On Thursday 3 March, despite the current events in Ukraine, the European Home Affairs Ministers held the first ‘Schengen’ Council, as requested by the French Presidency of the Council of the European Union.
They drew up an inventory of the Schengen area on the basis of a barometer prepared by the Commission, assessing the volumes of irregular arrivals at the EU borders or secondary movements within the EU.
The Ministers also discussed the functions of the Schengen area coordinator, which the Commission will soon be setting up and which will provide input for the Ministers’ work. The aim of this Council is to have political discussions on the problems within the area and to get rid of all technical aspects.
Asked about the war in Ukraine, French Interior Minister Gérald Darmanin said the crisis did not “endanger” the free movement of people area.
Schengen Area Evaluation Mechanism
On Thursday, the ministers also approved the agreement reached the day before at the level of the Member States’ ambassadors to the EU (Coreper) on the reform of the Schengen evaluation mechanism, tabled in June 2021 (see EUROPE 12731/1).
With this adoption in place, the EU Council will now await the opinion of the European Parliament, which is being consulted on this issue, and is expected in mid-April. The reform can then enter into force.
“The proposal aims to improve the efficiency of the Schengen evaluation mechanism, to strengthen its strategic orientation, to simplify and accelerate procedures, to optimise the participation of experts from the Member States and to optimise cooperation with the Union’s bodies and organisations”, says a document from the French Presidency of the EU Council dated 24 February.
“In order to strengthen the effectiveness of the application of the Schengen acquis, this mechanism should be able to detect any significant shortcomings in good time, with a view to remedying them quickly and triggering political discussions at the appropriate level”, the French note adds.
Under the compromise agreed on Wednesday, unannounced visits by the Commission to Member States will be possible in a very limited number of situations, identified in the regulation.
With regard to the adoption of recommendations, it would be for the Council to adopt recommendations in the situations corresponding to the most significant issues: serious shortcomings, first assessments and thematic assessments.
“The revised mechanism will strengthen the Council’s role in the follow-up to assessments, including the approval of the closure of action plans for assessments identifying serious deficiencies and first assessments”, the note says.
Another issue that has remained open in recent weeks is the assessment of those EU countries that are not yet members of Schengen, but for which a decision has been taken on their technical readiness.
“With regard to the specific situation of Member States whose evaluations have been closed since 2011 and for which a Council decision providing for the full application of the provisions of the Schengen acquis has not been taken”, the French Presidency considers that “an ad hoc political solution must be sought, consistent with the main objective of the Schengen evaluation mechanism - i.e. to contribute to the maintenance and development of confidence within the Schengen area”.
The compromise also provides that those Member States for which a decision has been taken that the provisions of the Schengen acquis are to be applied in full, “shall be subject to a periodic evaluation, at the latest one year after the date of effect provided for in that decision”.
Link to the text of the Schengen evaluation mechanism (in French): https://aeur.eu/f/lc (Original version in French by Solenn Paulic)