Activities of Marie-Christine VERGIAT related to 2017/2256(INI)
Plenary speeches (1)
Annual Report on the functioning of the Schengen area (debate) FR
Shadow reports (1)
REPORT on the annual report on the functioning of the Schengen area PDF (317 KB) DOC (68 KB)
Amendments (38)
Amendment 2 #
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the Schengen Borders Code, and in particular Articles 14 and 17 thereof;
Amendment 6 #
Motion for a resolution
Recital A
Recital A
A. whereas the Schengen area is a unique arrangement and one of the greatest achievements of the European Union, allowing free movement of people within the Schengen area without controls at internal borders; whereas this has been made possible through a variety of compensating measures, such as re- enforcing the exchange of information through the establishment of the Schengen Information System (SIS) and creating an evaluation mechanism to verify the implementation of the Schengen acquis by Member States and foster mutual trust in the functioning of the Schengen area; whereas mutual trust also demands solidarity, judicial and police cooperation in criminal matters and common views on migration, visa and asylum policies, and respect for international and European law in this area;
Amendment 12 #
Motion for a resolution
Recital B
Recital B
B. whereas in recent years several factors have impacted the functioning of the Schengen area; whereasthat these factors include athe impact of international movements and tourist flows, which were the initial motivation for the so-called ‘Smart Borders’ legislation, as well as the significant numbers of asylum seekers and irregular migrants with related secondary movements; whereas these factorsin the context of the global refugee crisis, 85% of whom are being received by developing countries, and both regular and irregular migrants to the EU, as well as their related secondary movements; stresses that, with regard to the nationalities involved in both regular and irregular migration, the first matter to be addressed is that of legal migration channels and the lack of a common European reaction to the increase in the number of asylum seekers arriving in the EU from the eastern and central Mediterranean routes; whereas these factors, which cannot be confused, also include terrorism and a heightened threat to public policy and the internal security of the Member States; whereas several Member States have also reintroduced and subsequently prolonged controls at internal borders since 2014; whereas, in view of the continuing sharp decline in the number of irregular migrants since mid- 2016, the same factors can no longer be used as justification for maintaining temporary border controls;
Amendment 18 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas some Member States have reacted to the arrivals of asylum seekers and refugees by re-establishing controls at their internal borders on the grounds of ‘regulating’ the movement of third- country nationals seeking international protection, even though Article 14.1 of the Schengen Borders Code stipulates that the ‘normal border procedure’ does not apply to asylum seekers; whereas there is a need to implement a fair system of shared responsibility for the assessment of asylum applications;
Amendment 19 #
Motion for a resolution
Recital C
Recital C
C. whereas the Commission has proposed a series of measures with a view toaimed at restoring the normalproper functioning of the Schengen area; whereas the proper functioning of the Schengen area depends on the adoption of such measures and on their implementation, in particular by Member Statesich depends primarily on the Member States and the trust they have in each other, which is also based on European solidarity measures aimed at the so-called ‘countries of first entry’;
Amendment 28 #
Motion for a resolution
Recital D
Recital D
D. D. whereas the permanenta reintroduction of border controls would have a serious impacts on citizens’ lives an on the lives of European citizens and all those who benefit from the principle of free movement within the EU, and would seriously undermine their trust in the European integrastitutions; whereas Schengen countries would face tremendous direct operational and investment costs, with crippling effects on their economies; whereas the estimations of those costs alone amount to more than EUR 18 billion per year for cross-border workers, tourists, road freight transporters and public administrations;
Amendment 32 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the construction of walls and fences at the EU’s external and internal borders by various Member States is increasing and is being used as a deterrent for entry and transit of asylum seekers, inter alia, into EU territory; recalls that, according to the Transnational Institute (TNI), it is estimated that European countries have built more than 1 200 kilometres of walls and borders at a cost of at least EUR 500 million and that, from 2007 to 2010, EU funds have contributed to the deployment of 545 border surveillance systems, covering 8 279 kilometres of the EU’s external borders and 22 347 surveillance devices;
Amendment 46 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes the effectiveness of the measures taken at the external borders and the creation of the European Border and Coast Guard Agency; notes the efforts of the Agency in implementing the new regulation, especially through joint operations in the field of border surveillance and return, and by supporting the Member States particularly affected by migratory pressure; sees the importancthe challenges related to migration and the reception of asylum seekers and refugees; takes note of the newly introduced vulnerability assessment mechanism in uncovering weaknesses at the common external borders, including with regard to respect for fundamental rights and in particular the principle of non-refoulement, the right of asylum, respect for the rights of vulnerable persons, including minors, and preventing crises; emphasises the concerted efforts and cooperation between agencies and other stakeholders, in organisparticular ing the ‘Hotspot’ approacharea of training;
Amendment 54 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. NotDeplores the steps taken through the amendment of the Schengen Borders Code and introduction of mandatory systematic registerdatabase checks for EU nationals, while remaining vigilant aboutboth at entry and exit points at the external borders, especially in light of the principles of necessity and proportionality and the effects these requirements have on the border crossings of EU nationals;
Amendment 58 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. EmphasisDeplores the support and capacity- building measures taken in the countries of origin to address the root causes of irregular migration; considers it crucialmigration; considers that, far from combating human trafficking and smugglers, these measures are instead playing their part and making migration routes even more dangerous; regrets, furthermore, that these border control policies are being pursued at the expense of development policies through the EU Trust Fund for Africa and calls on the Member States, at minimum, to fulfil their commitments with regard to European funds; considers it crucial that a proactive EU Search and Rescue Fund is established and that adequate maritime search-and- rescue aspects and capabilities are embedded into all operational planning and execution, as provided for in Regulation (EU) No 656/2014;
Amendment 70 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers cooperation with thirdthat any European migration policy must take place in a global countries, in particular in the ext, taking into account the arrival and departure of all third-countext of development policy and readmissry nationals of any kind, as well as nationals of Member States moving outside the European Union, agreements, as one of the most essential elements in finding the solution to irregular migrationnd that cooperation with developing countries must not be at the expense of development aid or conditional on readmission agreements;
Amendment 80 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the ongoingTakes note of the reform of the SIS and the establishment of other large-scale information systems, as well as the objective of improving their interoperability while preserving the necessary safeguards, namely wind regrets that irregular residence is increasingly regarded as a criminal offence and that return policies are increasingly systematic and fail to take real account of the individual situations of the persons concerned; denounces, furthermore, the prioritisation of this area at the expense of other policies and, in particular, the fight against terrorism and trafficking of all kinds; recalls the need to establish vital safeguards as regards respect for fundamental rights, including the regardight to data protection and privacy;
Amendment 89 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes the work done in the field of cross-border police and law enforcement cooperation and the work of EUROPOL, in particular the European Migrant Smuggling Centre, to counter trafficking in human beings through intelligence, information exchange and joint investigations; calls for priority to be assigned to the funding of all illegal activities; calls for all the services concerned to be particularly vigilant as regards respect for human rights, EU law, international law and the protection of minors and vulnerable persons;
Amendment 100 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. WelcomNotes the Commission’s efforts to elaborate the European Integrated Border Management (IBM) concept on the basis of the provisions in the European Border and Coast Guard Regulation;
Amendment 102 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Sees great value in the renewed Schengen evaluation mechanism as it promotes transparency, mutual trust and accountability between the Member States by scrutinising the way they implement the different fields of the Schengen acquis; notes, however, that it cannot only focus on border control without concerning itself with the need to respect fundamental rights, which are the very basis of EU values, in particular as regards the right to asylum; believes that it is necessary to carry out assessments of compliance with EU law and international law on international protection obligations and non-refoulement; questions the systemising of certain controls, bearing in mind the principles of non-discrimination, necessity and proportionality;
Amendment 105 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the current state of Schengen and the issues it has encountered are not due to problems in the structure and construction of Schengen itself but rather to the connected fields of the acquis, such as shortcomings in the area of the Common European Asylum System, including the Dublin Regulation, and control of the external borders; inadequacy or the outright lack of solidarity between Member States, and even distrust of certain Member States vis-à-vis other States, in the connected fields of the acquis, such as shortcomings in the area of the Common European Asylum System, and in particular the lack of common sustainable policies to respond to migration challenges, including how to implement the Dublin Regulation;
Amendment 115 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers the critical shortcomings discovered through the Schengen Evaluation Mechanism and the vulnerability assessment to be problematic; calls for ad hoc resources to be allocated to this evaluation mechanism and for provision to be made for genuinely unannounced checks; regrets the lack of overall balance in the Schengen evaluations conducted and insists that greater attention should be devoted to aspects relating to fundamental rights at external borders;
Amendment 119 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses great concern regarding the implementation of the European Border and Coast Guard Regulation ((EU) 2016/1624) and underlines the need for Member States to comply with the requirements stipulated in the regulation, in particular regarding the commitments to the rapid reaction equipment poolhey have given, especially with regard to the staff made available, their training and that of local staff in order to ensure that fundamental rights are always respected;
Amendment 124 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Condemns the continued reintroduction of internal border checks as this undermines the basic principles of the Schengen area, and expresses doubts about the lawfulness of some prolongations of controls, especially those that continue for long periods and are diverted from their original purpose, such as the introduction of new types of ‘targeted’ controls; is concerned, in this context, that the reintroduction has aggravated the difficulties experienced by asylum seekers and migrants in reaching EU territory; particularly condemns the alleged practices in some Member States as regards collective refoulements and violence at internal and external borders of the EU, non-compliance with the 24- hour period within which the necessary checks are supposed to be conducted regarding both their identity and the possibility of applying for asylum; is particularly concerned about the allegations of refoulement of minors; urges the Commission to ensure the application of the acquis communautaire with regard to respect for fundamental rights and in particular the principles of free movement, non-refoulement and non-discrimination, in particular because of individuals’ skin colour or actual or assumed religion, and the right to asylum; is also of the opinion that Member States have not taken the proper measures to ensure cooperation with other affected Member States to minimise the effects of these measures, nor have they sufficiently justified such controls or provided enough information on their results of such controls, therefore hindering the analysis by the Commission and scrutiny by Parliament; considers the economic, political and social impacts of this practice to be detrimental to the unity of the Schengen area and harmful to the prosperity of European citizens and the principle of freedom of movement; recalls that Member States have other tools available, namely targeted police controls, as recommended by the Commission; recalls that such checks may prove more effective than internal border controls, notably as they are more flexible and can be adapted more easily to evolving risks; in the context of the fight against terrorism, expresses its astonishment at the distinctions drawn with regard to migration and tourist flows;
Amendment 138 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Appreciates, as part of efforts to restore the normal functioning of Schengen, the proposal to amendRegrets that the Commission’s proposal to amend the Schengen Borders Code may not resolve but on the contrary worsen the situation, in particular because of the increase in the duration of reintroduced controls from six months to one year; considers that differentiated evaluations should be carried out in the light of the reasons invoked by Member States for reintroducing border controls, and considers it necessary to ascertain whether the Schengen Borders Codecks are genuinely being carried out for the reasons stated and whether the means used correspond to those reasons; recalls that these changes should merely reflect the new challenges and diffuse threats to internal security and should not be a further avenue for prolonging internal border controls; considers that these steps are to be made carefully in order not to inflict irreversible damage on the basic idea of free movementis concerned that the Commission’s proposal on the reintroduction of internal border controls is based on an assessment of ‘perceived risk’ rather than strict and sound evidence and the existence of a serious threat and that the so-called ‘risk assessment’ is to be entrusted entirely to the State reintroducing the border controls; condemns some Member States’ practice of linking secondary movements of asylum-seekers and migrants to security and terrorism risks; recalls that each of these phenomena is of a different nature and scale and requires separate and differentiated assessment and practices; is also concerned about the use of military forces in the context of these border controls; considers that these steps are to be made carefully in order not to inflict irreversible damage on the basic idea of free movement, particularly by establishing substantial procedural safeguards to maintain a strict temporal limitation on the reintroduction of checks at internal borders;
Amendment 147 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that all the Member States should do their utmost to ensure a high level of control at their external borders by allocating sufficient resources through staffing and expertise, to ensure full respect for fundamental rights - including in matters relating to international protection and non-refoulement - establishing the necessary command and control structures and formulating up-to- date risk analyses in accordance with Regulation (EU) 2016/1624 for all tiers of command to facilitate effective operations, including in terms of search and rescue at sea and to address any significant population movement of whatever nature;
Amendment 157 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that cooperation at national level between different law enforcement services, the military, border guards and customs is often inadequate, resulting in fragmented situational awareness and low effectiveness; notes that these may increase the number of controls and/or, on the contrary, make them ineffective;
Amendment 163 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that were the Schengen evaluation mechanism to be revised, any proposal should address the major delays from the on-site visit to the implementing decisions and action plans and should facilitate swift remedial action on the part of the Member States; considers that it should also address the absence of substantial and systematic monitoring of compliance with the Member States’ obligations as regards international protection and non- refoulement;
Amendment 164 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that Parliament should be immediately and fully informed of any proposal to amend or replace the Schengen evaluation mechanism; notes that the Commission should undertake a review of the operation of the Schengen evaluation mechanism within six months of the adoption of all evaluation reports regarding evaluations covered by the first multiannual evaluation programme, and transmit this to Parliament; urges the Commission to take account of the issue of respect for fundamental rights, in particular the right to asylum, the protection of the most vulnerable persons, including minors, and the principle of non-discrimination;
Amendment 165 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. SupportNotes the prompt introduction of the IBM Strategy, the technical and operational strategy by the European Border and Coast Guard Agency and the Member States’ subsequent national strategies; is fully aware of the inconsistencies in the implementation of the IBM Strategy in the Member States and stresses that the full execution of the IBM Strategy in all Member States is vital for the adequate funcregrets that some pillars of this strategy are being favoured at the expense of others; is fully aware of the inconsistencies in the implementation of the IBM due to the lack of a comprehensive approach to border management, asylum and migration at EU level in such a way that it respects the principle of solidarity and overall Member States’ obligations concerning international protection, in particular; notes also the different levels of executioning of the Schengen areaIBM strategy in the Member States;
Amendment 168 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses the urgent need to address the identified critical shortcomings without delay in order to return to the normal functioning of Schengen without internal border controls; calls on the Commission and the Member States to organise an assessment of the qualitative use and qualitative effects of internal targeted controls by Member States within their territory;
Amendment 178 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses that safe, legal access to the EU, including at the external borders of the Schengen area, will help ensure the overall stability of the Schengen area;
Amendment 184 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on all Member States to implement fully all the existing regulations and their obligations under EU and international law and calls on the Commission to act decisively in matters of violations of commonly agreed rules by imposing proportionate and necessary measures on the Member States in question, in order to safeguard the interests of the other Member States and of the Union as a whole;
Amendment 187 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to make available the necessary information and statistical data to facilitate the national management of resources and capabilities related to border control; calls on the Member States, in particular those directly affected, to prepare and sufficiently test necessary contingency plans to mitigate situations of disproportionate migratory pressuretake into consideration the reality of all population movements at the borders, as well as to increase their registration and accommodation capacity in case of such eventthe event of migratory movements and large numbers of asylum seekers; calls on the Member States to improve their capabilities to detect document fraud and clandestine entries; ; calls for concerted efforts to combat human trafficking and terrorism, particularly in order to identify their financing with greater precision;
Amendment 199 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Member States to furimprove ther development of mutual cross- border police cooperation through joint threat assessment, risk analysis and patrols; calls for the full implementation of the Prüm Convention and adhesion to the European Information Exchange Model and the Swedish Initiative; calls on the Member States to improve their national law enforcement cooperation structures and to improve practical cooperation, in particular with neighbouring Member States;
Amendment 205 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to ensure swift return procedures once a return decision has been issued; calls on the Member States to take specific steps to ensure adequate infrastructure, accommodation and living conditions for arriving asylum seekers, especially taking into consideration the needs of unaccompanied minors and families with minors; calls on the Member States to bring their detention facilities into line with the requirements so as to meet capacity demand, and to increase the use of alternative measures to deten as well as women in vulnerable situations;
Amendment 212 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the Member States to bring their detention centres into line with the provisions of national and international law to ensure that third- country nationals placed in detention are treated humanely and with dignity, in full respect of their fundamental rights, and to increase the use of measures other than detention; notes that detention must be used only in the event of other sufficient, non-coercive measures being unavailable and that it must be used in full respect of the fundamental rights of the individuals concerned and only if it is indispensable; notes that the detention of minors and especially young children can never be in their best interests and calls on the Member States to take other action to avoid splitting up families;
Amendment 213 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Member States to ensure the independent nature of the national data protection authorities, namely by providing sufficient financial resources and staff to fulfil their increasing tasks; calls on the independent supervisory authorities of the Member States to ensure the necessary audits of information systems and their use; calls on the Member States to implement provisions to enable the rights of data subjects to launch complaints and request their personal information, and to raise public awareness regarding information systems; calls in particular for action on this matter by the European Border and Coast Guard Agency;
Amendment 216 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Insists that multipurposeStresses the need for operations be conducted by national coast guards and the European Border and Coast Guard Agency with the aim of responding to the need for maritime search-and-rescue assets (as also provided for in Regulation (EU) No 656/2014) to be present in the relevant areas; requires the European Border and Coast Guard Agency to take a more active role in supporting the Member States in coordinated return operation; calls on the Member States to give more active support to the various missions of the European Border and Coast Guard Agency, in particular rescues at sea, rather than just security missions; is concerned in this regard at the increasing use of Common Security and Defence Policy assets for migration control and border surveillance, in particular because the authorities involved in such missions are not subject to the same standards, codes of conduct and control mechanisms as those which apply to the authorities involved in implementing the Regulation on the European Border and Coast Guard and the EU acquis;
Amendment 222 #
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 226 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls the high priority given to the reform of the Common European Asylum System (CEAS) as part of the holistic approach to tackling the refugee and migration crisis and the Commission’s Agenda on Migrationnd the opening of legal channels of migration, which are part of the holistic approach to address the challenges facing refugee, asylum-seeker and migrant policies and the Commission’s Agenda on Migration; notes that these are interdependent proposals and should be adopted simultaneously as a legislative package; notes that Parliament has repeatedly stressed that opening legal channels for migrants and refugees is the best way to fight human trafficking and at the same time ‘irregular’ migration; is of the opinion that only a real European right to asylum can enable the discrepancies between the Member States in awarding international protection to be avoided; calls on the Council to swiftly follow Parliament in adopting a mandate for negotiations on every proposal in this regard; highlights that the new European Agency for Asylum has still to be approved and urges the Council to unblock this file as a matter of urgency;
Amendment 233 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Insists on developing the Schengen evaluation mechanism together with the vulnerability assessment tool in a way that prevents unforeseen relapses in the overall management of the external borders, including compliance with the Geneva Convention, which was signed by all the Member States, and facilitates thorough scrutiny and transparency between Member States and institutionsthe European institutions, in particular Parliament;
Amendment 242 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses the importance of reforming and adapting the SIS to face new challenges swiftly, namely regarding the protection of missing children, and the immediate exchange of information on terrorism whilst complying with all guarantees concerning compliance with the fundamental rights of EU citizens and third-country nationals and the mandatory exchange of information on return decisions; highlights the anticipated substantial increase in the activity of the Supplementary Information Request at the National Entry (SIRENE) Bureau and calls on Member States to reinforce the means at its disposal by ensuring that it has adequate financial and human resources to carry out its new functions;