Documents considered by the Committee on 22 January 2014 - European Scrutiny Committee Contents


19 Functioning of the Schengen area

(35612)

16933/1/13

COM(13) 832

Commission Report: fourth bi-annual report on the functioning of the Schengen area 1 May-31 October 2013
Legal base
Document originated 28 November 2013
Deposited in Parliament 9 December 2013
Department Home Office
Basis of consideration EM of 17 December 2013
Previous Committee Report None
Discussion in Council 5 December 2013
Committee's assessment Politically important
Committee's decision Cleared

Background

19.1 In June 2011, the European Council agreed Conclusions calling for stronger political guidance and cooperation within the Schengen area in order to enhance mutual trust between Member States and ensure that all Schengen rules are applied effectively. Shortly afterwards, the Commission published a Communication on Schengen governance[81] which highlighted the need for "a constant dialogue between the main political stakeholders on the functioning of the Schengen area and the challenges it faces" and offered to produce a six-monthly report to help inform the debate.[82] The Justice and Home Affairs Council agreed in March 2012 that these reports should provide an overview of the main trends and developments within the Schengen area and form the basis for a political and strategic discussion at Ministerial level.[83]

19.2 Although the UK remains outside the Schengen free movement area, and continues to exercise border controls on all individuals seeking entry to the UK, it has chosen to take part in those aspects of Schengen dealing with policing and law enforcement and is entitled to participate in political discussions on the overall functioning of the Schengen area.

The Commission report

19.3 This is the Commission's fourth report covering the period from 1 May to 31 October 2013. It provides an overview of:

·  migratory pressures at the EU's external borders and migration flows within the Schengen area;

·  Member States' application of the Schengen acquis — the body of laws and policies which are designed to strengthen mutual trust between Schengen States and make it possible for them to remove internal border controls; and

·  the use of "flanking" measures (such as the Schengen Information System (SIS), the Visa Information System (VIS), readmission agreements, and visa liberalisation measures) which are intended to enhance security within the Schengen area.

Migratory pressures at the EU's external borders

19.4 The Commission reports a sharp increase in the detection of irregular border crossings at the EU's external borders (principally Hungary, Greece and Italy) which it attributes to two factors: improved weather conditions in the Mediterranean Sea, and changes in asylum policy in Hungary which resulted in asylum seekers being sent to "open" rather than "closed" asylum centres and absconding to other Member States. Detections of irregular border crossings have fallen since July 2013, when Hungary reverted to the use of closed centres and also strengthened cooperation with Kosovo, one of the main sources of illegal migrants.

19.5 There has been a steady increase in the number of Syrian nationals detected at the EU's external borders, mostly in the Aegean Sea, and at the Italian sea border and the Turkish-Bulgarian land border. Most Syrians who enter the Schengen area are destined for Germany or Sweden.

19.6 The report notes that the significant increase in migration in the Central Mediterranean, and the loss of life near the island of Lampedusa in summer 2013, has led to the formation of a Mediterranean Task Force to improve the EU's response and prevent the recurrence of similar incidents in the future.

Migration flows within the Schengen free movement area

19.7 23 Member States,[84] as well as Norway and Switzerland, participated in Operation Perkunas which sought to collect data during a two-week period in October 2013 on irregular border crossings, so-called "secondary movements" within the Schengen area, and the main routes followed by irregular migrants. 10,459 irregular migrants were apprehended, mainly in Italy and Germany. The report points out that most irregular migrants are detected as a result of checks carried out inland, rather than at the EU's external borders.

19.8 From March to May 2013, the European network of airport law enforcement services (AIRPOL) coordinated targeted action over a 24-hour period involving "intra-EU risk flights" with a view to combating the smuggling of migrants and trafficking in human beings, as well as the use of false documents, identity theft, and organised crime and terrorism. During the operation, 122 flights were subjected to checks and 26 individuals were intercepted, mainly on flights from Budapest to Berlin.

19.9 Despite these initiatives, the Commission reiterates the point made in its last Report[85] that there is a need for improved data collection and analysis of irregular migratory movements within the EU. It anticipates that a more regular system for data collection and analysis, coordinated by Frontex and using information already available to Member States, will be in place by the beginning of 2014.

Application of the Schengen acquis by Member States

19.10 The Schengen Borders Code contemplates that individual Member States participating in the Schengen free movement area may, exceptionally, re-introduce controls at their internal borders where there is a serious threat to public policy or internal security. None did so during the six-month period covered by the Commission report.

19.11 The report describes the Commission's efforts to monitor obstacles to free movement in border areas (such as additional police checks or disproportionate traffic flow controls) in order to ensure that they do not constitute systematic controls equivalent to border checks. One new case concerning Spain is under investigation, two cases have been closed, and investigations are continuing in six existing cases (Austria, the Czech Republic, Germany, Slovakia and Sweden).

19.12 The report briefly reviews the transposition and implementation of two Schengen measures concerning the return of illegal migrants and cooperation with neighbouring third countries to facilitate the movement of local border traffic (neither measure applies to the UK).

19.13 Turning to the application of the Schengen evaluation mechanism, the report notes that evaluations covering different aspects of the Schengen acquis have been carried out in six Schengen countries (Hungary, Poland, Slovakia, Slovenia, the Czech Republic and Malta) and have not revealed any fundamental deficiencies, although the final evaluation reports are likely to identify areas for improvement. Following a further visit to Greece in October 2013, the Commission reiterates the need for Greece to continue to implement its Schengen action plan whilst also reaffirming its commitment to make appropriate support available through Frontex, the EU External Borders Fund and (from 2014) the Internal Security Fund.

19.14 The report highlights changes to the Schengen evaluation mechanism, following the adoption of a new Regulation in October 2013.[86] These are intended to identify deficiencies more quickly and ensure that appropriate support is made available. They include the possibility of reintroducing internal border controls for a temporary period, as a measure of last resort, if an evaluation reveals persistent and serious deficiencies in a Member State's control of its external borders.

19.15 The report notes that the Council has so far been unable to agree that controls at the EU's internal borders with Bulgaria and Romania should be lifted, even though it concluded in June 2011 that both countries had fulfilled the criteria for full application of the Schengen acquis.

The use of flanking measures

19.16 The second generation Schengen Information System (SIS II) became operational on 9 April 2013 and has functioned smoothly. The Commission reports that most Member States are exploiting the new System's enhanced functionalities and the number of "alerts" stored in SIS II and "hits" achieved continues to grow.

19.17 The Visa Information System (VIS), which stores and processes information on short-stay visas, has been rolled out to further world regions (East and South Africa, South America, Central and South East Asia, and Palestine) and, by the end of October 2013, had processed five million Schengen visa applications (of which 4.2 million visas were issued). Although VIS is operating well, the Commission emphasises the importance of ensuring the quality of the data (including fingerprints) entered in the database.

19.18 The report notes a small reduction in the number of asylum applications lodged by individuals from visa-exempt Western Balkan countries in the first half of 2013 (compared to the same period in 2012), followed by a gradual increase from May 2013 onwards. Germany, Sweden, Belgium, Switzerland and Luxembourg remain the main destination countries.

19.19 Finally, the report notes that the EU has concluded a Readmission Agreement with Cape Verde, signed Agreements with Turkey and Armenia, and initialled agreements with Azerbaijan on visa facilitation and readmission.

The Government's view

19.20 The Minister for Immigration (Mr Mark Harper) says that, although the UK does not take part in the border control and visa elements of the Schengen acquis, UK participation in discussions on the functioning of the Schengen area is important because the UK cooperates with a number of Frontex operations and irregular migration within the Schengen area has an impact on the UK's borders. His Explanatory Memorandum accordingly focuses on the those parts of the Commission report which are likely to have some impact on the UK — such as external border controls and secondary movements of illegal immigrants within the EU — rather than those addressing specific elements of the Schengen acquis in which the UK does not participate.

19.21 Turning first to migratory pressures at the EU's external border, the Minister notes that Kosovans account for the largest number of illegal migrants detected at the EU's external borders, adding that few seek asylum in the UK. He continues:

    "the flows which most affect the UK remain those from the Southeast Mediterranean via Turkey, and to a lesser extent the central Mediterranean. The UK is seeing increasing numbers of Syrian asylum seekers as a result of the ongoing conflict.

    "The Government welcomes the Task Force established after the tragedy off Lampedusa, and has played an active role in its discussions. We support the Task Force's focus on preventative work upstream in countries of origin and transit."[87]

19.22 The Minister welcomes efforts to improve data collection and analysis of illegal migration flows within the EU, which can have a significant impact on the UK's borders. He also welcomes the progress made by Greece in improving the management of its borders and the Commission's commitment to provide continuing support and assistance.

19.23 Turning to the full application of the Schengen acquis in Bulgaria and Romania, the Minister agrees that both countries have fulfilled the technical criteria but adds that the UK does not have a vote on any decision to lift air and sea borders between Schengen States.

19.24 The Minister welcomes the progress made on SIS II and adds that the UK expects to be able to connect its national system to it in October 2014. Although the UK does not (and will not) participate in VIS, he considers it a positive step in helping to prevent abuse of Schengen visas.

19.25 The Minister highlights the need for further Schengen visa liberalisation measures to be accompanied by "robust safeguards", adding that the impact of visa-free travel to the Schengen area for nationals of certain Western Balkan countries was discussed at the December 2013 Justice and Home Affairs Council. He notes:

    "The UK continues to be affected by the systematic abuse of our migration and asylum system by Albanian nationals following Schengen visa liberalisation, and the Government is working bilaterally and through the EU to combat such abuse and to agree a more formal framework for cooperation with Albania."[88]

19.26 Finally, the Minister says that UK participation in EU Readmission Agreements with third countries continues to be determined on a case-by-case basis, and confirms that the UK supports (and has opted into) the EU-Turkey Readmission Agreement.

Conclusion

19.27 The Commission report provides an interesting snapshot of the functioning of the Schengen area, highlighting both the challenges facing the participating Member States and the efforts being made to address them. Much of the report concerns elements of the Schengen acquis in which the UK does not participate. Nevertheless, as the Minister makes clear, the efficacy of controls at the EU's external borders, the implementation of the EU's visa liberalisation policy, and the application of a range of measures intended to enhance security within the Schengen area, do have some impact on migratory pressures at the UK's borders and on its own internal security. We therefore consider that the Report is likely to be of interest to the House, but are content to clear it from scrutiny.


81   See (33152) 14357/11: HC 428-xxxviii (2010-12), chapters 2 and 3 (19 October 2011). Back

82   See p.6 of the Communication on Schengen governance, http://esid.parliament.uk/Documents/a7b5139d-24cc-434c-a7ce-d79d6e47662c.pdf. Back

83   See Council Conclusions of 8 March 2012, http://www.statewatch.org/news/2012/mar/eu-council-jha-schengen-gov-concl.pdf. Back

84   The exceptions were Croatia, Greece, Ireland, Luxembourg and Sweden. Back

85   See (34980) 10260/13: HC 83-vii (2013-14), chapter 18 (26 June 2013). Back

86   See (34045) 11846/12: HC 83-xiii (2013-14), chapter 4 (4 September 2013); HC 83-viii (2013-14), chapter 9 (3 July 2013); HC 86-xxxiv (2012-13), chapter 6 (6 March 2013); HC 86-xi (2012-13), chapter 11 (5 September 2012) and HC 86-vii (2012-13), chapter 2 (4 July 2012). Back

87   See paras 17-18 of the Minister's Explanatory Memorandum. Back

88   See para 36 of the Minister's Explanatory Memorandum. Back


 
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