Overwegingen 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

Dit is een beperkte versie

U kijkt naar een beperkte versie van dit dossier in de EU Monitor.

 
 
(1) The Union’s objective of constituting an area of freedom, security and justice in accordance with Article 67(1) of the Treaty on the Functioning of the European Union (TFEU) should be achieved through the provision of Union support for the development of the Union’s common policy on external border control, including for the common visa policy pursuant to Article 77(2), point (a) TFEU.

(2) To ensure the effective and efficient functioning of the Schengen area without internal borders, a strong governance framework, an effective European integrated border management, as implemented by the European Border and Coast Guard, established by Regulation (EU) 2019/1896 of the European Parliament and of the Council 6 , and the EU visa policy are of paramount importance to ensure the integrity and resilience of the Schengen Area.

(3) Union support should therefore be provided for Member States’ efforts to protect the external borders of the Union, curbing illegal border crossings and unauthorised movements between the Member States, as well as modernising and improving the overall efficiency of visa processing and preventing abuse of the Union’s visa regime. This Union support is to be provided under the 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) […].

(4) Union support should also be provided for the effective implementation, application and development of the Schengen framework at the European and national level, including through strengthening the national Schengen governance encompassing the effective coordination structures and strategic processes which are critical for the well -functioning of the Schengen area.

(5) This Regulation lays down the objectives of the Union support for a well-functioning Schengen area without control at the internal borders, including for European integrated border management, including support for the functioning of the Schengen area, and for European visa policy (‘the Union support’). Member States should ensure that their National and Regional Partnership Plans address each of the objectives this Regulation sets out.

(6) In accordance with Lithuania’s Act of Accession to the EU, the Regulation also addresses the need to support Lithuania for the management of the transit of persons between the region of Kaliningrad and other parts of the Russian Federation.

(7) The amounts to be allocated per Member State should be set out by the Commission in accordance with the allocation methodology laid down in Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security through a single implementing decision. That decision should as a rule also cover the amounts under the Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security, the Regulation (EU) […] establishing the Union support for asylum, migration and integration and the Regulation (EU) […] establishing the Union support for internal security.

(8) The Union support should build on the results and investments from the previous programming periods: (i) the External Borders Fund for the period 2007-2013 established by Decision No 574/2007/EC of the European Parliament and of the Council 7 ; (ii) the instrument for external borders and visa as part of the Internal Security Fund for the period 2014-2020 established by Regulation (EU) No 515/2014 of the European Parliament and of the Council 8 ; and (iii) the instrument for financial support for border management and visa policy as part of the Integrated Border Management Fund for the period 2021-2027, established by Regulation (EU) 2021/1148 of the European Parliament and of the Council 9 .

(9) In the face of a changing global landscape and growing instability, the Union and its Member States need to combine their resources to protect the Union’s external borders effectively, including to address irregular migration, smuggling of migrants, trafficking in human beings, and top respond to State actors artificially creating and facilitating irregular migration, instrumentalising migratory flows as a tool for political purposes, and using hybrid warfare tactics, such as the weaponisation of migration 10 , to destabilise the European Union and its Member States. In the interest of solidarity in the Schengen area as a whole and in the spirit of shared responsibility for the protection of the Union’s external borders, the Member State’s National and Regional Partnership Plan should adequately address the challenges identified, notably in the context of the European Integrated Border Management Strategy, the European Visa Policy Strategy and in the new Schengen IT architecture relying on the large-scale information technology (IT) systems deployed for external borders and security management as well as on the interoperability of those systems. Furthermore, in support of the border control mission, the deployment of technology and digital solutions should be considered.  

(10) The Union support should contribute to ensuring consistency, coherence, synergies and complementarities between the Union’s internal and external policies. An increased coherence is needed between migration, asylum, return and external policies and it is important to ensure that the Union’s external assistance and Union support under this Regulation contribute to a coordinated, holistic and structured approach to migration, maximising synergies and increasing leverage. Union support under this Regulation may also include support to the relevant resources of the EU delegations in duly justified cases, and be coordinated between the Member States and the Commission in programming and implementation stages.

(11) Europe must protect its security interest against suppliers which could represent a persistent security risk due to the potential interference from third countries as well as their cybersecurity practices. It is therefore necessary to reduce the risk of persisting dependency on high-risk suppliers in the internal market, as they could have potentially serious negative impacts on security for users, companies and authorities across the EU and the EU’s critical infrastructure in terms of the integrity of data and services as well as the availability of service. This exclusion should be based on a proportionate risk assessment and associated mitigation measures as defined in the Union policies and laws.

(12) As challenges in border management and visa policy are constantly evolving, there is a need to adapt the allocation of Union support to changes in priorities for external border management and visa policy, including changes that result from increased pressure at the border, and a need to steer funding towards the priorities with the highest Union added value. To respond to pressing needs and changes in policy and Union priorities, and to steer funding towards actions with a high level of Union added value, part of the Union support should be implemented in direct, shared and indirect management via the EU Facility established pursuant to Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security. The EU Facility offers flexibility in the management of the Union support, and, for shared management, it should be implemented through the Member States’ National and Regional Partnership Plans.

(13) The Commission and the Member States should ensure that the knowledge and experience of Union bodies, offices and agencies are taken into account when implementing measures or addressing challenges in relation to migration management, border control and management and internal security. Where appropriate, the Commission should also be able to involve the relevant Union bodies, offices and agencies in activities aiming to ensure that the measures supported by the Union support comply with the relevant Union acquis and agreed Union priorities.

(14) The Union support should support measures linked to external border control in the territory of the countries applying the Schengen acquis as part of the implementation of the European integrated border management, which strengthens the overall functioning of the Schengen area. In order to specify the nature and modes of participation in the Union support of countries associated with the implementation, application and development of the Schengen acquis, further arrangements should be concluded between the Union and those countries under the relevant provisions of the respective association agreements between those countries and the Union.

(15) The Union support should continue contributing to the implementation, development and governance of the Schengen area to promote an area without control at internal borders. It should continue supporting measures linked to external border control in the territory of the countries applying the Schengen acquis as part of the implementation of the European integrated border management, which strengthens the overall functioning of the Schengen area.

(16) The Union support should contribute to modernising and improving the efficiency of visa processing in terms of detecting and assessing security and irregular migration risks, ensuring effective implementation of the Visa Code. In particular, the Union support should contribute to the digitalisation of visa processing with the objective of providing fast, secure and client-friendly visa procedures for the benefit of both visa applicants and consulates. The Union support should also serve to improve service to visa applicants, including through a better coverage of consular services across the world.

(17) The Member States may build on the principle of partnership in the implementation of the Union support to ensure continuity in the governance approach.

(18) Pursuant to Article 86 of Regulation (EU) 2018/1240 of the European Parliament and of the Council 11 , the operating costs of the European Travel Information and Authorisation System (ETIAS) should be covered by the revenues generated by the travel authorisation fees. This Regulation should lay down rules in order to make available to Member States their respective share of ETIAS fees to cover their relevant operating costs, including modalities in cases when their total operating costs in a given year exceed the available ETIAS revenue.

(19) Given that Member States subject to migratory pressure should be able to rely on Union support, this Regulation should set out the rules in order to make available to benefitting Member States the respective share of the financial contributions included in the Annual Solidarity Pool established by Regulation (EU) 2024/1351 12 .

(20) All actions supported in accordance with the Union support under this Regulation should be implemented in compliance with the rights and principles enshrined in the Union acquis and the Charter of Fundamental Rights of the European Union and should be in line with the international obligations of the Union and the Member States arising from the international instruments to which they are party.

(21) In accordance with Protocol No 5 to the 2003 Act of Accession on the transit of persons by land between the region of Kaliningrad and other parts of the Russian Federation 13 , the Union shall assist Lithuania in managing the transit of persons between the region of Kaliningrad and the other parts of the Russian Federation and shall, notably, bear any additional costs incurred by implementing the specific provisions of the acquis providing for such transit. Therefore, this Regulation should lay down the rules for the financial support for Special Transit Scheme set out by Council Regulation (EC) No 693/2003 14 .

(22) As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis 15 which fall within the area referred to in Article 1, points A and B of Council Decision 1999/437/EC 16 .

(23) As regards Switzerland, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis 17 which fall within the area referred to in Article 1, Points A and B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC 18 .

(24) As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis 19 which fall within the areas referred to in Article 1, Points A and B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU 20 .

(25) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis, Denmark should, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement this Regulation in its national law.

(26) This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC 21 . Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.