Mon. Dec 23rd, 2024

Strasbourg, 6 February 2024

  • Border controls reinstated as a last resort, with risk assessments
  • Targeted rules for large-scale health-emergencies

On Tuesday, Parliament and Council reached an agreement on reforming the Schengen Borders Code.

The reform aims to strengthen free movement within the Schengen area, clarify rules, and reduce the amount of temporarily reinstated border controls inside the zone.

Under the new rules, Schengen states can respond to a serious threat to public policy or internal security, for example involving terrorism or organised crime, by authorising temporary border controls. MEPs secured a maximum limit of maintaining border controls for two years, with a possible further prolongation of one year.

In the case of a public health emergency that concerns several members at a time, and puts at risk the functioning of the entire Schengen area, the Commission can authorise border controls for periods of six months.

Before taking the decision to re-introduce border controls, the member states needs to assess the effectiveness, proportionality and side effects of such a decision, and after six months, draw up a risk assessment. When a state has notified others of its intention to reinstate border controls, the Commission can launch consultations between that state and its neighbours.

Targeted solutions instead of blanket border controls

To ensure a coherent response to large-scale health emergencies on the basis of experiences from the Covid-19 pandemic, the law foresees harmonised rules for entering the EU from third countries in such situations. This approach would exempt EU citizens and residents benefitting from free movement and essential travel from such restrictions.

As an alternative to border controls, the new rules would promote police cooperation in border regions. Where third-country nationals with irregular status are apprehended during joint patrols and there is evidence they have arrived directly from another EU country, these people may be transferred to the other EU country if it participates in joint patrols. MEPs successfully pushed for additional safeguards for transferring minors, whose best interests need to be taken into account by both parties to the transfer.

The reform also includes provisions for situations where third countries attempt to instrumentalise migration. Referring to the definition of instrumentalisation in the Crisis situations regulation, it lays out procedures available to Schengen countries in these situations, including the limiting of border-crossing points.

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Rapporteur Sylvie Guillaume (S&D, France) said: “The Schengen area is one of our most cherished achievements, at the very heart of the EU project, allowing unrestricted travel for more than 400 million people. With this agreement, we have protected the free movement of persons while responding to the challenges that the Schengen Area has faced over the last ten years. We have insisted on clear and limited time lines for internal border controls, criteria for Member States to follow if they want to reintroduce internal border controls, and we have laid down harmonised procedures to be applied at external borders in cases of future pandemics. That is why I am satisfied with the outcome reached this evening.”

Background and next steps

In a judgment in April 2023, the Court of Justice of the European Union ruled that border controls re-installed because of serious threats may not exceed six months, and can only be extended when a new threat arises, unless there are exceptional circumstances putting the overall functioning of the Schengen area at risk.

Next, the provisional agreement needs to be formally adopted by the Parliament and Council before it can enter into law.


EU Commission welcomes the political agreement on new rules for a more resilient Schengen area

The Commission welcomes the political agreement reached today between the European Parliament and the Council on new rules for the Schengen Borders Code. This Regulation will strengthen EU coordination to deal with challenges at the EU external borders as well as cross-border health and security threats.

The Schengen area has faced various challenges over recent years, from the COVID-19 pandemic to security threats such as terrorism, drug trafficking and organised crime, to irregular migration. Such developments require an updated Schengen rulebook.

The Commission proposed to update and revise the Schengen Borders Code in December 2021. The aim of the reform is to complete the range of tools necessary to ensure the proper functioning of the Schengen area, both at the external and internal borders.

Today’s agreement includes the following measures to strengthen the Schengen Borders Code:

  • Stronger external borders, with border measures to address the instrumentalisation of migrants.
  • Reinforced framework for the use of cross-border police cooperation in border regions as an alternative to internal border controls.
  • A revised framework for the possible reintroduction of internal border controls as a last resort measure, in a structured system with defined time limits and increased safeguards.
  • New transfer procedure for irregular migrants, to assist Member States in dealing with secondary movements within the EU.
  • Travel restrictions for third country nationals at the EU’s external borders during major health emergencies with common and simplified rules for limiting travel by non-EU nationals.
Next steps

The Regulation must now be formally adopted by the European Parliament and the Council. It will enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Background

Schengen is the largest area of borderless travel in the world. Hundreds of millions of people cross the EU’s external borders every year, safely and smoothly, making the EU the most welcoming destination in the world. The Schengen area comprises 27 countries and extends over 4 million square kilometers with a population of over 420 million people. With Romania and Bulgaria as of 31 March 2024, the Schengen area will grow to 4.5 million square kilometers with a population of 450 million.

There is a clear need to boost Schengen’s resilience to serious threats and adapt the Schengen rules to evolving challenges. This is why the Commission announced in its New Pact on Migration and Asylum as well as in the June 2021 Strategy towards a fully functioning and resilient Schengen area, that it would propose to revise the Schengen Borders Code. In December 2021, the Commission presented the updated rules to reinforce the resilience of the Schengen area, including the revision of the Schengen Borders Code.

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Schengen’s future must be marked by continued commitment to preserve and fortify this essential freedom and driver of economic growth. The new rules agreed today will help keep Schengen fit for the modern age: codifying the lessons learnt during the COVID-19 pandemic at both the external and internal borders, addressing small but constant numbers of unauthorised movements of irregular migrants, equipping Member States to tackle instrumentalisation situations and streamlining the rules for reintroducing internal controls by adding new safeguards and promoting alternatives to border controls.

Margaritis Schinas, Vice-President for Promoting our European Way of Life

The pandemic has shown very clearly that the Schengen area is key for our economies and societies. With this agreement, we are moving forward to ensure that border controls are introduced as a last resort, based on a common assessment and for only as long as needed. Furthermore, the measures proposed will allow us to manage the EU’s external borders together, including in situations where migrants are instrumentalised for political purposes. The update of the Schengen Borders Code will give Member States the tools to address the challenges they face.

Ylva Johansson, Commissioner for Home Affairs
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