Proposal for a COUNCIL IMPLEMENTING DECISION setting out a Recommendation for prolonging temporary internal border control in exceptional circumstances putting the overall functioning of the Schengen area at risk
Date: 2017-01-30
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: Austria, Denmark, Germany, Norway, Schengen Agreement, Sweden, border control, illegal migration, internal border of the EU, right of asylum

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   EUROPEAN COMMISSION  Brussels, 30.1.2017  COM(2017) 40 final/2 2017/0014 (NLE)   CORRIGENDUM Annule et remplace le document COM (2017) 40 final du 25.1.2017. Concerne la version EN uniquement. Erreur administrative sur la page de couverture: ajout du numéro interinstitutionnelle. Proposal for a COUNCIL IMPLEMENTING DECISION setting out a Recommendation for prolonging temporary internal border control in exceptional circumstances putting the overall functioning of the Schengen area at risk  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

In 2015, a number of EU Member States reintroduced temporary border controls, following 
record  flows  of  migrants  arriving  in  the  European  Union  and  important  secondary 
movements. This situation constituted a serious threat to public policy or internal security in 
several Schengen States1.  

Threats  were  due  to  serious  deficiencies  in  ensuring  efficient  border  control  at  parts  of  the 
Union's  external  border,  which  put  the  functioning  of  the  entire  Schengen  area  at  risk. 
Therefore,  the  Council  recommended2,  on  a  proposal  from  the  Commission3,  that  the  five 
Schengen  States  the  most  affected  (Austria,  Germany,  Denmark,  Sweden  and  Norway) 
maintain proportionate temporary border control at a limited number of their internal border 
sections, for a period of six months.  

The triggering of Article 29 of the Schengen Borders Code and the adoption of a coordinated 
approach  at EU  level to  temporary  border  controls  were  among  the initiatives  envisaged  by 
the  Back  to  Schengen  Roadmap4,  which  aimed  at  creating  conditions  for  lifting  all  internal 
border controls and returning to a normally functioning Schengen area as soon as possible.  

On  11  November  2016,  the  Council  adopted,  on  a  proposal  by  the  Commission,  an 
Implementing  Decision  under  Article  29  of  the  Schengen  Borders  Code  setting  out  a 
Recommendation  for  prolonging 
in  exceptional 
circumstances putting the overall functioning of the Schengen area at risk. It was considered 
that the consequences of the exceptional circumstances that led to the triggering of Article 29 
still persisted. 

internal  border  control 

temporary 

This  Recommendation  was  addressed  to  the  same  five  Schengen  States  (Austria,  Germany, 
Denmark, Sweden and Norway), concerned the same internal border sections in these States 
and allowed for the maintenance of targeted and proportionate controls for a further period of 
three  months,  namely  until  12  February  2017.  The  reintroduced  border  control  was 
nevertheless submitted to stricter conditions than under the Recommendation of 12 May 2016 
and a detailed monthly reporting obligation for the Schengen States concerned5. 

Under Articles 25 and 29 of the Schengen Borders Code, this period can be again prolonged 
in  accordance  with  the  conditions  and  procedure  set  out  in  Article  29  if  the  exceptional 
circumstances persist.  

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Chronologically, Germany, Austria, Slovenia, Hungary, Sweden, Norway, Denmark. 
Council  Implementing  Decision  (EU)  2016/894  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 (OJ L 151/8). 
Commission  proposal  for  a  Council  Implementing  Decision  setting  out  a  recommendation  for 
temporary  internal  border  control  in  exceptional  circumstances  putting  the  overall  functioning  of  the 
Schengen area at risk, COM(2016)275 final of 4 May 2016. 
Communication  from  the  Commission  to  the  European  Parliament,  the  European  Council  and  the 
Council of 4.3.2016, "Back to Schengen – A Roadmap", COM(2016) 120 final. 
Following the Recommendation of 11 November 2016, all five Schengen States concerned notified the 
Commission that they would carry out the recommended temporary internal border control. 

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This Recommendation is without prejudice to additional possibilities available to all Member 
States,  including  the  five  affected  Member  States,  under  the  general  rules  for  temporary 
reintroduction of internal border control in the event of another serious threat to public policy 
or internal security, not linked to the serious deficiencies in the management of the external 
border.  For  example  during  the  period  of  application  of  the  Recommendation  of  12  May 
2016,  France,  not  concerned  by  this  Recommendation,  notified  the  reintroduction  and 
subsequent maintenance of border controls at its internal borders based on grounds related to 
foreseeable events and terrorist threats6.  

In addition, as is recognised by Article 23 of the Schengen Borders Code, Member States can 
carry out police checks in border areas, as long as those do not have an effect equivalent to 
border  checks.  The  available  intelligence  and  increased  level  of  threat  can  justify  the 
intensification of such checks, including on key transport networks with cross-border police 
cooperation,  which  can  be  instrumental  in  responding  both  to  uncontrolled  secondary 
movements and terrorism. With a view to returning to a normal functioning of Schengen and 
gradually  phasing  out  the  current  temporary  internal  border  controls,  the  Commission 
encourages Member States to make use of this possibility.  

It  should  also  be  highlighted  that  neither  carrying  out  police  checks  in  border  areas  nor 
reintroduced  border  controls  can  provide  full  security  on  their  own,  as  demonstrated  by  the 
recent terrorist attack in Berlin. Therefore the increased and effective cooperation at all levels 
of relevant services among Member States fighting terrorism (exchange of intelligence, police 
cooperation  and  use  of  EU  databases)  remains  fundamental  in  ensuring  full  security  in  the 
Schengen area. 

include 

implemented7.  The  border  control-related  measures 

In the meantime, a series of measures proposed by the Commission for better managing the 
external borders of the Union and protecting the Schengen area have been implemented or are 
the 
being 
operationalisation of the European Border and Coast Guard, the establishment of the hot-spots 
and  the  upcoming  systematic  checks  against  relevant  databases  for  all  people  crossing  the 
external  border.  The  external  borders  of  the  EU  are  today  better  protected  and  equipped  to 
react  to  a  new  crisis  due  to  the  newly  established  European  Border  and  Coast  Guard.  The 
Commission  will  continue  to  closely  cooperate  with  the  European  Border  and  Coast  Guard 
Agency  and  ensure  that  all  obligations  foreseen  by  the  European  Border  and  Coast  Guard 
Regulation  are  met.  Those  measures  should  lead  to  a  much  better  protection  of  the  EU 
external  border,  which  is  an  indispensable  prerequisite  to  the  lifting  of  the  temporarily 
reintroduced internal border controls and the restoration of a normally functioning Schengen 
area8.  

inter  alia 

The  Commission  is  fully  aware  that  future  migratory  flows  at  any  EU  border  section  may 
pose a serious threat to public policy or internal security in one or several Member States. For 
this reason actions are taken at different border sections at sea and on land to take coordinated 
action, including through additional efforts on the Central Mediterranean route9, through the 

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Euro 2016/Tour de France, state of emergency following the Nice attack. 
Commission proposal for a Regulation of the European Parliament and of the Council on the European 
Border and Coast Guard, COM (2015)671 final; Commission proposal for a Regulation of the European 
Parliament and of the Council amending Regulation No 562/2006 (EC) as regards the reinforcement of 
checks against relevant databases at external borders, COM(2015)670 final. 
Communication  from  the  Commission  to  the  European  Parliament,  the  European  Council  and  the 
Council "Back to Schengen – A Roadmap", COM(2016)120 final. 
See Communication from the Commission to the European Parliament, the European Council and the 
Council "On Central Mediterranean route", JOIN(2017) 4 final. 

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Partnership  Framework,  and  by  taking  additional  action  on  the  relevant  sections  of  the 
external borders. The Commission also recognises that new security challenges have arisen in 
the  past  years,  as  demonstrated  by  the  very  recent  terrorist  attack  in  Berlin.  In  this  respect, 
whilst the current legal framework has been sufficient to address challenges faced until now, 
the Commission is reflecting on whether it is sufficiently adapted to address evolving security 
challenges.  

The Commission is committed to continue working in order to ensure that the tools already in 
place are fully used as well as on the necessary new initiatives in order to further stabilise the 
situation,  mindful  of  the  fact  that  the  disadvantages  of  prolonged  internal  border  controls, 
namely the high economic costs and the obstacles to the free movement of citizens, have to be 
balanced against the results obtained by the internal border controls carried out so far. 

Current situation 

Based on the monthly reports submitted to the Commission by the Schengen States concerned 
and on all the information at its disposal, the Commission can conclude that the controls have 
remained  within the conditions set  by the Recommendation.  The controls  have been carried 
out only when necessary, they have remained proportionate, targeted, limited in their intensity 
and impeding as little as possible the crossing of the respective internal borders by the general 
public. 

The  information  provided  by  the  Schengen  States  in  their  reports  confirms  the  trend  that 
emerged  with  the  reports  under  the  Recommendation  of  12  May  2016  (reduction  in  the 
number of persons to whom entry is refused, as well as in the number of asylum applications 
received) and thus the progressive stabilisation of the situation.  

It is true that the number of arrivals of irregular migrants and asylum seekers in the European 
Union  also  continued  to  decrease  during  the  period  covered  by  the  Recommendation.  Yet, 
while the launch and operationalisation of the European Border and Coast Guard Agency and 
the continued implementation of the EU-Turkey  Statement of 18 March 2016 represent  key 
steps in managing the situation, an average of 81 persons continue arriving daily in the Greek 
islands. 

Moreover,  there  are  still  a  significant  number  of  irregular  migrants  and  asylum  seekers  in 
Greece  (between 50 000 and  60 000, out  of which 16 000 are on the islands). The Hotspots 
and  camps  in  Greece  remain  overcrowded  due  to  insufficient  progress  in  processing, 
relocations and returns and, based on previous experience, the risk of secondary movement of 
these  irregular  migrants  to  other  Member  States  remains.  In  addition,  the  situation  in  the 
Western  Balkans  remains  fragile  with,  for  instance,  7 000  migrants  currently  in  Serbia.    It 
follows that the overall situation still remains fragile and further efforts remain necessary in 
order  to  continue  reducing  the  numbers.  The  consequences  of  the  exceptional  migratory 
circumstances that constitute a serious threat to public policy and internal security and put at 
the risk the functioning of the whole Schengen area thus persist. 

Way forward 

Despite  the  important  progress  achieved,  the  conditions  set  out  in  the  Roadmap  "Back  to 
Schengen"  in  order  to  allow  lifting  all  internal  border  controls  and  returning  to  a  normally 
functioning Schengen area are not entirely fulfilled.  

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In  particular,  at  this  stage,  the  number  of  migrants  remaining  in  Greece  may  be  still  of 
concern  and may justify maintaining appropriate measures. The situation along the Western 
Balkans  route  remains  fragile  and  the  Member  States  most  affected  by  the  secondary 
movements  of  irregular migrants  coming  from  Greece remain  exposed  to  the  risk related to 
the irregular movements. 

The European Border and Coast Guard Agency has entered into force in record time and is 
being rapidly rolled out10, including to allow to assist Greece at the Northern Greek external 
border as of February 2017. The cooperation between the European Border and Coast Guard 
Agency and third countries is also advancing: the Commission has submitted to the Council a 
request  for  a  negotiating  mandate  for  a  status  agreement  to  be  concluded  with  two 
neighbouring  third  countries  (Serbia  and  former  Yugoslav  Republic  of  Macedonia).  This 
process  of  rolling  out  the  European  Border  and  Coast  Guard  is  ongoing  and  needs  further 
efforts.  

Furthermore,  the  application  of  existing  Dublin  rules  in  Greece  will  only  be  progressively 
restored starting as of mid-March and further efforts are needed to ensure full participation of 
Greece  in  this  system  in  line  with  the  Commission's  recommendations,  irrespective  of  the 
ongoing  work  on  improving  these  rules.  In  addition,  the  emergency  relocation  schemes 
already in place since September 2015 must  continue to  deliver concrete results in terms of 
numbers  of  relocated  persons.  Finally,  returns  of  persons  not  having  the right  to  stay  in  the 
European Union must be further stepped up.  

As  those  elements  point  towards  the  persistence  of  exceptional  circumstances,  the 
Commission considers it justified to allow Austria, Germany, Denmark, Sweden and Norway 
to  prolong  the  current  internal  border  controls  as  an  exceptional  measure  for  a  further 
proportionate period. Based on the factual indicators available at this stage, the prolongation 
should not exceed three months. The Commission will continue to work with these Member 
States to gradually phase out temporary internal border controls. 

Scope of the proposal  

The five Member States currently carrying out temporary internal border control pursuant to 
the Council Recommendation of 11 November 2016 should be permitted to continue doing so 
for three months under strict conditions.   

However,  given  the  progressive  stabilisation  of  the  situation  and  the  objective  of  gradually 
phasing  out  temporary  internal  border  controls,  the  Member  States  concerned  should  first 
consider  whether  other  measures,  in  particular  police  checks  near  the  border  in  a  manner 
compatible with Article 23 of the Schengen Borders Code, can sufficiently address the threats 
identified11 and only introduce effective border checks at the internal borders concerned as a 
measure of last resort. Accordingly, the Member States that decide to maintain internal border 
control  pursuant  to  the  present  Recommendation  should,  before  opting  for  continuation, 
examine  all  available  alternative  measures  to  border  controls.  These  Member  States  should 

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See Communication on operationalisation of the European Border and Coast Guard, COM(2017) 42 
The  Court  of  Justice  has  ruled  that  the  four  little  Roman  figures  (i)  to  (iv)  in  Article  23  lit.a  of  the 
Schengen  Borders  Code  (Regulation  2016/399)  are  just  an  example,  they  are  not  a  straightjacket 
prescribing the only possible police measures of Member States in a border area (case Adil, C-278/12 
PPU,  point  65).  This  judgement  concerns  national  legislation  or  practice  which  is  limited  to  border 
areas.  Where  the  police  powers  are  applicable  across  the  territory  of  the  Member  State  without 
distinction,  the  chance  that  their  application  falls  foul  of  the  ban  on  measures  equivalent  to  border 
checks is smaller. 

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inform of the outcome of this examination in their notification on the maintenance of internal 
border controls to the other Member States, the European Parliament and the Commission. 

The requirements under the Recommendation  of 11  November 2016 concerning the weekly 
review  by  the  Member  States  concerned  of  the  necessity,  frequency,  location  and  time  of 
controls, adjustment of the controls to the level of the threat addressed, and phasing them out 
wherever  appropriate,  remain  in  place  for  this  Recommendation.  The  Member  States 
concerned should also continue regularly consulting with the relevant Member State(s) with a 
view to ensuring that internal border controls are only carried out at those parts of the internal 
border  where  it  is  considered  necessary  and  proportionate  in  accordance  with  the  Schengen 
Borders Code. 

The  detailed  reporting  obligation  introduced  by  the  Council  Recommendation  of  11 
November  2016  will  continue  to  apply.  After  each  month  of  implementation  of  the  present 
Recommendation,  the  Member  States  concerned  should  promptly  report  to  the  Commission 
on  the  outcome  of  the  controls  carried  out  and  on  the  assessment  concerning  the  continued 
necessity  of  such  controls,  when  applicable.  This  report  should  at  least  include  the  total 
number  of  persons  checked,  the  total  number  of  refusals  of  entry  following  the  checks,  the 
total number of return decisions issued following the checks and the total number of asylum 
applications received at the internal borders where the checks take place. 

The  Commission  will  closely  monitor  the  application  of  the  Recommendation  and  the 
situation on the ground. 

• 

Consistency with existing policy provisions in the policy area 

This recommendation serves to implement the existing provisions in the policy area. 

• 

Consistency with other Union policies 

This  recommendation  has  links  with  the  Union's  internal  market  and  migration  and  asylum 
policy. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Article 29 of Regulation (EU) No 2016/399 of the European Parliament and of the Council of 
9  March  2016  on  a  Union  Code  on  the  rules  governing  the  movement  of  persons  across 
borders (Schengen Borders Code). 

• 

Subsidiarity (for non-exclusive competence)  

Article  29  of  Regulation  (EU)  No  2016/399  specifies  that  the  Council  shall  adopt  a 
recommendation for temporary internal border control on the basis of a Commission proposal. 

Action  at  Union  level  is  required  where  the  overall  functioning  of  the  area  without  internal 
border controls is put at risk. 

• 

Proportionality 

The present proposal does not go beyond what is necessary to achieve the objective pursued. 

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RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

3. 

• 

n.a. 

• 

Stakeholder consultations 

Given the urgency of the proposal, a stakeholder consultation was not feasible. 

Collection and use of expertise 

• 

n.a. 

• 

Impact assessment 

In  view  of  the  limited  time  frame  envisaged  and  considering  the  data  submitted  by  the 
Member  States  concerned  and  those  available  concerning  the  situation  in  Greece,  a  fully-
fledged impact assessment was not prepared. 

Regulatory fitness and simplification 

• 

n.a. 

• 

Fundamental rights 

The  protection  of  fundamental  rights  was  taken  into  account  during  the  drafting  of  the 
proposal. 

4. 

BUDGETARY IMPLICATIONS 

The proposed measure has no implications for the EU budget. 

OTHER ELEMENTS 

5. 

n.a. 

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2017/0014 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING DECISION 

setting out a Recommendation for prolonging temporary internal border control in 
exceptional circumstances putting the overall functioning of the Schengen area at risk 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union,  

Having  regard  to  Regulation  (EU)  No  2016/399  of  the  European  Parliament  and  of  the 
Council of 9 March 2016 on a Union Code on the rules governing the movement of persons 
across borders (Schengen Borders Code)12, and in particular Article 29 thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

In accordance with Article 29 of the Schengen Borders Code, the Council adopted on 
12 May 2016, on a proposal from the Commission, 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.  

The  Council  recommended  that  five  Schengen  States  (Austria,  Germany,  Denmark, 
Sweden  and  Norway)  maintain  proportionate  temporary  border  control  at  a  limited 
number of their internal border sections, for a period of six months, in order to address 
the  serious  threat  to  public  policy  and  internal  security  in  these  States  by  the 
combination  of  deficiencies  in  external  border  control  in  Greece  and  the  secondary 
movements of irregular migrants entering via Greece and who may intend to move to 
other Schengen States. This period was prolonged by the Council on a proposal from 
the Commission for another three months on 11 November 2016.  

Under  Articles  25  and  29  of  the  Schengen  Borders  Code,  the  initial  period 
the  exceptional 
the  Council  can  be  further  prolonged 
recommended  by 
circumstances persist.  

if 

The  Recommendation  of  11  November  2016  required  that  the  Schengen  States 
concerned  report  monthly  to  the  Commission  on  the  outcome  of  the  controls  carried 
out and on the assessment concerning the continued necessity of such controls, when 
applicable.  The  Commission  received  such  reports  from  all  the  Schengen  States 
concerned. The information contained  in  these reports demonstrates that the controls 
have  remained  within  the  conditions  set  by  the  Recommendation.  It  also  confirms  a 
progressive stabilisation of the situation in these States, with a continuous reduction in 
the  number  of  persons  to  whom  entry  is  refused,  as  well  as  the  number  of  asylum 
applications received. 

(5) 

However,  despite  this  progress,  the  conditions  set  out  in  the  Roadmap  "Back  to 
Schengen"  in  order  to  allow  lifting  all  internal  border  controls  and  returning  to  a 
normally  functioning  Schengen  area  are  still  not  entirely  fulfilled.  An  important 

12 

OJ L 77, 23.3.2016, p. 1. 

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(6) 

(7) 

(8) 

(9) 

number of irregular migrants still remains in Greece and, based on trends observed in 
the  past,  the  Member  States  most  affected  by  the  secondary  movements  of  irregular 
migrants  coming  from  Greece  remain  exposed  to  the  risk  related  to  their  irregular 
movements. 

In its Communication "Back to Schengen – A Roadmap", the Commission identified 
the different policies to be put in place to return to a fully functioning Schengen Area. 
The European Border and Coast Guard Agency is now swiftly becoming operational, 
allowing it to provide assistance to Greece at the Northern Greek external border as of 
February 2017.  

Another element identified in the Back to Schengen Roadmap is the implementation of 
the EU-Turkey Statement. The fourth progress report13 confirms the trend of a steady 
delivery  of  results,  albeit  in  the  face  of  many  challenges.  This  implementation 
nevertheless  needs  to  be  constantly  monitored.  The  same  applies  to  the  cooperation 
agreed upon in the Statement of the Western Balkans Route Leaders meeting. 

The  exceptional  circumstances  constituting  a  serious  threat  to  public  policy  and 
internal  security  and  putting  at  risk  the  overall  functioning  of  the  Schengen  area 
therefore still persist. 

In  light  of  the  facts  above,  it  appears  therefore  justified,  as  a  last  resort  measure,  to 
allow  a  further  prolongation  of  the  temporary  border  controls  at  the  internal  borders 
concerned  by  the  Schengen  States  currently  carrying  out  such  controls,  namely 
Austria,  Germany,  Denmark,  Sweden  and  the  associated  country  Norway,  in 
accordance with Article 29 of the Schengen Borders Code.  

(10)  Based  on  the  factual  indicators  available  at  this  stage,  this  prolongation  should  not 
exceed  three  months  as  from  the  date  of  adoption  of  the  present  Implementing 
Decision. 

(11)  The Member States that decide to continue carrying out internal border control under 
the  present  Implementing  Decision  should  notify  the  other  Member  States,  the 
European Parliament and the Commission accordingly. 

(12)  Before  opting  for  such  controls,  the  Member  States  concerned  should  examine 
whether other measures alternative to border controls could not be used to effectively 
remedy  the  identified  threat,  such  as  the  exercise  of  police  powers  in  a  manner 
compatible with Article 23 of the Schengen Borders Code, and decide to reintroduce 
border controls at the internal borders concerned only as a measure of last resort, when 
such  less  restrictive  measures  for  cross-border  traffic  cannot  sufficiently  address  the 
threats identified. The Member States concerned should inform of the outcome of this 
reflection and the reasons for opting for border controls in their notifications. 

(13)  The  controls  under  the present Implementing  Decision  should  continue  to  be  carried 
out  only  to  the  necessary  extent,  limited  in  their  intensity  to  the  absolute  minimum 
necessary and adjusted to the circumstances. Accordingly, it can be envisaged that any 
further  decrease  of  the  flow  should  lead  to  suspending  the  controls  at  given  border 
sections.  Only  targeted  controls,  based  on  constantly  updated  risk  analysis  and 
intelligence, should be carried out, in order to optimise the benefit of the controls and 
limit their negative effects on free movement. The Schengen States affected by these 
controls  at  the  relevant  border  sections  should  be  admitted  to  regularly  express  their 

13 

Fourth Report on the Progress made in the implementation of the EU-Turkey Statement (COM(2016) 
792). 

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views  on  their  necessity;  the  Schengen  State  having  decided  to  reintroduce  such 
controls  should  take  these  views  into  account  when  examining  and  reviewing  the 
necessity of such checks, with the objective of progressively reducing them. 

(14)  At the end of each month of implementation of the present Implementing Decision, a 
complete report on the results of the checks carried out should be promptly sent to the 
Commission,  together  with  an  assessment  of  their  continuous  necessity  when 
applicable.  This  report should  include  the total  number  of  persons  checked,  the total 
number of refusals of entry following the checks, the total number of return decisions 
issued  following  the  checks  and  the  total  number  of  asylum  applications  received  at 
the internal borders where the checks take place. 

(15)  The  Council  takes  note  that  the  Commission  has  announced  that  it  will  continue 
working with the Schengen States concerned to gradually phase out temporary internal 
border  controls  with  the  objective  of  returning  to  a  normal  functioning  of  the 
Schengen area as soon as possible. 

(16)  The  Council  also  takes  note  that  the  Commission  has  announced  that  it  will  closely 

monitor the application of this Implementing Decision. 

HEREBY RECOMMENDS:  

1. 

Austria,  Germany,  Denmark,  Sweden  and  Norway  to  prolong  proportionate, 
temporary border controls for a maximum period of three months, starting from the 
day of adoption of this Implementing Decision, at the following internal borders: 

– 

– 

– 

– 

– 

Austria  at  the  Austrian-Hungarian  land  border  and  Austrian-Slovenian  land 
border; 

Germany at the German-Austrian land border; 

Denmark  in  the  Danish  ports  with  ferry  connections  to  Germany  and  at  the 
Danish-German land border; 

Sweden in the Swedish harbours in the Police Region South and West and at 
the Öresund bridge; 

Norway in the Norwegian ports with ferry connections to Denmark, Germany 
and Sweden. 

this 
Before  deciding  on  further  prolongation  of  such  controls  based  on 
Recommendation,  the  Member  States  concerned  should  exchange  views  with  the 
relevant  Member  State(s)  with  a  view  to  ensuring  that  internal  border  controls  are 
carried out only where it is considered necessary and proportionate. Furthermore, the 
Member States concerned should ensure that internal border controls are only carried 
out as a last resort measure when other alternative measures cannot achieve the same 
effect, and only at those parts of the internal border where it is considered necessary 
and  proportionate,  in  accordance  with  the  Schengen  Borders  Code.  The  Member 
States  concerned  should  notify  the  other  Member  States,  the  European  Parliament 
and the Commission accordingly. 

Border control should remain targeted, based on constantly updated risk analysis and 
intelligence,  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  Member  State  that  carries  out  internal  border  control  pursuant  to  the 
present  Implementing  Decision  should  review  weekly  the  necessity,  frequency, 
location and time of controls, adjust the intensity of the controls to the level of the 

2. 

3. 

EN 

10 

   EN 

threat addressed, phasing them out wherever appropriate, and report promptly to the 
Commission every month. 

Done at Brussels, 

For the Council 
The President 

EN 

11 

   EN