ECRE Comments on the Regulation of the European Parliament and of the Council Amending Regulation (Eu) 2016/399 on a Union Code on the Rules Governing the Movement of Persons Across Borders

ECRE has published a comments paper on the Regulation amending the Union Code on the rules governing the movement of persons across borders, commonly known as the Schengen Borders Code (SBC).

This comments paper includes ECRE’s analysis of the changes that were introduced during the latest reform of the SBC which started in December 2021 and was concluded in June 2024. It should be read together with the comments paper on the proposal to amend the SBC and the policy note on the SBC amendments.

The proposed amendments corresponded to the particular context at the end of 2021. First, provisions related to pandemics and health emergencies aimed at applying the learning from the Covid-19 pandemic and the related travel restrictions and management of borders in the Schengen area. Second, revisions of rules applicable to the application and prolongation of border checks and related activities not classed as border checks, given the persistent and ongoing use of internal border checks by certain member states. Third, the introduction of the concept of instrumentalisation of migration as a response to the situation of people arriving at the EU’s border with Belarus. In addition, a transfer procedure for people apprehended at internal borders was also proposed.

ECRE has paid particular attention to provisions related to the crossing of external borders, the closure of border crossings or the limiting of their opening hours, the inclusion of instrumentalisation of migration, the expansion of border surveillance, restrictions of travel to the EU in times of health emergencies, checks within the territory in border areas and a new optional procedure for the transfer of people apprehended at the internal border.

The comments paper also includes implementation considerations and recommendations to member states, the European Commission and the European Parliament.