European Commission
Malmström

I am yet again in Copenhagen, for the third time this year, to speak at a conference on border cooperation and border control. Each year, 700 million people cross one of the EU’s 1800 land, sea and air border stations.

This number will increase dramatically in the coming years. So the question is how to manage this flow of people in a smart way. We want to make it easier for people (both EU citizens and third country nationals) to enter the EU quickly and without hassle. At the same time, we also need to use border controls more efficiently. We must of course also ensure that, for example, criminal offenders are not admitted into the EU. Yet, border controls must never be an obstacle for the right to seek asylum.

The Commission has developed proposals for a new system (an entry-exit system and a registered traveller program) to achieve all these objectives but it is important to have a proper discussion of how and why these objectives can and need to be reached. Many EU countries are on their way to building their own systems and thus, in our work it is important to build on what already exists.

At the conference there are experts from all Schengen member countries. Their views are incredibly valuable to have before we go ahead and put forward new proposals.

However, the most important thing is to first agree on the Schengen proposal I put forward last fall. Schengen allows for the free movement of 400 million citizens, but this can only work if people have confidence in the system. This confidence has been damaged by the dispute that took place between France and Italy last year, and by the former Danish government’s proposal to impose border controls and by Greece’s failure to control the external borders. We must therefore strengthen the monitoring and evaluation of Schengen and ensure that there are mechanisms in place that minimize the risk of a domestic political agenda putting the whole Schengen system in danger. Negotiations about the Schengen proposal are now underway in the Council and in the European Parliament and I had the opportunity to talk to the Danish Minister of Justice on the state of negotiations over lunch.

Today we have adopted a Communication which sets out the main options for modernising and simplifying procedures for crossing the border between the EU and third countries. Modern technology has not yet reached this domain – we still have the old fashioned model of stamping passports to register inward and outward travel. As many as 700 million EU citizens and third country nationals cross the EU’s external borders every year and this number is expected to rise significantly in the future. By 2030, the number of people at European airports could increase by 80 %. To enable smoother and faster border crossings for travellers we need to modernise the systems.  What a more modern system looks like – a modern system that also respects the integrity of individuals – will now be discussed and proposals drawn up. Find more information here.

Today we have also given a fresh impetus to the EU anti-drugs policy, by announcing an overhaul of the EU rules to fight illicit drugs and in particular new synthetic substances. More and more new drugs are entering the market, but the legislation is not up-to date with these developments. These drugs are produced in one EU Member State but easily sold over the internet and delivered by post in another. To tackle the problem, we suggest strengthening EU legislation on new substances used for drug production. Behind these distribution chains are often organised criminals. The logic behind this, as all other forms of organised crime, is very simple – it is about money.  It follows that we must not only put punish criminals with jail time, but also deprive them of financial gains, cars and property – in the long run making organised crime less profitable. At the end of this year I will propose rules on the confiscation and recovery of assets involved in serious crime, including drug trafficking.

The newly-appointed government of Denmark has announced that it is scrapping plans for increased border controls towards the rest of Europe. This is a welcome development – it is positive in terms of free movement as well as for our European cooperation in general. As the avid reader of this blog is aware, the Commission voiced concern earlier this year about the Danish plans, but after the Danish election and yesterday’s announcement the situation has clearly changed.

The Danish government also announced its intentions to hold a referendum about the country’s opt-outs from EU cooperation in legal matters. This is, naturally, something which is up to the Danes to decide. I would be happy to welcome the participation of Denmark in this area. A referendum would mean a possibility for Denmark to have a greater influence over important decisions at EU level, for example in areas like fighting organized crime, or efforts against terrorism and trafficking in human beings.

Early this morning we left Ohrid for Skopje. There, I met with Prime Minister Gruevski for a brief conversation on visa issues, corruption and freedom of the press. The former Yugoslav republic of Macedonia is hoping to start negotiating on EU membership soon, a development so far made impossible by the name issue.

Meeting with Prime Minister Nikola Gruevski in Skopje.

Schengen is on of European Union’s greatest achievements. It allows for the around 400 million citizens living within the Schengen area to travel freely without having to go through bureaucratic procedures or border controls. In addition, it has been extremely important for the internal market. But for the cooperation to work, the Schengen countries must follow  common rules and trust each other.

The monitoring and evaluation of  Schengen is today inadequate which is why I already proposed last year that the monitoring of the system should be strengthened. During the spring, we have unfortunately also seen several examples where countries have stretched the rules governing the Schengen area which have resulted in distrust between the Schengen countries and in Schengen cooperation. The heads of state and governments at the EU summit in June gave the Commission a mandate to develop a proposal to reinforce Schengen and to clarify the rules that apply when a country needs to reintroduce border controls.

Today I presented this proposal at a press conference in Brussels. We propose to introduce a “health check” of the Schengen cooperation. This means that the Commission will make both announced, as well as unannounced visits, to member states and monitor the compliance of the schengen rules.  In this way, deficiencies can be detected at an early stage and we can quickly deploy measures to help the countries address the problems. The Commission will also present regular reports on Schengen cooperation and these will be discussed twice per year in the Council and the Parliament.

We also suggest that the decision-making for the reintroduction of border controls for a limited period should be taken at the European level, i.e. when a member state considers that the reintroduction of border controls is necessary due to a serious threat to public policy and internal security, the other Schengen members should be part of the decision. However there may be emergency situations where a country quickly has to re-establish border controls, for example in case of a nuclear accident, a terrorist attack or an epidemic. It will of course still be possible for Member States to unilaterally reintroduce border controls in emergency situations requiring immediate action, but only for a 5 day period. If the controls need to be extended for more than five days, this is also a decision which should be taken at European level. If other long-term problems arise with insufficient border controls on the external borders, it might be necessary, in extreme cases, to reintroduce border controls. But such decisions should be taken jointly by the EU and the Member States. Schengen Member countries should not need have to learn through reading the newspaper that their neighbour wants to reintroduce internal border controls. They should be involved in such decisions, as Schengen is a joint European project.

I am convinced that these proposals, combined with earlier identification and stronger support for countries having difficulties in managing their external borders, will strengthen European cooperation and that it will also lead to greater transparency, confidence and a much stronger Schengen. It will also avoid situations in which individual member states unilaterally use the border as part of a domestic political game.

Find more information about the proposal at DG Home’s website.

2011-07-07 A special Eurobarometer presented today shows that for 48% of European citizens, the right to move and reside freely in the European Union is the most important citizens’ right. I fully agree. It is fantastic to be able to study, work and travel freely in the EU without having to go through passport controls or apply for special resident permits.

The discussions on the strengthening of border controls don’t sit well with this freedom. I am reading in the news that Norway wants to strengthen its border control in order to control immigration. We have not received confirmation about this yet, but if it is true I am concerned about these signals. Norway is not a member of the EU but it is part of the Schengen cooperation. We are looking into this and will talk with the Norwegians to get more information.

The Eurobarometer also shows that 42 % of the EU citizens are not satisfied with transparency in the EU administration. On this point I agree as well, even if there have been improvements over the last years. When I was a Member of Parliament I started to upload documents on a website to make the Parliament more transparent. As Commissioner I am posting my correspondence online (the correspondence with private persons is excepted). I am trying to get more Commissioners to do the same and I am striving for a greater transparency throughout the Commission. There is much more to do in this respect.

2011-06-14 On June 14, 26 years ago the dismantling of border controls started across the EU. The Schengen Agreement has made passport-free travel possible for over 400 million Europeans. From the initial five, the Schengen area now includes 25 countries. We make over 1.25 billion journeys as tourists every year, and we can visit our friends and relatives all over Europe without bureaucratic obstacles at internal borders. Moreover, for our economy as well, free movement is central to the success of the Single Market.

The creation of the Schengen area is one of the most tangible, popular and successful achievements of the European Union, and when necessary, we must find ways to protect and improve it.

The Commission is currently reinforcing the Schengen rules and strengthening the integrity of Schengen to make this cooperation more solid. For Schengen to work, Member States must trust each other. It is my firm commitment to protect that mutual trust, and use all instruments available for securing the free movement we all cherish. Happy birthday Schengen!

2011-05-13 I am concerned by the announcement of the Danish government aiming at strengthening intra-EU border control by establishing a permanent and visible customs control at all Danish borders. The Commission’s preliminary assessment raises real concerns that, if implemented as announced, the measures foreseen could be in breach of the obligations assumed by Denmark under EU and international law.

President Barroso has spoken to the Danish Prime Minister and followed up with a letter to him seeking the opinion of the Danish authorities about the preliminary assessment by the Commission and requesting further clarifications. In particular, the Commission will ask for information about the legal basis for the envisaged checks, the sources of information based on which these checks will be carried out, and whether the announced measures will be part of larger measures to combat crime throughout the whole Danish territory.

I call on the Danish government to refrain from taking unilateral steps and to make sure that any measures taken are in line with the relevant law. The Commission stands ready to continue the dialogue with Denmark. But it will, if needed, use the tools at its disposal to guarantee the respect of EU law.