Explanatory Memorandum to COM(2024)999 - - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)999 - . |
|---|---|
| source | COM(2024)999 |
| date | 09-08-2024 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
In accordance with Article 4(1)(b) of Council Regulation (EU) 2022/9221 on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, the multiannual evaluation programme 2020-20242 and the 2024 annual evaluation programme3, a periodic Schengen evaluation of Hungary was conducted by a team of Commission and Member State experts, supported by observers from EU agencies and bodies4. This evaluation verified Hungary’s implementation of the Schengen acquis in the fields of border management, return, visa, police cooperation, large-scale IT systems (the Schengen Information System) and data protection. The evaluation also paid attention to verifying respect for fundamental rights in the application of the Schengen acquis by Hungary.
At the end of the evaluation activity, Hungary was informed that, in accordance with Article 2(10) of Council Regulation (EU) 2022/922, serious deficiencies were identified in the application of certain provisions of the Schengen acquis, namely the lack of access to the asylum procedures in Hungary as well as the failure to respect the principle of non-refoulement and the safeguards of Directive 2008/115, leading to the practice of collective expulsions. In accordance with Article 22(2) and (3) of Council Regulation (EU) 2022/922, the Commission adopted on 9 August 2024 an evaluation report5, which sets out the findings and the assessments related to the serious deficiencies identified during the evaluation. As provided for in the Schengen Evaluation Guide for the implementation of Regulation 2022/9226, this evaluation report includes only those findings that led to the determination of the serious deficiencies. The outcome of the full evaluation of Hungary, with the exception of the identified serious deficiencies, will be presented in the comprehensive evaluation report in accordance with Article 20 of Regulation 2022/922.
This proposal contains the recommendations for remedial action aimed at addressing the serious deficiencies identified in the report adopted by the Commission on 9 August 2024.
• Consistency with existing policy provisions in the policy area
These recommendations serve to implement correctly and effectively the existing provisions in the policy area concerned.
• Consistency with other Union policies
These recommendations do not have links with other key Union policies.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Article 22 i of Council Regulation (EU) 2022/922 of 9 June 2022 on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, and repealing Regulation (EU) No 1053/2013.
• Subsidiarity (for non-exclusive competence)
Article 22 i of Council Regulation (EU) 2022/922 specifically requests the Commission to submit a proposal to the Council to adopt recommendations for remedial action aimed at addressing the serious deficiencies identified in the course of the evaluation activity. Action at Union level is required to strengthen mutual trust between the Member States and to ensure better coordination at Union level in order to guarantee that all Schengen rules are applied correctly and effectively by the Member States.
• Proportionality
Article 22 i of Council Regulation (EU) 2022/922 mirrors the specific powers of the Council in the field of mutual evaluation of the implementation of Union policies within the area of freedom, security and justice. In that light, this proposal for a Council Implementing Decision is proportionate to the objective pursued.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
n.a.
• Stakeholder consultations
In line with Article 30(3) of Council Regulation (EU) 2022/922 and Article 8 of Council Regulation (EU) No 182/2011, the evaluation report shall be submitted for ex-post consultation of the Schengen Committee within 14 days after the adoption by the Commission of the evaluation report.
• Collection and use of expertise
n.a.
• Impact assessment
n.a.
• Regulatory fitness and simplification
n.a.
• Fundamental rights
The protection of fundamental rights when applying the Schengen acquis was taken into account during the evaluation process.
4. BUDGETARY IMPLICATIONS
n.a.
5. OTHER ELEMENTS
n.a.