COMMUNICATION FROM THE COMMISSION TO THE COUNCIL Assessment of Greece's Action Plan to remedy the serious deficiencies identified in the 2015 evaluation on the application of the Schengen acquis in the field of management of the external border
Date: 2016-04-12
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU financing, Frontex, Greece, Schengen Agreement, border control, external border of the EU, illegal migration, project evaluation, return migration, right of asylum

EN 

   EN 

   EUROPEAN COMMISSION  Strasbourg, 12.4.2016  COM(2016) 220 final   COMMUNICATION FROM THE COMMISSION TO THE COUNCIL Assessment of Greece's Action Plan to remedy the serious deficiencies identified in the 2015 evaluation on the application of the Schengen acquis in the field of management of the external border  
 
 
1.  

Introduction 

On 7 March,  the EU Heads  of State or  Government1 agreed to  take  forward, as  a  matter  of 
priority,  all  elements  of  the  Commission's  "Back  to  Schengen"2  Roadmap,  so  as  to  end 
temporary  internal  border  controls  and  re-establish  the  normal  functioning  of  the  Schengen 
area  before  the  end  of  the  year.  The  Commission  Communication  detailed  a  series  of 
measures to restore the normal functioning of the Schengen area, while giving full support to 
Member States under pressure. In particular, it set out measures to address deficiencies in the 
management of the EU’s external borders. It is rectifying these deficiencies that will allow for 
controls exceptionally reintroduced at internal borders to be lifted. The Roadmap showed how 
the  procedures  laid  down  in  the  Schengen  rules  could  be  used  to  restore  order  to  the 
functioning of the Schengen system before the end of the year. Among those measures is the 
presentation  of  an  Action  Plan  by  Greece  to  implement  the  recommendations  made  by  the 
Council to address identified deficiencies in border management. This report is another stage 
foreseen in the process, a Commission assessment of the Action Plan presented by the Greek 
authorities.    

The Process 

Regulation (EU) No 1053/2013  ("the Regulation") establishes an evaluation  and monitoring 
mechanism to verify the application of the Schengen acquis3. On the basis of this mechanism, 
evaluation  visits  –  announced  and  unannounced  –  are  regularly  carried  out  in  the  Member 
States  by  Commission  led  teams  with  experts  from  Member  States  and  Frontex.  Following 
each visit, a Schengen Evaluation Report is drawn up. If the report identifies any weaknesses 
in  management  of  the  external  border,  the  Council,  on  the  basis  of  a  proposal  from  the 
Commission,  adopts  recommendations  for  remedial  action.  If  serious  deficiencies  in  the 
management of external borders are identified, the Commission may in addition recommend 
that  the  evaluated  Member  State  take  certain  specific  measures  with  a  view  to  ensuring 
compliance with the Council Recommendation (Article 19b of the Schengen Borders Code4).  

In  order for the evaluation  mechanism to  be as efficient  as possible and in  accordance  with 
Article 16 of the Regulation, the evaluated Member State has to provide the Commission and 
the Council with an Action Plan to remedy the deficiencies identified within three months of 
adoption of the Council Recommendation5. The Commission should present its assessment of 
the  adequacy  of  the  Action  Plan  presented  by  the  Member  State  authorities  to  the  Council 
within one month after receiving the Action Plan.  

The application of the process to Greece 

This  process  is  now  under  way  in  the  case  of  Greece,  following  an  evaluation  of  the 
application of the Schengen acquis in the field of external border management in November 
2015. The evaluation report, based on on-site visits, and revealing serious deficiencies in the 
carrying  out  of  external  border  control  by  Greece,  was  adopted  by  the  Commission  on  2 

1 SN 28/16. 
2 COM (2016) 120 final of 4.3.2016. 
3 OJ L 295, 6.11.2013, p. 27. 
4 Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a 
Community Code on the rules governing the movement of persons across borders (OJ L 105, 13.4.2006, p. 1; 
Codification published in OJ L 77, 23.3.2016, p.1). 
5 One month if the Council Recommendation concludes that the evaluated Member State has seriously neglected 
its obligations. 

2 

 
 
                                                            
February  20166.  Recommendations  for  remedial  action  were  adopted  by  the  Council  on  12 
February  20167.  As  the  Evaluation  Report  found  serious  deficiencies,  the  Commission  in 
addition  adopted  on  24  February  2016  an 
implementing  decision  setting  out  a 
Recommendation on specific measures to be taken by Greece8.  

This  Communication  sets  out  the  Commission's  assessment  of  the  adequacy  of  the  Action 
Plan presented by the Greek authorities on 12 March 2016 to remedy the serious deficiencies 
identified  in  the  Evaluation  Report.  The  first  progress  report  on  the  implementation  of  the 
Article 19b Schengen Borders Code Commission Recommendation, which was provided by 
Greece to the Commission together with the Action Plan on 12 March 2016, is also taken into 
account by this assessment. 

Since  the  situation  on  the  ground  in  Greece  is  constantly  changing,  consideration  has  also 
been  given to new developments  such as the implementation of relevant  aspects of the EU-
Turkey joint action plan, and the implementation and functioning of the hotspot approach in 
Greece, as regularly reported on in the progress reports of the Commission. Accordingly, the 
present report assesses the adequacy of the Action Plan presented by the Greek authorities on 
the basis of the facts currently available, and does not prejudge the assessment of the second 
report by the Greek authorities, which will be provided in accordance with article 16(4) of the 
Regulation.  

The  Commission  Communication  "Back  to  Schengen  –  a  Roadmap"  explained  the  process 
described  above  and  the  steps  taken  so  far.  It  notes  that  if  the  migratory  pressures  and  the 
identified  deficiencies  in  external  border  control  were  to  persist  beyond  12  May,  the 
Commission would need to present a proposal under Article 26(2) of the Schengen Borders 
Code  to  the  Council,  recommending  a  coherent  Union  approach  to  internal  border  controls 
until  the  structural  deficiencies  in  external  border  control  are  mitigated  or  remedied.  The 
Commission confirms that it will be prepared for this eventuality and would act without delay.  

Any proposal by the Commission under Article 26 of the Schengen Borders Code would only 
propose border controls at those internal border sections where controls would be necessary 
and  proportionate,  in  order  to  respond  to  the  serious  threat  to  public  policy  and  internal 
security  identified.  Any  recommended  border  controls  would  also  be  temporary  and  for  the 
shortest  possible  period,  in  view  of  the  threat  addressed.  As  further  explained  in  the 
Commission  Communication  "Back  to  Schengen  –  a  Roadmap",  if  the  overall  situation 
allows,  the  objective  should  be  to  lift  all  internal  border  controls  within  the  Schengen  area 
within six months from their introduction, namely by mid-November 2016. 

Finally, it should, in the light of the above, be recalled that the application of Article 26 of the 
Schengen Borders Code is a safeguard for the overall functioning of the Schengen area. It is 
not a sanction against any Member State, nor does it aim at excluding any Member State from 
the Schengen area. 

6 C(2016) 450. 
7 Council document 5895/16 of 12 February 2016. 
8 C(2016) 1219. 

3 

 
 
 
 
 
  
 
                                                            
2. 

General assessment 

The Action Plan  presented by the Greek authorities relates to the Council Recommendation 
but also refers to the Commission Recommendation where relevant. It presents the remedial 
actions already taken and those foreseen to implement these Recommendations.  

The  Council  Recommendation  listed  49  points,  covering  the  registration  procedure,  border 
surveillance,  risk  analyses,  international  cooperation,  human  resources  and  training,  border 
checks  procedures,  and  infrastructure  and  equipment.  The  Council  also  recommended  more 
generally  that  Greece  take  appropriate  measures  to  ensure  that  at  all  external  borders  of 
Greece, external border control is carried out and brought in line with the Schengen acquis, in 
order not to jeopardise the functioning of the Schengen area.  

The  Council  indicated  that  an  adequate  functioning  of  the  identification  and  registration 
procedure  and  appropriate  reception  conditions  are  indispensable,  given  the  subsequent 
secondary  movements  to  other  Member  States  which  put  the  functioning  of  the  whole 
Schengen  area  at  risk and  which  has  led several Members  States  to  temporarily reintroduce 
border controls at their internal borders. The Council therefore indicated that it is important to 
remedy  each  of  the  deficiencies  identified  with  the  least  possible  delay  and,  in  this  respect, 
further specified priorities for the implementation of specific recommendations.  

As regards the adequacy of the Action Plan presented by the Greek authorities on substance, 
timing  and  financing  of  the  proposed  actions,  the  Commission  considers  that  for  several 
actions more details and/or clarifications are needed, in order to properly assess and monitor 
the  timely  follow-up  and  implementation  of  the  actions  proposed.  These  elements  are  also 
necessary  to  fully  inform  the  European  Parliament  and  the  Council  as  foreseen  by  Article 
16(6) of the Regulation.  

Chapter  3  of  this  Communication  gives  an  overview  of  the  remedial  actions  for  which  the 
Commission needs additional information or clarification on substance.  

As  far  as  the  timing,  financing  and  responsibility  for  the  implementation  of  the  different 
actions in general is concerned, the following general assessment is made. 

Timing 

The  time  indication  "in  progress"  for  several  actions  is  considered  to  be  insufficient.  There 
should be precise time-frames for the implementation of all proposed actions for the purpose 
of monitoring, especially for actions related to the purchase of equipment (actions 12 and 38), 
the  elaboration  of  specific  systems  (actions  1-9,  as  far  as  related  to  the  setting  up  of  a  new 
system Immigrants Data Mapping, 12, 15, 35 and 48), bringing infrastructure in line with the 
acquis (action 36) and planned training activities (actions 19, 20 and 29). 

Responsibility  

The  Action  Plan  presented  by  the  Greek  authorities  lacks  information  on  the  authorities 
responsible for the implementation of certain actions and for monitoring the implementation 
of  those  actions.  It  should  be  complemented  by  information  concerning  the  authorities 
responsible for the implementation of the Action Plan as a whole as well as for the separate 
actions,  and  concerning  possible  national 
the 
implementation of the actions.   

follow-up  mechanisms 

related 

to 

4 

 
 
Financing 

Although  it  does  not  present  a  clear  and  comprehensive  financing  plan,  the  Action  Plan 
presented  by  the  Greek  authorities  indicates  that  several  key  actions  are  implemented  or 
planned to be implemented through the support of the Internal Security Fund, both under the 
Greek National Programme and under Emergency Assistance. Greece needs to make further 
efforts to ensure that the substantial financing received through the EU funding instruments, 
in particular the Internal Security Fund National Programme, is used in a timely, efficient and 
flexible  manner.  This  requires  further  urgent  adjustments  to  the  programme  and  its 
management  structure  to  ensure  that  the  implementation  of  the  programmes  is  fully  in  line 
with current needs.  

In line with Article 12 of the Internal Security Fund – Borders and Visa Regulation9, since the 
adoption of the Council Recommendation, the Commission has been in constant contact with 
the Greek authorities to examine together the most appropriate ways to address the identified 
deficiencies and how to finance those actions.  

It is of utmost importance that the Greek authorities start, without any further delay, to fully 
implement  the  Internal  Security  Fund  Greek  National  Programme.  Two  pre-financing 
payments,  amounting  to  a  total  of  approximately  €25 million,  were  already  made  (in 
September  2015  and  February  2016).  This  is  of  direct  relevance  to  implementation  of  the 
Council Recommendation, as some of the actions directly correspond to the needs identified. 
A  clear  example  in  this  respect  is  the  development  of  an  Integrated  Maritime  Surveillance 
System indicated as a top funding priority for the Hellenic Coast Guard (within the National 
Objective  1  EUROSUR).  According  to  information  previously  provided  by  Greece,  this 
project  would  cost  approximately  €60 million,  of  which  75%  would  be  co-financed  by  the 
Internal Security Fund National Programme.  

In this context, Greece would be advised to frontload so that in 2016 and 2017, the bulk of the 
funds are allocated in particular to Specific Objectives 2 (Borders) and 3 (Operating Support-
in  maritime  border 
the  considerable 
Borders),  notably  by  anticipating 
surveillance equipment initially foreseen for 2018. 

investments 

Given that some of the measures foreseen in the National Programme are less urgent, Greece 
should  also  consider  the  possibility  of  reprioritising  some  of  the  actions  of  the  National 
Programme,  including  through  a  formal  revision  of  the  National  Programme.  This 
reprioritisation should seek to reinforce the allocation for those measures aiming at catering 
for  its  most  pressing  needs  in  order  to  ensure  that  the  necessary  actions  to  remedy  the 
identified  deficiencies  are  taken  in  a  timely  manner,  and  are  efficiently  and  adequately 
addressed.  

This  frontloading  and  reprioritisation  of  the  Internal  Security  Fund  National  Programme 
resources  would  reduce,  if  not  eliminate,  the  need  for  Greece  to  resort to  frequent  and  "ad-
hoc" requests for emergency assistance10, with all the risks that such approach entails in terms 
of  uncertainty  and  lack  of  long-term  planning.  This  approach  is  unsustainable.  A  new 
approach  will  also  help  to  ensure  full  complementarity  and  consistency  of  the  funded 
measures and to guarantee that there is no overlap of or gap in financing. 

9 Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014, establishing, as 
part  of  the  Internal  Security Fund,  the  instrument  for  financial  support for  external  borders  and  visa  repealing 
decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143) (hereinafter ISF Border and Visa Regulation).  
10  The  Commission  has  awarded  in  the  last  year,  since  the  start  of  the  migratory  crisis,  approximately 
€180 million  in  emergency  assistance  for  the  benefit  of  Greece  (either  directly  to  Greek  authorities  or  to 
international organisations/EU agencies). 

5 

 
 
                                                            
Closely  linked  to  the  financing  of  certain  actions  through  the  Internal  Security  Fund  is  the 
support that can be provided by other parties to help Greece to implement remedial actions. 
Acknowledging  that  the  difficulties  which  Greece  faces  in  the  protection  of  the  external 
border  have  an  impact  on  the  European  Union  as  a  whole,  the  Commission  referred  in  its 
Communication  "Back  to  Schengen  –  A  roadmap"11  to  the  necessity  that  other  Member 
States,  EU  Agencies  and 
the 
recommendations  made  by  the  Council  and  the  Commission12.  For  this  reason,  the 
Communication  invited  Greece  to  present  a  clear  "needs  assessment"  in  parallel  with  its 
Action  Plan,  allowing  other  Member  States,  EU  Agencies  and  the  Commission  to  provide 
timely and focused support to Greece. While Greece did present a needs assessment on return 
in the light of the EU-Turkey agreement of 18 March 2016, the Commission urges the Greek 
authorities  to  complement  it  with  a  detailed  and  comprehensive  needs  assessment  covering 
the full range of areas mentioned in the Council and Commission Recommendations13.   

the  Commission  support  Greece 

implementing 

in 

3. 

Detailed assessment 

For  the  following  remedial  actions,  the  Commission  considers  that  additional  information 
and/ or clarification is needed for assessing the adequacy of the Action Plan presented by the 
Greek authorities. 

3.1 Registration procedure 

Recommendations/actions 1 and 2: this concerns the inclusion in the document 'suspension 
of removal' of obligations aimed at avoiding the risk of absconding in line with Article 7(3) of 
the  Return  Directive14,  and  the  quality  of  the  temporary  stay  documents  and  improvements 
introduced and completed by the Greek authorities. 

Under the new fast track readmission procedure introduced from 20 March 2016 to implement 
the EU-Turkey agreement, Greece is encouraged to use the exemption under Article 2(2)(a) of 
the  Return  Directive,  meaning  that  the  national  procedure  should  be  applied15.  In  parallel, 
'temporary  stay'  documents  should  no  longer  be  issued,  as  under  the  EU-Turkey  agreement 
persons  entering  Greece  are  considered  to  be  subject  to  readmission  to  Turkey,  following  a 
case-by-case assessment in accordance with EU and international law. As a consequence, the 
proposed remedial actions related to the temporary stay documents have become obsolete for 
persons  entering  since  20  March.  In  this  respect  the  Commission  is  asking  the  Greek 
authorities to regularly provide information  about the progress  of the implementation  of the 
EU-Turkey  agreement  with  regard  to  the  readmission  procedure  adopted  for  irregular 
migrants.   

11 COM(2016) 120 of 4 March 2016. 
12 The table in Annex II of the Commission Communication "Back to Schengen" provides an overview of those 
recommendations for which the Commission and EU Agencies should contribute to ensure their full and timely 
implementation. 
13 See also the comments below related to action 3, 12 and 50. 
14  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). 
15 In case that Greece opts to use the exemption under Article 2(2)(a), the level of protection for affected persons 
should not be less favourable than the safeguards set out in the Articles of the Return Directive dealing with the 
limitations on use of coercive measures, postponement of removal, emergency health care and needs of children 
and other groups of vulnerable persons, detention conditions and respect of the non-refoulement principle, in line 
with Article 4(4) of this Directive, or the safeguards under the EU asylum acquis, where applicable. 

6 

 
 
                                                            
Recommendation/action  3:  as  regards  the  need  to  reinforce  the  Hellenic  Police  staff  for 
registration, the Commission requests the Greek authorities provide information on the latest 
actions and plans, also taking into account the situation following the EU-Turkey agreement 
of  18  March  and  the  need  to  speed  up  the  registration  process  in  view  of  a  fast  return  to 
Turkey of migrants not requesting international protection.  

Greece pointed out that the reinforced presence of 174 Hellenic Police officers in the Aegean 
islands  in  the  hotspots  has  been  ensured  with  the  support  of  Internal  Security  Fund 
Emergency funding until 30 June 2016. However, it is unclear how this reinforced presence of 
the Hellenic Police officers will be maintained after that date. It should be clarified whether 
Greece will consider a permanent reinforcement of staff in the hotspots. This solution would 
address the legal obstacles limiting the secondment period to six months as referred to in the 
Action  Plan  and  to  ensure  that  the  national  capabilities  are  in  place  to  respond  to  future 
migratory pressure.  

In view of the recent reports by Frontex on the working conditions in Kos, it is unclear how 
Greece  is  planning  to  address  the  Commission  Recommendation  on  the  need  to  ensure 
appropriate  material  working  conditions  for  the  deployed  members  of  the  European  Border 
Guard Teams in the hotspots (recommendation A 1 (b)). As a result, the Commission does not 
consider this action to be fully completed. 

Recommendation/action 4: as regards the provision of accommodation facilities for migrants 
during  the  registration  process,  the  Commission  requests  the  Greek  authorities  also  provide 
information  on  Greece's  latest  plans  on  the  accommodation  of  migrants  who  do  not  ask  for 
international protection and who, in principle, should be returned to Turkey following the EU-
Turkey  agreement  of  18  March  (e.g.  possible  conversion  of  open  facilities  into  detention 
facilities). 

While  the  Commission  notes  progress  in  setting  up  the  hotspot  facilities  thanks  to  the 
intervention of the Hellenic Army, the Action Plan does not provide sufficient information on 
how the required reception conditions in those facilities will be ensured. In particular, there is 
no information on how the funding (national or EU) will be secured for this purpose.  

As  regards  addressing  the  needs  of  children  and  other  vulnerable  persons,  the  Commission 
points  out  that  the  number  of  additional  places  dedicated  for  persons  falling  under  these 
groups in Lesvos (18), Chios (25) and Kos (32) does not seem to be sufficient, given the high 
number of these persons observed. In the other two hotspots, in Leros and Samos, there is no 
existing or planned area with the capacity to accommodate groups of vulnerable persons. In 
this context, the Commission does not consider this action to be fully completed. 

Recommendation/action 5: as regards possible acquisition of the full-page readers to be used 
for  authenticity  verification  of  the  travel  documents  in  the  registration  process,  the  Action 
Plan does not provide sufficient information on when and how the funding for these devices 
will  be  secured.  Greece  in  the  first  place  should  consider  reprioritising  under  its  Internal 
Security  Fund  National  Programme, 
instead  of  requesting  additional  funding.  The 
Commission therefore does not consider this action to be fully completed and urges Greece to 
add  a  timeframe  for  the  action  in  the  reprogrammed  Internal  Security  Fund  National 
Programme.  

Recommendation/action  7:  concerning  the  adequacy  and  sufficiency  of  the  IT  capacity 
needed  for  the  registration  of  migrants  in  Eurodac,  the  Greek  authorities  indicate  that  the 
Hellenic  Police  is  currently  assessing  the  needs  in  cooperation  with  EU-LISA,  in  order  to 

7 

 
 
ensure  the  adequate  IT  capacity  of  the  system.  The  estimate  is  that  an  upgrade  of  the  IT 
system  will  take  four  to  five  months.  As  a  result,  the  Commission  does  not  consider  this 
action to be fully completed and urges Greece to add an appropriate and specific timeframe 
for the upgrade of the IT system. In addition, the Commission would like to have the latest 
state  of  play  on  the  needs  assessment  and  development  plans  for  the  IT  infrastructure  to 
support  the  adequate  registration  of  fingerprints  into  Eurodac,  as  also  discussed  with  the 
relevant Commission services and EU-LISA. 

Recommendation/action  40:  as  no  information  is  given  on  the  remedial  action  taken  to 
provide  an  adequate  number  of  Eurodac  terminals  at  the  reception  centre  in  Fylakio.  This 
should be added to the Action Plan presented by the Greek authorities. 

3.2 Return 

Recommendation/action  10:  concerning  the  immediate  launch  of  return  procedures  for 
which  Greece  has  planned  closer  cooperation  with  Frontex  and  the  Turkish  authorities,  the 
situation has significantly evolved with the new fast track readmission procedure and the new 
political  commitments  under  the  EU-Turkey  agreement  of  18  March  2016.  In  this  respect, 
Greece should detail the specific legal and operational measures taken or to be taken in order 
to facilitate return to Turkey whilst providing for fundamental rights safeguards and respect 
for EU and international law during the whole process. Information should also be provided 
on how many (additional) staff has been deployed or is planned to organise return procedures 
and what measures have been taken at hotspots to avoid that irregular migrants abscond.    

3.3 Sea border surveillance 

Recommendation/action  12:  while  quite  an  informative  reply  is  provided  on  the  action  to 
establish a comprehensive and effective coastal surveillance system in the long term, Greece 
has not sufficiently explained how the planned activities will improve sea border surveillance 
as  compared  with  the  current  situation  and  the  complementarity  between  new  and  existing 
capabilities.  

As regards the measures to be financed under the Internal Security Fund National Programme, 
Greece  still  has  to  provide  information  about  when  exactly  the  increased  capabilities  for 
surveillance would be made available and when the relevant procurement process would start. 
In particular, given the essential role of the Integrated Maritime Surveillance System (IMSS) 
in  addressing  the  recommendations,  it  is  important  to  clarify  the  preparatory  stages  for  the 
system (implementation expected as of 2017), and in particular whether the relevant technical 
specifications  have  been  finalised  and  when  the  procurement  process  will  effectively  start. 
Given the importance of offshore elements complementary to the IMSS, Greece still needs to 
indicate  how  many  patrol  boats  are  planned  under  the  Internal  Security  Fund  National 
Programme and whether the planned number of boats guarantees the reaction capabilities at a 
sufficient level for all the islands. As regards assets for which the financing is foreseen under 
the Internal Security Fund National Programme Specific Actions (two coast patrol vessels and 
one thermal vision vehicle), Greece should specify in the respective indicative time planning 
when those assets will be procured and fully operational.   

3.4 Risk analysis 

Recommendation/actions  15  and  16:  for  the  proposed  remedial  actions  related  to  the 
elaboration of a risk analysis system on local level and carrying out risk analysis activities, the 

8 

 
 
Commission would like to stress that these measures should preferably be taken in line with 
the Common Integrated Risk Analysis Model. 

3.5 Human resources and training 

For  the  remedial  actions  on  training,  information  should  be  given  on  the  number  of  border 
guards trained after the evaluation visit in November 2015 and the number that will be trained 
per training programme planned, as well as a time indication for the training activities planned 
(recommendations/actions: 16, 17, 19, 20, 21, 29 and 49). 

3.6 Border check procedures 

As regards the remedial actions related to bringing the border check procedures in line with 
the  acquis,  for  which  instructions  were  sent  by  the  Hellenic  Police  to  the  Border  Crossing 
Points, information should be provided on the kind of supervision/follow-up mechanism used 
to check that instructions are indeed followed (recommendations/actions: 16, 17, 22, 23, 26, 
28, 29, 30, 33 and 49).  

Recommendation/action  27:  it  was  planned  to  send  a  circular  in  March  suspending  the 
"exceptional  approach  of  pleasure  boats  coming  from  third  countries"  in  order  to  bring  the 
control of pleasure boats in line with the Schengen Borders Code. The Commission is of the 
opinion that the proposed remedial action to suspend an exceptional approach – an approach 
which  is  not  in  line  with  the  Schengen  Borders  Code  –  is  not  sufficient  to  remedy  the 
deficiency in the long run. The exceptional approach should be abolished and the control of 
pleasure boats should be brought in line with the Schengen Borders Code. 

Recommendation/action 37: Greece has indicated that there are administrative limitations in 
the  Hellenic  Police  and  legally  binding  obligations  which  prevent  the  recommended 
relocation  of  the  surveillance  centre  from  Nea  Vyssa  to  the  Regional  Integrated  Border 
Management  &  Monitoring  Centre  at  the  Police  Directorate  Orestiada,  even  though  this 
would  help  to  ensure  a  more  comprehensive  situational  picture  and  allow  the  Police 
Directorate  Orestiada  to  monitor  and  operate  more  effectively  (as  well  as  saving  human 
resources  by  merging  the  two  centres).  The  Commission  requests  Greece  give  details 
concerning these administrative limitations and legally binding obligations.   

Recommendation/action 38: as regards the finalising of the installation of GPS transmitters 
to the patrolling vehicles or units to enable the surveillance centre to monitor their location, it 
was stated that the project was blocked at its initial stage due to financial and other constraints 
and  that  therefore  a  new  study  will  be  launched  for  a  better  technical  and  more  affordable 
solution.  

The Commission requests more details concerning the exact constraints, why a new study is 
needed  and  what  the  foreseen  timeframe  is  for  launching  and  completing  the  study.  The 
Commission considers that the exchange of best practices with other Member States might be 
a more efficient solution.   

3.7 Infrastructure and equipment 

Recommendation/action  44:  the  Action  Plan  presented  by  the  Greek  authorities  states  that 
'appropriate  measures'  will  be  taken  to  extend  the  Visa  Information  System  verification 
application,  in  order  to  provide  the  first  line  with  all  information  stored  in  the  Visa 
Information  System  in  order  to  facilitate  examination  of  the  entry  conditions.  It  should  be 
indicated what measures will be taken and within which timeframe. 

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3.8 General recommendation 

Recommendation/action  50:  as  regards  the  appropriate  measures  to  be  taken  by  Greece  to 
ensure that at all its external borders, border control is carried out and brought in line with the 
Schengen  acquis,  Greece  indicated  that  it  would  closely  cooperate  with  Frontex  in  order  to 
ensure  that  third  country  nationals  at  the  border  with  the  former  Yugoslav  Republic  of 
Macedonia  can  only  leave  the  territory  of  Greece  at  the  designated  border  crossing  points. 
Greece is also finalising its needs assessment for additional personnel needed near the Border 
Crossing Points.  

Due  to  the  latest  developments  in  the  Western  Balkans,  notably  the  fact  that  the  countries 
along the Western Balkan route have put an end to the ‘wave-through’ approach, Frontex has 
proposed  to  adapt  its  operational  support  at  the  Greek  borders  with  the  former  Yugoslav 
Republic of Macedonia (and Albania) in  the framework of  a fully-fledged joint  operation16. 
Given  the  critical  situation  and  Greece's  expressed  need  for  additional  personnel  near  the 
Border  Crossing  Points,  the  Commission  urgently  requests  Greece  to  finalise  the  needs 
assessment and reply positively to Frontex's proposal.  

As  regard  the  remedial  actions  related  to  the  carrying  out  of  more  systematic  checks  on 
migrants in the mainland and near the northern borders to ensure that they are registered and 
their  identity  is  verified,  for  which  instructions  were  sent  out  by  the  Hellenic  Police, 
information  should  be  provided  on  the  supervision/follow-up  mechanism  required  to  check 
that the instructions are fully implemented. 

As far as information about accommodation possibilities from the Hellenic Police to migrants 
who  are  not  staying  in  a  reception/registration  or  detention  centre  is  concerned,  Greece  is 
requested to implement the measures without delay.   

Greece should also monitor the situation closely, including any changes in migration routes, 
and adapt as necessary in order to take all necessary measures, including those identified in 
the Commission recommendation. 

4.  

Conclusion 

In  the  light  of  the  assessment  given  above,  the  Commission  concludes  that  significant 
progress has been made by Greece. However, further improvements are needed to the Action 
Plan presented by the Greek authorities in order to comprehensively address the deficiencies 
identified  in  the  November  2015  evaluation.  In  particular,  for  many  actions,  more  clarity  is 
needed  in  terms  of  timing,  responsibility  and  financial  planning.  Moreover,  some  actions 
cannot  yet  be  considered  adequately  addressed  or  completed.  Finally,  for  some  actions 
substantive  additional  information  or  clarification  is  needed.  The  Commission  requests 
Greece  provide  these  additional  elements  and  clarifications  by  26  April  2016  and  offers  its 
continuous  assistance  in  line  with  the  spirit  of  the  Commission  Communication  "Back  to 
Schengen – a Roadmap".  

16 Letter of 15 March 2016 from Mr Fabrice Leggeri, Executive Director of Frontex, to the General Secretary Mr 
Tzanetos Fillippakos. 

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