EU plans to overhaul the Schengen Area

• The European Commission has presented a new strategy to strengthen the Schengen Area. The proposal aims to address issues identified in the pandemic and other challenges that the area has faced.
• The Strategy focuses on three main key areas. By modernizing and reforming Schengen, the Commission hopes to protect it.
• First State of Schengen Report released in May 2022, tracking progress and identifying priorities.

The EU intends to redesign the Schengen Area’s passport-free borders.

The European Commission proposed renewing “one of the most significant achievements of European integration” in a new strategy released on June 2, 2021. To compensate for the lack of internal border checks, external border management must be improved.

On November 30th, 2020, the first Schengen Forum was held. It was an important gathering “towards a stronger and more resilient Schengen Area.” The event was attended by interior ministers from across the EU, as well as EC President Ursula von der Leyen, EC Vice-President Margaritis Schinas, and Commissioner for Home Affairs Ylva Johansson.

The Schengen strategy presented is a continuation of the various topics discussed at this event.

THE SCHENGEN AREA: A PILLAR OF EU COOPERATION

Over 420 million people are free to move across 26 countries thanks to the elimination of internal border controls between Schengen members 35 years ago.

The right to move freely is critical to Europe’s recovery from the coronavirus pandemic. However, there are ongoing security and illegal immigration concerns.

MAINTAIN THE BENEFITS OF THE SCHENGEN BORDER-FREE ZONE

The European Commission’s Schengen Strategy, which was presented on June 2, 2021, addresses the issues that have plagued Schengen Area policy in recent years.

“The freedom to move, live, and work in different Member States is a freedom Europeans hold dear,” said European Commission President Ursula von der Leyen.

“Today, we are presenting a way forward that ensures Schengen can withstand the test of time, one that will ensure the free flow of people, goods, and services whatever the circumstances to rebuild our economies and for us to emerge stronger together,” she said, acknowledging that challenges demonstrated that Schengen cannot be taken for granted.

EU SCHENGEN STRATEGY OVERVIEW

Margaritis Schinas, Vice-President of the European Commission, stated during the presentation of the Strategy that “Schengen is more than just borders.” It is cooperation, it is a common visa policy, and it hopes to have a common system to care for asylum seekers in the future, according to the EU leader.

Schinas discussed the proposal’s pillars, which include:

EFFECTIVE MANAGEMENT OF THE EU’S EXTERNAL BORDERS

The EU will accomplish this by:

• Making information systems for border and migration management interoperable
• Making visa and travel documents digital
• ETIAS implementation
• Rolling out the European Border and Coast Guard standing corps
• Adopting a New Pact on Migration and Asylum that proposes screening people who cross without authorisation.

STRENGTHENING INTERNAL SCHENGEN MEASURES

The Commission proposes the following measures to prevent and combat security threats:

• An EU Police Cooperation Code
• Upgrade to Prüm framework to exchange DNA information, fingerprints and vehicle registration
• Expanding the use of advanced passenger information to intra-Schengen flights.

ENSURING ROBUST PREPAREDNESS AND GOVERNANCE

The European Commission proposes regular Schengen Forums to discuss and address common issues in the Strategy.

IMPORTANCE OF INTEROPERABILITY FOR SCHENGEN

Throughout 2021, the Entry/Exit System (EES) was tested. The EES is expected to be fully operational by the second half of 2023.

ETIAS is expected to be operational in November 2023. Furthermore, the revised Schengen Information System (SIS) and the revised Visa Information System are being implemented.

EUROPEAN SYSTEMS CONNECTED FOR GREATER EFFICIENCY AND SECURITY

“Interoperability will connect all European systems for borders, migration, security, and justice, and will ensure that all these systems ‘talk’ to each other, that no check is missed due to disconnected information, and that national authorities have the complete, reliable, and accurate information needed,” according to the new Schengen Strategy.

All of these systems will collaborate to ensure that authorities are aware of who is crossing European borders. Data will be cross-checked, and potential threats will be easily identified. This will help to make the Schengen Area safer.

In terms of governance, Schinas stated, “What we need is to prepare the governance of the entire Schengen area to face and address these challenges, to secure our citizens while also having free movement.”

FIRST SCHENGEN FORUM TO CREATE A MORE RESILIENT EUROPEAN UNION

The first Schengen Forum, held in 2020, addressed five major issues concerning the European free-movement zone:

• Operational and legislative changes that improve the zone’s monitoring and identification mechanisms
• Revision of the Schengen Borders Code (see below) to improve current rules to enter the area without compromising the freedom of movement except as a “measure of last resort and for a limited period of time”
• Better management of EU’s external borders through the introduction of the upcoming ETIAS visa waiver application process, which is deemed “crucial to give border guards the information they need to know who is crossing” the European borders
• Strengthening of police cooperation and information exchange, which includes police checks, use of new technologies, joint investigation teams and cross-border hot pursuits or joint threat analysis
• Regular Schengen Forum meetings to coordinate new efforts taken by both the European Commission and the EU Member States

During the meeting, Johansson stated, “Schengen can be our lifeline when it comes to Europe’s post-coronavirus economic recovery.” Schinas emphasised the area’s importance over the years: “For the last 35 years, we have built an entire Schengen architecture to better protect the area without controls at internal borders.” And in the future, we must continue to build on and improve that architecture.”

In response to recent travel restrictions in the EU, Von der Leyen stated, “the first months of the pandemic showed us what happens when Schengen stops functioning: Europe grinds to a halt.” It may appear paradoxical, but this experience has made me very optimistic about Schengen’s future.”

REVISION OF THE SCHENGEN BORDERS CODE

On December 14, 2021, the Commission proposed amending the Schengen Border Code, which governs cross-border movement of people.

The following are some key elements of the proposal:

• Coordination mechanism to deal with health threats e.g. temporary travel restrictions
• Mechanism to provide a common response at internal borders in the face of a threat affecting a majority of member states
• Updated procedural safeguards in case of the reintroduction of internal borders
• Address unauthorised movement in the Schengen Area

The proposal is consistent with the topics discussed at the 2020 Schengen Forum.

ENHANCED SCHENGEN AREA EVALUATION MECHANISM

According to the most recent Schengen reform news, the council has adopted a general approach to an enhanced evaluation mechanism.

The evaluation and monitoring mechanism will enable objective and impartial assessments. Any flaws in the application of Schengen Area policy will be identified and corrected as soon as possible.

Unannounced evaluations of the application of the Schengen acquis at internal borders are permitted under the new rules. Because of faster evaluation processes, identifying and responding to deficiencies will be faster.

EU COUNTRIES AGREE TO REGULAR MINISTERIAL MEETINGS

On February 3, 2022, EU member states agreed to hold regular ministerial meetings to strengthen the political management of the Schengen Area.

The ‘Schengen Council,’ as French President Emmanuel Macron has dubbed it, will assess how the area is functioning and make coordinated decisions in times of crisis.

Following terrorist attacks in France, Macron has previously called for “deep reform” of external Schengen borders.

With the implementation of the ETIAS watchlist and electronic authorisation, the EU is taking steps to combat terrorism and security threats. All visa-free travellers will be required to pre-register online before travelling to Europe.

New meetings will aid in the coordination of the Schengen plan and the implementation of changes.

HOW SCHENGEN INTERNAL CONTROLS CURRENTLY WORK

People of all nationalities are free to cross an internal Schengen border without being stopped.

National authorities, on the other hand, have the authority to conduct police checks at internal borders. These checks must not be considered border controls, as defined by the Schengen Borders Code.

INTERNAL SCHENGEN BORDER CONTROLS MAY BE TEMPORARILY REINTRODUCED

Internal borders may be reintroduced temporarily in the event of a serious threat to internal security or public policy.

Since 2006, countries in the European Union and the Schengen Area have used internal border controls. They were most recently used in response to COVID-19, and the majority of them have since been lifted.

WHEN THE SCHENGEN OVERHAUL WOULD HAPPEN

The review and maintenance of Schengen border policy is a continuous process.

Following the recent overhaul of EU asylum and migration policies, European Commission President Von der Leyen announced in September 2020 that she would soon propose a new strategy for the future of the Schengen Area.

The Strategy was presented by the Commission ahead of schedule. Vice-President Schinas and Commissioner Ylva Johansson stated during the June 2021 press conference that they are working on a new pack for migration and asylum that “will help us with alternatives in border management and in reducing the potential risks of secondary movements […] within our borders.”

The COVID-19 movement restrictions imposed by EU states were taken into account when developing the strategy proposal.

The European Union’s border guard agency (Frontex) standing corp began operations in 2021 and will grow to 10,000 officers by 2027.

HOW THE SCHENGEN REFORM WILL AFFECT BORDER SECURITY

The European Commission has yet to demonstrate that EU border controls have improved security within the Schengen Area, claiming that no hard evidence has been provided by member states.

While some argue that internal border controls must be maintained, Schinas stated, “I think Schengen works, and we don’t need a fundamental shake-up of something that works, we need targeted revisions, targeted reforms.”

Among these reforms is the above-mentioned revision of the Schengen border code.

Previously, an organisation spokesperson stated that internal Schengen border controls “must remain exceptional,” and that they should be “a measure of last resort in the event that a serious threat to public policy or internal security has been established.”

The European Commission is already planning to increase external Schengen security by implementing the ETIAS visa waiver; however, extreme internal border controls are unlikely to be implemented.

FIRST STATE OF SCHENGEN REPORT RELEASED

The European Commission has released the Schengen State of the Union Report 2022. This is the first report issued since the announcement of the Schengen Strategy for 2021. The annual report tracks progress and establishes priorities for the coming year.

Commissioner for Home Affairs Ylva Johansson stated in a news release, “We will continue to work hard together to deliver on the priorities set out in the State of Schengen Report, and to steer the European Border and Coast Guard to work in a more effective and integrated manner.”

In addition, the Commission released a Policy Document launching a consultation with the European Parliament and Council on the future of border management.

STATE OF SCHENGEN REPORT AND ANNUAL SCHENGEN CYCLE

The State of Schengen Report 2022 marks the beginning of a new Schengen cycle. This ‘health check’ assists in identifying problems early and taking appropriate action.

The study served as the starting point for talks in the Schengen Forum and Council.

SCHENGEN PRIORITIES FOR 2022-2023

The State of Schengen report outlined the following priorities for the coming year:

• Implementation IT architecture for border management
• Take full advantage of cross-border cooperation tools
• Make sure checks are systematically carried out at external borders
• Remove all internal Schengen border controls
• Implement revised Schengen borders code
• Make sure Frontex reaches the potential from its mandate

COMPLETING THE SCHENGEN AREA

The study also mentioned the necessity for the Council to take a decision allowing Croatia, Romania, and Bulgaria to join the Schengen Area, as well as Cyprus once the Schengen evaluation is completed. This would bring the Schengen Area to a close.