Implementing decision 2016/894 - Recommendation for temporary internal border control in exceptional circumstances putting the overall functioning of the Schengen area at risk - Main contents
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official title
Council Implementing Decision (EU) 2016/894 of 12 May 2016 setting out a recommendation for temporary internal border control in exceptional circumstances putting the overall functioning of the Schengen area at risk| Legal instrument | implementing decision |
|---|---|
| Number legal act | Implementing decision 2016/894 |
| Original proposal | COM(2016)275  |
| CELEX number i | 32016D0894 |
| Document | 12-05-2016; Date of adoption |
|---|---|
| Publication in Official Journal | 08-06-2016; OJ L 151 p. 8-11 |
| Effect | 28-06-2016; Entry into force Date pub. +20 |
| End of validity | 31-12-9999 |
8.6.2016 |
EN |
Official Journal of the European Union |
L 151/8 |
COUNCIL IMPLEMENTING DECISION (EU) 2016/894
of 12 May 2016
setting out a recommendation for temporary internal border control in exceptional circumstances putting the overall functioning of the Schengen area at risk
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (1) and in particular Article 29 thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
The EU is facing an unprecedented migratory and refugee crisis following a sharp increase of mixed migratory flows since 2015. This has led to severe difficulties in ensuring efficient external border control in accordance with the Schengen acquis and in the reception and processing of migrants arriving. Wider structural deficiencies in the way the Union's external borders are protected have also become evident in this crisis. |
(2) |
The Hellenic Republic is, mainly due to its geographical situation, particularly affected by these developments and has faced a dramatic increase in the number of migrants arriving on the Aegean islands. |
(3) |
In accordance with Council Regulation (EU) No 1053/2013 (2) and the annual evaluation programme for 2015 (3), an unannounced on-site visit was carried out from 10 to 13 November 2015 to evaluate the implementation of the Schengen acquis in the field of the management of the external border by the Hellenic Republic at its land border (Orestiada, Fylakio, Kastanies, Nea Vyssa) and sea border (Chios and Samos Islands) with Turkey. |
(4) |
On 2 February 2016 the Commission adopted an implementing decision establishing a report of the evaluation of the Hellenic Republic on the implementation of the Schengen acquis in the field of the management of the external border (4) concluding that there are serious deficiencies in the carrying out of external border control that must be overcome and dealt with by the Hellenic authorities. |
(5) |
On 12 February 2016 the Council adopted recommendations on addressing the serious deficiencies identified during the evaluation and indicated the priorities for implementing them. Appropriate measures should be taken by the Hellenic authorities to ensure that at all its external borders, external border control is carried out and brought in line with the Schengen acquis in order not to jeopardise the functioning of the Schengen area. |
(6) |
On 24 February 2016 the Commission adopted recommendations on specific measures to be taken by the Hellenic Republic following the evaluation report of 2 February 2016 to ensure compliance with the recommendations of the Council of 12 February 2016. |
(7) |
On 12 March 2016 the Hellenic Republic notified its Action Plan to remedy the deficiencies identified in the evaluation report and subject to the Council recommendations. The Commission presented on 12 April 2016 its assessment of the adequacy of the Action Plan to the Council. While the Commission concluded that significant progress has been made by Greece, further improvements to the Action Plan are needed in order to adequately and comprehensively address the deficiencies identified in the Evaluation Report. It requested Greece to provide additional elements and clarifications on its Action Plan by 26 April. |
(8) |
On 26 April 2016 the Hellenic Republic provided the Commission with the requested additional elements and clarifications on its Action Plan. On 29 April 2016, the Hellenic Republic transmitted to the Commission the Report on the implementation of the Action... |
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