Artikelen bij COM(2025)541 - Union support for the Schengen area, for European integrated border management and for the common policy on visas for the period from 2028 to 2034

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Article 1 - Subject matter

This Regulation lays down the objectives and financing of the Union support for European integrated border management and for European visa policy for the period from 1 January 2028 to 31 December 2034. The Union support shall contribute to the functioning of the Schengen area, to the efficient management of external borders and to the efficiency of the visa policy, including by providing support for the implementation, strengthening and development of the relevant elements of the Pact on Migration and Asylum, and to a high level of internal security within the Union, preserving the absence of any controls on persons when crossing internal borders.

This Union support shall be provided under the horizontal rules of the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security established by Regulation (EU) […].

Article 2 - Definitions

For the purposes of this Regulation, the following definitions apply:

(1) ‘border crossing point’ means border crossing point as defined in Article 2, point (8) of Regulation (EU) 2016/399 22 ;

(2) ‘European integrated border management’ means European integrated border management as referred to in Article 3 of Regulation (EU) 2019/1896 23 ;

(3) ‘external borders’ means external borders as defined in Article 2, point 2 of Regulation (EU) 2016/399 24 and internal borders at which controls have not yet been lifted;

(4) ‘external border section’ means external border section as defined in Article 2, point (11) of Regulation (EU) 2019/1896 25 ;

(5) ‘internal borders at which controls have not yet been lifted’ means:

(a)the common border between a Member State fully implementing the Schengen acquis and a Member State bound to apply the Schengen acquis in full, in conformity with its Act of Accession, but for which the relevant Council Decision authorising it to fully apply that acquis has not yet entered into force;

(b)the common border between two Member States bound to apply the Schengen acquis in full, in conformity with their respective Acts of Accession, but for which the relevant Council Decision authorising them to fully apply that acquis has not yet entered into force.

(6) ‘benefitting Member State’ means a benefitting Member State as defined in Article 2, point (19) of Regulation (EU) 2024/1351;

(7) ‘contributing Member State’ means a contributing Member State as defined in Article 2, point (20) of Regulation (EU) 2024/1351;

(8) ‘financial contributions’ means financial contributions in accordance with Article 56(2), point (b) of Regulation (EU) 2024/1351.

Article 3 - Objectives for the Union support for the Schengen area, for European integrated border management at the external borders and for the common policy on visas

1. To ensure strong and effective European integrated border management at the external borders, a well-functioning Schengen area and an efficient visa policy, the Union support shall contribute to each of the following objectives:

(a)supporting the effective implementation, application and development of the Schengen framework and strengthening the governance, integrity and security of the Schengen area without internal borders;

(b)supporting effective European integrated border management at the external borders, implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and the national authorities responsible for border management, including through innovative methods and new technologies, to facilitate legitimate border crossings, to prevent and detect illegal immigration, cross-border crime, and instrumentalisation and weaponisation of irregular migration, to contribute to effective return;

(c)supporting the common visa policy to ensure a harmonised approach with regard to the timely issuance of visas and to facilitate legitimate travel, while preventing migratory and security risks and contributing to the security and a well-functioning of the Schengen area.

The Union support shall be implemented in a manner fully consistent with the objectives set out in Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security.

2. The Union support shall be implemented in accordance with the relevant Union acquis and the international obligations of the Union and the Member States arising from the international instruments to which they are party.

3. The Member States shall ensure that the priorities of their National and Regional Partnership Plans include actions to achieve each of the objectives of the Union support under this Regulation, and, that the allocation of resources between objectives is proportionate to the identified challenges and needs.

Article 4 - Financing

1. The indicative financial envelope for the implementation of the objectives set out in Article 3 for the period from 2028 to 2034 is set at EUR 15 396 750 000 in current prices. It shall be implemented in compliance with the horizontal rules for the National and Regional Partnership Plans laid down in Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security.

2. The Commission shall adopt an implementing act to establish the amount per Member State by applying the allocation methodology set out in Section B, Annex I of Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security.

3. In addition, the budgetary appropriations for the objectives set out in Article 3 of this Regulation, implemented through the EU Facility under Title IV of Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security, shall be established in the framework of the annual budgetary procedure provided for in Article 314 TFEU.

4. For  measures that relate to the objectives set out in Article 3 of this Regulation, where the Commission concludes that those measures comply with the requirements laid down in this Regulation and Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security, and where the Commission proposes a Council implementing decision approving the National and Regional Partnership Plan of the concerned Member State in accordance with the procedure set out in Article 23 of Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security, it shall make a proposal for a Council implementing decision on the approval of those measures.

5. When making a proposal for a Council implementing decision on the measures that relate to the objectives set out in Article 3 of this Regulation, the Commission proposal shall lay down the elements referred to in Article 23(4) of the Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security, with regard to the objectives set out in Article 3.

6. The Council shall adopt the implementing decision referred to in paragraph 4, as a rule, within four weeks of the adoption of the Commission proposal and together with the implementing decisions referred to in Article 23, paragraph (1) [Commission proposal and Council implementing decision] of Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security.

7. Article 24 of the Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security on the amendment of Plans shall apply, provided that the Commission proposal and the Council Implementing Decision approving amendments of the elements listed in Article 23(4) only cover the objectives referred to in Article 3 of this Regulation.

Article 5 - Schengen Associated Countries

In accordance with the relevant provisions of their respective association agreements, arrangements shall be made in order to specify the nature and modes of the participation in the Union support of countries associated with the implementation, application and development of the Schengen acquis. As soon as possible after the country concerned has notified its decision to accept the content of the Union support and to implement it in its internal legal order, in accordance with the relevant association agreement, the Commission shall submit a recommendation to the Council for the opening of negotiations on those arrangements under Article 218(3) TFEU. On receipt of the recommendation, the Council shall act without delay in deciding to authorise the opening of those negotiations. The financial contributions from those countries shall be added to the overall resources available from the financial envelope referred to in Article 4.

Article 6 - Support for the Special Transit Scheme

1. An amount of up to EUR 450 000 000 shall be allocated to Lithuania’s National and Regional Partnership Plan pursuant to Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security to provide support for foregone income from processing short-stay visas and additional costs in implementing the Facilitated Transit Document (FTD) and the Facilitated Rail Transit Document (FRTD) scheme in accordance with Council Regulation (EC) No 693/2003 and Regulation (EC) No 694/2003 amended by Regulation (EU) 2023/2667 of the European Parliament and of the Council.

2. For the purpose of paragraph 1, the support from the Union for the foregone income shall be based on the issuance of FTDs and FRTDs. The ceiling for the support shall be set at EUR 100 000 000.

3. For the purpose of paragraph 1, the support from the Union shall cover the additional estimated costs resulting directly from the specific requirements of implementing the operation of the Special Transit Scheme and which are not generated as a result of the issuing of visas under Regulation (EC) 810/2009 of the European Parliament and of the Council ( 26 ).

The maximum contribution of the Union budget shall be 100% of the total estimated costs. The ceiling for this support shall be set at EUR 350 000 000.

The additional estimated costs shall cover in particular:

(a)investment in infrastructures, means of transport, ICT systems and equipment necessary for the operation of the Special Transit Scheme;

(b)training of staff implementing the Special Transit Scheme;

(c)additional operational costs, including staff costs for the implementation of the Special Transit Scheme.

4. The Commission and Lithuania shall review the application of this Article in the event of unforeseen circumstances which have an impact on the existence or functioning of the Special Transit Scheme.

5. The amounts referred to in paragraphs 2 and 3 shall be allocated to Lithuania’s National and Regional Partnership Plan. Those amounts shall not be used for other measures in the Plan except in duly justified circumstances, as approved by the Commission through the amendment of that Plan pursuant to Article 24 of Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security.

Following a reasoned request by Lithuania, the amount referred to in paragraph 3 may be reviewed and, where necessary, adjusted before the adoption of the last work programme pursuant to Article 31 of Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security. Any additional amounts will be allocated to Lithuania’s National and Regional Partnership Plan in accordance with Article 31(7) of Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security.

Article 7 - Resources for operating costs of the European Travel Information and Authorisation System (ETIAS)

1. Each Member State shall set up an effective and reliable system ensuring that the operating costs incurred by that Member State under Article 85(2) and 85(3) of Regulation (EU) 2018/1240 are adequately identified and recorded. By 31 January of each year, and for the first time by 31 January 2029, Member States shall communicate to the Commission the total operating costs incurred for the previous year.

2. On the basis of the information communicated by the Member States in accordance with paragraph 1, the Commission shall establish the amount of revenues generated by ETIAS fees to be assigned in accordance with Article 86, second sentence of Regulation (EU) 2018/1240 for covering operating costs incurred by Member States. The Commission shall make available to each Member State their respective share of this amount.

3. Where the amount of total operating costs communicated by the Member States under paragraph 1 exceeds the available ETIAS revenue, or, where the amount of expenses incurred to customise and automate border checks in order to implement ETIAS exceeds the limits set out in 85(3) of Regulation (EU) 2018/1240, the Commission shall calculate a pro rata reduction of these amounts.

4. Where the amount of total operating costs in a given year exceeds the available ETIAS revenue, the Commission shall subsequently make available to the Member States the amount corresponding to the pro rata reduction of their total operating costs from revenues generated by ETIAS fees.

Article 8 - Financial contributions for the Annual Solidarity Pool

The Commission shall calculate and make available to each benefitting Member State the respective share of the financial contributions transferred by the contributing Member States in accordance with Article 64(1) of Regulation EU 2024/1351 for the purpose of implementing the actions set out in Article 56(2)(b) of Regulation (EU) 2024/1351.

Article 9 - Transitional provisions

This Regulation shall not affect the continuation or modification of the actions initiated under Regulation (EU) 2021/1148, which shall continue to apply to the actions concerned until their closure.

Article 10 - Entry into force and application

This Regulation shall enter into force on the [twentieth] day following that of its publication in the Official Journal of the European Union.

It shall apply from the date of application of Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security for the period 2028-2034.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.