EUROMED Migration III project 5-8.02.2013 Warsaw

„SCHENGEN EVALUATION PROCESS”

How and why the Schengen evaluation was established?

• The founding treaties of the European community did not provide for a cooperation in justice and home affairs

• Although the free and unrestricted movement of persons between Member States is considered one of the prerequisites for the functioning of the internal market, there was no legal base for it

• The objective to create an internal market without frontiers and border controls logically imposed the need that Member States formalize their cooperation also in the field of justice and home affairs.

• This approach was also recognized as the only way to combat phenomena increasingly endangering internal security (i.e. terrorism, illegal migration and organized crime).

How and why the Schengen evaluation was established?

The Schengen Agreement and the Convention implementing the Schengen Agreement (CISA) addressed the question of cooperation in justice and home affairs similarly

They also provided for the establishment of the Executive Committee, which, besides ensuring the correct application, was also charged with the task of taking all further decisinos for its implementation

They also initiated the evaluation-process (SCH/Com-ex (98)26def.)

What is Schengen evaluation and the mandate.

DECISION OF THE EXECUTIVE COMMITTEE

of 16 September 1998

setting up a Standing Committee on the evaluation and implementation of Schengen

(SCH/ Com-ex (98)26 def.)

I mandate:

to prepare the reports to serve as a basis for establishing that all the preconditions for bringing the Schengen Convention into force in a candidate State have been satisfied. In these cases it shall be called the "Evaluation Committee", and shall be in charge of evaluating how well these States are prepared;

II mandate:

to lay the foundations so that the Executive Committee can ensure the proper application of the Convention in the States already implementing the Convention with a view to optimising its application and cooperation between the Schengen partners. First, it has to find solutions to problems encountered since the bringing into force of the Convention and make proposals on improving controls in accordance with the objectives set and the spirit of the Convention. Here, it shall be called the "Implementation Committee".

Areas of Schengen Evaluation:

1. Borders:

a). Land border

b). Air borders

c). Sea borders

2. Police Cooperation

3. Visa

4. SIS/SIRENE

5. Data Protection

Schengen Evaluations – main actors • The Working Party on Schengen Matters (Schengen

evaluation)

• The evaluation-team composed of:

• Lead-expert

• MS experts

• European Commission

• General Secretariat of the Council

• Host country

• The Presidency

• European Commission

• The General Secretariat of the Council

• The host country

The main elements of the evaluation process

• Planning• Preparation• Carrying out evaluation visits• Reporting• Preparation and adoption of conclusions• Follow-up

Some important issues

• It is a mechanism that builds trust between the Member States

• The basic motto is: „Strict, fair and friendly“,

• It is a regular process: all Schengen states applying for accession to Schengen and also all countries already applying Schengen in full must be evaluated

• Catalogue of Best practices and recommendations in all fields of evaluation

• It is a process under permanent development

Future of evaluation?

Currently, a New Schengen Mechanism is being discussed on the EU level

„Draft proposal for a Regulation of the European Parliament and of the Council on the establishment of an evaluation mechanism to verify application of the Schengen acquis”

What are the main changes discussed?

History of Schengen enlargement:

• 14 June 1985:BE, DE, FR, LU and NL sign the Schengen Agreement.• 19 June 1990:the original founders of the Schengen cooperation sign the

Convention implementing the Schengen Agreement (Schengen Convention). • 26 March 1995:abolition of border control between BE, DE, FR, LU, NL, ES, PT • 26 October 1997:start of gradual abolition of border control with IT (completed on

31 March 1998).• 01 December 1997:start of gradual abolition of border control with AT (completed

on 31 March 1998).• 01 March 2000:abolition of border control with EL (completed on 26 March 2000).• 25 March 2001:abolition of border control with NO, IS, SE, DK, FI • 21 December 2007:abolition of control of land and sea borders with CZ, EE, HU,

LV, LT, MT, PL, SK and SL (border checks on intra-Schengen flights at airports abolished on 30 March 2008).

• 12 December 2008:abolition of border control at land borders with CH (border checks on intra-Schengen flights at airports being abolished on 29 March 2009)

• 19 December 2011: abolition of border control at land borders with LI • 2013 or when? Romania and Bulgaria

Thank you for your attention

2nd Lt Marcin Dróżdż

Counsellor

International Co-operation Bureau

Border Guard HQ

Republic of Poland

phone: +48 22 500 48 47

e-mail: marcin.drozdz@strazgraniczna.pl