Schengen area

The Schengen area refers to an area where border checks have been abolished at internal borders between Member States and where strictly defined uniform rules are applied regarding: external border control, visa format issued to aliens and mutual cooperation between the services of signatory states, in particular in terms of police and judicial cooperation in criminal matters and functioning of the Schengen Information System.

The creation of the Schengen area is one of the most important achievements of the European Union. The area without borders is based on mutual confidence of the Member States in their capacity to fully implement the compensatory measures accompanying the abolition of internal border control. Although the Schengen area is based on a number of strict and complex rules, it is a good example of close cooperation and solidarity between the Member States. Thus, it responds to both the challenges and expectations of EU citizens.

The Schengen area covers twenty-two EU countries: Austria, Belgium, Czechia, Denmark, Estonia, Finland, France, Greece, Spain, Holland, Lithuania, Luxembourg, Latvia, Malta, Germany, Poland, Portugal, Slovakia, Slovenia, Sweden, Hungary and Italy as well as associate countries: Iceland, Norway, Switzerland and Liechtenstein. the UK and Ireland have special status (the former up to the end of the transition period 31 December 2020, the latter a EU Member State) and remain outside the Schengen Area, meaning internal border controls have not been removed, although some provisions can be applied in respect to cooperation in police and judicial matters of crime. On the other hand, Bulgaria, Romania, Croatia and Cyprus are applying for membership in the Schengen Area.

Information systems in the external border management

SIS – Schengen Information System II

The Schengen Information System (SIS) is a common electronic database used by MS services to search for information on individuals and . The system ensures exchange of information between border services, services responsible for issuing visas and other bodies in charge of security.

A second generation of the Schengen Information System (SIS II) went live on 9 April 2013.

SIS II provides information on people who have no right to enter the Schengen area or to stay in it and on people who are wanted in connection with criminal activity. The system also collects information on missing persons, especially children or other most vulnerable groups that require protection. It also records data on some objects, for example cars, firearms, vessels and identity documents that may have been lost or stolen or used for criminal activity.

On 28 November 2018, the Schengen Information System reform package, the so-called SIS recast (Regulation 2018/1860, Regulation 2018/1861, Regulation 2018/1862) was adopted. The reform of the system extends its functions, notably by adding new categories of alerts and regulating database access for EU agencies Frontex and Europol.

Visa Information System (VIS)

Visa Information System (VIS) is a system for the exchange of visa data between Member States and allows the national authorities authorised for this purpose to enter and update visa data and to consult these data electronically.

The aim of VIS is to better implement the common visa policy and to increase the internal security and combat terrorism under clearly defined and monitored circumstances. The purpose of the Visa Information System is to check whether the applicant at the consulate is the same person who is crossing the border. For this purpose, biometric data is used, collected at the consulate and then compared at the border.

The VIS provides for more effective cooperation between Member States including in such areas as common visa policy, prevention of visa shopping and identification of persons who may not fulfil the conditions for entry, stay or residence on EU territory. This system is an essential complement to the Schengen Information System. 

The VIS system was launched operationally on 11 October 2011. Work is currently underway to amend the Regulation and adapt the system to current needs.

EURODAC

The European system for the comparison of the dactyloscopic records of asylum seekers (Eurodac) is a system for comparing the fingerprints of asylum seekers and individuals classified to certain categories of illegal immigrants. The system facilitates the application of the Dublin II Regulation that allows determining the EU Member State competent for examining a given asylum application.

Eurodac allows EU Member States to identify asylum seekers and individuals apprehended when attempting to illegally cross the Union’s external border. By comparing fingerprint data,

Member States may determine whether an asylum seeker or a foreign citizen, whose presence in a Member State was found to be illegal, previously sought asylum in another Member State or whether the asylum seeker has entered the Union territory illegally.

The system was launched on 15 January 2003.

EUROSUR

The EUROSUR system constitutes the common framework for the exchange of information and for cooperation between Member States and Frontex aimed at increasing knowledge of the situation and reaction capabilities at the external borders for detecting and combating illegal immigration and cross-border crime and preventing these phenomena, and thus for protecting and saving the lives of migrants. It is used for the protection of land and sea external borders (on a voluntary basis also air borders), including monitoring, detecting, identifying, tracking, intercepting individuals illegally crossing borders and preventing this phenomenon. Therefore, EUROSUR combines national border surveillance systems into a European network managed by Frontex.

In Poland, the body designated to perform the functions of a Eurosur National Coordination Centre is the Commander-in-Chief of the Border Guard.

New IT systems in external border management

Strong and effective external border management is an essential element for ensuring efficient functioning of the Schengen area. Therefore, border management must be based on the solid foundation of a European information architecture (created using modern IT technologies) which, on the one hand, will help to increase security in the Schengen area and, on the other, increase the efficiency and speed of border controls.

On 6 April 2016, the European Commission presented proposals that aim to increase border security through the application of new technologies. These include:

• creation of the EU Entry/Exit System (EES) – this system will apply to all non-EU travellers authorised to stay in the Schengen area for short stays. It will allow more automation of border controls and better detection of identity and travel document fraud; the regulation entered into force in December 2017. eu-LISA and Member States have now begun implementation work. The system is planned to go live in 2022,
• creation of the European Travel Information and Authorisation System (ETIAS) to collect information on visa-free travellers prior to their travel. ETIAS will allow for controls to be carried out in advance and, where necessary, refuse entry into the Schengen area to third-country nationals exempt from the visa requirement. It will help improve internal security and prevent illegal immigration, reduce risks to public health and reduce delays at the borders by identifying individuals who may pose a risk in one of these areas before they arrive to the external borders. The Regulation entered into force in September 2018. eu-LISA and Member States have now begun implementation work.

Integrated Border Management (IBM) strategy

In recent years, as the migration problem was escalating, it has been observed that individual EU Member States were unable to address the challenges caused by illegal movements. Under such circumstances, the need has arisen to introduce new forms of external border management, to provide real EU-level support to Member States and to amend the legal provisions to harmonise the system of shared responsibility for external border surveillance.

One consequence of this phenomenon was extending Frontex’ operational scope of in 2016 under Regulation 2016/399 which also laid down the basic principles underlying European integrated border management and established a framework for cooperation between EU Member States’ border guard services and the Agency, whose main task is to assist in ensuring integrated border management at external borders (although the burden of ensuring external border security falls on the Member States that directly manage the EU’s external border). The Regulation also defined the concept of European integrated border management and obliged the Agency to establish a relevant technical and operational strategy.

In March 2018, the main elements for the development of the European Integrated Border Management Strategy were set out in Annex 6 to the European Commission’s Progress Report on the implementation of the EU Agenda on Migration (COM (2018)250 final). They guide the European Integrated Border Management Strategy of the European Border and Coastguard Agency and the national strategies of Member States.

The Frontex Agency adopted the Technical and operational strategy for European integrated border management in May 2019, followed by the corresponding national strategies being adopted by Member States. At the same time, in view of the continuing serious challenges in the area of illegal migration, a new European Border and Coast Guard Regulation was adopted, which further extended the mandate of the Agency and introduced a multi-annual strategic policy cycle for European integrated border management. Both the technical and operational strategy for European integrated border management and the national strategies of the Member States will be updated in this cycle.