Borders

European border surveillance system (Eurosur)

To improve integrated border management and to prevent cross-border crime and illegal immigration, the European Union (EU) created the European border surveillance system (Eurosur).

Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European border surveillance system (Eurosur).

In October 2013, the EU adopted a regulation establishing the European border surveillance system (Eurosur).

Multi-purpose system

Eurosur is a multi-purpose system to prevent illegal immigration and cross-border crime at the external borders. It will also contribute to ensuring the protection and saving the lives of migrants trying to reach European shores.

It provides a mechanism allowing border surveillance agencies to rapidly exchange information and work together. By means of national coordination centres, all EU countries’ national authorities responsible for border surveillance (e.g. border guards, police, coastguard, navy, etc.) must coordinate their activities with those of other EU countries and the EU border agency, Frontex.

Faster responses thanks to better information

Eurosur follows an intelligence-driven approach, allowing national and EU agencies to better understand what is happening at external borders and to respond faster to new routes and methods used by criminal networks.

Rapid reaction capability

Eurosur enables EU countries to react faster not only to single incidents, but also to critical situations occurring at EU external borders. For this purpose, the external land and sea borders have been divided into ‘border sections’ and they have each been assigned a low, medium or high ‘impact level’. This allows hotspots at the external borders to be identified, with a standardised reaction at national level and at EU level, if required.

Fundamental rights

EU countries that have signed the Schengen Agreement and Frontex must fully respect fundamental rights, in particular the non-refoulement principle (which forbids a true victim of persecution being returned to their persecutor) and personal data protection.

Entry into force

As of December 2013, Eurosur was operational in the 19 EU countries that signed the Schengen Agreement that have southern and eastern external borders. The remaining 11 Schengen countries joined Eurosur on 1 December 2014.

Denmark, Ireland and the United Kingdom (1) did not take part in the adoption of this regulation. However, it was agreed that Ireland and the United Kingdom (1) could cooperate with Eurosur by means of regional networks. Denmark has since decided to participate in Eurosur.

European Border and Coast Guard

Regulation (EU) 2019/1896 on the European Border and Coast Guard

It establishes a European Border and Coast Guard agency to:
assure European integrated management at the EU’s border;
manage border crossing efficiently; and
make the EU’s return* policy more effective as a key component of sustainable migration management.

It aims to address migratory challenges and potential future threats at the borders, combat serious international crime, and ensure internal EU security while fully respecting fundamental rights and safeguarding free movement.

KEY POINTS

A standing corps of 10 000 border guards:

will ensure that the agency can support EU countries whenever and wherever needed;
will bring together agency staff, as well as border guards and return experts seconded or deployed by EU countries, who will support the over 100 000 national border guards in their tasks.
In addition, the agency will have a budget to acquire its own equipment, such as vessels, planes and vehicles.

Executive powers

The standing corps will be able to carry out border control and return tasks, such as identity checks, authorising entry at the external borders, and carrying out border surveillance — only with the agreement of the host EU country.

More support on return

In addition to organising and financing joint return operations, the agency will now also be able to support EU countries at all stages of return process with EU countries remaining responsible for taking return decisions.

This support can now also include, for example, providing assistance to returnees before, during and post-arrival, as well as identifying non-EU nationals with no right to stay or acquiring travel documents.

Stronger cooperation with non-EU countries

The agency will be able — subject to prior agreement of the country concerned — to launch joint operations and deploy staff outside the EU, beyond countries neighbouring the EU, to provide support on border management.

Antenna offices

The agency will be able to set up antenna offices in EU countries and in a non-EU country (subject to a status agreement) to support logistically its operational activities and guarantee the smooth running of operations.

European Border Surveillance System (Eurosur)

To improve Eurosur’s operation, the regulation incorporates it in the functioning of the European Border and Coast Guard.
The regulation enlarges Eurosur’s scope to cover most of the components of European integrated border management. This means being able to better detect, anticipate and react to crisis situations at the EU’s external borders and in non-EU countries.

FROM WHEN DOES THE REGULATION APPLY?

It entered into force on 4 December 2019.
It repeals Regulations (EU) No 1052/2013 on Eurosur from 4 December 2019 and (EU) 2016/1624 from 31 December 2020.

DOCUMENT

Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, pp. 1-131)

Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, pp. 1-76)

Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, pp. 1-52)

Successive amendments to Regulation (EU) 2016/399 have been incorporated into the original text. This consolidated version is of documentary value only.

Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, pp. 11-26)

European Border and Coast Guard

Regulation (EU) 2016/1624 on the European Border and Coast Guard

It sets up a European Border and Coast Guard to ensure, for the first time, the effective implementation of integrated border management at the external borders of the European Union (EU) as well as of the Schengen associate countries (Iceland, Norway and Switzerland).
This European Border and Coast Guard consists of the European Border and Coast Guard Agency (‘the Agency’), created on the basis of the existing EU borders agency (commonly known as Frontex), and the EU countries’ and Schengen associate countries’ authorities responsible for border management.
It also extends and strengthens Frontex’s mandate.

Main tasks of the European Border and Coast Guard

The main task of the European Border and Coast Guard is to work towards a European integrated border management as a shared responsibility of the Agency and the national authorities responsible for border management.

The main actions of the Agency are to:
contribute to the effective functioning of border control at the relevant external borders, including actions to facilitate legal border crossings and the detection of cross-border crime, such as migrant smuggling or human trafficking;
provide technical and operational assistance to the participating countries through joint operations* and rapid border interventions;
provide technical and operational assistance in the support of search and rescue operations for persons in distress at sea, which may arise during border surveillance operations at sea;
provide an analysis of the risks for internal security as well as of the threats that may affect the functioning or security of the EU’s external borders;
cooperate with non-EU countries and non Schengen associate countries, focusing on neighbouring countries and countries of origin and/or transit for irregular immigration;
carry out a vulnerability assessment including the assessment of the capacity and readiness of the participating countries to face threats and challenges at the external borders;
organise, coordinate and conduct return operations and interventions.

Rescue operations

In accordance with international conventions such as the International Convention for the Safety of Life at Sea, any vessels participating in maritime operations coordinated by the Agency are bound to provide assistance to people in distress at sea. The Agency assists the participating countries in conducting search and rescue operations in order to protect and save lives during border surveillance operations at sea.

Monitoring of migration flows and risk analysis

The Agency contributes to ensuring that EU standards to protect and enforce border management are implemented at all external borders.

EU countries’ and Schengen associate countries’ external borders will constantly be monitored by means of risk analysis and mandatory vulnerability assessments to identify and address weak spots.
EU border and coast guards

A rapid reaction pool of at least 1 500 border and coast guards and a technical equipment pool are to be ready to react to any kind of pressure of illegal migration at the external borders.
Where necessary, the deployment of European Border and Coast Guard teams from the reaction pool will be immediately supplemented by additional border guards from EU countries.

Processing of personal data

The Agency is permitted to process personal data only for the purpose of risk analysis, organising operational activities including joint operations, rapid border interventions, return operations* and return interventions*, and transmission to the competent national authorities or EU agencies, such as EASO, Europol and Eurojust.
The Agency will manage the personal data of persons suspected of involvement in criminal activities, such as migrant smuggling, human trafficking and terrorism.

The regulation entered into force on 6 October 2016. The rapid reaction and technical equipment pools have been in place since December 2016.

BACKGROUND

The establishment of a European Border and Coast Guard is one of the measures set out under the European agenda on migration to reinforce the management and security of the EU’s external borders.

Securing Europe’s external borders: a European Border and Coast Guard (European Commission);
Questions and answers: the European Border and Coast Guard Agency (European Commission).

Joint operations: operations coordinated by the Agency and involving human resources and technical equipment provided by one or more EU country.

Return operations: where the Agency coordinates an operation which involves technical and operational reinforcement being provided by one or more EU countries, under which returnees from one or more countries are returned — either on a forced or voluntary basis.

Return interventions: where the Agency provides EU countries with enhanced technical and operational assistance, consisting of the deployment of European return intervention teams to EU countries and coordinates return operations.

DOCUMENTS

Successive amendments to Regulation (EU) 2016/399 have been incorporated into the original text. This consolidated version is of documentary value only.

Smart borders: EU Entry/Exit System

Regulation (EU) 2017/2226 establishing an Entry/Exit System (EES) to register the data of non-EU nationals crossing the EU’s external borders

Regulation (EU) 2017/2225 amending the Schengen Borders Code as regards the use of the Entry/Exit System

Regulation (EU) 2017/2226 aims to improve the effectiveness and efficiency of controls at the external borders of the Schengen Area by creating a centralised Entry/Exit System (EES) for non-EU nationals crossing the EU’s external borders for a short stay.

The EES will be an automated IT system for registering entries and exits of travellers from non-EU countries at the external borders. It will apply both to those that need a short-stay visa and to those that are from visa-exempt non-EU countries.

The EES will replace the current system of manual stamping of passports which is time-consuming, does not provide reliable data on border crossings and does not allow for an effective detection of over-stayers. The system will also contribute to the fight against terrorism and serious crime.

Regulation (EU) 2017/2226 amends several EU laws:

the Convention implementing the Schengen Agreement;
the regulations on the Visa Information System (VIS) and on the European Agency for the Operational Management of Large-Scale Information Systems (eu-LISA);
the Schengen Borders Code which lays down the conditions, criteria and detailed rules for the crossing of the EU’s external borders.
The amendment of the Schengen border code as regards the use of the Entry/Exit System is a separate legislative act, Regulation (EU) 2017/2225.

Subject matter

Regulation (EU) 2017/2226 creates the EES, a common electronic system which:

records and stores the date, time and place of entry and exit of non-EU nationals crossing the EU’s borders;
automatically calculates the duration of authorised stay of such non-EU nationals, and generates alerts to EU countries when the authorised stay has expired.

The system replaces the requirement to stamp the passport of non-EU nationals, which is applicable by all EU countries.

Scope

The EES applies to travellers subject to a visa requirement as well as those exempted from it and admitted for a short stay of up to 90 days in a 180-day period, who cross the external borders of the Schengen area. The EES will also record data on non-EU nationals whose entry for a short stay has been refused.

The EES will operate at the external borders of the EU countries which apply the Schengen acquis in full and at the borders of EU countries which — at the time the system will start its operations — will not yet apply the Schengen acquis in full, but will have successfully gone through the Schengen evaluation procedure and have obtained passive access to the VIS and full access to the Schengen Information System (SIS).

Data storage and accessibility

The EES will store data on identity, travel documents as well as biometric data. The data will be kept for 3 years for those travellers who respect the short-stay rules, and 5 years for those who exceed their authorised period of stay.

The data stored will be accessible to border authorities, visa-issuing authorities and authorities responsible for monitoring whether a non-EU national fulfils the conditions of entry or residence. For the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences designated law enforcement authorities and Europol may request the consultation of EES data.

Technical architecture

The EES comprises:

a central system which will operate a computerised central database of biometric and alphanumeric data (a mix of letters and numbers);
a national uniform interface in each participating country;
a secure communication channel between the EES central system and the central system of the VIS;
a secure and encrypted communication infrastructure between the EES central system and the national uniform interfaces (identical interfaces for all EU countries connect their border infrastructures to the EES central system);
a data repository to obtain customisable reports and statistics;
a web service to enable non-EU nationals to verify their remaining authorised stay.

The eu-LISA agency has the responsibility for developing and operating the system, including for adapting the VIS so as to ensure the interoperability between the EES central system and the VIS central system.

Amendment of the Schengen Borders Code

Regulation (EU) 2017/2225 makes changes to the Schengen Borders Code as regards the use of the EES at the EU’s external borders. These changes are:

the entry and exit of non-EU nationals is recorded directly in the EES;
where provided expressly by its national law, an EU country may continue to stamp non-EU nationals’ travel documents if they hold a residence permit or long-stay visa issued by that EU country;
non-EU nationals must provide biometric data to create their individual EES file or for the carrying out border checks;
the identity and nationality and the authenticity and validity of the non-EU nationals’ travel document for crossing the border are verified;
EU countries may establish national entry facilitation programmes on a voluntary basis for pre-vetted non-EU nationals;

EU countries may decide whether and to what extent to make use of technologies such as self-service systems for non-EU nationals to pre-enrol or update data in the EES, e-gates and automated border control systems, as long as an appropriate level of security is ensured, that their use is supervised and that border guards have access to the result of such border checks.

Both the regulations have applied since 29 December 2017.

DOCUMENTS

Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, pp. 20-82)

Successive amendments to Regulation (EU) 2017/2226 have been incorporated into the original document. This consolidated version is of documentary value only.

Regulation (EU) 2017/2225 of the European Parliament and of the Council of 30 November 2017 amending Regulation (EU) 2016/399 as regards the use of the Entry/Exit System (OJ L 327, 9.12.2017, pp. 1-19)

Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, pp. 27-84)

Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, pp. 99-137)

Commission Implementing Decision (EU) 2018/1548 of 15 October 2018 laying down measures for the establishment of the list of persons identified as overstayers in the Entry-Exit System (EES) and the procedure to make that list available to Member States (OJ L 259, 16.10.2018, pp. 39-42)

Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, pp. 1-71)

Successive amendments to Regulation (EU) No 2016/399 have been incorporated into the original document. This consolidated version is of documentary value only.

Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, pp. 60-81)

The Schengen acquis — Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ L 239, 22.9.2000, pp. 19-62)

Eurodac: European system for the comparison of fingerprints of asylum applicants

Regulation (EU) No 603/2013 on ‘Eurodac’ — EU asylum fingerprint database for comparing asylum applicants’ fingerprints

It expands Eurodac, which is an EU-wide biometric database containing fingerprints of asylum applicants and non-EU/European Economic Area (EEA) nationals for comparison between EU countries.

The aim is to:
make it easier for EU countries to determine responsibility for examining an asylum application by comparing the fingerprints of asylum applicants and non-EU/EEA nationals against a central database; and
enable law-enforcement authorities, subject to strict conditions, to consult Eurodac for the investigation, detection and prevention of terrorist or serious criminal offences.

KEY POINTS

Each EU country must take the fingerprints of all asylum applicants and those apprehended while trying to cross a border irregularly (e.g. non-EU/EEA nationals or stateless persons entering without valid documents) over the age of 14 and, within 72 hours, transmit the data to Eurodac.

When an asylum applicant or non-EU/EEA national has been found to be present illegally in an EU country, then that EU country can consult Eurodac to determine whether the individual has previously applied for asylum in an EU country or has previously been apprehended when trying to unlawfully enter the EU.

Fingerprint data should be erased once asylum applicants, non-EU/EEA nationals or stateless persons obtain citizenship of an EU country.
This regulation helps apply the Dublin III Regulation (Regulation (EU) No 604/2013), which lays down rules for determining which EU country is responsible for examining an asylum application.

The original Eurodac legislation (Council Regulation (EC) No 2725/2000) did not offer a means for law enforcement authorities to request data comparisons. This regulation, however, allows police forces and Europol to compare fingerprints linked to criminal investigations with those contained in Eurodac. However, due to the fundamental right to privacy, law-enforcement agencies are only allowed to use Eurodac for comparisons:
where there are reasonable grounds that doing so will substantially assist them in preventing, detecting or investigating a terrorist offence or other serious criminal offence; and
only as a last resort after several other checks have been carried out first.

No Eurodac data may be shared with non-EU countries (other than Iceland and Norway).
Some asylum applicants and non-EU/EEA nationals or stateless persons have refused to cooperate with EU countries’ attempts to fingerprint them for the Eurodac database. This led the European Commission to issue a document on possible best practice relating to fingerprinting.

The Protocol between the EU, Iceland and Norway, signed in 2020, extends the application of Regulation (EU) No 603/2013 to Norway and Iceland.
It has applied since 20 July 2015.

BACKGROUND

Eurodac was originally created in 2000 (Council Regulation (EC) No 2725/2000) and it has been operating since 2003. The Commission considers it to be a very successful information technology (IT) tool.

DOCUMENT

Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the Operational Management of large-scale IT Systems in the area of freedom, security and justice (OJ L 180, 29.6.2013, pp. 1-30)

Protocol between the European Union, Iceland and the Kingdom of Norway to the Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway regarding access to Eurodac for law enforcement purposes (OJ L 64, 3.3.2020, pp. 3-7)

Commission staff working document on implementation of the Eurodac regulation as regards the obligation to take fingerprints (SWD(2015) 150 final of 27.5.2015)

Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, pp. 31-59)

Successive amendments to Regulation (EU) No 604/2013 have been incorporated into the original text. This consolidated version is of documentary value only.

Financial support for EU’s external borders and the common visa policy: Internal Security Fund

Regulation (EU) No 515/2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa policy

The regulation, known as the ISF-Borders and Visa Regulation, creates a funding instrument and lays down the objectives, the budget and procedures for implementing the eligible actions for the period 2014-2020.

The general objective of the instrument is to contribute to a high level of security in the EU while facilitating legitimate travel by ensuring the efficient management of the EU’s external borders and the effective processing of visas for the Schengen area (a border-free area comprising 22 EU countries and 4 associated countries — Iceland, Liechtenstein, Norway and Switzerland).

KEY POINTS

The ISF-Borders Fund aims to support:

the common visa policy to make legitimate travel easier by ensuring a high-quality service for visa applicants and equal treatment of nationals from outside the Schengen area, as well as to tackle illegal migration;
integrated border management, including the use of common standards and information exchange between Schengen countries and with the European Border and Coast Guard Agency (EBCG agency, commonly referred to as Frontex) to ensure;
a high level of control and protection of the external borders;
smooth crossing of the external borders in conformity with the Schengen acquis; and
guaranteeing access to international protection for those needing it.

The instrument funds actions to:

strengthen external border checks to monitor the crossing of external borders;
gradually establish an integrated management system for external borders, based on solidarity and responsibility, through for example;
external border surveillance systems; and
cooperation (including in the maritime border area) between border guards, customs, migration, asylum and law enforcement authorities;
promote the common policy on visas and other short-stay residence permits and consular cooperation mechanisms;
set up and run IT systems supporting the common visa policy and border control, and improve awareness of the situation at external borders;
prevent and tackle illegal immigration in cooperation with non-EU countries.

Examples of eligible actions include:

infrastructures, IT systems and operating equipment, including means of transport, for border control and processing of visa applications;
studies, training and pilot projects on operational standards and best practices in the field;
actions relating to operational cooperation between EU and non EU-countries, including joint operations;

The implementation of the fund is mainly entrusted to the participating 26 EU countries (all EU countries, except Ireland and UK (1)) and the 4 Schengen Associated countries (Iceland, Liechtenstein, Norway, and Switzerland). The national programmes define the funding priorities by addressing the fund’s objectives.

The allocation of resources is based on a number of criteria relating to the type of external border (maritime, land and international airports), taking into account the travel flows and the level of risks and threats. The allocation of funds to specific objectives under the national programmes relate to the challenges and needs of participating countries.

A table setting out the amounts constituting the basis for participating countries’ national programmes is included in the regulation’s annex I. During the implementation period, such amounts have increased following the allocation of additional funds to national programmes in the framework of the mid-term review conducted in 2018, and specifically for the development of IT systems and for the implementation of the specific actions.

A part of the fund is managed centrally by the Commission in the form of Union actions which includes assistance to address urgent and specific needs in the event of an emergency situation (emergency assistance).

The fund is complemented by the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (ISF-Police Fund), set up by Regulation (EU) No 513/2014.

Budget

The total initial allocation for ISF-Borders and Visa (2014-20) was €2.76 billion (in current prices).

Implementation

The so-called ‘Horizontal Regulation’ (Regulation (EU) No 514/2014 — see relevant summary) contains the general rules and procedures for implementing this instrument.

Extension of the fund to the Schengen associated countries

Agreements have been negotiated between the EU and the 4 Schengen Associated Countries allowing their participation in the ISF-Borders and Visa.

It has applied since 1 January 2014.

DOCUMENT

Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, pp. 143-167).

The successive amendments to Regulation (EU) No 515/2014 have been incorporated into the original text. This consolidated version is of documentary value only.

Regulation (EU) No 513/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime, crisis management and repealing Council Decision 2007/125/JHA (OJ L 150, 20.5.2014, pp. 93-111)

Regulation (EU) No 514/2014 of the European Parliament and of the Council of 16 April 2014 laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (OJ L 150, 20.5.2014, pp. 112-142)

Swiss Confederation

Council Decision (EU) 2018/929 of 25 June 2018 on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Swiss Confederation on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund, for the period 2014 to 2020 (OJ L 165, 2.7.2018, pp. 1-2)

Council Decision (EU) 2018/404 of 13 March 2018 on the signing, on behalf of the Union, of the Agreement between the European Union and the Swiss Confederation on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund, for the period 2014 to 2020 (OJ L 74, 16.3.2018, pp. 1-2)

Agreement between the European Union and the Swiss Confederation on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund, for the period 2014 to 2020 (OJ L 165, 2.7.2018, pp. 3-11)

Iceland

Council Decision (EU) 2018/948 of 25 June 2018 on the conclusion on behalf of the European Union of the Agreement between the European Union and Iceland on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund, for the period 2014 to 2020 (OJ L 167, 4.7.2018, pp. 1-2).

Council Decision (EU) 2018/398 of 12 June 2017 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and Iceland on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund, for the period 2014 to 2020 (OJ L 72, 15.3.2018, pp. 1-2)

Agreement between the European Union and Iceland on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund, for the period 2014 to 2020 (OJ L 72, 15.3.2018, pp. 3-11)

Kingdom of Norway

Council Decision (EU) 2017/1249 of 16 June 2017 on the conclusion on behalf of the Union of the Agreement between the European Union and the Kingdom of Norway on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020 (OJ L 179, 12.7.2017, pp. 1-2)

Council Decision (EU) 2017/479 of 8 December 2016 on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the Kingdom of Norway on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020 (OJ L 75, 21.3.2017, pp. 1-2)

Agreement between the European Union and the Kingdom of Norway on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020 (OJ L 75, 21.3.2017, pp. 3-11)

Information relating to the entry into force of the Agreement between the European Union and the Kingdom of Norway on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020 (OJ L 68, 12.3.2018, p. 1)

Principality of Liechtenstein

Council Decision (EU) 2017/657 of 3 April 2017 on the conclusion on behalf of the European Union of the Agreement between the European Union and the Principality of Liechtenstein on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020 (OJ L 94, 7.4.2017, pp. 1-2)

Council Decision (EU) 2017/47 of 8 November 2016 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Principality of Liechtenstein on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020 (OJ L 7, 12.1.2017, pp. 2-3)

Agreement between the European Union and the Principality of Liechtenstein on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020 (OJ L 7, 12.1.2017, pp. 4-13)

last update 22.06.2018

(1) The United Kingdom withdraws from the European Union and becomes a third country (non-EU country) as of 1 February 2020.

Temporary protection if there is a mass influx of displaced people

Directive 2001/55/EC — rules for giving temporary protection in the event of a mass influx of displaced persons and measures promoting a balance of efforts between EU countries

It sets up a scheme to deal with mass arrivals in the EU of foreign nationals who cannot return to their countries – in particular due to war, violence or human rights violations.
It puts in place immediate temporary protection for these displaced people.
It promotes a balance of efforts between EU countries in receiving people. But it does not require compulsory distribution of asylum-seekers across EU countries.
Denmark is not participating in the directive.

KEY POINTS

Implementation of temporary protection

Temporary protection is implemented in all EU countries by a Council decision confirming a mass influx of displaced people to the EU and stating the groups of people who need protection.
Duration is 1 year. Can be extended by up to 2 years.
Protection may end if the Council deems it safe for people to return to their home country.
EU countries must ensure that displaced people are willing to come to their country.
Some people may be excluded from temporary protection.

They include people:

suspected of:
crimes against peace*
war crimes, crimes against humanity
serious non-political crimes
acting against the purposes and principles of the United Nations
who are a danger to security in the host EU country.
Effects of temporary protection

EU countries must give people who are granted temporary protection a residence permit.

This is valid for the full duration of protection.

People granted temporary protection have the right to:

be employed or self-employed
access adult education, vocational training and work experience
suitable accommodation
social welfare and financial support and medical care.
Children under 18 will also have the right to enter education under the same conditions as nationals of the host EU country.

If some members of the same family have been granted temporary protection in different EU countries, or if some family members are not yet in the EU, they must have the right to be reunited in the same EU country.

These rules are in line with EU rules on receiving applicants for international protection in Directive 2013/33/EU.

Asylum applications

People granted temporary protection must be able to lodge an application for asylum. The EU country that receives the person is responsible for examining the application.

However, countries may decide that someone who has been granted temporary protection cannot have the status of asylum-seeker at the same time.

This helps countries to reduce the burden on their asylum system by offering temporary protection while postponing the examination of asylum applications.

Directive 2013/32/EU sets out common EU rules for granting and withdrawing international protection.

Ending temporary protection

During protection or when temporary protection ends, EU countries must take steps to enable the voluntary return of protected people.
If enforced return is necessary, countries must make sure there is due respect for human dignity and that there are no compelling humanitarian reasons that would make return impossible.
People who cannot travel for health reasons cannot be forced to return until their health improves.
Families whose children are minors and attend school may be allowed to stay until the end of the school year.

Administrative support

The measures laid down by the directive benefit from the Asylum, Migration and Integration Fund. If the number of displaced people exceeds the reception capacity indicated by EU countries, the Council will take appropriate measures, in particular by recommending additional support for the EU countries affected.

It has applied since 7 August 2001. EU countries had to incorporate it into national law by 31 December 2002.

The scheme set out in the directive has not yet been triggered.

DOCUMENT

Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, pp. 12–23)