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Postup podľaRP článok 41 písm.b)bod i)

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Opinion Number: CDR 1129/2022
Rapporteur: GROTHEER Antje
Commission: CIVEX
Status: Adopted
Date: 12/10/2022
 
THE EUROPEAN COMMITTEE OF THE REGIONS

– points out that the COVID-19 pandemic has been one of the biggest setbacks for cross-border cooperation; stresses that cross-border cooperation is at the very heart of the European integration project and one of the biggest successes of the European Union;
– agrees that internal border controls should always be a measure of last resort and recommends that controls at internal borders should strictly be limited to a maximum of 24 months in total;
– recommends that a notification by a Member State of temporary reintroduction of internal border controls ought to include reasons as to why alternative measures are not appropriate and the position of the authority or authorities governing the local administrative areas considered as the cross-border regions under Article 39(1)(h);
– underlines that as it stands, the proposed definition of the concept of instrumentalisation in the Schengen Borders Code is overly broad and unclear, leaving room for misinterpretations. Member States should take the necessary measures to ensure that a sufficient number of registration points, including crossing points, are open and accessible to applicants for international protection in order to guarantee effective protection against refoulement, including the right to make an application for international protection, and that appropriate safeguards for the treatment of vulnerable people are in place;
– calls on the European Commission to thoroughly rework the Proposal for a Regulation of the European Parliament and of the Council addressing situations of instrumentalisation in the field of migration and asylum (Instrumentalisation Regulation), in line with its Better Regulation Guidelines and good law-making principles, and to revise its proposal of the revised Schengen Borders Code accordingly, in line with the principles of subsidiarity and proportionality under Article 5 TEU;
– calls for the enlargement of the Schengen area to include Bulgaria and Romania, provided that they effectively implement the Schengen acquis, and supports the envisaged enlargement to include Croatia as of 1st January 2023.
Reintroduction of Schengen internal border controls, Committee of Regions wants mandatory consultation of local and regional authorities https://agenceurope.eu/en/bulletin/article/13042/9

*Follow-up report from the European Commission:
Instrumentalisation
The Commission is open to a discussion on the definition of the concept of instrumentalisation, allowing to capture all relevant phenomena observed at the external borders, while providing the necessary safeguards, in particular for humanitarian aid organisations. The Commission takes note of the proposals of the Committee and will take them into account when preparing future trilogues with the European Parliament and the Counci*l

Mitigating measures
The Commission will consider the proposed wording concerning the role of regional authorities for mitigating measures, as this is fully compatible with the objective of the proposal to reflect as much as possible the interest of cross[1]border regions.

Reporting obligation
The Commission is open for further negotiations concerning the reporting obligations of the Member States, with a view to reinforcing the procedural safeguards accompanying the temporary reintroduction of internal border controls.
THE EUROPEAN COMMITTEE OF THE REGIONS



– points out that the COVID-19 pandemic has been one of the biggest setbacks for cross-border cooperation; stresses that cross-border cooperation is at the very heart of the European integration project and one of the biggest successes of the European Union;

– agrees that internal border controls should always be a measure of last resort and recommends that controls at internal borders should strictly be limited to a maximum of 24 months in total;

– recommends that a notification by a Member State of temporary reintroduction of internal border controls ought to include reasons as to why alternative measures are not appropriate and the position of the authority or authorities governing the local administrative areas considered as the cross-border regions under Article 39(1)(h);

– underlines that as it stands, the proposed definition of the concept of instrumentalisation in the Schengen Borders Code is overly broad and unclear, leaving room for misinterpretations. Member States should take the necessary measures to ensure that a sufficient number of registration points, including crossing points, are open and accessible to applicants for international protection in order to guarantee effective protection against refoulement, including the right to make an application for international protection, and that appropriate safeguards for the treatment of vulnerable people are in place;

– calls on the European Commission to thoroughly rework the Proposal for a Regulation of the European Parliament and of the Council addressing situations of instrumentalisation in the field of migration and asylum (Instrumentalisation Regulation), in line with its Better Regulation Guidelines and good law-making principles, and to revise its proposal of the revised Schengen Borders Code accordingly, in line with the principles of subsidiarity and proportionality under Article 5 TEU;

– calls for the enlargement of the Schengen area to include Bulgaria and Romania, provided that they effectively implement the Schengen acquis, and supports the envisaged enlargement to include Croatia as of 1st January 2023.

Importance

High
Medium
Low
 

Special meeting of the European Council (9 February 2023) – Conclusions

Regarding the Schengen area and in view of the progress achieved in 2022 (see General Approach text https://data.consilium.europa.eu/doc/document/ST-9937-2022-INIT/en/pdf), the European Council called on the co-legislators to continue work on the revised Schengen Borders Code.

 
09 Feb
 

Council of the EU decides to lift border controls with Croatia

On 8 December 2022, the Council adopted a decision on the full application of the Schengen acquis in Croatia. From 1 January 2023, checks on persons at internal land and sea borders between Croatia and the other countries in the Schengen area will be lifted. Checks at internal air borders will be lifted from 26 March 2023, given the need for this to coincide with the dates of IATA summer/winter time schedule.
From 1 January 2023 Croatia will also start to issue Schengen visas and will be able to make full use of the Schengen Information System.
Vote on Croatia's accession to Schengen was unanimous, while 26 countries supported Romania’s accession, with the exception of Austria. 25 countries supported Bulgaria, while Austria and the Netherlands opposed its accession.

 
08 Dec
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