REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the application of Council Implementing Decision of 12 May 2016 setting out a Recommendation for temporary internal border control in exceptional circumstances putting the overall functioning of the Schengen area at risk
Date: 2016-09-28
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: Austria, Denmark, Germany, Norway, Sweden, border control, cross-border cooperation, free movement of persons, internal border of the EU, migratory movement

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 28.9.2016  COM(2016) 635 final   REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the application of Council Implementing Decision of 12 May 2016 setting out a Recommendation for temporary internal border control in exceptional circumstances putting the overall functioning of the Schengen area at risk  
 
 
1.  INTRODUCTION 

On  12  May  2016,  the  Council  adopted,  on  the  basis  of  a  Commission  proposal,  an 
Implementing  Decision  setting  out  a  Recommendation  for  temporary  internal  border 
control in exceptional circumstances putting the overall functioning of the Schengen area 
at risk. It is the first time that the specific safeguard procedure of Article 29 of Regulation 
(EU) 2016/399 on a Union Code on the rules governing the movement of persons across 
borders (Schengen Borders Code)1 has been used. 

This  Recommendation  is  addressed  to  the  five  Schengen  Member  States  (Austria, 
Germany,  Denmark,  Sweden  and  Norway)  most  affected  by  the  flows  of  irregular 
migrants coming from Greece in the context of the unprecedented migratory and refugee 
crisis  that  started  in  2015.  It  authorised  these  five  Schengen  Member  States  to  maintain 
proportionate temporary border controls at specific sections of their internal borders for a 
maximum period of six months as from the day of adoption of the Recommendation.  

The reintroduced border control under the Recommendation must be targeted and limited 
in  scope,  frequency,  location  and  time,  to  what  is  strictly  necessary  to  respond  to  the 
serious threat and to safeguard public policy and internal security.  

The necessity, frequency, location and time of controls must be regularly reviewed, and if 
necessary  adjusted,  by  the  Schengen  Member  States  concerned.  The  Schengen  Member 
States  carrying  out  controls  should  report  to  the  Commission  every  two  months  in  line 
with the Recommendation. 

The  Recommendation  notes  that  the  Commission  will  monitor  the  application  of  the 
Recommendation  and  report  to  the  European  Parliament  and  the  Council  after  four 
months as from the date of adoption of this Recommendation.  

The present report contains the findings of the Commission after monitoring the manner in 
which  the  current  temporary  internal  border  controls  are  carried  out,  as  foreseen  by  the 
Council  Recommendation.  It  focuses  on  whether,  as  recommended,  the  reintroduced 
internal border controls by the above Schengen Member States have been limited to what 
is  strictly  necessary  and  proportionate  in  light  of  the  serious  threat  to  public  policy  and 
internal  security  posed  by  the  persistent  risk  of  secondary  movements  of  irregular 
migrants entering via Greece and who might move to other Schengen Member States. It 
also  analyses  whether  the  circumstances  have  changed  so  as  to  require  an  adaptation  of 
the Council Recommendation. 

This report does not prejudge the decision, at the expiry of the six months period foreseen 
by the Recommendation, whether to recommend prolonging or not the current temporary 
internal border controls.  

1 OJ L 77, 23.3.2016, p.1. 

2 

 
 
 
 
 
                                                            
2. FACTS 

All  five  Schengen  Member  States  concerned  prolonged  their  internal  border  controls  at 
the  specific  sections  indicated  in  the  Council  Recommendation  and  notified  accordingly 
the other Member States, the European Parliament and the Commission.  

All five Schengen Member States provided information on the controls and their outcome, 
as  detailed  below.  However,  the  information  provided  differs  substantially  from  one 
Schengen  Member  State  to  another.  Therefore  the  Commission  invites  the  Schengen 
Member States concerned to provide the information listed in Annex II for the next report 
required by the Council Recommendation.  

Austria 

On  13  May  2016,  the  Commission  received  a  notification  from  the  Austrian  authorities 
informing that Austria will implement the Council Recommendation and maintain internal 
border controls at the Austrian-Hungarian and Austrian-Slovenian land border sections in 
line with the Recommendation, from 16 May 2016 until 12 November 2016. 

As the first report from the Austrian authorities on the application of the Recommendation 
was not provided on the due date (16 July 2016), the Commission addressed a reminder to 
Austria on 12 August 2016.  

On  16  August  2016  the  Austrian  Federal  Minister  of  Interior  wrote  to  the  Commission 
informing  that  the  implementation  of  the  border  controls  at  the  relevant  land  border 
sections is in line with the Council Recommendation. Austria confirmed on 9 September 
2016  that  all  checks  are  carried  out  at  the  necessary  level  and  are  limited  in  scope, 
frequency,  time  and  location  and  adjusted  to  the  level  of  the  threat.  Austria  further 
confirmed that the limitation to the free movement of persons and goods could therefore 
largely be avoided.  

The Commission addressed on 9 September 2016 a request for additional information on 
the controls performed and their outcome, to which Austria replied on 13 September 2016. 
For the period going from 16 May till 31 August 2016, Austria provided the total number 
of refusals  of entry  that took  place following the controls (233) and the total  number of 
asylum applications received (12 584)2. 

 Germany 

On  13  May  2016,  Germany  notified  the  Commission  that  it  will  implement  the  Council 
Recommendation  and  maintain  internal  border  controls  at  the  relevant  land  border 
sections until 12 November 2016. 

As the first report from the German authorities on the application of the Recommendation 
was not provided on the due date (12 July 2016), the Commission addressed a reminder to 
Germany on 12 August 2016.  

On 23 August 2016, the Commission received a first letter from the German authorities, 
informing  of  a  higher  number  of  smuggling  activities  due  to  an  altered  and  intensified 
border  management  of  the  Western  Balkans  route.  Germany  notably  put  forward  the 

2 See also tables in Annex 1. 

3 

 
 
                                                            
number  of  about  115 000  third  country  nationals  detected  at  the  German-Austrian  land 
border between January and July 2016 and not meeting the entry conditions as referred to 
in Article 6 of the Schengen Borders Code.  

The  German  authorities  explained  the  system  of  controls  put  in  place  which  consists  of 
alternating  fixed  and  mobile  controls.  They  informed  of  the  good  cooperation  between 
national  and  other  Schengen  Member  States'  police  and  border  authorities  ensuring  that 
the impact on cross-border traffic is limited to the absolute minimum necessary and also 
guaranteeing  road  safety  during  the  controls.  They  finally  confirmed  a  regular 
examination  of  the  scope  and  intensity  of  the  checks  which  remain  limited  to  the  level 
required.  

The Commission addressed on 12 September 2016 a request for additional information on 
the  controls  performed  and  their  outcome,  to  which  Germany  replied  on  14  September 
2016.  Germany  provided,  for  the  period  going  from  12  May  till  31  July  2016,  the  total 
number  of  refusals  of  entry  that  took  place  following  the  controls  (3 077)  and,  for  the 
period going from 12 May till 31 August 2016, the total number of asylum applications 
received (66 919)3. 

Denmark 

Denmark notified on 1 June 2016 that it will implement the Council Recommendation of 
12 May and maintain internal border controls at all Danish ports with ferry connections to 
Germany and at the Danish-German land border until 12 November 2016. 

As the first report from the Danish authorities on the application of the Recommendation 
was not provided on the due date (12 July 2016), the Commission addressed a reminder to 
Denmark on 12 August 2016.  The Danish government informed on 7 September 2016 the 
Commission that the current border control at the border with Germany is deemed to be 
proportionate with regard to scope, frequency, location and time, and is limited to what is 
strictly  necessary  to  respond  to  the  serious  threat  and  to  safeguard  public  policy  and 
internal security in Denmark. It also informed that it considers that there are no grounds, 
at this stage, for phasing out or scaling down the existing border control at the border with 
Germany. 

The  Commission  further  contacted  the  Danish  authorities  on  12  September  2016  with  a 
request for additional information on the controls performed and their outcome, to which 
Denmark  replied  on  14  September  2016.  For  the  period  going  from  12  May  till  11 
September, Denmark provided the total number of persons checked (1 074 406), the total 
number  of  refusals  of  entry  that  took  place  following  the  controls  (1 088)  and  the  total 
number of asylum applications received (1 489), specifying the number of those lodged at 
the internal borders where controls take place (747)4. 

Sweden 

Sweden notified on 2 June 2016 that  it will implement the Council Recommendation  of 
12 May  and  maintain  internal  border  controls  at  the  relevant  border  sections  starting 
8 June 2016, namely at the Öresund Bridge and at the harbours of Trelleborg, Malmö and 

3 See also tables in Annex 1. 
4 See also tables in Annex 1. 

4 

 
 
                                                            
Helsingborg in the Police Region South and at Gothenburg harbour in the Police Region 
West.  

Sweden  sent  to  the  Commission  a  first  report  on  the  implementation  of  the  Council 
Recommendation  on  11  August  2016.  In  this  report,  Sweden  confirmed  that  the  border 
controls  carried  out  pursuant  to  the  Recommendation  are  performed  on  a  strict  basis  of 
necessity and proportionality with regard to the serious threat addressed and the specific 
characteristics of the each border section. Sweden informed that the number of checks on 
persons carried out varies between 10% and 95% of all persons passing through a specific 
internal border crossing point. Sweden also informed that the frequency and intensity of 
checks also varies according to the location. For example, at the Öresund bridge, checks 
are  performed  at  any  hour  since  the  bridge  is  open  to  traffic  24  hours;  at  the  harbours, 
checks  take  place  in  connection  with  each  arrival  of  vessels  and  are  supported  by 
intelligence.  Finally,  Sweden  confirmed  that  it  is  regularly  reviewing  the  necessity, 
frequency, location and time of controls, in line with the Council Recommendation. 

On  24  August  2016,  the  Commission  asked  the  Swedish  authorities  for  additional 
information  and  figures  on  the  controls  performed  and  their  outcome,  to  which  Sweden 
replied  on  1  and  13  September  2016.  For  the  period  going  from  8  June  till  end  August 
2016,  Sweden  reported  an  estimate  of  the  total  number  of  persons  checked  (3 000 000), 
the total number of refusals of entry that took place following the controls (640) and the 
total  number  of  asylum  applications  received  (6 097),  while  specifying  the  number  of 
those lodged at the internal borders where controls take place (166)5. 

Norway 

Norway notified on 10 June 2016 that it will implement the Council Recommendation of 
12  May  and  maintain  internal  border  controls  at  the  relevant  borders  sections  until 
12 November 2016. 

As  the  first  report  from  the  Norwegian  authorities  on  the  application  of  the 
Recommendation  was  not  provided  on  the  due  date  (12  July  2016),  the  Commission 
addressed a reminder to Norway on 12 August 2016.  

On  8  September  2016,  the  Norwegian  authorities  sent  such  report  to  the  Commission. 
Norway informed that targeted border controls are limited to what is strictly necessary to 
respond to the serious threat and to safeguard public policy and internal security. Checks 
on persons are carried out in Oslo, East, South East and West police districts where there 
are  ports  with  ferry  connections  to  Sweden,  Denmark  and  Germany.  According  to  an 
operational  order  from  the  National  Police  Directorate,  police  forces  are  present  at  all 
ferry arrivals and border checks adapted to the specific situation of each ferry connection 
are  carried  out  based  on  intelligence.  Norway  is  regularly  reviewing  the  necessity, 
frequency, location and time of its controls.  

On  12  September  2016,  the  Commission  asked  the  Norwegian  authorities  for  additional 
information  and  figures  on  the  controls  performed  and  their  outcome,  to  which  Norway 
replied on 13 September 2016. For the period going from 12 May till 11 September 2016, 
Norway  provided  the  total  number  of  refusals  of  entry  that  took  place  following  the 
controls  (14)  and  the  total  number  of  asylum  applications  received  (1 088),  while 

5 See also tables in Annex 1. 

5 

 
 
                                                            
specifying  the  number  of  those  lodged  at  the  internal  borders  where  controls  take 
place (2)6. 

3. FINDINGS 

The  present  report  builds  on  the  information  provided  in  the  exchanges  between  the 
Commission  and  the  five  Schengen  Member  States  concerned  (Austria,  Germany, 
Denmark, Sweden, and Norway) on the implementation of the Council Recommendation 
of 12 May 2016. 

The  information  provided  in  the  exchanges  with  the  five  Schengen  Member  States 
concerned, as  detailed above,  shows that these border  controls  have  remained limited to 
the identified  migratory routes  and threats, with focus on the specific  border  sections or 
specific  threats.  No  controls  outside  the  border  sections  enumerated  in  the  Council 
Recommendation appear to have been carried out.  

Furthermore, these controls have been targeted and limited in scope, frequency, location 
and  time;  they  have  been  based  on  intelligence  and  risk  assessment  and  adapted  to  the 
specific border crossings where they take place. Their necessity, frequency, location and 
time were also regularly evaluated by the Schengen Member States concerned.  

Cooperation between the police and border national authorities of the Schengen Member 
States concerned is reported as having been good and efficient. 

The Commission has also received information on the economic impact of the temporary 
internal border controls, notably on the transport and tourism sector. However, according 
to  the  information  at  the  disposal  of  the  Commission  at  this  stage,  including  from  the 
reports of the Schengen Member States concerned, the current border controls have been 
carried out only to the necessary extent and have been limited in their intensity. While a 
certain  economic  impact  cannot  be  excluded,  it  appears  that  the  crossing  of  the  internal 
borders by the general public has thus been impeded as little as possible.  

Taking into account the above, it can be concluded that internal border controls carried out 
by Austria, Germany, Denmark, Sweden and Norway have been proportionate and in line 
with the Council Recommendation.  

The  unprecedented  migratory  flows  of  persons  seeking  protection  and  entering  the  EU 
since  the  autumn  of  2015  put  considerable  pressure  on  Member  States.  The  secondary 
movements  of  irregular  migrants  posed  a  serious  threat  to  public  policy  and  internal 
security  in  several  Member  States.  Several  Schengen  Member  States  reintroduced 
temporary  controls  at  their  internal  borders  in  order  to  streamline  the  previous  mass 
arrivals  of  up  to  several  thousands  of  migrants  per  day,  according  to  the  reception 
capacities.  In  this  respect,  the  necessity  of  limited  internal  border  controls  has  been 
recognised7 as helping processing the backlog and the incoming flows, as well as ensuring 
a  thorough  application  of  the  relevant  EU  legislation,  thus  protecting  to  a  certain  extent 

6 See also tables in Annex 1. 
7 See also Commission opinion of 23.10.2015 on the necessity and proportionality of the controls at the internal 
borders reintroduced by Germany and Austria (C(2015) 7100 final). 

6 

 
 
 
                                                            
from the threat to public policy and internal security posed by the secondary movements 
of irregular migrants8.  

At  the  same  time,  the  information  and  figures  on  the  controls  performed  by  Schengen 
Member States under the Council Recommendation of 12 May, as summarised in the table 
annexed to this report, show a diminishing trend in both the number of persons to whom 
entry  is  refused,  as  well  as  in  the  number  of  asylum  applications  received,  especially  in 
comparison with the high figures of the first months of the migratory crisis.  

This  is  partly  due  to  the  implementation  of  the  EU-Turkey  Statement,  resulting  in  a 
considerable reduction of migrants’ arrivals.  

These figures however should be considered in the context of the exceptional length of the 
migratory crisis. The large numbers of arrivals in the EU since the autumn 2015 and of the 
subsequent asylum requests have already posed substantial challenges to all EU Member 
Member  States  and  thus  must  be  also  taken  into  account.  Challenges  such  as  ensuring 
adequate reception of migrants and asylum seekers, processing the remaining backlog of 
asylum  applications,  integration  of  recognised  applicants  and  managing  further  arrivals 
continues to put a strain on the functioning of the administrations of these Member States 
and their asylum systems.  

In  addition,  according  to  the  information  available  to  the  Commission,  there  is  still  an 
important number of irregular migrants in Greece who may seek to move north. 

Finally,  it  is  important  to  underline  that  several  of  the  legislative  initiatives  and  actions 
undertaken by the Union in order to reinforce its external border management are not, at 
the time of this report, yet in place and fully operational. For example, the Regulation on 
the European Border and Coast Guard will enter into force on 6 October 20169. Frontex, 
the  Commission  and  Member  States  are  currently  working  intensively  to  render  it 
operational as soon as possible. In addition to the support being provided by Frontex for 
example in Greece and Bulgaria, the response capability of Frontex  will be considerably 
strengthened  once  the  rapid  reaction  and  equipment  pools  are  fully  established  by 
6 December 2016 and the return pools by 6 January 2017, as required by the Regulation.  

The  continued  efficient  implementation  of  the  EU-Turkey  of  18  March  2016  Statement 
also  remains  an  important  factor.  The  third  Report  on  the  Progress  made  in  the 
implementation  of  the  EU-Turkey  Statement10  shows  that  the  EU-Turkey  Statement 
continues to deliver results in spite of the continuing challenges. 

Taking  into  account  the  above,  it  appears  thus  that,  at  the  time  of  the  present  report, 
maintaining temporary internal border control is still necessary and provides an adequate 
response to the identified threat to internal security and public policy as it contributes to 
restoring order in the flows of persons crossing specific internal borders and as such curbs 
the secondary movements. 

Such control should however, in line with the Council Recommendation, remain targeted, 
limited  in  their  intensity  to  the  absolute  minimum  necessary  and  impeding  as  less  as 
possible the crossing of the respective internal borders for the general public. 

8 See recital 15 of the Council Recommendation.  
9  Regulation (EU) 2016/1624. 
10 COM(2016) 634  

7 

 
 
                                                            
The  Schengen  Member  States  are  invited  to  provide  in  their  next  report  pursuant  to  the 
Recommendation, by 18 October 2016, the information listed in Annex II to the present 
report. 

4. CONCLUSION 

In  light  of  the  above,  the  Commission  is  of  the  view  that  the  temporary  border  control 
carried out by Austria, Germany, Denmark, Sweden and Norway pursuant to the Council 
Recommendation  of  12  May  has  remained  within  the  conditions  set  by  the  Council. 
Furthermore,  based  on  the  information  available  and  the  reports  from  the  Schengen 
Member  States  concerned,  the  Commission  does  not  see  a  need  for  proposing 
amendments to the Recommendation at this stage.  

The  Commission  underlines  that  the  present  report  does  not  prejudge  the  decision  to  be 
taken,  before  the  expiry  of  the  period  foreseen  in  the  Recommendation  (12  November 
2016), to prolong or not the current temporary internal border controls. The Commission 
recalls that in accordance with Article 29(2) of the Schengen Borders Code, the Council, 
on a proposal from the Commission, may recommend a prolongation in accordance with 
the conditions and procedure followed for the adoption of the initial Recommendation.  

8 

 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX I 

(1)  Total  number  of  persons  checked  since  the  beginning  of  the  application  of  the  Council 
Recommendation 

May 2016 

June 2016 

July 2016 

August 2016  Total 

Member 
State 
Austria 
Germany 
Denmark 
Sweden 

Austria does not collect such numbers. 
Germany does not collect such numbers. 
Denmark has not provided monthly breakdowns. 

Not 
applicable. 

424 500 

1 235 000 

1 088 000 

- 
- 
1 074 406 
ca. 3 000 000 
(including 
early 
September) 
- 

Norway 

Norway does not collect such numbers. 

(2)  Total  number  of  refusals  of  entry  following  controls  pursuant  to  the  Council 
Recommendation 

Member 
State 
Austria 
Germany 

Denmark 
Sweden 

Norway 

May 2016 

June 2016 

July 2016 

August 2016  Total 

41 
912 

65 
885 

73 
1 280 

54 
Figures not 
yet available. 

Denmark did not provide monthly breakdowns. 

Not 
applicable. 
- 

196 

3 

276 

9 

168 

2 

233 
3 077 

1 008 
640 

14 

(3)  Total  number  of  asylum  applications  received  since  the  beginning  of  the  application  of  the 
Council Recommendation 

Member 
State 
Austria 
Germany 
Denmark 
Sweden 

Norway 

May 2016 

June 2016 

July 2016 

August 2016  Total 

Austria did not provide monthly breakdowns. 

16 281 
247 
Not 
applicable. 

16 335 
464 
2 140 

16 160 
404 
2 195 

18 143 
290 
2 437 

Norway did not provide monthly breakdowns. 

12 584 
66 919 
1 489 
6 097 

1 088 

(4) Total number of asylum applications lodged at the internal borders where controls take place 
pursuant to the Council Recommendation 

Member 
State 
Austria 
Germany 
Denmark 
Sweden 

Norway 

May 2016 

June 2016 

July 2016 

August 2016  Total 

Austria does not collect these numbers. 
Germany does not collect these numbers. 
Denmark did not provide monthly breakdowns. 

Not 
applicable. 
- 

42 

1 

73 

1 

51 

0 

- 
- 
747 
166 

2 

NB. Please note that some of the above figures are only estimates received from the Schengen 
Member States concerned.  

9 

 
 
ANNEX II 

With regard to the internal borders where controls take place pursuant to the Council Recommendation 
of 12 May 2016, the Schengen Member States concerned are asked to provide the following monthly 
information:  

1)  The number of persons crossing; 
2)  The number of persons checked;  
3)  The number of refusals of entry; 
4)  The number of asylum applications registered/lodged; 
5)  Information  on  the  nature  of  the  checks,  their  level  and  intensity,  and  the  way  they  are 

performed; 

6)  Statistics on the delays for the general public and the commercial flow. 

The Schengen Member States are requested to provide this information for controls carried out until 
15 October 2016. If possible, a weekly breakdown should be provided. 

10