# C_2016120EN.01000401.xml

| 5.4.2016 | EN | Official Journal of the European Union | C 120/4 |
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5.4.2016

EN

Official Journal of the European Union

C 120/4

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Resolution on the Threats to the EU’s Schengen Border-free Area

(2016/C 120/02)

THE EUROPEAN COMMITTEE OF THE REGIONS,

| — | having regard to the ongoing extraordinary migration situation; |
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having regard to the ongoing extraordinary migration situation;

| — | having regard to the aim, enshrined in Articles 3 TEU and 67 TFEU, of offering EU citizens an area of freedom, security and justice without internal frontiers; |
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having regard to the aim, enshrined in Articles 3 TEU and 67 TFEU, of offering EU citizens an area of freedom, security and justice without internal frontiers;

| — | having regard to Article 18 of the EU Charter of Fundamental Rights guaranteeing the right to asylum, as well as the relevant national and international obligations of the EU Member States; |
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having regard to Article 18 of the EU Charter of Fundamental Rights guaranteeing the right to asylum, as well as the relevant national and international obligations of the EU Member States;

| 1. | recalls that the Schengen Agreement on the Free Movement of Persons, currently comprising 26 countries, of which 22 are EU Member States, represents one of the most successful pillars in the construction of the European Union. The Schengen Agreement as incorporated into the EU Treaties is inextricably linked to the Single Market and is a crucial element of the four freedoms of movement — of goods, services, persons and capital — within the European Union; |
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1.

recalls that the Schengen Agreement on the Free Movement of Persons, currently comprising 26 countries, of which 22 are EU Member States, represents one of the most successful pillars in the construction of the European Union. The Schengen Agreement as incorporated into the EU Treaties is inextricably linked to the Single Market and is a crucial element of the four freedoms of movement — of goods, services, persons and capital — within the European Union;

| 2. | points out that the freedoms of movement and the abolition of internal frontiers are key achievements of European integration which not only have an important economic, social and territorial impact, but also have significant symbolic value for the EU and its citizens as they are directly linked to the project of an ever closer union among the peoples of Europe; |
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2.

points out that the freedoms of movement and the abolition of internal frontiers are key achievements of European integration which not only have an important economic, social and territorial impact, but also have significant symbolic value for the EU and its citizens as they are directly linked to the project of an ever closer union among the peoples of Europe;

| 3. | stresses that open internal borders are the backbone of the European economy. Considering that trade among the EU Member States is worth EUR 2 800 billion, involves 1,7 million cross-border workers and 57 million annual cross-border road transport movements, the CoR underlines that changing the conditions for mobility and exchanges within the Schengen area would have very significant consequences for employment and investments in many European countries; underlines that an EU area of freedom, security and justice without internal borders is dependent on the appropriate and joint protection of the area’s external borders; |
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3.

stresses that open internal borders are the backbone of the European economy. Considering that trade among the EU Member States is worth EUR 2 800 billion, involves 1,7 million cross-border workers and 57 million annual cross-border road transport movements, the CoR underlines that changing the conditions for mobility and exchanges within the Schengen area would have very significant consequences for employment and investments in many European countries; underlines that an EU area of freedom, security and justice without internal borders is dependent on the appropriate and joint protection of the area’s external borders;

| 4. | emphasises that local and regional authorities all over the European Union benefit from the absence of internal borders in terms of economic development, social and cultural exchanges, cross-border cooperation and particularly the implementation of European Territorial Cooperation programmes and the European Groupings of Territorial Cooperation; |
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4.

emphasises that local and regional authorities all over the European Union benefit from the absence of internal borders in terms of economic development, social and cultural exchanges, cross-border cooperation and particularly the implementation of European Territorial Cooperation programmes and the European Groupings of Territorial Cooperation;

| 5. | underlines that the use of the limitation clauses in the Schengen Agreement and the resulting restriction on the freedom of movement could have particularly negative consequences for the key objectives of cross-border cooperation projects; |
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5.

underlines that the use of the limitation clauses in the Schengen Agreement and the resulting restriction on the freedom of movement could have particularly negative consequences for the key objectives of cross-border cooperation projects;

| 6. | acknowledges the enormous challenge which the EU and its Member States as well as their regions, cities and municipalities are facing due to the large numbers of refugees in need of international protection, as well as economic migrants seeking irregular entry into the EU; restates the need to make sure that those entering the EU do so legally, and that this involves a strict, quick and efficient registration procedure in respect of the EU Charter of Fundamental Rights, and stresses that more resources should be allocated to secure the EU’s external borders and to ensure that people entering the EU do so in a legally organised way; also notes the need for comprehensive efforts and reforms to ensure that migrants arriving in Europe can begin to work and integrate; stresses that Schengen external border controls must be carried out in a manner that is consistent with the Member States’ international obligations to refugees and the EU Charter of Fundamental Rights, including the rights to human dignity and non-discrimination; |
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6.

acknowledges the enormous challenge which the EU and its Member States as well as their regions, cities and municipalities are facing due to the large numbers of refugees in need of international protection, as well as economic migrants seeking irregular entry into the EU; restates the need to make sure that those entering the EU do so legally, and that this involves a strict, quick and efficient registration procedure in respect of the EU Charter of Fundamental Rights, and stresses that more resources should be allocated to secure the EU’s external borders and to ensure that people entering the EU do so in a legally organised way; also notes the need for comprehensive efforts and reforms to ensure that migrants arriving in Europe can begin to work and integrate; stresses that Schengen external border controls must be carried out in a manner that is consistent with the Member States’ international obligations to refugees and the EU Charter of Fundamental Rights, including the rights to human dignity and non-discrimination;

| 7. | notes that the current problems in the Schengen system are partly the result of the lack of coordination and resources for managing the large numbers of refugees and migrants arriving, the lack of appropriate political messages about entering via legal channels using border crossing points, as well as the insufficient involvement of local and regional authorities; |
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7.

notes that the current problems in the Schengen system are partly the result of the lack of coordination and resources for managing the large numbers of refugees and migrants arriving, the lack of appropriate political messages about entering via legal channels using border crossing points, as well as the insufficient involvement of local and regional authorities;

| 8. | emphasises that protecting the values of the Schengen Agreement and preserving the stability of the Schengen area are top priorities; furthermore, it is necessary to regain control over the EU’s external borders and to reinforce border management capacities; underlines that immediate measures are needed to develop a system in order to track the movement of irregular migrants in the Schengen area, thereby preventing them from disappearing from the authorities; notes that the process of returning asylum seekers whose applications have been rejected and readmitting them to their country of origin should be accelerated; |
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8.

emphasises that protecting the values of the Schengen Agreement and preserving the stability of the Schengen area are top priorities; furthermore, it is necessary to regain control over the EU’s external borders and to reinforce border management capacities; underlines that immediate measures are needed to develop a system in order to track the movement of irregular migrants in the Schengen area, thereby preventing them from disappearing from the authorities; notes that the process of returning asylum seekers whose applications have been rejected and readmitting them to their country of origin should be accelerated;

| 9. | stresses that this challenge requires joint solutions based on mutual cooperation between all levels of governance, as uncoordinated policy responses have serious effects on other Member States and their regions and cities, exacerbating the overall problems and undermining citizens’ confidence, which has already been sorely tested; stresses in this context that blaming individual countries or institutions for the current situation and threatening members of the Schengen area with exclusion will not contribute to a lasting solution and could constitute a dangerous precedent with extremely harmful consequences in the long run for the European project; notes also that the exclusion of a Member State is not currently provided for in the Schengen Agreement; |
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9.

stresses that this challenge requires joint solutions based on mutual cooperation between all levels of governance, as uncoordinated policy responses have serious effects on other Member States and their regions and cities, exacerbating the overall problems and undermining citizens’ confidence, which has already been sorely tested; stresses in this context that blaming individual countries or institutions for the current situation and threatening members of the Schengen area with exclusion will not contribute to a lasting solution and could constitute a dangerous precedent with extremely harmful consequences in the long run for the European project; notes also that the exclusion of a Member State is not currently provided for in the Schengen Agreement;

| 10. | expresses deep concern about the ongoing difficulties in enforcing jointly agreed rules under the EU Treaties in terms of external border protection, enhanced measures to prevent and combat illegal migration and trafficking of human beings, effective return policies, common standards for the reception and registration of refugees and asylum seekers, and the implementation of a common migration policy; |
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10.

expresses deep concern about the ongoing difficulties in enforcing jointly agreed rules under the EU Treaties in terms of external border protection, enhanced measures to prevent and combat illegal migration and trafficking of human beings, effective return policies, common standards for the reception and registration of refugees and asylum seekers, and the implementation of a common migration policy;

| 11. | is convinced that jeopardising Schengen’s political, economic and social success by permanently reintroducing border controls cannot be the answer to EU citizens’ requests for more security and the protection of their standard of living; at the same time, considers it crucially important to provide citizens with immediate, practical and responsible responses; |
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11.

is convinced that jeopardising Schengen’s political, economic and social success by permanently reintroducing border controls cannot be the answer to EU citizens’ requests for more security and the protection of their standard of living; at the same time, considers it crucially important to provide citizens with immediate, practical and responsible responses;

| 12. | calls, therefore, on the EU Member States, as well as the EU institutions, to swiftly adopt a constructive attitude, to avoid the temptation of promising simplistic solutions and to carefully analyse the risks and benefits of any proposals; insists that working together closely with local and regional authorities and explaining to citizens the implications of reintroducing borders on their daily lives are of crucial importance, in order to re-establish the credibility of the European Union in this moment of crisis; points out in this context that temporary border controls cannot be prolonged indefinitely according to the clearly defined conditions set out in the Schengen Border Code (SBC), and that their extension for a maximum of 2 years is only possible in exceptional circumstances where the functioning of the area without internal borders is put at risk by persistent serious deficiencies in external borders controls; |
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12.

calls, therefore, on the EU Member States, as well as the EU institutions, to swiftly adopt a constructive attitude, to avoid the temptation of promising simplistic solutions and to carefully analyse the risks and benefits of any proposals; insists that working together closely with local and regional authorities and explaining to citizens the implications of reintroducing borders on their daily lives are of crucial importance, in order to re-establish the credibility of the European Union in this moment of crisis; points out in this context that temporary border controls cannot be prolonged indefinitely according to the clearly defined conditions set out in the Schengen Border Code (SBC), and that their extension for a maximum of 2 years is only possible in exceptional circumstances where the functioning of the area without internal borders is put at risk by persistent serious deficiencies in external borders controls;

| 13. | stresses that it is urgently necessary to develop a common, sustainable and ambitious European approach to managing Europe’s external borders, in particular by setting up hot-spots in third countries, in order to preserve the security of the internal Schengen area, ensure free movement and prevent a serious crisis of credibility for the EU; calls, therefore, on all parties involved to develop clear roadmaps and timelines for both short and long-term solutions, whilst stressing the need to establish what shared responsibility and solidarity-based measures entail, taking account of the expectations, needs and integration capabilities of different countries, regions and local authorities, as well as of the migrants; |
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13.

stresses that it is urgently necessary to develop a common, sustainable and ambitious European approach to managing Europe’s external borders, in particular by setting up hot-spots in third countries, in order to preserve the security of the internal Schengen area, ensure free movement and prevent a serious crisis of credibility for the EU; calls, therefore, on all parties involved to develop clear roadmaps and timelines for both short and long-term solutions, whilst stressing the need to establish what shared responsibility and solidarity-based measures entail, taking account of the expectations, needs and integration capabilities of different countries, regions and local authorities, as well as of the migrants;

| 14. | supports in this context the establishment of a common EU list of safe countries of origin, which would allow for the fast-tracking of asylum applications from citizens of countries that are considered ‘safe’ according to the criteria set out in the Asylum Procedures Directive and in full compliance with the principle of non-refoulement, instead of having uncoordinated national lists, which risk leading to a race to the bottom in terms of the lowest recognition rates; |
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14.

supports in this context the establishment of a common EU list of safe countries of origin, which would allow for the fast-tracking of asylum applications from citizens of countries that are considered ‘safe’ according to the criteria set out in the Asylum Procedures Directive and in full compliance with the principle of non-refoulement, instead of having uncoordinated national lists, which risk leading to a race to the bottom in terms of the lowest recognition rates;

| 15. | instructs the President to forward this resolution to the European Commission, the European Parliament, the Council and the President of the European Council. |
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15.

instructs the President to forward this resolution to the European Commission, the European Parliament, the Council and the President of the European Council.

Brussels, 11 February 2016.

The President of the European Committee of the Regions

Markku MARKKULA

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