Report from the Commission to the European Parliament and the Council on the application of Council Implementing Decision of 12 May 2016 setting out a Recommendation for temporary internal border control in exceptional circumstances putting the overall functioning of the Schengen area at risk

On 12 May 2016, the Council adopted, on the basis of a Commission proposal, an Implementing Decision setting out a Recommendation for temporary internal border control in exceptional circumstances putting the overall functioning of the Schengen area at risk. It is the first time that the specific safeguard procedure of Article 29 of Regulation (EU) 2016/399 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) has been used.

This Recommendation is addressed to the five Schengen Member States (Austria, Germany, Denmark, Sweden and Norway) most affected by the flows of irregular migrants coming from Greece in the context of the unprecedented migratory and refugee crisis that started in 2015. It authorised these five Schengen Member States to maintain proportionate temporary border controls at specific sections of their internal borders for a maximum period of six months as from the day of adoption of the Recommendation.

The reintroduced border control under the Recommendation must be targeted and limited in scope, frequency, location and time, to what is strictly necessary to respond to the serious threat and to safeguard public policy and internal security. The necessity, frequency, location and time of controls must be regularly reviewed, and if necessary adjusted, by the Schengen Member States concerned. The Schengen Member States carrying out controls should report to the Commission every two months in line with the Recommendation.

The present report contains the findings of the Commission after monitoring the manner in which the current temporary internal border controls are carried out, as foreseen by the Council Recommendation. It focuses on whether, as recommended, the reintroduced internal border controls by the above Schengen Member States have been limited to what is strictly necessary and proportionate in light of the serious threat to public policy and internal security posed by the persistent risk of secondary movements of irregular migrants entering via Greece and who might move to other Schengen Member States. It also analyses whether the circumstances have changed so as to require an adaptation of the Council Recommendation.

This report does not prejudge the decision, at the expiry of the six months period foreseen by the Recommendation, whether to recommend prolonging or not the current temporary internal border controls.

ESO: Background information: Delivering on migration and border management: Commission reports on progress made under the European Agenda on Migration, September 2016 http://www.europeansources.info/record/delivering-on-migration-and-border-management-commission-reports-on-progress-made-under-the-european-agenda-on-migration/

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