2022/0806(NLE) Full application of the provisions of the Schengen acquis in the Republic of Croatia
Lead committee dossier:
Progress: Procedure completed, awaiting publication in Official Journal
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
RANGEL Paulo ( EPP)
|
NEMEC Matjaž ( S&D),
OETJEN Jan-Christoph ( Renew),
MARQUARDT Erik ( Verts/ALE),
KOFOD Peter ( ID),
BRUDZIŃSKI Joachim Stanisław ( ECR),
DALY Clare ( GUE/NGL)
|
Lead committee dossier:
Subjects
Events
2022/12/06
EP/CSL - Act adopted by Council after consultation of Parliament
2022/11/10
EP - Results of vote in Parliament
Documents
2022/11/10
EP - Decision by Parliament
Details
The European Parliament adopted by 534 votes to 53, with 25 abstentions, a legislative resolution on the draft Council decision on the full application of the provisions of the Schengen acquis in the Republic of Croatia.
Parliament approved, subject to amendments, the Council's plan to abolish internal border controls between the Schengen area of free movement and Croatia.
Parliament called on Croatia to inform it and the Council in writing, by six months following the date of entry into force of this Decision, of follow-up actions undertaken following the action plan in the field of the management of external borders and the implementation of any ongoing actions related thereto, including on the independent mechanism for monitoring the actions of police officers.
After the entry into force of this Decision, the Commission should, in its annual evaluation programme, include either a periodic or a thematic evaluation of Croatia’s application of the Schengen acquis in the field of management of the external borders, including concerns on fundamental rights situation.
In light of reports and allegations of mistreatment and pushbacks of migrants at the borders, this evaluation should include a visit to Croatia, as well as an annual follow up on the re-established independent monitoring mechanism at the external borders. The Commission should make appropriate recommendations for actions aimed at addressing any identified deficiencies and provide clear and regular information about them.
Documents
2022/11/09
EP - Debate in Parliament
Documents
2022/10/28
EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2022/10/28
EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2022/10/25
EP - Vote in committee
2022/10/17
EP - Amendments tabled in committee
Documents
2022/10/11
EP - Committee draft report
Documents
2022/10/10
EP - RANGEL Paulo (EPP) appointed as rapporteur in LIBE
2022/07/07
EP - Committee referral announced in Parliament
2022/06/23
CSL - Legislative proposal
Documents
2022/06/23
EC - Legislative proposal published
Documents
Documents
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T9-0385/2022
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A9-0264/2022
- Committee report tabled for plenary, 1st reading/single reading: A9-0264/2022
- Amendments tabled in committee: PE737.265
- Committee draft report: PE737.230
- Legislative proposal: 10624/2022
- Legislative proposal published: 10624/2022
- Legislative proposal: 10624/2022
- Committee draft report: PE737.230
- Amendments tabled in committee: PE737.265
- Committee report tabled for plenary, 1st reading/single reading: A9-0264/2022
Activities
- Stanislav POLČÁK
- Paulo RANGEL
Plenary Speeches (2)
- Michal ŠIMEČKA
Plenary Speeches (2)
- Dominique BILDE
Plenary Speeches (1)
- Angel DZHAMBAZKI
Plenary Speeches (1)
- Clare DALY
Plenary Speeches (1)
- Valter FLEGO
Plenary Speeches (1)
- Vladimír BILČÍK
Plenary Speeches (1)
- Vlad GHEORGHE
Plenary Speeches (1)
Votes
Application intégrale des dispositions de l’acquis de Schengen en Croatie - Full application of the provisions of the Schengen acquis in Croatia - Vollständige Anwendung der Bestimmungen des Schengen-Besitzstands in Kroatien - A9-0264/2022 - Paulo Rangel - Amendements de la commission compétente - Am 1 #
2022/11/10 Outcome: +: 485, -: 114, 0: 16
PPE
The Left
NIA9-0264/2022 - Paulo Rangel - Amendements de la commission compétente - Am 2 #
2022/11/10 Outcome: +: 464, -: 124, 0: 19
A9-0264/2022 - Paulo Rangel - Projet de décision du Conseil #
2022/11/10 Outcome: +: 534, -: 53, 0: 25
| Amendments | Dossier |
| 50 |
2022/0806(NLE)
2022/10/14
LIBE
50 amendments...
Amendment 10 #
Draft legislative resolution Citation 7 d (new) – having regard to the Croatian Ombudsperson Annual Report 2020 of 26 February 2021, ‘Izvješće pučke pravobraniteljice za 2020. godinu’,
Amendment 11 #
Draft legislative resolution Citation 7 e (new) – having regard to the Fundamental Rights Report 2022 of 8 June 2022 of the European Union Agency for Fundamental Rights,
Amendment 12 #
Draft legislative resolution Citation 7 f (new) – having regard to the judgment of Federal Administrative Court of Switzerland (BVG) of 12.06.2019, in case BVGE 3078/2019, regarding the annulment of a Dublin transfer to Croatia,
Amendment 13 #
Draft legislative resolution Citation 7 g (new) – having regard to the Article of the ‘Guardian’ of 15 June 2020 ‘EU “covered up” Croatia’s failure to protect migrants from border brutality’, and the results of the joint investigation published by Lighthouse Reports on 6 October 2021 ‘Unmasking Europe’s shadow armies’,
Amendment 14 #
Draft legislative resolution Citation 7 h (new) – having regard to the Annual Report of the Independent Mechanism of Monitoring the actions of police officers of the Ministry of the Interior in the area of illegal migration and international protection, June 2021 - June 2022, published in July 2022,
Amendment 15 #
Draft legislative resolution Recital A A. whereas a fully functioning Schengen area and its enlargement to include the Schengen candidate countries remain key for further political, economic and social integration, fostering cohesion and bridging gaps between countries and regions, and a prerequisite for safeguarding the principle of freedom of movement whilst increasing security in the EU as a whole; whereas the Schengen area is one of the greatest achievements of the European Union; whereas this has been made possible through the creation of 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;
Amendment 16 #
Draft legislative resolution Recital A A. whereas
Amendment 17 #
Draft legislative resolution Recital C a (new) Ca. whereas reports of violence against migrants, including those seeking international protection, as well pushbacks at Croatia’s external borders have been widely reported and documented by media and human rights organisations, and include video evidence of Croatian police carrying out violent pushbacks as well as whistleblower testimony from within the Croatian police claiming that orders for the pushbacks come from the very top of the Croatian government; whereas NGOs have thoroughly documented beatings, sexual assault, and humiliating acts carried out against migrants by Croatian border guards; whereas Croatia has been found in violation of the prohibition of collective expulsion in the case M.H. and others v. Croatia; whereas the Parliament has expressed on multiple occasions its deep concerns about the persistent and serious reports of violence and pushbacks at the external borders, including from one Member State to another and then to a non-EU country;
Amendment 18 #
Draft legislative resolution Recital C b (new) Cb. whereas the CPT is one of the most venerable and trusted of EU bodies, with a stellar track record of monitoring and reporting on how persons deprived of their liberty are treated; whereas the CPT’s report on their monitoring visit to Croatia was suppressed by the Croatian authorities in a move unprecedented in the history of the CPT, and released publicly only after the CPT triggered Rule 39 §3 (1) of its Rules of Procedure and published the report itself following written statements made by a senior Croatian official pertaining to the content of the report which were placed into the public domain; whereas the Croatian state secretary for European and international affairs accused the CPT of having threatened police officers, attempted to steal documents, and forcibly entered official premises during their visit in 2020; whereas the CPT forcibly rebutted these claims and said they were ‘a misrepresentation of the report’s contents [and] the professional integrity and modus operandi of the members of the CPT’s delegation’; whereas the CPT reported that its work was obstructed by the Croatian authorities during its visit; whereas the CPT reported numerous credible and concordant allegations of serious physical ill-treatment of migrants by Croatian police officers; whereas the CPT team included two forensic medical doctors who assessed the injuries of those they interviewed as being compatible with their allegations of ill-treatment by Croatian law enforcement officials; whereas as well as violence, the CPT reported allegations of degrading and humiliating treatment of migrants by Croatian law enforcement officers;
Amendment 19 #
Cc. whereas the CPT called on the Croatian authorities to take vigorous steps to stamp out ill-treatment of foreign nationals deprived of their liberty by the police and to give police officers the clear and firm message that detained foreign nationals must be treated with respect, processed in accordance with law and be unequivocally reminded that any form of ill-treatment of detained persons – including psychological ill-treatment, threats of ill-treatment, demeaning and humiliating actions – as well as any tolerance of such ill-treatment by senior officers, is unlawful and will be punished accordingly; whereas the CPT concluded that there are no accountability mechanisms in place which would allow for the prompt identification and review of the behaviour of those police officers involved in diversion and interception operations of migrants, and recommended that the Croatian authorities take the necessary steps to introduce robust accountability and oversight mechanisms for all police operations related to the interception and diversion of migrants; whereas such accountability and oversight mechanisms have not been put in place by the Croatian authorities;
Amendment 20 #
Draft legislative resolution Recital C d (new) Amendment 21 #
Draft legislative resolution Recital C e (new) Ce. whereas the Commission’s the communication of 22 October 2019 on the verification of the full application of the Schengen acquis by Croatia has been criticised by human rights groups and NGOs, who called for Croatia to demonstrate concrete progress by putting in place an independent and effective monitoring mechanism as well as evidence of thorough investigations of summary returns of migrants and asylum seekers at its borders as well as allegations of Croatian guards using violence against them before Schengen accession would be granted;
Amendment 22 #
Draft legislative resolution Recital C f (new) Cf. whereas no independent and effective human rights monitoring mechanism at the Croatian external border has been established;
Amendment 23 #
Draft legislative resolution Recital C g (new) Cg. whereas no thorough and effective investigations of pushbacks or violence by Croatian border guards have taken place;
Amendment 24 #
Draft legislative resolution Recital C h (new) Amendment 25 #
Draft legislative resolution Recital C i (new) Ci. whereas in the case of M.H. vs. Croatia, the ECHR found violations by Croatia of article 4, protocol 4 of the European Convention on Human Rights, as well as article 2, articles 3 and 5, and article 34; whereas the judgment enumerates the variety and authoritativeness of the reports, drawing a comparison to its findings in paragraph §174 M.K. v. Poland in which the Court had expressly concluded that the existing reports ‘indicate[d] the existence of a systemic practice’; whereas the judgement emphasises the important role played by NGOs such as the Center for Peace Studies and Are You Syrious, and Croatia’s obstruction of their work; whereas the Croatian authorities have not taken any concrete steps to execute the judgement or to investigate the incident that precipitated the case;
Amendment 26 #
Draft legislative resolution Recital C j (new) Cj. whereas part of the EUR 6.8 million in emergency funding granted by the Commission to Croatia in December 2018 to reinforce border management was dedicated to a new monitoring mechanism, which, according to the Commission, would help to ensure that border control activities by Croatian border guard officers remain fully compliant with EU law, international obligations and with the respect of fundamental rights and the rights resulting from the EU asylum acquis, including the principle of non- refoulement; whereas in its 2019 communication the Commission stated that the mechanism ‘allows for independent monitoring of activities carried out by the Croatian border police; whereas the independent monitoring mechanism referred to in 2019 by the Commission as then extant was not established until 2021;
Amendment 27 #
Draft legislative resolution Recital C k (new) Amendment 28 #
Draft legislative resolution Recital C l (new) Cl. whereas the mandate of this monitoring mechanism formally ended on 8 June 2022; whereas it is not clear if, when and for how long a new border monitoring mechanism will be set up; whereas this independent monitoring mechanism was a key element in the proposed accession of Croatia to the Schengen area;
Amendment 29 #
Draft legislative resolution Recital C m (new) Cm. whereas all candidates for Schengen accession are obliged to take steps to apply the Schengen acquis in full; whereas full application of the Schengen acquis is a pre-condition for accession to the Schengen area; whereas Article 4 of the Schengen Borders Code explicitly obliges Member States to apply the Regulation in full compliance with relevant Union law, including the Charter of Fundamental Rights of the European Union (‘the Charter’), relevant international law and fundamental rights; whereas the Commission failed to take into account Croatia’s compliance with article 4 in its Communication; whereas a European Ombudsman inquiry has identified significant shortcomings related to how the Commission monitors respect for fundamental rights by the Croatian authorities in border management operations supported by EU funds1a; _________________ 1a https://www.ombudsman.europa.eu/en/ne ws-document/en/152823
Amendment 3 #
Draft legislative resolution Citation 7 a (new) Amendment 30 #
Draft legislative resolution Recital C n (new) Cn. whereas according to NGOs, at least 9,114 people were pushed back from Croatia last year, and more than 16,400 pushbacks took place in 2020;
Amendment 31 #
Draft legislative resolution Recital C o (new) Co. whereas in September 2022 estimated 236 persons reporting pushback cases and the preliminary numbers show 52 people experiencing violent pushbacks which is 22% of the total number of cases as reported by the Danish Refugee Council;
Amendment 32 #
Draft legislative resolution Recital C p (new) Cp. whereas an increasing number of people are being given expulsion papers; whereas this means that they are given seven days to leave the EEA, on the ground of not being an asylum seeker while they have not been given a chance to ask for asylum;
Amendment 33 #
Draft legislative resolution Recital D a (new) Da. whereas systematic and severe violations of fundamental rights perpetrated by Croatian authorities at the country’s external borders have been widely reported by international organisations, civil society organisations and media outlets;
Amendment 34 #
Draft legislative resolution Recital D a (new) Da. whereas there remain strong concerns regarding the fundamental rights situation at the external borders of Croatia; whereas there have been numerous well-documented reports and allegations of systematic pushbacks and violence towards migrants crossing into Croatia; whereas these practices are still ongoing;
Amendment 35 #
Draft legislative resolution Recital D b (new) Db. whereas the European Court of Human Rights, in case M.H. and others v. Croatia, found Croatia in violation of the Convention following the death of six- year-old Afghan Madina Hussiny;
Amendment 36 #
Draft legislative resolution Recital D b (new) Db. whereas a border monitoring mechanism was set up in Croatia in July 2021 in response to these reports and allegations, whose mandate has recently ended after twelve months; whereas there have been serious doubts expressed about the financial and operational independence of the mechanism as well as its effectiveness, as it did not trigger any serious investigations into the complaints filed; whereas its mandate was widely considered to be too limited in scope;
Amendment 37 #
Draft legislative resolution Recital D c (new) Dc. whereas the establishment of an independent monitoring mechanism at the external borders was an integral part of the conditions set by the Commission to Croatia for receiving emergency assistance under the Internal Security Fund - Borders and Visa; whereas actions funded under the instrument shall be implemented in full compliance with fundamental rights and respect for human dignity;
Amendment 38 #
Draft legislative resolution Recital D c (new) Dc. whereas the European Commission proposed to set up a fundamental rights monitoring mechanism in its New Pact for Migration and Asylum, which should be extended to all asylum and return procedures as well as to border surveillance and border crossings; whereas this mechanism should provide for a continuous monitoring and possible investigation of the situation at the external borders of Croatia;
Amendment 39 #
Draft legislative resolution Recital D d (new) Dd. whereas the full compliance with fundamental rights is a horizontal obligation stemming from, inter alia, Regulation (EU) 2016/399 (Schengen Borders Code) and Regulation (EU) 2019/1896 (European Border and Coast Guard Regulation);
Amendment 4 #
Draft legislative resolution Citation 7 a (new) – having regard to the judgment of 18 November 2021 of the European Court of Human Rights in case M.H. and others v. Croatia (Applications nos. 15670/18 and 43115/18),
Amendment 40 #
Draft legislative resolution Recital D d (new) Dd. whereas the European Parliament shall remain informed about the progress of the fundamental rights situation at the external borders of Croatia, in form of an annual reporting back to the Parliament by the Croatian Ministry of the Interior and the European Commission;
Amendment 41 #
Draft legislative resolution Paragraph 1 1. Approves the Council draft
Amendment 42 #
Draft legislative resolution Paragraph 1 a (new) 1a. Recalls Croatia of its obligations and commitments under the Schengen acquis, including the full compliance with fundamental rights;
Amendment 43 #
Draft legislative resolution Paragraph 1 b (new) 1b. Calls on Croatia to strengthen the mandate, independence and transparency of the ‘independent mechanism of monitoring the actions of police officers of the Ministry of the Interior in the area of illegal migration and international protection’, in line with the standards of the Council of Europe; calls, furthermore, on Croatia to ensure that the independent monitoring mechanism shall be able to have unhindered access to the entire border area, including the green borders, to receive and act upon information available in the public domain and/or information from international organisations, non-governmental organisations, journalists, EU agencies and institutions and affected individuals, and designed in a way to ensure direct accessibility for victims of violations, also for those in third countries; finally, calls on Croatian authorities to promptly and effectively follow-up all reported violations;
Amendment 44 #
Draft legislative resolution Paragraph 1 c (new) 1c. Calls on the Commission, in line with the suggestions made by the European Ombudsman, to provide clear and up-to-date public information on the functioning of the monitoring mechanism in Croatia, to oversee the mechanism and monitor whether it is indeed independent and that it is effective in ensuring compliance with fundamental rights and EU law, and to demand concrete and verifiable information from the Croatian authorities on the steps taken to investigate reports of collective expulsions and mistreatment of migrants and asylum seekers;
Amendment 45 #
Draft legislative resolution Paragraph 1 d (new) 1d. Call on the Council to adopt its decision on the full application of the provisions of the Schengen acquis in the Republic of Croatia exclusively after the conditions set in paragraphs 1a, 1b and 1c above are fully met;
Amendment 46 #
Draft legislative resolution Paragraph 2 a (new) 2a. Reiterates that Member States have an obligation to prevent unauthorised border crossings and recalls that this obligation is without prejudice to the rights of persons seeking international protection; calls on the Commission and Croatia to promote and carry out effective, independent and prompt investigations into any allegations of pushbacks and ill-treatment at the borders and to ensure that deficiencies are immediately remedied;
Amendment 47 #
Draft legislative resolution Paragraph 2 b (new) 2b. Signals its willingness to approve Croatia’s accession to the Schengen area when the following conditions are met: (a) the establishment of a genuinely independent and effective human rights monitoring mechanism at Croatia’s external border, which fulfils the minimum standards set out in the UNHCR and OCHR’s recent joint guidance on the establishment of an independent and effective national border monitoring mechanism in Greece (b) thorough, meaningful, and effective investigation of all allegations of wrongdoing by Croatian border guards at Croatia’s external border, and full accountability for same; (c) the cessation of pushbacks and violence at Croatia’s external border;
Amendment 48 #
Proposal for a decision Recital 4 (4) On 22 October 2019, the European Commission published a Communication on the verification of the full application of the Schengen acquis by Croatia5, concluding that ‘the Commission considers that Croatia has taken the measures needed to ensure that the necessary conditions for the application of all relevant parts of the Schengen acquis are met. Croatia will need to continue working consistently on the implementation of all the ongoing actions, in particular in the field of management of the external borders, to ensure that these conditions continue to be met. The Commission also confirms that Croatia continues to fulfil the commitments linked to the Schengen acquis as undertaken in its accession negotiations’. Croatia should inform the European Parliament and the Council in writing within six-months of the date of entry into force of this Decision on the follow up to the action plan in the field of the management of external borders and the implementation of any ongoing actions related thereto; __________________ 5 COM (2019) 497 final of 22.10.2019
Amendment 49 #
Proposal for a decision Recital 4 a (new) (4a) In accordance with Article 13 of Council Regulation (EU) 2022/922, the Commission should, in its upcoming annual evaluation programme, include as a priority, either a periodic evaluation of Croatia’s application of the Schengen acquis in the field of management of the external borders, or a thematic evaluation on the respect for fundamental rights at Union external borders that should include a a visit to Croatia. In either case, such an evaluation should assess the compliance of border management operations with fundamental rights requirements under Union and international law. The Commission should make appropriate recommendations for actions aimed at addressing any identified deficiencies;
Amendment 5 #
Draft legislative resolution Citation 7 b (new) – having regard to the report by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on its ad hoc visit to Croatia from 10 to 14 August 20201a, _________________ 1a https://www.coe.int/en/web/cpt/- /council-of-europe-anti-torture- committee-publishes-report-on-its-2020- ad-hoc-visit-to-croatia
Amendment 50 #
Proposal for a decision Recital 5 (5) On 9 December 2021, the Council concluded that the conditions for the application of all parts of the relevant acquis had been fulfilled by Croatia6
Amendment 6 #
Draft legislative resolution Citation 7 b (new) – having regard to the report of 3 December 2021 to the Croatian Government on the visit to Croatia carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT),
Amendment 7 #
Draft legislative resolution Citation 7 c (new) – having regard to the statement of the Council of Europe Commissioner for Human Rights of 21 October 2020, calling on the Croatian authorities to stop pushbacks and border violence and eradicate impunity for serious human rights violations committed against migrants by law enforcement officers1a, _________________ 1a https://www.coe.int/en/web/commissioner/ -/croatian-authorities-must-stop- pushbacks-and-border-violence-and-end- impunity
Amendment 8 #
Draft legislative resolution Citation 7 c (new) – having regard to the Decision of the European Ombudsman of 22 February 2022 in case 1598/2020/VS concerning how the European Commission monitors and ensures respect for fundamental rights by the Croatian authorities in the context of border management operations supported by EU funds,
Amendment 9 #
Draft legislative resolution Citation 7 d (new) – having regard to the European Court of Human Rights judgment of 18 November 2021 in the case M.H. and Others v. Croatia - 15670/18 and 43115/181a, _________________ 1a https://hudoc.echr.coe.int/fre#%7B%22dis play%22:[2],%22tabview%22:[%22docum ent%22],%22itemid%22:[%22002- 13480%22]%7D
source: 737.265
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