The agreement between the Council of the European Union and the European Parliament on updating the EU Borders Code is a significant development that reflects the European Union's efforts to strengthen and control its external borders. Find out more about the main aspects of this agreement

Belgium's representatives in the EU Council, together with the European Parliament, have reached a preliminary agreement on amendments to EU legislation governing the Schengen area at the external and internal borders. The agreed changes, once approved and formally adopted by both institutions, will help improve coordination within the EU and provide a more effective toolkit in case of problems at the EU's borders.

The objectives of the revised Schengen Code are to ensure unimpeded movement across internal borders and to strengthen the security of external borders. The agreement reached today aims to clarify and reinforce these basic principles that underpin the Schengen area.

The agreement reflects the importance of cooperation between EU member states in matters of security and free movement of persons within the Union. It is designed to provide greater certainty and stability within the European Union, contributing to the further development and maintenance of the values on which the European project is based.

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Fighting the instrumentalisation of EU migration flows

The proposed revision of the Schengen Borders Code introduces new measures to effectively manage the EU's external borders, especially in a context where migration is used for political purposes. These measures include limiting the number of border crossing points or reducing their opening hours.

Instrumentalisation, defined as a situation where third countries or non-state actors encourage or facilitate the flow of third-country nationals to the EU's external borders with the aim of destabilising the EU or a Member State, is becoming a serious challenge to security and stability. The updated Schengen Code aims to control this process and prevent possible threats to European integration and security.

Restoring EU internal border controls

The agreed text on internal border controls in the EU provides Member States with a framework for re-introducing and continuing these controls in the event of serious threats to public policy or internal security. According to the new rules, Member States may re-introduce controls on an exceptional basis, assessing the necessity and proportionality of such a measure and considering alternative options.

In the event of unforeseen threats to the state or security, control measures may be imposed immediately, with simultaneous notification to the Commission and other Member States. Such controls are limited to a period of up to one month, but may be extended for three months.

In the case of foreseeable threats, the control may remain in force for six months and may then be extended for a period of up to two years. In exceptional situations, where the threat is permanent, control can be extended even for a period of more than two years, but not more than one year after the extension, not exceeding two years in total.

Promoting the use of alternative measures to secure the EU's borders

The updated Schengen Borders Code defines alternative internal border control measures that will allow EU Member States to effectively control border crossings and ensure security in the free movement area. This will avoid the reintroduction of internal border controls and ensure security and free movement within the Schengen area.

The new code also provides for alternative measures to combat the illegal movement of third-country nationals staying in the Schengen area. Member States will have the possibility to transfer such persons to the country of origin within the framework of bilateral cooperation.

In addition, the new code allows the Council to decide on temporary restrictions at the external border in the event of a large-scale public health emergency, as was the case during the COVID-19 pandemic. These restrictions may include testing, quarantine and self-isolation, but certain categories of persons will be exempted.

The decision may also include health-related travel restrictions such as testing, quarantine and self-isolation. Certain categories of people, such as persons enjoying the right of free movement, long-term residents and beneficiaries of international protection, will be exempt from entry restrictions.

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Igor Usyk - Head of Migration department at VisitWorld

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