning of the Schengen area_1 May 2012 - 31 October 2012. |
|---|---|
| document | COM(2012)686  |
| date | November 23, 2012 |
Application of the Schengen acquis during sea border surveillance
As previously reported, the Commission in October 2009 issued a letter of formal notice to Greece, following allegations of serious difficulties faced by migrants in applying for asylum and ill-treatment of asylum-seekers, including the turning back of persons who may face serious harm or persecution. The Commission's analysis is being carried out in the light of constant developments, such as the progress made in the implementation of the Greek National Action Plan.
Further, due to groups of migrants allegedly intercepted by Italian authorities on the high seas and sent back to Libya, the Commission in July 2009 requested Italy to provide information on the measures to avoid the risk of refoulement and on reassurances obtained from the Libyan authorities with regard to the persons concerned. On 23 February 2012, the European Court of Human Rights found Italy to be in violation of the European Convention of Human Rights on the basis of these same facts[12]. Against this background, the Commission is now analysing the implications of this ruling on border surveillance operations at sea and on the asylum acquis.
3.4. Carrying out of sea border operations coordinated by Frontex
On 5 September 2012, the Court of Justice[13] annulled Council Decision 2010/252/EU, supplementing the Schengen Borders Code as regards sea border operations coordinated by Frontex, because it contains essential elements of surveillance of external sea borders which go beyond the scope of additional measures within the meaning of article 12(5) of the Schengen Borders Code, and only the European Union legislature is entitled to adopt such a decision. The Court maintained the effects of the annulled decision until the entry into force, within a reasonable time, of new rules intended to replace it. The Commission will present a legislative proposal in the beginning of 2013.
3.5. Weaknesses identified in the framework of the Schengen evaluation mechanism
In the framework of the current Schengen evaluation mechanism[14], Member States' application of the Schengen acquis is regularly evaluated by experts from the Member States, the Council General Secretariat and the Commission.
In the period 1 May 2012-31 October 2012, Schengen evaluations were carried out regarding sea borders in Estonia, Latvia, Lithuania, Malta, Poland and Slovenia, police cooperation in Hungary, Slovakia, the Czech Republic and Poland, air borders in Estonia, Latvia and Lithuania, data protection in Estonia, Latvia, Lithuania, Malta and Slovenia, SIS/Sirene in Denmark, Iceland and Norway as well as visa in Latvia and Lithuania. The reports are still being finalised, but are expected to include positive as well as negative comments and recommendations on issues such as training, use of risk analysis, information exchange, international cooperation and infrastructure at border crossing points and embassies/consulates. As was the case also during the previous six months, there is generally room for improvement, but no deficiencies have been found that would require the Commission to take immediate action.
Moreover, from 28 May to 2 June 2012, a peer-to-peer mission to Greece was carried out in order to assess the progress of the Greek action plan to remedy the shortcomings detected in the Schengen evaluation in 2010-2011 and to identify topics where Member States could offer assistance. This mission went to the Athens International Airport 'Eleftherios Venizelos', the Port of Piraeus and the Evros region and hence covered all types of borders. It was noted that although visible improvements have been made, these still need to be fostered and advanced.
The Commission invites Greece to continue the implementation of its Schengen action plan and reiterates its commitment to support the Greek efforts to manage its external borders, i.a. through the External Borders Fund and Frontex assistance.
For an indicative calendar of Schengen evaluations in November 2012 – April 2013, see Annex I.
3.6. Lifting of control at internal borders with Bulgaria and Romania
Following the Council Decision in June 2011 that both Romania and Bulgaria fulfil the criteria to apply in full the Schengen acquis, the European Council in March 2012 requested the Council to identify and implement measures which would contribute to the accession of these two countries. The Council has since then identified a number of such measures, including ongoing and planned Frontex activities, measures relating to the fight against false documents and identity fraud and measures concerning the fight against smuggling and trafficking in human beings. The implementation of these measures is continuously monitored.
4. Flanking measures
4.1. Use of the Schengen Information System
As highlighted in the previous report, the Schengen Information System (SIS) is a very successful system which provides many thousands of successful outcomes every year. This success brings with it a significant workload in cross-border cooperation between the SIRENE Bureaux. A seminar has taken place where Member States' SIRENE Bureaux delegates and the Commission discussed ways to make working practices more efficient. The seminar generated several proposals that could be implemented in the short term. Other proposals will be addressed collaboratively by the Member States and Commission to assess whether the issue will, in any case, be solved in 2013 by the features of SIS II or needs to be refined into a revised working practice.
4.2. Use of the Visa Information System
The Visa Information System (VIS) is a system for exchange of information on short-stay visas, enabling the competent authorities of the Schengen States to process data on visa applications and on visas issued, refused, annulled, revoked or extended. On 10 May 2012, the VIS was successfully launched in the second region, the Near East (Israel, Jordan, Lebanon and Syria). Further, the VIS on 2 October 2012 started operations in a third region, the Gulf (Afghanistan, Bahrain, Iran, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, United Arab Emirates and Yemen). The dates for the remaining regions of deployment are being discussed among Member States and will be agreed in the coming months.
The VIS is working well operationally and by 4 November 2012, the system had processed 1 774 965 visa applications, issued 1 457 708 and refused 220 644 visas.
The main issue of concern remains the quality of data (both biometric and alphanumeric) introduced by the consular authorities of Member States into the VIS. These issues have affected at times the performance of the system and should be avoided in the future, given the continuous deployment throughout all world regions. Despite the gradual improvements, efforts should be made to further improve the capturing of good quality fingerprints and to fill in to the VIS all mandatory fields from the visa applications.
4.3. Visa policy and readmission agreements
Post-visa liberalisation monitoring mechanism for Western Balkan countries
In August 2012, the Commission presented its third post-visa liberalisation monitoring report for the Former Yugoslav Republic of Macedonia, Montenegro, Serbia, Albania and Bosnia and Herzegovina[15], setting out the recent actions taken and proposed next steps. While the number of asylum seekers from Serbia and the Former Yugoslav Republic of Macedonia decreased in the first half of 2012 in comparison with the same period in 2011 (-13% for Serbia and -48% for the Former Yugoslav Republic of Macedonia when comparing May 2011 to May 2012), there was a considerable increase of asylum seekers from Albania (+725%), Bosnia and Herzegovina (+14%) and Montenegro (+77%). Most asylum claims are deemed to be unfounded, and the asylum recognition rate remains very low. Belgium, Germany, Luxembourg and Sweden remain the main destination countries. These Member States have taken measures to decrease the processing time, but there is still room for improvement as regards, inter alia, information exchange, investigation of facilitators, strengthened exit and entry checks, targeted awareness campaigns and assistance to minority communities.
Readmission agreements
The Commission in April 2012 initialled a readmission agreement with Cape Verde and subsequently launched the procedure for formal ratification. Negotiations with Turkey on a readmission agreement have been finalised and the text was initialled in June 2012. The signature of the readmission agreement and the launch of a dialogue on visa liberalisation are expected. In October 2012, a readmission agreement with Armenia was initialled and the Commission is now working towards its signing and conclusion as quickly as possible. Furthermore, negotiations have been launched also with Azerbaijan on visa facilitation and readmission agreements.
ANNEX I: Indicative calendar of Schengen evaluations in November 2012 – April 2013[16]
Time || Member States || Theme
11-17 November 2012 || Estonia, Latvia, Lithuania || Police cooperation
18-28 November 2012 || The Czech Republic, Poland, Slovakia || Air borders
20-26 January 2013 || Estonia || Visa
10-20 March 2013 || Poland, Slovakia || Visa
14-25 April 2013 || Estonia, Latvia, Lithuania || Land borders
[1] COM (2011) 561 final
[2] COM (2012) 230 final
[3] Frontex quarterly risk analysis April-June 2012
[4] Frontex quarterly risk analysis April-June 2012
[5] Frontex quarterly risk analysis April-June 2012
[6] France, Greece and Ireland did not participate.
[7] Summary report by the Danish National Police, June 2012
[8] Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)
[9] Council document 10491/12 FRONT 84 COMIX 337
[10] Council document 13219/12 FRONT 115 COMIX 467
[11] Judgment of 22 June 2010 in case C-188/10
[12] Case of Hirsi Jamaa and others v. Italy. Application no. 27765/09
[13] Judgment of 5 September 2012 in case C-355/10, European Parliament v. Council
[14] SCH/Com-ex (98) 26 def.
[15] COM (2012) 472 final
[16] Council documents 5090/4/12 SCH-EVAL 1 COMIX 6 REV 4 and 12032/12 SCH-EVAL 99 COMIX 423