Entry into the Schengen area of the Republic of Croatia and ensuring the equality of its citizens with EU and Schengen area citizens

Question écrite de M. Ivan Vilibor SINČIĆ - Commission européenne

Question de M. Ivan Vilibor SINČIĆ, M. Mislav KOLAKUŠIĆ,

Diffusée le 22 mars 2021

Subject: Entry into the Schengen area of the Republic of Croatia and ensuring the equality of its citizens with EU and Schengen area citizens

Given that:

four EU Member States (Slovenia, Italy, Austria and Hungary) have announced the establishment of joint controls at the Croatian-Slovenian border, which is an internal border of the European Union;

the European Union guarantees, on the basis of the Treaty on the Functioning of the European Union, an area of freedom, security and justice without internal borders for all its citizens;

the European Union has a duty to develop a policy aimed at ensuring that persons, irrespective of nationality, are not subjected to checks when crossing internal borders;

the Republic of Croatia fulfils all the technical conditions for entering the Schengen area;

we should like to put the following questions to the Commission:

1. What will the Commission do to complete Croatia’s admission to the Schengen area?

2. What will the Commission do to ensure equality between Croatian citizens and the citizens of other Member States and members of the Schengen Agreement?

3. What will the Commission do to protect Croatia’s more than 1000km-long border with Bosnia and Herzegovina and Serbia, which is also an external border of the European Union?

Réponse - Commission européenne

Diffusée le 25 mai 2021

Answer given by Ms Johansson on behalf of the European Commission

(26 May 2021)

In 2019, following the evaluation of Croatia to verify whether it meets the standards required to allow for full application of the Schengen acquis, the Commission adopted a communication (1) concluding that Croatia complies with the necessary conditions and is ready for full participation in the area without controls at internal borders, as provided for under the Act governing its accession to the European Union. However, in accordance with this Act, the final decision on Croatia’s accession to the Schengen area without controls at internal borders is to be taken by the Council. In its communication, the Commission invited the Council to engage in discussion with the aim of integrating Croatia into the Schengen area.

Article 21 of the Treaty on the Functioning of the European Union confers a right on all Union citizens to move and reside freely within the territory of the Member States. The pending accession of Croatia to the Schengen area without controls at internal borders does not undermine the rights of free movement as enshrined in the Treaties.

In accordance with Union law, Member States shall retain primary responsibility for the management of their sections of the external borders. The Commission and the European Border and Coast Guard Agency (Frontex) stand ready to provide support in accordance with their respective mandate. Croatia is benefitting under the Internal Security Fund — Borders and Visa from a total amount of more than EUR 88.1 million in the period 2014-2020 aimed to support the protection and management of the external borders.

⋅1∙ Communication from the Commission the European Parliament and the Council of 22 October 2019 on the verification of the full application of the Schengen

acquis by Croatia, COM(2019) 497 final.

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