On Friday 13 October in Luxembourg, EU Ministers of the Interior will hold an initial exchange of views on the recent Commission proposal amending the Schengen Border Code. This proposal seeks to extend the duration of the internal border controls, particularly in the event of serious terrorist threats.
It was proposed on 27 December by the Commissioner for Internal Affairs, Dimitris Avramopoulos. The draft regulation aims to respond to the request made by countries such as France, Germany, Austria, Sweden and Denmark, which are all operating controls (on the basis of the terrorist threat in France and on the basis of migration flows for the other member states), so that they can continue with these measures and obtain greater flexibility in the different legal bases of the Schengen Code.
In mid-November, Germany, Austria, Sweden, Denmark, as well as Norway, will no longer be able to extend their controls on the basis of article 29 of the Schengen Code (migration) because the options for extension have now been exhausted.
These countries, together with France, therefore called for the Schengen Code to be reformed, so that it can respond to the different situations they encounter. This first exchange of views was already expected to produce a number of differences on the subject between member states and the Commission on the substance of the regulation proposed but also between the member states themselves. Several member states, with Slovenia at the head of them, do not approve of the wishes demonstrated by their neighbours, in this case, Austria, to extend these border control measures, which have a direct impact on them.
Some countries, like France, believe the Commission proposal itself is inappropriate. It is not so much the maximum duration of the controls that they find unacceptable (up to three years in the draft regulation as opposed to four years as suggested by France and Germany) but the fact that, “a Council recommendation is required and a decision by the College, after just one year”, explained one diplomatic source.
These countries also find another aspect unacceptable: the fact that Frontex and Europol will be involved in the opinion that the Commission will request for validating the prolongation of the borders although “this is not part of their competencies”. Frontex is responsible for external borders and Europol is “not an intelligence agency” and this same source added that there are “no grounds for them speaking on this subject”.
The objective is to reach a political agreement during the December JHA Council. Parliament also has co-decision on this subject.
Asylum. One of the most important subjects on the agenda also includes a point on the on-going reform of the European asylum system. Ministers will take formal note of a progress report for all the texts on the table. These include the Dublin regulation that has not made much progress and the texts on Eurodac, as well as the qualifications directive and the one on EASO, which have moved forward, despite certain differences between the legislators.
On Eurodac, negotiators are therefore undecided about what access the police services should have to asylum seekers’ digital prints. The objective is still, however, reaching an agreement before the end of the year.
The prevailing logic is the one that underpins the “package” and there has to be progress in the work on the Dublin regulation if they are going to be able to finalise reform. On this last point, several sources have indicated that there has been a change of mind and a new political boost has occurred that could help promote compromise soon on the subject. Certain countries, such as Slovakia, recently demonstrated an openness about the relocation of asylum seekers in 2015 and have taken in a few people.
Nonetheless, according to one source we should not “set our hopes too high” in this regard and at this current juncture the Dublin reform is taking up “too much space” our source added.
Re-settlement of refugees. Another subject on the ministers’ agenda includes: the resettlement of refugees sheltering in countries neighbouring Libya (Niger, Chad and even Sudan and Ethiopia). Ministers will have to say how they intend to respond to the most recent appeal by the European Commission on this subject (see EUROPE 11871).
On Tuesday 10 October, France announced that it would take in 10,000 people over a two-year period, particularly from Niger and Chad. On 27 September, on the basis of an appeal to resettle 50,000 people in total, member states freed up 14,000 places.
On Friday morning, some ministers from the countries most affected by terrorism met up for a working breakfast specially focusing on this phenomenon. This customary exercise began in 2015 in the wake of the terrorist attacks that occurred on European soil. (Original version in French by Solenn Paulic)