COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL A European Border and Coast Guard and effective management of Europe's external borders
Date: 2015-12-15
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU office or agency, EU police cooperation, European cooperation, European security, common security and defence policy, external border of the EU, free movement of persons, illegal migration, maritime safety, military cooperation

EN 

   EN 

   EUROPEAN COMMISSION  Strasbourg, 15.12.2015  COM(2015) 673 final   COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL A European Border and Coast Guard and effective management of Europe's external borders  
 
 
I.  

INTRODUCTION 

The creation of the Schengen area of free movement without internal borders is a historic achievement 
and  one  that  remains  emblematic  of  the  European  values  which  tore  down  walls  and  united  a 
continent.  The  speed  with  which  people,  goods  and  services  can  travel  across  the  borders  of  our 
Member States also helps drive our competitiveness as the world's largest economic area, creating jobs 
and growth. However, with the decision to share a common internal area of free movement comes a 
shared responsibility to provide high and consistent standards of border management and security at 
the external borders. Indeed, we can only have a Schengen area without internal borders if its external 
borders are effectively secured and protected. 

Citizens' confidence in our collective ability to manage our common external borders has been put to 
the test by the events of this year and in particular by the unprecedented rise in flows of migrants and 
refugees.  The  crisis  has  exposed  weaknesses  and  gaps  in  existing  border  management  mechanisms, 
which  have  proved  insufficient  to  guarantee  effective  and  integrated  border  management.  Some 
Member  States  have  not  been  able  to  ensure  effective  border  control  and  the  identification  and 
registration of irregular migrants. And the crisis has shown that the limitations of Frontex – inadequate 
resources  in  terms  of  staff  and  equipment,  an  inability  to  initiate  and  carry  out  return  or  border 
management operations and the absence of an explicit role to conduct search and rescue operations – 
have hindered its ability to effectively address and remedy the situation. 

Between January and November 2015, more than 1.5 million illegal border crossings1 were detected, 
representing an all-time peak2 of arrivals in the EU. Third-country nationals have been able to cross 
the external borders of the EU illegally and then continue their journey across the EU, without having 
been  first  identified,  registered  and  subject  to  adequate  security  checks.  The  scale  of  these  huge 
secondary movements of migrants within the EU has fundamentally put into question the coherence of 
the  Schengen  area,  and,  as  a  result,  some  Member  States  have  chosen  to  reintroduce  temporary 
controls  at  their  internal  borders  –  a  situation  that  cannot  and  should  not  endure  in  the  long  term. 
Security concerns following the terrorist attacks of this year, and the phenomenon of foreign terrorist 
fighters, have added to citizens' concerns.  

It has become increasingly clear that the challenges these movements represent cannot be adequately 
dealt with by individual Member States acting in an uncoordinated manner. We need Union standards 
and a unified system of shared responsibility for external border management.  

The  European  Commission's  European  Agenda  on  Migration  of  May  20153 identified  the  need  to 
move  to  a  shared  management  of  the  external  borders,  in  line  with  the  objective  of  the  "gradual 
introduction  of  an  integrated  management  system  for  external  borders"  set  out  in  Article  77  of  the 
Treaty  on  the  Functioning  of  the  European  Union.  In  his  State  of  the  Union  speech  in  September, 
European Commission President Jean-Claude Juncker announced that the Commission would present 
ambitious steps in this respect before the end of the year in the form of a fully operational European 
Border and Coast Guard, as was subsequently confirmed in the 2016 Commission Work Programme4. 

1  

2  

3  

4  

The exact figure for the period January-October is 1 284 549 illegal border crossings. The data is available from Frontex Risk 
Analysis Network (FRAN) and covers the Schengen area including the Schengen candidate countries. It includes the third country 
nationals detected at external borders (except temporary external borders) when entering or attempting to enter illegally between 
the border crossing points (BCPs). For November, the data originates from the Joint Operations Reporting Application (JORA) 
and from the Croatian Ministry of Interior (http://www.mup.hr/219696.aspx); estimates have been used for routes where no data 
was yet available. 

For the period 2009-2014, the total number of detected illegal border crossings was 813 044. 

COM (2015) 240 final. 

COM (2015) 610 final. 

2 

 
                                                 
This  objective  has  also  been  signaled  by  the  European  Parliament 5  and  endorsed  in  the  clear 
orientations set out by the European Council on 23 September and 15 October6.  

This Communication, and the measures which accompany it, provide for a strong and unified policy 
on  the  management  of  the  EU's  external  borders  based  on  the  principle  of  shared  responsibility.  A 
permanent integrated system for border management will ensure the Union and its Member States are 
prepared in face of exceptional situations at the external borders and able to react effectively and in 
time  should  they  arise.  It  will  be  underpinned  by  a  steady  crisis  prevention  mechanism  relying  on 
constant  monitoring  of  the  capacities  of  the  Member  States,  including  through  a  robust  and  regular 
risk analysis.  

The benefits of an area of free movement without internal borders have been shared for many years 
now.  It  is  now  time  to  make  effective  management  of  the  external  borders  a  truly  common 
responsibility.  It  is  time  for  a  decisive  step  towards  an  integrated  management  system  for  external 
borders. 

II. 

THE  EUROPEAN  BORDER  AND  COAST  GUARD  AND  THE  PRINCIPLE  OF  SHARED 
RESPONSIBILITY 

Today  the  Commission  is  proposing  to  establish  a  genuine  European  integrated  border  management 
designed  in  a  way  that  meets  the  new  challenges  and  political  realities  faced  by  the  EU,  both  as 
regards migration and internal security. 

A  European  Border  and  Coast  Guard  will  be  set  up  to  ensure  the  effective  application  of  strong 
common border management standards and to provide for operational support and intervention where 
necessary  to  promptly  respond  to  emerging  crises  at  the  external  border.  The  European  Border  and 
Coast Guard will bring together a European Border and Coast Guard Agency built from Frontex and 
the Member States’ authorities responsible for border management, who will continue to exercise the 
day-to-day  management  of  the  external  border.  National  coastguard  authorities  are  also  part  of  the 
European Border and Coast Guard in so far as they perform maritime border surveillance. The role of 
the Agency to contribute to search and rescue operations will now be significantly strengthened. 

The  new  European  Border  and  Coast  Guard  Agency  ('the  Agency')  will  be  at  the  heart  of making  a 
more  integrated  system  of  border  management  work.  It  needs  to  be  a  centre  of  operational  capacity 
and expertise, a practical support to national border guard authorities, and a guarantor that the system 
will perform effectively. The Commission's proposal provides for a toolbox of measures to empower 
the  Agency  to  act  in  a  manner  that  effectively  responds  to  current  challenges,  drawing  on  the 
recommendations made by the Management Board of Frontex in November 20157. 

For  the  European  Border  and  Coast  Guard  to  be  effective,  it  needs  to  work  in  all  phases  of  border 
management.  Firstly,  common  standards  need  to  be  set  which  meet  the  test  of  robust  border 
management capable of reacting at times of crises. The integration of national and Union levels within 
the European Border and Coast Guard should make the work of constantly improving standards part of 
the  core  work  of  border  guard  authorities,  including  coastguards  to  the  extent  that  they  carry  out 
border control tasks, at all levels. The relevant national authorities will perform their regular tasks in 
line  with  these  standards,  and  a  strong  EU  level  will  help  ensure  uniform  implementation  across 

5  
6  

7  

In its resolution of 10 September the European Parliament stressed the need to ensure effective management of external borders. 

At the informal meeting of Heads of State or Government of 23 September, leaders stressed the need to strengthen controls at the 
external  borders  and  the  European  Council  conclusions  of  15  October  explicitly  call  for  the  establishment  of  an  integrated 
management system for the external borders. 

These followed an external evaluation of FRONTEX carried out in line with its current legal basis and finalised in June 2015. 

3 

 
                                                 
Member States. Secondly, there needs to be a system where deficiencies are identified well in advance 
so  that  remedial  action  is  taken.  Thirdly,  it  is  essential  to  have  a  strong  and  responsive  system  to 
ensure  crises  are  adequately  addressed  whenever  needed.  In  exceptional  situations,  the  assistance 
rendered  to  frontline  Member  States  must  be  regarded  as  a  responsibility  which  the  EU  and  the 
Member  States  need  to  share  and  shoulder  together.  In  this  respect,  the  European  Border  and  Coast 
Guard needs to be able to intervene when the national border guards of frontline Member States are 
not, for whichever reasons, effectively coping with the challenges they face on their own. 

III.  

A SINGLE SYSTEM OF INTEGRATED EXTERNAL BORDER MANAGEMENT  

1.  

EFFECTIVE IMPLEMENTATION OF INTEGRATED BORDER MANAGEMENT   

Integrated border management goes beyond border control performed solely at the external border. It 
includes measures in third countries, measures with neighbouring third countries, and measures within 
the  area  of  free  movement,  including  return  of  irregular  migrants  from  the  EU  to  their  countries  of 
origin.  Proper  border  management  is  also  supported  by  a  number  of  elements  such  as  strong  and 
regular risk analysis, improved inter-agency cooperation and the use of state-of-the-art technology.  

As  a  first  step,  it  is  necessary  to  ensure  that  the  common  EU  rules  in  place  are  fully  and  duly 
implemented. Implementation of these rules is also essential in normal circumstances when there is no 
increased pressure but the area of free movement needs to be equally secured.  

To ensure the constant monitoring of the management of the external borders in the Member States, 
the  Commission  is  proposing  to  reinforce  the  obligations  of  cooperation  and  information  sharing 
between the new European Border and Coast Guard Agency and national authorities. In particular, a 
monitoring and risk analysis centre will be set up in the Agency to follow the migratory flows towards 
and  within  the  European  Union.  This  tool  will  go  hand  in  hand  with  a  reliable  and  up-to-date  risk 
analysis.  The  use  of  the  Common  Integrated  Risk  Analysis  Model  (CIRAM)  developed  by  the 
Agency, in close cooperation with the Member States, will be made compulsory. 

To support the development of an integrated approach and to further strengthen the regular monitoring 
of the management of the external borders by the Member States, liaison officers will be seconded by 
the Agency to specific Member States determined on the basis of risk analysis and in consultation with 
the  Management  Board.  Cooperating  with  the  national  border  guard  authorities  (as  well  as  the 
coastguards to the extent that they carry out border control tasks) and acting as an interface between 
them and the Agency, these liaison officers will be fully integrated into the national authorities' work 
and  information  systems  and  able  to  ensure  the  Agency  is  fully  informed  in  real  time.  They  will 
identify  possible  weaknesses  in  the  national  border  management  systems  and  will  prepare 
recommendations to address them. This will help identify necessary preventive steps in a common and 
proactive way and help prevent potential shortcomings from becoming a problem.  

To guarantee an efficient implementation of the European integrated border management, the Agency 
will  develop  a  broad  overview  of  the  capacity  of  Member  States,  including  as  regards  allocation  of 
staff and equipment at the external border. To help identify and address weaknesses, the Commission 
is  proposing to  significantly  strengthen  the  Agency's  ‘vulnerability  test’  (as  compared  to  the  current 
Frontex situation) by transforming it into a mandatory mechanism of vulnerability assessment. It will 
be designed in a way so as to complement the Schengen evaluation mechanism8 and will ensure that 

8  

Council  Regulation  (EU)  No  1053/2013  of  the  European  Parliament  and  of  the  Council  of  7  October  2013  establishing  an 
evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive 
Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen, OJ L 295, 
6.11.2013, p. 27. 

4 

 
                                                 
the specific needs of those sections of the external border exposed to threats, such as disproportionate 
migratory  pressures,  can  be  adequately  met.  The  information  necessary  for  carrying  out  this 
vulnerability assessment will be complemented by the seconded liaison officers who will be feeding in 
data collected during their work on the ground.  

By assessing the resources and equipment of the Member States as well as their contingency planning, 
the Agency will determine whether they are well prepared to meet potential challenges and to identify 
existing  weaknesses.  Following  the  outcome  of  this  assessment,  if  necessary,  the  Agency  will 
determine  any  corrective  actions  needed  to  address  emerging  or  existing  gaps.  The  decisions  of  the 
Agency will be binding on the Member State concerned. If the necessary corrective action is not taken 
within the time limits set by the Agency, the European Commission may authorise the Agency to take 
further action, including the deployment of European Border and Coast Guard Teams (see below). 

2. 

CRISIS PREVENTION AND INTERVENTION AT THE EXTERNAL BORDER  

The situation at the external border must not be allowed to deteriorate to the extent of jeopardising the 
functioning of the Schengen area.  

In  cases  of  urgent  or  exceptional  migratory  pressure,  Member  States  can  already  today  avail 
themselves of the possibility to request the deployment of Agency resources9. Member  States  may 
request joint operations and rapid border interventions, and deployment of the European Border 
and Coast Guard Teams to support these.  

However, the refugee crisis has exposed two fundamental problems with the existing structures. This 
is because the deployment of Agency resources relies, firstly, on the willingness of Member States to 
send  resources  to  the  external  border  at  a  given  moment  in  time  and,  secondly,  on  a  formal  request 
from  a  frontline  Member  State.  The  structure  and  mandate  of  the  new  European  Border  and  Coast 
Guard is designed to mitigate both issues. On the one hand, these weaknesses were exposed notably in 
the  case  of  Greece  where  Frontex  asked  Member  States  to  supply  743  guest  officers  to  work  at  the 
external border in Greece and to this day only 447 have been provided. On the other hand, and despite 
several  political  calls  to  do  so,  some  Member  States  have  not  activated  the  available  border 
intervention mechanisms, leaving Frontex unable to intervene.  

A reserve of European Border Guards 

The Agency therefore needs to have at its immediate and direct disposal a sufficient number of well-
trained  experts  with  the  appropriate  profiles  as  well  as  the  relevant  technical  equipment.  Currently, 
contributions  of  assets  and  experts  to  Frontex  are,  in  principle,  provided  on  a  voluntary  basis.  This 
method  of  working,  in  combination  with  the  current  migration  crisis,  has  recently  led  to  shortages 
which  have  prevented  Frontex  from  performing  its  operational  tasks  at  maximum  capacity.  Such 
deficiencies must be remedied.  

To  secure  the  capacity  of  the  Agency  to  perform  its  tasks  in  responding  to  emergency  situations,  a 
rapid reserve pool of experts will be created as a standing corps put at the disposal of the Agency. As 
the body assigned to implement the European integrated border management, the Agency will be able 
to call on this pool within a very limited timeframe in circumstances requiring immediate response. 
Member States will have to make available at least 1 500 border guards to be deployed by the Agency 
in rapid border interventions within days. Similarly, the Agency will have at its disposal a technical 

9  

Regulation  (EC)  No  863/2007  of  the  European  Parliament  and  of  the  Council  of  11  July  2007  establishing  a  mechanism  for  the 
creation of Rapid Border Intervention Teams and amending Council Regulation (EC) No 2007/2004 as regards that mechanism and 
regulating the tasks and powers of guest officers. 

5 

 
                                                 
equipment  pool  where  Member  States  will  be  required  to  make  available  at  immediate  notice 
operational equipment acquired at a 90% co-financing rate under the additional allocations of specific 
actions10 of  the  Internal  Security  Fund.  This  will  ensure  that  the  current  situation  where  frontline 
Member  States  face  shortages  of  essential  fingerprinting  equipment  but  Frontex  is  unable  to  supply 
them since it relies on Member States to make these resources available, is put to an end.  

The right to intervene 

In urgent situations, the Agency must be able to step in to ensure that action is taken on the ground 
even where there is no request for assistance from the Member State concerned or where that Member 
State considers that there is no need for additional intervention.  

On the one hand, such action could be necessary due to a disproportionate increase in the pressure at 
that section of the external border where the national border guard authorities (and coastguards to the 
extent that they have border control tasks) are not able to cope with the crisis which has developed. On 
the other hand, the requirement of urgent action at a particular section of the external border could be 
due  to  a  deficiency  in  the  border  management  system  of  a  Member  State  which  the  Agency  had 
identified as a result of a vulnerability assessment and had recommended corrective measures which 
the Member State concerned failed to implement within the set time limits. 

When deficiencies are identified and in order to take timely corrective action and to avoid reaching a 
crisis  situation,  the  Agency  will  in  a  first  instance  be  empowered  to  recommend  Member  States 
launch joint operations or rapid border interventions.  

Where  deficiencies  persist  and  national  action  is  not  forthcoming,  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  and  entrusting  the  Agency  with  the  task  of  carrying  out  appropriate 
operational measures. This will allow the Agency to intervene  immediately  in  crises  situations by 
deploying European Border and Coast Guard Teams at the external border.  

Implementing the hotspot approach and working with third countries 

The development of the hotspot approach, initially introduced by the European Agenda on Migration, 
will become a key task of the Agency, which will be able to deploy European Border and Coast Guard 
Teams in the framework of the migration management teams at hotspots.  

Furthermore,  the  Commission  proposal  provides  for  an  enhanced  role  for  the  Agency  as  regards 
cooperation with third countries where it can coordinate operational cooperation between Member 
States  and  neighbouring  third  countries  in  the  field  of  border  management,  including  by  deploying 
liaison officers to third countries or launching joint operations on Union territory or on the territory of 
third countries. This will notably remedy the situation which is currently faced in the cooperation with 
the Western Balkan countries where, despite the agreement of the third countries in question, Frontex 
is unable to provide operational assistance as it does not have the mandate to send border guard teams 
to countries such as Serbia or the former Yugoslav Republic of Macedonia.  

10  

According to Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing a part of 
the Internal Security Fund (OJ L 150, 20.5.2014, p. 143), specific actions are designed as ‘top-up funding’, i.e. additional amounts 
added to the Member States’ basic national 7-year allocations on a competitive basis depending on their willingness to implement, 
under their national programmes, actions which correspond to specific EU priorities. 

6 

 
                                                 
3. 

COAST GUARD FUNCTIONS 

Coast guards have a crucial role to play in securing maritime borders and in rescue at sea. The current 
crisis has demonstrated the need for a more coordinated response from the relevant Union Agencies 
and the wide range of national authorities performing coast guard functions. Better coordination can 
both bring results in terms of addressing crises at sea and helping those authorities to work efficiently. 
This should include better coordination and pooling of relevant coastguard functions at EU level.  

There are currently more than 300 civilian and military authorities in the Member States responsible 
for carrying out coastguard functions in a wide range of areas such as maritime safety, security, search 
and  rescue,  border  control,  fisheries  control,  customs  control,  general  law  enforcement  and 
environmental  protection.  Relevant  EU  Agencies  support  the  national  authorities  in  the  exercise  of 
most of these functions. A functional approach is needed so that the national coastguards will be part 
of  the  European  Border  and  Coast  Guard  to  the  extent  that  they carry  out  border  control  tasks.  The 
Commission  therefore  proposes  to  bring  together  the  existing  bodies  and  agencies  carrying  out 
coastguard  tasks  more  closely.  At  EU  level,  this  will  be  achieved  by  aligning  the  mandates  of  the 
European Maritime Safety Agency and the European Fisheries Control Agency with the provisions of 
the  new  Agency  and  enhancing  their  capacities,  notably  through  jointly  planned  surveillance 
operations  and  streamlined  sharing  of  information  and  capacity  building  as  well  as  providing 
surveillance  and  communication  services  based  on  state-of-the-art  technology  such  as  Remotely 
Piloted Aircraft Systems (drones).  

This will mean that the Agency will, for example, be able to access new information on vessels used 
for illegal immigration and cross-border crime which have been detected during maritime surveillance 
operations whose primary mission is not border control, but fisheries control or oil spill detection. This 
pragmatic cross-sector cooperation to pool resources and information will allow border management 
to draw from capacities which are not strictly border control related. 

4. 

STRENGTHENED ROLE FOR THE AGENCY IN THE FIELD OF RETURN 

Improving the effectiveness of return procedures has been recognised as a key objective of migration 
management.  An  enhanced  role  for  the  European  Border  and  Coast  Guard  Agency  in  the  field  of 
return  will  improve  the  capacity  of  the  EU  to  successfully  return  illegally  staying  third-country 
nationals. As set out in the EU Action Plan on Return11, the Agency should be able to initiate return 
operations and to assist Member States with the acquisition of travel documents.  

The Agency will coordinate all the tasks related to return and will provide Member States with all the 
necessary technical and operational reinforcement to effectively return illegally staying third country 
nationals.  For  these  purposes,  a  dedicated  Return  Office  will  be  created  within  the  structure  of  the 
Agency  to  cooperate  with  the  Member  States  in  conducting  identification  and  return  procedures, 
including through financing and co-financing, coordinating and organising return operations as well as 
cooperating with relevant third-country authorities in the area of return.  

The  Agency  will  also  be  play  a  key  and  direct  role  in  return  interventions.  European  Return 
Intervention Teams, composed of escorts, monitors and return specialists, will be able to be deployed 
to  Member  States  subject  to  particular  pressure  on  their  return  system.  In  urgent  situations  Rapid 
European Return Intervention Teams could be deployed either upon the request of a Member State or 
on the Agency's own initiative. 

11  

COM (2015) 453 final. 

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5. 

FUNDAMENTAL RIGHTS AND A COMPLAINT MECHANISM FOR THE AGENCY 

Given  the  stronger  role  and  enhanced  operational  tasks  of  the  Agency,  it  is  important  to  have  an 
adequate complaint mechanism in case a person considers himself or herself to have been subject to a 
violation  of  fundamental  rights  in  the  course  of  operational  engagement  by  the  Agency.  Both  the 
European  Parliament  and  the  European  Ombudsman  have  stressed  the  importance  of  such  a 
mechanism. 

Under the mechanism a dedicated Fundamental Rights Officer in the Agency will receive complaints 
in  a  structured  manner  and  refer  these  to  the  Executive  Director  and  the  Member  States  concerned. 
Member States will be required to provide information on the outcome and follow up to the complaint. 
This administrative process will be without prejudice to any judicial remedies.  Moreover, in cases of 
violations of fundamental rights or international protection obligations which are of a serious nature or 
are  likely  to  persist,  the  Executive  Director  of  the  Agency  would  be  able  to  decide  not  only  on  the 
suspension or termination of the operational activities led by the Agency, but also on the withdrawal 
of financial support for the operation in question. 

IV. 

UNIFORM IMPLEMENTATION OF THE SCHENGEN RULES  

The uniform implementation of all the rules in the field of border management needs to be regularly 
monitored. With the establishment of the European Border and Coast Guard, the coherent application 
of  the  Schengen  rules  as  well  as  the  harmonised  performance  of  border  management  tasks  across 
Member States becomes even more important. 

The laws governing the Schengen area constitute a dynamic set of rules which have developed over 
time  and  are  incorporated  in  legal  acts  as  well  as  in  a  number  of  'soft  law'  documents  such  as 
handbooks,  guidelines,  catalogues,  best  practices.  Their  full  and  correct  application  by  the  Member 
States  is  regularly  verified  through  the  Schengen  evaluation  mechanism  serving  as  a  quality  control 
tool.  Schengen  evaluations  are  carried  out  on  the  basis  of  multi-annual  and  annual  programmes 
adopted  by  the  Commission.  Following  evaluation  missions,  the  teams  responsible  for  these 
evaluations12 ("Schengen  Evaluation  teams")  put  forward  recommendations  to  the  Member  States  to 
address possible identified deficiencies in their national border management systems.  

In  this  context,  the  Schengen  evaluation  reports  have  often  signalled  as  a  weakness  in  the 
implementation  process  the  fact  that  a  considerable  part  of  the  Schengen  rules  are  included  in  non-
binding documents. Combining ‘soft law’ measures and legally binding rules has not always proven 
efficient  especially  due  to  the  fact  that  'soft  law'  could  often  be  interpreted  and  implemented 
differently. 

To avoid possible discrepancies and to guarantee that the European Border and Coast Guard performs 
its  tasks  in  a  consistent  manner,  it  is  important  to  ensure  that  the  Schengen  rules  are  applied  in  the 
same  way  across  the  EU.  To  achieve  uniform  and  more  harmonised  implementation  of  the  existing 
rules  and  better  consolidate  the  Schengen  acquis  as  a  'single  rulebook'  of  measures  for  border 
management, the Commission will work towards replacing the ‘soft law’ provisions by legally binding 
measures.  

12  

These  teams  were  established  by  Council  Regulation  (EU)  No  1053/2013  of  7  October  2013  establishing  an  evaluation  and 
monitoring mechanism to verify the application of the Schengen acquis and repealing Decision of the Executive Commission of 
16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen, in its Article 10. 

8 

 
                                                 
V. 

TARGETED MODIFICATION OF THE SCHENGEN BORDERS CODE 

Control at the external borders remains one of the main safeguards of the area without controls at the 
internal borders. One of the purposes of such controls is to prevent any threat to the internal security 
and public policy of the Member States. As recent terrorist attacks have demonstrated, the threat can 
come also from persons enjoying the right of free movement under Union law. Controls at the external 
borders  need  to  be  reinforced  in  order  to  be  able  to  identify  such  persons  and  minimise  risks  to  the 
internal security of the Schengen area. This is also confirmed in the conclusions of the eighth biannual 
report on the functioning of the Schengen area. 

To address this need, the Commission is proposing a targeted modification to the Schengen Borders 
Code13 as regards checks of EU citizens against databases such as the Schengen Information System, 
the Stolen and Lost Travel Documents Database as well as relevant national systems. As requested by 
the  Justice  and  Home  Affairs  Council  of  9  and  20 November  2015,  this  initiative  will  provide  for 
"systematic  controls  of  EU  nationals,  including  the  verification  of  biometric  information,  against 
relevant databases at external borders of the Schengen area, making full use of technical solutions in 
order not to hamper the fluidity of movement"14.  

The  proposed  amendments  will  make  systematic  checks  of  EU  citizens  against  databases  at  all 
external  borders  (air,  sea  and  land)  –  which  are  today  possible  based  on  a  risk  assessment  – 
compulsory. The systematic checks will verify the identity and the nationality of the person and the 
validity and authenticity of the travel document. Moreover, they will verify that the persons entering 
the Schengen area do not represent a threat to public order and internal security. The new rules also 
contain an element of flexibility – where at the land and sea borders systematic checks of EU citizens 
could have  a  disproportionate  effect  on  the  flow  of  traffic,  Member  States  may  carry  them  out  on  a 
targeted basis based on a risk assessment.  

VI.  A EUROPEAN TRAVEL DOCUMENT FOR RETURN 

Ensuring  the  effective  return  of  third  country  nationals  who  are  staying  illegally  in  Europe  is  an 
essential component of a comprehensive, sustainable and credible EU migration policy.  

The current EU system to return irregular migrants is not sufficiently effective and the lack of valid 
travel documents issued by the countries of destination of the returnees is one of the main obstacles to 
successful  return  and  readmission.  At  present,  Member  States  may  issue  a  European  substitute 
document 15  for  those  illegally  staying  third-country  nationals  who  do  not  possess  a  valid  travel 
document.  However,  due  to  its  inadequate  security  features  and  standards,  among  other  reasons,  its 
recognition by third countries is unsatisfactory. There is a clear need to improve the recognition of the 
EU  travel  document  by  third  countries  in  view  of  ensuring  successful  return  while  reducing  the 
administrative burden on competent consular authorities of third countries.  

Following  up  on  the  announcement  made  in  the  EU  Action  Plan  on  Return,  the  Commission  is 
proposing to establish a new European travel document for the return of third-country nationals, based 
on  a  uniform  format  and  using  enhanced  technical  and  security  features  that  can  ensure  a  wider 
acceptance  by  third  countries.  The  recognition  of  this  travel  document  should  be  promoted  in  the 

13  

14  

15  

Article 7(2) Schengen Borders Code. 

Conclusions  of  the  Council  of  the  EU  and  of  the  Member  States  meeting  within  the  Council  on  Counter-Terrorism, 
20 November 2015.  

OJ C 274, 19.9.1996, p. 18. 

9 

 
                                                 
context of readmission agreements or other arrangements with third countries, as well as in the context 
of return-related cooperation with third countries not covered by formal agreements.  

The proposed Regulation on a European travel document for return defines the format and the security 
features of this document, while the common standards and procedures for carrying out the return of 
illegally staying third-country nationals is regulated by the Return Directive16 and shall be conducted 
in full respect of fundamental rights, in particular of the principle of non-refoulement. 

VII.  EUROSUR 

EUROSUR  is  a  common  framework  for  information  exchange  and  cooperation  among  all  national 
authorities with responsibility for the surveillance of the external land and sea borders. Since it became 
operational at the end of 2013, it has considerably improved the situational awareness at the external 
borders and in the pre-frontier area and it has contributed to saving migrants’ lives on many occasions. 
This is largely owed to the efforts of Frontex, as also outlined in the report presented this month by 
Frontex  to  the  European  Parliament  and  to  the  Council  on  the  implementation  of  the  EUROSUR 
components falling under its responsibility. 

The Commission has today adopted a EUROSUR Handbook, providing guidance to Member States 
authorities on the implementation and management of EUROSUR17.  

With thousands of people arriving every day at certain sections of the external border, it is clear that 
Member States also need to be able to react quickly and in a coherent manner. While the legislative 
proposal  for  the  European  Border  and  Coast  Guard  creates  a  stronger  Agency,  the  national 
coordination  centres  for  border  surveillance,  established  in  accordance  with  the  EUROSUR 
Regulation,  play  a  crucial  role  and  Member  States  should  make  better  use  of  them  in  strengthening 
their reaction capability. 

The  EUROSUR  Handbook  describes  in  detail  the  tasks  of  these  national  coordination  centres, 
including their cooperation with other national authorities and how to manage resources and personnel 
and the national border surveillance systems. The Handbook defines how national coordination centres 
and Frontex exchange information on incidents, patrols and intelligence and coordinate their reaction 
at  the  different  border  sections.  Finally,  the  Handbook  provides  technical  guidelines  for  the 
management of the EUROSUR communication network and of classified information. 

VIII.   CONCLUSION 

The  measures  adopted  today  constitute  a  necessary  step  forward  towards  effective  European 
integrated border management.  

The Commission calls on the European Parliament and the Council to give the highest priority to these 
proposals, and in particular to the proposed Regulation on the European Border and Coast Guard, 
so that the confidence of citizens in Europe's external borders can be restored swiftly and the integrity 
of the Schengen area of free movement without internal borders can be guaranteed. 

16  

17  

Directive  2008/115/EC  of  the  European  Parliament  and  of  the  Council  of  16  December  2008  on  common  standards  and 
procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98). 

 Regulation  (EU)  No  1052/2013  of  the  European  Parliament  and  of  the  Council  of  23  October  2013  establishing  the  European 
Border Surveillance System (Eurosur), OJ L 295, 6.11.2013, p. 11. 

10