Brussels, 30/05/2013 (Agence Europe) - On Wednesday 29 May, the three EU institutions sealed an agreement on the “Schengen governance package”, which above all comprises review of the Schengen Borders Code in order to allow the highly controversial temporary reintroduction of checks at borders, as well as review of the Schengen evaluation mechanism, an upstream analysis of the state of the area of free movement and of member states' practices.
According to the compromise reached in trialogue, Schengen member states may bring controls back in at their internal borders, but only under exceptional circumstances, when serious failings have been noted in the way a state manages common EU borders. This kind of control that will be proposed by the Commission in a recommendation to Council, may last for six months, renewable for up to two years. However, the measure will be used only as a last resort when every other possibility - for example intervention by the Frontex agency - has been exhausted. “Logically, there will be so many preliminary missions and measures that this provision on controls may never be used”, one source states. The new compromise stipulates that the controls should only be used as a last resort, for a limited length of time and on the basis of objective criteria. The need for such controls should be assessed at European level.
Furthermore, the Schengen Borders Code already provides for the possibility of restoring controls for periods of 30 days renewable up to 6 months in the context of foreseeable events. Member states will also, as requested at the time by France and Italy during the polemic of spring 2011, have the right to restore controls unilaterally, in the event of sudden and unforeseen threats but only for a maximum ten-day period. Any extension of those controls should be the subject of examination at European level. MEPs were successful in their argument that nmigration should not be considered a serious threat to public order. The text stipulates that migration and the crossing of external borders by a large number of third country nationals should not, in itself, be considered as a threat to public order or to internal security.
As far as the assessment mechanism is concerned, the compromise organised a more “European”, less governmental system with a coordination role assigned to the Commission, which currently only has the role of observer in what remains an assessment between peers. According to the text, surprise checks at member states' borders will be possible in order to ensure that they respect the principle of free movement (the countries concerned may be given notice 24 hours in advance at the earliest). Those inspections will be carried out by six experts from member states, the Commission and Parliament.
Regarding future reforms of the assessment mechanism, the EP will only be consulted and may not co-decide. The EP should be kept informed of those reforms as far as possible.
The two dossiers relating to Schengen governance, tabled in September 2011 in the wake of the Arab Spring and the arrival of thousands of migrants in Lampedusa, had been blocked in June 2012 when home ministers had decided not to include the Parliament in co-decision procedure on reform of Schengen evaluation. MEPs then froze five legislative dossiers (including that on European PNR) before relations gradually thawed. A new breakthrough took place in December 2012 but the dossier once again stumbled over guarantees to be given to a Parliament that could not take part in co-decision. The compromise will be discussed in Luxembourg on 7 June by home ministers, and the Parliament meeting in plenary may vote on this in June or July. (SP/transl.jl)