Schengen acquis

The first possible date for implementing the Schengen acquis in new member states is October 2007. Before that date, the necessary criteria must be met (organisational, staffing, legislation), and the new generation Schengen information system SIS II must be set up. New member states will be able to implement the Schengen acquis fully, in line with Article 3 (2) of the Act of Accession, only after the Council of the EU has adopted the relevant measures.

In the Republic of Slovenia, the project of establishing border controls in line with the Schengen standards has been underway since 1999. Between 1999 and 2001, the project was conducted mainly on a conceptual level; two so-called twinning projects were carried out in collaboration with Austrian and German experts. The first twinning project (1999-2000) focused on the organisation of border police, border control, equipment, IT, education, staffing, airports, and sea borders. The second twinning project (2000-2001) focused on harmonising Slovenian and Schengen legislation, drafting a new National Border Control Act and bilateral agreements, police training, and the setting up of the necessary IT and telecommunications equipment. In October 2003, a twinning light project was organised for trainers-multiplicators, who, in March 2004, launched training programmes for police staff on European legislation and the Schengen acquis, protection of state borders, border controls, and countervailing measures. That year also saw a twinning project on the prevention of organised cross-border crime, organised in collaboration with Spanish colleagues.

As part of the preparations for EU membership, the Government of the Republic of Slovenia approved the Implementation Plan for the Application of the Schengen Standards for the Surveillance of the EU External Border, at the 28th session on 24 May 2001. This plan was the basis for a range of activities conducted until 2005 and aimed at ensuring that Slovenia would implement the Schengen standards of the external EU border control, which would facilitate the elimination of border controls on internal EU borders. A special government inter-sectoral working group also drew up a report on the Implementation Plan, which stipulated that the government would need to approve a new implementation plan, as according to the one from 2001, the Republic of Slovenia would be ready to implement the Schengen acquis by 2005. The expected delay of the accession of contracting states and new members into the SIS II in 2007 caused the government to approve the amended Implementation Plan for the Application of the Schengen Standards for the Surveillance of the EU External Border for the period 2005-2007 at the 30th session, on 23 June 2005. This plan stipulates a set of measures which the Republic of Slovenia must realise in order to fully implement the Schengen acquis, and the technical standards for external EU border controls. The aim of the Implementation Plan is to adjust the schedule of adopting the necessary measures to the expected full implementation of the Schengen acquis, while observing new knowledge about the necessary material and technical means, equipment, staff, and of the resources. The amended Implementation Plan also includes an estimate of the required funds for the period 2005-2007. Before joining the EU, Slovenia received funds from the Phare programme, and also used regular budgetary funds. As an EU member, Slovenia is also entitled to draw funds from a temporary Schengen Facility programme to finance staff training responsible for the implementation of the Acquis Communautaire and the Schengen Acquis.

Both implementation plans give a comprehensive outline of the tasks of individual ministries pertaining to the harmonisation of Slovenian legislation with the acquis communautaire; co-ordination of Slovenia's visa policy with Schengen standards; the implementation of provisions of the Schengen Agreement relating to data protection; the programme for developing infrastructure on the future external EU borders; the implementation of organisational and personnel structure for border controls; education and training of staff to carry out Schengen standards; the setting up of an IT and telecommunications system, and operation of SIS II; establishing the necessary forms of international cooperation; technical equipment and construction of new or renovation of existing facilities for border controls; measures to be implemented at airports, the sea port, and on the mainland; and activities relating to the assessment of progress by special Schengen commissions comprised of representatives from EU members, the General Secretariat of the Council of the EU, and the European Commission.

Harmonisation with the acquis communautaire yielded amendments to the National Border Control Act, Police Act, Aliens Act, and subordinate legal acts. Agreements on cross-border police cooperation with the EU neighbouring countries needed to be drawn up. An agreement has already been signed with Austria, and one is about to be signed with Hungary, while an agreement with Italy is still in the preparatory stages. In the field of human resources logistics, procedures which will facilitate final adjustments to the organisational structure, and recruiting staff for the purpose of protecting the external Schengen border are underway. To harmonise the implementation of procedures arising from the provisions of the Schengen acquis, special emphasis has been paid to education and training, which are being carried out under a unified programme at the Police Academy, and within the framework of the Police Directorate, with the help of multiplier training. In the second half of 2006 a twinning light project was organised in cooperation with a foreign partner to train criminal police officers and shift managers to carry out tasks pertaining to compensatory measures. Establishing an information system is proceeding according to plans: in 2006, the setting up of an alternate computer centre is planned, while certain tasks depend on the development of SIS II. In addition to other forms of international cooperation, a SIRENE bureau has been established within the police force which ensures the exchange of information between different countries. In 2005 a trilateral centre for police cooperation was established in Vrata Megvarje/Thörl Maglern. In line with national legislation, technical equipment for border monitoring is being purchased with the help of the Phare and Schengen Facility funds. Slovenia is constructing the necessary infrastructure and buildings for border protection and control, which will be set up according to schedule.

In line with the resolution of the Council of the EU ''Towards a New Programme of Schengen Evaluation'', adopted on 2 December 2004, evaluation of the readiness of the new EU member states began in 2006. The Republic of Slovenia expressed willingness to cooperate in a letter to the General Secretariat of the Council of the EU, in which Mr Dragutin Mate, Minister of the Interior, announced that Slovenia was ready for an evaluation on preparedness for the full acceptance of the Schengen acquis, which facilitated the evaluation preparations. The General Secretariat of the Council of the EU sent a special questionnaire which covered all elements of evaluation. After submitting answers to the questions and presenting the method of adopting Schengen standards, special evaluation committees began to assess police cooperation, data protection, visa policies, sea borders, land borders, and airports. After assessing a particular area, the expert committees draw up a report of their findings, comments, and recommendations. When all areas have been evaluated, the SCH-VAL working group at the Council of the EU prepares a joint report and recommendations, which it then presents to the Council of the EU. Finally, the Council adopts the findings on Schengen evaluation. In 2007, after connecting to SIS, its implementation is also assessed. Within the framework of planned activities and deadlines, Slovenia could fully implement the Schengen acquis in October 2007.

Prepared by the Ministry of the Interior