Annexes to COM(2015)675 - Eighth biannual report on the functioning of the Schengen area 1 May - 10 December 2015

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dossier COM(2015)675 - Eighth biannual report on the functioning of the Schengen area 1 May - 10 December 2015.
document COM(2015)675 EN
date December 15, 2015
agreement was reached that Frontex will assist Greece with identification and registration of migrants at the border between Greece and the former Yugoslav Republic of Macedonia.

Depending on the results of the aforementioned Schengen evaluations, specific measures as referred in Article 19a SBC may be recommended.

Should an evaluated Member State be found to be seriously neglecting its obligations and progress in rectifying the situation is insufficient, the use of Article 26 SBC (as described in section 2.2 of this report) can be invoked that implies reintroducing border control at internal borders where the overall functioning of the Schengen area is put at risk.

The Schengen evaluation mechanism now also comprises unannounced visits at internal borders. The first such visits were carried out at the Latvian (at its internal border with Lithuania and the port of Riga) and German/French borders. The proposal for the Council recommendation following the latter is under preparation relating to minor improvements to the infrastructure. There were no recommendations to be made as far as the visit to Latvia is concerned. The latest unannounced visit at the internal borders took place in November at the Swiss border with Italy. Its findings are being finalized at expert level.

5. Conclusion

The Commission has repeatedly underlined that the Schengen framework cannot be held responsible for the current crisis. On the contrary, Schengen can be part of the solution. Addressing the two major challenges faced in the Schengen area — the refugee crisis and the terrorist threat — requires full and correct implementation of the measures already contained in the two sets of documents tabled by the Commission in spring: the European Agenda on Migration and the European Agenda on Security. These include measures that are essential for ensuring the proper functioning of the Schengen acquis and of the Schengen area. The Commission therefore firmly believes that it is of utmost importance to implement rapidly and effectively all measures included in these two Agendas.

An essential prerequisite in addressing effectively the current crisis is strengthened protection of the EU's external borders. The new Schengen evaluation mechanism makes it possible to better identify the gaps and weaknesses for instance in the protection of the external borders and to recommend effective remedies. There are a number of other instruments (e.g., 'hotspots', RABITS and joint operations) available which were designed to help the Member States facing a significant pressure, and those Member States should not hesitate to make full use of them. In parallel with the adoption of this report the Commission has proposed a targeted amendment to the Schengen Borders Code in order to introduce systematic checks on all travellers against relevant databases at all external borders.

At the same time, in emergency situations where the burden on the national border guarding systems of the frontline Member States is such that it is impossible for them to cope with it, it is important that the EU can step in quickly so as to effectively manage the crisis. To address this need, the Commission (in parallel to the adoption of this report) has tabled a proposal to establish a European Border and Coast Guard. The new European Border and Coast Guard Agency, which should replace and considerably strengthen the current "Frontex" Agency, as well as the relevant authorities of the Member States will work together to ensure an integrated management and the protection of the EU’s external borders based on the principle of shared responsibility.

(1) COM(2011) 561 final.
(2) The data for January-October 2015 (1 284 549) is available from Frontex Risk Analysis Network (FRAN) and covers the Schengen area and Schengen candidate countries. It includes only the third country nationals detected at external borders (except temporary external borders) when entering or attempting to enter illegally between the border crossing points (BCPs). For November, the data originates from Joint Operations Reporting Application (JORA) and from the Croatian Ministry of Interior ( http://www.mup.hr/219696.aspx ); estimates have been used for routes where no data was yet available.
(3) See the progress reports on the implementation of the hotspots in Greece (COM(2015) 678 final) and in Italy (COM(2015) 679 final).
(4) Council decisions (EU) 2015/1523 (OJ L 239, 15.9.2015, p. 146) and (EU) 2015/1601 (OJ L 248, 24.9.2015, p. 80).
(5) COM(2015) 236 final.
(6) Regulation (EU) No 606/2013 (OJ L 180, 29.06.2013, p. 1).
(7) Data for January-October 2015 for the Schengen members and Schengen candidate countries that have reported at least one case of illegal border crossing. Accurate comparisons between EURODAC data (fingerprint totals for Category 2 with no error that include all types of external border) and FRAN data (illegal border crossing at the external land and sea borders only) cannot be made. Only fingerprints of persons over the age of 14 who have not been sent back nor detained during the entirety of the period between apprehension and removal are taken for the purposes of the EURODAC Regulation (see Article 14 for details), whereas FRAN data covers illegal border crossings for all third country nationals as explained under footnote 2.
(8) Over the period covered by this report, the Commission has sent four reasoned opinions, 42 letters of formal notice and eight administrative letters in the field of asylum concerning the implementation of the Eurodac Regulation, and the transposition of and compliance with the recast Asylum Procedures and Reception Conditions Directives.
(9) COM(2015) 453 final.
(10) Commission Recommendation C(2015) 6250 final of 1.10.2015.
(11) Since 2011, following judgments by the ECJ and ECHR, Dublin transfers back to Greece have been suspended as the persistent deficiencies on the Greek asylum system made doing so a violation of an individual's fundamental rights. The Commission has dedicated substantial resources to assist Greece in overcoming these deficiencies. If all conditions are met, it will recommend to the European Council to confirm the reinstatement of Dublin transfers.
(12) Commission opinion C(2015) 7100 final of 23.10.2015.
(13) Slovenia lifted internal border control before the adoption of the opinion. Hungary introduced border control for 10 days on 17 October 2015. Sweden reintroduced the border controls on 12 November for the initial period of 10 days and, as notified on the occasion of the latest prolongation, the controls will continue to be carried out at least until 20 December. Norway initially reintroduced border controls between 26 November and 6 December and further prolonged them until 26 December.
(14) See COM(2015) 673 final and COM(2015) 671 final.
(15) Regulation (EU) No 1052/2013 (OJ L 295, 6.11.2013, p. 11).
(16) COM(2015) 185.
(17) Council Decision 2007/533/JHA (OJ L 205, 7.8.2007, p. 63).
(18) SIRENE stands for Supplementary Information REquest at the National Entries.
(19) Commission Implementing Decision (EU) 2015/219 (OJ L 44, 18.2.2015, p. 75).
(20) For further details, see the section 4.1 of the 7th biannual report on the functioning of the Schengen area (COM(2015) 236 final).
(21) COM(2015) 670 final.
(22)

     See section 4.1 of COM(2014) 711 final and COM(2015) 236 final.