COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Making Schengen stronger with the full participation of Bulgaria, Romania and Croatia in the area without internal border controls
Date: 2022-11-16
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: Bulgaria, Croatia, Romania, Schengen Agreement, accession to the European Union, application of EU law, border control, external border of the EU, internal border of the EU

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  EN 

   EUROPEAN COMMISSION  Brussels, 16.11.2022  COM(2022) 636 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Making Schengen stronger with the full participation of Bulgaria, Romania and Croatia in the area without internal border controls              
 
 
I. 

Introduction 

The Schengen area without internal border controls (the “Schengen area”) is among the most 
emblematic achievements of European integration and one of the most tangible manifestations 
of  the  European  way  of  life,  driving  the  economy  and  uniting  Europeans  across  internal 
frontiers. 

What started as an intergovernmental project between five Member States in 1985 – France, 
Germany,  Belgium,  Netherlands  and  Luxembourg  –  has  gradually  expanded  over  seven 
enlargement stages to become what is today the largest area of free movement in the world. 
The benefits of abolishing internal borders remain as compelling today as they were in 1985. 
Schengen is a reality for millions: every single day, around 3.5 million people cross internal 
borders  for  work,  study  or  visiting  families  and  friends.  Schengen  enhanced  our  collective 
security, enabling Member States’ authorities to cooperate closely together.  Beyond this, the 
Schengen area is designed to be the bedrock of the European Union and its single market as a 
whole. In the current challenging geopolitical and economic context, a fully functioning and 
completed Schengen area is instrumental to stability, resilience and recovery. 

Today,  the  Schengen  area  comprises  26  countries  and  extends  over  4 million  square 
kilometres with a population of almost 420 million people. There are 22 EU Member States 
that  participate  in  the  Schengen  area.  Of  the  remaining  Member  States,  all  but  one  are 
required  and  should  therefore  be  permitted  to  join  the  Schengen  area  once  they  fulfil  the 
conditions. Four of the five remaining Member States, namely Bulgaria, Croatia, Cyprus and 
Romania, are already bound in part by the Schengen acquis but internal border controls with 
those Member States have not yet been lifted. Ireland participates in some important parts of 
the Schengen architecture with the exception of the acquis related to external borders and the 
abolition  of  internal  border  controls.  There  are  four  non-EU  Member  States:  Iceland, 
Liechtenstein, Norway, and Switzerland that have each signed agreements with the Union on 
association with  the application of the Schengen  acquis, and therefore  also  form  part of the 
Schengen area. With Bulgaria, Romania and Croatia fully applying the Schengen acquis, the 
Schengen area will grow to 4.5 million square kilometres with a population of 450 million. 

The  Schengen  acquis  is  an  integral  part  of  the  EU’s  legal  framework,  with  significant 
obligations  and  responsibilities,  which  every  new  Member  State  must  accept  in  full  as 
candidate  for  admission1.  In  particular,  they  need  to  be  prepared  and  have  the  capacity  to 
effectively  manage  the  external  borders  on  behalf  of  all  other  Schengen  States,  and  issue 
uniform Schengen visas. They need to be able to efficiently cooperate with law enforcement 
agencies in other States and to be able to connect to and use the relevant information systems, 
such as the Schengen Information System, in order to maintain a high level of security once 
there are no internal border controls. Finally, they have to ensure that fundamental rights and 
data protection requirements are respected in these activities. 

Beyond  meeting  these  requirements,  full  application  of  the  Schengen  acquis  relies  on 
unanimous  approval  from  all  other  Member  States  applying  the  Schengen  acquis  in  full.  In 

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Article 7 of Protocol 19 annexed to the Treaty on European Union and the Treaty on the Functioning of 
the European Union. 

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this  respect,  significant  progress  has  been  made  and  important  political  steps  have  recently 
been taken to  support  the full application  of the Schengen  acquis in  Bulgaria, Romania and 
Croatia. This is strongly advocated for by the European Parliament and it is a key priority for 
the Czech Presidency of the Council of the European Union. 

In addition, the Schengen evaluation process to assess the readiness to join the Schengen area 
is  ongoing  for  Cyprus 2 .  The  Schengen  Information  System  in  Cyprus  will  be  put  into 
operation soon and this process will be verified by a dedicated Schengen evaluation in 2023. 

This Communication takes stock of the strong record of achievements of Bulgaria, Romania 
and Croatia in having taken the measures needed to ensure that the necessary conditions for 
the  application  of  all  relevant  parts  of  the  Schengen  acquis  are  met,  as  set  out  in  their 
respective Acts of Accession of 2005 and 2011. It calls upon the Council to take the necessary 
decisions without any further delay, allowing these three countries, that are not yet fully part 
of the area without controls at internal borders, to join. 

There is no doubt the Union is ready for such a historical decision. The joint efforts made in 
recent  years  have  made  Schengen  stronger  and  more  resilient.  The  recently  established 
Schengen  governance  cycle  provides  all  the  tools  needed  to  regularly  assess  the  state  of 
Schengen,  moving  from  an  administrative  framework  to  common  political  governance  and 
responsibility.  The  Schengen  Council  and  Schengen  Forum  facilitate  transparent  and 
constructive  dialogue  between  the  EU  institutions  and  the  Member  States.  The  new  and 
reinforced Schengen Evaluation and Monitoring Mechanism, to which Bulgaria, Romania and 
Croatia  would  be  subject  immediately  after  the  decisions  on  the  full  application  of  the 
Schengen  acquis  will  be  taken,  will  ensure  the  timely  identification  of  any  possible 
deficiencies and corrective measures. 

As such, this eighth enlargement of the Schengen area would both confirm and reinforce the 
mutual  trust  and  unity  between  Member  States  on  which  Schengen  is  built  as  well  as 
contribute to continuously adapt and bring forward this fundamental project. 

II. 

Strong record of achievements by Bulgaria, Romania and Croatia 

Since 2011, the Commission has consistently held the opinion that Bulgaria and Romania are 
ready to become part of the Schengen area without internal border controls. The same applies 
to Croatia since 2019. The Commission has actively urged the Council3 to take the Decisions 
to allow Bulgaria, Romania and Croatia to join the area without internal controls. The same 
pledge has been made by the European Parliament on multiple occasions4. 

2  

3 
4 

In line with Article 3(1) and (2) of the 2003 Act of Accession certain provisions of the Schengen  acquis 
are  already  applicable  in  Cyprus  from  the  date  of  accession.  On  28  May  2019,  Cyprus  declared  its 
willingness  and  commitment  to  apply  all  parts  of  the  Schengen  acquis  and  to  be  subject  to  Schengen 
evaluations,  to  the  extent  possible  considering  the  special  circumstances  of  Cyprus  as  recognised  in 
Protocol No 10 to the 2003 Act of Accession. 
See for example the State of Schengen Report 2022. 
See  European  Parliament  Resolution  2018/2092(INI)  of  11.12.2018  and  the  last  resolution  2022/2852 
(RSP) of 18.10.2022 and the European Parliament’s vote of  10.11.2022 in favour of Croatia’s Schengen 
accession. 

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For  years, these Member States have significantly contributed to the  well-functioning of the 
Schengen  area,  including  during  the  migration  crises,  the  pandemic  restrictions  and  more 
recently  when  faced  with  the  unprecedented  consequences  of  the  war  in  Ukraine.  Having 
successfully completed all Schengen evaluations, there is a legitimate expectation of Bulgaria, 
Romania  and  Croatia  to  fully  join  the  Schengen  area  without  internal  border  controls.  The 
recent  voluntary  fact-finding  mission  to  Bulgaria  and  Romania  as  well  as  the  last  revisit  to 
Croatia and its achievements concerning the monitoring of fundamental rights at the external 
borders  decisively  confirm  that  these  countries  continue  to  effectively  meet  the  rigorous 
Schengen standards and have proven to have a model track record of implementation. While 
these Member States actively implement most of the Schengen acquis5, they do not enjoy the 
full benefits that come with being part of the Schengen area without internal border controls. 

In  a  strategic  geographical  position,  Bulgaria,  Romania  and  Croatia  play  a  key  role  in 
securing our common external border and effectively contributing to a high level of security 
and prosperity, as recent crises have shown. All the necessary tools, structures and procedures 
are  in  place  to  efficiently  manage  the  crossing  of  the  external  borders,  as  well  as  possible 
security  threats  at  those  borders,  thereby  contributing  to  addressing  serious  crime  with  a 
cross-border dimension. These countries have also demonstrated a high level of commitment 
to ensuring an effective response to the migratory pressure and related challenges, developing 
strong  cooperation  with  their  close  neighbours.  In  addition,  in  line  with  the  new  Schengen 
Evaluation Regulation6, Member States for which a Council decision has been adopted stating 
that the provisions of the Schengen acquis are to apply in full, shall be evaluated no later than 
one year from the date of the full application of the Schengen acquis in those Member States7. 
This  applies  to  Bulgaria,  Romania  and  Croatia  following  the  adoption  of  the  respective 
Decisions. 

Pursuant to Article 4(2) of the 2005 Act of Accession 8, Bulgaria and Romania successfully 
accomplished their respective Schengen evaluation processes in 2011. The process started in 
2009 and all relevant parts of the acquis were thoroughly assessed in line with the applicable 
procedures. The Council recognised the completion of the evaluation process in two separate 

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6 

7 

8 

In accordance with Article 4(1) and (2) of the 2005 Act of Accession, Bulgaria and Romania are not yet 
applying those provisions of the Schengen acquis as integrated into the framework of the European Union 
and  the  acts  building  upon  it  or  otherwise  related  to  it  that  are  not  part  of  the  Protocol  No  17  to  the 
Constitution on the Schengen acquis or otherwise related to it and that are listed in Annex II to the 2005 
Act of Accession. Nevertheless, since the completion of the evaluations in 2011, Bulgaria and Romania 
haven taken active part in the development of the Schengen acquis. 
Council Regulation (EU) 2022/922 of 9 June 2022 on the  establishment and operation of an evaluation 
and  monitoring  mechanism  to  verify  the  application  of  the  Schengen  acquis,  and  repealing  Regulation 
(EU) No 1053/2013, OJ L 160, 15.6.2022, p. 1–27. 
Article 23(6) of Council Regulation (EU) 2022/922 of 9 June 2022 on the establishment and operation of 
an evaluation and monitoring mechanism to verify the application of the Schengen acquis, and repealing 
Regulation (EU) No 1053/2013. 
On  the  basis  of  Article  4(2)  of  the  2005  Act  of  Accession  and  following  Bulgaria  and  Romania’s 
declarations of readiness of 2007 and 2008 to start the Schengen evaluation process (Romania: Council 
doc. 10611/07 of 8 June 2007; Bulgaria: Council doc. 6145/08 of 25 January 2008). 

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Council Conclusions  of 9 June 20119. The draft Council Decision on the full application of 
the provisions of the Schengen  acquis in  Bulgaria and Romania received a positive opinion 
from the European Parliament on 8 June 201110. Despite the positive outcome and completion 
of the Schengen evaluation process, for more than eleven years no Council Decision has been 
taken on the full application of the Schengen acquis in Bulgaria and Romania and the lifting 
of controls at their internal borders. 

Given that the evaluation processes for Bulgaria and Romania were completed in 2011, and 
the Schengen Evaluation and Monitoring Mechanism Regulation does not allow for a formal 
evaluation of Bulgaria and Romania to be relaunched, both have, with a view to strengthening 
mutual  trust  and  in  acknowledgment  of  the  development  of  the  Schengen  acquis  in  the 
intervening period, issued a Joint Declaration on 2 March 2022 inviting, on a voluntary basis, 
a  team  of  experts  under  the  coordination  of  the  Commission,  “to  ensure  the  application 
among others of the latest developments of the Schengen acquis since the evaluation, focusing 
on external border management and police cooperation”. 

In agreement with Bulgaria and Romania, both of which showed flexibility and commitment, 
and  following  requests  from  Member  States,  the  scope  of  the  mission  was  significantly 
enlarged  to  cover  all  relevant  elements  of  the  Schengen  acquis,  including  the  latest 
developments  since  2011,  with  a  focus  on  external  borders  and  police  cooperation.  Return, 
Schengen Information System, Visa Information System, as well as visa policy developments, 
were  also  looked  into.  The  mission  took  into  account  the  respect  for  fundamental  rights, 
including data protection, and the functioning of the authorities that apply the relevant parts of 
the Schengen acquis. The visits took place in Romania (9 to 11 October) and Bulgaria (12 to 
14 October 2022). A majority of Member States contributed to the mission and the team was 
composed of 17 Member State experts. In addition to the five Commission experts, observers 
from the European Border and Coast Guard Agency (“Frontex”), Europol and the European 
Union Agency for Fundamental Rights participated to the fact-finding mission. 

The  voluntary  fact-finding  mission  confirmed  the  conclusions  of  the  completed  evaluation 
processes  from  2011,  and  reveals  that  Bulgaria  and  Romania  have  not  only  continued 
implementing  the  new  acquis  and  tools,  but  that  they  have  also  substantially  reinforced  the 
overall application of the Schengen acquis in all its dimensions in a comprehensive manner.  

Bulgaria,  which  neighbours  Turkey,  plays  a  key  role  in  protecting  the  EU  external  borders 
and maintaining a high level of internal security. To this end, Bulgaria has put in place strong 
border  management  ensuring  quality  border  surveillance  and  systematic  border  checks.  As 
reflected  in  the  fact-finding  report,  Bulgaria  is  encouraged  to  further  improve  the  national 
situational picture by fully implementing the common integrated risk analysis model. Despite 

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Council conclusions on completion of the process of evaluation of the state of preparedness of Romania 
to implement all provisions of the Schengen acquis (Council Document 9166/11 of 9 June) and Council 
conclusions  on  completion  of  the  process  of  evaluation  of  the  state  of  preparedness  of  Bulgaria  to 
implement all provisions of the Schengen acquis (Council Document 9167/11 of 9 June 2011). 
European  Parliament  legislative  resolution  of  8  June  2011  on  the  draft  Council  decision  on  the  full 
application  of  the  provisions  of  the  Schengen  acquis  in  the  Republic  of  Bulgaria  and  Romania 
(14142/2010 – C7-0369/2010 – 2010/0820(NLE)). 

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existing  external  challenges,  Bulgaria  takes  a  coherent  approach  to  returning  third  country 
nationals  with  no  right  to  stay  and  preventing  unauthorised  secondary  movements.  Fight 
against cross-border crime  is  prioritised  with active international  police cooperation tools in 
place, including through and with Europol as well as through operational agreements Bulgaria 
has  concluded  with  neighbouring  countries  allowing  for  cross  border  surveillance  and  hot 
pursuit. The Schengen Information System is well established. As regards the functioning of 
the authorities, Bulgaria’s national strategy for Preventing and Combating Corruption is being 
implemented  at  all  levels  and  strengthened  by  prevention  measures  and  robust  disciplinary 
procedures. Bulgaria also demonstrated that it has the necessary structures in place to ensure 
respect for fundamental rights, guaranteeing access to international protection, observing the 
principle of non-refoulement as well as the data protection requirements for the application of 
the Schengen Information System and police cooperation.  

Romania, bordering Serbia, Ukraine and Moldova, plays a very important role in contributing 
to  the  well-functioning  of  the  Schengen  area.  There  is  high-quality  and  strong  border 
management,  including  border  surveillance  and  systematic  border  checks,  and  international 
police  cooperation  with  neighbouring  countries  is  functioning  well,  as  is  the  very  active 
cooperation  with  Frontex.  A  holistic  approach  to  migration  management  is  ensured  with 
actions implemented in third countries as well. Return is implemented as a priority action to 
fight  against  irregular  migration  and  unauthorised  secondary  movements,  resulting  in  a 
coherent  approach  for  return  and  readmission.  Romania  has  a  national  contingency  and 
operational  plan  for  extraordinary  situations,  which  Romania  successfully  activated  in 
response  to  the  Ukrainian  crisis.  Romania  furthermore  engages  in  effective  and  active 
international police cooperation, particularly with Europol. Fight against illegal migration and 
trafficking  in  human  beings  are  two  priorities  where  Romania  is  particularly  active.  The 
Schengen Information System has been well established and continued efforts are now needed 
to ensure the necessary automation of the SIRENE workflow.  Romania has a national Anti-
Corruption  Strategy  and  anti-corruption  measures  have  been  introduced  at  all  levels  within 
Romanian law enforcement. As regards respect for fundamental rights, Romania has effective 
structures  to  guarantee  access  to  international  protection  and  to  ensure  observance  of  the 
principle of non-refoulement as well as the necessary structures to respect the data protection 
requirements for the application of the Schengen Information System and police cooperation. 

The on-site expert team presented the report of the mission11 at the Council’s Working Party 
for Schengen Matters of 26 October 2022 and concluded that it had not identified any issues 
as  regards  the  application  by  Bulgaria  and  Romania  of  the  latest  developments  of  the 
Schengen  acquis  and that  both  Member States  continue to  meet  the  conditions necessary  to 
apply all relevant parts of the Schengen acquis in full. Both Bulgaria and Romania are ready 
to fully implement the Visa Code and issue Schengen visa from the moment of accession. The 
Commission welcomes the decision of Bulgaria and Romania to shift the necessary personnel 
from  the  border  police  sector  at  the  internal  borders  to  the  external  borders  once  internal 
border controls are lifted to counteract potential increase in irregular migration.  

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https://home-affairs.ec.europa.eu/bulgaria-and-romania-fact-finding-mission-report_en 

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Croatia, bordering Serbia, Bosnia and Herzegovina as well as Montenegro, plays an equally 
essential role in protecting the EU external borders and ensuring the well functioning of the 
Schengen  area.  Following  Croatia’s  ‘Declaration  of  Readiness’  to  start  the  Schengen 
evaluation process with a view to a Council Decision on the full application of the Schengen 
acquis, the evaluation process took place in the period 2016 – 2020.  

On 22 October 2019, the Commission adopted a Communication concluding that Croatia had 
taken the measures needed to ensure that the conditions for the application of all relevant parts 
of  the  Schengen  acquis  are  met  and  confirming  that  Croatia  continues  to  fulfil  the 
commitments  linked  to  the  Schengen  acquis  as  undertaken  in  its  accession  negotiations12. 
Reference  was  also  made  to  the  need  for  Croatia  to  continue  working  consistently  on  the 
implementation  of  all  ongoing  actions,  in  particular  in  the  field  of  external  border 
management to ensure that these conditions continue to be met. 

To  monitor  and  verify  the  implementation  of  those  actions  in  the  field  of  external  border 
management, the Commission organised a targeted verification visit to Croatia from 23 to 27 
November  2020.  The  visit  concluded  that  Croatia  had  implemented  the  majority  of  the 
actions.  Based  on  the  outcome  of  the  visit  and  the  latest  progress  report  of  Croatia  on  the 
implementation of the external borders action plan, the Commission closed the action plan on 
2 February 2021.  

The  Justice  and  Home  Affairs  Council  of  December  2021  confirmed  the  Commission’s 
conclusion as stated in the Communication of 22 October 2019 that Croatia has fulfilled the 
necessary  conditions  for  the  application  of  all  parts  of  the  Schengen  acquis13.  The  Council 
furthermore  invited  Croatia  to  continue  working  consistently  on  the  implementation  of  the 
Schengen  acquis,  as  well  as  commitments  linked  to  it.  On  29  June  2022,  the  Council 
consulted  the  European  Parliament  on  the  draft  Decision  on  the  full  application  of  the 
Schengen  acquis in  the Republic of Croatia. The draft Council Decision received a positive 
opinion from the European Parliament on 10 November 2022.  

Croatia has made considerable efforts to ensure that controls of the external borders comply 
with fundamental rights obligations and has committed to a “zero-tolerance” towards violence 
of  any  kind.  The  Commission  positively  notes  that  Croatia  is  the  first  Member  State  to 
establish, in June 2021, an Independent Monitoring Mechanism14, as proposed in the Pact on 
Migration and Asylum15. This is a unique forum to independently observe border guards’ and 
police practices, and to address any allegations of fundamental rights violations at the border, 
enhance  awareness,  including  through  training  of  border  guards  and  police  officers,  on  the 
applicable  laws  and  fundamental  rights  safeguards  and  ensure  improvements  of  the  internal 

12 

13 

14 

15 

 Commission Communication to the European Parliament and the Council on the verification of the full 
application of the Schengen acquis by Croatia (COM(2019) 497 Final of 22 October 2019). 
Council conclusions on the fulfilment of the necessary conditions for the full application of the Schengen 
acquis in Croatia (Council document 14883/21 of 9 December 2021).  
The  Mechanism  entered  into  force  on  8  June  2021  based  on  the  agreement  between  the  Croatian 
authorities and Croatian stakeholders. 
Proposal for a Regulation of the European Parliament and of the Council introducing a screening of third 
country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, 
(EU) 2018/1240 and (EU) 2019/817, COM/2020/612 final. 

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procedures. The Mechanism directly involves relevant Croatian stakeholders and is guided by 
an  independent  Advisory  Board  which  consists  of,  among  others,  two  Ombudspersons, 
including one for children, representatives of the European Commission, the European Union 
Agency for Fundamental Rights and intergovernmental organisations.  

After one year of operation of the Mechanism, the final report of the Coordination Board of 
the  Independent  Monitoring  Mechanism  was  adopted  in  July  2022.  On  this  basis,  on  27 
October 2022, the Advisory Board commended the activities of the Independent Monitoring 
Mechanism,  in  particular  the  setting  up  of  an  expert  and  fruitful  dialogue  with  Croatian 
authorities  which  followed  up  on  the  conclusions  of  the  Mechanism,  and  the  conduct  of 
twenty  on-site  observation  missions.  It  also  adopted  recommendations  for  possible  further 
improvements concerning a wider mandate including unannounced observations in particular 
at  the  green  border,  access  to  information  from  the  Ministry  of  the  Interior  and  the  need  to 
ensure a continued implementation of the independent monitoring mechanism.  

The  Commission  welcomes  the  commitment  of  the  Croatian  government  to  maintain  and 
continue implementing the Independent Monitoring Mechanism and notes positively that the 
recommendations of the Advisory Board are fully reflected in the new Agreement extending 
the  Independent  Monitoring  Mechanism,  which  was  signed  on  4  November  2022.  In 
particular, the new Agreement stipulates that the Mechanism is established for automatically 
renewable  periods  of  18  months  ensuring  therefore  that  its  envisaged  aims  are  durably  and 
sustainably  met,  and  provides  for  the  possibility  to  carry  out  unannounced  observations 
anytime at any location, including at the green border. This Agreement also provides that the 
Mechanism will be  able  to  require the launching  of official  investigations from  the relevant 
state  bodies  following  the  detection  of  irregularities  and  possible  fundamental  rights 
violations.  Furthermore,  the  Agreement  includes  specific  mechanisms  to  ensure  increased 
efficiency and transparency, including to facilitate communication with the interested public. 
Finally, the Agreement puts a stronger emphasis on a continuous monitoring of the respect of 
fundamental  rights  by  clarifying  that  the  Mechanism  monitors  the  respect  of  fundamental 
rights  in  all  circumstances,  with  particular  attention  to  the  right  to  effective  access  to  the 
asylum procedure and international protection, the respect of the principle of non-refoulement, 
the prohibition of collective expulsion as well as the prohibition of torture or other forms of 
ill-treatment.  

III. 

Strong record of achievements to reinforce and bolster Schengen 

The strong record of achievements by Bulgaria, Romania and Croatia matches a strong record 
of achievements reached progressively in the Schengen area as a whole. The Schengen area is 
continuously  developing  and  adjusts  to  new  challenges  and  priorities.  Our  Schengen  area 
today  is  robust  and  ready  for  this  new  enlargement  which  in  turn  will  contribute  to  further 
increasing its resilience, notably in the face of new geopolitical challenges. Over the past 37 
years, a comprehensive legal framework and common operational tools have been gradually 
developed to better protect the area without controls at internal borders.  

The  recently  established  Schengen  governance  system  guarantees  stronger  accountability 
and  common  responsibility  promoting  the  implementation  of  structural  reforms.  The 
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Schengen  Cycle  as  proposed  by  the  Commission,  sets  out  the  structures  for  a  coordinated 
approach to common challenges and increased political dialogue. 

The Schengen architecture has been under continuous renewal. The legal framework has been 
continuously strengthened offering already today a strong basis for managing external borders 
efficiently  whilst  guaranteeing  that  internal  border  controls  remain  measures  of  last  resort. 
The  upcoming  revision  of  the  Schengen  Borders  Code16 will  further  reinforce  the  rules, 
guaranteeing increased cooperation between Member States and full coordination at Union’s 
level. In addition, there is growing awareness and resolve from Member States on the need to 
address in a sustainable manner the issue of long-lasting internal border controls.  

In the past years, the EU has been intensively working to put in place one of the world’s most 
technologically  advanced  border  management  systems,  the  benefits  of  which  are  already 
visible on the ground today. The entry into operation of the upgraded Schengen Information 
System in early 2023 and the Entry/Exit System in May 2023 will bring additional security to 
our  external  border  management  and  the  Schengen  area.  The  full  new  IT  architecture, 
including the European Travel Information and Authorisation System (ETIAS) is expected to 
be in place by the end of 2023, and subsequent interoperability will connect European systems 
for  borders,  migration  and  security.  Once  in  place,  all  relevant  and  competent  national 
authorities  will  have  complete,  reliable  and  accurate  information  needed,  in  full  respect  of 
data protection requirements.  

The Visa Code, which entered into force in 2010-2011, was revised in 2020, providing faster 
and clearer procedures for travellers, while at the same time increasing the tools available to 
respond  to  the  challenges  posed  by  irregular  migration.  The  new  possibility  to  use  visa 
leverage towards third countries with which the cooperation on readmission is insufficient has 
already yielded positive results17. The Visa Information System, recently reformed to include 
new  functionalities  (e.g.  integration  of  long-stay  visas  and  residence  permits),  has  been 
effectively  supporting  Member  States  authorities  and  allowing  for  better  checks  of  visa 
applicants  in  order  to  identify  those  who  may  pose  a  security  threat  or  risk  abusing 
immigration  rules.  Furthermore,  the  Union  has  continued  to  work  to  make  Schengen  more 
attractive, adding new third countries to the list of countries whose nationals can travel visa-
free  to  the  EU  and  concluding  Visa  facilitation  agreements  with  third  countries.  The 

16 

17 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  amending  Regulation  (EU) 
2016/399  on  a  Union  Code  on  the  rules  governing  the  movement  of  persons  across  borders 
(COM/2021/891 final of 14 December 2021). 
In  July  2021,  the  Commission  proposed  to  impose  visa  restrictive  measures  on  three  countries: 
Bangladesh, the Gambia and Iraq. In October, following the Commission’s proposal, the Council adopted 
visa measures against the Gambia. In November, due to subsequent improvement of the cooperation with 
Bangladesh, the Council then decided not to act upon the Commission’s proposal. In the case of Iraq, as a 
result of discussions that continued until December, no measures were adopted as it was not considered 
the right moment given the constructive cooperation of Iraq in the context of the developments at the EU-
Belarus border. 

8 

 
 
 
 
                                                                 
upcoming  digitalisation  of  visa  procedures 18  will  convert  the  current  paper-based  visa 
application procedure into a digital one making it faster and more secure. The single on-line 
platform will put an EU face to the visa process and will create a unique entry point for visa 
applicants worldwide, thus increasing the EU’s attractiveness as a travel destination. 

A robust management of external borders is key to compensate for the elimination of controls 
at  internal  borders,  ensuring  mutual  trust.  The  Union  and  the  Member  States  are  actively 
working towards achieving a fully  effective and  integrated European border management  in 
practice19, including  actions to  make returns of  third-country nationals  with no right  to stay 
more  effective20.  Moreover,  the  establishment  of  the  European  Border  and  Coast  Guard 
and the daily implementation of its reinforced mandate21, was amongst the landmark decisions 
the Union took for fully meeting the imperatives of Schengen. Security and the functioning of 
the  Schengen  area  is  also  supported  by  an  effective  implementation  of  the  Union  Custom 
Code  in  close  cooperation  with  European  Border  and  Coast  Guard  authorities.  This 
cooperation guarantees that control of goods is well integrated in the same security processes. 

A stronger Schengen also contributes to better addressing internal security challenges. The 
abolition of border controls has allowed Member States to use police resources to fight crime 
and internal terrorism in a more targeted way. Member States’ law enforcement authorities22 
are able to exchange information more efficiently as a result of the increased use of EU tools 
and  instruments.  This  has  led  to  a  better  coordination  of  investigative  actions.  Based  on 
legislative proposals the Commission tabled in December 2021, the European Parliament and 
the Council are progressing in the legislative work to further enhance information exchange. 
The Commission calls on the European Parliament and the Council to reach swift agreement 
on the proposal for a Directive on information exchange between law enforcement authorities 
of Member States.23 Moreover, the Commission will table by the end of the year a legislative 

18 

19 

20 

21 

22 
23 

Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EC) No 
767/2008,  (EC)  No  810/2009  and  (EU)  2017/2226  of  the  European  Parliament  and  of  the  Council, 
Council Regulations (EC) No 1683/95, (EC) No 333/2002, (EC) No 693/2003 and (EC) No 694/2003 and 
Convention  implementing  the  Schengen  Agreement,  as  regards  the  digitalisation  of  the  visa  procedure 
(COM(2022) 658 final of 27 April 2022). 
On 24 May 2022, the Commission tabled a Policy document developing a multiannual strategic policy for 
European integrated border management in accordance with Article 8(4) of Regulation (EU) 2019/1896 
of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast 
Guard. Following the input of the Council and the European Parliament, the Commission will adopt the 
Communication  setting  up  the  multiannual  strategic  policy,  which  will  steer  the  implementation  of  the 
European Integrated Border Management under the 5-year policy cycle.  
The  Return Coordinator appointed last June has been  steering a High-level Network including Member 
State representatives and Frontex to remove barriers hampering returns, reinforce national capacities and 
enhance coherence of EU action. 
For instance, under the new mandate, the Agency has significantly step up its support to Member States in 
all phases of the return process, including on voluntary return and reintegration, establishing itself as the 
operational  arm  of  the  EU  for  returns.  In  2021  more  than  17,000  people  returned  with  the  help  of  the 
Agency. 
The competent authorities within the meaning of Article 87(1) TFEU. 
Proposal for a Directive of the European Parliament and of the Council on information exchange between 
law  enforcement  authorities  of  Member  States,  repealing  Council  Framework  Decision  2006/960/JHA 
(COM(2021) 782 final of 8 December 2021). 

9 

 
 
 
 
                                                                 
proposal  for  a  Regulation  on  the  collection  and  transfer  of  advance  passenger  information 
(API) to fight serious crime and terrorism, including on selected intra-EU flights. 

As action at national level alone does not suffice to address transnational security challenges, 
Member States’ law enforcement authorities have increasingly made use of the support  and 
expertise  that  Europol,  the  EU  agency  for  law  enforcement  cooperation,  offers  to  counter 
serious  crime  and  terrorism.  The  recent  entry  into  force  of  Europol’s  reinforced  mandate 
further  strengthens  the  means  available  to  the  Agency  to  support  Member  States  in  their 
investigations into cross-border serious crime and terrorism, for example with the processing 
of  big  data,  cooperation  with  private  parties  or  the  work  on  innovation  and  artificial 
intelligence to support law enforcement.24 Europol has also stepped up its support to Member 
States in countering terrorism through its European Counter Terrorism Centre. Member States 
also  engage  actively  in  the  European  Multidisciplinary  Platform  Against  Criminal  Threats 
(EMPACT)  as  the  overall  framework  for  cooperation  to  fight  organised  and  serious  crime 
affecting the EU25, with increased financial support from the Union. 

Member  States  enhance  their  operational  cooperation  by  giving  effect  to  the  Council 
Recommendation  of  9  June  2022  on  operational  law  enforcement  cooperation,  using  cross-
border hot pursuits and surveillance, joint operations or joint patrols to counter cross-border 
crime.26 The Commission supports Member States in taking forward the actions set out in the 
Recommendation,  including  with  funding  under  the  Internal  Security  Fund.  Member  States 
also  cooperate  through  joint  police  checks  they  carry  out  in  border  areas,  in  line  with  the 
Commission  Recommendation on proportionate  police checks and police cooperation in  the 
Schengen area.27 

Finally,  a  strong  and  well-functioning  Schengen  area  requires  not  only  a  proper 
implementation of the Schengen acquis but also close cooperation between Member States on 
other complementary measures, including in the area of migration and asylum. A lot of work 
has  been  and  will  continue  being  done  to  ensure  an  effective  management  of  migration 
challenges. As a follow up to the declaration on a Voluntary Solidarity Mechanism agreed in 
June, the Commission is facilitating the Member States’ work in finding common solutions to 
the issue of unauthorised secondary movements. In particular, following the discussions at the 
Contact Committee meeting on the Dublin III Regulation, held on 24 June 2022, the Member 

24 

25 

26 
27 

Regulation  (EU)  2022/991  of  the  European  Parliament  and  of  the  Council  of  8  June  2022  amending 
Regulation  (EU)  2016/794,  as  regards  Europol’s  cooperation  with  private  parties,  the  processing  of 
personal  data  by  Europol  in  support  of  criminal  investigations,  and  Europol’s  role  in  research  and 
innovation. 
For instance, law enforcement authorities jointly targeted firearms trafficking, drugs trafficking, migrant 
smuggling and trafficking in human beings during coordinated EMPACT Joint Action Days between 26 
and 29 October. The operational activities involving 28 countries across Europe were also supported by 
Eurojust, Frontex, INTERPOL, SELEC and other international organisations. The EMPACT Joint Action 
Days were planned based on an intelligence-led approach, which involved the cooperation of almost 16 
000 officers and resulted, among others, in 382 arrests of suspects, 2 476 illegal entries detected and 130 
new 
initiated.  https://www.europol.europa.eu/media-press/newsroom/news/382-arrests-
during-joint-actions-against-traffickers-using-balkan-route?mtm_campaign=newsletter 
Council Recommendation (EU) 2022/915 of 9 June 2022 on operational law enforcement cooperation. 
Commission Recommendation (EU) 2017/820 of 12 May 2017 on proportionate police checks and police 
cooperation in the Schengen area. 

investigations 

10 

 
 
 
 
                                                                 
States,  the  Commission  and  the  European  Union  Agency  for  Asylum  (‘EUAA’)  agreed  to 
work  on  a  roadmap  to  improve  and  ensure  the  implementation  of  transfers  under  that 
Regulation  in  all  Member  States.  Working  together,  on  the  basis  of  collectively  identified 
actions in this roadmap, will help bring tangible improvements to the Dublin system, which is 
crucial to continue building trust. 

At the same time, decisive progress in adopting the Pact is crucial considering that it includes 
solutions  needed  to  contribute  to  effective  migration  management,  closer  cooperation  and 
responsibility sharing between Member States, thereby reinforcing mutual trust and as a result 
supporting a strong Schengen area. 

IV.  Reaching Schengen’s full potential 

Bulgaria, Romania and Croatia’s accession to Schengen responds to both a European promise 
and  a  legitimate  expectation  that  membership  follows  when  all  the  agreed  conditions  are 
verified  and  met.  Schengen  enjoys  overwhelming  support  of  the  European  population28 and 
any  continuing  delays  in  Bulgarian,  Romanian  and  Croatian  citizens  enjoying  their  rights, 
should be avoided. The European Parliament, the Presidency of the Council and the European 
Commission  have  shown  a  steadfast  commitment  to  this  new  wave  of  accession  to  a 
Schengen area without internal border controls, and have given this process full and continued 
political and technical support. 

Bulgaria, Romania and Croatia are ready to fully implement the Schengen acquis and to join 
the Schengen area.  Their  accession is  crucial  for a  continued and reinforced mutual  trust  in 
the Schengen area. Furthermore, their accession will contribute to eliminating barriers within 
the single market, notably in terms of facilitating transport flows, as well as to fostering EU’s 
competitiveness  and  growth  potential.  Adding  Bulgaria’s,  Romania’s  and  Croatia’s  highly 
trained and dedicated staff, their state-of-the-art infrastructure and know-how to the collective 
toolkit for the management of the Schengen area will boost border management and security 
in  the EU  as a whole.  In turn, these new Schengen members will then  also  be  able to  fully 
exploit all the tools available, such as those linked to the Visa Information System and to the 
interoperability  of  large-scale  IT  systems.  This  will  also  lead  to  a  stronger,  more  orderly 
management of migration, with third countries particularly in the European neighbourhood, at 
our external borders and between Member States. 

An enlarged Schengen area will make the EU stronger as a Union, internally and on the global 
stage.  It  will  make  the  Union  stronger  –  through  a  reinforced  protection  of  our  common 
external borders and effective police cooperation – more  prosperous – by  eliminating time 
lost  at  borders  and  facilitating  people  and  business  contacts  –  and  more  attractive  –  by 
significantly expanding the world’s largest common area without internal border controls. 

The Schengen Council now has the opportunity to take a historical decision in December. The 
Commission calls on all Member States to fully support the Czech Presidency in the last steps 

28 

Winter 2021/2022 Eurobarometer.  

11 

 
 
 
 
                                                                 
to  make  this  happen,  in  line  with  the  2005  and  the  2011  Acts  of  Accession  of  respectively 
Bulgaria and Romania, and Croatia. 

12