Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2020/0117(NLE)**

**OUTCOME OF PROCEEDINGS**

From: General Secretariat of the Council

On: 16 July 2020

To: Delegations

No. prev. doc.: 9100/20

**Brussels, 17 July 2020**
**(OR. en)**

**9771/20**

**SCH-EVAL 88**
**FRONT 198**
**COMIX 323**

Subject: Council Implementing Decision setting out a recommendation on
addressing the deficiencies identified in the 2019 evaluation of **Slovenia** on
the application of the Schengen acquis in the field of the **management of**
**the external borders**

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

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

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

procedure on 16 July 2020.

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

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

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Council Implementing Decision setting out a

**RECOMMENDATION**

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

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

THE COUNCIL OF THE EUROPEAN UNION,

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

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

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

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

Committee on the evaluation and implementation of Schengen **[1]**, and in particular Article 15 thereof,

Having regard to the proposal from the European Commission,

Whereas:

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

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

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

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

adopted by Commission Implementing Decision C(2020) 11.

**1** OJ L 295, 6.11.2013, p. 27.

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

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

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

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

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

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

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

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

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

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

Integrated Border Management four-tier access model.

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

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

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

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

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

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

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

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

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

equipment.

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

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

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

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

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

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

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

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

that action plan to the Commission and the Council,

RECOMMENDS:

that Slovenia should:

**Integrated border management strategy**

1. further develop the Slovenian national integrated border management strategy, supported

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

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

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

Technical and Operational Strategy prepared by the Agency;

**Human resources and professionalism**

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

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

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

provisions of the Schengen _acquis_ ;

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

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

**Risk Analysis**

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

border control at national and regional level;

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**Quality control mechanism**

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

border management concept. Align this mechanism with European quality control

mechanisms, ensuring full coordination with the Schengen evaluation mechanism and

vulnerability assessment processes;

**National Coordination Centre/Eurosur**

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

properly trained, including in English language skills;

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

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

of data with Croatian and Italian National Coordination Centres;

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

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

Coast Guard;

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

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

Border and Coast Guard;

**Land border surveillance**

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

by providing efficient maintenance procedures;

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

road use and inland patrols;

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

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

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

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

to the Border Surveillance Unit Podlehnik;

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

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

awareness at local level;

**Sea border surveillance**

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

and risk analysis;

**Border checks – land borders**

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

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

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

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

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

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

means of subsistence;

**Border crossing point Port of Koper**

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

clear coordination structure and tasks for each participating agency;

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

managerial level of the border crossing point;

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

they join a police station with border control tasks;

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

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

frequency;

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

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

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

allow for better profiling and an efficient border check procedure;

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

Schengen Borders Code;

**Border Crossing Point Port of Piran**

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

Article 8 of the Schengen Borders Code;

**Border Checks – air borders**

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

Borders Code;

**Border Crossing Point Ljubljana airport**

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

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

Information data;

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

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

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

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

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

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

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

further away from the booth;

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

slot in the glass window).

Done at Brussels,

_For the Council_

_The President_

________________

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