![Revision of the Schengen Borders Code [EU Legislation in Progress]](https://i0.wp.com/epthinktank.eu/wp-content/uploads/2022/04/EPRS-Briefing-729390-Revision-Schengen-Borders-Code-FINAL.png?fit=1024%2C681&ssl=1)
Written by Costica Dumbrava (3rd edition, updated on 03.07.2024).
In December 2021, the European Commission presented a proposal to amend the Schengen Borders Code, which lays down the rules governing controls at the EU internal and external borders. While debates on the reform of Schengen have been going on for a while, recent challenges – relating to the coronavirus pandemic on the one hand, and attempts to instrumentalise migrants as a way to put pressure on the EU’s external borders, on the other – have brought new momentum for reform.
The Commission’s proposal is designed to improve the Schengen system’s resilience to serious threats and adapt it to new challenges. It introduces a new coordination mechanism to deal with health threats at the external borders and a new Schengen safeguard mechanism to provide a common response at the internal borders in situations of threats affecting Member States, including the possibility to transfer irregular migrants apprehended at the internal borders directly back to the competent authorities in the EU country from which it is assumed they just came, without undergoing an individual assessment.
The co-legislators reached a provisional agreement on the proposal in February 2024. The agreed text was adopted by the European Parliament in April and by the Council in May. Published in the Official Journal on 20 June, the new regulation enters into force in July 2024.
Complete version
- July 2024: Revision of the Schengen Borders Code (3rd edition)
| Proposal for a Regulation amending Regulation (EU) 2016/399 on a Union Code on the rules governing the movement of persons across borders |
| Committee responsible: | Committee on Civil Liberties, Justice and Home Affairs (LIBE) | COM(2021) 891 14.12.2021 |
| Rapporteur: | Sylvie Guillaume (S&D, France) | 2021/0428(COD) |
| Shadow rapporteurs: | Sara Skyttedal (EPP, Sweden) Malik Azmani (Renew, Netherlands) Erik Marquardt (Greens/EFA, Germany) Anders Vistisen (ID, Denmark) Charlie Weimers (ECR, Sweden) Anne-Sophie Pelletier (GUE/NGL, France) | Ordinary legislative procedure (COD) (Parliament and Council on equal footing – formerly ‘co-decision’) |
| Procedure completed. Regulation (EU) 2024/1717 OJ L, 2024/1717, 20.6.2024 |
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