Source: EURLEX
Language: en
Format: md

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

**Interinstitutional File:**

**2020/0094(NLE)**

**OUTCOME OF PROCEEDINGS**

From: General Secretariat of the Council

On: 16 July 2020

To: Delegations

No. prev. doc.: 9090/20

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

**9768/20**

**SCH-EVAL 85**
**MIGR 73**
**COMIX 320**

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

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

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

Schengen acquis in the field of return, 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 Poland on the application of**

**the Schengen acquis in the field of return**

THE COUNCIL 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 Poland remedial actions to address

deficiencies identified during the Schengen evaluation in the field of return 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) 40.

(2) The Reservation system of the detention centres in Poland allows for determining the place

of detention on the basis of the occupancy rate in different detention centres and other

criteria, which leads to enhanced efficiency of the process of selection of detention centres

and improves their functioning, avoiding possible overcrowding, and thus can be considered

a good practice.

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

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(3) The outdoor areas at the detention centres in Przemyśl and Kętrzyn provide suitable outdoor

surroundings for families with minors and single adults. The long opening hours and the

wide range of activities make it attractive to use and reflect well the nature of the

administrative detention of third country nationals, with limited restrictions in place, and

thus can be considered a good practice.

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

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

16(1) of Regulation (EU) No 1053/2013, establish an action plan to remedy the deficiencies

identified in the evaluation report and provide this to the Commission and the Council.

HEREBY RECOMMENDS:

that the Republic of Poland should:

1. amend national legislation to allow a case-by-case assessment for considering whether or

not to issue an entry ban in line with the provisions of the Directive 2008/115/EC;

2. set a limited period of detention in the holding facility at Warsaw airport, in line with Article

15(5) of the Directive 2008/115/EC;

3. ensure the prompt and systematic provision of information to detainees which explains the

rules applied in the holding facility at Warsaw airport, and sets out their rights and

obligations, in accordance with Article 16(5) of the Directive 2008/115/EC;

4. ensure adequate privacy for families accommodated in the holding facility at Warsaw

airport, and play and recreational activities taking account of the needs of children, pursuant

to Article 17(2) and 17(3) of the Directive 2008/115/EC;

5. ensure that a qualified body, other than the authority enforcing the decision, is appointed to

assist the unaccompanied minor throughout the return procedure, in accordance with Article

10(1) and Article 5(a) of the Directive 2008/115/EC;

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6. ensure that cross-border service of decisions related to return are effected in a way that

guarantees the exercise of the right to an effective remedy in accordance with Article 13(1)

of the Directive 2008/115/EC and Article 47 of the Charter of Fundamental Rights;

7. provide for an adequate legal, financial and organizational framework, including an

exchange of relevant information, to enable an effective forced return monitoring system, in

line with Article 8(6) of the Directive 2008/115/EC;

8. ensure that the regime applicable to the detention for foreigners placed in the arrest for

foreigners in Przemyśl is adjusted to reflect the nature of the administrative detention, and

that the appropriate measures are taken to ensure the conditions in the facility guarantee

adequate privacy and effective access to leisure activities in accordance with the provisions

of the Directive 2008/115/EC;

Done at Brussels,

_For the Council_

_The President_

___________________

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