EU Strengthens Schengen Borders Code with Focus on Crisis Resilience and Free Movement
Brussels, May 24, 2024
The Schengen Council of the European Union has adopted a revised Schengen Borders Code, the rulebook governing border management and movement of people within the Schengen Area. This reform aims to bolster the EU’s response to external border crises while safeguarding the benefits of borderless travel for European citizens.
Key Measures
Enhanced Public Health Response
- The new EU code allows temporary travel restrictions.
- It targets emergencies at external borders.
- This fixes issues from the COVID-19 pandemic.
- EU could only recommend before, not enforce.
- Council can now require health checks for visitors.
Combating Migration Instrumentalization
- EU can limit border crossings.
- Hours may be cut to control migration.
- Enhanced border surveillance is also allowed.
Clarified Internal Border Controls
The revised code clarifies the framework for reintroducing and extending internal border controls, a measure permissible in the face of serious threats to public order or internal security. Member states are obligated to assess the necessity and proportionality of such actions, exploring alternative measures before resorting to border controls.
Streamlined Migrant Transfer Procedures
A new transfer mechanism facilitates the return of illegally-staying third-country nationals apprehended in border areas to the member state they initially arrived from, provided a bilateral cooperation framework exists.
Implementation and Background
This regulation comes into effect 20 days after its publication in the EU Official Journal. It will be directly applicable in all EU member states.
The European Commission proposed the revised code on December 14, 2021. Negotiations between the Council presidency and the European Parliament (led by rapporteur Sylvia Guillaume) culminated in a provisional agreement on February 6, 2024.