Proposal for a Regulation amending Regulation (EU) 2016/399 on a Union Code on the rules governing the movement of persons across borders

Author (Corporate)
Series Details COM (2021) 891
Publication Date 14/12/2021
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Legislative initiative tabled by the European Commission on 14 December 2021, introducing amendments to Regulation (EU) 2016/399 on the rules governing the movement of persons across borders.

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Regulation (EU) 2016/399 sets out the so-called Schengen Borders Code (SBC), which is a set of rules on crossing the European Union's external borders and the absence of border controls at internal borders.

The Schengen area has been put to test by a number of challenges over the years, not least those caused by the migration crisis and the COVID-19 (coronavirus) pandemic. Those challenges were seen to have undermined a climate of trust required to sustain an area free from internal border controls. The European Commission vowed to complete the range of tools necessary to ensure the proper functioning of the Schengen area in order to put the ecosystem of rules back into balance and restore and reinforce mutual trust between Member States.

This draft law was published as part of that effort and it is a deliverable in the framework of the Roadmap for a New Pact on Migration and Asylum. It is also in line with the Commission's Strategy on future of Schengen. It is aimed at reinforcing the governance of the Schengen area. The proposed amendments seek to ensure that reintroducing internal border controls remains a measure of last resort. They also introduce common tools to manage the external borders more efficiently in case of a public health crisis.

It was tabled by the European Commission on 14 December 2021 alongside an initiative addressing instrumentalisation in the fields of migration and asylum.

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Politico, 14/12/2021: Commission calls for tougher border rules to tackle migrants, disease and terrorists
EUObserver, 15/12/2021: Police stopping migrants can help save Schengen, EU says

European Commission: Press Release, 14/12/2021: Schengen: New rules to make the area without internal border controls more resilient
European Commission: Adapting Schengen to evolving challenges: Questions and Answers (14 December 2021)
EPP EP Group: Newsroom, 14/12/2021: Schengen border management needs rules for COVID and for Belarus hybrid attacks
GUE/NGL EP Group: News, 14/12/2021: Commission Schengen proposals a major setback for fundamental rights

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