15 The functioning of the Schengen area
| Committee's assessment
| Politically important |
| Committee's decision | Cleared from scrutiny
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| Document details | Commission Report: Sixth bi-annual report on the functioning of the Schengen area 1 May—31 October 2014
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| Legal base | —
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| Department
Document numbers
| Home Office
(36541), 15783/14, COM(14) 711
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Summary and Committee's conclusions
15.1 This is the Commission's sixth six-monthly report
on the functioning of the Schengen area, covering the period from
May to end October 2014. It provides an overview of the main
trends and developments within the Schengen area to inform political
and strategic discussion at Ministerial level. 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.
15.2 Based on the findings in its report, the Commission
highlights three areas which it considers merit further consideration
by the Council and the European Parliament. These are:
· the capacity of Member States and relevant
EU agencies to manage a significant increase in irregular border
crossings at the EU's eastern external land borders;
· the need for further measures to strengthen
the functioning of the Schengen area to take account of the situation
in the EU's neighbourhood; and
· Member States' experiences of using the
Visa Information System (VIS) to identify undocumented migrants
within the Schengen area for the dual purpose of handling asylum
applications and initiating return procedures.
15.3 In this Report chapter, we briefly summarise
the main findings of the Commission report and the Government's
position as set out in the Explanatory Memorandum, provided by
the Minister for Immigration and Security (James Brokenshire).
15.4 We note that the Commission report was discussed
at the EU Justice and Home Affairs Council on 5 December. The
Home Secretary's Written Ministerial Statement on the Council,
published on 10 December, expressed the Government's "strong
interest in the effective functioning of the Schengen area"
and its commitment to "continue to work with European partners
to tackle migratory pressures across the EU". The Home Secretary
also emphasised "how the openness of the Schengen area and
the principle of free movement continue to be exploited, for example
by organised gangs and criminals, and how the EU needs to work
harder to manage these risks and put the right safeguards in place".[58]
15.5 Whilst much of the Commission report concerns
elements of the Schengen acquis in which the UK does not
participate, we consider that it provides a useful strategic overview
of the challenges facing Member States in managing migration at
a time of increased migratory pressures at the EU's external borders
and loss of life in perilous journeys across the Mediterranean,
as well as the efforts being made at EU level to address these
challenges. We agree with the Government that 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,
are likely to have some impact on migratory pressures at the UK's
borders and on its own internal security. We therefore consider
that the Commission report is likely to be of interest to the
House.
15.6 We are content to clear the Commission report
from scrutiny. In doing so, however, we remind the Government
that we have asked previously for an update on the progress and
outcome of a case brought by Spain in the Court of Justice to
challenge arrangements for the UK to cooperate and exchange information
with the EU's new border surveillance system, Eurosur. We have
also asked the Government to inform us of any changes proposed
by the Commission to Switzerland's association with the Schengen
free movement area, following the outcome of the Swiss referendum
in February 2014 calling for the introduction of immigration quotas.
We look forward to receiving updates on both matters at the earliest
opportunity.
Full details of the documents:
Commission report: Sixth bi-annual report on the functioning
of the Schengen area 1 May-31 October 2014: (36541), 15783/14,
COM(14) 711.
Commission report on the functioning of the Schengen
area
15.7 The Commission report reviews:
· migratory pressures at the EU's external
borders and migration flows within the Schengen area;
· Member States' application of Schengen
rules; and
· the use of "flanking" measures,
such as the Schengen Information System, Visa Information System,
readmission and visa facilitation agreements, which are intended
to enhance security within the Schengen area.
Migratory pressures at the EU's external borders
15.8 The Commission highlights two main developments
during the reporting period: increasing migratory flows across
the Mediterranean which reached their peak during the summer months;
and significant secondary movement of migrants from Italy to other
Member States within the Schengen area. These developments are
reflected in a sharp increase in the detection of irregular border
crossings by third country nationals at the external borders of
the Schengen area — 81,270 from May to July 2014 compared
with 31,406 for the same period in 2013 — with Italy reporting
an unprecedented number of detections. Most of those detected
or apprehended in Italy were from Syria and Eritrea.
15.9 The Central Mediterranean was the main route
used by migrants, with a five-fold increase in detections from
May to July 2014 compared to the same period in 2013. The report
suggests that the higher level of detections by Italy may be attributable
to the search and rescue operation Mare Nostrum launched
by the Italian Navy in October 2013. Detections have also doubled
on the Eastern Mediterranean route compared to the same period
in 2013, largely as a result of increased detections at the external
borders of Greece. The number of detections at the external borders
of Bulgaria remains stable. The third most frequently used route,
via Apulia and Calabria, saw a nine-fold increase (totalling more
than 13,000) in the detection of irregular border crossings.
However, migratory flows along the Western Balkans route have
decreased by almost three-fold as a result of a sharp drop in
detections at Hungary's external borders.
15.10 The report notes that the Justice and Home
Affairs Council is continuing to monitor implementation of the
actions proposed by the Task Force for the Mediterranean to reduce
migratory and asylum flows and prevent loss of life at sea. It
also notes that Greece, Bulgaria and Italy have made considerable
efforts to improve their asylum systems but adds that further
efforts are required.
15.11 The crisis in Ukraine has not produced any
significant changes in the number of detections of irregular border
crossings at the external land border with the EU, but there has
been a steady increase in asylum requests by Ukrainian nationals
(more than 2,500 from May to July 2014, a twelve-fold increase
compared with the same period in 2013), as well as some increase
in the number staying irregularly within the EU.
15.12 The report recognises the threat posed by foreign
fighters returning to the EU from Syria, but suggests that "the
existing legal framework is well tailored to respond to this threat".[59]
Migration flows within the Schengen free movement
area
15.13 The Commission reports an increase of around
35% in the number of irregular migrants detected within the Schengen
area from May to July 2014, compared to the same period a year
ago, with most apprehended in Sweden, Germany, France and Spain.
FRONTEX has started to collect data on secondary movements within
the Schengen free movement area, but the Commission notes that
a number of Member States have either failed to submit relevant
data or have provided incomplete data, making it impossible to
trace migration routes.
15.14 During October 2014, the Mos Maiorum
Operation sought to gather information on migratory flows over
a fourteen-day period. The Commission expects to present the
results of this operation, including information on the involvement
of organised crime groups in the facilitation of irregular migration
to the EU and illegal border crossings, in its next six-monthly
report.
Application of the Schengen acquis by Member States
15.15 The Schengen Borders Code contemplates that
individual Member States participating in the Schengen free movement
area may, exceptionally, re-introduce temporary controls at their
internal borders where there is a serious threat to public policy
or internal security. Two Member States and one Schengen-associated
country chose to do so for periods ranging between four and eight
days in response to a terrorist threat (Norway), to host the G7
Summit (Belgium) and to host a visit of the US President (Estonia).
15.16 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. Investigations are continuing in
four cases concerning possible obstacles to fluid traffic flow
in Austria, Belgium, Italy and Slovenia. The Commission has formally
notified Germany that certain provisions of its Federal Police
Law do not comply with the Schengen Borders Code.
15.17 The report notes that preparations have continued
to enable the European Border Surveillance System (Eurosur) to
be extended to all countries participating in the Schengen free
movement area by 1 December 2014. All countries now have National
Coordination Centres and work is underway to complete a Handbook
containing technical and operational guidelines for implementing
Eurosur during 2015. The Commission reports that satellite imagery
obtained through Eurosur has enabled vulnerable migrants to be
detected at sea and their lives saved.
15.18 The report contains details of alleged violations
of Schengen rules which are currently under investigation by the
Commission, including allegations of "push-back" practices
at the external borders of Bulgaria and Greece which may contravene
the principle of non-refoulement, and summary removals
from Spanish territory (Ceuta and Melilla).
15.19 The Commission has made a further site visit
to investigate complaints about excessive waiting times at the
border between Spain and Gibraltar and issued further recommendations
to improve the management of vehicle and passenger flows and tackle
tobacco smuggling more effectively. The Commission says it will
"continue to monitor the situation closely" at this
border crossing point.[60]
15.20 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).
15.21 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 Switzerland. It describes the progress made in preparing
for the implementation of a new Schengen evaluation mechanism,
agreed in 2013, and anticipates that the first evaluations will
start in February 2015.
15.22 The report confirms 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, despite concluding
in June 2011 that both countries had fulfilled the criteria for
full application of the Schengen acquis.
The use of flanking measures
15.23 The second generation Schengen Information
System (SIS II) became fully operational in May 2013 and has functioned
smoothly. The report notes that there has been a significant
increase in the use of the new functionalities provided by SIS
II. Recommendations have been issued to Member States to strengthen
security measures in relation to SIS II, and work is underway
to accelerate the exchange of information on "alerts"
concerning the routes used by terrorists (including foreign fighters)
and mobile criminal gangs.
15.24 The Visa Information System (VIS), which stores
and processes information on short-stay visas, is now operational
in 16 world regions and, by the end of July 2014, had processed
nearly nine million Schengen visa applications (of which around
7.5 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.
From 11 October 2014, the use of fingerprints to verify the identity
of visa holders at Schengen border crossing points became mandatory,
but the Commission notes that it is too soon to draw any conclusions
at this stage on the implementation of this new requirement.
15.25 Turning to the EU's visa policy, the Commission
notes that no Member State has sought to trigger the new visa
suspension mechanism, following its introduction in January 2014.
The mechanism is intended to be used as a last resort in the
event of substantial increases in the number of irregular migrants
or rejected asylum applicants from a visa-free third country.
A visa reciprocity mechanism, also in force since January 2014,
makes it easier for the EU to respond to the imposition of visa
requirements on one or more Member States by a visa-free third
country. The Commission reports that five Member States (Bulgaria,
Croatia, Cyprus, Poland and Romania) have notified cases of non-reciprocity
involving Australia, Brunei, Darussalam, Canada, Japan and the
US. It has established regular tripartite meetings with the countries
concerned to consider further steps to ensure full visa reciprocity
as soon as possible.
15.26 The number of asylum applications lodged by
individuals from the five visa-exempt Western Balkan countries,
especially Serbia and Albania, increased by 40% from May to July
2014, compared to the same period in 2013. Germany remains the
most affected Member State, handling 11,000 out of an EU-wide
total of 15,000 applications during these three months, followed
by Sweden, France and Belgium. Asylum applicants from the five
Western Balkan countries constituted 10% of the total number of
applicants for asylum in the Schengen area.
15.27 Finally, the report notes that the EU Readmission
Agreement with Turkey entered into force on 1 October 2014. The
EU visa liberalisation dialogue with Russia was suspended in March
2014, following Russia's violation of Ukraine's territorial integrity
and sovereignty. Moldovan citizens possessing a biometric passport
have been entitled to visa-free entry to the Schengen area since
April 2014, with no evidence of significant abuse recorded. Readmission
and visa facilitation agreements with Azerbaijan entered into
force on 1 September 2014, and negotiations have commenced with
Belarus. In July, the Commission proposed a draft negotiating
mandate for readmission and visa facilitation agreements with
Tunisia and is also seeking Council approval to open negotiations
for short-stay visa waiver agreements with 16 small Caribbean
and Pacific island nations and the United Arab Emirates. The
Commission reports that implementation of EU visa facilitation
and readmission agreements with Georgia and Armenia is proceeding
well.
The Minister's Explanatory Memorandum of 15 December
2014
15.28 The Minister for Immigration and Security (James
Brokenshire) notes that the UK does not take part in the border
and visa aspects of the Schengen acquis but participates
in Council discussions and highlights two areas of particular
interest for the UK: the impact on the UK's borders of illegal
immigration transiting the Schengen area and UK participation
in Frontex operations.
15.29 He expresses the Government's concern at the
"continued increase" in the level of illegal migration
to the EU, adding that the UK is:
"engaged in a range of activity to address
this issue, with a particular focus on efforts 'upstream' to improve
cooperation with key countries of origin and transit and to tackle
the root causes of illegal migration. The Government is also
engaging with EU partners in view of shared concern about the
number of European foreign fighters travelling to Syria and Iraq
and the threat they pose upon their return."[61]
15.30 The Minister notes that secondary migratory
movements within the Schengen area continue to have a significant
impact on the UK's borders and welcomes efforts at EU level to
understand and tackle this phenomenon more effectively.
15.31 The Minister explains that the UK is unable
to participate formally in Eurosur, as it builds on elements of
the Schengen acquis in which the UK is not entitled to
take part, but considers it to be "an important tool for
practical cooperation between Member States" and notes that
it has already helped to save lives at sea while bolstering the
EU's response to illegal immigration and cross-border criminality.
He adds that the UK is able to cooperate with Eurosur and to
exchange information on the basis of bilateral or multilateral
agreements concluded with neighbouring Member States participating
in Eurosur.[62]
15.32 Turning to the Commission's handling of complaints
about delays at the border between Gibraltar and Spain, the Minister
notes:
"The Government has been very clear that Spain's
response to [the Commission's] border recommendations is not satisfactory
and the European Commission itself has expressed its concerns
about the lack of progress. We are continuing to work with the
European Commission to ensure that Spain completes the required
works, with minimal impact on existing traffic and within an agreed
timeframe.
"By comparison, Her Majesty's Government of
Gibraltar has acted swiftly to implement changes at its border
with Spain, in response to its recommendations. These changes
range from reducing the number of cigarettes allowed in the border
area from 1,000 to 200 per person, through to infrastructure upgrades
aimed at risk profiling travellers, including providing facilities
for dedicated vehicle searches. The European Commission has welcomed
the steps taken to date."[63]
15.33 The Minister expresses the Government's support
for the work of the Council's Schengen Evaluation working group
in its efforts to finalise visits under the old mechanism. He
continues:
"We are pleased that the majority of Member
States completed their implementation of recommendations for improvement
before the old mechanism expired. The retention of Member States'
expertise in this area as a new advisory group to Ministers will
assist in the smooth move from the old mechanism to the new Schengen
Evaluation Mechanism, especially where work concerns the implementation
of outstanding recommendations. Visits under the new Mechanism
will begin in early 2015, including a revisit to Switzerland to
assess SIS II implementation progress."[64]
15.34 The Minister reiterates the Government's position
that Bulgaria and Romania have met the technical criteria for
accession to the Schengen area, but adds:
"The UK does not have a vote on any decision
to lift air and sea borders between Schengen States as we do not
participate in the border elements of the Schengen acquis."[65]
15.35 He expresses the Government's commitment to
connecting to SIS II as soon as possible, adding:
"We have completed all the required tests
and evaluations to join the system, and we expect to agree our
SISII connection date early in the New Year."[66]
15.36 He notes that the UK has worked closely with
the Information Commissioner's Office in setting up the UK's SIS
II infrastructure and that there will be regular reviews and audits
once the UK has formally joined.
15.37 The UK does not participate in the Visa Information
System (VIS) but the Minister considers that it is helpful in
preventing abuse of the Schengen visa system. He notes that
the UK has not opted into the EU Readmission Agreement with Azerbaijan
or the negotiations with Belarus, but that it has opted into negotiations
for an EU Readmission Agreement with Tunisia. He continues:
"The UK does not participate in the visa
element of the Schengen acquis and is therefore not directly
affected by the reported developments with regard to Schengen
visa facilitation agreements and visa liberalisation. However,
given the impact on UK borders of Schengen visa liberalisation
in the Western Balkans, the Government continues to make clear
the need for proper safeguards to be incorporated into Schengen
visa facilitation and liberalisation agreements."[67]
15.38 The Minister notes, finally, that the Commission
report was discussed at the Justice and Home Affairs Council on
5 December 2014 and that the Home Secretary "stressed the
need to work harder to tackle exploitation of the Schengen arrangements".[68]
Previous Committee Reports
None, but Fourth Report HC 219-iv (2014-15), chapter
13 (25 June 2014) is relevant.
58 Hansard, 10 December 2014, 42-48WS. Back
59
See p.3 of the Commission report. Back
60
See p.6 of the Commission report. Back
61
Para 18 of the Minister's Explanatory Memorandum. Back
62
Para 25 of the Minister's Explanatory Memorandum. Back
63
Paras 27-28 of the Minister's Explanatory Memorandum. Back
64
Para 30 of the Minister's Explanatory Memorandum. Back
65
See para 32 of the Minister's Explanatory Memorandum. Back
66
Para 34 of the Minister's Explanatory Memorandum. Back
67
Para 42 of the Minister's Explanatory Memorandum. Back
68
Para 46 of the Minister's Explanatory Memorandum. Back
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