Europaudvalget 2015-16
EUU Alm.del Bilag 363
Offentligt
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The Schengen Rules Explained
The Schengen Evaluation Mechanism
The Schengen evaluation mechanism provides for monitor-
ing visits to Member States on an annual and multi-annual
basis. On average, 5-7 Member States are evaluated each
year. The evaluation visits are carried out by Commission-
led teams with experts from Member States and Frontex.
The visits can be announced or unannounced.
Following each visit, a Schengen Evaluation Report is
drawn up and agreed by the Schengen evaluation commit-
tee of member state experts. If the report identifies any
weaknesses in management of the external border, then
recommendations for remedial action are presented. The
recommendations are submitted by the Commission to the
Council for adoption.
Commission establishes
multi-annual and annual
evaluation programmes
in cooperation with Frontex
Commission and Member States
experts conduct on-site visits
Schengen Evaluation Report iden-
tifying shortcomings adopted by
the Commission after opinion of a
Committee of the Member States
Council adopts recommendations
for remedial action upon proposal
from the Commission
Evaluated Member State submits
Action Plan to remedy weaknesses
identified
Articles 23, 24 and 25:
Temporary Reintroductions of border controls by
Member States
The Schengen Borders Code provides Member States with the possibility to temporarily reintroduce controls at internal
borders where there is a serious threat to public policy or internal security.
Article 25 – Temporary Reintroduction of Border
Controls for Unforeseen Circumstances
•
Article 25 can be used in cases requiring immediate
Article 23 and 24– Temporary Reintroduction of
Border Controls for Foreseen Circumstances
•
Article 24 can be used for foreseeable circumstances
action
•
The reintroduction is for an initial period of 10 days.
•
This can be renewed for additional periods of 20
days, up to a maximum of
2 months
in total.
if notified in advance.
•
These controls may last for an initial period of 30
days, renewable up to a maximum of
6 months.
 EUU, Alm.del - 2015-16 - Bilag 363: Europa-Kommissionens faktaark om Schengenreglerne
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The Schengen Borders Code allows for the combination of
Article 25 and Article 24 measures, allowing for the rein-
troduction of temporary border controls by Member States
for a total duration of 8 months under these procedures.
In the exceptional circumstances, as a matter of last resort
and to protect the common interest of the Schengen area,
controls can be prolonged beyond this 8 month period. This
procedure is set out under Article 26 of the Schengen Bor-
ders Code.
Articles 19 and 26:
Threat to the overall functioning of the internal Schengen area
In exceptional situations, deficiencies in management of
the external Schengen border can put at risk the function-
ing of the internal area of free movement. In these cases,
the Council is empowered to recommend border controls
at one or several internal borders.
If a Schengen Evaluation Report concludes that in the evalu-
ated Member State there are “serious deficiencies in the car-
rying out of external border control”, the Council may recom-
mend remedial action to the Member State concerned. The
Commission may also, under Article 19b of the Schengen Bor-
ders Code, recommend that the evaluated Member State take
certain specific measures with a view to ensuring compliance
with the Council recommendations.
The Commission adopts these recommendations after
obtaining the opinion of a Committee of the Member States,
acting by qualified majority. The evaluated Member State
then has
three months
from the date of adoption of the
Council recommendations to complete the remedial actions.
If the recommendations are not sufficiently addressed
within three months, the Commission is empowered to
trigger, as a last resort, measures to reintroduce internal
border controls. Under
Article 26
of the Schengen Borders
Code, the Commission may propose a Recommendation, to
be adopted by the Council, to reintroduce controls at all or
specific parts of the border of one or more Member States.
These are measures of last resort which are subject to
a clearly defined process. They may be introduced for a
period of up to six months. Controls can be prolonged for
additional six month periods up to a maximum duration of
two years.
Commission adopts Schengen Evaluation Report
identifying serious deficiencies in the management
of the external border - positive opinion by
a Committee of the Member States
Council adopts recommendations for remedial action
upon proposal from the Commission
Commission adopts recommendation for specific
measures to be taken under Article 19b - following
opinion by a Committee of the Member States
Evaluated Member State has three months from the
Council recommendations to complete the remedial
actions
If situation persists - Commission proposes reintro-
duction of internal border controls at one or several
internal borders for up to six months - Council adopts
Commission proposal