Gem komm Dp 05 9177-re01[1] 06

Bilaga till dokument från EU-nämnden 2005/06:1346 Till p. 5-6

COUNCIL OF

THE EUROPEAN UNION Brussels, 18 May 2006

9177/1/06

REV 1

LIMITE

SCH-EVAL 82

COMIX 441 NOTE

from : the Presidency to: the Schengen Evaluation Working Party Subject : Schengen evaluation of the new Member States

- Draft Interim Report (June 2006) Introduction

The European Council on 5 November 2004 urged the Council, the Commission and the Member States to take all necessary measures to allow the abolition of controls at internal borders as soon as possible provided all requirements to apply the Schengen acquis have been fulfilled and after the Schengen Information System (SIS II) has become operational in 2007. It further stated that the evaluation of the implementation on the Non SIS II related acquis should start in the first half of 2006.

In the Council conclusions adopted on December 2nd, 2004, the Schengen Evaluation Working Party was, pursuant to the Decision establishing the Schengen evaluation mechanism (SCH/Com-ex (98) 26 def), asked:

to prepare reports to the Council for establishing that the preconditions have been satisfied for bringing the provisions of the Schengen acquis into force in States not, or not fully, applying these provisions ; and

to lay the foundations for the Council to ensure the proper application of the provisions of the Schengen acquis in the States already applying in full the provisions of the Schengen acquis.

In order to prepare the Council decision as referred to in Article 3(2) of the 2003 Act of Accession on the full application - once all pre-conditions are fulfilled - of the provisions of the Schengen acquis in the new Member States, the Schengen Evaluation Working Party, in order to provide for a smooth and coherent evaluation-process, to establish a common order and timetable for presentations and visits, adopted a general programme and an indicative timetable, based on declarations of readiness submitted by the new Member States.

In accordance with the common order and timetable the evaluation process of the non-SIS-related issues was divided into the following subsections:

Data Protection

Police Cooperation

Sea Borders, Land borders and Air borders

Visa

In order to provide for smooth organisation and planning agreement was reached to assemble the new Member States to be evaluated in groups. Nevertheless it is common understanding that the reports on the findings and recommendations would be drafted by the expert-groups individually on a country-by-country-basis.



To give all Member States a general overview - among others - about the organisational details, the division of tasks, the level of preparations, staffing and equipment, extensive questionnaires were handed out and answered by all new Member States and each Member State to be evaluated was asked to give a brief presentation of the particular situation regarding each topic to be evaluated.

State of play

Based on the results of the previous presidencies the Austrian Presidency has, in an effort to provide for a smooth continuation of the evaluation-process again involving also the future incoming presidencies, now formally started the evaluation of the non-SIS-related issues.

The work-programme under the Austrian Presidency consisted of the following items:

Continuation and finalization of the presentations of the new Member States to be evaluated

Organization of the following evaluation-missions:

Data Protection I (PL, SK)

Data Protection II (HU, CZ, SI)

Police Cooperation I (PL, SK)

Police Cooperation II (SI, HU, CZ)

Sea borders I (SI, PL)

Air borders I (PL, SK)

Visa I (covering SI, LT, MT, PL, LV, CZ, EE at embassies in Moscow and St. Petersburg)

Land borders I (SI, HU)

Visa II (covering LV, PL, EE, H, SK, LT, CZ at embassies in Kiev)

Air borders II (CZ, HU, SI) 2

Discussion of the draft reports including the findings and recommendations of the experts involved.

Agreement on the reports and handover of the agreed reports to the incoming Finnish Presidency.

Conclusions:

In concluding this first stage of a continuing process, the Austrian Presidency is, first of all, particularly grateful to all the different partners involved for the progress achieved in this first half year of 2006. It goes without saying that without this common effort it would have been impossible to successfully launch this project as scheduled and conclude the work-programme as planned.

At the end of the second semester of 2006, the findings and recommendations concerning the evaluations conducted in 2006 as well as information on new developments and/or adjustments submitted by the evaluated Member State until then, will serve as a base for Council conclusions, containing a progress report and recommendations as well as suggestions on possible follow-up measures, in accordance with the programme of the Presidency and the commonly agreed timetable.

Without prejudice it can nevertheless already now be said that, as first results have shown the evaluated new Member States have put great effort in the preparation not only of the visits but also of their systems with the aim of taking over full responsibility for the protection of the Schengen-external border in due time, yet depending on the outcome of the evaluations and to be done on the basis of individual Council Decisions for each Member State.

The Council is invited to take note of this progress.

_

To be adjusted in accordance with the outcome of the meeting of the Schengen Evaluation Working Party on May 18th, 2006.

Mission to be concluded under Austrian Presidency; reports to be dealt with under Finnish Presidency.

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