Communication from the Commission to the European Parliament and the Council – Biannual report on the functioning of the Schengen area 1 November 2011 – 30 April 2012

The right to free movement of persons is a cornerstone of the European Union and the Schengen area without internal border control is one of the most valued achievements of EU integration. The Schengen cooperation was established on the initiative of five EU countries – Belgium, France, Germany, Luxembourg and the Netherlands – through an agreement of 1985 and an implementing convention of 1990, both signed in the Luxembourg town of Schengen. In 1995, border control at internal borders was lifted and in 1997, these agreements were integrated into the framework of the European Union by the Treaty of Amsterdam.

The Schengen Area has grown rapidly. Today it covers an area with 42,673 km of sea and 7,721 km of external land borders, where over 400 million Europeans from 26 European countries can enjoy passport-free travel.

The right to travel within the Schengen area without being subjected to border control is based on the condition that each participating state is fulfilling its obligations according to the Schengen acquis. Therefore, it is essential that the European institutions maintain vigilance over the functioning of the Schengen area and are ready to respond to any challenges it faces.

Against this background, the Commission in its Communication 'Schengen governance – strengthening the area without internal border control' of 16 September 2011 announced its intention to present a biannual overview to the European Union institutions on the functioning of Schengen. The Council on 8 March 2012 welcomed the Commission's intention to present regular reports to the European Parliament and to the Council on the functioning of the Schengen cooperation.

The purpose of these reports is to provide the basis for a regular debate in the European Parliament and in the Council and so to contribute to the strengthening of political guidance and cooperation in the Schengen area.

This first report covers the period 1 November 2011 - 30 April 2012 and complements the measures proposed in the Commission legislative proposals on Schengen governance, which are currently being discussed with the European Parliament and the Council. The report focuses on the functioning of the Schengen area, leaving aside other issues that may be related to the area of freedom, security and justice, but do not concern the core issue at hand, and issues that are dealt with in parallel in other documents.

These issues include the Commission proposal on Eurosur and the Commission proposal introducing a visa safeguard clause as well as questions dealt with in the Communication on the Global Approach to Migration and Mobility and the Annual Report on Migration and Asylum. The biannual report on the functioning of the Schengen cooperation should be understood as part of this broader context.

• Primary Source

EUR-Lex: COM(2012)230: Follow the progress of this document through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2012:230:FIN

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