EC proposes new border force and introduction of border checks for all people entering or exiting Schengen area
In response to the so-called 'migrant crisis' in Europe and the recent terrorist attack in Paris, the European Commission yesterday set out proposals for new measures for managing the EU's external borders and protecting the Schengen area's internal borders.
The Commission is proposing to establish a new European Border and Coast Guard and proposing to introduce systematic checks for all people entering or exiting the Schengen area.
European Commission First Vice-President Frans Timmermans said: "In an area of free movement without internal borders, managing Europe's external borders must be a shared responsibility. The crisis has exposed clear weaknesses and gaps in existing mechanisms aimed at making sure that EU standards are upheld. Therefore, it is now time to move to a truly integrated system of border management. The European Border and Coast Guard will bring together a reinforced Agency, with the ability to draw on a reserve pool of people and equipment, and the Member States' authorities, who will continue to exercise day-to-day border management. The system we propose will allow for an identification of any weaknesses in real time so that they can be remedied quickly, also improving our collective ability to deal effectively with crisis situations where a section of the external border is placed under strong pressure."
The proposal for a regulation establishing a European Border and Coast Guard is available here and the proposal for a regulation on a targeted modification of the Schengen Borders Code is here. A general fact sheet providing a useful overview of yesterday's proposals can be read here.
A European Commission press release says that the new European Border and Coast Guard will have:
• A rapid reserve pool of border guards and technical equipment: The Agency will be able to draw on at least 1,500 experts that can be deployed in under 3 days. For the first time the Agency will be able to acquire equipment itself and to draw on a pool of technical equipment provided by the Member States. There will no longer be shortages of staff or equipment for European border operations. The new Agency's human resources will more than double that of Frontex, to reach 1,000 permanent staff, including field operatives, by 2020.
• A monitoring and supervisory role: A monitoring and risk analysis centre will be established to monitor migratory flows towards and within the European Union and to carry out risk analysis and mandatory vulnerability assessments to identify and address weak spots. Liaison officers will be seconded to Member States to ensure presence on the ground where the borders are at risk. The Agency will be able to assess the operational capacity, technical equipment and resources of Member States to face challenges at their external borders and require Member States to take measures to address the situation within a set time-limit in case of vulnerabilities.
• The right to intervene: Member States can request joint operations and rapid border interventions, and deployment of the European Border and Coast Guard Teams to support these.Where deficiencies persist or where a Member State is under significant migratory pressure putting in peril the Schengen areaand national action is not forthcoming or not enough, the Commission will be able to adopt an implementing decision determining that the situation at a particular section of the external borders requires urgent action at European level.This will allow the Agency to step in and deploy European Border and Coast Guard Teams to ensure that action is taken on the ground even when a Member State is unable or unwilling to take the necessary measures.
• Coast Guard surveillance: National coastguards will be part of the European Border and Coast Guard to the extent that they carry out border control tasks. The mandates of the European Fisheries Control Agency and the European Maritime Safety Agency will be aligned to the new European Border and Coast Guard. The three Agencies will be able to launch joint surveillance operations, for instance by jointly operating Remotely Piloted Aircraft Systems (drones) in the Mediterranean Sea.
• A mandate to work in third countries: The Agency will have a new mandate to send liaison officers to and launch joint operations with neighbouring third countries, including operating on their territory.
• A stronger role in returns: A European Return Office will be established within the Agency to allow for the deployment of European Return Intervention Teams composed of escorts, monitors and return specialists who will work to effectively return illegally staying third country nationals. A standard European travel document for return will ensure a wider acceptance of returnees by third countries.
• Guaranteeing Internal Security: The Agency will include cross-border crime and terrorism in its risk analysisand cooperate with other Union agencies and international organisations on the prevention of terrorism, in full respect of fundamental rights.
The press release adds: "To increase security within the Schengen area, the Commission is proposing a targeted modification of the Schengen Borders Code to introduce mandatory systematic checks of EU citizens at external land, sea, and air borders. Obligatory checks on EU citizens will be introduced against databases such as the Schengen Information System, the Interpol Stolen and Lost Travel Documents Database and relevant national systems, in order to verify that persons arriving do not represent a threat to public order and internal security. The proposal also reinforces the need to verify the biometric identifiers in the passports of EU citizens in case of doubts on the authenticity of the passport or on the legitimacy of the holder. Checks will now also be mandatory when exiting the European Union."
Reuters notes that the Commission's proposals must still overcome concerns within individual EU Member States, with Greek MP Notis Marias saying: "The proposal means bringing in through the back door infringements on our sovereignty … We won't go for this at all."