EUU, Alm.del - 2017-18 - Bilag 360: Rådets evaluerings- og overvågningsrapport om Danmarks implementering af Schengenreglerne på området vedr. grænsekontrol

Europaudvalget 2017-18
EUU Alm.del Bilag 360
Offentligt

Council of the

European Union

Brussels, 6 February 2018

(OR. en)

5867/18

Interinstitutional File:

2017/0313 (NLE)

PARLNAT 28

NOTE

From:

To:

Subject:

General Secretariat of the Council

National Parliaments

Council implementing decision setting out a recommendation on

addressing the deficiencies identified in the 2017 evaluation of Denmark on

the application of the Schengen acquis in the field of management of the

external border

In accordance with Article 15(3) of Council Regulation 1053/2013 of 7 October 2013, establishing

an evaluation and monitoring mechanism to verify the application of the Schengen acquis and

repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing

Committee on the evaluation and implementation of Schengen, the Council hereby transmits to

national Parliaments the Council implementing decision setting out a recommendation on

addressing the deficiencies identified in the 2017 evaluation of Denmark on the application of the

Schengen acquis in the field of management of the external border

Available in all official languages of the European Union on the Council public register,

doc.

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ANNEX

Council Implementing Decision setting out a

RECOMMENDATION

on addressing the deficiencies identified in the 2017 evaluation of Denmark on the application

of the Schengen acquis in the field of management of the external border

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an

evaluation and monitoring mechanism to verify the application of the Schengen acquis and

repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing

Committee on the evaluation and implementation of Schengen

, and in particular Article 15 thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

The purpose of this decision setting out a recommendation is to recommend to Denmark

remedial actions to address deficiencies identified during the Schengen evaluation in the

field of management of the external border carried out in 2017. Following the evaluation, a

report covering the findings and assessments, listing best practices and deficiencies

identified during the evaluation was adopted by Commission Implementing Decision

C(2017)5130.

OJ L 295, 6.11.2013, p. 27.

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(2)

The Danish National Police has possibilities to remotely connect equipment for document

examination to e.g. the document expertise centre at Copenhagen airport, or to the second

line officer, and provide the same view of the document as the first line officer has. Sharing

this information can speed up the process, provide specialist document expertise or prevent

unnecessary second line checks.

(3)

In light of the importance to comply with the Schengen acquis, in particular the checking

procedures of person on entry, priority should be given to implement recommendations 2,

18, 19, 20, 31, 32, 35 and 64 below.

(4)

This decision setting out a recommendation should be transmitted to the European

Parliament and to the parliaments of the Member States. Within three months of its

adoption, the evaluated Member State shall, pursuant to Article 16 (1) of Regulation (EU)

No 1053/2013, establish an action plan listing all recommendations to remedy any

deficiencies identified in the evaluation report and provide this to the Commission and the

Council,

HEREBY RECOMMENDS:

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that Denmark should

Integrated Border Management (IBM)

Integrated Border Management Concept

further develop the national strategy on border management to make it fully in line with

the EU IBM concept; the developed IBM strategy should be based on the relevant articles

of the European Border and Coast Guard (EBCG) Regulation (EU) 2016/1624 and it

should be in line with the EU's technical and operational IBM strategy to be prepared by

Frontex in close cooperation with the Commission and other stakeholders by the end of

2017; the strategy should cover all relevant authorities and it should be supported by a

multiannual action plan including responsible authorities, clear timetables and needed

financial and human resources; the strategy should be connected to the National

Programme for ISF-Borders and Visa;

Sea border surveillance

make better use of the existing legal basis and cooperation structures to develop a more

integrated approach to border management by combining border checks and border

surveillance in a more coherent way;

develop a comprehensive and integrated national situational picture in line with the

Schengen requirements covering all external borders and all relevant border authorities and

take the Schengen requirements better into account when planning and implementing sea

border surveillance by the Navy on behalf of the Danish National Police (DNP); connect

these tasks to the national IBM strategy development process;

Interagency cooperation

ensure that the DNP and Customs formalise further their cooperation; a Memorandum of

Understanding or another kind of written agreement and a long/mid-long term action plan

should be drawn up to create a more solid structure for information sharing, joint analysis

and joint operations; this should be done as a part of the IBM strategy process;

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formalise the cooperation between the DNP and customs at the regional level by making

written agreements on practical cooperation at the regional level; it is also recommended to

make use of Commission Guidelines on cooperation between Customs and Border guards

when developing cooperation;

Risk analysis

further develop a national risk analysis system fully in line with the Common Integrate

Risk Analysis Model (CIRAM) 2.0 and cover also sea borders by risk analysis;

use CIRAM based risk analysis to guide the sea border surveillance conducted by the

Navy; for this purpose and for the exchange of related information on the maritime border

situation picture, the DNP should develop a framework for cooperation in the field of risk

analysis with the Navy (and the port authorities in the context of small vessels without

automatic identification system transponders);

prepare risk analysis in cooperation with the Danish Customs and Tax Administration and

share the results between the two organisations;

consider including findings of neighbouring countries and regional organisations into the

risk analysis and share the findings with the risk analysis functions of the police districts;

this is especially the case in Copenhagen port, which is administratively and operationally

closely connected to Malmö port; risk analysis for these ports should be better coordinated

between the Danish police district of Copenhagen and the Swedish counterparts to create

more holistic situational image of possible changes in border situation in neighbouring

ports;

10.

develop more concrete risk analysis products related to sea border traffic and carry out

operational checks of ships and crew members when this is justified on the basis of a

formal risk assessment and profiling conducted through the risk analysis system

established by the DNP;

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11.

include a training of risk analysis in the national multi-annual training programme and

make full use of risk analysis trainings at European level (Frontex trainings);

12.

ensure that sufficient and valid data is available for risk analysis including a system to

support efficient data search and analysis against multiple criteria;

Human Resources and Training

13.

further develop a national training system and relevant training programmes on border

control to guarantee that all staff involved in border checks (and for core Navy staff

involved in sea border surveillance) has received the necessary training and has the

necessary skills to conduct border control in line with the Schengen acquis;

14.

analyse to which extent the national common core curriculum is in line with the EU

common core curriculum; it is recommended to make full use of Frontex' Interoperability

Assessment instrument on a regular basis;

15.

ensure that all police officers performing border checks attend the courses and establish a

training programme with regular training hours for officers during working time with

updated information about the latest trends of documents fraud, modus operandi of

irregular migrants and risk analysis, to maintain the required level of border management

skills;

16.

further develop the national Schengen evaluation mechanism (national quality control) to

cover all IBM related functions (sea border surveillance and return) and participating

organisations; due to the specific situation of the Faroe Islands and Greenland it is also

important that the national quality control mechanism on border control and return covers

also these islands;

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Recommendations on individual sites visited

Horizontal issues

17.

develop a unified and reliable system to collect the necessary statistical information on

border crossing traffic to be used for risk analysis and planning of work; the Navy should

be involved in this system;

18.

ensure a second line functionality in line with the Schengen requirements to all border

crossing points;

19.

increase the number of operational (random) face to face checks for sea traffic passengers

and crew members crossing external borders to raise the probability of detection of

irregular migrants/wanted persons or false documents and to create a more reliable

situational picture;

20.

check pleasure boats in accordance with Article 8 and Annex VI of the Schengen Borders

Code;

21.

ensure that the form for informing third country nationals, who are subject to a thorough

second line check on the purpose and procedures for second line check is available in all

the official languages of the European Union in accordance with Article 8(5) of the

Schengen Border Code (Regulation (EU) 2016/399);

Sea border

BCP Port of Aarhus

22.

provide proper training on detection of forged documents for officials issuing visas or

Transfer Permits;

23.

ensure the practical implementation of Article 11 (4) and Annex IV 4 (b) of the Schengen

Borders Code by assigning stamps to border guards at any given time;

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24.

ensure that the administrative checks for all persons on the passenger and crew lists

arriving at Danish ports are performed prior to the arrival of the ships in accordance with

Annex VI, paragraph 3.1 and Annex VII, paragraph 3 of the Schengen Borders Code;

BCP Port of Copenhagen

25.

ensure that the seaman’s travel documents details will be transmitted in advance in order to

be administratively or physically checked, and ensure that if the ship is planned to be

checked it can be done before the seafarers go ashore;

26.

identify and solve the technical problem or ensure that a border check could be done in

advance also for exit checks in line with Article 8 of the Schengen Borders Code;

Air border

General

27.

ensure that the implementation of the national advance passenger information (API)

project continues and the data exchange is extended to all non-Schengen in- and outbound

flights and to all airports in Denmark. The national API office should be staffed with an

appropriate number of dedicated analysts;

28.

ensure that relevant risk profiles are developed, updated and communicated at local level to

all officers involved in border checks in written format using an effective distribution

channel (e.g. the police intranet network POLNET);

29.

ensure that risk analysts at the local level receive tailored training on border management

related risk analysis and enhance their knowledge on the analytical framework developed

by Frontex (CIRAM 2.0); and ensure that sufficient staff, including during weekends and

holiday periods, are assigned to ensure the sustainable functioning of risk analysis;

30.

improve the connectivity of the IT-systems, e.g. iFado (Intranet False and Authentic

Documents Online) and improve the machine readable zone (MRZ) readers at Copenhagen

Airport;

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31.

ensure that all first line officers at the air borders are familiar with the different border

checks procedures in the first line and perform border checks on EU citizens according to

the Article 8 (2) of the Schengen Borders Code;

32.

ensure that all entry conditions on third country nationals are verified in accordance with

Article 8 (3) of the Schengen Borders Code;

33.

adapt the relevant legal provisions and increase the amount of the applicable financial

penalties to carriers in order to bring it in line with Article 4 (1) of Directive 2001/51 EC;

34.

ensure more use of the available equipment, if relevant, for the detection of forged

documents;

BCP Copenhagen Airport

35.

continue the ongoing recruitment of staff to ensure the availability to perform first and

second line checks without straining the workload for the present police staff at the airport;

specific border management tasks should be given priority over the police task relating to

public order which will enable a higher level of quality, consistency and resources;

36.

37.

increase the number of training days for the first and second line officers;

increase the capacity of the Copenhagen Airport risk analysis team to ensure that risk

analysis is conducted in line with CIRAM 2.0 in a more demanding operational

environment and make use of available Frontex tools;

38.

ensure that the risk analysts at Copenhagen Airport develop effective and formal

cooperation with the analytical units of national partner services (e.g. customs) on local

level;

39.

instruct the officers in the first line to pay attention to all minors, also those travelling

accompanied and to verify if the persons accompanying minors have the parental care over

them;

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40.

improve the knowledge of border guards related to the meaning of the letters

corresponding to the reason for refusal of entry (Annex V Part B of the Schengen Borders

Code);

41.

increase the knowledge of staff dealing with visa issuance, in particular regarding the

rights of family members of EU nationals;

42.

ensure proper communication between officers in the first line and passengers at the arrival

on the second floor;

BCP Billund Airport

43.

increase the number of staff and build on the experience already gained by them to step up

the support in peak periods;

44.

provide sufficient and more structured training to staff, in particular on the entry and exit

procedures; topics for training should include the use of available equipment, detection of

false and forged documents, interviewing, profiling, second line of control, and issuance of

visa;

45.

46.

improve the communication between the officers and the passengers in the first line;

make full use of the second line facilities available in the close vicinity of the first line of

control;

47.

ensure that the glass doors towards the departure gates at the both sides of the departure

hall are always closed and enable all police officers to open these doors in case of need and

before starting border checks;

48.

ensure that first-line officers at Billund Airport are aware of the content of relevant risk

analysis products (including risk profiles);

49.

ensure that the UV light box is positioned in a way allowing checking the document while

being seated;

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BCP Aarhus Airport

50.

ensure that all officers deployed to perform border checks are sufficiently trained in order

to ensure sufficient level of knowledge;

51.

take appropriate measures (insulation, heating/cooling) to guarantee a reasonable comfort

of passengers queuing for border control;

52.

perform a technical inspection of the Visa Information System (VIS) verification system to

identify the source of this vulnerability and ensure that the biometric features can properly

be verified;

53.

ensure proper guiding and signal posting to channel the passenger flow to the border

control area and take the necessary measures to prevent unauthorised persons entering and

leaving the reserved areas (Annex VI, 2.1.3 of the Schengen Borders Code);

BCP Aalborg Airport

54.

provide regular and tailor made refreshment training for all staff and in particular for the

officers not performing border checks in the winter months, to ensure sufficient border

check quality;

55.

56.

ensure that the booth at departure and the second line are equipped;

ensure secure distribution of the stamps in accordance with recommendation 51 of the

Schengen Catalogue to maintain the adequate level of security;

57.

ensure that the border guards are able to find all relevant legislation, risk analysis products

and other relevant documents at their disposal;

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Border surveillance and situational awareness

National Coordination Centre (NCC)

58.

develop the Danish NCC fully in line with Article 5 of the EUROSUR Regulation (EU)

1052/2013;

59.

create a National Situational Picture in line with Article 8 of the EUROSUR Regulation

including:

the events layer, showing incidents detected by the Police, Customs, Navy and other

relevant authorities and suspicious vessels etc.

•

the operational layer, showing the real-time positions of patrols and assets of the

Navy (when conducting actions of border surveillance), the Home Guard and

other relevant authorities on a law enforcement mission;

•

the analysis layer, merging risk analysis coming from the different national

authorities collected and analysed at tactical, operational and strategic level;

Sea border surveillance

60.

further develop intervention capability of the Armed Forces and their operational units

when conducting border surveillance tasks on behalf of the DNP, taking border related risk

analysis, cross border crime situation and illegal immigration into account;

61.

improve the practical cooperation based on the existing legal basis between the DNP and

the Navy in order to develop more systematic sea border surveillance in accordance with

the Schengen Borders Code;

62.

develop a training for key personnel conducting border surveillance on mobile units,

operations and surveillance centres in accordance with the relevant parts of the common

core curriculum;

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63.

further develop the capacity of sea border surveillance system to detect and identify targets

coming into territorial waters in all weather conditions by enhancing night vision capacity

and radar coverage or by using of offshore elements;

64.

implement sea border surveillance in line with Article 13 of the Schengen Borders Code by

ensuring that unauthorised border crossings can always be detected; this could be done e.g.

by focusing more on small unidentified targets in territorial waters and by taking into

account risk analysis related to sea borders when planning sea border surveillance.

Done at Brussels,

For the Council

The President

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