REU, Alm.del - 2016-17 - Bilag 43: Kopi af EUU alm. del - bilag 66 om evaluering af Danmarks opfyldelse af krav til implementering af Schengen-reglerne

Retsudvalget 2016-17
REU Alm.del Bilag 43
Offentligt

Council of the

European Union

Brussels, 28 October 2016

(OR. en)

13763/16

Interinstitutional File:

2016/0249 (NLE)

PARLNAT 310

NOTE

From:

To:

Subject:

General Secretariat of the Council

National Parliaments

Council Implementing Decision setting out a recommendation on

addressing the deficiencies identified in the 2016 evaluation of Denmark on

the application of the Schengen acquis in the field of the management of

the external border

In accordance with Article 15(3) of Council Regulation 1053/2013 of 7 October 2013, establishing

an evaluation and monitoring mechanism to verify the application of the Schengen acquis and

repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing

Committee on the evaluation and implementation of Schengen, the Council hereby transmits to

national Parliaments the Council Implementing Decision setting out a recommendation on

addressing the deficiencies identified in the 2016 evaluation of Denmark on the application of the

Schengen acquis in the field of the management of the external border.

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REU, Alm.del - 2016-17 - Bilag 43: Kopi af EUU alm. del - bilag 66 om evaluering af Danmarks opfyldelse af krav til implementering af Schengen-reglerne

ANNEX

Council Implementing Decision setting out a

RECOMMENDATION

on addressing the deficiencies identified in the 2016 evaluation of Denmark on the application

of the Schengen acquis in the field of the management of the external border

(Copenhagen Kastrup Airport)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an

evaluation and monitoring mechanism to verify the application of the Schengen acquis and

repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing

Committee on the evaluation and implementation of Schengen

, and in particular Article 15 thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

The purpose of this decision setting out a recommendation is to recommend to Denmark

remedial action to address deficiencies identified during the Schengen evaluation in the field

of external border management carried out in 2016. Following the evaluation, a report

covering the findings and assessments and listing the best practices and deficiencies

identified during the evaluation was adopted by Commission Implementing Decision

C(2016)6005.

OJ L 295, 6.11.2013, p. 27.

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REU, Alm.del - 2016-17 - Bilag 43: Kopi af EUU alm. del - bilag 66 om evaluering af Danmarks opfyldelse af krav til implementering af Schengen-reglerne

(2)

The Danish National Police regularly carries out both announced and unannounced visits to

police districts to ensure that border checks are carried out in accordance with the

requirements laid down both nationally and internationally. This kind of internal evaluation

also allows training needs to be identified.

A monitoring system has been implemented by the Copenhagen Airport Company with the

aim of managing passenger flows more effectively and minimising waiting times. The

system is based on combined infra-red sensors and cameras placed above waiting areas,

which provide shift leaders with a real-time picture of queuing passengers at control booths,

to allow for improved resource management. The system allows shift leaders to take the

necessary steps to limit waiting times, for example by opening additional control booths if

necessary.

At Kastrup airport the control booth desks can be electronically moved into a lower or higher

position depending on the needs of the officers, to allow them to adequately profile

passengers.

(3)

In view of the importance of compliance with the Schengen acquis, in particular the

implementation of Council Directive 2004/82/EC, and of entry checks, priority should be

given to the implementation of recommendations 9, 10, 11, 12 and 13.

(4)

This decision setting out a recommendation should be transmitted to the European

Parliament and to the parliaments of the Member States. Within three months of its

adoption, the evaluated Member State shall, pursuant to Article 16(3) of Regulation (EU) No

1053/2013, establish an action plan to remedy the deficiencies identified in the evaluation

report and submit this to the Commission and the Council,

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REU, Alm.del - 2016-17 - Bilag 43: Kopi af EUU alm. del - bilag 66 om evaluering af Danmarks opfyldelse af krav til implementering af Schengen-reglerne

HEREBY RECOMMENDS:

Denmark should

establish an action plan for the implementation of the national strategy for border

management;

prepare risk profiles related to border checks and the foreign fighter phenomenon with

clear risk indicators, and transmit them to all border guards performing border checks;

additionally, provide training on those risk profiles for all officers/civil staff responsible

for first- and second-line checks;

increase the level of security of stamps by providing regular instructions to border guards

on handling entry/exit stamps;

ensure that all document section personnel receive specialised training in identifying

forged documents, and implement a continuous local training system in this field;

ensure better use of and training on the Schengen Handbook for Border Guards;

further increase control booth security to prevent unauthorised observation of computer

screens;

improve the performance of supplementary checks to detect forged documents by using the

facilities and specialised equipment in the second line; allocate facilities for document

scrutiny next to the first-line control booth; review the existing system and clarify the

different roles of first- and second-line activities and officers, to clearly separate first- and

second-line document examination;

establish a training programme with regular training and briefing hours for officers during

working time, and ensure that all border guards attend shift briefings or receive daily

updated information on the newest trends in document fraud, the modus operandi of

migrants, and risk analysis products;

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REU, Alm.del - 2016-17 - Bilag 43: Kopi af EUU alm. del - bilag 66 om evaluering af Danmarks opfyldelse af krav til implementering af Schengen-reglerne

ensure the practical implementation of Article 8(5) of the Schengen Borders Code, by

instructing border guards to provide passengers with written information on the purpose of

and procedure for supplementary checks;

10.

request in advance (prior to arrival) general declarations comprising, inter alia, flight plans

and information on passengers' identity for private flights from third countries;

11.

urgently implement an API system at national level enabling the transfer of passenger data

to the police and providing automatic pre-travel checks of the passenger data in SIS, to

enhance situational awareness at all airports and further combat irregular migration as well

as the foreign fighters phenomenon; until the electronic system will be available, the API

data should be regularly collected in hard form (paper) from carriers and used in everyday

border check procedures;

12.

improve the practical implementation of border check procedures by verifying all entry

conditions for third country nationals and using in all cases the equipment available for the

detection of forged documents;

13.

identify and solve the technical problem related to the poor performance of the fingerprint

collection system in the first line, to ensure that checks on entry conditions for third

country nationals required to have a visa are always performed.

Done at Brussels,

For the Council

The President

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