BETA


Events

2024/06/20
   Final act published in Official Journal
2024/06/13
   CSL - Draft final act
Documents
2024/06/13
   CSL - Final act signed
2024/05/24
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2024/04/24
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 311 votes to 267, with 53 abstentions, a legislative resolution on the proposal for a 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.

The European Parliament’s position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:

Instrumentalisation of migrants

The amended text stated that Member States may, where a large number of migrants attempt to cross their external borders in an unauthorised manner, en masse and using force, take the necessary measures to preserve security, law and order. They may, in particular in a situation of instrumentalisation of migrants, temporarily close, or limit the opening hours of, specific border crossing points , where the circumstances so require.

Furthermore, humanitarian assistance should not be considered as instrumentalisation of migrants when there is no aim to destabilise the Union or a Member State.

Border surveillance

The main purpose of border surveillance should be to prevent or detect unauthorised border crossings, to contribute to raising situational awareness, to counter cross-border criminality and to take measures against persons who have crossed the border illegally. It should also involve the carrying out of risk analyses.

Temporary restrictions on travel to the Union

The Council, on the basis of a proposal by the Commission, may adopt an implementing Regulation providing for temporary restrictions on travel to the Member States to be applied at the external borders in the event of large-scale public health emergencies . Temporary restrictions on travel may include temporary restrictions on entry to the Member States and temporary health-related restrictions that are necessary for the protection of public health in the area without internal border control. Those temporary health related restrictions may include testing, quarantine and self-isolation. Temporary restrictions on travel to the Union should be proportionate and non-discriminatory and should not have a negative impact on the functioning of the area without internal border control.

Restrictions on entry to the Member States for persons undertaking essential travel should be imposed only exceptionally , for a strictly limited period of time, until sufficient information about the large-scale public health emergencies, is available and until the Council, on a proposal by the Commission, identifies and adopts alternative health-related restrictions that are necessary to protect public health and that are to be applied to those persons.

Procedure for transferring persons apprehended in internal border areas

Where the national law enforcement authorities of a Member State apprehend third-country nationals who do not have the right to stay in that Member State, in border areas, during checks involving the competent authorities in the framework of bilateral cooperation, which may include, in particular, joint police patrols, these authorities will have the possibility to transfer the third-country nationals to the Member State from which they entered the transferring Member State, provided that the third-country nationals do not have the right to stay in the transferring Member State.

The transfer procedure should not apply to asylum seekers or beneficiaries of international protection . When transferring a third-country national presumed to be a minor , the transferring Member State should inform the receiving Member State of this presumption and both Member States will have to ensure that all measures are taken in the best interests of the child and in accordance with their respective national law.

Third-country nationals apprehended in border areas and transferred as part of the procedure must have a right of appeal .

General framework for the temporary reintroduction or prolongation of border control at internal borders

Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders.

A serious threat to public policy or internal security may, in particular, be considered to arise from: (i) terrorist incidents or threats , and threats posed by serious organised crime; (ii) an exceptional situation characterised by sudden large-scale unauthorised movements of third-country nationals between the Member States, putting a substantial strain on the overall resources and capacities of well-prepared competent authorities and which is likely to put at risk the overall functioning of the area without internal border control.

In all cases, border control at internal borders should be reintroduced only as a measure of last resort . The scope and duration of the temporary reintroduction of border control should not exceed what is strictly necessary to respond to the serious threat identified. Border control may only be reintroduced or prolonged where a Member State has established that such a measure is necessary and proportionate.

Where a Member State considers that there is a major exceptional situation with regard to a persisting serious threat justifying the continued need for border control at internal borders in excess of the maximum period of six months, it should notify the European Parliament, the Council and the Commission and the other Member States of its intention to prolong internal border control for an additional period of up to 6 months.

That notification should include a risk assessment. Within 3 months after the notification, the Commission should issue a new opinion on the necessity and proportionality of the prolongation of border control at internal borders.

Where, in the event of a major exceptional situation, the continuing need to maintain border control at internal borders is confirmed but the additional period of six months is not sufficient to ensure the availability of other effective measures to deal with the continuing threat, a Member State may decide to extend border control at internal borders for a second and final additional period of no more than six months.

In exceptional circumstances and under certain conditions Member States should be able to prolong border control at internal borders for two further periods of six months.

Documents
2024/03/19
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2024/02/14
   CSL - Coreper letter confirming interinstitutional agreement
2024/02/14
   EP - Text agreed during interinstitutional negotiations
Documents
2023/10/05
   EP - Results of vote in Parliament
2023/10/05
   EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71 - vote)
2023/10/02
   EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/09/27
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Sylvie GUILLAUME (S&D, FR) on the proposal for a 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.

The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:

Restrictions on travel to the European Union

The amended text called for a more coherent EU response in cases of large-scale public cross-border health emergencies , allowing temporary restrictions on entry into the Schengen area, but exempting EU citizens, long-term residents and asylum seekers.

Procedure for transferring persons apprehended at the internal borders

The procedure by which a Member State may transfer third country nationals with no right to stay to a Member State from where the person came directly should take place swiftly but be limited and subject to safeguards. Concerning irregular migrants apprehended at the internal borders as part of cross-border police operational cooperation to the Member States from where they come directly, Members stated that several categories should be excluded, including unaccompanied minors or members of their family arriving together , from such returns.

Moreover, the procedure should also not apply to third-country nationals who are holders of long-term residence permits or their family members, third-country nationals who enjoy the right to free movement in the Union, third-country nationals who are holders of valid long-stay visas and their family members in accordance with national law, third country nationals who are holders of a valid short stay visa or to third country nationals who are entitled to visa-free travel within the Schengen Area in so far as they have been on the territory for less than 90 days in any 180-day period.

Border surveillance

The main purpose of border surveillance should be to prevent unauthorised border crossings, to provide situational awareness, to counter cross-border criminality and to take measures against persons who have crossed the border irregularly. Surveillance between border crossing points should be carried out by border guards whose numbers and methods should be adapted to existing or foreseen risks and threats, including the possible risk to life of those seeking to cross the border.

General framework for the temporary reintroduction or prolongation of border control at internal borders

Members extended the scope of threats that may lead to the unilateral reintroduction of border controls at internal borders and circumstances under which internal border controls can be prolonged. For example, a serious threat to public policy or internal security may be considered to arise from, in particular:

- an identified and immediate threat of acts of terrorism or of serious organised crime;

- an exceptional situation in which there is an unexpected and sudden large-scale unauthorised movement of third-country nationals between Member States , putting at risk the overall functioning of the area without internal border control.

Procedure for the temporary reintroduction or prolongation of border control at internal borders

The amended text stipulates that border control at internal borders may be reintroduced for a period of up to three months. Where Member States reintroduce controls at internal borders because of foreseeable threats, they should be able to do so for a period of three months, renewable up to a maximum of 18 months.

Criteria for the temporary reintroduction and prolongation of border control at internal border

To establish whether the reintroduction or prolongation of border control at internal borders is necessary and proportionate, a Member State should first assess in particular:

- whether the reintroduction of border controls at internal borders is likely to adequately remedy the serious threat to public policy or internal security;

- whether measures other than the temporary reintroduction of border control at internal borders are likely to sufficiently remedy the serious threat to public policy or internal security;

- the use of alternative measures such as proportionate police checks;

- other forms of police cooperation provided for under Union law, including on matters such as joint patrols, joint operations, joint investigation teams, cross-border hot pursuits or cross-border surveillance.

Where a Member State decides to prolong the border control at internal borders beyond a period of six months, it should carry out a risk assessment.

Documents
2023/09/20
   EP - Vote in committee, 1st reading
2023/09/20
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2022/12/12
   EP - Amendments tabled in committee
Documents
2022/12/09
   EP - Amendments tabled in committee
Documents
2022/11/08
   EP - Committee draft report
Documents
2022/10/12
   CofR - Committee of the Regions: opinion
Documents
2022/05/18
   ESC - Economic and Social Committee: opinion, report
Documents
2022/03/31
   EP - GUILLAUME Sylvie (S&D) appointed as rapporteur in LIBE
2022/02/14
   EP - Committee referral announced in Parliament, 1st reading
2021/12/16
   EC - Document attached to the procedure
Documents
2021/12/15
   EC - Document attached to the procedure
2021/12/15
   EC - Document attached to the procedure
2021/12/15
   EC - Legislative proposal published
Details

PURPOSE: to strengthen the Schengen area’s resilience to serious threats and adapt the Schengen rules to the evolving challenges.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: the area without internal border controls (the ‘Schengen area’) is an essential element of the area of freedom, security and justice and a key element for the functioning of the single market. It is one of the greatest achievements of European integration.

The COVID-19 pandemic, the migratory crisis of 2015 as well as increased terrorist threats have put the Schengen area to the test in recent years . In response to these challenges, some Member States decided to reintroduce border checks at some or all of their internal borders, at times jeopardising the proper functioning of the Single Market.

A well-functioning Schengen area requires rules to be applied in a uniform way , both at the external and internal borders. It relies on trust among the Member States, efficient controls of the external borders and alternative measures on the territory of the Member States in order to assure a high level of security within the Schengen area, in the absence of internal border controls.

In view of the emerging challenges to the Schengen area, a number of targeted changes to the current rules set out in the Schengen Borders Code are required in relation to both external and internal borders as well as in relation to the powers exercised within the Member States’ territories, without putting into question the division of responsibilities between the Union and the Member States.

In view of the above, there is an urgent need to address problems affecting the external and internal borders of the Schengen area related to the following:

- measures at the external borders to address threats related to the major public health threats such as pandemics and instances of instrumentalisation of migrants;

- conditions for the reintroduction of border checks at internal borders and use of other measures to their full potential to ensure a sufficiently high level of security without needing to resort to internal border controls.

CONTENT: the proposal for the revision of the ‘Schengen Borders Code’ established by Regulation 2016/399 follows close consultations with Members of the European Parliament and Home Affairs Ministers meeting in the Schengen Forum. Its main elements are as follows:

(1) Uniform application of measures at the external borders in case of a threat to public health

The proposal aims to establish a new mechanism which should allow for a timely adoption, by the Council, of a binding instrument setting out temporary travel restrictions at the external borders in these circumstances.

Thanks to this mechanism, travel restrictions will apply uniformly in all Member States for as long as the threat to public health persists in the Union. The proposal determines in a comprehensive manner all necessary elements of an instrument to be adopted by the Council in an implementing act.

Accordingly, such an instrument should:

- specify any categories of persons exempted from travel restrictions, even in situations where they travel for non-essential reasons, and/or, on the basis of objective indicators, any geographical areas or third countries from which travel may be subject to specific measures, e.g. travel restrictions;

- define any additional conditions to be imposed on travellers to make travel safe. Residents should always be permitted to return to the Union;

- set up an emergency brake mechanism, allowing to take relevant measures in case the epidemiological situation dramatically worsens in one or more geographical areas.

(2) Rules concerning the reintroduction of controls at internal borders

The proposal offers solutions so that any reintroduction of internal border controls remains a measure of last resort . The current Schengen Borders Code gives Member States the possibility to temporarily reintroduce border control at internal borders where there is a serious threat to public policy or internal security. The reintroduction of border control at internal borders should remain exceptional and proportional . Border controls should be lifted once the reasons no longer apply.

For unforeseen threats , Member States could unilaterally introduce controls for 30 days, extendable up to 3 months. In case border control needs to be reintroduced for foreseeable events, they can do so for renewable periods of up to 6 months. The maximum duration of border control at internal borders should not exceed 2 years. However, in exceptional situations Member States may decide that border controls need to be maintained longer.

Whenever introducing controls, Member States should justify their proportionality and necessity . In case border controls have been in place for 6 months, any further notification for the prolongation of such controls needs to be accompanied by a risk assessment in addition. If border controls have been in place for 18 months, the Commission would be required to issue an opinion on necessity and proportionality of such internal border controls.

(3) Mitigating measures

The proposal also provides that safeguards should always be applied, to limit the negative impact of the temporary reintroduction of border checks at internal borders, should this reintroduction be inevitable, in particular to limit their impact on the functioning of cross-border regions, transport and, thus, on the Single Market.

(4) Increased use of alternative measures to address the identified threats instead of internal border controls

The proposal clarifies the possibility for Member States to make more extensive use of checks other than border controls in border areas. It offers more possibilities for the use of alternative measures such as police or other checks within the territory, particularly to address unauthorised movements within the Schengen area , including a possibility for Member States to transfer back those not entitled to enter their territory during joint police patrols.

(5) Possibility of a coordinated European response (Schengen safeguard mechanism)

The proposal aims to create a new mechanism allowing for a European response to problems affecting a majority of Member States simultaneously and thus putting the overall functioning of the Schengen area at risk. The Commission could offer the Council the possibility of adopting an implementing decision authorising the reintroduction by Member States of border controls when other measures are not sufficient to deal with a serious threat. Based on a proposal from the Commission, such authorisation could be prolonged for further periods of up to six months each, provided that the threat persists. Where the Commission considers that such controls are not appropriate to the threat, it could recommend the use of other measures.

(6) Response to the instrumentalisation of migrants at external borders

The proposal aims to address the instrumentalisation of migrants, where a third country actor is using human beings to destabilise the Union or its Member States. It clarifies what measures are available at the border crossing points and in the context of border surveillance to prevent and react to illegal border crossings when Member States of first entry are confronted with such pressure from a third country.

In addition, a new proposal on exceptional asylum and return procedures introduces provisions allowing Member States to take the necessary measures to manage the arrival of persons instrumentalised by a third country in full respect of fundamental rights and humanitarian principles.

Documents

  • Draft final act: 00040/2024/LEX
  • Decision by Parliament, 1st reading: T9-0323/2024
  • Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE759.664
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001064
  • Text agreed during interinstitutional negotiations: PE759.664
  • Results of vote in Parliament: Results of vote in Parliament
  • Committee report tabled for plenary, 1st reading: A9-0280/2023
  • Amendments tabled in committee: PE739.713
  • Amendments tabled in committee: PE739.712
  • Committee draft report: PE737.471
  • Committee of the Regions: opinion: CDR5247/2022
  • Economic and Social Committee: opinion, report: CES0264/2022
  • Document attached to the procedure: SEC(2021)0440
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2021)0462
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2021)0463
  • Legislative proposal published: COM(2021)0891
  • Legislative proposal published: EUR-Lex
  • Document attached to the procedure: EUR-Lex SWD(2021)0462
  • Document attached to the procedure: EUR-Lex SWD(2021)0463
  • Document attached to the procedure: SEC(2021)0440
  • Economic and Social Committee: opinion, report: CES0264/2022
  • Committee of the Regions: opinion: CDR5247/2022
  • Committee draft report: PE737.471
  • Amendments tabled in committee: PE739.712
  • Amendments tabled in committee: PE739.713
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001064
  • Text agreed during interinstitutional negotiations: PE759.664
  • Draft final act: 00040/2024/LEX

Votes

Schengen Borders Code – A9-0280/2023 – Sylvie Guillaume – Decision to enter into interinstitutional negotiations #

2023/10/05 Outcome: +: 370, -: 163, 0: 31
DE ES RO PT NL SE IE BE DK FR EL FI MT LU CY BG AT SI IT HR SK EE CZ LV LT HU PL
Total
77
50
28
19
26
20
12
19
12
64
15
11
5
4
5
9
11
8
57
8
9
6
19
7
8
15
40
icon: S&D S&D
108

Belgium S&D

1

Denmark S&D

2

Greece S&D

1

Luxembourg S&D

For (1)

1

Cyprus S&D

1

Bulgaria S&D

1

Austria S&D

2

Slovenia S&D

2

Estonia S&D

2

Czechia S&D

For (1)

1

Latvia S&D

Against (1)

Abstain (1)

2

Lithuania S&D

2
icon: Renew Renew
85
3

Ireland Renew

2

Greece Renew

1

Finland Renew

3

Luxembourg Renew

2

Slovenia Renew

2

Italy Renew

For (1)

1

Croatia Renew

For (1)

1

Slovakia Renew

2

Estonia Renew

2

Latvia Renew

Against (1)

1

Lithuania Renew

Abstain (1)

1

Hungary Renew

For (1)

1

Poland Renew

1
icon: PPE PPE
141

Denmark PPE

For (1)

1

Finland PPE

2

Malta PPE

For (1)

1

Cyprus PPE

2

Bulgaria PPE

For (1)

4

Austria PPE

For (1)

4

Slovenia PPE

For (1)

Against (2)

Abstain (1)

4

Croatia PPE

For (1)

1

Slovakia PPE

3

Estonia PPE

Against (1)

1

Latvia PPE

2
icon: Verts/ALE Verts/ALE
55

Spain Verts/ALE

3

Portugal Verts/ALE

1

Netherlands Verts/ALE

3

Sweden Verts/ALE

3

Ireland Verts/ALE

2

Belgium Verts/ALE

3

Denmark Verts/ALE

2

Finland Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Austria Verts/ALE

Abstain (1)

3

Italy Verts/ALE

3

Czechia Verts/ALE

2

Lithuania Verts/ALE

Abstain (1)

1

Poland Verts/ALE

For (1)

1
icon: The Left The Left
29

Germany The Left

3

Portugal The Left

2

Netherlands The Left

For (1)

1

Sweden The Left

For (1)

1

Ireland The Left

3

Belgium The Left

For (1)

1

Denmark The Left

1

Finland The Left

For (1)

1

Cyprus The Left

2

Czechia The Left

Against (1)

1
icon: NI NI
39

Germany NI

Against (1)

2

Netherlands NI

Against (1)

1

Belgium NI

For (1)

1

Croatia NI

2

Slovakia NI

Against (1)

1

Latvia NI

1
icon: ID ID
51

Denmark ID

Against (1)

1

Austria ID

2

Estonia ID

Against (1)

1

Czechia ID

Against (2)

2
icon: ECR ECR
56

Germany ECR

Against (1)

1

Romania ECR

Abstain (1)

1

Sweden ECR

3

Finland ECR

2

Bulgaria ECR

Against (1)

1

Croatia ECR

Against (1)

1

Slovakia ECR

Against (1)

1

Latvia ECR

Against (1)

1

A9-0280/2023 – Sylvie Guillaume – Provisional agreement – Am 163 #

2024/04/24 Outcome: +: 311, -: 267, 0: 53
RO BG DE PT SK HR SI LT AT EE EL NL MT LV LU CZ DK IE FI SE BE HU PL FR ES IT
Total
28
16
89
21
13
12
8
10
17
7
14
28
4
8
6
21
13
12
14
21
21
16
44
75
57
56
icon: PPE PPE
160

Slovenia PPE

Against (1)

4

Estonia PPE

For (1)

1

Malta PPE

For (1)

1

Luxembourg PPE

2

Denmark PPE

For (1)

1

Hungary PPE

Against (1)

1
icon: Renew Renew
98

Bulgaria Renew

2

Croatia Renew

For (1)

1

Slovenia Renew

2

Lithuania Renew

1

Austria Renew

For (1)

1

Estonia Renew

3

Greece Renew

1

Latvia Renew

For (1)

1

Luxembourg Renew

2

Ireland Renew

2

Finland Renew

3
3

Hungary Renew

For (1)

1

Poland Renew

1
icon: S&D S&D
124

Slovakia S&D

For (1)

1

Slovenia S&D

2

Lithuania S&D

2

Estonia S&D

2

Greece S&D

1

Latvia S&D

2

Luxembourg S&D

For (1)

1

Czechia S&D

For (1)

1

Denmark S&D

2

Belgium S&D

Against (1)

2
icon: The Left The Left
32

Greece The Left

2

Czechia The Left

Against (1)

1

Denmark The Left

Against (1)

1

Ireland The Left

Against (2)

4

Finland The Left

Against (1)

1

Sweden The Left

Against (1)

1

Belgium The Left

Against (1)

1
icon: NI NI
38

Romania NI

Abstain (1)

1

Germany NI

Abstain (1)

3

Croatia NI

Against (1)

Abstain (1)

2

Greece NI

For (1)

3

Netherlands NI

Against (1)

1

Latvia NI

Against (1)

1

Czechia NI

Against (1)

1

Belgium NI

For (1)

1
icon: ID ID
50

Austria ID

3

Estonia ID

Against (1)

1

Czechia ID

Against (1)

1

Denmark ID

Against (1)

1
icon: ECR ECR
61

Romania ECR

Abstain (1)

1

Bulgaria ECR

2

Germany ECR

Against (1)

1

Slovakia ECR

Abstain (1)

1

Croatia ECR

Against (1)

1

Lithuania ECR

Against (1)

1

Greece ECR

Against (1)

1

Latvia ECR

Against (1)

1

Finland ECR

2

Sweden ECR

3

France ECR

Against (1)

1
icon: Verts/ALE Verts/ALE
68

Romania Verts/ALE

Abstain (1)

1

Portugal Verts/ALE

Against (1)

1

Lithuania Verts/ALE

2

Austria Verts/ALE

3

Greece Verts/ALE

Against (1)

1

Netherlands Verts/ALE

Abstain (1)

3

Luxembourg Verts/ALE

Against (1)

1

Czechia Verts/ALE

3

Denmark Verts/ALE

2

Ireland Verts/ALE

2

Finland Verts/ALE

3

Sweden Verts/ALE

3

Belgium Verts/ALE

3

Poland Verts/ALE

Against (1)

1

Spain Verts/ALE

3

Italy Verts/ALE

Against (1)

1
AmendmentsDossier
458 2021/0428(COD)
2022/12/12 LIBE 458 amendments...
source: 739.713

History

(these mark the time of scraping, not the official date of the change)

events/11
date
2024-06-13T00:00:00
type
Final act signed
body
CSL
events/12
date
2024-06-20T00:00:00
type
Final act published in Official Journal
procedure/final
title
Regulation 2024/1717
url
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32024R1717
procedure/stage_reached
Old
Awaiting signature of act
New
Procedure completed
events/11
date
2024-06-13T00:00:00
type
Final act signed
body
CSL
procedure/stage_reached
Old
Awaiting signature of act
New
Procedure completed, awaiting publication in Official Journal
events/11
date
2024-06-13T00:00:00
type
Final act signed
body
CSL
procedure/stage_reached
Old
Awaiting signature of act
New
Procedure completed, awaiting publication in Official Journal
events/11
date
2024-06-13T00:00:00
type
Final act signed
body
CSL
procedure/stage_reached
Old
Awaiting signature of act
New
Procedure completed, awaiting publication in Official Journal
events/11
date
2024-06-13T00:00:00
type
Final act signed
body
CSL
procedure/stage_reached
Old
Awaiting signature of act
New
Procedure completed, awaiting publication in Official Journal
events/11
date
2024-06-13T00:00:00
type
Final act signed
body
CSL
procedure/stage_reached
Old
Awaiting signature of act
New
Procedure completed, awaiting publication in Official Journal
events/11
date
2024-06-13T00:00:00
type
Final act signed
body
CSL
procedure/stage_reached
Old
Awaiting signature of act
New
Procedure completed, awaiting publication in Official Journal
events/11
date
2024-06-13T00:00:00
type
Final act signed
body
CSL
procedure/stage_reached
Old
Awaiting signature of act
New
Procedure completed, awaiting publication in Official Journal
docs/10
date
2024-06-13T00:00:00
docs
title: 00040/2024/LEX
type
Draft final act
body
CSL
docs/10
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0323_EN.html title: T9-0323/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9/summary
  • The European Parliament adopted by 311 votes to 267, with 53 abstentions, a legislative resolution on the proposal for a 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.
  • The European Parliament’s position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
  • Instrumentalisation of migrants
  • The amended text stated that Member States may, where a large number of migrants attempt to cross their external borders in an unauthorised manner, en masse and using force, take the necessary measures to preserve security, law and order. They may, in particular in a situation of instrumentalisation of migrants, temporarily close, or limit the opening hours of, specific border crossing points , where the circumstances so require.
  • Furthermore, humanitarian assistance should not be considered as instrumentalisation of migrants when there is no aim to destabilise the Union or a Member State.
  • Border surveillance
  • The main purpose of border surveillance should be to prevent or detect unauthorised border crossings, to contribute to raising situational awareness, to counter cross-border criminality and to take measures against persons who have crossed the border illegally. It should also involve the carrying out of risk analyses.
  • Temporary restrictions on travel to the Union
  • The Council, on the basis of a proposal by the Commission, may adopt an implementing Regulation providing for temporary restrictions on travel to the Member States to be applied at the external borders in the event of large-scale public health emergencies . Temporary restrictions on travel may include temporary restrictions on entry to the Member States and temporary health-related restrictions that are necessary for the protection of public health in the area without internal border control. Those temporary health related restrictions may include testing, quarantine and self-isolation. Temporary restrictions on travel to the Union should be proportionate and non-discriminatory and should not have a negative impact on the functioning of the area without internal border control.
  • Restrictions on entry to the Member States for persons undertaking essential travel should be imposed only exceptionally , for a strictly limited period of time, until sufficient information about the large-scale public health emergencies, is available and until the Council, on a proposal by the Commission, identifies and adopts alternative health-related restrictions that are necessary to protect public health and that are to be applied to those persons.
  • Procedure for transferring persons apprehended in internal border areas
  • Where the national law enforcement authorities of a Member State apprehend third-country nationals who do not have the right to stay in that Member State, in border areas, during checks involving the competent authorities in the framework of bilateral cooperation, which may include, in particular, joint police patrols, these authorities will have the possibility to transfer the third-country nationals to the Member State from which they entered the transferring Member State, provided that the third-country nationals do not have the right to stay in the transferring Member State.
  • The transfer procedure should not apply to asylum seekers or beneficiaries of international protection . When transferring a third-country national presumed to be a minor , the transferring Member State should inform the receiving Member State of this presumption and both Member States will have to ensure that all measures are taken in the best interests of the child and in accordance with their respective national law.
  • Third-country nationals apprehended in border areas and transferred as part of the procedure must have a right of appeal .
  • General framework for the temporary reintroduction or prolongation of border control at internal borders
  • Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders.
  • A serious threat to public policy or internal security may, in particular, be considered to arise from: (i) terrorist incidents or threats , and threats posed by serious organised crime; (ii) an exceptional situation characterised by sudden large-scale unauthorised movements of third-country nationals between the Member States, putting a substantial strain on the overall resources and capacities of well-prepared competent authorities and which is likely to put at risk the overall functioning of the area without internal border control.
  • In all cases, border control at internal borders should be reintroduced only as a measure of last resort . The scope and duration of the temporary reintroduction of border control should not exceed what is strictly necessary to respond to the serious threat identified. Border control may only be reintroduced or prolonged where a Member State has established that such a measure is necessary and proportionate.
  • Where a Member State considers that there is a major exceptional situation with regard to a persisting serious threat justifying the continued need for border control at internal borders in excess of the maximum period of six months, it should notify the European Parliament, the Council and the Commission and the other Member States of its intention to prolong internal border control for an additional period of up to 6 months.
  • That notification should include a risk assessment. Within 3 months after the notification, the Commission should issue a new opinion on the necessity and proportionality of the prolongation of border control at internal borders.
  • Where, in the event of a major exceptional situation, the continuing need to maintain border control at internal borders is confirmed but the additional period of six months is not sufficient to ensure the availability of other effective measures to deal with the continuing threat, a Member State may decide to extend border control at internal borders for a second and final additional period of no more than six months.
  • In exceptional circumstances and under certain conditions Member States should be able to prolong border control at internal borders for two further periods of six months.
events/10
date
2024-05-24T00:00:00
type
Act adopted by Council after Parliament's 1st reading
body
EP/CSL
procedure/stage_reached
Old
Awaiting Council's 1st reading position
New
Awaiting signature of act
docs/10
date
2024-06-13T00:00:00
docs
title: 00040/2024/LEX
type
Draft final act
body
CSL
docs/10
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0323_EN.html title: T9-0323/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9/summary
  • The European Parliament adopted by 311 votes to 267, with 53 abstentions, a legislative resolution on the proposal for a 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.
  • The European Parliament’s position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
  • Instrumentalisation of migrants
  • The amended text stated that Member States may, where a large number of migrants attempt to cross their external borders in an unauthorised manner, en masse and using force, take the necessary measures to preserve security, law and order. They may, in particular in a situation of instrumentalisation of migrants, temporarily close, or limit the opening hours of, specific border crossing points , where the circumstances so require.
  • Furthermore, humanitarian assistance should not be considered as instrumentalisation of migrants when there is no aim to destabilise the Union or a Member State.
  • Border surveillance
  • The main purpose of border surveillance should be to prevent or detect unauthorised border crossings, to contribute to raising situational awareness, to counter cross-border criminality and to take measures against persons who have crossed the border illegally. It should also involve the carrying out of risk analyses.
  • Temporary restrictions on travel to the Union
  • The Council, on the basis of a proposal by the Commission, may adopt an implementing Regulation providing for temporary restrictions on travel to the Member States to be applied at the external borders in the event of large-scale public health emergencies . Temporary restrictions on travel may include temporary restrictions on entry to the Member States and temporary health-related restrictions that are necessary for the protection of public health in the area without internal border control. Those temporary health related restrictions may include testing, quarantine and self-isolation. Temporary restrictions on travel to the Union should be proportionate and non-discriminatory and should not have a negative impact on the functioning of the area without internal border control.
  • Restrictions on entry to the Member States for persons undertaking essential travel should be imposed only exceptionally , for a strictly limited period of time, until sufficient information about the large-scale public health emergencies, is available and until the Council, on a proposal by the Commission, identifies and adopts alternative health-related restrictions that are necessary to protect public health and that are to be applied to those persons.
  • Procedure for transferring persons apprehended in internal border areas
  • Where the national law enforcement authorities of a Member State apprehend third-country nationals who do not have the right to stay in that Member State, in border areas, during checks involving the competent authorities in the framework of bilateral cooperation, which may include, in particular, joint police patrols, these authorities will have the possibility to transfer the third-country nationals to the Member State from which they entered the transferring Member State, provided that the third-country nationals do not have the right to stay in the transferring Member State.
  • The transfer procedure should not apply to asylum seekers or beneficiaries of international protection . When transferring a third-country national presumed to be a minor , the transferring Member State should inform the receiving Member State of this presumption and both Member States will have to ensure that all measures are taken in the best interests of the child and in accordance with their respective national law.
  • Third-country nationals apprehended in border areas and transferred as part of the procedure must have a right of appeal .
  • General framework for the temporary reintroduction or prolongation of border control at internal borders
  • Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders.
  • A serious threat to public policy or internal security may, in particular, be considered to arise from: (i) terrorist incidents or threats , and threats posed by serious organised crime; (ii) an exceptional situation characterised by sudden large-scale unauthorised movements of third-country nationals between the Member States, putting a substantial strain on the overall resources and capacities of well-prepared competent authorities and which is likely to put at risk the overall functioning of the area without internal border control.
  • In all cases, border control at internal borders should be reintroduced only as a measure of last resort . The scope and duration of the temporary reintroduction of border control should not exceed what is strictly necessary to respond to the serious threat identified. Border control may only be reintroduced or prolonged where a Member State has established that such a measure is necessary and proportionate.
  • Where a Member State considers that there is a major exceptional situation with regard to a persisting serious threat justifying the continued need for border control at internal borders in excess of the maximum period of six months, it should notify the European Parliament, the Council and the Commission and the other Member States of its intention to prolong internal border control for an additional period of up to 6 months.
  • That notification should include a risk assessment. Within 3 months after the notification, the Commission should issue a new opinion on the necessity and proportionality of the prolongation of border control at internal borders.
  • Where, in the event of a major exceptional situation, the continuing need to maintain border control at internal borders is confirmed but the additional period of six months is not sufficient to ensure the availability of other effective measures to deal with the continuing threat, a Member State may decide to extend border control at internal borders for a second and final additional period of no more than six months.
  • In exceptional circumstances and under certain conditions Member States should be able to prolong border control at internal borders for two further periods of six months.
events/10
date
2024-05-24T00:00:00
type
Act adopted by Council after Parliament's 1st reading
body
EP/CSL
procedure/stage_reached
Old
Awaiting Council's 1st reading position
New
Awaiting signature of act
docs/10
date
2024-06-13T00:00:00
docs
title: 00040/2024/LEX
type
Draft final act
body
CSL
docs/10
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0323_EN.html title: T9-0323/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9/summary
  • The European Parliament adopted by 311 votes to 267, with 53 abstentions, a legislative resolution on the proposal for a 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.
  • The European Parliament’s position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
  • Instrumentalisation of migrants
  • The amended text stated that Member States may, where a large number of migrants attempt to cross their external borders in an unauthorised manner, en masse and using force, take the necessary measures to preserve security, law and order. They may, in particular in a situation of instrumentalisation of migrants, temporarily close, or limit the opening hours of, specific border crossing points , where the circumstances so require.
  • Furthermore, humanitarian assistance should not be considered as instrumentalisation of migrants when there is no aim to destabilise the Union or a Member State.
  • Border surveillance
  • The main purpose of border surveillance should be to prevent or detect unauthorised border crossings, to contribute to raising situational awareness, to counter cross-border criminality and to take measures against persons who have crossed the border illegally. It should also involve the carrying out of risk analyses.
  • Temporary restrictions on travel to the Union
  • The Council, on the basis of a proposal by the Commission, may adopt an implementing Regulation providing for temporary restrictions on travel to the Member States to be applied at the external borders in the event of large-scale public health emergencies . Temporary restrictions on travel may include temporary restrictions on entry to the Member States and temporary health-related restrictions that are necessary for the protection of public health in the area without internal border control. Those temporary health related restrictions may include testing, quarantine and self-isolation. Temporary restrictions on travel to the Union should be proportionate and non-discriminatory and should not have a negative impact on the functioning of the area without internal border control.
  • Restrictions on entry to the Member States for persons undertaking essential travel should be imposed only exceptionally , for a strictly limited period of time, until sufficient information about the large-scale public health emergencies, is available and until the Council, on a proposal by the Commission, identifies and adopts alternative health-related restrictions that are necessary to protect public health and that are to be applied to those persons.
  • Procedure for transferring persons apprehended in internal border areas
  • Where the national law enforcement authorities of a Member State apprehend third-country nationals who do not have the right to stay in that Member State, in border areas, during checks involving the competent authorities in the framework of bilateral cooperation, which may include, in particular, joint police patrols, these authorities will have the possibility to transfer the third-country nationals to the Member State from which they entered the transferring Member State, provided that the third-country nationals do not have the right to stay in the transferring Member State.
  • The transfer procedure should not apply to asylum seekers or beneficiaries of international protection . When transferring a third-country national presumed to be a minor , the transferring Member State should inform the receiving Member State of this presumption and both Member States will have to ensure that all measures are taken in the best interests of the child and in accordance with their respective national law.
  • Third-country nationals apprehended in border areas and transferred as part of the procedure must have a right of appeal .
  • General framework for the temporary reintroduction or prolongation of border control at internal borders
  • Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders.
  • A serious threat to public policy or internal security may, in particular, be considered to arise from: (i) terrorist incidents or threats , and threats posed by serious organised crime; (ii) an exceptional situation characterised by sudden large-scale unauthorised movements of third-country nationals between the Member States, putting a substantial strain on the overall resources and capacities of well-prepared competent authorities and which is likely to put at risk the overall functioning of the area without internal border control.
  • In all cases, border control at internal borders should be reintroduced only as a measure of last resort . The scope and duration of the temporary reintroduction of border control should not exceed what is strictly necessary to respond to the serious threat identified. Border control may only be reintroduced or prolonged where a Member State has established that such a measure is necessary and proportionate.
  • Where a Member State considers that there is a major exceptional situation with regard to a persisting serious threat justifying the continued need for border control at internal borders in excess of the maximum period of six months, it should notify the European Parliament, the Council and the Commission and the other Member States of its intention to prolong internal border control for an additional period of up to 6 months.
  • That notification should include a risk assessment. Within 3 months after the notification, the Commission should issue a new opinion on the necessity and proportionality of the prolongation of border control at internal borders.
  • Where, in the event of a major exceptional situation, the continuing need to maintain border control at internal borders is confirmed but the additional period of six months is not sufficient to ensure the availability of other effective measures to deal with the continuing threat, a Member State may decide to extend border control at internal borders for a second and final additional period of no more than six months.
  • In exceptional circumstances and under certain conditions Member States should be able to prolong border control at internal borders for two further periods of six months.
events/10
date
2024-05-24T00:00:00
type
Act adopted by Council after Parliament's 1st reading
body
EP/CSL
procedure/stage_reached
Old
Awaiting Council's 1st reading position
New
Awaiting signature of act
docs/10
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0323_EN.html title: T9-0323/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9/summary
  • The European Parliament adopted by 311 votes to 267, with 53 abstentions, a legislative resolution on the proposal for a 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.
  • The European Parliament’s position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
  • Instrumentalisation of migrants
  • The amended text stated that Member States may, where a large number of migrants attempt to cross their external borders in an unauthorised manner, en masse and using force, take the necessary measures to preserve security, law and order. They may, in particular in a situation of instrumentalisation of migrants, temporarily close, or limit the opening hours of, specific border crossing points , where the circumstances so require.
  • Furthermore, humanitarian assistance should not be considered as instrumentalisation of migrants when there is no aim to destabilise the Union or a Member State.
  • Border surveillance
  • The main purpose of border surveillance should be to prevent or detect unauthorised border crossings, to contribute to raising situational awareness, to counter cross-border criminality and to take measures against persons who have crossed the border illegally. It should also involve the carrying out of risk analyses.
  • Temporary restrictions on travel to the Union
  • The Council, on the basis of a proposal by the Commission, may adopt an implementing Regulation providing for temporary restrictions on travel to the Member States to be applied at the external borders in the event of large-scale public health emergencies . Temporary restrictions on travel may include temporary restrictions on entry to the Member States and temporary health-related restrictions that are necessary for the protection of public health in the area without internal border control. Those temporary health related restrictions may include testing, quarantine and self-isolation. Temporary restrictions on travel to the Union should be proportionate and non-discriminatory and should not have a negative impact on the functioning of the area without internal border control.
  • Restrictions on entry to the Member States for persons undertaking essential travel should be imposed only exceptionally , for a strictly limited period of time, until sufficient information about the large-scale public health emergencies, is available and until the Council, on a proposal by the Commission, identifies and adopts alternative health-related restrictions that are necessary to protect public health and that are to be applied to those persons.
  • Procedure for transferring persons apprehended in internal border areas
  • Where the national law enforcement authorities of a Member State apprehend third-country nationals who do not have the right to stay in that Member State, in border areas, during checks involving the competent authorities in the framework of bilateral cooperation, which may include, in particular, joint police patrols, these authorities will have the possibility to transfer the third-country nationals to the Member State from which they entered the transferring Member State, provided that the third-country nationals do not have the right to stay in the transferring Member State.
  • The transfer procedure should not apply to asylum seekers or beneficiaries of international protection . When transferring a third-country national presumed to be a minor , the transferring Member State should inform the receiving Member State of this presumption and both Member States will have to ensure that all measures are taken in the best interests of the child and in accordance with their respective national law.
  • Third-country nationals apprehended in border areas and transferred as part of the procedure must have a right of appeal .
  • General framework for the temporary reintroduction or prolongation of border control at internal borders
  • Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders.
  • A serious threat to public policy or internal security may, in particular, be considered to arise from: (i) terrorist incidents or threats , and threats posed by serious organised crime; (ii) an exceptional situation characterised by sudden large-scale unauthorised movements of third-country nationals between the Member States, putting a substantial strain on the overall resources and capacities of well-prepared competent authorities and which is likely to put at risk the overall functioning of the area without internal border control.
  • In all cases, border control at internal borders should be reintroduced only as a measure of last resort . The scope and duration of the temporary reintroduction of border control should not exceed what is strictly necessary to respond to the serious threat identified. Border control may only be reintroduced or prolonged where a Member State has established that such a measure is necessary and proportionate.
  • Where a Member State considers that there is a major exceptional situation with regard to a persisting serious threat justifying the continued need for border control at internal borders in excess of the maximum period of six months, it should notify the European Parliament, the Council and the Commission and the other Member States of its intention to prolong internal border control for an additional period of up to 6 months.
  • That notification should include a risk assessment. Within 3 months after the notification, the Commission should issue a new opinion on the necessity and proportionality of the prolongation of border control at internal borders.
  • Where, in the event of a major exceptional situation, the continuing need to maintain border control at internal borders is confirmed but the additional period of six months is not sufficient to ensure the availability of other effective measures to deal with the continuing threat, a Member State may decide to extend border control at internal borders for a second and final additional period of no more than six months.
  • In exceptional circumstances and under certain conditions Member States should be able to prolong border control at internal borders for two further periods of six months.
events/10
date
2024-05-24T00:00:00
type
Act adopted by Council after Parliament's 1st reading
body
EP/CSL
procedure/stage_reached
Old
Awaiting Council's 1st reading position
New
Awaiting signature of act
docs/10
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0323_EN.html title: T9-0323/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9/summary
  • The European Parliament adopted by 311 votes to 267, with 53 abstentions, a legislative resolution on the proposal for a 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.
  • The European Parliament’s position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
  • Instrumentalisation of migrants
  • The amended text stated that Member States may, where a large number of migrants attempt to cross their external borders in an unauthorised manner, en masse and using force, take the necessary measures to preserve security, law and order. They may, in particular in a situation of instrumentalisation of migrants, temporarily close, or limit the opening hours of, specific border crossing points , where the circumstances so require.
  • Furthermore, humanitarian assistance should not be considered as instrumentalisation of migrants when there is no aim to destabilise the Union or a Member State.
  • Border surveillance
  • The main purpose of border surveillance should be to prevent or detect unauthorised border crossings, to contribute to raising situational awareness, to counter cross-border criminality and to take measures against persons who have crossed the border illegally. It should also involve the carrying out of risk analyses.
  • Temporary restrictions on travel to the Union
  • The Council, on the basis of a proposal by the Commission, may adopt an implementing Regulation providing for temporary restrictions on travel to the Member States to be applied at the external borders in the event of large-scale public health emergencies . Temporary restrictions on travel may include temporary restrictions on entry to the Member States and temporary health-related restrictions that are necessary for the protection of public health in the area without internal border control. Those temporary health related restrictions may include testing, quarantine and self-isolation. Temporary restrictions on travel to the Union should be proportionate and non-discriminatory and should not have a negative impact on the functioning of the area without internal border control.
  • Restrictions on entry to the Member States for persons undertaking essential travel should be imposed only exceptionally , for a strictly limited period of time, until sufficient information about the large-scale public health emergencies, is available and until the Council, on a proposal by the Commission, identifies and adopts alternative health-related restrictions that are necessary to protect public health and that are to be applied to those persons.
  • Procedure for transferring persons apprehended in internal border areas
  • Where the national law enforcement authorities of a Member State apprehend third-country nationals who do not have the right to stay in that Member State, in border areas, during checks involving the competent authorities in the framework of bilateral cooperation, which may include, in particular, joint police patrols, these authorities will have the possibility to transfer the third-country nationals to the Member State from which they entered the transferring Member State, provided that the third-country nationals do not have the right to stay in the transferring Member State.
  • The transfer procedure should not apply to asylum seekers or beneficiaries of international protection . When transferring a third-country national presumed to be a minor , the transferring Member State should inform the receiving Member State of this presumption and both Member States will have to ensure that all measures are taken in the best interests of the child and in accordance with their respective national law.
  • Third-country nationals apprehended in border areas and transferred as part of the procedure must have a right of appeal .
  • General framework for the temporary reintroduction or prolongation of border control at internal borders
  • Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders.
  • A serious threat to public policy or internal security may, in particular, be considered to arise from: (i) terrorist incidents or threats , and threats posed by serious organised crime; (ii) an exceptional situation characterised by sudden large-scale unauthorised movements of third-country nationals between the Member States, putting a substantial strain on the overall resources and capacities of well-prepared competent authorities and which is likely to put at risk the overall functioning of the area without internal border control.
  • In all cases, border control at internal borders should be reintroduced only as a measure of last resort . The scope and duration of the temporary reintroduction of border control should not exceed what is strictly necessary to respond to the serious threat identified. Border control may only be reintroduced or prolonged where a Member State has established that such a measure is necessary and proportionate.
  • Where a Member State considers that there is a major exceptional situation with regard to a persisting serious threat justifying the continued need for border control at internal borders in excess of the maximum period of six months, it should notify the European Parliament, the Council and the Commission and the other Member States of its intention to prolong internal border control for an additional period of up to 6 months.
  • That notification should include a risk assessment. Within 3 months after the notification, the Commission should issue a new opinion on the necessity and proportionality of the prolongation of border control at internal borders.
  • Where, in the event of a major exceptional situation, the continuing need to maintain border control at internal borders is confirmed but the additional period of six months is not sufficient to ensure the availability of other effective measures to deal with the continuing threat, a Member State may decide to extend border control at internal borders for a second and final additional period of no more than six months.
  • In exceptional circumstances and under certain conditions Member States should be able to prolong border control at internal borders for two further periods of six months.
events/10
date
2024-05-24T00:00:00
type
Act adopted by Council after Parliament's 1st reading
body
EP/CSL
procedure/stage_reached
Old
Awaiting Council's 1st reading position
New
Awaiting signature of act
docs/10
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0323_EN.html title: T9-0323/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9/summary
  • The European Parliament adopted by 311 votes to 267, with 53 abstentions, a legislative resolution on the proposal for a 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.
  • The European Parliament’s position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
  • Instrumentalisation of migrants
  • The amended text stated that Member States may, where a large number of migrants attempt to cross their external borders in an unauthorised manner, en masse and using force, take the necessary measures to preserve security, law and order. They may, in particular in a situation of instrumentalisation of migrants, temporarily close, or limit the opening hours of, specific border crossing points , where the circumstances so require.
  • Furthermore, humanitarian assistance should not be considered as instrumentalisation of migrants when there is no aim to destabilise the Union or a Member State.
  • Border surveillance
  • The main purpose of border surveillance should be to prevent or detect unauthorised border crossings, to contribute to raising situational awareness, to counter cross-border criminality and to take measures against persons who have crossed the border illegally. It should also involve the carrying out of risk analyses.
  • Temporary restrictions on travel to the Union
  • The Council, on the basis of a proposal by the Commission, may adopt an implementing Regulation providing for temporary restrictions on travel to the Member States to be applied at the external borders in the event of large-scale public health emergencies . Temporary restrictions on travel may include temporary restrictions on entry to the Member States and temporary health-related restrictions that are necessary for the protection of public health in the area without internal border control. Those temporary health related restrictions may include testing, quarantine and self-isolation. Temporary restrictions on travel to the Union should be proportionate and non-discriminatory and should not have a negative impact on the functioning of the area without internal border control.
  • Restrictions on entry to the Member States for persons undertaking essential travel should be imposed only exceptionally , for a strictly limited period of time, until sufficient information about the large-scale public health emergencies, is available and until the Council, on a proposal by the Commission, identifies and adopts alternative health-related restrictions that are necessary to protect public health and that are to be applied to those persons.
  • Procedure for transferring persons apprehended in internal border areas
  • Where the national law enforcement authorities of a Member State apprehend third-country nationals who do not have the right to stay in that Member State, in border areas, during checks involving the competent authorities in the framework of bilateral cooperation, which may include, in particular, joint police patrols, these authorities will have the possibility to transfer the third-country nationals to the Member State from which they entered the transferring Member State, provided that the third-country nationals do not have the right to stay in the transferring Member State.
  • The transfer procedure should not apply to asylum seekers or beneficiaries of international protection . When transferring a third-country national presumed to be a minor , the transferring Member State should inform the receiving Member State of this presumption and both Member States will have to ensure that all measures are taken in the best interests of the child and in accordance with their respective national law.
  • Third-country nationals apprehended in border areas and transferred as part of the procedure must have a right of appeal .
  • General framework for the temporary reintroduction or prolongation of border control at internal borders
  • Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders.
  • A serious threat to public policy or internal security may, in particular, be considered to arise from: (i) terrorist incidents or threats , and threats posed by serious organised crime; (ii) an exceptional situation characterised by sudden large-scale unauthorised movements of third-country nationals between the Member States, putting a substantial strain on the overall resources and capacities of well-prepared competent authorities and which is likely to put at risk the overall functioning of the area without internal border control.
  • In all cases, border control at internal borders should be reintroduced only as a measure of last resort . The scope and duration of the temporary reintroduction of border control should not exceed what is strictly necessary to respond to the serious threat identified. Border control may only be reintroduced or prolonged where a Member State has established that such a measure is necessary and proportionate.
  • Where a Member State considers that there is a major exceptional situation with regard to a persisting serious threat justifying the continued need for border control at internal borders in excess of the maximum period of six months, it should notify the European Parliament, the Council and the Commission and the other Member States of its intention to prolong internal border control for an additional period of up to 6 months.
  • That notification should include a risk assessment. Within 3 months after the notification, the Commission should issue a new opinion on the necessity and proportionality of the prolongation of border control at internal borders.
  • Where, in the event of a major exceptional situation, the continuing need to maintain border control at internal borders is confirmed but the additional period of six months is not sufficient to ensure the availability of other effective measures to deal with the continuing threat, a Member State may decide to extend border control at internal borders for a second and final additional period of no more than six months.
  • In exceptional circumstances and under certain conditions Member States should be able to prolong border control at internal borders for two further periods of six months.
events/10
date
2024-05-24T00:00:00
type
Act adopted by Council after Parliament's 1st reading
body
EP/CSL
procedure/stage_reached
Old
Awaiting Council's 1st reading position
New
Awaiting signature of act
docs/10
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0323_EN.html title: T9-0323/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9/summary
  • The European Parliament adopted by 311 votes to 267, with 53 abstentions, a legislative resolution on the proposal for a 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.
  • The European Parliament’s position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
  • Instrumentalisation of migrants
  • The amended text stated that Member States may, where a large number of migrants attempt to cross their external borders in an unauthorised manner, en masse and using force, take the necessary measures to preserve security, law and order. They may, in particular in a situation of instrumentalisation of migrants, temporarily close, or limit the opening hours of, specific border crossing points , where the circumstances so require.
  • Furthermore, humanitarian assistance should not be considered as instrumentalisation of migrants when there is no aim to destabilise the Union or a Member State.
  • Border surveillance
  • The main purpose of border surveillance should be to prevent or detect unauthorised border crossings, to contribute to raising situational awareness, to counter cross-border criminality and to take measures against persons who have crossed the border illegally. It should also involve the carrying out of risk analyses.
  • Temporary restrictions on travel to the Union
  • The Council, on the basis of a proposal by the Commission, may adopt an implementing Regulation providing for temporary restrictions on travel to the Member States to be applied at the external borders in the event of large-scale public health emergencies . Temporary restrictions on travel may include temporary restrictions on entry to the Member States and temporary health-related restrictions that are necessary for the protection of public health in the area without internal border control. Those temporary health related restrictions may include testing, quarantine and self-isolation. Temporary restrictions on travel to the Union should be proportionate and non-discriminatory and should not have a negative impact on the functioning of the area without internal border control.
  • Restrictions on entry to the Member States for persons undertaking essential travel should be imposed only exceptionally , for a strictly limited period of time, until sufficient information about the large-scale public health emergencies, is available and until the Council, on a proposal by the Commission, identifies and adopts alternative health-related restrictions that are necessary to protect public health and that are to be applied to those persons.
  • Procedure for transferring persons apprehended in internal border areas
  • Where the national law enforcement authorities of a Member State apprehend third-country nationals who do not have the right to stay in that Member State, in border areas, during checks involving the competent authorities in the framework of bilateral cooperation, which may include, in particular, joint police patrols, these authorities will have the possibility to transfer the third-country nationals to the Member State from which they entered the transferring Member State, provided that the third-country nationals do not have the right to stay in the transferring Member State.
  • The transfer procedure should not apply to asylum seekers or beneficiaries of international protection . When transferring a third-country national presumed to be a minor , the transferring Member State should inform the receiving Member State of this presumption and both Member States will have to ensure that all measures are taken in the best interests of the child and in accordance with their respective national law.
  • Third-country nationals apprehended in border areas and transferred as part of the procedure must have a right of appeal .
  • General framework for the temporary reintroduction or prolongation of border control at internal borders
  • Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders.
  • A serious threat to public policy or internal security may, in particular, be considered to arise from: (i) terrorist incidents or threats , and threats posed by serious organised crime; (ii) an exceptional situation characterised by sudden large-scale unauthorised movements of third-country nationals between the Member States, putting a substantial strain on the overall resources and capacities of well-prepared competent authorities and which is likely to put at risk the overall functioning of the area without internal border control.
  • In all cases, border control at internal borders should be reintroduced only as a measure of last resort . The scope and duration of the temporary reintroduction of border control should not exceed what is strictly necessary to respond to the serious threat identified. Border control may only be reintroduced or prolonged where a Member State has established that such a measure is necessary and proportionate.
  • Where a Member State considers that there is a major exceptional situation with regard to a persisting serious threat justifying the continued need for border control at internal borders in excess of the maximum period of six months, it should notify the European Parliament, the Council and the Commission and the other Member States of its intention to prolong internal border control for an additional period of up to 6 months.
  • That notification should include a risk assessment. Within 3 months after the notification, the Commission should issue a new opinion on the necessity and proportionality of the prolongation of border control at internal borders.
  • Where, in the event of a major exceptional situation, the continuing need to maintain border control at internal borders is confirmed but the additional period of six months is not sufficient to ensure the availability of other effective measures to deal with the continuing threat, a Member State may decide to extend border control at internal borders for a second and final additional period of no more than six months.
  • In exceptional circumstances and under certain conditions Member States should be able to prolong border control at internal borders for two further periods of six months.
events/10
date
2024-05-24T00:00:00
type
Act adopted by Council after Parliament's 1st reading
body
EP/CSL
procedure/stage_reached
Old
Awaiting Council's 1st reading position
New
Awaiting signature of act
docs/10
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0323_EN.html title: T9-0323/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9/summary
  • The European Parliament adopted by 311 votes to 267, with 53 abstentions, a legislative resolution on the proposal for a 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.
  • The European Parliament’s position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
  • Instrumentalisation of migrants
  • The amended text stated that Member States may, where a large number of migrants attempt to cross their external borders in an unauthorised manner, en masse and using force, take the necessary measures to preserve security, law and order. They may, in particular in a situation of instrumentalisation of migrants, temporarily close, or limit the opening hours of, specific border crossing points , where the circumstances so require.
  • Furthermore, humanitarian assistance should not be considered as instrumentalisation of migrants when there is no aim to destabilise the Union or a Member State.
  • Border surveillance
  • The main purpose of border surveillance should be to prevent or detect unauthorised border crossings, to contribute to raising situational awareness, to counter cross-border criminality and to take measures against persons who have crossed the border illegally. It should also involve the carrying out of risk analyses.
  • Temporary restrictions on travel to the Union
  • The Council, on the basis of a proposal by the Commission, may adopt an implementing Regulation providing for temporary restrictions on travel to the Member States to be applied at the external borders in the event of large-scale public health emergencies . Temporary restrictions on travel may include temporary restrictions on entry to the Member States and temporary health-related restrictions that are necessary for the protection of public health in the area without internal border control. Those temporary health related restrictions may include testing, quarantine and self-isolation. Temporary restrictions on travel to the Union should be proportionate and non-discriminatory and should not have a negative impact on the functioning of the area without internal border control.
  • Restrictions on entry to the Member States for persons undertaking essential travel should be imposed only exceptionally , for a strictly limited period of time, until sufficient information about the large-scale public health emergencies, is available and until the Council, on a proposal by the Commission, identifies and adopts alternative health-related restrictions that are necessary to protect public health and that are to be applied to those persons.
  • Procedure for transferring persons apprehended in internal border areas
  • Where the national law enforcement authorities of a Member State apprehend third-country nationals who do not have the right to stay in that Member State, in border areas, during checks involving the competent authorities in the framework of bilateral cooperation, which may include, in particular, joint police patrols, these authorities will have the possibility to transfer the third-country nationals to the Member State from which they entered the transferring Member State, provided that the third-country nationals do not have the right to stay in the transferring Member State.
  • The transfer procedure should not apply to asylum seekers or beneficiaries of international protection . When transferring a third-country national presumed to be a minor , the transferring Member State should inform the receiving Member State of this presumption and both Member States will have to ensure that all measures are taken in the best interests of the child and in accordance with their respective national law.
  • Third-country nationals apprehended in border areas and transferred as part of the procedure must have a right of appeal .
  • General framework for the temporary reintroduction or prolongation of border control at internal borders
  • Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders.
  • A serious threat to public policy or internal security may, in particular, be considered to arise from: (i) terrorist incidents or threats , and threats posed by serious organised crime; (ii) an exceptional situation characterised by sudden large-scale unauthorised movements of third-country nationals between the Member States, putting a substantial strain on the overall resources and capacities of well-prepared competent authorities and which is likely to put at risk the overall functioning of the area without internal border control.
  • In all cases, border control at internal borders should be reintroduced only as a measure of last resort . The scope and duration of the temporary reintroduction of border control should not exceed what is strictly necessary to respond to the serious threat identified. Border control may only be reintroduced or prolonged where a Member State has established that such a measure is necessary and proportionate.
  • Where a Member State considers that there is a major exceptional situation with regard to a persisting serious threat justifying the continued need for border control at internal borders in excess of the maximum period of six months, it should notify the European Parliament, the Council and the Commission and the other Member States of its intention to prolong internal border control for an additional period of up to 6 months.
  • That notification should include a risk assessment. Within 3 months after the notification, the Commission should issue a new opinion on the necessity and proportionality of the prolongation of border control at internal borders.
  • Where, in the event of a major exceptional situation, the continuing need to maintain border control at internal borders is confirmed but the additional period of six months is not sufficient to ensure the availability of other effective measures to deal with the continuing threat, a Member State may decide to extend border control at internal borders for a second and final additional period of no more than six months.
  • In exceptional circumstances and under certain conditions Member States should be able to prolong border control at internal borders for two further periods of six months.
events/10
date
2024-05-24T00:00:00
type
Act adopted by Council after Parliament's 1st reading
body
EP/CSL
procedure/stage_reached
Old
Awaiting Council's 1st reading position
New
Awaiting signature of act
docs/10
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0323_EN.html title: T9-0323/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9/summary
  • The European Parliament adopted by 311 votes to 267, with 53 abstentions, a legislative resolution on the proposal for a 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.
  • The European Parliament’s position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
  • Instrumentalisation of migrants
  • The amended text stated that Member States may, where a large number of migrants attempt to cross their external borders in an unauthorised manner, en masse and using force, take the necessary measures to preserve security, law and order. They may, in particular in a situation of instrumentalisation of migrants, temporarily close, or limit the opening hours of, specific border crossing points , where the circumstances so require.
  • Furthermore, humanitarian assistance should not be considered as instrumentalisation of migrants when there is no aim to destabilise the Union or a Member State.
  • Border surveillance
  • The main purpose of border surveillance should be to prevent or detect unauthorised border crossings, to contribute to raising situational awareness, to counter cross-border criminality and to take measures against persons who have crossed the border illegally. It should also involve the carrying out of risk analyses.
  • Temporary restrictions on travel to the Union
  • The Council, on the basis of a proposal by the Commission, may adopt an implementing Regulation providing for temporary restrictions on travel to the Member States to be applied at the external borders in the event of large-scale public health emergencies . Temporary restrictions on travel may include temporary restrictions on entry to the Member States and temporary health-related restrictions that are necessary for the protection of public health in the area without internal border control. Those temporary health related restrictions may include testing, quarantine and self-isolation. Temporary restrictions on travel to the Union should be proportionate and non-discriminatory and should not have a negative impact on the functioning of the area without internal border control.
  • Restrictions on entry to the Member States for persons undertaking essential travel should be imposed only exceptionally , for a strictly limited period of time, until sufficient information about the large-scale public health emergencies, is available and until the Council, on a proposal by the Commission, identifies and adopts alternative health-related restrictions that are necessary to protect public health and that are to be applied to those persons.
  • Procedure for transferring persons apprehended in internal border areas
  • Where the national law enforcement authorities of a Member State apprehend third-country nationals who do not have the right to stay in that Member State, in border areas, during checks involving the competent authorities in the framework of bilateral cooperation, which may include, in particular, joint police patrols, these authorities will have the possibility to transfer the third-country nationals to the Member State from which they entered the transferring Member State, provided that the third-country nationals do not have the right to stay in the transferring Member State.
  • The transfer procedure should not apply to asylum seekers or beneficiaries of international protection . When transferring a third-country national presumed to be a minor , the transferring Member State should inform the receiving Member State of this presumption and both Member States will have to ensure that all measures are taken in the best interests of the child and in accordance with their respective national law.
  • Third-country nationals apprehended in border areas and transferred as part of the procedure must have a right of appeal .
  • General framework for the temporary reintroduction or prolongation of border control at internal borders
  • Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders.
  • A serious threat to public policy or internal security may, in particular, be considered to arise from: (i) terrorist incidents or threats , and threats posed by serious organised crime; (ii) an exceptional situation characterised by sudden large-scale unauthorised movements of third-country nationals between the Member States, putting a substantial strain on the overall resources and capacities of well-prepared competent authorities and which is likely to put at risk the overall functioning of the area without internal border control.
  • In all cases, border control at internal borders should be reintroduced only as a measure of last resort . The scope and duration of the temporary reintroduction of border control should not exceed what is strictly necessary to respond to the serious threat identified. Border control may only be reintroduced or prolonged where a Member State has established that such a measure is necessary and proportionate.
  • Where a Member State considers that there is a major exceptional situation with regard to a persisting serious threat justifying the continued need for border control at internal borders in excess of the maximum period of six months, it should notify the European Parliament, the Council and the Commission and the other Member States of its intention to prolong internal border control for an additional period of up to 6 months.
  • That notification should include a risk assessment. Within 3 months after the notification, the Commission should issue a new opinion on the necessity and proportionality of the prolongation of border control at internal borders.
  • Where, in the event of a major exceptional situation, the continuing need to maintain border control at internal borders is confirmed but the additional period of six months is not sufficient to ensure the availability of other effective measures to deal with the continuing threat, a Member State may decide to extend border control at internal borders for a second and final additional period of no more than six months.
  • In exceptional circumstances and under certain conditions Member States should be able to prolong border control at internal borders for two further periods of six months.
events/10
date
2024-05-24T00:00:00
type
Act adopted by Council after Parliament's 1st reading
body
EP/CSL
procedure/stage_reached
Old
Awaiting Council's 1st reading position
New
Awaiting signature of act
docs/10
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0323_EN.html title: T9-0323/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9
date
2024-04-24T00:00:00
type
Decision by Parliament, 1st reading
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0323_EN.html title: T9-0323/2024
forecasts
  • date: 2024-04-22T00:00:00 title: Indicative plenary sitting date
procedure/stage_reached
Old
Awaiting Parliament's position in 1st reading
New
Awaiting Council's 1st reading position
forecasts
  • date: 2024-04-22T00:00:00 title: Indicative plenary sitting date
forecasts
  • date: 2024-04-22T00:00:00 title: Indicative plenary sitting date
forecasts
  • date: 2024-04-22T00:00:00 title: Indicative plenary sitting date
events/8
date
2024-03-19T00:00:00
type
Approval in committee of the text agreed at 1st reading interinstitutional negotiations
body
EP
docs
url: https://www.europarl.europa.eu/RegData/commissions/libe/inag/2024/02-14/LIBE_AG(2024)759664_EN.docx title: PE759.664
events/8
date
2024-03-19T00:00:00
type
Approval in committee of the text agreed at 1st reading interinstitutional negotiations
body
EP
docs
url: https://www.europarl.europa.eu/RegData/commissions/libe/inag/2024/02-14/LIBE_AG(2024)759664_EN.docx title: PE759.664
events/8
date
2024-03-19T00:00:00
type
Approval in committee of the text agreed at 1st reading interinstitutional negotiations
body
EP
docs
url: https://www.europarl.europa.eu/RegData/commissions/libe/inag/2024/02-14/LIBE_AG(2024)759664_EN.docx title: PE759.664
events/8
date
2024-03-19T00:00:00
type
Approval in committee of the text agreed at 1st reading interinstitutional negotiations
body
EP
docs
url: https://www.europarl.europa.eu/RegData/commissions/libe/inag/2024/02-14/LIBE_AG(2024)759664_EN.docx title: PE759.664
events/8
date
2024-03-19T00:00:00
type
Approval in committee of the text agreed at 1st reading interinstitutional negotiations
body
EP
docs
url: https://www.europarl.europa.eu/RegData/commissions/libe/inag/2024/02-14/LIBE_AG(2024)759664_EN.docx title: PE759.664
events/8
date
2024-03-19T00:00:00
type
Approval in committee of the text agreed at 1st reading interinstitutional negotiations
body
EP
docs
url: https://www.europarl.europa.eu/RegData/commissions/libe/inag/2024/02-14/LIBE_AG(2024)759664_EN.docx title: PE759.664
events/8
date
2024-03-19T00:00:00
type
Approval in committee of the text agreed at 1st reading interinstitutional negotiations
body
EP
docs
url: https://www.europarl.europa.eu/RegData/commissions/libe/inag/2024/02-14/LIBE_AG(2024)759664_EN.docx title: PE759.664
docs/9
date
2024-02-14T00:00:00
docs
url: https://www.europarl.europa.eu/RegData/commissions/libe/inag/2024/02-14/LIBE_AG(2024)759664_EN.docx title: PE759.664
type
Text agreed during interinstitutional negotiations
body
EP
docs/9
date
2024-02-14T00:00:00
docs
url: https://www.europarl.europa.eu/RegData/commissions/libe/inag/2024/02-14/LIBE_AG(2024)759664_EN.docx title: PE759.664
type
Text agreed during interinstitutional negotiations
body
EP
docs/9
date
2024-02-14T00:00:00
docs
url: https://www.europarl.europa.eu/RegData/commissions/libe/inag/2024/02-14/LIBE_AG(2024)759664_EN.docx title: PE759.664
type
Text agreed during interinstitutional negotiations
body
EP
forecasts/0/date
Old
2024-04-10T00:00:00
New
2024-04-22T00:00:00
docs/8
date
2024-02-14T00:00:00
docs
title: GEDA/A/(2024)001064
type
Coreper letter confirming interinstitutional agreement
body
CSL
forecasts
  • date: 2024-04-10T00:00:00 title: Indicative plenary sitting date
events/6
date
2023-10-05T00:00:00
type
Results of vote in Parliament
body
EP
docs
url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=60490&l=en title: Results of vote in Parliament
docs/8
date
2023-09-27T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/A-9-2023-0280_EN.html title: A9-0280/2023
type
Committee report tabled for plenary, 1st reading/single reading
body
EP
events/4/summary
  • The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Sylvie GUILLAUME (S&D, FR) on the proposal for a 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.
  • The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
  • Restrictions on travel to the European Union
  • The amended text called for a more coherent EU response in cases of large-scale public cross-border health emergencies , allowing temporary restrictions on entry into the Schengen area, but exempting EU citizens, long-term residents and asylum seekers.
  • Procedure for transferring persons apprehended at the internal borders
  • The procedure by which a Member State may transfer third country nationals with no right to stay to a Member State from where the person came directly should take place swiftly but be limited and subject to safeguards. Concerning irregular migrants apprehended at the internal borders as part of cross-border police operational cooperation to the Member States from where they come directly, Members stated that several categories should be excluded, including unaccompanied minors or members of their family arriving together , from such returns.
  • Moreover, the procedure should also not apply to third-country nationals who are holders of long-term residence permits or their family members, third-country nationals who enjoy the right to free movement in the Union, third-country nationals who are holders of valid long-stay visas and their family members in accordance with national law, third country nationals who are holders of a valid short stay visa or to third country nationals who are entitled to visa-free travel within the Schengen Area in so far as they have been on the territory for less than 90 days in any 180-day period.
  • Border surveillance
  • The main purpose of border surveillance should be to prevent unauthorised border crossings, to provide situational awareness, to counter cross-border criminality and to take measures against persons who have crossed the border irregularly. Surveillance between border crossing points should be carried out by border guards whose numbers and methods should be adapted to existing or foreseen risks and threats, including the possible risk to life of those seeking to cross the border.
  • General framework for the temporary reintroduction or prolongation of border control at internal borders
  • Members extended the scope of threats that may lead to the unilateral reintroduction of border controls at internal borders and circumstances under which internal border controls can be prolonged. For example, a serious threat to public policy or internal security may be considered to arise from, in particular:
  • - an identified and immediate threat of acts of terrorism or of serious organised crime;
  • - an exceptional situation in which there is an unexpected and sudden large-scale unauthorised movement of third-country nationals between Member States , putting at risk the overall functioning of the area without internal border control.
  • Procedure for the temporary reintroduction or prolongation of border control at internal borders
  • The amended text stipulates that border control at internal borders may be reintroduced for a period of up to three months. Where Member States reintroduce controls at internal borders because of foreseeable threats, they should be able to do so for a period of three months, renewable up to a maximum of 18 months.
  • Criteria for the temporary reintroduction and prolongation of border control at internal border
  • To establish whether the reintroduction or prolongation of border control at internal borders is necessary and proportionate, a Member State should first assess in particular:
  • - whether the reintroduction of border controls at internal borders is likely to adequately remedy the serious threat to public policy or internal security;
  • - whether measures other than the temporary reintroduction of border control at internal borders are likely to sufficiently remedy the serious threat to public policy or internal security;
  • - the use of alternative measures such as proportionate police checks;
  • - other forms of police cooperation provided for under Union law, including on matters such as joint patrols, joint operations, joint investigation teams, cross-border hot pursuits or cross-border surveillance.
  • Where a Member State decides to prolong the border control at internal borders beyond a period of six months, it should carry out a risk assessment.
events/6
date
2023-10-05T00:00:00
type
Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71 - vote)
body
EP
events/6
date
2023-10-04T00:00:00
type
Request for a plenary vote on the Committee decision to enter into interinstitutional negotiations (Rule 71)
events/6
date
2023-10-04T00:00:00
type
Request for a plenary vote on the Committee decision to enter into interinstitutional negotiations (Rule 71)
events/5
date
2023-10-02T00:00:00
type
Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
body
EP
docs/8/docs/0/url
https://www.europarl.europa.eu/doceo/document/A-9-2023-0280_EN.html
events/4/docs/0/url
https://www.europarl.europa.eu/doceo/document/A-9-2023-0280_EN.html
docs/8
date
2023-09-27T00:00:00
docs
title: A9-0280/2023
type
Committee report tabled for plenary, 1st reading/single reading
body
EP
events/4
date
2023-09-27T00:00:00
type
Committee report tabled for plenary, 1st reading
body
EP
docs
title: A9-0280/2023
procedure/stage_reached
Old
Awaiting committee decision
New
Awaiting Parliament's position in 1st reading
events/2
date
2023-09-20T00:00:00
type
Vote in committee, 1st reading
body
EP
events/3
date
2023-09-20T00:00:00
type
Committee decision to open interinstitutional negotiations with report adopted in committee
body
EP
docs/4
date
2022-10-12T00:00:00
docs
url: https://dmsearch.cor.europa.eu/search/public?k=(documenttype:AC)(documentnumber:5247)(documentyear:2022)(documentlanguage:EN) title: CDR5247/2022
type
Committee of the Regions: opinion
body
CofR
procedure/Legislative priorities/0
title
Joint Declaration 2023-24
url
https://oeil.secure.europarl.europa.eu/oeil/popups/thematicnote.do?id=41380&l=en
committees/0
type
Responsible Committee
body
EP
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
associated
False
rapporteur
name: GUILLAUME Sylvie date: 2022-03-31T00:00:00 group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
committees/0
type
Responsible Committee
body
EP
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
associated
False
rapporteur
name: GUILLAUME Sylvie date: 2022-03-31T00:00:00 group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
docs/5/docs/0/url
https://www.europarl.europa.eu/doceo/document/LIBE-AM-739712_EN.html
docs/6/date
Old
2022-12-09T00:00:00
New
2022-12-12T00:00:00
docs/0
date
2021-12-15T00:00:00
docs
summary
type
Legislative proposal
body
EC
events/0
date
2021-12-15T00:00:00
type
Legislative proposal published
body
EC
docs
summary
docs/0
date
2021-12-15T00:00:00
docs
summary
type
Legislative proposal
body
EC
events/0
date
2021-12-15T00:00:00
type
Legislative proposal published
body
EC
docs
summary
docs/6/docs/0/url
https://www.europarl.europa.eu/doceo/document/LIBE-AM-739713_EN.html
docs/5
date
2022-12-09T00:00:00
docs
title: PE739.712
type
Amendments tabled in committee
body
EP
docs/6
date
2022-12-09T00:00:00
docs
title: PE739.713
type
Amendments tabled in committee
body
EP
docs/4/docs/0/url
https://www.europarl.europa.eu/doceo/document/LIBE-PR-737471_EN.html
docs/4
date
2022-11-08T00:00:00
docs
title: PE737.471
type
Committee draft report
body
EP
committees/0/shadows/5
name
PELLETIER Anne-Sophie
group
The Left group in the European Parliament - GUE/NGL
abbr
GUE/NGL
docs/3
date
2022-05-18T00:00:00
docs
url: https://dmsearch.eesc.europa.eu/search/public?k=(documenttype:AC)(documentnumber:0264)(documentyear:2022)(documentlanguage:EN) title: CES0264/2022
type
Economic and Social Committee: opinion, report
body
ESC
committees/0
type
Responsible Committee
body
EP
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
associated
False
rapporteur
name: GUILLAUME Sylvie date: 2022-03-31T00:00:00 group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
committees/0
type
Responsible Committee
body
EP
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
associated
False
rapporteur
name: GUILLAUME Sylvie date: 2022-03-31T00:00:00 group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
docs/0
date
2021-12-15T00:00:00
docs
summary
type
Legislative proposal
body
EC
events/0
date
2021-12-15T00:00:00
type
Legislative proposal published
body
EC
docs
summary
docs/0
date
2021-12-15T00:00:00
docs
summary
type
Legislative proposal
body
EC
events/0
date
2021-12-15T00:00:00
type
Legislative proposal published
body
EC
docs
summary
links
Research document
committees/0
type
Responsible Committee
body
EP
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
associated
False
rapporteur
name: GUILLAUME Sylvie date: 2022-03-31T00:00:00 group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
committees/0
type
Responsible Committee
body
EP
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
associated
False
rapporteur
name: GUILLAUME Sylvie date: 2022-03-31T00:00:00 group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
procedure/Legislative priorities
  • title: Joint Declaration 2022 url: https://oeil.secure.europarl.europa.eu/oeil/popups/thematicnote.do?id=41360&l=en
procedure/subject/7.10
Free movement and integration of third-country nationals
procedure/subject/7.10.02
Schengen area, Schengen acquis
procedure/subject/7.10.04
External borders crossing and controls, visas
docs/0
date
2021-12-15T00:00:00
docs
summary
type
Legislative proposal
body
EC
events/0
date
2021-12-15T00:00:00
type
Legislative proposal published
body
EC
docs
summary
procedure/subject/7.10
Free movement and integration of third-country nationals
procedure/subject/7.10.02
Schengen area, Schengen acquis
procedure/subject/7.10.04
External borders crossing and controls, visas
committees/0/shadows/3
name
JAKI Patryk
group
European Conservatives and Reformists Group
abbr
ECR
committees/0
type
Responsible Committee
body
EP
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
associated
False
rapporteur
name: GUILLAUME Sylvie date: 2022-03-31T00:00:00 group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
committees/0
type
Responsible Committee
body
EP
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
associated
False
rapporteur
name: GUILLAUME Sylvie date: 2022-03-24T00:00:00 group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
committees/0/shadows/1
name
AZMANI Malik
group
Renew Europe group
abbr
Renew
committees/0/rapporteur
  • name: GUILLAUME Sylvie date: 2022-03-24T00:00:00 group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
committees/0/shadows
  • name: SKYTTEDAL Sara group: Group of European People's Party abbr: EPP
  • name: BARRENA ARZA Pernando group: The Left group in the European Parliament - GUE/NGL abbr: GUE/NGL
events
  • date: 2022-02-14T00:00:00 type: Committee referral announced in Parliament, 1st reading body: EP
procedure/dossier_of_the_committee
  • LIBE/9/07998
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
procedure/title
Old
Union Code on the rules governing the movement of persons across borders (Schengen Borders Code)
New
Schengen Borders Code
commission
  • body: EC dg: Migration and Home Affairs commissioner: JOHANSSON Ylva
docs/0/docs/0
url
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2021&nu_doc=0891
title
EUR-Lex