# C_2023161EN.01005301.xml

| 5.5.2023 | EN | Official Journal of the European Union | C 161/53 |
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5.5.2023

EN

Official Journal of the European Union

C 161/53

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P9_TA(2022)0385

Full application of the provisions of the Schengen acquis in Croatia

European Parliament legislative resolution of 10 November 2022 on the draft Council decision on the full application of the provisions of the Schengen acquis in the Republic of Croatia (10624/2022 — C9-0222/2022 — 2022/0806(NLE))

(Consultation)

(2023/C 161/12)

The European Parliament,

| — | having regard to the Council draft (10624/2022), |
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having regard to the Council draft (10624/2022),

| — | having regard to Article 4(2) of the 2012 Act of Accession pursuant to which the Council consulted Parliament (C9-0222/2022), |
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having regard to Article 4(2) of the 2012 Act of Accession pursuant to which the Council consulted Parliament (C9-0222/2022),

| — | having regard to the Commission’s communication of 22 October 2019 on the verification of the full application of the Schengen acquis by Croatia (COM(2019)0497), |
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having regard to the Commission’s communication of 22 October 2019 on the verification of the full application of the Schengen acquis by Croatia (COM(2019)0497),

| — | having regard to the Council conclusions of 9 December 2021 on the fulfilment of the necessary conditions for the full application of the Schengen acquis in Croatia (14883/21), |
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having regard to the Council conclusions of 9 December 2021 on the fulfilment of the necessary conditions for the full application of the Schengen acquis in Croatia (14883/21),

| — | having regard to Article 67 of the Treaty on the Functioning of the European Union (TFEU), which establishes an area of freedom, security and justice and which provides that the Union is to ensure the absence of internal border controls for persons, |
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having regard to Article 67 of the Treaty on the Functioning of the European Union (TFEU), which establishes an area of freedom, security and justice and which provides that the Union is to ensure the absence of internal border controls for persons,

| — | having regard to Article 21(1) TFEU and Article 45 of the Charter of Fundamental Rights of the European Union, which ensure the right of citizens to move and reside freely within the territory of the Member States, |
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having regard to Article 21(1) TFEU and Article 45 of the Charter of Fundamental Rights of the European Union, which ensure the right of citizens to move and reside freely within the territory of the Member States,

| — | having regard to its resolutions of 8 July 2021 (1) and 30 May 2018 (2) on the Annual Reports on the functioning of the Schengen area as well as its resolutions of 11 December 2018 (3), of 13 October 2011 (4) and of 8 June 2011 (5) on the Schengen enlargement process, |
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having regard to its resolutions of 8 July 2021 (1) and 30 May 2018 (2) on the Annual Reports on the functioning of the Schengen area as well as its resolutions of 11 December 2018 (3), of 13 October 2011 (4) and of 8 June 2011 (5) on the Schengen enlargement process,

| — | having regard to the judgment of the European Court of Human Rights in the case of M. H and others v. Croatia (15670/18 and 43115/18) of 18 November 2021, |
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having regard to the judgment of the European Court of Human Rights in the case of M. H and others v. Croatia (15670/18 and 43115/18) of 18 November 2021,

| — | having regard to the annual report of the Independent mechanism of monitoring the actions of police officers of the Ministry of the Interior of the Republic of Croatia in the area of illegal migration and international protection of July 2022, |
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having regard to the annual report of the Independent mechanism of monitoring the actions of police officers of the Ministry of the Interior of the Republic of Croatia in the area of illegal migration and international protection of July 2022,

| — | having regard to Rule 82 of its Rules of Procedure, |
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having regard to Rule 82 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0264/2022), |
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having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0264/2022),

| 1. | Approves the Council draft as amended; |
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1.

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
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2.

| 3. | Asks the Council to consult Parliament again if it intends to substantially amend its draft; |
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3.

| 4. | Instructs its President to forward its position to the Council and the Commission. |
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4.

Amendment 1

Draft decision

Recital 4

| Council draft | Amendment |
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| (4) | On 22 October 2019, the European Commission published a Communication on the verification of the full application of the Schengen acquis by Croatia (5), concluding that ‘the Commission considers that Croatia has taken the measures needed to ensure that the necessary conditions for the application of all relevant parts of the Schengen acquis are met. Croatia will need to continue working consistently on the implementation of all the ongoing actions, in particular in the field of management of the external borders, to ensure that these conditions continue to be met. The Commission also confirms that Croatia continues to fulfil the commitments linked to the Schengen acquis as undertaken in its accession negotiations’. |

Council draft

Amendment

(4)

On 22 October 2019, the European Commission published a Communication on the verification of the full application of the Schengen acquis by Croatia (5), concluding that ‘the Commission considers that Croatia has taken the measures needed to ensure that the necessary conditions for the application of all relevant parts of the Schengen acquis are met. Croatia will need to continue working consistently on the implementation of all the ongoing actions, in particular in the field of management of the external borders, to ensure that these conditions continue to be met. The Commission also confirms that Croatia continues to fulfil the commitments linked to the Schengen acquis as undertaken in its accession negotiations’.

| (4) | On 22 October 2019, the European Commission published a Communication on the verification of the full application of the Schengen acquis by Croatia (5), concluding that ‘the Commission considers that Croatia has taken the measures needed to ensure that the necessary conditions for the application of all relevant parts of the Schengen acquis are met. Croatia will need to continue working consistently on the implementation of all the ongoing actions, in particular in the field of management of the external borders, to ensure that these conditions continue to be met. The Commission also confirms that Croatia continues to fulfil the commitments linked to the Schengen acquis as undertaken in its accession negotiations’.
  Croatia should inform the European Parliament and the Council in writing by ... [six months following the date of entry into force of this Decision] of follow-up actions undertaken following the action plan in the field of the management of external borders and the implementation of any ongoing actions related thereto, including on the independent mechanism for monitoring the actions of police officers. |
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(4)

On 22 October 2019, the European Commission published a Communication on the verification of the full application of the Schengen acquis by Croatia (5), concluding that ‘the Commission considers that Croatia has taken the measures needed to ensure that the necessary conditions for the application of all relevant parts of the Schengen acquis are met. Croatia will need to continue working consistently on the implementation of all the ongoing actions, in particular in the field of management of the external borders, to ensure that these conditions continue to be met. The Commission also confirms that Croatia continues to fulfil the commitments linked to the Schengen acquis as undertaken in its accession negotiations’.
  Croatia should inform the European Parliament and the Council in writing by ... [six months following the date of entry into force of this Decision] of follow-up actions undertaken following the action plan in the field of the management of external borders and the implementation of any ongoing actions related thereto, including on the independent mechanism for monitoring the actions of police officers.

Amendment 2

Draft decision

Recital 4 a (new)

| Council draft | Amendment |
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| | (4a) | After the entry into force of this Decision, in accordance with Article 13 of Council Regulation (EU) 2022/922, the Commission should, in its annual evaluation programme, include either a periodic or a thematic evaluation of Croatia’s application of the Schengen acquis in the field of management of the external borders, including concerns on fundamental rights situation. In light of reports and allegations of mistreatment and pushbacks of migrants at the borders, this evaluation should include a visit to Croatia, as well as an annual follow up on the re-established independent monitoring mechanism at the external borders. The Commission should make appropriate recommendations for actions aimed at addressing any identified deficiencies and provide clear and regular information about them. |

Council draft

Amendment

(4a)

After the entry into force of this Decision, in accordance with Article 13 of Council Regulation (EU) 2022/922, the Commission should, in its annual evaluation programme, include either a periodic or a thematic evaluation of Croatia’s application of the Schengen acquis in the field of management of the external borders, including concerns on fundamental rights situation. In light of reports and allegations of mistreatment and pushbacks of migrants at the borders, this evaluation should include a visit to Croatia, as well as an annual follow up on the re-established independent monitoring mechanism at the external borders. The Commission should make appropriate recommendations for actions aimed at addressing any identified deficiencies and provide clear and regular information about them.

Amendment 3

Draft decision

Recital 5

| Council draft | Amendment |
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| (5) | On 9 December 2021, the Council concluded that the conditions for the application of all parts of the relevant acquis had been fulfilled by Croatia (6). |

Council draft

Amendment

(5)

On 9 December 2021, the Council concluded that the conditions for the application of all parts of the relevant acquis had been fulfilled by Croatia (6).

| (5) | On 9 December 2021, the Council concluded that the conditions for the application of all parts of the relevant acquis had been fulfilled by Croatia (6)

  and invited Croatia to continue working consistently on the implementation of the Schengen acquis and on commitments linked to the Schengen acquis. |
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(5)

On 9 December 2021, the Council concluded that the conditions for the application of all parts of the relevant acquis had been fulfilled by Croatia (6)

  and invited Croatia to continue working consistently on the implementation of the Schengen acquis and on commitments linked to the Schengen acquis.

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(1)  OJ C 99, 1.3.2022, p. 158.

(2)  OJ C 76, 9.3.2020, p. 106.

(3)  OJ C 388, 13.11.2020, p. 18.

(4)  OJ C 94 E, 3.4.2013, p. 13.

(5)  OJ C 380 E, 11.12.2012, p. 160.

(5)  COM(2019)0497 of 22.10.2019.

(5)  COM(2019)0497 of 22.10.2019.

(6)  ST 14883/21.

(6)  ST 14883/21.

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