European Union closes an agreement on the revision of the Schengen Code

The European institutions reached an agreement this Tuesday on the revision of the Code Schengen to be able to respond to new threats, such as the use of migrants as a political weapon and reduce temporary border closures between the countries of the EU.

“Smooth movement across our internal borders and the security of our external borders are the two cornerstones of the Schengen area. The agreement reached today to review the Schengen borders code will clarify and strengthen these two pillars”said Belgian Interior Minister Annelies Verlinden, whose country presides over the EU this semester.

Implementation of migration

Following what happened in Belarus in 2021, the EU has decided to take measures to respond to the threat of a hybrid war.

The new rules will allow countries to take measures to manage the EU’s external borders, for example by limiting the number of border crossings, reducing opening hours and intensifying border surveillance.

The agreed text clarifies and strengthens the framework for the reintroduction and extension of internal border controls.

Under the new rules, if threats to public order or security are unforeseeable, controls can be introduced immediately, which must be notified at the same time to the Commission, other Member States and the European Parliament.

In that case, they will be limited to a maximum period of one month and may only be extended for a maximum of three months.

Another case is foreseeable threats.

In this case, they may remain in force for a period of up to six months and be extended for renewable periods of six months, with a maximum duration of two years.

In major exceptional situations due to a persistent threat, internal border controls may be extended for more than two years, for a maximum of six additional months, renewable once for a total duration of one year.

Alternatives to internal border controls

Rules are also foreseen to promote effective alternatives to internal border controls.

A new procedure is included to respond to “unauthorized movements” in joint police operations and allowing Member States to review existing readmission agreements between them or conclude pacts.

Under the new Schengen border code, the Council can adopt a decision to allow temporary travel restrictions at the external border if a large-scale public health emergency occurs.

During the pandemic, the EU was only able to issue non-binding recommendations to member states.

The decision may also include health-related travel restrictions such as testing, quarantine and self-isolation.

Today’s agreement has yet to be formally adopted by the European institutions.