Council Implementing Decision setting out a recommendation on addressing the deficiencies identified in the 2019 evaluation of Slovenia on the application of the Schengen acquis in the field of the management of the external borders
Date: 2020-07-17
Institutions: Council of the European Union
Subjects: Schengen Agreement, Slovenia, evaluation method, external border of the EU

Delegations will find enclosed the Council Implementing Decision setting out a Recommendation 

on addressing the deficiencies identified in the 2019 evaluation of Slovenia on the application of the 

Schengen acquis in the field of the management of the external borders, adopted by written 

procedure on 16 July 2020. 

In line with Article 15(3) of Council Regulation (EU) No 1053/2013 of 7 October 2013, this 

Recommendation will be forwarded to the European Parliament and national Parliaments. 

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  Council of the European Union        Brussels, 17 July 2020 (OR. en)   9771/20     SCH-EVAL 88 FRONT 198 COMIX 323   Interinstitutional File: 2020/0117(NLE)     OUTCOME OF PROCEEDINGS From: General Secretariat of the Council On: 16 July 2020 To: Delegations No. prev. doc.: 9100/20 Subject: Council Implementing Decision setting out a recommendation on addressing the deficiencies identified in the 2019 evaluation of Slovenia on the application of the Schengen acquis in the field of the management of the external borders    
 
 
 
 
 
 
 
 
Council Implementing Decision setting out a 

RECOMMENDATION 

on addressing the deficiencies identified in the 2019 evaluation of Slovenia on the application 

of the Schengen acquis in the field of the management of the external borders 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an 

evaluation and monitoring mechanism to verify the application of the Schengen acquis and 

repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing 

Committee on the evaluation and implementation of Schengen1, and in particular Article 15 thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

The purpose of this Decision is to recommend to Slovenia remedial actions to address the 

deficiencies identified during the Schengen evaluation in the field of external border 

management carried out in 2019. Following the evaluation, a report covering the findings 

and assessments, listing best practices and deficiencies identified during the evaluation was 

adopted by Commission Implementing Decision C(2020) 11. 

1 

OJ L 295, 6.11.2013, p. 27. 

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(2)  Within the border police division, a Specialised Unit for State Border Control was set up to 

reinforce border control and immigration related operations such as inland control of aliens 

and countering cross-border crime. The unit, operating nationwide and equipped with wide 

operational flexibility, supports all regional and local border control units. It reinforces the 

reaction capacity in cases of unexpected changes of the border situation or immediate 

operational needs. The capabilities of this unit can be used during regular border control 

operations, based on intelligence and risk analysis. From an operational perspective, the 

unit’s activities can also be considered an element of quality control of the activities 

performed at the border, improving the final result of border control measures. The activities 

of the special unit additionally support inland compensatory measures, reflecting the 

Integrated Border Management four-tier access model.  

(3) 

Furthermore, the on-site team considers that the observed widespread use of mobile 

equipment for database checks at visited land border crossing points at first-line entry and 

exit controls represents a particular point of interest. The equipment, a portable terminal, 

allows querying of Schengen Information System (SIS), Visa Information System (VIS), 

FIO (intranet with national database) and Interpol databases. It provides document and 

fingerprint readers with device-aided security features and analysis capabilities. Considering 

the portability of the equipment, incorporating 4G mobile and secured WiFi network 

connectivity, the Slovenian Police can combine reading and checking operations of 

electronic passports with a feature allowing access to biometric data in a unique portable 

equipment. 

(4) 

In light of the importance of complying with the Schengen acquis, in particular the 

integrated border management (IBM), risk analyses, the number of staff, NCC/Eurosur, 

border surveillance and border checks, priority should be given to the recommendations: 

1 to 4, 7 to 14, 17, 20 and 25 to 27. 

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(5) 

This Decision should be transmitted to the European Parliament and to the parliaments of 

the Member States. Within three months of its adoption, Slovenia should, pursuant to Article 

16 (1) of Regulation (EU) No 1053/2013, establish an action plan listing all 

recommendations to remedy any deficiencies identified in the evaluation report and provide 

that action plan to the Commission and the Council, 

RECOMMENDS: 

that Slovenia should: 

Integrated border management strategy 

1. 

further develop the Slovenian national integrated border management strategy, supported 

by a multiannual action plan, in line with Article 8(6) of Regulation 2019/1896 on 

European Border and Coast Guard and the consolidated results of the European integrated 

border management strategy process. Align the national strategy with the provisions of the 

Technical and Operational Strategy prepared by the Agency;  

Human resources and professionalism 

2. 

continue commenced efforts to raise or at least stabilise effective staffing levels in the 

Border Police Division and other so-called “Schengen posts” in the Slovenian police in 

order to ensure that border control and surveillance is ensured in full compliance with all 

provisions of the Schengen acquis;  

3. 

revise the national strategic planning of human resources, in particular for border control, 

in accordance with the operational needs, traffic flows, risk analysis and the threat levels; 

Risk Analysis  

4. 

ensure that the Slovenian police appropriately staffs risk analysis functions related to 

border control at national and regional level; 

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Quality control mechanism  

5. 

adapt the national quality control mechanism to encompass the whole European integrated 

border management concept. Align this mechanism with European quality control 

mechanisms, ensuring full coordination with the Schengen evaluation mechanism and 

vulnerability assessment processes; 

National Coordination Centre/Eurosur 

6. 

ensure that all officers performing tasks within the National Coordination Centre are 

properly trained, including in English language skills; 

7. 

ensure that all operators in the Slovenian National Coordination Centre have access to the 

full situational picture, including real-time positions of police assets, and ensure exchange 

of data with Croatian and Italian National Coordination Centres;  

8. 

guarantee and maintain full 24/7 functionality of the Slovenian National Coordination 

Centre, as required by Article 21(7) of Regulation 2019/1896 on European Border and 

Coast Guard;  

9. 

establish fully-fledged operational and analytical layers in the national EUROSUR system 

in accordance with the provisions of Article 24 (1) of Regulation 2019/1896 on European 

Border and Coast Guard;  

Land border surveillance  

10. 

ensure systematic and continuous use of available equipment for border surveillance, e.g. 

by providing efficient maintenance procedures; 

11. 

increase the availability of suitable vehicles for border surveillance patrols, both for off-

road use and inland patrols; 

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12. 

increase the number of specialised canine units for border control and include systematic 

use of the canine units in the patrolling and border checks; 

13. 

complete the on-going procurement of 60 portable technical devices and further commit 

this type of equipment for border surveillance and distribute it to the local level, including 

to the Border Surveillance Unit Podlehnik; 

14. 

identify feasible solutions to ensure sufficient coverage of necessary networks for voice 

communication and transfer of surveillance data in order to create and maintain situational 

awareness at local level; 

Sea border surveillance  

15. 

ensure that the activities at the sea border are systematically based on clear risk indicators 

and risk analysis; 

Border checks – land borders 

16. 

ensure that all officers are familiar with the rights of family members of the EU-citizens 

including the right to obtain the necessary visa free of charge and, without delay, at the 

border as it follows from Article 5(4) of the Directive 2004/38/EC; 

17. 

ensure that thorough checks on third-country nationals are always performed in accordance 

with Article 8 of Regulation 2016/399 (Schengen Borders Code) with special attention to 

the questioning of the passengers by the first-line officer concerning purpose of stay and on 

means of subsistence;  

Border crossing point Port of Koper 

18. 

plan and implement international and interagency joint activities at sea regularly with a 

clear coordination structure and tasks for each participating agency; 

19. 

ensure better documentation of trainings in a centralised database accessible by the 

managerial level of the border crossing point; 

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20. 

ensure that specific border control training for police officers always takes place before 

they join a police station with border control tasks; 

21. 

assess the level of English skills of police officers conducting border checks and plan the 

required trainings based on needs and conduct refresher trainings with a standard 

frequency; 

22. 

ensure that police officers with border control tasks are aware of the main Schengen 

requirements and are able to find those in case of need; 

23. 

enlarge the area in front of the booths used for the border checks of cruise ships in order to 

allow for better profiling and an efficient border check procedure; 

24. 

ensure the proper signposting in accordance with Article 10 (1) and Annex III of the 

Schengen Borders Code; 

Border Crossing Point Port of Piran 

25. 

bring the procedure of checking pleasure boats at border crossing point Piran in line with 

Article 8 of the Schengen Borders Code; 

Border Checks – air borders  

26. 

align procedures for checking private flights with Annex VI (point 2.3.1.) of the Schengen 

Borders Code;  

Border Crossing Point Ljubljana airport 

27. 

provide the necessary measures to fully comply with the Directive 2004/82/EC (Article 4) 

in order to impose sanctions on carriers which have not transmitted the Advance Passenger 

Information data; 

28. 

ensure that the form for informing third-country nationals who are subject to a thorough 

second line check on the purpose and procedures for second line check contains a correct 

reference to Article 8(5) of the Schengen Borders Code;  

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29. 

ensure better visibility of the signposting or create lanes directly at the entrance of the hall, 

for example bank lining or signs on the floor in order to improve the passenger flow 

towards the arrival booths and improve illumination of signs above the booths;  

30. 

ensure that the demarcation line in front of the booth at arrivals is respected and place it 

further away from the booth; 

31. 

ensure a proper communication between the police officers and passengers (enlarge the 

slot in the glass window). 

Done at Brussels, 

For the Council 

The President 

______________ 

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