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
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| Deposited in Parliament
| 9 December 2013
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| Department
| Home Office
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| Basis of consideration
| EM of 17 December 2013
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| Previous Committee Report
| None |
| Discussion in Council
| 5 December 2013
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| Committee's assessment
| Politically important
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| 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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