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Area of freedom, security and justice

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Area of freedom, security and justice

Outline of the Community (European Union) legislation about Area of freedom, security and justice

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Institutional affairs > Building europe through the treaties > The Lisbon Treaty: a comprehensive guide

Area of freedom, security and justice

The Treaty of Lisbon intends to reinforce the establishment of a European common area within which persons move freely and benefit from effective legal protection. The creation of such an area has implications for areas in which European citizens have high expectations, such as immigration and the fight against organised crime and terrorism. These issues have a significant cross-border dimension and therefore require effective cooperation at European level.

The Treaty of Lisbon divides the themes related to the area of freedom, security and justice into four fields:

  • policies related to border control, asylum and immigration;
  • judicial cooperation in civil matters;
  • judicial cooperation in criminal matters;
  • police cooperation.

Matters relating to criminal judicial cooperation and police cooperation were previously covered by the 3rd pillar of the European Union (EU), governed by intergovernmental cooperation. Under the framework of the 3rd pillar, European institutions did not have any competences and could therefore not adopt regulations or directives. The Treaty of Lisbon puts an end to this distinction and henceforth enables the EU to intervene in all matters related to the area of freedom, security and justice.

BORDER CONTROL, ASYLUM AND IMMIGRATION

The Treaty of Lisbon attributes new competences to the European institutions, which can henceforth adopt measures with a view to:

  • establishing common management of the EU’s external borders; in particular through the strengthening of the European Agency for the Management of Operational Cooperation at the External Borders, known as Frontex;
  • creating a common European asylum system; such a system will be based on a uniform European status and common procedures for the granting and withdrawing of asylum;
  • establishing rules, conditions and rights in relation to legal immigration.

JUDICIAL COOPERATION IN CIVIL MATTERS

The Treaty of Lisbon authorises the European institutions to adopt new measures concerning:

  • the implementation of the principle of mutual recognition: each judicial system must recognise decisions adopted by the judicial systems of the other Member States as valid and applicable;
  • effective access to justice;
  • the development of alternative methods of dispute settlement;
  • the training of the judiciary and judicial staff.

JUDICIAL COOPERATION IN CRIMINAL MATTERS

With the abolition of the 3rd pillar of the EU, the whole of criminal judicial cooperation becomes a field in which the European institutions may legislate.

Specifically, the European institutions may henceforth establish minimum rules concerning the definition and sanctioning of the most serious criminal offences. In addition, the EU may also intervene in the definition of common rules concerning the functioning of criminal procedure, for example with regard to the admissibility of evidence or the rights of individuals.

Furthermore, the Treaty of Lisbon intends to strengthen the role of Eurojust in the EU. Eurojust’s mission is to help coordinate investigations and prosecutions between the competent authorities of Member States. Currently, Eurojust only has the power to make proposals: it can request national authorities to initiate investigations or prosecutions. Henceforth, the Treaty of Lisbon offers the European institutions the option of extending the missions and powers of Eurojust with the ordinary legislative procedure.

Moreover, the Treaty of Lisbon considers the possible creation of an actual European Public Prosecutor’s Office from Eurojust. Such an office would have significant powers as it could investigate, prosecute and bring to judgment the perpetrators of crimes. In addition, the European Public Prosecutor’s Office would itself be capable of exercising the functions of prosecutor in the competent courts of Member States.

Nevertheless, the Treaty of Lisbon does not yet establish the European public prosecutor’s office, but merely authorises the Council, acting unanimously, to adopt a regulation in this regard. If the Council does not reach unanimity, then nine Member States, at the least, will have the option of establishing a European public prosecutor’s office between them under the framework of enhanced cooperation.

POLICE COOPERATION

As with criminal judicial cooperation, police cooperation benefits from the abolition of the 3rd pillar of the EU. Henceforth, the European institutions will be capable of adopting regulations and directives in this field.

The ordinary legislative procedure is thereby extended to all non-operational aspects of police cooperation. In contrast, operational cooperation will be determined through a special legislative procedure requiring Council unanimity. However, the Treaty of Lisbon also provides for the option of establishing enhanced cooperation if unanimity is not reached by the Council.

Furthermore, the Treaty of Lisbon provides for the gradual strengthening of the European Police Office (Europol). As with Eurojust, the Treaty of Lisbon henceforth authorises the Council and the Parliament to develop the missions and powers of Europol under the framework of the ordinary legislative procedure. Currently, the role of Europol is limited to facilitating cooperation between the authorities of Member States. The Treaty of Lisbon specifies that new tasks could also include the coordination, organisation and implementation of operational actions.

EXEMPTIONS

The United Kingdom, Ireland and Denmark benefit from special arrangements, which include all the measures adopted under the framework of the area of freedom, security and justice. These three countries have the option of deciding not to participate in the legislative procedures in this field. They will, therefore, not be bound by the adopted measures.

In addition, two types of derogating clause are applied to the United Kingdom, Ireland and Denmark:

  • an “opt-in” clause which enables each of them to participate, on a case by case basis, in the adoption procedure for a measure or the application of a measure already adopted. They will then be bound by this measure in the same way as other Member States;
  • an “opt-out” clause enabling them not to apply a measure at any time.

Schengen Borders Code

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Schengen Borders Code

Outline of the Community (European Union) legislation about Schengen Borders Code

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Free movement of persons asylum and immigration

Schengen Borders Code

Document or Iniciative

Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) [See amending act(s)].

Summary

This regulation applies to any person crossing the internal * or external * borders of a European Union (EU) country.

External borders

External borders may be crossed only at border crossing-points and during the fixed opening hours.

When crossing an external border, European Union (EU) citizens and other persons enjoying the right of free movement within the EU (such as the family members of an EU citizen) undergo a minimum check. This minimum check is carried out to establish their identity on the basis of their travel documents and consists of a rapid and straightforward verification of the validity of the documents and a check for signs of falsification or counterfeiting. Non-EU country nationals are subject to thorough checks. These comprise a verification of the conditions governing entry, including verification in the Visa Information System (VIS) and, if applicable, of documents authorising residence and the pursuit of a professional activity.

For stays not exceeding three months per a six-month period, a non-EU country national must:

  • possess a valid travel document;
  • possess a valid visa, if required;
  • justify the purpose of his/her intended stay and have sufficient means of subsistence;
  • not have an alert issued for him/her in the Schengen Information System (SIS) for the purpose of refusing entry;
  • not be considered a threat to public policy, internal security, public health or the international relations of EU countries.

If these conditions are not met, entry to the territory is refused, unless special provisions (e.g. for humanitarian reasons) apply.

The travel documents of non-EU country nationals are systematically stamped upon entry and exit. If a travel document does not bear an entry stamp, it may be presumed that the holder does not fulfil, or no longer fulfils, the conditions of stay. However, the non-EU country national may provide any credible evidence of having respected the conditions relating to the duration of a short stay, such as transport tickets or proof of his/her presence outside the territory of the EU countries.

Border checks * are carried out by border guards *. When performing their duties, border guards must fully respect human dignity and may not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

EU countries must deploy appropriate staff and resources in sufficient numbers to ensure a high and uniform level of control * at their external borders. They must ensure that border guards are specialised and properly trained professionals. EU countries assist each other with the effective application of border controls. Operational cooperation is coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the EU Countries (FRONTEX).

Internal borders

Irrespective of nationality, any person may cross the internal borders at any crossing-point without checks being carried out. The police may exercise their powers in border zones in the same fashion as elsewhere in their territory, provided that this is not equivalent to the exercise of border checks.

EU countries must remove all obstacles to fluid traffic flow at road crossing-points at internal borders.

Where there is a serious threat to public policy or internal security, an EU country may exceptionally reintroduce border controls at its internal borders for, in principle, a limited period of no more than thirty days. If such controls are to be reintroduced, the other EU countries and the Commission should be informed as soon as possible. The European Parliament should also be informed.

Consultations take place between EU countries and the Commission at least fifteen days before the planned date for the reintroduction of border controls, in order to organise mutual cooperation and to examine the proportionality of the measures to the events giving rise to the reintroduction. The decision to reintroduce border controls at internal borders must be taken in a transparent manner and the public must be informed in full, unless there are overriding security reasons for not doing so.

Under exceptional circumstances, the EU country concerned may reintroduce checks at its internal border immediately, if required by considerations of public order or national security. The other EU countries and the Commission are then notified accordingly.

Background

The Commission communication of 7 May 2002 on the integrated management of external borders set out five essential components for a common policy, including the establishment of a common body of legislation. This was to include a recast of the Common Manual on external borders. The Thessaloniki European Council on 19 and 20 June 2003 invited the Commission to present proposals for said recasting as soon as possible.

This regulation repeals Articles 2 to 8 of the Convention implementing the Schengen Agreement of 14 June 1985 and the Common Manual on external borders.

Key terms used in the act
  • Internal borders: common land borders, including river and lake borders, of EU countries, airports for internal flights, and sea, river and lake ports for regular ferry connections.
  • External borders: EU countries’ land borders, including river and lake borders, sea borders and their airports, river ports, sea ports and lake ports, provided that they are not internal borders.
  • Border control: activities carried out at a border, in response exclusively to an intention to cross a border, and consisting of border checks and border surveillance.
  • Border checks: checks carried out at border crossing-points to ensure that persons, including their means of transport and the objects in their possession, may be authorised to enter or leave the territory of the EU countries.
  • Border guard: any public official assigned, in accordance with national law, to a border crossing point or along the border or the immediate vicinity of that border and who carries out border control tasks.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 562/2006

13.10.2006

–

OJ L 105 of 13.4.2006
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 296/2008

10.4.2008

–

OJ L 97 of 9.4.2008
Regulation (EC) No 81/2009

24.2.2009

–

OJ L 35 of 4.2.2009
Regulation (EC) No 810/2009

5.10.2009

–

OJ L 243 of 15.9.2009
Regulation (EU) No 265/2010

5.4.2010

–

OJ L 85 of 31.3.2010

AMENDMENT OF ANNEXES

Annex V, Part A – Procedures for refusing entry at the border:

Regulation (EC) No 810/2009 [Official Journal L 243 of 15.9.2009].

Related Acts

Council Decision 2010/252/EU of 26 April 2010 supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by the European Agency for the management of Operational Cooperation at the External Borders of the Member States of the European Union [Official Journal L 111 of 4.5.2010].

Report from the Commission to the European Parliament and the Council of 21 September 2009 on the operation of the provisions on stamping of travel documents of third-country nationals in accordance with Articles 10 and 11 of Regulation (EC) No 562/2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) [COM(2009) 489 final – Not published in the Official Journal].

IT agency for the area of freedom, security and justice

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IT agency for the area of freedom, security and justice

Outline of the Community (European Union) legislation about IT agency for the area of freedom, security and justice

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Free movement of persons asylum and immigration

IT agency for the area of freedom, security and justice

Document or Iniciative

Communication from the Commission of 24 June 2009 – Legislative package establishing an Agency for the operational management of large-scale IT systems in the area of freedom, security and justice [COM(2009) 292 final – Not published in the Official Journal].

Summary

The communication presents the legislative package that aims to establish an agency for managing the operations of large-scale information technology (IT) systems in the area of freedom, security and justice. The IT systems for which the agency would be responsible consist of the:

  • second generation Schengen Information System (SIS II);
  • Visa Information System (VIS);
  • Eurodac system.

The agency could also be given responsibility for managing other large-scale IT systems in this field.

The Commission is currently developing the SIS II and the VIS. It will be responsible for their operational management during a transitional period before the agency would take up its responsibilities. The Commission developed the Eurodac system and is responsible for operating its central unit as well as for ensuring the security of data transfers.

The agency

In the long term, the most cost-effective solution for managing the above three IT systems would be a regulatory agency. The agency would be able to gradually build expertise and know-how in large-scale IT systems, therefore having the potential to become a centre of excellence for IT management of systems in the area of freedom, security and justice.

The main task of the agency would consist of the operational management of these systems in order to keep them functioning 24 hours a day, seven days a week. In addition, the tasks of the agency would include:

  • adopting security measures;
  • reporting and publishing;
  • monitoring;
  • organising specific trainings.

The agency’s governance structure and voting rules should reflect the existing variable geometry (European Union (EU) countries with different levels of participation in the information systems). The countries associated with the implementation, application and development of the Schengen acquis and the Eurodac related measures would also participate in the agency.

The legislative package

At the time of adoption of the package in June 2009, different legal instruments were needed to establish the agency due to the cross-pillar nature of these IT systems. The first-pillar aspects of SIS II and VIS, as well as the Eurodac system were to be governed by a regulation, whilst the third pillar aspects of SIS II and VIS were to be governed by a decision.

Consequently, the legislative package consisted of proposals for a:

  • Regulation of the European Parliament and of the Council establishing an Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (which describes the agency’s structure, tasks and voting procedures);
  • Council Decision conferring upon the Agency established by Regulation XX tasks regarding the operational management of SIS II and VIS in application of Title VI of the EU Treaty.

Following the entry into force of the Lisbon Treaty on 1 December 2009, the former pillar structure disappeared. Consequently, a single amended proposal [COM(2010) 93 final] was adopted on 19 March 2010 to take into account the changes brought about by the new treaty and to take over the substantive provisions of the above mentioned proposal for a Council decision.

Strengthening the Schengen area

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Strengthening the Schengen area

Outline of the Community (European Union) legislation about Strengthening the Schengen area

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Free movement of persons asylum and immigration

Strengthening the Schengen area

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 16 September 2011 — Schengen governance — strengthening the area without internal border control [COM(2011) 561 final – Not published in the Official Journal].

Summary

The revolutions which took place in the southern Mediterranean in the spring of 2011 led to a significant influx of immigrants into some European Union (EU) Member States. These events highlighted the need to make the Schengen area (the EU territory in which the free movement of persons is exercised) better able to react to exceptional situations.

It is clear that the external borders of Europe must be managed in an efficient and consistent manner, on the basis of joint responsibility, solidarity and greater practical cooperation.

Strengthening the management of the Schengen area

Some measures already exist to help Member States facing critical situations and to enable them to fulfil their commitments. In particular, they can obtain financial and practical support through EU funds and can address the European Asylum Support Office or the Frontex Agency which can deploy Rapid Border Intervention Teams to external borders.

Furthermore, the Commission has proposed to strengthen the Schengen evaluation mechanism. This mechanism will monitor EU countries to ensure that they apply the Schengen area rules correctly. According to the new proposed approach, monitoring will be carried out at European level through inspections conducted by Commission and Member State teams. These inspections will result in a report containing the measures to be taken by the country concerned. A follow-up procedure will be put in place to ensure that the recommendations are implemented.

Furthermore, the Commission will present a biannual overview on the functioning of the Schengen area. This overview will provide the basis for a strengthening of cooperation in the Schengen area and will increase mutual trust between Member States, which are jointly responsible for ensuring that all the Schengen rules are actually applied.

Specific support measures are proposed for cases where the evaluation of a Member State reveals serious shortcomings with regard to controls at external borders or the procedure for returning migrants to their country of origin. If the shortcomings are not dealt with, and as a last resort, a European mechanism is proposed which aims to temporarily re-introduce internal border controls.

Putting in place a European mechanism in exceptional circumstances

The Schengen Borders Code already provides the option for a Member State to re-introduce controls at its internal borders where there is a serious threat to public policy or internal security. However, this only relates to a decision taken at national level.

However, the human and economic consequences of such a decision, which affects all the people living in the Schengen area, are not limited to the Member State concerned. In order for the interests of the whole of the Union to be taken into account, the Commission proposes to establish a European mechanism which would enable the decision to be taken by the EU rather than unilaterally by one Member State.

The decision to re-introduce the internal border controls of a Member State will be taken by the Commission for renewable periods of 30 days and, in principle, for a maximum duration of 6 months. It must be a measure of last resort where all other measures have been ineffective. The decision will be taken only when a Member State is confronted by a serious threat to public policy or internal security. It may also concern:

  • a short-term and largely localised situation (for example, major sporting events, high-profile political meetings or terrorist attacks);
  • a situation with wider and longer-term implications, particularly in the case of serious border failure of a Member State at its external borders.

However, in emergencies, EU countries will retain the option to unilaterally re-introduce controls at their internal borders for a limited period of 5 days.

However, in the case of controls being re-introduced, the country or countries concerned must guarantee European citizens or third-country nationals residing legally in the Schengen area the right to move and live freely on EU territory. The latter may therefore still enter the territory of another Member State simply by presenting their passport, identity card or travel document.

RELATED ACTS

Proposal for a Regulation of the European Parliament and of the Council of 16 September 2011 amending Regulation (EC) No 562/2006 in order to provide for common rules on the temporary reintroduction of border control at internal borders in exceptional circumstances [COM(2011) 560 final — Not published in the Official Journal].

Amended proposal for a Regulation of the European Parliament and of the Council of 16 September 2011 on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis [COM(2011) 559 final — Not published in the Official Journal].

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 4 May 2011 — Communication on migration [COM(2011) 248 final — Not published in the Official Journal].

Legal instruments governing migration from SIS 1+ to SIS II

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Legal instruments governing migration from SIS 1+ to SIS II

Outline of the Community (European Union) legislation about Legal instruments governing migration from SIS 1+ to SIS II

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Free movement of persons asylum and immigration

Legal instruments governing migration from SIS 1+ to SIS II

Acts

Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) [See amending act(s)].

Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) [See amending act(s)].

Summary

The Schengen Information System (SIS 1+) will be replaced by the second generation Schengen Information System (SIS II). Council Regulation (EC) No 1104/2008 and Council Decision 2008/839/JHA of 24 October 2008, referred to below as “the migration instruments”, set out the responsibilities of both the Commission and the Member States that are participating in SIS 1+ during the preparations up until entry into operation of the new system (including further development, testing and transfer of data from SIS 1+ to SIS II). Due to the cross-pillar structure that existed in the field of justice, freedom and security prior to the entry into force of the Lisbon Treaty, where community policies and police and judicial cooperation coexisted, two migration instruments were adopted: a regulation (Community law, former 1st pillar) and a decision (Union law, former 3rd pillar).

The SIS 1+ and SIS II are composed of a central system, C.SIS and Central SIS II respectively, of national systems (N.SIS and N.SIS II respectively) and of a communication infrastructure that links the central and national systems.

The tasks laid down in the migration instruments relate in particular to the:

  • further development (including via an alternative technical scenario if necessary) and maintenance of SIS II;
  • comprehensive test of SIS II;
  • test between the SIRENE Bureaux for the exchange of supplementary information;
  • development and testing of the converter that will allow for communication between the central systems of SIS 1+ and SIS II;
  • creation and testing of a provisional architecture for the migration;
  • migration in the strict sense from SIS 1+ to SIS II, i.e. transferring operations from SIS 1+ to SIS II.

The Commission is responsible for developing the Central SIS II, its communication infrastructure and the converter. Meanwhile, as stipulated in the Schengen Convention, France remains responsible for the C.SIS. In addition, the relevant Member States are responsible for the N.SIS and the communication infrastructure for SIS 1+, as well as for the development of the N.SIS II.

The Commission and the relevant Member States are to implement the comprehensive test of SIS II, following the tests referred to in Regulation (EC) No 189/2008 and Decision 2008/173/JHA. The Member States that are participating in SIS 1+ are also responsible for implementing the SIRENE test on the exchange of supplementary information. Those Member States that are not participating in SIS 1+ may also take part in these tests; however, their results will not be taken into consideration in the general validations. The analyses of the tests are carried out by the relevant Member States and the Commission.

The creation and testing of the provisional architecture for the SIS migration are to be carried out by the Commission, along with France and the other relevant Member States. The Central SIS II and C.SIS will be connected with the converter for a transitional period within the interim architecture. The Central SIS II, its communication infrastructure and the converter are the responsibility of the Commission, while the communication test between the converter and the C.SIS is the responsibility of France. Both the Commission and France are to carry out the communication test and connect the Central SIS II and the C.SIS with the converter.

The migration from SIS 1+ to SIS II is to be implemented by the Commission and the Member States that are participating in SIS 1+, based on a mutually established schedule. The switchover will be executed once the comprehensive test of SIS II has been validated.

In order to verify that searches and data processing in SIS II are lawful and that the Central SIS II and the national systems function properly, as well as to guarantee data integrity and security, there will be an obligation to record all accesses to and exchanges of personal data within the Central SIS II. The data will have to be kept for a minimum of one year and a maximum of three years after having been recorded.

The costs relating to migration, the comprehensive test, the test on supplementary information, maintenance and development measures at Central SIS II level or concerning the communication infrastructure are to be covered by the general budget of the European Union. Each Member State concerned will be in charge of costs relating to the migration, testing, maintenance and development of its national system. The costs related to activities at SIS 1+ level (including the supplementary activities of France on behalf of the Member States participating in SIS 1+) shall be borne in accordance with the provision of Article 119 of the Schengen Convention.

A Global Programme Management Board is established as an advisory body to provide assistance to the central SIS II project and facilitate consistency between it and the national SIS II projects. It is composed of a maximum of ten technical experts, of which a maximum of eight may be appointed from Member States and a maximum of two from the Commission. Regular board meetings are organised where other experts from Member States may also participate. The board provides regular written progress reports on the central SIS II project.

Migration must now be completed by 31 March 2013 or, if an alternative technical scenario will be used, by 31 December 2013.

References

Acts Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1104/2008

11.11.2008

–

OJ L 299 of 8.11.2008
Decision 2008/839/JHA

11.11.2008

–

OJ L 299 of 8.11.2008
Act(s) amending Regulation (EC) No 1104/2008 Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EU) No 541/2010

25.6.2010

–

OJ L 155 of 22.6.2010
Act(s) amending Decision 2008/839/JHA Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EU) No 542/2010

25.6.2010

–

OJ L 155 of 22.6.2010

Related Acts

Report from the Commission to the European Parliament and the Council of 6 May 2010 on the development of the second generation Schengen Information System, (SIS II) – Progress Report July 2009 – December 2009 [COM(2010) 221 final – Not published in the Official Journal].

Report from the Commission to the Council and the European Parliament of 22 October 2009 on the development of the second generation Schengen Information System (SIS II) – Progress Report January 2009 – June 2009 [COM(2009) 555 final – Not published in the Official Journal].

European Pact on Immigration and Asylum

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European Pact on Immigration and Asylum

Outline of the Community (European Union) legislation about European Pact on Immigration and Asylum

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Free movement of persons asylum and immigration

European Pact on Immigration and Asylum

Document or Iniciative

European Pact on Immigration and Asylumof 24 September 2008 [Not published in the Official Journal].

Summary

International migration can contribute to the economic growth of the European Union (EU) as a whole, as well as provide resources for migrants and their home countries, and thus contribute to their development. It can be an opportunity, because it is a factor of human and economic exchange and enables people to achieve what they aspire to. However, there is a need to manage migration in a manner that takes account of Europe’s reception capacity in terms of its labour market, housing and health, education and social services, while protecting migrants against possible exploitation by criminal networks.

For over twenty years, EU countries have been working on harmonising their immigration and asylum policies. Significant progress has already been made on several issues, in particular under the Tampere and Hague Programmes. Nevertheless, further efforts are needed to create a truly common immigration and asylum policy that takes into consideration the collective interest of the EU, as well as the individual needs of EU countries. Consequently, the European Council translated the following commitments into the Stockholm Programme.

Organising legal immigration

Legal immigration should be organised in a manner that takes account of the priorities, needs and reception capacities of EU countries and encourages the integration of migrants. Broadly, this requires the EU to:

  • implement policies for labour migration that take account of the needs of the labour market of each country;
  • increase the attractiveness of the EU for highly skilled workers and take new measures to further facilitate the reception and mobility of students and researchers;
  • ensure that these policies do not aggravate brain drain by encouraging circular migration;
  • regulate family migration more effectively;
  • further strengthen the exchange of mutual information on migration;
  • improve information on the possibilities and conditions of legal migration;
  • establish ambitious policies to promote the harmonious integration of migrants;
  • promote the exchange of best practices in reception and integration and on EU measures to support national integration policies.

Controlling irregular immigration

To ensure that migrants without a legal authorisation to reside in an EU country return to their country of origin or transit, the EU should:

  • use regularisation on a case-by-case basis only;
  • conclude EU level or bilateral readmission agreements with relevant non-EU countries and evaluate the effectiveness of EU readmission agreements;
  • ensure that the risks of irregular migration are prevented within the policy frameworks on entry, residence, freedom of movement, etc.;
  • develop cooperation between EU countries on the removal of migrants without legal authorisation to reside in an EU country;
  • step up cooperation with countries of origin and transit as part of the Global Approach to Migration in order to control irregular immigration and to provide better information to communities under threat;
  • invite EU countries to devise incentive systems for assisted voluntary return;
  • take rigorous action through dissuasive and proportionate penalties against those exploiting immigrants without legal authorisation to reside in an EU country;
  • put into full effect the applicability within the Union of an expulsion decision taken by any EU country.

Improving border controls

To ensure the effective control of the Union’s external border, the EU as a whole should:

  • mobilise all available resources to more effectively control all external borders;
  • generalise the issuing of biometric visas from 1 January 2012 and strengthen EU countries’ consular cooperation in view of establishing joint consular services for visas;
  • provide the necessary resources to Frontex to fulfil its tasks;
  • in a spirit of solidarity, give full consideration to those EU countries receiving disproportionate influxes of immigrants;
  • use modern technological means to enable the effective integrated management of the EU’s external border;
  • strengthen cooperation with countries of origin and transit in the context of external border control and combating irregular immigration, including through increased support for the training and equipping of their migration authorities;
  • further develop the Schengen evaluation process.

Creating a Europe of asylum

Even though EU countries have progressed on the application of the common minimum standards for asylum, certain disparities continue to exist. Consequently, further work is needed in order to fully achieve a common European asylum system. Broadly, this requires the EU to:

  • set-up a European Asylum Support Office;
  • present proposals for a single asylum procedure and a uniform status for refugees and beneficiaries of subsidiary protection;
  • establish procedures for crisis situations to assist any EU country facing a massive influx of asylum seekers and to promote reallocation of beneficiaries of international protection to assist EU countries facing disproportionate pressures on their asylum systems due to their geographical or demographic situation;
  • strengthen collaboration with the United Nations High Commissioner for Refugees to better protect asylum seekers outside the EU;
  • train external border control personnel on the rights and obligations relating to international protection.

Collaborating with countries of origin and transit

A comprehensive partnership must be created with non-EU countries of origin and transit in order to encourage synergy between migration and development. To this end, the EU should:

  • conclude EU level or bilateral agreements with countries of origin and transit that include items relating to legal and irregular migration, readmission and the development of these countries;
  • encourage EU countries to provide nationals of east and south European partner countries with opportunities for legal migration, particularly in the form of temporary/circular migration so as to avoid brain drain;
  • pursue policies with countries of origin and transit in order to deter or prevent irregular immigration, in particular through capacity building;
  • integrate migration and development policies more effectively;
  • promote co-development actions, such as the adoption of specific financial instruments for transferring remittances securely and more cheaply;
  • firmly implement actions agreed with partner regions, including Africa, east and south-east Europe, Latin America, the Caribbean and Asia;
  • speed up the deployment of the key tools of the Global Approach to Migration;
  • ensure that all these related actions are implemented consistently with the EU’s development cooperation and other relevant policies.

Related Acts

Report from the Commission to the European Parliament and the Council of 6 May 2010 – First Annual Report on Immigration and Asylum (2009) [COM(2010) 214 final – Not published in the Official Journal].

Commission staff working paper of 6 May 2010 – First Annual Report on Immigration and Asylum (2009) accompanying the Report from the Commission to the European Parliament and the Council – First Annual Report on Immigration and Asylum (2009) [SEC(2010) 535 final – Not published in the Official Journal].

Communication from the Commission to the Council and the European Parliament of 10 June 2009 – Tracking method for monitoring the implementation of the European Pact on Immigration and Asylum [COM(2009) 266 final – Not published in the Official Journal].

A common immigration policy for Europe

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A common immigration policy for Europe

Outline of the Community (European Union) legislation about A common immigration policy for Europe

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Free movement of persons asylum and immigration

A common immigration policy for Europe

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 17 June 2008 – A Common Immigration Policy for Europe: Principles, actions and tools [COM(2008) 359 final – Not published in the Official Journal].

Summary

This communication puts forward 10 common principles with concrete actions for their implementation, on the basis of which the common European immigration policy will be formulated. In order to attain a coordinated and integrated approach to immigration, these principles are mainstreamed under the three main strands of European Union (EU) policy, i.e. prosperity, solidarity and security.

The common immigration policy will be delivered in partnership between the EU countries and institutions. It will be followed up regularly through a new monitoring and evaluation mechanism, including an annual assessment. Recommendations will be put forward by the European Council on the basis of a Commission report on the immigration situation at the European and national levels.

PROSPERITY: the contribution of legal immigration to the socio-economic development of the EU

Clear rules and a level playing field

The common immigration policy should be characterised by clarity, transparency and fairness and be targeted towards promoting legal immigration. Thus, the transmission to non-EU nationals of the necessary information pertaining to legal entry and stay in the EU should be ensured. In addition, the fair treatment of the non-EU nationals residing legally in the EU should be guaranteed. To implement these principles in practice, the EU and its countries should:

  • define clear and transparent rules for entry and residence in the EU;
  • provide information to potential immigrants and applicants, in particular on their rights and obligations as EU residents;
  • provide support and assistance on complying with entry and residence conditions to countries of origin as well as destination;
  • work towards a flexible Europe-wide visa policy.

Matching skills and needs

In light of the Lisbon Strategy, the promotion of economic immigration should be founded on a needs-based assessment of EU labour markets. Progress within all skill levels and sectors should be considered in relation to the knowledge-based economy and economic growth. At the same time, the principle of EU preference, the EU countries’ right to determine the volumes of admission and the immigrants’ rights should be kept in mind. In practical terms, this entails the following from the EU and its countries:

  • an assessment of current, medium-term and future (up to 2020) European labour market needs in terms of skills requirements;
  • the development of national “immigration profiles” comprising information on the labour market situation and the skills available and the gathering of comprehensive and comparable data on immigration;
  • the development of labour-matching tools and policies, the endorsement of mechanisms for the recognition of foreign qualifications and the organisation of training in countries of origin;
  • an assessment of the current and future potential for entrepreneurship among immigrants, including the legislative and operational framework for establishment, and the development of supportive measures;
  • the promotion of measures to increase employment among non-EU nationals, focusing especially on women, and the provision of alternatives to illegal employment.

Integration is the key to successful immigration

Integration as a “two-way process” should be promoted, conforming to the Common Basic Principles on Integration. The participation of immigrants should be enhanced, while social cohesion and approaches to diversity in the host societies should be developed. To this end, the EU and its countries should:

  • consolidate the EU framework for integration;
  • support the management of diversity and the evaluation of the outcomes of integration policies in EU countries;
  • promote integration programmes targeted at new immigrant arrivals;
  • ensure equal advancement opportunities in the labour market for legal non-EU workers;
  • apply social security schemes equally to immigrants and to EU nationals;
  • develop means to increase the participation of immigrants in society;
  • review Council Directive 2003/86/EC on the right to family reunification;
  • continue applying the EU asylum policy, while developing the measures further, in particular through the Policy Plan on Asylum.

SOLIDARITY: coordination between EU countries and cooperation with non-EU countries

Transparency, trust and cooperation

At the basis of the common immigration policy should be the principles of solidarity, mutual trust, transparency, responsibility and shared effort between the EU and its countries. Therefore, they should strive to:

  • improve the sharing of information in order to establish coordinated approaches where relevant;
  • develop mechanisms for monitoring the impact of national measures so as to achieve consistency within the EU;
  • establish interoperable systems to manage immigration more effectively;
  • provide for consistent communication of EU immigration policies both internally and externally.

Efficient and coherent use of available means

In the name of solidarity, the particular challenges that the external borders of certain EU countries are confronting should be considered in the financial framework. In this respect, the EU and its countries should:

  • complement national resources with the use of the framework programme on Solidarity and Management of Migration Flows (2007-13);
  • support the implementation of national policies and the ability to respond to ad-hoc situations with the mechanisms of the above programme;
  • carry out continuous evaluations on the allocation of resources through the programme to EU countries and modify these allocations when necessary;
  • develop further the management of activities that are funded from both EU and national resources in order to prevent concurrent actions.

Partnership with non-EU countries

Immigration should be an integral part of the EU’s external policies. Collaboration on all aspects of migration issues should be promoted in partnerships with non-EU countries. To this end, the EU and its countries should:

  • support the development of non-EU countries’ immigration and asylum systems, as well as legislative frameworks;
  • enhance collaboration and capacity-building in partner countries and develop mobility partnerships on labour migration;
  • employ policy instruments developed under the “Global Approach to Migration” framework, in particular to enhance cooperation with (potential) candidate countries, and guarantee the availability and effective use of financial instruments needed to implement this framework;
  • collaborate with African partners to implement the 2006 “Rabat process” and the EU-Africa Partnership on Migration, Mobility and Employment;
  • enhance collaboration with European Neighbourhood countries, Latin America and the Caribbean and Asia, in order to develop a shared understanding of migration challenges;
  • develop the legal and operational means to provide circular migration opportunities and collaborate with countries of origin on illegal immigration;
  • incorporate provisions on social security into association agreements with non-EU countries.

SECURITY: effective fight against illegal immigration

A visa policy that serves the interests of Europe and its partners

With a common visa policy, the entry of legal visitors into EU territory should be facilitated and internal security strengthened. This visa policy should be based on the use of new technologies and widespread information sharing between EU countries. To enable this, the EU and its countries should:

  • set up a four-tier approach with controls on visa applicants at all stages;
  • take up the uniform European Schengen visas;
  • use common consular centres for issuing visas;
  • examine the application of an electronic travel authorisation for non-EU nationals;
  • examine in more detail the visa procedures, in particular with regard to long-term visas.

Integrated border management

The protection of the Schengen area’s integrity is essential. Hence, the management of external borders should be improved and the development of border control-related policies should be aligned with that of customs controls and threat prevention. In practice, the EU and its countries should:

  • strengthen the functional aspects of the European Agency for the Management of External Borders (Frontex);
  • establish an integrated approach to border management based on an improved use of information technology and the Seventh Framework Programme (FP7);
  • carry on developing the European border surveillance system (EUROSUR);
  • collaborate with non-EU countries to develop the management of borders in relevant countries of origin and transit;
  • provide financial support for the development of the integrated European border management system;
  • develop a one-stop-shop control system at land borders through improved collaboration between EU country authorities.

Stepping up the fight against illegal immigration and zero tolerance for trafficking in human beings

A consistent policy for fighting illegal immigration and trafficking in human beings should be developed. Measures against undeclared work and illegal employment and for protecting victims of trafficking should be established. To work toward these goals, the EU and its countries should:

  • supply resources for investigating cases of smuggling and trafficking;
  • collaborate with representatives of workers and employers to tackle illegal employment;
  • develop tools to analyse risks and provide for evaluation of policies and improvement of measurement techniques;
  • support collaboration between administrations, in particular with regard to cross-checks, and assist in establishing exchanges of good practices;
  • encourage the use of biometrics as an effective tool in the fight against illegal immigration and trafficking;
  • apply fundamental human rights to non-EU nationals residing illegally in the EU;
  • provide protection and assistance to victims of trafficking, also with regard to recovery and reintegration into the society;
  • expand the legal framework to apply to new criminal phenomena in illegal immigration and sexual exploitation of children;
  • ensure the effective implementation of international instruments in the field of migrant smuggling and human trafficking in the EU.

Effective and sustainable return policies

Return policies are integral to policies on immigration. Giving legal status to illegal immigrants en masse should not be encouraged; yet, the possibility of giving legal status to individuals should not be impaired. Hence, the EU and its countries should:

  • ensure that return decisions are mutually recognised in the EU and promote collaboration between EU countries in carrying out these decisions;
  • assure that the directive on common standards for returning non-EU nationals staying illegally is implemented and applied once it has entered into force;
  • develop means to identify undocumented returnees and examine whether a European laissez-passer may be implemented for returning undocumented immigrants;
  • promote the implementation of readmission agreements by non-EU countries;
  • establish a common European approach to giving legal status to illegal immigrants.

Background

In today’s Europe without internal borders, managing immigration in a coordinated manner is of utmost importance. Since 1999, the EU has been seeking to do this under the auspices of the Treaty establishing the European Community (now under the Treaty on the Functioning of the European Union). However, the Commission deems that achievements to date have not been sufficient. A Europe-wide common policy is needed to provide a framework for coherent action. A vision for this policy was presented within the Commission communication “Towards a Common Immigration Policy” on 5 December 2007. Subsequently, the European Council confirmed the importance of developing a common policy and requested that the Commission submit proposals in 2008.

Strengthening the Global Approach to Migration

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Strengthening the Global Approach to Migration

Outline of the Community (European Union) legislation about Strengthening the Global Approach to Migration

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Free movement of persons asylum and immigration

Strengthening the Global Approach to Migration

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 8 October 2008 – Strengthening the Global Approach to Migration: Increasing coordination, coherence and synergies [COM(2008) 611 final – Not published in the Official Journal].

Summary

This Communication reports on the implementation of the Global Approach to Migration, presenting its future possibilities and suggesting improvements with regard to its coordination, coherence and synergies. The focus is both on the thematic development and the geographical aspects of the Global Approach.

Legal economic migration

Collaboration with third countries should be extended to address the European Union’s (EU) labour needs. Consequently, potential migrants should be informed about the rules and procedures for gaining legal access to the EU and of the risks associated with illegal migration. To this end, a migration portal will eventually be established and targeted information campaigns carried out. It is also essential that labour migrants’ access to the EU is flexible and that mobility for research or business purposes is facilitated. To this end, the Commission will aim to develop:

  • first generation mobility partnerships to use in strategic cooperation activities;
  • centres offering information and management services related to migration;
  • tools to better match jobseekers to vacancies;
  • exchanges of best practice among relevant stakeholders;
  • legal and operational measures that encourage circular migration;
  • common centres to handle visa applications.

Fighting illegal migration

In order to curb irregular immigration, the EU provides support to third countries on border management-related aspects. The Council has requested that the Commission considers broadening the role of FRONTEX in this context. Support is also provided to the fight against smuggling and trafficking of human beings, namely through international instruments, the national Anti-Trafficking Action Plans and improved legislative acts. Continuing dialogue and cooperation on these issues with partner countries has also been emphasised. In this regard, the Commission intends to support the:

  • collection of information relating to changes in migratory routes to the EU;
  • development of migration management in key third countries;
  • adoption and implementation of National Integrated Border Management Strategies in third countries;
  • setting-up of a border surveillance infrastructure under the European Border Surveillance System (EUROSUR) through strengthened cooperation with third countries;
  • implementation of the Ouagadougou Action Plan, as well as the development of anti-trafficking strategies by regional organisations.

Migration and development

Migration and development-related work must be improved and intensified. The principles set out in the European Consensus on Development should be used to this end, in particular to tackle the root causes of migration. It is also essential that migration policies be mainstreamed into other relevant policy areas. Hence, the Commission intends to improve the:

  • systems for remittance transfers;
  • migrant groups’ and diaspora associations’ participation in EU policy-making;
  • Policy Coherence for Development (PCD) dimension, especially in relation to brain drain;
  • quality of and access to education and vocational training, as well as opportunities for and conditions of employment in high emigration areas;
  • application of the European Consensus on Development to issues related to employment, governance and demographic developments;
  • understanding of the link between climate change and migration, as well as its present and future effects.

Migratory routes

With regard to the southern migratory routes, more coherence needs to be achieved at the policy development and implementation levels. To this end, the Commission aims to promote intra-African cooperation and the development of African migration policy frameworks. At the EU-level, the Commission intends to manage EU-Africa cooperation through the EU Implementation Team on the Migration, Mobility and Employment Partnership.

The migration and development dimension should also be extended to the cooperation between the EU and its neighbouring eastern and south-eastern regions. Issues such as labour migration, remittances, return and reintegration, as well as diaspora networks should be taken into account.

Other regions, such as the Southern Caucasus, Central Asia, Middle East, Asia, and Latin America and the Caribbean also have an impact on the EU’s migration policy in terms of irregular as well as legal economic migration. Therefore, a differentiated approach should be taken to these regions, both bi- and multilaterally, to strengthen dialogue and cooperation.

Better governance

The Global Approach must provide a practical framework for better migration management. Hence, its coherence and efficiency must be improved. Coordination between the EU, national, regional and local levels, as well as with third countries also needs to be strengthened. Sharing information on the EU’s political objectives regarding migration must be part of the dialogue and cooperation with third countries. In addition, the EU and the Member States should make their policy profile more visible and promote the Global Approach in the different cooperation frameworks.

Finally, the overall efficiency of the Global Approach is also linked to its financing. Consequently, the Community funding instruments, as well as those of the Member States and other outside sources, must be reviewed and their use improved.

Information management in the area of freedom, security and justice

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Information management in the area of freedom, security and justice

Outline of the Community (European Union) legislation about Information management in the area of freedom, security and justice

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Police and customs cooperation

Information management in the area of freedom, security and justice

Document or Iniciative

Communication from the Commission to the European Parliament and the Council of 20 July 2010 – Overview of information management in the area of freedom, security and justice [COM(2010) 385 final – Not published in the Official Journal].

Summary

The communication presents an overview of European Union (EU) level instruments that regulate the collection, storage or cross-border exchange of personal data for law enforcement or migration management purposes. It describes the main purpose and structure of these instruments, as well as the types of personal data they cover, the authorities that have access to these data and the rules for data protection and retention. It also sets out the main principles to take into consideration when designing and evaluating such instruments in future.

Instruments in force, under implementation or consideration

The current EU level instruments consist of those that aim to improve the functioning of the Schengen area and the customs union, such as the:

  • Schengen Information System (SIS) and the second generation Schengen Information System (SIS II), which is currently under development;
  • Eurodac system;
  • Visa Information System (VIS);
  • directive on the transmission of Advance Passenger Information (API);
  • Naples II Convention;
  • Customs Information System (CIS) and its Customs File Identification Database (FIDE).

There are also EU level instruments aimed at preventing and combating terrorism and other forms of serious cross-border crime, such as the:

  • framework decision on simplifying the exchange of information between law enforcement authorities;
  • decision on stepping up cross-border cooperation;
  • Data Retention Directive 2006/24/EC;
  • framework decisions on taking account of previous convictions in new criminal proceedings and on exchanging information from criminal records, including the European Criminal Records Information System (ECRIS) for the latter;
  • Council Decision 2000/642/JHA on exchanging information between EU countries’ Financial Intelligence Units;
  • decision on cooperation between Asset Recovery Offices (AROs);
  • Cybercrime Alert Platforms.

In addition, EU agencies and bodies have been established to assist EU countries in preventing and combating serious cross-border crime, such as the European Police Office (Europol) and the EU’s Judicial Cooperation Unit (Eurojust).

As to cooperation with non-EU countries to prevent and combat terrorism and other forms of serious transnational crime, the Commission has signed Passenger Name Record (PNR) agreements with the United States, Australia and Canada. However, the European Parliament is critical of the content of these agreements and has, therefore, requested the Commission to renegotiate them. The Commission has also signed an agreement with the United States on the transfer of financial messaging data (EU-US TFTO Agreement).

Instruments envisaged in the Stockholm Programme action plan

In its action plan on the Stockholm Programme, the Commission has committed to presenting in the course of 2011 three legislative proposals:

  • a PNR package;
  • an Entry/Exit System (EES) for non-EU country nationals entering the Union for stays of a maximum of three months;
  • a Registered Travellers Programme (RTP) for simplifying border checks for certain groups of frequent travellers from non-EU countries.

The Stockholm Programme action plan also includes initiatives that the Commission is to study, with a view to presenting a communication on their feasibility:

  • an EU Terrorist Finance Tracking Programme (EU TFTP), for facilitating data transfers from the EU to the United States;
  • an Electronic System of Travel Authorisations (ESTA), for facilitating the entry of non-EU nationals who are not subject to visa requirements;
  • a European Police Record Index System (EPRIS), for facilitating the location of information across the EU by law enforcement officers.

Analysis of instruments

Only six of the above mentioned instruments involve the collection and storage of personal data at EU level: SIS, VIS, Eurodac, CIS, Europol and Eurojust. The other instruments regulate the exchange or transfer of personal information that has been collected at national level. With the exception of SIS and VIS, these instruments have a single purpose. Similarly, the personal information collected may only be used for the single purpose defined by the instrument in question, except for that collected through SIS and VIS.

Access to information from instruments that aim at combating terrorism and serious crime is limited to the police and border control and customs authorities. Access to information from Schengen-related instruments is limited to immigration authorities and, in certain circumstances, to the police and border control and customs authorities. The information flow for centralised instruments is controlled by national interfaces and for decentralised instruments by national contact points or central coordinating units.

Set of core principles for future

There is a need to establish a set of core principles for future policy developments as well as for the evaluation of the current instruments. These should consist of substantive principles, such as:

  • the safeguarding of fundamental rights, especially of the right to privacy and personal data protection via “privacy by design”;
  • an assessment of the necessity of the new instrument in terms of its impact on an individual’s right to privacy and personal data protection;
  • compliance with the principles of subsidiarity and proportionality;
  • management of risk via risk profiles.

The set of core principles should also consist of process-oriented principles, such as:

  • cost-effectiveness, taking into consideration existing instruments;
  • bottom-up policy design, taking into consideration the interests of end-users;
  • clear allocation of responsibilities, paying particular attention to governance structures;
  • reporting and review obligations to ensure the instruments serve the purposes they were designed for.

The role of customs in the integrated management of external borders

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The role of customs in the integrated management of external borders

Outline of the Community (European Union) legislation about The role of customs in the integrated management of external borders

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Police and customs cooperation

The role of customs in the integrated management of external borders

Document or Iniciative

Communication of 24 April 2003 from the Commission to the Council, European Parliament and the European Economic and Social Committee on the role of customs in the integrated management of external borders [COM(2003) 452 final – Official Journal C 96 of 21.4.2004]

Summary

The present customs controls applied to goods are not adequate to protect the Member States from the growing threats to the EU at its external borders. Chief among these are:

  • Criminal and terrorist threats

    This category includes the introduction into the Community of prohibited goods such as explosives or nuclear, biological or chemical weapons, and also smuggling or trafficking of illegal goods such as drugs, cigarettes and counterfeit goods, often used to finance to finance terrorist organisations or organised crime.
  • Health and safety risks to consumers

    This category covers the unauthorised import of contaminated goods, narcotics and anabolic substances, and medicines and consumer products that do not comply with Community safety standards.
  • Environmental and health risks

    These include illegal trafficking of species of fauna and flora in danger of extinction, radioactive matter and risks associated with the undeclared introduction into Community territory of animal or vegetable species or products.

At present the measures, priorities, investment, equipment and resources used to combat these threats and protect the Community and its citizens differ from one Member State to the next. This means that security controls are neither harmonised nor uniform at Community level, and responses to threats at the external borders are sometimes slow. Common, integrated management of the external borders therefore needs to be established.

Customs operations need to be reorganised to increase the safety of goods. Hence the Communication proposes rationalising customs controls by identifying which ones could be carried out at internal borders to enable controls at external borders to focus on the goods that absolutely must be checked there for safety reasons.

The Commission proposes establishing a common approach to risk at the external borders. In the end this will mean all the authorities with responsibilities relating to the safety of goods (including customs, the police, consumer protection, health protection and environmental protection authorities) working together to establish priorities and define common risk profiles. The risk profiles can be used to identify the most relevant data for risk analyses.

In the long run this should also mean that traders will be able to electronically transmit all data on their goods to customs for initial identification of risks. The data should be supplied in electronic format to facilitate their transfer, evaluation and processing. Customs will then have to centralise the information and send it to the competent authorities. A single transmission channel will have to be set up for this purpose, and it should be possible to process the information on the basis of the profiles established by all the authorities concerned. Effective and rapid systems for information transmission between customs and the other relevant authorities will have to be set up and operated.

Because of their experience in identifying movements of goods, customs will have to cooperate more closely with the police in fraud investigations and have a more specific role in policing goods.

The material and human resources necessary to implement the approach will need to be available at any point along the external borders. Where bulky or particularly expensive equipment is involved, it may be found desirable to designate certain specialised border posts to control certain well-defined types of goods, and to provide them with the necessary special equipment. This would make it possible to spread equipment costs more equitably and to concentrate expertise at these specialised posts. However, such specialisation should not create an obstacle to legitimate trade by imposing additional costs for processing goods at posts far from their destinations.

The proposal presents initiatives which could be introduced for sharing data on goods moving from one country to another to allow more effective identification of high-risk traffic. This would allow the transfer of data received from the exporting country, where information is easier to locate and fuller, and so accelerate customs procedures without compromising security. The Community should promote this principle of sharing responsibility with its neighbours and main trade partners.

The Community should also step up export controls.

In the interests of risk management on its external borders, the Community should increase its cooperation with third countries and countries with which it shares borders.

Measures to support the new Member States should also be adopted, in particular under the Customs 2007 programme.