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: 2017-05-02
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

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   EUROPEAN COMMISSION  Brussels, 2.5.2017  COM(2017) 226 final 2017/0095 (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  
 
 
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  overall  functioning  of  the  Schengen  area  at  risk.  In 
accordance  with  Article  29  of  the  Schengen  Borders  Code,  a  coordinated  approach  at  EU 
level  was  adopted  through  a  Recommendation  by  the  Council2,  on  a  proposal  from  the 
Commission3,  to  the  five  Schengen  States  most  affected  (Austria,  Germany,  Denmark, 
Sweden and Norway) to maintain proportionate temporary border control at limited sections 
of their internal borders.  

The triggering of Article 29 of the Schengen Borders Code and the adoption of a coordinated 
approach at EU level to temporary border control 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. 

The  Council  initially  recommended  the  maintenance  of  proportionate  temporary  internal 
border control for a period of six months. The Council prolonged, in accordance with Article 
29,  twice  its  Recommendation5,  for  three  months  each  time,  for  the  same  five  Schengen 
States. At the same time, the Council noted the improvement of the overall situation due to 
the  various  measures  taken.  Therefore,  the  reintroduced  border  control  was  submitted  to 
stricter  conditions  and  a  detailed  monthly  reporting  obligation  for  the  Schengen  States 
concerned was imposed.  

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

The  Recommendations  adopted  by  the  Council  are  without  prejudice  to  the  additional  tools 
available  to  all  Member  States,  including  the  five  Schengen  States  concerned,  under  the 

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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, 8.6.2016, p.8-11). 
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, "Back to Schengen – A Roadmap", COM(2016) 120 final of 4 March 2016. 
Council Implementing Decision (EU) 2016/1989 of 11 November 2016 setting out a recommendation 
for  prolonging  temporary  internal  border  control  in  exceptional  circumstances  putting  the  overall 
functioning  of  the  Schengen  area  at  risk  (OJ  L  306,  15.11.2016,  p.13-15)  and  Council  Implementing 
Decision  (EU)  2017/246  of  7  February  2017  setting  out  a  recommendation  for  prolonging  temporary 
internal  border  control  in  exceptional  circumstances  putting  the  overall  functioning  of  the  Schengen 
area at risk (OJ L 36, 11.2.2017, p.59-61). 

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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  deficiencies  in  the 
management of the external border. For example, during this period, France, which was not 
concerned  by  the  Recommendations,  reintroduced  and  maintained  border  control  at  all  its 
internal  borders  for  reasons  related  to  persistent  terrorist  threats.  Sweden  notified  the 
reintroduction of temporary border controls at all internal borders for the period from 7 until 
15 April 2017 following the terror attack in Stockholm. 

The  Commission  is  fully  aware  that  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 route6, through the 
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  attacks  in  Berlin,  Stockholm  or 
Paris.  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 the 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  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 by the five Schengen States concerned, as well as on 
all  the  information  at  its  disposal,  the  Commission  can  conclude  that  the  controls  have 
remained within the conditions set by the Recommendation. Like in the previous periods, 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  Commission  notes  that  the  five 
Schengen  States  indicated  in  their  reports  the  need  to  continue  internal  border  controls. 
However, the Commission also notes the concerns expressed by Slovenia about the necessity 
of  border  controls  at  the  Austrian-Slovenian  border  as  Slovenia  considers  that  the 
circumstances  have  changed  markedly  since  the  introduction  of  temporary  internal  border 
control. 

The reports provided by the Schengen States under the Recommendation of 7 February 2017 
confirm the trend that emerged with the reports provided under the Recommendations of 12 
May  2016 and 11 November 2016 (in terms of  numbers of  asylum applications received or 
refusals  of  entry  following  the  controls),  and  thus  the  continued  progressive  stabilisation  of 
the situation.  

The  number  of  irregular  arrivals  in  the  European  Union  via  the  Greek  external  border 
continues  to  be  low  also  during  the  period  of  the  Recommendation  of  7  February  2017, 

6 

Communication  from  the  Commission  to  the  European  Parliament,  the  European  Council  and  the 
Council, " Migration on the Central Mediterranean route - Managing flows, saving lives", JOIN(2017) 4 
final of 25 January 2017. 

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despite  a  slight  increase  in  the  past  couple  of  weeks  possibly  due  to  milder  and  more 
favourable  weather  conditions.  The  ongoing  operationalisation  and  steady  rolling  out  of  the 
European Border and Coast Guard Agency7 combined with the continued implementation of 
the EU-Turkey Statement of 18 March 2016 continue to represent key steps in managing the 
situation. 

Yet, further efforts are needed to ensure that the European Border and Coast Guard Agency's 
capabilities are fully in place to protect the external borders of the Union by completing the 
tools at the Agency's disposals for the running of operations, in particular the resources of the 
mandatory rapid reaction pools. The ongoing exercise on vulnerability assessments must also 
be  completed,  with  first  recommendations  to  the  relevant  Member  States  addressing  as  a 
matter of priority the most urgent vulnerabilities expected for end of May and results of a first 
simulation exercise for the end of October 2017. Following the approval by the Council of a 
negotiating  mandate  for  a  status  agreement  to  be  concluded  with  two  EU  neighbouring 
countries,  negotiations  with  Serbia  have  started  in  April  2017.  The  EU  is  waiting  for  the 
former Yugoslav Republic of Macedonia to start the negotiations as soon as possible. 

From 15 March 2017 the application of the existing Dublin rules in Greece is gradually being 
restored.  Further  efforts  are  needed  over  the  coming  months  to  embed  in  practice  the 
implementation  of  the  Commission's  recommendation8  to  ensure  the  full  participation  of 
Greece in the Dublin system, irrespective of the ongoing work on improving those rules.  

Moreover,  there  are  still  a  significant  number  of  irregular  migrants  and  asylum  seekers  in 
Greece (approximately 60 000). The hotspots and camps in Greece remain overcrowded due 
to slow processing; progress in relocation and return remains insufficient to help significantly 
decreasing  these  numbers  and  relieving  pressure  from  the  Greek  national  authorities.  The 
situation on the Western Balkans Route has shown a certain stabilisation of movements over 
the  past  weeks;  however  this  can  also  quickly  change  with  milder  weather  conditions. 
Member  States  along  the  route  continue  taking  measures  aimed  at  addressing  possible 
extraordinary migratory flows and building border fences.   

Therefore, the overall situation still remains fragile and the Member States concerned remain 
exposed to the risk related to irregular movements; additional efforts are necessary in order to 
further stabilise the situation. 

Way forward 

Despite the continuous progress achieved, the conditions identified in the Roadmap "Back to 
Schengen"  in  order  to  allow  lifting  the  current  internal  border  controls  are  not  entirely 
fulfilled today. 

As in the previous period, the numbers of migrants present 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 a risk of irregular movements. 

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8 

See  Third  Report  from  the  Commission  to  the  European  Parliament,  the  European  Council  and  the 
Council on the operationalisation of the European Border and Coast Guard, COM(2017) 219 final of 3 
May 2017.  
Commission  Recommendation  of  8.12.2016  addressed  to  the  Member  States  on  the  resumption  of 
transfers to Greece under Regulation (EU) No. 604/2013, C(2016) 8525 final. 

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Moreover,  as  already  explained  above,  the  rolling  out  of  the  European  Border  and  Coast 
Guard Agency requires a few more months in order to allow the Agency to be able to fully 
build its capabilities and fulfil its role in protecting the EU external borders.  

Furthermore, to help in addressing the backlog in processing asylum applications in Greece, 
relocations and  returns from Greece and other Member States  must  be significantly stepped 
up. The Commission therefore urges Member States to meet the set targets of relocation by 
September 2017 to ensure that all eligible candidates are relocated. 

As  all  the  above  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  control  as  an  exceptional  measure  for  a  further 
proportionate period.  

It  is  for  these  Schengen  States  to  decide  whether  to  prolong  internal  border  controls  taking 
into  account  that  such  controls  should  be  used  only  as  a  last  resort  measure.  In  order  to 
effectively  follow  up  to  its  commitment  to  work  with  these  Schengen  States  to  gradually 
phase  out  temporary  internal  border  controls  by  improving  other  measures  alternative  to 
border  controls  that  could  be  used  to  effectively  remedy  the  identified  threats,  the 
Commission adopts, in parallel to this Recommendation, a Recommendation on proportionate 
police  checks  and  police  cooperation  in  the  Schengen  area.  In  this  text,  the  Commission 
addresses recommendations on how all Schengen States can use more and better their police 
powers  across  their  territory  as  well  as  in  the  border  area  and  on  main  European  transport 
routes. The Recommendation also invites the Schengen States to step up cross-border police 
cooperation efforts and proportional police checks within the territory including in the border 
area  .In  this  context,  given  that  the  Schengen  States  may  need  to  carry  out  operational 
preparations  concerning  resources,  redistribution  of  tasks,  acquisition  of  modern  technology 
equipment,  or  simply  a  change  of  the  current  paradigm  and  habits  to  adapt  to  new 
circumstances a reasonable amount of time is needed for its implementation, the Commission 
recommends  that  it  should  be  implemented  as  soon  as  possible  and  at  the  latest  within  six 
months. 

Pending the implementation of this Recommendation, the five Schengen States concerned are 
expected to assess each time whether intensified police checks would not address the situation 
of the identified threats before reintroducing or maintaining internal border controls.  

Based  on  the  factual  indicators  available  at  this  stage,  including  the  estimation  of  time 
necessary  for  the  full  rolling  out  of  the  European  Border  and  Coast  Guard  Agency  and  the 
period needed for the implementation of the Recommendation on proportionate police checks 
and  police  cooperation  in  the  Schengen  area  as  well  as  the  upcoming  milder  weather 
conditions  that  may  increase  the  number  of  irregular  arrivals  in  the  EU  and  subsequent 
secondary  movements,  the  present  and  final9  prolongation  of  temporary  internal  border 
control based on the persistence of exceptional circumstances should not exceed six months.  

Scope of the proposal 

9 See Article 29 (1) of the Schengen Borders Code,  which provides that an initial period of reintroduction of 

controls at internal borders may be prolonged no more than three times. 

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The five Schengen States currently carrying out temporary internal border control pursuant to 
the  Council  Recommendation  of  7  February  2017  should  be  permitted to  continue doing  so 
for six months under strict conditions.   

Given the continuous stabilisation of the situation and the objective of gradually phasing out 
temporary internal border controls, the Schengen States concerned should first assess whether 
the identified serious threats to public order or internal security can be adequately addressed 
by  way  of  stepping  up  police  checks  within  the  territory,  including  in  border  areas,  as 
recommended by the Commission Recommendation of 3 May 2017 on proportionate police 
checks  and  police  cooperation  in  the  Schengen  area,  and  only  reintroduce/prolong  border 
controls at the internal borders concerned as a measure of last resort. The examination of the 
possibility to use other measures should regularly take place and their use should be prefered 
as  a  measure  of  a  lesser  impact  on  the  free  movement  within  the  Schengen  area.  The 
Schengen  States  concerned  should  consider  which  are  the  most  appropriate  tools,  including 
police checks, and inform of the reasons for opting for border controls as a last resort measure 
in  their  notifications  to  the  other  Member  States,  the  European  Parliament  and  the 
Commission. 

The  requirements  under  the  Recommendation  of  7  February  2017  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  Schengen  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 Recommendation of 7 February 2017 will 
continue to apply. After each month of implementation of the present Recommendation, the 
Member States concerned should promptly report to the Commission  and to the Council 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. 

In order to gradually phase out temporary internal border controls, the Commission will also 
monitor  and  take  into  account  the  progress  made  in  implementing  the  Recommendation  on 
proportionate police checks and police cooperation in Schengen area by the Schengen States 
concerned.   

• 

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. 

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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. 

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 
Schengen  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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2017/0095 (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)10, 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 an initial period of six months, in order to 
address  the  serious  threat  to  public  policy  and  internal  security  in  these  States  by  - 
deficiencies  in  external  border  control  in  Greece  and  the  subsequent  secondary 
movements of irregular migrants entering via Greece and who move to other Schengen 
States. This period was prolonged by the Council on a proposal from the Commission 
twice, respectively on 11 November 2016 and on 7 February 2017, for further periods 
of three months at a time.  

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

if 

The Recommendations  of 11 November 2016 and 7 February 2017 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  stabilisation  of  the  situation  in  these  States,  in  terms  of  number  of 
refusals of entry and asylum applications received during the controls. 

(5) 

However,  despite  this  progress,  the  conditions  identified  in  the  Roadmap  "Back  to 
Schengen"  in  order  to  allow  lifting  all  internal  border  control  and  returning  to  a 

10 

OJ L 77, 23.3.2016, p. 1. 

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(6) 

(7) 

(8) 

(9) 

normally  functioning  Schengen  area  are  still  not  entirely  fulfilled.  An  important 
number of irregular migrants is still present in Greece and along the Western Balkans 
route,  part  of  whom  are  not  registered.  The  risk  of  irregular  secondary  movements 
within the Schengen area of these migrants remains. 

In its Communication "Back to Schengen – A Roadmap", the Commission identified 
the various policies to be put in place to return to a fully functioning Schengen area. 
The  process  of  rolling  out  of  the  European  Border  and  Coast  Guard  Agency  is 
ongoing. However, further contributions from Member States are needed to complete 
its resources and allow it to fully play its role in securing the external borders of the 
Union. Recommendations following the first vulnerability assessments have not been 
issued yet. The status agreements with Serbia is currently being negotiated. 

After  more  than  one  year,  the  implementation  of  the  EU-Turkey  Statement  of  18 
March  2016  continues  to  deliver  tangible  results,  as  was  confirmed  in  the  fifth 
progress report.11 Yet arrivals continue to outpace the number of returns from Greece 
to Turkey which leads to additional pressure on the Greek islands. Progress on other 
elements  of  the  Statement  needs  to  continue.  The  implementation  of  the  Statement 
thus  needs  to  be  constantly  monitored.  The  same  applies  to  the  situation  along  the 
Western  Balkans  Route  and  the  implementation  of  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  justified,  as  a  last  resort  measure,  to  allow  a 
further and final prolongation of the temporary border control 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)  The Council takes note of the Commission Recommendation on proportionate police 
checks  and  police  cooperation  in  the  Schengen  area  that  would  also  contribute  in 
gradually phasing out temporary internal border controls with the objective of lifting 
all internal border control and returning to a normal functioning of the Schengen area 
as  soon  as  possible  by  giving  precedence  to  the  use  of  police  checks  to  adequately  
address the serious threats to public policy or internal security. The Council takes note 
that 
the 
recommended measures as soon as possible and at the latest within six months.  

the  Commission  recommends 

that  all  Schengen  States 

implement 

(11)  Based  on  the  estimation  of  the  remaining  time  necessary  to  implement  the  pending 
measures  aiming  at  ensuring  adequate  protection  of  the  EU  external  borders  and 
adequate  security  within  the  Schengen  area,  this  prolongation  should  not  exceed  six 
months as from the date of adoption of the present Implementing Decision. 

(12)  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. 

11 

Fifth Report from the Commission to the European Parliament, the European Council and the Council 
on  the  Progress  made  in  the implementation of  the  EU-Turkey  Statement,  COM(2017) 204 final  of 2 
March 2017. 

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(13)  Before opting for such border controls, the Member States concerned should examine 
whether  other  measures  alternative  to  border  controls  and  impeding  less  the  free 
movement of persons and goods could not be used to effectively remedy the identified 
threat. In the Commission Recommendation on proportionate police checks and police 
cooperation in the Schengen area, the Commission calls upon the Schengen States to 
use  their  police  powers  across  the  territory,  including  in  the  border  area  and  on  the 
main routes in a more effective way and give precedence to police checks. However, 
pending  the  implementation  of  that  Commission  Recommendation,  the  Schengen 
States  concerned  should  inform  of  the  outcome  of  the  reflection  on  the  most 
appropriate tools and the reasons for opting for border controls as a last resort measure 
in their notifications. 

(14)  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 
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. 

(15)  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. 

(16)  The Council 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 six 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. 

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2. 

3. 

Before  deciding  on  further  prolongation  of  such  controls  based  on 
this 
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. When it provides 
the same security results, the use of police powers should be preferred as a measure 
with a lesser impact on the free movement of persons and goods. 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 
threat addressed, phasing them out wherever appropriate, and report promptly to the 
Commission and the Council every month. 

Done at Brussels, 

For the Council 
The President 

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