As a result of the increase in the number of illegal immigrants entering the European Union following the Arab Springs in 2011, France and Italy have called for a revision of the rules of the Schengen Agreement. The Schengen Agreement has established an area with a single external border and a single set of rules for its members. In addition, it introduced common rules on asylum as well as creating a common database which may be used by the police of Schengen members. This allows Schengen countries to combine their efforts in tackling cross-border crimes such as drug related crimes, missing persons and the pursuit of suspects. Schengen members consist of EU member states including Malta and non EU states such as Switzerland and Norway. However, the UK and Ireland have both opted to remain outside the Schengen area. The agreement puts into practise the "free movement of people" within the EU principle.

In revising the Schengen rules the European Commission will focus on a number of areas. It will propose improvements to the "evaluation mechanism" which aims to identify any border deficiencies before they become border crisis. The Commission also hopes to provide further guidance relating to issuance of travel documents and residents permits. It is hoped this will ensure a uniform application of the rules across all Schengen members. Finally, the European Commission hopes to establish a centralised mechanism on a European level which will authorise the re-imposition of border control when deemed necessary. This can only occur in exceptional circumstances. Prior to this revision an attempt was made by Denmark in 2011 to introduce passport controls on its borders, however the idea was later shelved.

 

In addition to revising the Schengen agreement Home Affairs and Justice Ministers need to decide whether to allow the enlargement of the Schengen area by authorising Romania and Bulgaria to join when the labour market restrictions previously imposed will be removed next year. Both countries have fulfilled the technical measurements required to be allowed join the passport free area. Furthermore the European Parliament feels both Romania and Bulgaria have reached the standard of border security necessary to join. However, member states such as Germany are strongly objecting to the membership of both countries. Germany has even threatened to use its veto should the decision go to a vote in the Council. The reason for their objection is the failure by both countries to reduce domestic corruption and organised crime. This has been criticized as politicising the accession process .Germany argues that the system providing for the free movement of people introduced to provide professional and educational opportunities to citizens will be abused by those simply seeking to gain social security benefits. Germany has emphasised the need to put measures in place which will prevent the abuse of social security systems. The Netherlands previously vetoed attempts by both countries to join Schengen. Its objection was based on similar fears. Germany is also against the proposal of allowing Romania and Bulgaria limited access to Schengen.

The issue of Romanian and Bulgarian membership to Schengen was discussed in the Home Affairs and Justice Council meeting which took place this week. This matter is another source of division in the Council. The revision of the list of countries requiring visas to enter the Schengen area has previously caused disagreement among members. The proposal to move UAE countries from the negative list to the positive list thus providing UAE citizens with visa free access to the Schengen area has been met with objections from countries such as Germany, Austria and Belgium. Such countries argue that any changes to the lists must be agreed to by all Schengen members. One of the possible criteria for moving a country from the negative list to the positive, visa free list is the economic benefit that the European Union stands to gain. If an agreement on the revision of such lists is not reached this year the revision will continue into 2014.