COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL "A strategy towards a fully functioning and resilient Schengen area"
Date: 2021-06-02
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU Member State, EU strategy, Schengen Agreement, area of freedom, security and justice, border control, external border of the EU, freedom of movement, internal border of the EU, single market

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  EN 

   EUROPEAN COMMISSION  Brussels, 2.6.2021  COM(2021) 277 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL "A strategy towards a fully functioning and resilient Schengen area"                                           
 
 
‘We must restore the four freedoms – in full and as fast as 
possible. The linchpin of this is a fully functioning Schengen 
area of free movement. We will work with Parliament and 
Member States to bring this high up our political agenda and 
we will propose a new strategy for the future of Schengen.’ 
President von der Leyen, State of the Union Address 2020 

1. INTRODUCTION: SCHENGEN - AN INDISPENSABLE ACHIEVEMENT OF THE EU 

The  area  without  controls  at  internal  borders  (‘the  Schengen  area’)  is  the  largest  free  travel 
area  in  the  world.  It  allows  more  than  420  million  people  to  move  freely,  and  goods  and 
services  to  flow  unhindered.  By  removing  border  controls  between  Member  States,  the 
Schengen  area  has  become  part  of  our  European  way  of  life.  It  is  a  symbol  of  Europe’s 
interconnectedness  and  of  the  ties  between  the  peoples  of  Europe1.  The  Schengen  area  also 
contributes  to  the  efficient  functioning  of  the  Single  Market,  and  thus  to  the  growth  of  the 
Union’s economy. 

The  Schengen  area  is  one  of  the  biggest  achievements  of  European  integration  and  its 
fundamental  role  in  the  European  Union’s  construction  is  undisputed2.  However,  in  recent 
years,  it  has  been  repeatedly  put  to  the  test  by  a  series  of  crises  and  challenges.  The 
unprecedented 2015 refugee crisis  exposed shortcomings in  the Union’s management of the 
external  borders  and  migration,  leading  to  internal  border  controls  being  reintroduced  in  a 
number of Member States. Internal border controls were also reintroduced in response to the 
persistent  terrorist  threat  following  a  spate  of  attacks  on  European  soil.  All  this  has 
undermined the climate of trust needed to sustain an area free from internal border controls.  

The  past  year  has  put  in  stark  relief  the  fact  that,  while  it  is  undeniable  that  the  Schengen 
foundations are part of Europe’s DNA, Schengen cannot be taken for granted. The COVID-19 
pandemic presents an unprecedented challenge and has placed a major strain on the Schengen 
area,  leading  many  more  Member  States  to  reintroduce  internal  border  controls,  at  times 
jeopardising  the  proper  functioning  of  the  Single  Market.  The  impact  of  these  controls  has 
been particularly felt by the lack of coordination, especially in cross-border areas. As internal 
border controls were re-established, trucks faced long hours waiting in queues to cross from 
one Member State to another, seriously disrupting supply chains within the EU. As such, the 
COVID-19 pandemic brought to the forefront the economic implications of Schengen and its 
intrinsic relationship with the Single Market. More than this, border closures represent a real 
concern for citizens especially in border regions, having had a real impact on their daily lives.  

1  

2  

Special Eurobarometer 474: The Schengen Area, available at 
https://data.europa.eu/euodp/nl/data/dataset/S2218_89_3_474_ENG . 
The  need  for  the  Union  to  offer  its  citizens  an  area  of  freedom,  security  and  justice  without  internal 
borders is enshrined  in the Treaties - Articles 3 of the Treaty on European Union and Article 67 of the 
Treaty on the Functioning of the European Union. 

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Essential facts relevant to the Schengen area:  
  The  Schengen  area  includes  26  European  countries3,  with  a  population  of  around  420  million 

people4. 

  The Schengen area is encircled by 42,673 km of sea borders and 7,721 km of land borders5. 
  There  are  almost  1.7  million  people  who  reside  in  one  Schengen  country  while  working  in 

another, and every day some 3.5 million people cross internal Schengen-area borders6.  

  There are some 24 million business trips within the Schengen area each year7. 
  People  residing  in the  Schengen  area  make  over  1.25  billion journeys  within the  Schengen  area 

every year8. 

  Around 150 million residents of the Schengen area live in border regions, amounting to 30% of 

the EU population9.  

  Border regions cover 40% of the EU territory10. 

Over time, strong efforts have been made to mitigate the impact of internal border controls, 
with  the  Commission  issuing  two  recommendations11,  notably  encouraging  the  use  of 
increased police checks in border regions as an alternative to controls related to migration and 
security. A further series of guidelines and recommendations were developed more recently in 
relation  to  the  COVID-19  pandemic12,  including  the  creation  of  a  ‘Green  Lanes’  system  to 
ensure  border  crossings  remained  open  to  all  freight  vehicles,  thereby  keeping  people  and 
businesses  supplied  with  goods  and  services.  The  Commission  recommended  a  system  of 
coordination at Union level, and measures to be proportionate in order to avoid fragmentation 
in approaches to travel within the Union and from outside. 

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8  

9  

10  
11  

12  

Austria,  Belgium,  Czech  Republic,  Denmark,  Estonia,  Finland,  France,  Germany,  Greece,  Hungary, 
Iceland,  Italy,  Latvia,  Liechtenstein,  Lithuania,  Luxembourg,  Malta,  Netherlands,  Norway,  Poland, 
Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland. Bulgaria, Croatia, Cyprus, and Romania  
are  legally  obliged  to  join  the  area  in  the  future;  Ireland  maintains  an  opt-out,  but  participates  in  the 
parts of the Schengen acquis related to Schengen Information System, police and judicial cooperation.  
The Schengen area, https://op.europa.eu/en/publication-detail/-/publication/8b556648-c5fe-427a-b9fb-
8e7de617e125/language-en. 
Ibidem. 
https://www.europarl.europa.eu/RegData/etudes/BRIE/2018/621815/EPRS_BRI(2018)621815_EN.pdf  
Ibidem. 
The Schengen area, https://op.europa.eu/en/publication-detail/-/publication/8b556648-c5fe-427a-b9fb-
8e7de617e125/language-en. 
Commission  Communication  to  the  Council  and  the  European  Parliament,  Boosting  growth  and 
cohesion in EU border regions, 20 September 2017, COM(2017) 534 final. 
Ibidem. 
Commission  Recommendation (EU) 2017/820 of 12 May 2017 on proportionate  use of police checks 
and  police  cooperation  in  the  Schengen  area,  (OJ  L  122,  13.5.2017,  p.  79),  and  Commission 
Recommendation  (EU)  2017/1804  of  3  October  2017  on  the  implementation  of  the  provisions  of  the 
Schengen  Borders  Code  on  a  temporary  reintroduction  of  border  control  at  internal  borders  in  the 
Schengen area, (OJ L 259, 7.10.2017, p. 25). 
E.g. Guidelines for border management measures to protect health and ensure availability of goods and 
essential  services,  COM(2020)1753,  Guidelines  on  the  free  movement  of  workers,  C(2020)2051,  and 
on  emergency  assistance  in  cross-border  healthcare,  C(2020)2153,  Council  Recommendation  (EU) 
2020/1475,  and  its  amendment  (EU)  2021/119,  for  a  coordinated  approach  to  the  restriction  of  free 
movement in response to the COVID-19 pandemic. 

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Unilateral and uncoordinated measures risk depriving citizens of their rights, and risk holding 
back Europe’s recovery. According to a Commission analysis of the direct economic cost of 
non-Schengen13, delays at the borders would have a substantial impact on cross-border service 
provision, transport, tourism, public administrations and cross-border workers and travellers. 
For those categories, the direct costs are estimated to range between EUR 5 and 18 billion per 
year.  The  medium-term  indirect  costs  of  non-Schengen  could  be  considerably  higher  than 
those  direct  estimates,  as  the  impacts  on  intra-EU  trade,  investment  and  mobility  would  be 
unprecedented.  

Restoring the Schengen area without controls at internal borders is of paramount importance 
for the European Union as a whole. This was recognised by the European Parliament14 and by 
the European Council15 calling for the restoration of the normal functioning of the Schengen 
area. 

The Strategy reflects the intense consultations the Commission carried out with the European 
Parliament, the Member States and other key stakeholders over the last year and draws on the 
conclusions  of  the  two  Schengen  Forums  held  in  November  2020  and  May  2021.  Its 
successful implementation will rely on increased political commitment and dialogue to forge 
an ever closer cooperation.  

The need for a comprehensive strategy sustaining the area of freedom, security and justice  

The  Schengen  area  is  one  of  the  clearest  manifestations  of  the  ever  closer  Union  among 
Member States and citizens. It began as an intergovernmental project among just five Member 
States back in 1985. Despite challenges, it has continued growing and deepening, expanding 
to 26 countries. It constitutes an integral part of the EU’s legal framework with which all new 
Members  must  align  themselves.  Schengen’s  future  must  be  marked  by  a  continued 
commitment  to  preserve  and  fortify  this  essential  freedom  and  driver  of  economic  growth. 
That immediate future must also be marked by  a continued expansion to those EU Member 
States that are not yet part of the area without controls at internal borders.  

Maintaining  the  benefits  of  Schengen  requires  common  action  at  Union  level,  and  constant 
efforts from all Member States. Above all, it requires commitment and mutual trust. Over the 

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14  

15  

I.e.  the  situation  where  the  border  controls  have  been  reintroduced  for  a  longer  period  of  time. 
Communication  from  the  Commission  to  the  European  Parliament,  the  European  Council  and  the 
Council, Back to Schengen - A Roadmap, 4 March 2016, COM(2016)120. 
See  e.g.  European  Parliament  Resolution  of  19  January  2021  on  the  Situation  in  the  Schengen  area 
following 
the  Covid-19  outbreak,  https://www.europarl.europa.eu/doceo/document/TA-9-2020-
0175_EN.html#def_1_1;  European  Parliament  resolution  of  20  January  2021  on  monitoring  the 
application of Union law 2017, 2018 and 2019, https://www.europarl.europa.eu/doceo/document/TA-9-
2021-0011_EN.html, and Report on monitoring the application of Union law 2017, 2018 and 2019, 17 
December 
https://www.europarl.europa.eu/doceo/document/A-9-2020-
0270_EN.html. 
https://www.consilium.europa.eu/media/21787/0216-euco-conclusions.pdf, 
https://www.consilium.europa.eu/en/press/press-releases/2018/06/29/20180628-euco-conclusions-
final/, https://www.consilium.europa.eu/media/39922/20-21-euco-final-conclusions-en.pdf. 

(2019/2132(INI)), 

2020, 

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last 36 years, a comprehensive Schengen legal framework and common operational tools have 
been  gradually  developed  to  better  protect  the  area  without  controls  at  internal  borders. 
Overall, the foundations of Schengen are solid and Member States by and large comply with 
the  essential  provisions  that  underpin  the  good  functioning  of  Schengen  from  the  effective 
management of external borders, the common visa and return policies, to police cooperation 
and  the  Schengen  Information  System,  as  well  as  data  protection  requirements16.  Europe  is 
one of the most travelled to regions in the world, issuing over 17 million Schengen visas in 
2019  alone.  The  fact  that  these  systems  can  quietly  cope  with  this  shows  just  what  a  well-
oiled machine the Union is operating. 

But no system can bear the test of time without renewal. There is a need to constantly shore 
up  and  strengthen  the  Schengen  legal  framework  in  order  to  cope  with  the  realities  and 
challenges of today and tomorrow. The Schengen area is underpinned by three key pillars: (1) 
an effective external border management, (2) measures compensating for the absence of 
controls at internal borders (common visa policy, return policy, relevant police cooperation 
instruments and various IT systems, and the related data protection requirements), and (3) a 
robust  governance,  including  an  efficient  evaluation  and  monitoring  mechanism,  and 
increased preparedness. Actions are needed in all three areas to protect the integrity of the 
Schengen  area  and  further  improve  its  functioning.  In  addition,  sustaining  the  area  of 
freedom, security  and justice requires effective  measures in the field  of  security, police and 
judicial  cooperation  as  well  as  in  the  area  of  migration.  Without  being  formally  part  of  the 
Schengen acquis, they too are  fundamental  for promoting mutual  trust  and safeguarding the 
effective exercise of fundamental freedoms within the Union. 

This  Strategy  takes  stock  of  the  progress  made  on  these  fundamental  pillars  and  other  key 
measures sustaining the area of freedom, security and justice, and proposes further actions to 
make the area without internal border controls fully functioning and more resilient. 

2. A MODERN AND EFFECTIVE MANAGEMENT OF THE UNION’S EXTERNAL BORDERS  

At its heart, Schengen is the absence of internal border controls. But since anyone crossing the 
external  borders  –  by  air,  land  or  sea  –  can  travel  freely  to  and  within  the  other  Member 
States, Schengen’s existence presupposes a high degree of trust in a robust management of the 
external borders. The setting up of the Schengen area therefore required the development of a 
comprehensive set of Union rules that ensure a common and highly efficient management of 
our common external borders as a shared responsibility  of all Member States and Schengen 
Associated  Countries,  and  of  the  EU,  to  compensate  for  the  elimination  of  controls  at  the 
internal borders.   

16  

Report  from  the  Commission  to  the  Council  and  the  European  Parliament  on  the  Functioning  of  the 
Schengen  Evaluation  and  Monitoring  Mechanism  pursuant  to  Article  22  of  Council  Regulation  (EU) 
No 1053/2013 First Multiannual Evaluation Programme (2015-2019), COM(2020) 779 final. 

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This  went  hand  in  hand  with  close  cooperation  with  our  partner  countries  in  the  Western 
Balkans  and  the  Union’s  wider  neighbourhood,  thus  improving  the  level  of  information 
sharing  and  police  and  judicial  cooperation  with  Member  States  as  well  as  the  Justice  and 
Home  Affairs  agencies.  Going  forward,  we  need  to  continue  strengthening  trust  in  the 
robustness of the Union’s external border management. 

This requires, an integrated and strategic approach to external border management, systematic 
border  surveillance,  modern  and  interconnected  IT  systems,  increasingly  digitalised 
procedures and continued cooperation with third countries.  

An integrated approach to external border management 

Efficient  and  coordinated  external  border  management  is  key  to  ensuring  trust  between 
Member States in order to reach the objective of open, but well controlled and secure borders. 
New  common  capabilities,  IT  systems  and  modern  technologies  can  only  deploy  their  full 
effect if the overall approach to external border management is strategic and if all aspects of 
border management, security and migration are fully integrated and implemented. The Union 
and  the  Member  States  need  to  jointly  work  towards  achieving  a  fully  effective  European 
integrated  border  management  in  practice,  bringing  together  all  relevant  actors  at  both 
European  and  national  levels.  The  aim  is  to  provide  both  the  strategic  framework  and  the 
operational  components  needed  to  better  connect  our  policies  and  therefore  eliminate 
loopholes  between  border  protection,  security,  return,  migration,  while  always  ensuring  the 
protection of fundamental rights17.  

For  that  purpose,  the  Commission  will  shortly  launch  discussions  with  the  European 
Parliament and the Council on the Multiannual Strategic Policy for European integrated 
border  management18. This  process  will be further implemented through  the technical  and 
operational strategy adopted by the Frontex Management Board and the national strategies of 
the Member States.  

Systematic surveillance of the external borders 

To fully attain the imperatives of Schengen, and against the background of recent challenges 
and  the  possibilities  brought  about  by  new  technological  developments,  in  recent  years  the 
European  Union  has  taken  landmark  decisions  to  reinforce  the  external  borders  with  the 
objective of turning the Union’s external border management into one of the most performant 
systems in the world. The reinforced mandate of Frontex in 2019 and the establishment of the 
European  Border  and  Coast  Guard  standing  corps  are  a  true  example  of  European 

17  

18  

Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on 
the  European  Border  and  Coast  Guard  and  repealing  Regulations  (EU)  No  1052/2013  and  (EU) 
2016/1624 (OJ L 295, 14.11.2019, p.1) (the “European Border and Coast Guard Regulation”). 
Regulation  (EU)  2019/1896,  Article  8.  The  effective  implementation  of  European  integrated  border 
management by the European Border and Coast Guard should be ensured by  means of a  multiannual 
strategic policy cycle.  

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integration in the area of external border management. For the first time ever, the Union has 
its own uniformed service to support the European management of common external borders 
and  an  effective  EU  return  policy.  This  new  standing  corps,  to  be  composed  of  10 000 
Frontex  and  national  officers,  will  be  able,  at  any  time,  to  support  Member  States  facing 
challenges at the common external borders and to make returns more effective.  

The  Commission  is  committed  to  ensuring  the  full  and  timely  implementation  of  the  new 
mandate of Frontex and welcomes the fact that the first teams of the standing corps are ready 
for  deployment,  with  the  full  corps  expected  to  be  completed  by  the  end  of  2027.  The 
Commission will work with Frontex to continue monitoring and together with Member States, 
ensure  the  implementation  of  the  internally  agreed  roadmap  for  implementing  the  2019 
European Border and Coast Guard Regulation .  

Since 201719, the Schengen Borders Code requires all persons, regardless of their nationality, 
to  undergo  systematic  checks  against  relevant  databases  at  entry  and  exit  of  the 
Schengen area in order to verify that those persons do not represent a threat to public order 
and internal security. However, several challenges have been identified in the implementation 
of these new rules that need to be addressed. Whilst the new rules provide for derogations to 
systematic  checks  under  certain  conditions,  an  inconsistent  implementation  of  these 
exceptions  can  undermine  the  effectiveness  of  the  instrument.  To  meet  the  highest  security 
standards, it is crucial that Member States systematically check all travellers against relevant 
databases at the external borders and apply any derogations in a uniform way. In addition, the 
consultation  of  Interpol  notices  and  diffusions  relevant  for  the  fight  against  terrorism  and 
serious  crimes  at  the  first  line  border  checks  must  be  improved.  To  support  these  twin 
objectives,  by  the  end  of  2021  the  Commission,  in  collaboration  with  Member  States,  will 
prepare  guidance  to  ensure  that  the  rules  are  applied  in  a  uniform  manner  and  that  any 
derogations are used in a limited manner.  

The Commission has, furthermore, put on the table additional measures to reinforce external 
border  management,  notably  by  presenting,  in  September  2020,  a  proposal  for  a  pre-
screening  of  third-country  nationals  entering  irregularly  at  the  external  border20.  Once 
adopted,  the  rules  will  be  applicable  to  all  third-country  nationals  who  cross  the  external 
border  without  authorisation.  It  will  act  as  a  first  step  in  the  overall  asylum  and  return 
systems, and will accelerate the process of determining the status of a person and the type of 
procedure  that  should  apply  to  their  circumstances.  The  pre-entry  screening  will  further 
strengthen the management of the Union’s external borders in full respect of all fundamental 
rights obligations. The Commission therefore calls upon the European Parliament and Council 
to advance with the negotiations to swiftly adopt the Regulation. 

19  

20  

Regulation (EU) 2017/458 of the European Parliament and of the Council of 15 March 2017 amending 
Regulation (EU) 2016/399 (the Schengen Border Code) as regards the reinforcement of checks against 
relevant databases at external borders  (OJ L 74, 18.3.2017, p. 1). 
Proposal  for  a  Regulation  introducing  a  screening  of  third  country  nationals  at  the  external  borders, 
23 September 2020, COM(2020) 612. 

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Part  and  parcel  of  state-of-the-art  border  management  is  the  full  respect  of  fundamental 
rights, including the rights of the child, by all actors involved and at all borders. Given the 
enhanced  role  of  Frontex,  the  new  Regulation  also  significantly  reinforces  the  Agency’s 
fundamental  rights  framework.  A  new  Frontex  Fundamental  Rights  Officer  has  been 
recently appointed and his work will be supported by 40 fundamental rights monitors on the 
ground,  in  full  independence.  Fundamental  rights  will  also  form  a  key  component  of  the 
Multiannual  Strategic  Policy  Cycle  for  the  European  integrated  border  management.  In 
addition, Frontex, in cooperation with and building upon the work of the Fundamental Rights 
Agency,  is  expected  to  provide  further  guidance  on  the  conduct  of  border  checks  and 
border surveillance, especially at sea. 

Based on the Commission’s proposal  for a pre-screening of  third-country  nationals  entering 
irregularly at the external border, all Member States will be expected to  establish a national 
monitoring  mechanism  to  strengthen  the  protection  of  fundamental  rights  and  to  ensure 
effective  investigations  of  any  violations.  The  Fundamental  Rights  Agency  will  prepare 
guidelines  for  this  monitoring  mechanism  and  will  support  Member  States  upon  their 
request in the development of their national monitoring mechanisms.  

Implementing one of the world’s most technologically advanced border management system  

Tremendous progress has been made in terms of the Union’s information systems, needed for 
internal  security,  migration  and  health  purposes  both  at  the  external  borders  and  within  the 
Schengen  area.  From  what  initially  was  only  one  information  system  –  the  Schengen 
Information  System  –  the  Union  has  created  a  common  European  IT  architecture  with  new 
interconnected  systems  for  border  management,  migration  and  law  enforcement  purposes. 
2021 is a crucial year for the development of these new information systems and the overall 
IT architecture.  

Testing of the Entry / Exit System (EES)21 began in March this  year and will continue until 
the  end  of  2021,  with  a  view  to  making  the  Entry / Exit  System  fully  operational  as  of  the 
second  quarter  of  2022.  The  European  Travel  Information  and  Authorisation  System 
(ETIAS)22 will become operational at the end of 2022. In addition, the implementation of the 
revised Schengen Information System (SIS)23 and the revised Visa Information System should 
be completed by the end of 2021 and the end of 2023, respectively. Full interoperability of the 

21  

22  

23  

See 

The  Entry/Exit  System  (EES)  will  be  an  automated  IT  system  for  registering  travellers  from  third-
countries, both short-stay visa holders and visa exempt travellers, each time they cross an EU external 
border. 
https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/smart-
borders/ees_en.  
ETIAS  will be a largely automated IT system created to identify  security, irregular  migration or high 
epidemic risks posed by visa-exempt visitors travelling to the Schengen States, whilst at the same time 
facilitate  crossing  borders  for  the  vast  majority  of  travellers  who  do  not  pose  such  risks.  See 
https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/smart-borders/etias_en.  
The Schengen Information System (SIS) is the most widely used and largest information sharing system 
for  security  and  border  management  in  Europe.  See  https://ec.europa.eu/home-affairs/what-we-
do/policies/borders-and-visas/schengen-information-system_en.  

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new IT architecture should be put in place by the end of 2023. Interoperability will connect all 
European  systems  for  borders,  migration,  security  and  justice,  and  will  ensure  that  all  these 
systems ‘talk’ to each other, that no check gets missed because of disconnected information, 
and that national authorities have the complete, reliable and accurate information needed, in 
full respect of  data protection  requirements.  It  will also  be an essential enabler to bona fide 
travel.  

Full  implementation  of  all  the  new  and  updated  IT  systems  as  well  as  their  interoperability 
within  the  foreseen  timeframes  is  far  from  being  an  easy  task.  Member  States  and  the 
Commission and eu-Lisa have shown full commitment to achieving this objective. Moreover, 
the  Commission,  together  with  eu-LISA,  have  provided  –  and  will  continue  to  provide  – 
operational support to Member States. Progress is being closely monitored with a scoreboard 
tracking  system  and  tools  are  in  place  to  ensure  a  quick  reaction  to  any  possible  emerging 
challenges. The IT systems can only enter into operation if all Member States and Schengen 
Associated  Countries  are  ready  at  the  same  time.  Any  delay  in  only  one  country  would 
prevent the systems from being launched anywhere in the Schengen area. Furthermore, given 
the  dependencies  between  the  systems,  a  delay  in  implementing  one  system  could  push  the 
overall  timeline  for  the  whole  IT-system  architecture  off  track.  We  have  a  common 
responsibility  to  deliver  on  this ambitious  project on time in order  to have fully  functioning 
tools ready to reply to any sudden and constantly evolving challenges.  

The IT architecture also needs to be completed as soon as possible, in particular by adding the 
revised Eurodac system. As part of the New Pact on Migration and Asylum, the Commission 
proposed in September 2020 an upgraded Eurodac24, which will, amongst others, help track 
unauthorised  movements,  tackle  irregular  migration  and  improve  return.  The  Commission 
calls upon the European Parliament and Council to advance with the negotiations to adopt this 
proposal as soon as possible. 

Towards a digitalisation of procedures at the external border 

Once  global  travel  recovers  from  the  COVID-19  pandemic,  strong  increases  in  passenger 
flows can be expected. This will give a new impetus to the digitalisation process that already 
started  before  the  pandemic,  and  will  require  innovative  ways  to  facilitate  and  accelerate 
border  controls  at  international  ports  of  entry.  Digital  documentation  is  both  more  efficient 
and  secure.  By  the  end  of  2021,  the  Commission  will  propose  a  Regulation  on  the 
digitalisation  of  the  visa  procedure,  with  a  view  to  making  the  Schengen  visa  procedure 
fully digitalised. As a next step, in 2023, following an in-depth assessment and the necessary 
consultations,  the  Commission  intends  to  present  a  proposal  for  a  Regulation  on 
digitalisation of travel documents and facilitation of travel.  

24  

Amended proposal for a Regulation of the European Parliament of the European Parliament and of the 
Council on the establishment of ‘Eurodac’ for the comparison of biometric data, COM(2020)614 final. 

8 

 
 
 
 
 
 
 
                                                 
Cooperation with third countries  

Protecting  the  Union’s  external  border  also  requires  close  cooperation  and  partnership  with 
neighbouring  and  partner  countries.  Such  cooperation  is  an  inherent  part  of  EU  Integrated 
Border  Management.  Strong,  comprehensive,  mutually  beneficial  and 
tailor-made 
partnerships in line with the New Pact on Migration and Asylum contribute to better managed 
migration and strengthened border management cooperation.  As underlined also in the Joint 
Communication on a Renewed partnership with the Southern Neighbourhood25, strong mutual 
commitment  to,  in  particular,  strengthen  third  countries’  border  management  capacity 
and  step  up  efforts  against  the  criminal  networks  behind  migrant  smuggling  and 
trafficking in human beings is key. This priority will be further reinforced by the upcoming 
EU Action Plan against migrant smuggling (2021-2025). 

The New Pact stipulates that the EU should use all the tools at its disposal to bring operational 
support  to  the  new  partnerships,  including  through  a  much  deeper  involvement  of  EU 
agencies.  The  European  Union  also  has  a  responsibility  to  support  and  promote  its  high 
standards  of  border  protection,  including  on  fundamental  rights,  to  third  countries.  EU 
agencies should also work more intensively with partner countries. The reinforced mandate of 
Frontex  allows  for  specific  operational  and  technical  support  and  cooperation  with  third 
countries.  Cooperation  with  the  Western  Balkans,  including  through  EU  status  agreements 
with  Western  Balkan  partners26,  will  enable  Frontex  border  guards  to  work  together  with 
national  border  guards  on  the  territory  of  a  partner  country.  Frontex  can  also  now  provide 
practical  support  to  develop  partners’  border  management  capacity  and  to  cooperate  with 
partners to optimise voluntary return. Furthermore, the Commission will support the exchange 
of  information  between  Member  States  and  neighbouring  partner  countries  by  presenting  a 
recommendation  to  Member  States  for  the  model  provisions  on  the  exchange  of 
information on situational awareness to be used in bilateral and multilateral agreements with 
third  countries.  It  will  also  draw  up  a  new  model  status  agreement  to  provide  a  basis  for 
Frontex to carry out joint operations in third countries, and a model working arrangement 
to harmonise the framework for the practical cooperation with these countries. This will help 
ensuring a unified way of cooperating with the EU’s external partners. 

25  

26  

Joint  Communication  to  the  European  Parliament,  the  Council,  the  European  Economic  and  Social 
Committee and the Committee of the Regions “Renewed partnership with the Southern Neighbourhood: 
A new Agenda for the Mediterranean”, 9 February 2021, JOIN(2021) 2 final. 
The status agreement with Albania entered into force on 1 May 2019 and as of 22 May  2019, Frontex 
teams  have  been  deployed. The  agreement  with  Montenegro,  which  was  signed  in  October  2019, 
entered  into  force  on  1  July  2020.  A  Joint  Operation  started  on  15  July  2020.  The  agreement  with 
Serbia  was  signed  in  November  2019  and  ratified  in  an  extraordinary  session  of  the  Parliament  on 
25 February 2021. The European Parliament and the  Council both approved the agreement on 11 and 
25 May  2020,  respectively.  Operations  are  expected  to  start  on  16  June  2021.  A  Status  Agreement 
which  would  allow  for  the  deployment  of  European  border  guard  teams  at  the  Croatia-Bosnia 
Herzegovina border was initialled two years ago, in January 2019, and is pending signature by Bosnia 
and Herzegovina. The agreement with North Macedonia is also pending signature. 

9 

 
 
 
 
 
                                                 
Key actions to improve external border management  

The Commission will present: 
  a Policy Document (Q4 2021) followed by a Communication establishing the Multiannual 

Strategic Policy for European integrated border management (2022); 

  a proposal for a Regulation on the digitalisation of the visa procedure (Q4 2021);  
  a proposal for a Regulation on digitalisation of travel documents and facilitation of travel 

(2023);  

  a report on the implementation of the systematic checks against databases (Q4 2021); 
  guidance  on  the  systematic  checks  against  relevant  databases  at  entry  and  exit  of  the 

Schengen area (Q4 2021); 

  an EU Action Plan against migrant smuggling (2021-2025) (Q3 2021); 
  a  recommendation  to  Member  States  for  the  model  provisions  on  the  exchange  of 
information  on  situational  awareness  to  be  used  in  bilateral  and  multilateral  agreements 
with third countries (Q3 2021); 

  a  model  status  agreement  and  model  working  arrangements  with  third  countries 

(Q3 2021). 

The European Border and Coast Guard Agency should: 
  adopt the technical and operational strategy for integrated border management;  
  continue  to  take  all  necessary  steps  to  establish  the  European  Border  and  Coast  Guard 

standing corps by 2027; 

  develop further guidance on the conduct of border checks and border surveillance. 

Member States should: 
  continue to take all necessary steps to meet the legal deadlines for the implementation of  

the new IT architecture, in close cooperation with the Commission and eu-LISA. 

The  European  Parliament  and  Council  are  called  upon  to  advance  with the  negotiations  to 
swiftly adopt: 
 
 

the proposal for a Regulation on pre-entry screening; 
the proposal for a Eurodac Regulation. 

3.  MEASURES  FOR  REINFORCING  SCHENGEN 
MEASURES FOR AN AREA OF FREEDOM, SECURITY AND JUSTICE 

INTERNALLY  AND  COMPLEMENTARY 

The  Schengen  area  is  underpinned  by  a  robust  legal  framework  of  measures  supporting 
operational cooperation and information exchange between police and judicial authorities in 
criminal matters as well as measures in the fields of  visa and return policy which have been 
developed to compensate for the absence of controls at internal borders. These are collectively 
known as the Schengen acquis which together serve to sustain the area of freedom, security 
and  justice27  by  promoting  mutual  trust  between  Member  States  and  by  safeguarding  the 
effective exercise of the fundamental freedoms within the European Union.  

27  

Article 67 of the Treaty on the Functioning of the European Union. 

10 

 
 
 
 
 
 
 
                                                 
In addition, in  an area without internal border controls, Member States must cooperate very 
closely not only on Schengen-related measures, but also on other, complementary measures in 
the  fields  of  security,  police  and  judicial  cooperation  as  well  as  migration  and  asylum. 
Furthermore,  the  Union  Customs  Code  contributes  to  security  in  the  Schengen  area  by  its 
security  risk  assessment  and  control  regime  at  the  external  border  underpinning  the  free 
movement of goods. 

Preventing and fighting security threats, including serious and organised crime and terrorism  

In  recent  years,  many  concrete  measures  have  been  put  in  place  at  Union  level  to  continue 
combatting serious and organised crime and terrorism effectively, reinforcing security within 
the Schengen area while ensuring and preserving the possibility to move freely without being 
subjected  to  border  checks.  The  Commission  works  with  the  European  Parliament,  the 
Council, Member States as well as other stakeholders to fully implement the actions provided 
for in the main strategic security initiatives presented in July 2020, as part of the EU Security 
Union  Strategy  (2020-2025)28.  That  Strategy  focuses  on  priority  areas  to  further  foster 
security  for  all  those  living  in  Europe,  in  particular  by  protecting  Europeans  from  terrorism 
and organised crime. These include:  

 

 

 

the  Counter  Terrorism  Agenda  for  the  EU29  which  points  at  different  risks  for  our 
internal security, and proposes actions to remedy them, in particular, in view of the threat 
posed by returning Foreign Terrorist Fighters; 
the  EU  Strategy  to  tackle  organised  crime30  which  sets  out  a  number  of  measures  to 
boost law enforcement and judicial cooperation, and to tackle organised crime structures, 
and  high  priority  crimes  or  rising  crimes  including  smuggling  of  drugs,  firearms  or 
environmental crime or counterfeiting, and 
the  EU  Strategy  on  Combating  Trafficking  in  Human  Beings31  which  focuses  on 
preventing  such  a  crime,  bringing  traffickers  to  justice  and  protecting  and  empowering 
victims. 

All measures contained in these strategies form an important building block towards an area 
of freedom, security and justice. They are key to improving security within the Schengen area. 
An effective implementation is crucial to prevent and fight security threats and consequently 
strengthen  the  trust  between  Member  States.  Also,  when  implementing  and  applying  those 
measures it is crucial that Member States fully respect fundamental rights, including the rights 
of the child and the relevant data protection requirements.  

28  

29  
30  
31  

Communication from the Commission on the EU Security Union Strategy, COM(2020) 605 final, 
24 July 2020, https://ec.europa.eu/home-affairs/what-we-do/policies/internal-security_en.  
COM(2020) 795 final. 
COM (2021) 170 final. 
COM (2021) 171 final. 

11 

 
 
 
 
 
 
 
                                                 
An  effective  implementation  of  the  key  priorities  of  the  EU  Security  Union  Strategy  also 
relies  on  continued  close  cooperation  with  the  Western  Balkans  and  the  Union’s  wider 
neighbourhood.   

Stepping up police and judicial cooperation 

In an area without internal border controls, police officers in one Member State should have 
access  to  the same information  available to  their colleagues in  another  Member State. They 
should  cooperate  effectively  and  by  default  across  Europe.  Therefore,  an  important 
component of the measures that underpin security in an interdependent area without internal 
border controls is police cooperation which, still varies greatly among the Member States as 
well  as  an  international  level.  As  a  result,  criminals  and  groups  of  criminals  continue  to 
operate  across  Member  States  unabated,  taking  advantage  of  the  different  national 
jurisdictions32.  

To be  effective in  fighting serious  and organised crime as  a Union, we need to  move  away 
from  law  enforcement  cooperation  based  largely  on  soft-law  instruments  towards  binding 
systematic partnerships.  Improved police cooperation can also expand the set of alternatives 
to  internal  border  controls  available  to  Member  States.  To  this  end,  towards  the  end  of  this 
year, the Commission will present a legislative proposal for an EU Police Cooperation Code. 
The  forthcoming  Code  will  provide  a  coherent  EU  legal  framework  to  ensure  that  law 
enforcement  authorities  have  equivalent  access  to  information  held  by  other  Member  States 
when they need it to fight crime and terrorism.  

To  enhance  information  exchange,  the  EU  Police  Cooperation  Code  will  formalise  and 
clarify  the  procedures  for  information-sharing  among  Member  States,  in  particular  for 
investigation purposes, including the role of the ‘Single Point of Contact’ for such exchanges, 
and  making  full  use  of  Europol’s  information  exchange  channel33.  The  Code  will  be 
complemented by a proposal to reinforce the automated exchange of important data categories 
under the Prüm Council Decisions34. The new legal framework will make exchanges of DNA 
and fingerprints data as well as vehicle registration among Member States more efficient and 
faster, allowing national authorities to find out if data is available in other Member States, and 
get swift access to it. The Commission is also assessing the need to add new data categories to 
this exchange, such as photos, driving licences, police records and ballistics. 

When it comes to operational cooperation across the EU, the EU Police Cooperation Code 
will address the need for common standards to allow police officers to cooperate effectively 

32  

33  
34  

See  Europol’s  EU  Serious  and  Organised  Crime  Threat  Assessment  (12  April  2021):  “Criminal 
activities  in  border  regions  take  advantage  of  the  natural  delineations  of  individual  law  enforcement 
jurisdictions  which  create  options  to  evade  law  enforcement  and  provide  proximity  to  multiple 
markets.”  According  to  Europol,  more  than  70%  of  organised  crime  groups  are  present  in  more  than 
three Member States. 
Europol’s “Secure Information Exchange Network Application”. 
Council  Decision  2008/615/JHA  on  the  stepping  up  of  cross-border  cooperation,  particularly  in 
combating 
the 
implementation of Decision 2008/615/JHA. 

terrorism  and  cross-border  crime,  and  Council  Decision  2008/616/JHA  on 

12 

 
 
                                                 
with  their  colleagues  in  neighbouring  countries.  Building  on  good  practices  in  bilateral  or 
multilateral  cooperation  among  Member  States,  police  officers  should  be  able  to  carry  out 
joint  operations  and  joint  patrols  in  border  areas.  As  criminals  and  terrorists  operate  across 
Member  States,  police  authorities  should  be  able  to  monitor  and  arrest  them  in  hot  pursuits 
across national territories as necessary. Respecting the role of Member States in the field of 
internal  security  and  the  necessary  flexibility  to  cooperate  regionally,  the  EU  Police 
Cooperation Code will aim to clarify and align the rules of engagement in cross-border law 
enforcement operations. Stepping up operational police cooperation in the Union will require 
strong political engagement by all relevant actors. 

In December 2020, the Commission also presented a proposal to strengthen the mandate of 
Europol35,  for  example  by  enabling  the  agency  to  support  national  investigations  with  the 
analysis  of  big  data.  The  Commission  urges  the  European  Parliament  and  the  Council  to 
advance with negotiations to swiftly adopt the new Regulation.  

It  is  also  essential  to  continue  developing  recently  adopted  tools  in  the  hands  of  law 
enforcement  authorities.  An  increased  use  of  Advance  Passenger  Information  (API)  in 
combination with Passenger Name Records (PNR) has the potential to significantly enhance 
security  at  a  relatively  small  expense  and  without  interfering  with  travel  flows.  Under  the 
PNR  Regulation,  Member  States  are  collecting  passenger  names  for  all  flights,  including 
intra-EU  flights.  By  contrast,  under  the  API  Directive36,  API  data  is  only  collected 
systematically for flights entering the Union from third countries. The Commission therefore 
is  preparing  a  legislative  proposal  to  expand  the  use  of  advance  passenger  information 
(API)  to  cover  also  intra-Schengen  flights.  This  change  would  extend  the  toolbox  of 
compensatory measures available to the Member States allowing law enforcement authorities 
to enable a risk-based data-driven approach within the Schengen area.  

In addition  to  reinforced police cooperation, the trust  between Member States relies also  on 
close  judicial  cooperation.  An  important  tool  to  increase  the  speed  and  ease  of  surrender 
within  the  EU  is  the  European  Arrest  Warrant  (EAW),  a  key  instrument  of  judicial 
cooperation  in  criminal  matters.  The  full  implementation  of  the  key  actions  outlined  in  the 
Council Conclusions on the EAW of December 202037 as well as the European Parliament’s 
report  on  the  EAW  of January  202138  is  essential  for  enhancing  the  operation  of  the  EAW. 
The Commission will update the EAW Handbook and will provide guidance to practitioners 
on how to deal with potentially abusive search and extradition requests from third countries. It 
is working with legal practitioners through a newly constituted coordination group to improve 
the  speed  in  the  information  exchange  on  the  EAW.  Finally,  the  Commission  is  closely 
monitoring  the  correct  implementation  of  the  Framework  Decision  on  EAW,  using 
infringement procedures as appropriate. 

35  
36  

37  
38  

COM(2019) 796 final of 9.12.2020. 
Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger 
data (OJ L 261, 6.8.2004, p. 24). 
https://data.consilium.europa.eu/doc/document/ST-13214-2020-INIT/en/pdf.  
https://www.europarl.europa.eu/doceo/document/TA-9-2021-0006_EN.html.  

13 

 
 
 
 
                                                 
In  addition,  areas  of  judicial  cooperation  focusing  on  the  coordination  of  cross-border 
prosecutions,  where  the  Union  has  now  developed  a  series  of  legislative  tools,  such  as  the 
European  Investigation  Order,  and  set  up  a  Union  agency  to  facilitate  such  coordination, 
namely Eurojust, are also relevant. It is essential that Eurojust develops further its capacity to 
assist national authorities in cross-border investigations and prosecutions by using modern IT 
technology  and  secure  communications,  including  via  E-Codex  and  establishing  hit/no-hit 
connections with other JHA agencies. Similarly, Joint Investigation Teams (JITs) should also 
benefit  from  digital  tools  by  processing  information  via  a  secure  IT  collaboration  platform. 
The  Commission  is  working  towards  ensuring  a  more  general  digitalisation  of  judicial 
cooperation instruments to further facilitate this evolution39. 

Need for future-proof systems: making the best use of existing and future technologies  

The use of technology in support of cross-border police cooperation and law enforcement 
has been evolving fast in the last years, offering new possibilities to prevent, detect and fight 
cross-border and potential threats across the countries. Furthermore, modern technologies are 
in  particular  less  costly  and  could  prove  effective  in  achieving  similar  objectives  to  the 
temporary physical border checks. In addition to police checks that Member States may carry 
out in the border areas (in the absence of internal border controls), they can also deploy such 
technologies for instance at airports or train stations as areas of increased risk. 

Moreover, a further development, deployment and use of artificial intelligence is essential for 
law enforcement to keep up with the amount and complexity of data in today’s investigations 
and the use of modern technologies by criminals. One of the objectives of the Commission’s 
proposal for a Regulation on Artificial Intelligence40 is to foster the development of safe and 
lawful Artificial Intelligence that respects fundamental rights. Artificial Intelligence requires 
access to high quality datasets. The timely creation of  European data spaces, will help design, 
train and evaluate Artificial Intelligence tools for law enforcement purposes. 

In recent years, there has been significant investment in research and innovation for security 
and travel facilitation at EU and Member States levels41 and a number of Member States are 

39  

40  

41  

Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions,  Digitalisation  of  justice  in  the 
European Union: A toolbox of opportunities, COM(2020)710 final, 2 December 2020. 
Commission Proposal of 21 April 2021 for a Regulation of the European Parliament and of the Council 
laying  down  harmonised  rules  on  artificial  intelligence  (Artificial  Intelligence  Act)  and  amending 
certain  Union  legislative  acts,  COM(2021)206  final.  This  proposal  classifies  a  number  of  uses  of 
Artificial Intelligence for migration and law enforcement as high risk. 
The Commission supports this research work through the Work Programme of Horizon Europe in the 
area  civil  security  for  society:  From  2007  to  2020,  the  EU  invested  nearly  EUR  3  billion  in  security 
research, with around 700 projects launched during that time period, covering a wide range of security 
topics, including border management and travel facilitation. 

14 

 
 
 
 
 
  
 
                                                 
implementing successful systems in that respect42. The Commission will continue supporting 
Member  States  in  the  take  up  and  use  of  new  technologies.  At  the  same  time,  it  is  key  to 
continue  investing  in  research  for  opportunities  that  may  be  offered  by  new  upcoming 
technologies. The Commission will promote both technical and political discussions on these 
matters to explore the full potential of modern technologies while guaranteeing the full respect 
of  fundamental  rights  and  to  ensure  the  exchange  of  best  practices  and  knowledge  among 
Member States exchange. 

A common migration and asylum policy 

The  very  exceptional  circumstances  of  the  2015  refugee  crisis  put  the  area  without  internal 
border  controls  under  strain,  unveiling  important  shortcomings  in  the  Union’s  migration 
management  system,  in  particular  with  respect  to  solidarity  and  responsibility.  All  the 
solutions proposed in  the  New  Pact on Migration  and Asylum will contribute to  effective 
migration management, closer cooperation and responsibility-sharing among Member States, 
thereby  reinforcing  the  Schengen  area.  The  New  Pact  aims  at  closing  the  gaps  between 
external border controls, asylum and return procedures in the Member States by setting out a 
seamless process at the border, applicable to all third-country nationals crossing borders 
without  authorisation.  In  combination  with  the  pre-entry  screening  proposal,  the  Pact 
increases the links between the asylum and return procedures at the external borders. The new 
border  procedures  as  well  as  other  measures  included  in  the  Pact  should  contribute  to 
strengthening the management of the external border and help prevent and reduce absconding 
and unauthorised movements within the Schengen area.  

At  the  same  time,  the  Pact  proposes  a  permanent  solidarity  mechanism  to  support  the 
Member States that are confronted with the biggest challenges in terms of irregular arrivals at 
the external borders. Solidarity would be mandatory and tailor-made to what is needed on the 
ground.  Possibilities  for  solidarity  would  cover  relocation,  complemented  by  ‘return 
sponsorship’  schemes,  under  which  a  Member  State  commits  to  support  returns;  moreover, 
under specific circumstances, solidarity can include other contributions, such as contributions 
to  capacity building for  asylum, reception capacity, operational  support or engagement with 
relevant non-EU countries of origin or transit. A common migration and asylum system as a 
whole and the assurance that there is a strong system in place to deal with irregular arrivals 
will reinforce mutual trust and as a result support the Schengen area. 

Key actions to reinforce the Schengen area internally  

The Commission will: 
  present a legislative proposal for an EU Police Cooperation Code (Q4 2021); 
  present a proposal for a Regulation on the obligation to communicate advance passenger 

data (API) (2022); 

42  

One such system is for instance the Dutch flagship measure, the @MIGO-BORAS system. This system 
allows for electronic license plate recognition, verification of relevant databases and dispatching patrols 
of the Royal Marechaussee to carry out spot checks. 

15 

 
 
 
 
 
 
                                                 
 

initiate  specific  consultations  to  explore  the  use  of  technologies  as  alternative  to  border 
controls (Q3 2021); 

  update the Handbook on the European Arrest Warrant (Q4 2021). 

Member States should:  
 

fully implement the existing security initiatives, making full use of the already available 
law enforcement tools.  

The  European  Parliament  and  Council  are  called  upon  to  advance  with the  negotiations  to 
swiftly adopt: 
 
 

the proposal to strengthen the mandate of Europol; 
the proposals covered by the New Pact on Migration and Asylum. 

4. INCREASED PREPAREDNESS AND ENHANCED GOVERNANCE TO FOSTER TRUST  

The  Schengen  area  is  supported  by  a  significant  body  of  measures  that  compensate  for  the 
absence  of  controls  at  internal  borders  but  these  measures  are  only  as  good  as  their 
implementation.  For this,  we need a strong  governance system equipped to  deal  with  future 
Schengen-wide  challenges,  as  well  as  increased  political  dialogue,  monitoring  and 
enforcement.  

Political dialogue for consensus and cooperation  

The  Commission  established  the  Schengen  Forum  to  promote  a  regular  and  structured 
political  dialogue  among  the  actors  involved  in  ensuring  the  proper  functioning  of  the 
Schengen area. Two such events have already taken place on 30 November 2020 and 17 May 
2021, with the participation of Members of the European Parliament and Ministers for Home 
Affairs. The Forum has proven to be a useful platform to provide political steer to the main 
elements included in this Strategy, and for building trust.  

Based  on  this  experience,  the  Commission  will  continue  to  organise  regular  Schengen 
Forums to discuss the state of Schengen at political level and foster continued reflection and 
cooperation on the responses needed to the current and future challenges. The next Forum is 
scheduled to take place before the end of 2021. 

It  is  important  that political  discussion comprehensively covers all elements  of the complex 
architecture supporting the proper functioning of Schengen. To this end, the Commission will 
relaunch the adoption of the ‘State of Schengen Report’ to serve as a basis for discussions at 
the annual Forum. The report will summarise the situation as regards the absence of internal 
border  controls,  the  results  of  Schengen  evaluations,  and  the  state  of  implementation  of 
recommendations.  The  Commission  will  integrate  into  these  reports  a  ‘State  of  Schengen 
Scoreboard’ to assess in an interconnected manner the implementation of the Schengen acquis 
in the different policy fields and better support Member States in addressing any challenges. 

16 

 
 
 
 
 
 
 
 
 
 
 
Preparedness: modernising and adapting our systems 

Reintroduced  internal  border  controls  have  been  an  issue  for  several  years,  well  before  the 
start of the COVID-19 pandemic. Several Member States have had continuous internal border 
controls  in  place  since  2015.  This  has  highlighted  the  need  to  have  more  coordination  at 
European  level  with  regard  to  these  internal  border  controls,  in  order  to  ensure  their 
proportionality.  In  response,  the  Commission  presented  an  amendment  to  the  Schengen 
Borders Code in 201743, which, despite agreement by stakeholders on the need to address the 
issue, did not receive sufficient support for negotiations to be successfully pursued by the co-
legislators.  

The experience of the COVID-19 pandemic further exposed the need for a stable framework 
for coordination and decision-making at the external borders and within the Schengen area in 
crisis  situations.  The  capacity  to  address  any  future  pandemic  or  similar  threats  affecting 
several or all Member States at the same time in a fully coordinated manner will be a mark of 
Schengen’s resilience. Indeed, the action of one Member State at the common external border 
of the Union or inside the Schengen area impacts all others. 

The European Commission reacted swiftly within the limits of its powers, by rapidly opening 
up ‘green corridors’ for the transit of essential goods and adopting two sets of guidelines on 
the  free  movement  of  workers44  and  emergency  assistance  in  cross-border  healthcare45,  as 
well as a number of other guidelines and recommendations relating to the management of the 
external  and  internal  borders  as  the  crisis  unfolded46.  In  addition,  based  on  a  Commission 
proposal, Council Recommendation (EU) 2020/147547, and its amendment (EU) 2021/11948, 
took a coordinated approach to the restriction of free movement in response to the COVID-19 
pandemic,  while  Council  Recommendation  (EU)  2020/912  addressed  restrictions  of  non-
essential travel to the European Union49.  

43  
44  

45  

46  

47  

48  

49  

COM(2017)571 final. 
Communication  from  the  Commission  Guidelines  concerning  the  exercise  of  the  free  movement  of 
workers during COVID-19 outbreak, C(2020)2051. 
Communication  from  the  Commission  Guidelines  on  EU  Emergency  Assistance  on  Cross-Border 
Cooperation in Healthcare related to the COVID-19 crisis, C(2020)2153. 
E.g. Guidelines for border management measures to protect health and ensure availability of goods and 
essential services (COM(2020)1753 final), Guidance on health, repatriation and travel arrangements for 
seafarers,  passengers  and  other  persons  on  board  ships  (C(2020)3100  final),  and  Communication: 
COVID-19: Temporary restriction on non-essential travel to the EU, COM(2020)115. 
Council  Recommendation  (EU)  2020/1475  of  13  October  2020  on  a  coordinated  approach  to  the 
restriction of free movement in response to the  COVID-19 pandemic (OJ L 337, 14.10.2020, p. 3). On 
1 February  2021,  the  Council  adopted,  upon  proposal  from  the  Commission,  amendments  to 
Recommendation (EU) 2020/1475 in view of a very high level of community transmission across the EU, 
possibly  linked  to  the  increased  transmissibility  of  new  SARS-CoV-2  variants  of  concern.  On  31  May 
2021,  the  Commission  made  a  proposal  amending  this  Recommendation,  in  view  of  the  improving 
epidemiological situation, as well as the upcoming rollout of the EU Digital COVID Certificate. 
Council  Recommendation  (EU)  2021/119  of  1  February  2021  amending  Recommendation  (EU) 
2020/1475 on a coordinated approach to the restriction of free movement in response to the COVID-19 
pandemic (OJ L 36I , 2.2.2021, p. 1).  
Council Recommendation (EU) 2020/912 of 30 June 2020 on the temporary restriction on non-essential 
travel into the EU and the possible lifting of such restriction (OJ L 208, 1.7.2020, p. 1).  

17 

 
 
 
 
 
                                                 
 
Building on the lessons learnt from these experiences, the Commission intends to put forward 
a new proposal for an amendment of the Schengen Borders Code by the end of this year. 
The  new  proposal  will  need  to  address  the  lessons  learned  from  the  COVID-19  crisis  and 
build on discussions related to the 2017 proposal, in particular as regards the preservation of 
Member  States’  possibility  to  reintroduce  internal  border  controls  while  reasserting  the 
principle that this should only be as a measure of last resort, to be used in case of threats.  

To  deal  with  any  future  Schengen-wide  challenges,  a  revised  Schengen  Borders  Code  would 
address situations where a serious threat, including a threat to public health, such as that created 
by  the  COVID-19  pandemic,  would  arise.  In  such  instances,  it  is  important  to  ensure 
coordination  and  close  cooperation  at  Union  level  with  the  necessary  safeguards  so  that  
reintroducing border checks at internal borders remains a measure of last resort. In this way, 
the  Commission  and  the  Member  States  would  be  able  to  have  an  overview  of  the 
circumstances  giving  rise  to  the  need  for  reintroduced  border  controls.  The  revised  Code 
would  also  address  the  need  for  coordination  of  measures  restricting  travel  into  the  EU, 
drawing notably from the experiences in response to the serious threat to public health posed 
by  the  pandemic  where  there  have  been  divergences  in  the  implementation  of  Council 
Recommendation (EU) 2020/912 by Member States, and allowing for a flexible framework to 
respond to crises.  

The COVID-19 crisis has underlined how fragile the full functioning of the Single Market can 
be.  The  Commission  will  in  June  present  a  Communication  on  lessons  learned  from  the 
COVID-19  crisis  to  reflect  on  how  to  be  better  prepared,  more  resilient  and  better  able  to 
respond  to  public  health  crises  in  the  future.  The  current  legal  framework  for  the  Single 
Market  is  insufficiently  adapted  to  crisis  situations.  In  the  Communication  on  Updating  the 
2020  New  Industrial  Strategy50,  the  Commission  announced  a  proposal  for  a  Single  Market 
Emergency  Instrument.  It  will  provide  a  structural  solution  to  ensure  the  free  movement  of 
persons,  goods  and  services  in  case  of  future  crises.  The  instrument  should  guarantee  more 
information  sharing,  coordination  and  solidarity  when  Member  States  adopt  crisis-related 
measures. 

Amongst  the  wide  range  of  guidelines  and  recommendations  adopted  for  the  COVID-19 
pandemic,  the  Commission  adopted  in  particular  the  ‘Green  Lanes’  system,  in  response  to 
the  freight  traffic  halted  at  internal  borders  in  March  202051  and  upgraded  based  on  the 

50  

51  

Single 

Communication  from  the  Commission  on  Updating  the  2020  New  Industrial  Strategy:  Building  a 
stronger 
final, 
Europe’s 
https://ec.europa.eu/info/sites/default/files/communication-industrial-strategy-update-2020_en.pdf. 
Communication from the Commission on the implementation of the Green Lanes under the Guidelines 
for  border  management  measures  to  protect  health  and  ensure  the  availability  of  goods  and  essential 
services 2020/C 96 I/01, C(2020)1897 (OJ C 96I , 24.3.2020, p. 1). 

COM(2021)350 

recovery, 

Market 

for 

18 

 
 
 
 
 
 
                                                                                                                                                         
 
experienced gained over time in October 202052. The aim was to ensure that EU-wide supply 
chains  continued  to  operate  in  all  circumstances.  In  line  with  the  Green  Lanes  principles, 
Member States were requested to designate all the relevant internal border-crossing points on 
the  trans-European  transport  network  (TEN-T)  as  ‘green  lane’  border  crossings,  open  to  all 
freight  vehicles  irrespective  of  the  goods  they  carry.  Crossing  the  border,  including  any 
checks  and  health  screening,  should  not  take  more  than  15  minutes  and  restrictions  such  as 
mandatory quarantine or testing of transport workers should be waived, without prejudice to 
the  need  for  national  authorities  to  take  proportionate  and  specifically  adapted  measures  to 
minimise the risk of contagion.  To be better prepared  for future crises and for the  case that 
border  control  at  internal  borders  should  again  become  unavoidable,  despite  the  measures 
being put in place, the Commission will codify the pertinent mitigating measures from the 
guidelines  and  recommendations  developed  in  relation  to  COVID-19  in  the  Practical 
Handbook  for  Border  Guards,  which  should  become  a  first  point  of  reference  for  border 
guards  in  a  crisis  situation.  It  would  also  ensure  the  free  movement  of  professionals  and 
provide  safeguards  for  cross-border  posting  of  workers  at  the  time  of  crisis  (including 
transport and health workers).  

In addition, the Green Lanes system should now be consolidated in a framework which can 
be  activated  in  response  to  any  new  crisis.  The  Commission  intends  to  put  forward  a 
Contingency plan to this effect by the end of 2021, in alignment with the broader initiative on 
a  Single  Market  Emergency  Instrument.  As  regards  the  transport  and  mobility  aspects,  this 
initiative will draw lessons from the current pandemic and address the needs of the European 
freight  and  passenger  transport  in  the  event  of  a  pandemic.  It  will  focus  on  ensuring  free 
movement  of  transport  workers  and  freight  transport  and  providing  clarity  to  the  passenger 
transport. It will aim at better preparing the EU transport system for pandemic-like events and 
preserving the integrity of the Single Market. 

The  Commission  Recommendation  on  an  EU  Migration  Preparedness  and  Crisis 
Blueprint53 adopted as part of the New Pact of Migration and Asylum will also help ensure 
preparedness  for  and  response  to  difficult  migratory  situations  that  could  affect  the  Union. 
The  Blueprint  ensures  a  constant  monitoring  of  the  migratory  situation  at  the  EU  external 
borders  and  in  relevant  third  countries  as  well  as  timely  information  sharing  among  all  the 
relevant actors. The work of the Blueprint Network now requires full implementation with the 
active participation of all actors, and in particular Member States and relevant agencies. 

52  

53  

Communication  from  the  Commission  to  the  European  Parliament,  the  European  Council  and  the 
Council  upgrading  the  transport  Green  Lanes  to  keep  the  economy  going  during  the  COVID-19 
pandemic resurgence, COM(2020)685 final. 
Commission  Recommendation  on  an  EU  mechanism  for  Preparedness  and  Management  of  Crises 
related to Migration (Migration Preparedness and Crisis Blueprint), 23 September 2020, C(2020)6469 
final. 

19 

 
 
 
 
 
                                                 
Strengthened monitoring and enforcement 

A  well-functioning  Schengen  area  depends  on  mutual  trust  among  Member  States  and 
ultimately on a correct and efficient implementation of the Schengen legal framework. This is 
key  as deficiencies and lack of implementation  in  one Member State can affect  all Member 
States and subsequently put the Schengen area at risk.  

The  Schengen  Evaluation  and  Monitoring  Mechanism  (‘Mechanism’),  as  a  peer-to-peer 
instrument, supports the building of mutual trust among Member States. It is also essential for 
the effective functioning of Schengen by identifying and remedying problems and improving 
Member State implementation of the legal framework.  

A stronger and resilient Schengen needs a Mechanism fully fit for purpose. The Mechanism’s 
5-year  review  has  revealed  shortcomings  that  prevent  it  from  working  as  effectively  as  it 
should. Based on extensive consultations with all relevant stakeholders, which led to a broad 
common  understanding,  the  Commission  is  putting  forward  a  proposal  to  revise  the 
Schengen Evaluation and Monitoring Mechanism. The aim of the proposal is to make the 
Mechanism  more  efficient,  strategic  and  better  equipped  to  tackle  new  realities  and 
challenges. It should also increase the Mechanism’s capacity to facilitate political dialogue on 
the  state  of  Schengen,  focusing  on  those  areas  that  have  the  potential  to  jeopardise  the 
functioning of the Schengen area as a whole. 

The  proposal  significantly  accelerates  the  evaluation  process  to  identify  and  address 
shortcomings  in  time.  It  establishes  an  expedited  procedure  when  evaluations  detect 
deficiencies  that  could  put  the  functioning  of  the  Schengen  area  at  risk.  Under  this  new 
procedure, the evaluated Member State will have to immediately start implementing actions to 
remedy deficiencies even before the evaluation report is adopted, informing the Commission 
and Member States without delay of the measures taken. It also focuses the decision-making 
power  of  the  Council  on  the  most  politically  relevant  cases  and  increases  the  European 
Parliament’s and the Council’s scrutiny role in the process.  

The  proposal  creates  a  flexible  framework  to  fully  integrate  in  the  evaluations  recent 
legislative developments, such as the new IT architecture and the Entry-Exit System, as well 
as  the  enhanced  role  of  relevant  EU  agencies.  It  also  reinforces  risk-based  evaluations, 
allowing  for  a  better  overview  of  Member  State  performance  and  of  the  functioning  of  the 
Schengen  area  as  a  whole.  It  brings  much  needed  flexibility  to  react  when  new  challenges 
arise,  while  simplifying  existing  procedural  obligations  and  eliminating  red  tape.  It  clarifies 
existing tools, creates new ones, and expands the evaluation cycle from five to seven years, all 
to ensure a more closely, tailored and strategic monitoring of Member States.  

The  current  mechanism  will  continue  evaluating  how  Member  States  are  implementing  and 
applying data protection requirements. In addition, in order to address concerns on the limited 
capacity of the  current  Mechanism to  detect  specific types of fundamental rights  violations, 
the  proposal  increases  the  role  of  the  Fundamental  Rights  Agency  and  its  systematic 

20 

 
 
 
 
 
 
 
 
involvement in evaluations as well as the role of third parties including ombudspersons, and 
authorities monitoring the respect of fundamental rights. To render unannounced visits more 
effective,  the  proposal  provides  for  the  removal  of  the  systematic  24-hour  notice  for  such 
visits. 

In recent years, other quality control and monitoring mechanisms have been established at EU 
and  national  levels  that  can  complement  the  Schengen  Evaluation  and  Monitoring 
Mechanism.  The  proposal  provides  for  increased  synergies  with  those  instruments,  in 
particular  the  vulnerability  assessment  process  carried  out  by  Frontex.  The  aim  is  to 
maximise the use of information gathered through the vulnerability assessment and avoid, to 
the  extent  possible,  duplication  of  efforts  and  conflicting  recommendations.  Relevant 
examples, in other policy fields where increased synergies will be possible are the European 
Multidisciplinary Platform Against Criminal Threats (‘EMPACT’) or the oversight conducted 
by the Commission, with the support of eu-LISA, as regards the implementation of relevant 
IT systems. Results of national quality control mechanisms (encouraged under the European 
Border  and  Coast  Guard  Regulation)  and  of  the  independent  monitoring  mechanism 
developed  under  the  proposal  introducing  a  pre-screening  of  third-country  nationals  at  the 
external borders, would also be taken into account in evaluations. 

The Mechanism relies on Member State readiness to implement recommendations. However, 
if one Member State fails to implement the relevant legislation correctly and is not following 
up  on  recommendations  made,  this  has  an  effect  on  the  entire  Schengen  area.  The 
Commission  will,  where  necessary  and  appropriate,  make  a  more  systematic  use  of  the 
synergies  between  the  Schengen  Evaluation  and  Monitoring  Mechanism  and 
infringement  procedures.  To  this  end,  it  will  follow  a  structured  approach,  applying  more 
flexible  and  transparent  criteria  to  decide  on  the  circumstances  that  may  trigger  an 
infringement procedure in line with the Commission’s overall policy on the enforcement and 
implementation  of  EU  law54.  Situations  in  which  infringements  could  be  pursued  include 
important ‘non-compliant’ findings that could have a substantial and immediate impact on the 
proper  functioning  of  Schengen,  when  a  Member  State  does  not  systematically  follow 
recommendations  to  remedy  ‘non-compliant’  deficiencies,  or  when  there  are  ‘persistent 
deficiencies’  because  the  Mechanism  has  not  succeeded  in  ensuring  Member  State 
compliance by the end of the cycle.  

In addition, the Commission will launch a close political and technical dialogue with Member 
States  having  long-lasting  controls  at  internal  borders,  with  a  view  to  understanding  the 
situation,  and  explore  with  those  Member  States  options  for  specific  cooperation  measures 
between  neighbouring  Member  States  or  reinforced  cross-border  police  cooperation.  Where 
these consultations confirm that Member States disproportionally prolong controls at internal 
borders,  without  any  intention  to  change  course  of  action,  the  Commission  is  prepared  to 
make use of the legal means at its disposal. Finally, the Commission will continue to assess 

54  

Communication  from  the  Commission  -  EU  law:  Better  results  through  better  application,  
 C(2016)8600 (OJ C 18, 19.1.2017, p. 10). 

21 

 
 
 
 
 
                                                 
the COVID-related introduction of internal border controls with a view to ensuring that they 
are lifted as soon as the epidemiological situation permits. 

Completing the Schengen area 

The  Commission  considers  that  completing  Schengen  requires  taking  the  necessary  steps  to 
follow up on the legitimate expectation and the legal obligation of those  EU Member States 
that are not yet fully part of the area without controls at internal borders to join. Bulgaria and 
Romania  have  been  positively  evaluated  within  the  framework  of  the  Schengen  evaluation 
process  already  in  2010/2011.  Concerning  Croatia,  on  22  October  2019  the  Commission 
adopted  a  Communication55  which  stated  that  Croatia  had  taken  the  measures  needed  to 
ensure that the necessary conditions for the application of the Schengen acquis are met which 
was reconfirmed following a targeted revisit to Croatia’s external borders.  

The Commission considers that is it now high time to follow up on these positive evaluations 
and therefore calls upon the Council to take the necessary steps for Bulgaria, Romania and 
Croatia to become part of the area without controls at the internal borders of Member 
States. These Member States are effectively implementing most of the Schengen acquis, but 
without the full benefits that comes with being part of the Schengen area, and this needs to be 
rectified.  

Not only is their accession to the Schengen area a lawful expectation and legal obligation of 
these countries, the Commission is also convinced that all three countries joining Schengen in 
full will increase security in the EU as a whole, as these countries will then  be able to fully 
exploit  the  tools  available,  such  as  those  linked  to  the  Visa  Information  System  and  to 
interoperability.  Their  accession  is  finally  crucial  for  a  reinforced  mutual  trust  in  the 
Schengen area. 

The  same  will  apply  for  Cyprus  once  it  has  successfully  completed  the  currently  ongoing 
Schengen evaluation process. From a technical point of view, the national system of Cyprus is 
ready to integrate into the Schengen Information System, therefore  the Council could take a 
decision  soon  to  grant  Cyprus  partial  access  to  the  Schengen  Information  System,  as  an 
important first step.  

Ireland,  while  not  part  of  the  Schengen  area,  as  a  result  of  its  opt-in  on  the  part  of  the 
Schengen  acquis  related  to  the  Schengen  Information  System,  has  had  access  to  the  system 
since March 2021. This is a further building block for an increased security all throughout the 
EU.  

55  

Communication from the Commission to the European Parliament and the Council on the verification 
of the full application of the Schengen acquis by Croatia, 22 October 2019, COM(2019)497 final. 

22 

 
 
 
 
 
 
 
 
 
                                                 
Key actions to reinforce the preparedness and governance of Schengen  

The Commission is: 
  presenting a proposal for a Regulation to revise the Schengen Evaluation and Monitoring 

Mechanism. 

The Commission will: 
  organise regular Schengen Forums and present annual ‘State of Schengen Reports’; 
  present a Communication on lessons learned from the COVID-19 crisis (Q2 2021); 
 

launch political and technical dialogues with Member States having long-lasting controls 
at internal borders (Q3 2021); 

  present a proposal for a Regulation amending the Schengen Borders Code (Q4 2021); 
  codify  the  guidelines  and  recommendations  developed  in  relation  to  COVID-19    in  the 

Practical Handbook for Border Guards (Q4 2021); 

  present  a  Contingency  plan  that  includes  the  reactivation  of  the  Green  Lanes  system  in 
response to any new crisis in case the proper functioning of the free movement of goods in 
the Single Market is threatened (Q4 2021); 

  propose the Single Market Emergency Instrument (2022). 

The Commission, Member States and Agencies should: 
  constantly monitor the migratory situation at the EU external borders and in relevant third 

countries with the Migration Crisis Blueprint framework. 

The Council is called upon to: 
 

take the necessary steps for Bulgaria, Romania and Croatia (as well as Cyprus once it has 
successfully  completed  the  currently  ongoing  Schengen  evaluation  process)  to  become 
part of the area without internal border controls. 

5. CONCLUSION  

36 years ago, five Member States agreed to abolish border controls between them. With the 
end to internal border controls began a shared responsibility for European internal security, at 
a  time  when  none  of  the  systems  we  count  on  today  existed.  What  did  exist  was  trust  and 
commitment to build an area of freedom, security and justice without internal borders. Trust 
and commitment are absolutely essential for the area of freedom, security and justice to work. 
Trust  in  each  Member  State  to  implement  the  rules  to  keep  the  Union  a  safe  place  of  free 
movement without border control and commitment from all stakeholders involved to preserve 
and reinforce the architecture underpinning the Schengen area. 

With the measures proposed in this Strategy, the Commission aims to complete the range of 
tools necessary to ensure the proper functioning of the Schengen area, as an area of freedom, 
security and justice. This should once again put the ecosystem of rules back into balance and 
reinforce the mutual trust between Member States so that all its residents, and our economy, 
can again fully benefit from a Schengen area without internal border controls.  

23 

 
 
 
 
 
 
 
 
 
It is also essential to continue working together to find solutions to immediate crisis like the 
COVID-19  pandemic  by  implementing  the  agreed  recommendations  on  travel  to  the  EU  as 
well  as  the  EU  Digital  COVID  certificate  without  delay  and  in  harmonised  manner.  It  is 
equally crucial to continue working with our partners in third countries to address the pressure 
at  our  external  borders  and  ensure  international  cooperation,  including  with  the  relevant 
international  organisations,  in  particular  WHO  and  ICAO,  to  combat  the  COVID-19 
pandemic so that we can go back to normal.  

The  Commission  will  bring  forward  the  proposals  and  initiatives  included  in  this  Strategy, 
and  as  appropriate,  will  support  Member  States  financially  and  operationally  to  ensure  that 
legislation is properly implemented. At the same time, it calls upon the European Parliament 
and Council to adopt the proposals still under discussion, such as those submitted under the 
New  Pact  on  Migration  and  Asylum,  as  well  as  the  proposal  for  a  reform  of  the  Schengen 
Evaluation Mechanism, presented together with this Strategy.  

Finally, the Commission calls upon the Member States to swiftly implement all the initiatives 
that have already been adopted, in particular the new IT architecture and the European Border 
and Coast Guard Regulation. This should complete the work done in the areas of the external 
borders and internal security, where all the measures and initiatives already agreed now need 
to  be  properly  implemented.  With  the  upcoming  proposal  on  the  revision  of  the  Schengen 
Borders  Code,  the  Commission  will  also  address  the  need  for  coordination  in  case  of  the 
emergence of threats with a Schengen-wide dimension. A Contingency plan that includes the 
reactivation  of  the  Green  Lanes  system  in  response  to  any  possible  new  crisis  -  in  case  the 
proper  functioning  of  the  free  movement  of  goods  in  the  Single  Market  is  threatened  -  will 
equally  be  proposed.  All  this  should  lead  to  securing  trust  in  a  European  wide  area  of 
freedom,  security  and  justice  where  our  citizens  can  move  freely  and  safely,  and  where  the 
recourse to internal border controls will remain truly a measure of last resort.  

24