The Council of the European Union has approved an update to the Schengen Borders Code, which is the set of rules for managing borders in the EU.
This update aims to make the Schengen area stronger against current and future problems at its borders while allowing people in the EU to enjoy travel without border checks.
Council adopts Schengen border rules
The new rules allow the EU to limit the entry of people from non-EU countries during major public health emergencies.
They also create procedures to manage the movement of migrants between EU countries and to prevent the misuse of migration.
The rules clarify when border controls can be reintroduced, making sure it is only a last resort.
In a press release, Belgian Minister of the Interior Annelies Verlinden said these updates provide tools to keep travel within the Schengen area borderless while securing external borders and addressing issues like irregular migration and public health risks.
Harmonized travel restrictions in crises
In case of a major public health crisis, the new Schengen Code allows the EU to temporarily restrict travel from non-EU countries.
During the COVID-19 pandemic, the EU could only suggest travel restrictions to member countries.
Now, the Council can also require testing, quarantine, and other health measures for non-EU citizens entering the EU.
To handle issues with migration, the updated code allows countries to limit the number of border crossing points, reduce their operating hours, and increase border surveillance.
It also clarifies when and how internal border controls can be reintroduced or extended if there are serious threats to public safety or security.
Countries must evaluate whether reintroducing border controls is necessary and whether other options can achieve the same goals.
The new rules limit internal border controls to a maximum of two years. In major exceptional situations, they can be extended by an additional six months, renewable once, for a total of one more year.
Measures to limit internal borders
Using other methods like police checks and cross-border cooperation should greatly reduce the need to reintroduce temporary internal border controls.
These methods must be different from the regular checks at the external borders.
A new procedure allows one EU country to send third-country nationals, who are caught staying illegally near borders, back to the EU country they came from. This transfer must be done through an agreement between the two countries.
The new regulation becomes effective 20 days after it is published in the Official Journal of the European Union. It will apply directly to all EU countries.
The European Commission proposed these updates in December 2021, and the Council Presidency and European Parliament reached an agreement this February.
Streamlined travel authorization
The updated Schengen Borders Code will work together with the European Travel Information and Authorization System (ETIAS), which will start in mid-2025.
The ETIAS is a mandatory pre-travel check for visitors from countries that don't need Schengen visas. It aims to improve security by checking travelers before they enter the Schengen area.
For EU visitors, the new Schengen rules and ETIAS will make travel smoother and safer. Travelers will need to fill out a simple ETIAS online application before their trip.
The system will check their information against security databases to identify any potential migration or security risks in advance.
Flexible framework for member states
The reformed Schengen Borders Code gives EU countries a flexible way to handle changing migration and security challenges.
In crisis situations, it allows for quick, unified actions like temporary entry restrictions from non-EU countries.
This helps countries respond effectively while keeping the benefits of borderless Schengen travel.
The ETIAS system adds to this by providing advanced information for assessing risks and making informed border management decisions.
For immigrants such as families, investors, digital nomads, and students, the updated policies show the EU’s commitment to smooth entry processes while ensuring public safety and security.
Member states can still adjust their visa and immigration policies based on their own priorities within the overall EU framework.
Balancing Schengen resilience, benefits
One of the EU’s greatest achievements is the Schengen Area, which allows people to travel between member countries without border checks.
The new Schengen Borders Code aims to give countries the tools to maintain this borderless travel even during crises, while also securing the external borders and addressing issues like irregular migration and public health threats.
The updated code introduces unified crisis response measures, clearer rules for internal border controls, alternative security methods, and new procedures for managing migration.
The goal is to keep the Schengen area strong and resilient, ensuring it can handle future challenges while continuing to provide the benefits of free movement to millions of people living in and visiting the EU.