Annexes to COM(2014)711 - Sixth bi-annual report on the functioning of the Schengen area 1 May - 31 October 2014 - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2014)711 - Sixth bi-annual report on the functioning of the Schengen area 1 May - 31 October 2014. |
|---|---|
| document | COM(2014)711  |
| date | November 27, 2014 |
3.5. Weaknesses identified via the Schengen evaluation mechanism
Under the current Schengen evaluation mechanism[11], 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-31 October 2014, Schengen evaluations were carried out in the field of air borders, visa, data protection and SIS/Sirene in Switzerland. The reports are being finalised, and are likely to include positive as well as negative comments and recommendations, including on the acceleration of full implementation of the SIS II alert categories and functionalities (since Switzerland envisages finalising the SIS II implementation only in the second half of 2016, more than three years after its entry into operation, in parallel with the upgrade of its national police system).
Preparations are ongoing as regards the new Schengen evaluation mechanism. In line with the Regulation 1053/2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis[12], the standard evaluation questionnaire was adopted in July 2014[13]. In October, the annual evaluation programme for 2015 was approved on the basis of the multi-annual evaluation programme 2014-2019[14], taking into account the risk analysis provided by Frontex as well as information made available by relevant EU agencies and bodies such as Europol and Fundamental Rights Agency. The first evaluations under the new mechanism (as concerns announced visits) will start in February 2015. In the meantime, a particular focus has been put on further developing training for the evaluation experts, including updating the existing training curricula by including aspects that have not been covered previously such as return.
3.6. Lifting of control at internal borders with Bulgaria and Romania
The Council has not yet been able to decide on the lifting of control at the internal borders to these countries. The Commission maintains its full support for Bulgaria's and Romania's accession to the Schengen area.
4. Flanking measures 4.1. Use of the Schengen Information System (SIS)
The Commission closely monitors the implementation of new alert categories and functionalities of SIS in the Member States provided by the second generation of that system which entered into operation on 9 April 2013. During the reporting period there has been a significant increase in the use of new categories of objects and functionalities since most of the Member States have finalised the upgrade of their national police systems which now allow their end-users to enter the new object categories into SIS II. This was especially the case in Germany and in Greece.
In the second quarter of 2014, recommendations were issued in relation to the SIS II security measures as a result of the end-to-end assessment of the efficiency of national security measures carried out after the hacker attack against the Danish N.SIS (the national data systems which communicate with Central SIS) that affected the predecessor system SIS. They include the development of a fully documented incident reporting process throughout the Schengen area and the establishment of a network of security contact points in order to enhance information exchange. This network was finally set up within the framework of eu-LISA (European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice). Furthermore, Member States were strongly encouraged to conduct self-security audits on a regular basis as well as not to outsource any tasks related to the operational management of SIS II to external contractors.
The Commission has opened an investigation in respect of Poland concerning the uninterrupted operation of SIS II at the external borders and the physical security of N.SIS.
In order to ensure that Member States will delete obsolete alerts in SIS II[15], the Commission has launched an initiative to lay down more detailed relevant legal provisions in the SIRENE Manual[16]. SIS II continued to play an important tool for detecting the routes of terrorists and travelling criminal gangs via a special alert category allowing the discreet and specific check of individuals and certain types of objects, including in case of the threat posed by the foreign fighters. The Commission has initiated practical measures related to SIS II implementation in the Member States in order to accelerate the information exchange on the basis of those alerts while preserving the confidentiality of information.
4.2. Use of the Visa Information System (VIS)
The VIS became operational on 15 May 2014 in the twelfth, thirteenth, fourteenth and fifteenth regions (Central America, North America, Caribbean and Australasia)[17] and on 25 September 2014 in the sixteenth region (Western Balkans and Turkey)[18]. Given the major impact of the visa issuing in Russia on the VIS, a major effort will be needed to ensure its roll-out in this country scheduled to happen during the next reporting period (1 November 2014-30 April 2015). A prerequisite to this roll-out is the successful completion of the capacity extension of the Biometrics Matching System supporting the fingerprint based operations such as identification and authentication. During the next reporting period, the VIS is also scheduled to start operations in Armenia, Azerbaijan, Belarus, Georgia, Republic of Moldova and Ukraine.
The VIS is functioning well and by the end of July 2014 the system had processed (since its entry into operation) almost 9 million Schengen visa applications, on the basis of which 7.5 million visas have been issued. On 5 April 2014, its capacity was extended to prepare for the upcoming growing activity in consular posts and at the borders. Additional capacity extension steps are scheduled in accordance with the time-table for VIS roll-out. Member States need to step up their efforts to improve the quality of the data, both biometric and alphanumeric, introduced by the consular authorities of Member States into the VIS as explained in the fifth bi-annual report.
The use of fingerprints to perform verifications of visa holders at the Schengen border crossing points became mandatory on 11 October 2014 for the visa holders whose data (including fingerprints, where applicable) are stored in the VIS. It is still too early to provide reliable conclusions on the implementation of this new measure. It is expected that first conclusions should be available towards the end of the next reporting period. At the current stage, it is important that Member States adequately inform the travellers of this new requirement at the border.
4.3. Visa policy and readmission agreements
Suspension mechanism and revised reciprocity mechanism in Regulation 539/2001
So far, no Member State has requested to trigger the new suspension mechanism that entered into force in January 2014[19]. In accordance with the provisions of the reciprocity mechanism, also in force since January 2014, the notifications received from five Member States (Bulgaria, Croatia, Cyprus, Poland, Romania) of visa non-reciprocity situations with five third countries (Australia, Brunei Darussalam, Canada, Japan and the US) were published in the Official Journal of the EU on 12 April 2014. When considering the options available under the revised reciprocity mechanism, a series of factors including the steps taken with the third countries have to be taken into account. The Commission, in consultation with the above-mentioned Member States proposed to establish regular tripartite meetings between the third country, the Member State(s) concerned and the Commission, with the objective to discuss the state of play and define further steps, possibly accompanied by a timeline, which should lead to achieving full visa reciprocity as soon as possible. The first such meetings with Australia, Japan, the US and Canada were held from May until July 2014. On 10 October 2014, the Commission published a report assessing the situation[20].
Post-visa liberalisation monitoring mechanism for Western Balkan countries
In May-July 2014 (months for which the data are available[21]), the number of asylum applications lodged by citizens of the five Western Balkan visa-free states[22] in the Schengen area and Schengen candidate countries increased by 40% compared to the same three months in 2013 (increase of 7% if compared to February-April 2014). Germany remained by far the most-affected Member State, having handled over 11 000 out of nearly 15 000 applications submitted in the above-mentioned period by citizens of these five countries. It was followed by Sweden, France (both with some 1 000 applications each) and Belgium (over 400 applications). Serbian citizens remained the largest group of asylum applicants from the Western Balkans (41%), followed by Albanian citizens (25%). The applicants from the five Western Balkan countries constituted 10% of the total number of the applicants for asylum in the Schengen area and Schengen candidate countries which is comparable to the same period last year (around 9%).
To ensure the efficiency and fairness of asylum procedures, the asylum acquis contains several discretionary provisions, which allow for procedural facilitations in the handling of asylum applications which are not likely to be well founded. Those provisions were reinforced and more clearly circumscribed by the recast instruments which constitute the Common European Asylum System. The assessment whether the conditions for applying those provisions are met and, if so, the decision whether and how to use them, is to be taken by each Member State within the limits of the asylum acquis.
The Commission is planning to publish the fifth report on the post-visa liberalisation monitoring for the Western Balkan countries by the end of the 2014.
Readmission and visa facilitation agreements and visa liberalisation
The ratification process of the EU-Turkey readmission agreement was completed by both sides and the Agreement entered into force on 1 October 2014. In the context of the EU-Turkey visa liberalisation dialogue experts' visits to Turkey were carried out (March-June 2014) that allowed for collecting information on how Turkey fulfils the benchmarks of the "Roadmap towards the visa free regime". The Commission reported on the findings on 20 October 2014[23].
As a result of the Statement of the Heads of State or Government on Ukraine of 6 March 2014 following the violation of Ukrainian sovereignty and territorial integrity by the Russian Federation[24], the visa liberalisation dialogue with Russia was suspended.
Since the entry into force on 28 April 2014 of a visa waiver for citizens of the Republic of Moldova holding a biometric passport, no significant abuse of the visa-free travel by Moldovan citizens has been recorded (data as of end of August 2014).
The readmission and visa facilitation agreements with Azerbaijan entered into force on 1 September 2014. With regard to negotiations on readmission and visa facilitation with Belarus, the first round of technical negotiations took place on 12-13 June 2014, with the second round expected to take place later in the year. On 30th July, the Commission presented draft negotiating directives for readmission and visa facilitation agreements with Tunisia to the Council for approval.
On 17 July 2014, the Commission submitted a recommendation to the Council requesting the authorisation to open negotiations on short-stay visa waiver agreements with 16 small Caribbean and Pacific island nations and United Arab Emirates.
Joint Visa and Readmission Committees with Georgia and Armenia met on 4 June and 10 September 2014 respectively, confirming that implementation of the EU Visa Facilitation and Readmission Agreements with both countries is proceeding well.
5. The way ahead: Issues for reflection
The purpose of the bi-annual reports is to provide the basis for a regular debate in the European Parliament and in the Council and this way to contribute to the strengthening of political guidance and cooperation in the Schengen area. As pointed out in the first report, it is essential that the European institutions maintain vigilance over the functioning of the Schengen area and are ready to respond to any challenges it faces. To facilitate the discussion, the Commission considers, at the time of publication of this report, that the following issues drawn from this report would merit particular discussion:
1. The level of preparedness among Member States and the agencies for a scenario of a significant increase in irregular border crossings at the Eastern land borders of the EU;
2. Further measures that could be considered in order to strengthen the functioning of Schengen in the light of the situation in the European neighbourhood today;
3. Member States’ experiences so far in using the VIS to identify undocumented migrants detected within the Schengen area, both for the purpose of handling asylum applications and initiating return procedures.
[1] COM (2011) 561 final
[2] Note that the operation Mare Nostrum by the Italian Navy started in October 2013.
[3] Unless otherwise indicated, the data in Section 2 are taken from Frontex Risk Analysis Network information exchange system, and covers the Schengen area as well as Schengen candidate countries. The data cover 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. Figures for Croatia are included from the day of accession to the EU.
[4] Note that although the figures for this route generally exclude Apulia and Calabria, some of the migrants detected by Mare Nostrum have been transferred (due to logistical problems in Sicily) to centres in Apulia and Calabria and consequently have been included in the figures corresponding to that region.
[5] Note however that this significant increase is mainly due to the transfer of migrants in June and July 2014 as explained in footnote 4.
[6] SWD(2014) 173 final.
[7] Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person. The aim of the mechanism is to support Member States to cope with the situations of particular pressure on or deficiencies in their respective asylum systems, to show solidarity, and to help the situation of asylum seekers applying for international protection in those Member States.
[8] In October, the Commission adopted a Staff Working Document assessing the state of implementation of the Plan (SWD(2014) 316 final).
[9] 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), as amended by Regulation (EU) No 610/2013
[10] See the fifth bi-annual report for details.
[11] SCH/Com-ex (98) 26 def.
[12] OJ L 295, 6.11.2013, p. 27.
[13] Commission Implementing Decision C(2014) 4657 final of 11 July 2014 establishing a standard questionnaire in accordance with Article 9 of the Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis.
[14] Commission Implementing Decision C(2014) 3683 final of 18 June 2014 establishing the multiannual evaluation programme for 2014-2019 in accordance with Article 5 of the Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis.
[15] See the fifth bi-annual report for more details.
[16] Commission Implementing Decision 2013/115/EU of 26 February 2013, OJ L 71, 14.3.2014.
[17] Commission Implementing Decision of 7 May 2014 determining the date from which the Visa Information System (VIS) is to start operations in a twelfth, a thirteenth, a fourteenth and a fifteenth region (2014/262/EU)
[18] Commission Implementing Decision of 28 August 2014 determining the date from which the Visa Information System (VIS) is to start operations in a 16th region (2014/540/EU)
[19] The mechanism was introduced with the Regulation (EU) No 1289/2013 of the European Parliament and of the Council amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, OJ L 347, 20.12.2013. See section 4.3 of the fifth biannual report for details, where the new suspension mechanism as well as the revised reciprocity mechanisms are explained in detail.
[20] Report from the Commission assessing the situation of non-reciprocity with certain third countries in the area of visa policy, C(2014) 7218 final of 10 October 2014.
[21] Data from the Eurostat database as available on 21 October 2014 are used in this chapter (figures for July do not include Cyprus).
[22] Since end of 2009, the citizens of the former Yugoslav Republic of Macedonia (FYROM), Montenegro and Serbia, holding a biometric passport, have enjoyed visa-free travel to the EU Member States, in accordance with Regulation 539/2001. Under the same conditions the citizens of Albania as well as Bosnia and Herzegovina have enjoyed visa-free travel to the EU Member States since 15 December 2010.
[23] COM(2014) 646 final.
[24] https://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/141372.pdf