Toelichting 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 - Hoofdinhoud
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| dossier | COM(2025)541 - Union support for the Schengen area, for European integrated border management and for the common policy on visas for the ... |
|---|---|
| bron | COM(2025)541  |
| datum | 16-07-2025 |
1. CONTEXT OF THE PROPOSAL
• Reasons and objectives
The Commission Political Guidelines 2024-2029 emphasise the need to ensure a complete and fully functioning Schengen area without control at internal borders through more secure external borders, prioritising security, migration management and efficiency. European Integrated Border Management lies at the centre of these efforts, ensuring consistency between interconnected policy areas, including borders, returns and surveillance, as well as between Frontex and responsible national authorities to manage the EU external borders. In terms of implementation, the Schengen governance framework, supported by the Schengen evaluations, provides political and strategic steer to the development of the Schengen area, ensuring that key initiatives, such as the interoperability of IT systems, and the relevant rules are implemented and that systematic deficits are identified and remedied. This should foster a strong sense of shared responsibility and mutual trust among the Member States and Schengen Associated Countries.
Europe’s geopolitical context has significantly changed, profoundly affecting the Union’s external border management. The rise of hybrid and other security threats including the weaponisation of migration give additional urgency to protect the external border. Meanwhile, irregular migration continues to be a major factor, highlighting the need to ensure effective cooperation with non-EU countries combined with comprehensive partnerships with countries of origin and transit supported through Regulation (EU) […] [Global Europe]. Migrant smuggling is a profitable business for criminal networks with smugglers using land, sea and air routes to facilitate irregular migration both into and within the European Union. It is increasingly associated with serious human rights violations and deaths, in particular when it occurs by sea. The loss of migrants' lives at the hands of smugglers in the Mediterranean Sea stresses the acute need to tackle migrant smuggling, using all the legal, operational, and administrative levers available.
Member States need to be able to rapidly and effectively respond to developments and receive Union support for that purpose.
It is essential to ensure the development and secure operation and maintenance of large-scale IT systems pursuant to Union law in the area of border management, namely the Schengen Information System (SIS), the Visa Information System (VIS), Eurodac, the Entry/Exit System (EES) and the European Travel Information and Authorisation System (EITAS), including their interoperability, and the communication infrastructure. The instrument should also contribute to actions to enhance data quality and the provision of information.
Union support should also be available to Member States to establish the necessary expertise and operational capacity to implement the relevant elements of the Pact on Asylum and Migration, namely the Regulation (EU) 2024/1356 1 (‘Screening’ Regulation) which contributes to efficient border management.
Both EU citizens and non-EU citizens are subject to systematic checks when crossing the EU's external borders. With almost 600 million crossings recorded in 2023 only, and the number of crossings expected to continue to rise in the coming years, there is a clear need to have checks carried out swiftly and efficiently, with the help of IT systems while at the same time maintaining a high level of security, ensuring that each and every traveller is checked.
Member States should work in tight cooperation with the relevant EU agencies, including Frontex and eu-LISA, which should provide the necessary technical expertise and technological means for surveillance and situational awareness. In broader terms, relevant Union bodies, offices and agencies should be involved by the Commission in relevant activities aiming to ensure that the measures supported by the Union comply with the relevant Union acquis and agreed Union priorities.
A strong EU Visa Policy is also key to better secure borders and manage migration. Union support should particularly help Member States improve the efficiency of visa processing and prevent abuse of the Union’s visa regime. Union support is needed as regards the digitalisation of visa processing, as well improving as the coverage of consular services across the world and the service to applicants.
The proposal aims to address the need for greater flexibility in the management of the Union support, including a stronger performance orientation, as well as enhanced simplification for all actors involved in its implementation. For this, tight complementarity is enforced with the proposal for a Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security, introducing new mechanisms for the allocation of funding for shared, direct and indirect management. As challenges in the area of border management and migration are constantly evolving, there is also a need to respond to pressing needs and changes in policy and Union priorities, address the deficiencies identified through Schengen evaluations and the Frontex vulnerability assessment and to steer funding towards actions with a high level of Union added value, in particular through an EU Facility offering flexibility in the management of the Union support.
The present proposal, together with the proposal for a Regulation establishing the Union support for Asylum, Migration and Integration and the proposal for a Regulation establishing the Union Support for internal security, provide the specific legal framework for the Union action in the areas of European integrated border management at the external borders, well-functioning Schengen area and European visa policy, efficient management of migration flows and internal security, These three Regulations complement each other and contribute to the objectives of and complement the Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security, through which they will be implemented.
The proposed Regulation builds on the Regulation (EU) 2021/1148 2 while taking into account new policy developments and the need to provide an agile response to evolving challenges concerning European integrated border management, including the well-functioning of the Schengen area, and the EU visa policy.
• Consistency with existing policy provisions
The Union support for the European integrated border management and the European visa policy will work in strict complementarity with the other policies under the scope of the National and Regional Partnership Plans, thus fostering synergies between these policies. Equally, synergies and complementarities must be sought in particular with the Schengen acquis, and the legislative package underpinning the Pact on Migration and Asylum, entered into force on 11 June 2024. However, an intensified EU policy on the European integrated border management and the EU visa policy needs action across the full spectrum of the tools at its disposal, including activities of relevant Union decentralised agencies.
The six Home Affairs decentralised Agencies (Frontex, Europol, EUAA, eu-LISA, EUDA and Cepol) play an important and increasing role in the implementation of the Home Affairs policies. It is essential to ensure coherence between policy strategies set out at EU level and the operational activities of the decentralised agencies, thereby also maximising the contribution to the EU policy objectives from the EU funding provided to the decentralised agencies. The operational role of the decentralised agencies may require further strengthening, accompanied by corresponding increase of funding.
• Consistency with other Union policies
European integrated border management and visa policy rely on the synergies and coherence with relevant EU policies such as asylum and migration, internal security and the Union external policies supporting third countries, especially under Regulation (EU) […] [Global Europe], which cover a wide range of areas with important links to internal policies, including border management and visa policies. particular, it is important to ensure an increased coherence with the Union’s support for cooperation on border management with partner countries under Global Europe, in view of contributing to a coordinated, holistic and structured approach maximising synergies and applying the necessary leverage. In this context, the support to cross-border cooperation under Global Europe is particularly relevant for enhancing border management and pursuing efforts to prevent irregular migration.
To support the competitiveness agenda, investments based on innovative methods or new technologies, including measures aiming to test and validate the outcome of Union-funded research projects should also be considered.
• Variable geometry
This Regulation constitutes a development of the Schengen acquis. As a consequence, application of the Regulation to Denmark and Ireland is subject to special provisions laid down in Protocol No 19 and Protocol No 22 annexed to the TEU and the TFEU.
In accordance with Articles 1 and 2 of Protocol No 22, the Regulation is not binding or applicable in Denmark. However, pursuant to Article 4 of Protocol 22 Denmark is to decide whether to implement and be bound by measures building upon the Schengen acquis. If it decides to do so, the measure will create an obligation under international law between Denmark and the other Member States.
By virtue of Article 4 of Protocol No 19, Ireland may at any time request to take part in some or all of the provisions of the Schengen acquis. Although Ireland does take part in certain parts of the Schengen acquis, this Regulation does not concern parts of the Schengen acquis in which Ireland participates. As a measure that constitutes the development of the Schengen acquis, the Regulation is to be notified to four countries (Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein), which are not Member States of the Union, but which participate in the Schengen area without controls at internal borders on the basis of association agreements concluded with the Union. Once notified, the four Schengen associated countries will be required to confirm their acceptance of the content of the Regulation and to implement it into their national law. The proposed measures will, as a consequence, also apply to those four countries.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Article 3(2) of the Treaty on European Union provides that ‘the Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime’. The legal basis for this proposal can be found in the measures referred to in Article 77(2) and in Article 79(2)(c) and (d) of the Treaty on the Functioning of the Union (TFEU).
• Subsidiarity (for non-exclusive competence)
The objectives of the proposal cannot be achieved by Member States acting alone, as the challenges are of a cross-border nature, and not limited to single Member States or to a subset of Member States. Union support creates added value by promoting a common approach across Member States when implementing EU acquis and standards and fostering collaboration between Member States on transnational issues.
• Proportionality
The proposal does not go beyond what is necessary to achieve the objectives mentioned under section 1. It falls within the scope for action in the area of freedom, security and justice, as defined in Title V of Part Three TFEU. The objectives and corresponding Union support are proportionate to what the instrument aims to achieve.
• Choice of the instrument
The most appropriate instrument for operating the current proposal is a Regulation of the European Parliament and the Council establishing the Union support for border management for the period from 1 January 2028 to 31 December 2034 and complementing the proposal for Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security.
3. RESULTS OF RETROSPECTIVE EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Retrospective evaluations/fitness checks of existing legislation
The preliminary outcomes of the ongoing ex-post evaluation of the Internal Security Fund - Borders and Visa (ISF-BV) for the 2014-2020 programming period confirm that the ISF-BV was effective in supporting Member States in achieving their objectives in the areas of visa policy and external border management. The introduction of multi-annual programming and national eligibility rules contributed to reducing administrative burden. Where applied, simplified cost options were successful at reducing administrative burden, however, they were not widely adopted. The ISF-BV demonstrated varying degrees of cost-effectiveness and efficiency. The ISF-BV was coherent within its Fund components and other EU Funds, however, coherence with Horizon Europe and between the national programmes and Union Actions could be further reinforced. ISF-BV significantly contributed to EU added value. The ex post evaluation preliminarily concludes that simplifying reporting requirements and administrative procedures, without diminishing the quality and the necessary quantitative information for the monitoring of the implementation, can significantly enhance efficiency. This approach should minimise administrative burden and allows stakeholders to focus on delivering results rather than navigating bureaucratic processes.
The preliminary outcomes of the mid-term evaluation of the Border Management and Visa Instrument (BMVI) for the 2021-2027 programming period confirm that the monitoring and evaluation framework for BMVI has seen significant improvements compared to the 2014-2020 period. Member States and beneficiaries highlighted concerns regarding the administrative burden. Thus far, Managing Authorities have made limited use of simplified cost options and financing not linked to cost, which could reduce administrative burden. The Member State programmes and the Commission work programmes for the Thematic Facility have been coherent with other national and EU funding instruments. However, coherence could have been further reinforced between Union Actions and the Member State programmes, as well as with Horizon Europe to increase the uptake of innovative technological solutions. Finally, the BMVI has fostered cooperation, ensures compliance with EU standards, and enhanced the EU’s collective border management and visa policy framework. Specific actions have been particularly appreciated by stakeholders for their flexibility and provision of ad hoc additional funding for specific priorities. The mid-term evaluation also emphasizes the importance of going further in simplifying the delivery of funding, and explaining better to Managing Authorities how the performance framework can contribute to the efficient management of the programmes, beyond the purely formal reporting that is required by the regulation.
• Stakeholder consultations
The Commission actively engaged with the stakeholders in the process of the initiative, notably through dedicated events and public consultation activities, as detailed in the corresponding chapter of the explanatory memorandum of the proposal for a Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security.
• External expertise
Information about the Commission’s use of external expertise is provided in the corresponding chapter of the explanatory memorandum of the proposal for a Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security.
• Impact assessment
Information about the Commission’s Impact Assessment is provided in the corresponding chapter of the explanatory memorandum of the proposal for a Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security.
• Simplification
The initiative is expected to contribute to a significant reduction of administrative burden and costs, as well as improved efficiency in the implementation of Union support, see also the corresponding chapter of the explanatory memorandum of the proposal for a Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security.
• Fundamental rights
The Union support will be implemented in compliance with the Charter of Fundamental Rights of the European Union and the principle of the rule of law, as set out in Article 2(a) of Regulation (EU, Euratom) 2020/2092, see also the corresponding section in the Explanatory Memorandum accompanying the Commission proposal for a Regulation (EU) […] establishing the European Economic, Territorial, Social, Rural and Maritime Sustainable Prosperity and Security Fund.
4. BUDGETARY IMPLICATIONS
The indicative financial envelope for the implementation of the objectives under the Union support is set at EUR 15 396 750 000 billion for the period from 2028 to 2034 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.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The Union support under this proposal will be implemented through shared management by the Member States and direct and indirect management by the Commission. The implementation of the Union support will be monitored through the performance framework applicable for the 2028-2034 multiannual financial framework, which is set out in the proposal for a Regulation (EU) […] establishing a budget expenditure tracking and performance framework and other horizontal rules of the Union programmes and activities .
• Detailed explanation of the specific provisions of the proposal
The proposed Regulation defines in Article 1 the scope of the Union support for the EU integrated border management and the EU visa policy for the period from 1 January 2028 to 31 December 2034. For this, essential definitions are given in Article 2, and the objectives are defined in Article 3, in consistency with Union support that will 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) […].
In Article 4, the proposal lays down provisions for the financing of the Union support, in Article 5 provisions for the Schengen Associated Countries, and in Article 6 provisions for implementing the operation of the Special Transit Scheme in Lithuania.
The proposed Regulation also sets out in Article 7 the rules for the budgetary treatment of the resources for operating costs of the European Travel Information and Authorisation System pursuant to Regulation (EU) 2018/1240 and in Article 8 the rules for the budgetary treatment of the financial contributions from Member States for the purpose of the Annual Solidarity Pool established by Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 3 .
Article 9 lays down transitional provisions. The date of the entry into force of the proposed Regulation is set in Article 10, which stipulates that the Regulation will be binding in its entirety and directly applicable in all Member States in accordance with the Treaties from 1 January 2028.