EUU, Alm.del - 2020-21 - Bilag 382: Rådets anbefalinger til en række EU-lande - herunder Danmark - til justeringer af grænsekontrollen iht. Schengen, jf. evaluering i 2019-20 (engelsk)

Europaudvalget 2020-21
EUU Alm.del Bilag 382
Offentligt

Council of the

European Union

Brussels, 17 March 2021

(OR. en)

6903/21

Interinstitutional File:

2020/0370(NLE)

PARLNAT 52

NOTE

From:

To:

Subject:

General Secretariat of the Council

National Parliaments

Council Implementing Decision setting out a recommendation on

addressing the deficiencies identified in 2019 - 2020 thematic evaluation of

Member States` national strategies for integrated border management

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 2019 - 2020 thematic evaluation of Member States`

national strategies for integrated border management

Available in all official languages of the European Union on the Council public register,

doc.

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Council Implementing Decision setting out a

RECOMMENDATION

on addressing the deficiencies identified in 2019 - 2020 thematic evaluation of Member States`

national strategies for integrated border management

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning 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 European integrated border management is a concept established in Regulation

2016/1624 on the European Border and Cost Guard

to reinforce the strategic approach to

border management at the national and Union levels, to ensure a uniform and high level of

border control

at the Union’s external borders, to guarantee the free movement of persons

within the Union and to facilitate border crossings. The European integrated border

management concept was further developed and amended by Regulation (EU) 2019/1896

and it consists of 12 components defining the border management and return requirements,

such as border control based on risk analysis, search and rescue, capabilities and information

systems, the necessary financial sources; as well as fundamental rights, training, research,

development and effective monitoring as overarching components.

OJ L 295, 6.11.2013, p. 27.

OJ L 251, 16.9.2016, p. 1.

OJ L 295, 14.11.2019, p. 1.

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(2)

Regulation 2016/1624 required the coordinated development of a European integrated

border management within the common strategic framework applicable at national and

Union levels. To that end, in 2018 the Commission developed a set of dedicated guidelines

and in 2019 the European Border and Coast Guard Agency (Frontex) adopted the Technical

and Operational Strategy for European integrated border management. The technical

documents were put in place to assist Member States in developing their national strategies

in accordance with Article 3(3) of Regulation 2016/1624; a dedicated training programme

was also carried out.

(3)

The process to support the gradual implementation of the strategic framework for the

European integrated border management was outlined by the Commission in its 3

Progress

Report on the operationalisation of the European Border and Coast Guard

. In the same

document, the Commission highlighted the need to carry out an evaluation of the Member

States’ national strategies for integrated border management.

(4)

Article 6(1)(b) of the Schengen Evaluation Mechanism Regulation foresees thematic

evaluations as an additional tool to monitor the implementation of the Schengen

acquis.

allows evaluating all Member States at the same time on a particular Schengen-related

matter.

(5)

Given the strategic importance of the European integrated border management for the

effective protection of the Union external borders, the Commission proposed in 2017 to

carry out a thematic evaluation of the national strategies for integrated border management

established by Member States in accordance with Article 3(3) of Regulation (EU)

2016/1624.

(6)

The Council, supporting this view, in its conclusions of 4 and 5 June 2018, invited the

Commission to carry out this thematic evaluation in 2019-2020.

COM(2017) 219 final.

9000/18/FRONT 138 SIRIS 49 COMIX 258.

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(7)

The thematic evaluation consisted of a desk-review of the national strategies for integrated

border management. It looked at the quality and completeness of the national strategies and

their alignment with Regulation (EU) 2016/1624 and the Technical and Operational Strategy

for the European integrated border management adopted by the Management Board of the

European Border and Cost Guard Agency in March 2019.

(8)

The thematic evaluation aimed at assessing the readiness and preparedness of Member

States to align their strategies and planning with a view to ensuring a gradual and efficient

development and implementation of European integrated border management; and

contributing to the EU multiannual strategic policy cycle for the European integrated border

management as defined by Article 8 of Regulation (EU) 2019/1896. In this context, the

Commission should take the results of this thematic evaluation into account when preparing

the policy document that will launch the multiannual strategic policy cycle. The

Management Board of the European Border and Cost Guard Agency should also take the

results of the thematic evaluation into account while revising the technical and operational

strategy for the European integrated border management. Member States should take the

results of the thematic evaluation into account when revising their national strategies as part

of the multiannual strategic policy cycle for the European integrated border management, in

accordance with the timeline set in the Roadmap for the implementation of Regulation (EU)

2019/1896.

(9)

The results of the thematic evaluation are also consistent with the approach proposed in the

New Pact on Migration and Asylum

to protect the EU external borders and to safeguard the

integrity and functioning of a Schengen area without internal border controls.

COM(2020) 609 final.

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(10)

The Commission evaluated 25 Member States and Schengen Associated States, namely

Austria, Belgium, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary,

Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland,

Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland; and proposed remedial

actions to address the deficiencies identified during the thematic evaluation of their national

strategies for integrated border management carried out in 2019 - 2020. Following the

thematic evaluation, a report and annexes covering the findings and assessments, listing

good practices and deficiencies identified during the evaluation and was adopted by

Commission Implementing Decision C(2020) 8000.

(11)

All the Member States evaluated have concluded national strategies for integrated border

management to ensure the effective implementation of the European integrated border

management at the national level in accordance with Article 3(3) of Regulation (EU)

2016/1624, which takes into account the relevant guidelines established by the Commission

and the European Border and Cost Guard Agency.

(12)

The evaluation identified as a good practice the approach taken by five Member States

towards the formulation of strategic objectives on several elements of the European

integrated border management, in particular border control, including where appropriate

prevention and detection of cross-border crime, return, cooperation between Member States

supported and coordinated by the European Border and Coast Guard Agency, measures

within the Schengen area, cooperation with third countries, quality control mechanisms; the

strategic directions developed by these Member States guarantee consistent, efficient and

sustainable implementation of the European integrated border management at the national

level. The governance of the national strategies in some of these Member States was also

identified as a good practice as clear coordination and cooperation methods were proposed,

covering all national authorities involved in border management, supported by a coherent

timeline for implementing the strategy and the necessary resources.

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(13)

Most of the evaluated national strategies focused on the current state of play in the area of

border management and generally lacked a long-term strategic approach. In some Member

States, the national strategies are not accompanied by corresponding action plans to ensure

their effective implementation.

(14)

Member States should better design and align their strategies to improve the priority setting

in integrated border management at the political and strategic levels. This is in particular

relevant in the areas of new information systems for border control, border checks, border

surveillance, referral mechanism, contingency planning, risk analysis, prevention, detection,

and combating cross-border crime, measures within the Schengen area, cooperation between

Member States supported by the European Border and Cost Guard Agency, use of the state-

of-the art technologies, interagency cooperation and financial resources.

(15)

Most Member States also face difficulties in prioritising, planning, steering and organising

the national resources for border management. In particular, the evaluation found that the

strategic approach to human resources (staffing needs, staff allocations, recruitment policies,

and career development), education and training were the weakest elements in the national

strategies. Therefore, these topics should be prioritised when Member States revise their

national strategies.

(16)

The evaluation concluded that the alignment of the national strategies with the technical and

operational European Integrated Border Management Strategy was only partly

accomplished. The strategic management concepts applied by the Member States when

drafting the national strategies and the guidelines adopted by the European Border and Cost

Guard Agency for establishing the Technical and Operational Strategy for European

integrated border management were found not sufficiently integrated in relation to the

format, content and general approach.

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(17)

This Decision should be transmitted to the European Parliament and to the national

Parliaments of the Member States. The Member States should send the revised version of

the national strategies for European integrated border management to the Commission in

accordance with the timeline of the roadmap for the implementation of Regulation (EU)

2019/1896 on the European Border and Coast Guard, in particular the implementation of the

multiannual strategic policy cycle for the European integrated border management.

HEREBY RECOMMENDS that Austria, Belgium, Czechia, Denmark, Estonia, Finland, France,

Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands,

Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland take action in 2021

and 2022 to:

revise, adapt and improve the content of the national strategy for the integrated border

management on the basis of the findings included in the evaluation report and its annexes

concluded after the thematic evaluation of the national strategies for integrated border

management in 2019 and 2020, and in particular:

1.1.

ensure alignment of the national strategies for integrated border management with the

policy priorities established at the Union level, in particular with regard to the use of the

state of the art technologies, development of interoperability and new information systems

as well as the protection of fundamental rights ;

1.2.

improve the strategic approach to interagency cooperation with a view to streamlining the

coordination and cooperation between the different national authorities involved in the

implementation of the European integrated border management;

1.3.

improve priority setting for establishing an efficient European integrated border

management at the political and strategic levels and reinforce the link between priority

setting in their national strategy and the allocation of resources;

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1.4.

establish and consolidate a national governance mechanism, including a national

coordination authority for the efficient implementation of the European integrated border

management at the national level;

1.5.

establish a coherent and strategic approach at national level to ensure an efficient

management of human resources for border management, which considers staffing needs,

staff allocations, recruitment policies, and career development, as well as national

education and training capacities for border guards;

1.6.

ensure sufficient financial allocations for efficient implementation of the European

integrated border management by combining in an effective manner the national resources

with the Union Multiannual Financial Framework;

1.7.

establish or improve the strategic approach, in particular setting strategic objectives and

priorities as well as improved planning with regard to border control, border checks, border

surveillance, referral mechanism, risk analysis, respect of the non-refoulement principle,

prevention, detection, and combating cross-border crime, measures within the Schengen

area, cooperation between Member States supported by the European Border and Coast

Guard Agency, interagency cooperation and financial resources;

1.8.

establish an action plan for the efficient monitoring and implementation; and

revise the national strategy as part of the multiannual strategic policy cycle for the

European integrated border management, in accordance with Article 8(6) of Regulation

(EU) 2019/1896 on the European Border and Coast Guard and in accordance with the

roadmap established for its implementation. The information on the revision of the national

strategies should be provided for the purpose of the evaluation to be carried out by the

Commission in accordance with Article 8(7) of Regulation (EU) 2019/1896.

Done at Brussels,

For the Council

The President

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