EUROMED Migration III project 5-8.02.2013 Warsaw „SCHENGEN EVALUATION PROCESS”

1. EUROMED Migration III project 5-8.02.2013 Warsaw „SCHENGEN EVALUATION PROCESS”

2. How and why the Schengen evaluation was established? • The founding treaties of the European community did not provide for a cooperation in justice and home affairs • Although the free and unrestricted movement of persons between Member States is considered one of the prerequisites for the functioning of the internal market, there was no legal base for it • The objective to create an internal market without frontiers and border controls logically imposed the need that Member States formalize their cooperation also in the field of justice and home affairs. • This approach was also recognized as the only way to combat phenomena increasingly endangering internal security (i.e. terrorism, illegal migration and organized crime).

3. How and why the Schengen evaluation was established? The Schengen Agreement and the Convention implementing the Schengen Agreement (CISA) addressed the question of cooperation in justice and home affairs similarly They also provided for the establishment of the Executive Committee, which, besides ensuring the correct application, was also charged with the task of taking all further decisinos for its implementation They also initiated the evaluation-process (SCH/Com-ex (98)26def.)

4. What is Schengen evaluation and the mandate. DECISION OF THE EXECUTIVE COMMITTEE of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (SCH/ Com-ex (98)26 def.) I mandate: to prepare the reports to serve as a basis for establishing that all the preconditions for bringing the Schengen Convention into force in a candidate State have been satisfied. In these cases it shall be called the "Evaluation Committee", and shall be in charge of evaluating how well these States are prepared; II mandate: to lay the foundations so that the Executive Committee can ensure the proper application of the Convention in the States already implementing the Convention with a view to optimising its application and cooperation between the Schengen partners. First, it has to find solutions to problems encountered since the bringing into force of the Convention and make proposals on improving controls in accordance with the objectives set and the spirit of the Convention. Here, it shall be called the "Implementation Committee".

5. Areas of Schengen Evaluation: 1. Borders: a). Land border b). Air borders c). Sea borders 2. Police Cooperation 3. Visa 4. SIS/SIRENE 5. Data Protection

6. Schengen Evaluations – main actors • The Working Party on Schengen Matters (Schengen evaluation) • The evaluation-team composed of: • Lead-expert • MS experts • European Commission • General Secretariat of the Council • Host country • The Presidency • European Commission • The General Secretariat of the Council • The host country

7. The main elements of the evaluation process • Planning • Preparation • Carrying out evaluation visits • Reporting • Preparation and adoption of conclusions • Follow-up

8. Some important issues • It is a mechanism that builds trust between the Member States • The basic motto is: „Strict, fair and friendly“, • It is a regular process: all Schengen states applying for accession to Schengen and also all countries already applying Schengen in full must be evaluated • Catalogue of Best practices and recommendations in all fields of evaluation • It is a process under permanent development

9. Future of evaluation? Currently, a New Schengen Mechanism is being discussed on the EU level „Draft proposal for a Regulation of the European Parliament and of the Council on the establishment of an evaluation mechanism to verify application of the Schengenacquis” What arethemain changes discussed?

10. History of Schengen enlargement: • 14 June 1985:BE, DE, FR, LU and NL signthe Schengen Agreement. • 19 June 1990:the original foundersofthe Schengen cooperationsigntheConventionimplementingthe Schengen Agreement (Schengen Convention). • 26 March 1995:abolition ofbordercontrolbetween BE, DE, FR, LU, NL, ES, PT • 26 October 1997:start of gradual abolitionofbordercontrolwith IT (completed on 31 March 1998). • 01 December 1997:start of gradual abolitionofbordercontrolwith AT (completed on 31 March 1998). • 01 March 2000:abolition ofbordercontrolwith EL (completed on 26 March 2000). • 25 March 2001:abolition ofbordercontrolwith NO, IS, SE, DK, FI • 21 December 2007:abolition ofcontroloflandandseaborderswith CZ, EE, HU, LV, LT, MT, PL, SK and SL (borderchecks on intra-Schengen flightsatairportsabolished on 30 March 2008). • 12 December 2008:abolition ofbordercontrolatlandborderswith CH (borderchecks on intra-Schengen flightsatairportsbeingabolished on 29 March 2009) • 19 December 2011: abolitionofbordercontrolatlandborderswith LI • 2013 orwhen? Romania and Bulgaria

11. Thank you for your attention 2nd Lt Marcin Dróżdż CounsellorInternational Co-operation BureauBorder Guard HQRepublic of Poland phone: +48 22 500 48 47 e-mail: marcin.drozdz@strazgraniczna.pl