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