Proposal for a Council Implementing Decision setting out a Recommendation for prolonging temporary internal border control in exceptional circumstances putting the overall functioning of the Schengen area at risk

In 2015, a number of EU Member States reintroduced temporary border controls, following record flows of migrants arriving in the European Union and important secondary movements. This situation constituted a serious threat to public policy or internal security in several Schengen States.

Threats were due to serious deficiencies in ensuring efficient border control at parts of the Union's external border, which put the functioning of the entire Schengen area at risk. Therefore, the Council recommended, on a proposal from the Commission, that the five Schengen States the most affected (Austria, Germany, Denmark, Sweden and Norway) maintain proportionate temporary border control at a limited number of their internal border sections, for a period of six months.

The triggering of Article 29 of the Schengen Borders Code and the adoption of a coordinated approach at EU level to temporary border controls were among the initiatives envisaged by the Back to Schengen Roadmap, which aimed at creating conditions for lifting all internal border controls and returning to a normally functioning Schengen area as soon as possible.

On 11 November 2016, the Council adopted, on a proposal by the Commission, an Implementing Decision under Article 29 of the Schengen Borders Code setting out a Recommendation for prolonging temporary internal border control in exceptional circumstances putting the overall functioning of the Schengen area at risk. It was considered that the consequences of the exceptional circumstances that led to the triggering of Article 29 still persisted.

Despite the important progress achieved, the conditions set out in the Back to Schengen Roadmap in order to allow lifting all internal border controls and returning to a normally functioning Schengen area are still not entirely fulfilled. In particular, the number of migrants remaining in Greece may be of concern and may justify maintaining appropriate measures. The situation along the Western Balkans route remains fragile and the Member States most affected by the secondary movements of irregular migrants coming from Greece remain exposed to the risk related to the irregular movements.

The Commission considers it justified to allow Austria, Germany, Denmark, Sweden and Norway to prolong the current internal border controls as an exceptional measure for a further proportionate period. Based on the factual indicators available at this stage, the prolongation should not exceed three months. The Commission will continue to work with these Member States to gradually phase out temporary internal border controls.

• Primary Source

EUR-Lex: COM(2017)40: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2017:040:FIN

ESO: Background information: Back to Schengen: Commission proposes that the Council allows Member States to maintain temporary controls for another three months http://www.europeansources.info/record/commission-recommends-extending-temporary-internal-border-controls-for-a-limited-period-of-three-months-2/

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