Source: EURLEX
Language: en
Format: md

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

**Interinstitutional File:**

**2020/0114(NLE)**

**OUTCOME OF PROCEEDINGS**

From: General Secretariat of the Council

On: 16 July 2020

To: Delegations

No. prev. doc.: 9096/20

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

**9765/20**

**SCH-EVAL 82**
**FRONT 197**
**COMIX 317**

Subject: Council Implementing Decision setting out a recommendation on
addressing the deficiencies identified in the 2019 evaluation of **Hungary** on
the application of the Schengen _acquis_ in the field of **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 Hungary on the application of the

Schengen acquis in the field of 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 Hungary on the application**

**of the Schengen acquis in the field of 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 Hungary remedial actions to address the

deficiencies identified during the Schengen evaluation in the field of management of the

external borders 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) 86.

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

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(2) The international cooperation and the integration of the results of that cooperation activities

in the risk analysis at all levels and the support provided for the situational awareness and

the operational response in the fight against illegal migration and cross-border crime as well

as the fact that the majority of the police patrols for border surveillance in the first and

second layer have at their disposal a small hand-held encrypted mobile device that allows

for fast and discrete checks of persons against all available databases, were considered

points of particular interest. In addition, the National Complex Document Filing System

(NEKOR) available at all work stations (first and second line) providing visual and textual

information of original and counterfeit documents, which gives significant assistance for the

detection of document forgery and improves the situational awareness and the quality of

border checks as well as the capacities of tackling the crimes related to stolen vehicles by

using the network called “ANTILOP”, were considered points of particular interest.

(3) In light of the importance of complying with the Schengen acquis, priority should be given

to implementing the recommendations related to integrated border management: 1, human

resources: 3 and border checks: 10.

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

the Member States. Within six months of its adoption, Hungary should, pursuant to Article

16(8) of Regulation (EU) No 1053/2013, provide the Commission with an assessment of the

(possible) improvements and with a description of required actions,

RECOMMENDS:

that Hungary should

**Integrated Border Management**

1. reassess the organisation of the border control structures and consider establishing regional

coordination structures for border management to ensure sufficient and uniform

coordination and communication;

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**Contingency planning**

2. include thresholds in the national and county contingency plans to indicate the type of

actions required by the different scale of threat levels;

**Human Resources**

3. reassess the human resources plan and its content related to border control to improve the

allocation of staff. Consider setting up a stable and permanent pool of border police

officers capable to deliver border control tasks to guarantee a high uniform level of border

control;

**National training system for border management**

4. develop the planning, implementation and evaluation of continuous training. Establish a

national training plan at strategic, regional and local level to identify the training needs and

monitor the implementation of continuous and specialised training. Increase the number of

multipliers at county and local level; provide them with specialised training for trainers;

5. assess the level of implementation of the Common Core Curriculum in the national

training system for non-commissioned border police by using the tools provided by

Frontex. Increase the level of implementation of the Common Core Curricula in the

national training system for non-commissioned border police;

**Risk analysis**

6. increase the exchange of information on risk analysis and profiling with customs

authorities and with the partners with whom the common border control is performed at the

border crossing points by implementing a regular and systematic exchange of risk analysis

and profiles for border control;

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**Land Border Surveillance**

7. centralise tactical decision making about the border surveillance resources of the border

police office, for instance by giving a stronger mandate to the duty officer or by ensuring

that the shift leader has a more comprehensive and real time situation awareness;

8. establish an efficient communication and coordination between the border police and

customs authorities concerning the planning and implementation of operational activities;

**National Coordination Centre/Eurosur**

9. increase the number of staff of the National Coordination Centre (NCC) to guarantee a

permanent availability and quality in the operation of the NCC;

**Border checks – Horizontal issues**

10. improve the knowledge of foreign languages, namely English for border guards, in

particular for those working in the first line border checks, by ensuring that all the police

officers receive adequate and sufficient language training;

11. increase the training in profiling and interviewing techniques for border police performing

border checks tasks;

12. ensure the use of a uniform standard form for refusal of entry at all the borders in

compliance with ANNEX V Part B of the SBC regardless the type of border;

**Visited sites – Land borders**

**Police Office (PO) MOHACS/ Udvar Border Crossing Point**

13. guarantee the regular use of the available equipment for searching lorries;

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**Visited sites – Air borders, horizontal issues**

14. ensure that all advance passenger information data is checked automatically and

systematically against the relevant databases to facilitate the performance of border checks

and combat illegal immigration more effectively;

15. take measures in order to improve the communication between the passenger and the

border guard, for instance by adapting the front glass of the control booth to ensure a

proper understanding on both sides;

16. ensure that the authenticity of the chip data of passports containing a storage medium is

checked;

**Budapest Liszt Férenc Airport**

17. increase the number of second line officers and ensure a proper balance between the

number of second line officers on duty and tasks performed;

18. optimise the first line checks, making better use of passenger profiling and focusing on

asking the right questions to avoid disproportionate waiting time for passengers;

19. improve the procedure for the passengers who will undergo second line checks ensuring

that they are provided with the written information on the purpose and procedures of such

a check without interfering with the efficient performance of first line checks, preferably

once they are at the second line;

20. ensure that the signs indicating the beginning of the lanes at the arrival area are more

visible for all passengers, for example by indicating different lanes on the floor and avoid

that passenger flows need to be divided by police officers;

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21. install sunshades or blinds on the window on the western side of the newly opened non

Schengen arrival terminal 2B, which can be automatically lowered in case of need, in order

to optimise visibility and temperature;

22. increase the number of risk analysts at regional level. Ensure that the risk analysis is

performed by officers who are especially dedicated to perform this task;

23. improve the awareness of first line officers on useful reference materials related to threats

and risks by regular trainings and briefings before the duty;

**Debrecen Airport**

24. increase the number of advanced level document experts at Debrecen International Airport

to ensure an efficient support at the second line for thorough document examination during

all shifts. Improve the level of the expertise on document examination of all first and

second line officers e.g by promoting regular and temporary deployment of police officers

at Debrecen Airport border crossing point to other border crossing points where the variety

in identity documents to be checked and irregular situations to be dealt with is more

frequent;

25. improve the information flow and the briefing by preparing relevant information for the

first line officers in a timely and useful way to ensure actual situational awareness;

26. increase the number of risk analysts working full-time on risk analysis and ensure the

proper training of the staff appointed for risk analysis positions;

27. improve the understanding of first line officers with regards to the reasons and procedure

for further checks carried out at the second line in order to ensure swift performance of

border checks and efficient flow of the passengers.

Done at Brussels,

_For the Council_

_The President_

___________________

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