Proposal for a Regulation amending the Schengen Borders Code (COM(2011)118 final)
The Meijers Committee is pleased to note that the proposal foresees in an explicit legal framework for joint border crossings under bilateral agreements with third countries, including rules on international protection for persons claiming asylum (Annex VI). We are concerned however, that
not all forms of joint border control are explicitly governed by the proposed amendments, in particular controls at sea, outside the Member States’ territorial waters, which may undermine the effectiveness and uniform application of the Schengen Borders Code.
The Meijers Committee would consider the Commission’s proposal as a welcome opportunity to address these lacunae and suggests to clarify both the term “border surveillance” in Article 12 of the Code (point 1 of our note) and its territorial scope (point 2). Moreover, it is suggested to insert an obligation for the Member States to notify all arrangements on border control with third countries to the Commission, regardless of its status under international law (point 3). Finally, in point 4 of the note the Meijers Committee advises to refer explicitly to the obligation to provide access to the
asylum procedure for persons claiming international protection in the course of border controls.
Proposal for a Regulation amending the Schengen Borders Code (COM(2011)118 final)
The Meijers Committee is pleased to note that the proposal foresees in an explicit legal framework for joint border crossings under bilateral agreements with third countries, including rules on international protection for persons claiming asylum (Annex VI). We are concerned however, that
Download commentnot all forms of joint border control are explicitly governed by the proposed amendments, in particular controls at sea, outside the Member States’ territorial waters, which may undermine the effectiveness and uniform application of the Schengen Borders Code.
The Meijers Committee would consider the Commission’s proposal as a welcome opportunity to address these lacunae and suggests to clarify both the term “border surveillance” in Article 12 of the Code (point 1 of our note) and its territorial scope (point 2). Moreover, it is suggested to insert an obligation for the Member States to notify all arrangements on border control with third countries to the Commission, regardless of its status under international law (point 3). Finally, in point 4 of the note the Meijers Committee advises to refer explicitly to the obligation to provide access to the
asylum procedure for persons claiming international protection in the course of border controls.
Published on
21 September 2011