Back to Schengen the question of EU external
border controls
Migration and
Home Affairs
Summary
1. Current state of play of the Schengen area
2. Commission Communication "Back to Schengen"
3. Lifting temporary internal border control vs reinforcing the EU
external border – European Coast and Border Guard proposal and
systematic checks
4. Questions and answers
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1. Current state of play of the Schengen area
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Current state of play of the Schengen area
 2015: armed conflicts in Syria and the region trigger record numbers of
refugees and migrants arriving in the EU
 The refugee wave revealed serious deficiencies at parts of the southern EU
external border
 Those deficiencies triggered secondary movements of migrants heading
north
 As a result, several Member States have temporarily reintroduced internal
border controls at all or parts of their national borders since September
2015
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Current state of play of the Schengen area
 The Schengen Borders Code (Regulation (EC) No 562/2006) allows the
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temporary reintroduction of internal border controls by Member States in
case of a serious threat to public policy or internal security
• For cases requiring immediate action (Article 25): for a maximum
period of 2 months
• For foreseeable events (Article 23): for a maximum period of 6
months
8 Member States (DE, AT, HU, SI, SE, NO, DK, BE) have re-introduced
controls for reasons related to the migratory pressure, with 6 of them still
carrying out such controls; FR has re-introduced controls following terrorist
attacks
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Current Temporarily Reintroduced Border
Controls in the Schengen area
Norway
Sweden
(26 November – 13 April 2016):
all internal borders with focus on ports
with ferry connections.
(12 November 2015 – 8 May 2016):
All internal borders with special focus on
Southern and Western harbours and the
Öresund Bridge between Denmark and
Sweden.
Denmark
(4 January – 3 May 2016):
all internal borders with particular
focus on the sea and land borders
with Germany.
Germany
(13 September 2015–13 May 2016):
All internal borders, with special focus on
the German-Austrian land border.
Belgium
(24 February – 12 April 2016):
the land border between the Province of
West-Vlaanderen and France.
Austria
(16 September 2015 – 16 May 2016):
All internal borders with special focus on the
Southern Eastern land border; as of March 2016
also focused on the land border with Italy and
with Hungary.
France
(13 November – 26 April 2016):
COP21
conference
and
then
the
emergency state as introduced on the
French territory further to the terrorist
attacks in Paris on 13 November.
In connection with migratory flows
In connection with security reasons
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2. Communication from the Commission to the
European Parliament, the European Council and the
Council: "Back to Schengen – A Roadmap"
(COM(2016)120 final)
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Communication "Back to Schengen"
 Paramount importance of the Schengen area for the EU
 Three areas of action:
- remedy the serious deficiencies in the external border management
by Greece
- stop the 'wave-through' approach
- coordinated approach to temporary internal border controls
 Objective: lift all internal border controls by December 2016 at the latest
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Communication "Back to Schengen"
Costs of non-Schengen
 Economic: direct costs between €5 and €18 billions/year
 Social: impact on the freedom of travelling
 Political: destruction of one of the central and most visible achievements of
European integration
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Communication "Back to Schengen"
Protection of the external borders
Schengen evaluation mechanism
 November 2015: a Schengen evaluation visit detected serious deficiencies
in the Greek management of the external border
 2 February 2016: COM report following the evaluation visit to Greece
 12 February 2016: Council recommendations to Greece to remedy the
serious deficiencies
 24 February 2016: COM recommendations to Greece to ensure
implementation of the Council recommendations
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Communication "Back to Schengen"
Protection of the external borders
 12 March 2016: Greek Action Plan following all recommendations
 11-17 April 2016: second Schengen evaluation visit in Greece
 12 May 2016: Greek report on the implementation of the Council
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recommendation
12 May 2016: based on all information available, COM assesses whether
Greece has adequately remedied to all serious deficiencies in its external
border management
Immediate support for Greece
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Communication "Back to Schengen"
Stopping the wave-through approach
 Dublin rules: no right to choose -> persons who do not claim asylum in the
first country must be quickly identified and returned
 Schengen rules: Member States (and Member States with temporary
internal border controls) should refuse entry at the external border to thirdcountry nationals that do not satisfy the entry conditions of the Schengen
Borders Code (Article 5)
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Communication "Back to Schengen"
Stopping the wave-through approach
 However, under severe migratory pressure, several Member States have
become countries of transit
 European Council (18-19 February): this "wave through approach is neither
legally nor politically acceptable" and must be stopped
 In April, COM will present its assessment on the possibility of resuming full
application of the Dublin rules before European Council in June
 Immediate help to Greece to manage the migratory pressure
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Communication "Back to Schengen"
Coordinated approach to temporary internal border controls
 The SBC provides for the possible unilateral reintroduction of border
controls by Member States in certain exceptional cases (Articles 23 and 25)
 The SBC provides for a coordinated approach to temporary internal border
controls (Article 26)
• Where, in exceptional circumstances, the overall functioning of the Schengen
area is at risk as a result of persistent serious deficiencies relating to the
external border management following a Schengen evaluation
• Where there is a serious threat to public policy or internal security with the
Schengen area or parts thereof
• On the basis of a COM proposal, the Council will recommend to one or more
Member States the reintroduction of border controls at all or parts of their
borders
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Communication "Back to Schengen"
Coordinated approach to temporary internal border controls
 Current situation: unilateral reintroduction of temporary internal border
controls by Member States
 12 May 2016: if serious deficiencies and migratory pressure continue and
put at risk the overall functioning of the Schengen area, COM will propose to
the Council that it recommends a coordinated Union approach to temporary
internal border controls (Article 26 of the Schengen Borders Code)
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Communication "Back to Schengen"
Coordinated approach to temporary internal border controls
 Recommendation by the Council
• limited to what is necessary and proportionate to respond to the
serious threat
• for the shortest possible period (for a period of up to 6 months, that
may be prolonged three times)
 Final objective: lift all internal controls by December 2016 at the latest
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3. Lifting temporary internal border control vs
reinforcing the EU external border
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Lifting temporary internal border control vs
reinforcing the EU external border
Frans Timmermans (First Vice-President COM)
"In an area of free movement without internal borders, managing Europe’s external
borders must be a shared responsibility. The crisis has exposed clear weaknesses and
gaps in existing mechanisms aimed at making sure that EU standards are upheld.
Therefore, it is now time to move to a truly integrated system of border management.
The European Border and Coast Guard will bring together a reinforced Agency, with the
ability to draw on a reserve pool of people and equipment, and the Member States’
authorities, who will continue to exercise day-to-day border management. The system
we propose will allow for an identification of any weaknesses in real time so that they
can be remedied quickly, also improving our collective ability to deal effectively with crisis
situations where a section of the external border is placed under strong pressure."
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Lifting temporary internal border control vs
reinforcing the EU external border
Dimitris Avramopoulos (Migration and Home Affairs Commissioner)
"The current migration and security challenges know no borders, and require a truly
European approach. Where Frontex used to be limited to supporting Member States in
managing their external borders, the new Border Agency will go beyond this. What we
are creating today is more Europe: to manage our external borders, to step up returns of
irregular migrants, to allow our asylum system to function properly for those in need and
to strengthen checks at the external borders of the European Union. The Border Package
we are presenting today will increase security for our citizens and ensure high standards
of border management."
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Lifting temporary internal border control vs
reinforcing the EU external border European Border and Coast Guard proposal
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COM(2015) 671 final
Integrated border management at Union level
Shared responsibilities between the EU and the Member States
June 2016: foreseen adoption by the co-legislators
August 2016: ECBG is operational
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Lifting temporary internal border control vs
reinforcing the EU external border Systematic checks
 COM(2015) 670 final
 Systematic checks on EU citizens against all relevant databases (Interpol,
SIS, national databases)
 On entry and on exit
 Rationale: identify EU citizens having travelled to conflict zones and joined
terrorist groups (foreign fighters)
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4. Questions and answers
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Thank you!
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