Do the airports in Paris and Frankfurt violate the right to free movement of EU citizens from countries not in the Schengen area?

Subject: Do the airports in Paris and Frankfurt violate the right to free movement of EU citizens from countries not in the Schengen area?

Two months ago, we alerted the Commission to abusive practices at Vienna airport that violate the regulatory framework on the single security check. Romanian citizens inform me that double checks are also spreading to Frankfurt and Paris airports. One-stop security should be seen as an important principle for access to the single market. Any infrastructure problems, such as have been raised by airports, should be rare exceptions, not the rule in the EU airports. Romanian citizens rightly say that they are penalised twice because Romania is not part of the Schengen area. This treatment violates the free movement rights of EU citizens enshrined in EU law and the Treaties.

1. Does the Commission intend to contact airport management to find solutions that respect the rights of European citizens from countries that are not in Schengen?

2. How is the Commission helping with the process for Romania’s accession to the Schengen area? Citizens want to know what concrete actions it has adopted to accelerate this process.

Submitted:4.7.2023

Answer given by Ms Johansson on behalf of the European Commission (29 September 2023)

1. As stated in the reply to Question E-001347/2023, the operational implementation of security checks at airports and addressing the related infrastructural issues (due, for example, to the airport layout or other operational considerations), remains a prerogative of the Member States. In the absence of a decision on the full application of the Schengen acquis to Romania allowing for the lifting of controls at the internal borders with Romania, all passengers on flights from Romania to the Schengen area are subject to a verification of their identity the authenticity and validity of their travel documents. Passengers are also subject to checks against the SIS and other relevant EU databases, in accordance with Article 8(2) of the Schengen Borders Code (1). This concerns all EU citizens enjoying the right to free movement, regardless of their nationality.

2. The Commission has repeatedly called upon the Council to take a decision on the Schengen accession of Romania and Bulgaria (2). Since December 2022, important political and operational steps have been taken to address existing concerns. Despite not being formally linked to accession requirements, they have an important impact. The Commission adopted an Action Plan on the Western Balkans (3) and launched pilot projects together with Romania and Bulgaria on border management (4), which have already yielded positive tangible results (5). To support the pilot projects, the Commission has also provided new financial support to both Romania and Bulgaria. The Commission fully supports the accession of Romania and Bulgaria to the area without internal border controls and will continue to do its utmost to ensure that the Council will take a positive unanimous decision soon.

1 ∙ ⸱ 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) (codification) (OJ L 77, 23.3.2016, p. 1). 2 ∙ ⸱ Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, State of Schengen Report 2023, COM /2023/274 final; Communication from the Commission to the European Parliament and the Council, Making Schengen stronger with the full participation of Bulgaria, Romania and Croatia in the area without internal border controls, COM/2022/636 Final. 3 ∙ ⸱

https://neighbourhood-enlargement.ec.europa.eu/news/migration-routes-commission-proposes-action-plan-cooperation-western-balkans-address-common- 2022-12-05_en#:~:text=The%20Action%20Plan%20on%20the%20Western%20Balkans%20i,as%20well%20as%20%285%29%20achieving%20visa %20policy%20alignment 4 ∙ ⸱

The European Commission launches a pilot project with Romania: https://ec.europa.eu/commission/presscorner/detail/en/statement_23_1724 5 ∙ ⸱ https://home-affairs.ec.europa.eu/news/progress-bulgaria-and-romanias-pilot-project-commission-fast-asylum-and-return-procedures-2023-06-07_en