Today the Commission issued opinions on the temporary reintroduction of internal border controls by Austria, Denmark, France, Germany, Italy, The Netherlands, Norway, Slovenia and Sweden.
While EU law allows for the temporary reintroduction of internal border controls under certain conditions, it also requires the Commission to issue an opinion when such controls last more than 12 months. The opinions issued today assess the necessity and proportionality of the notified internal border controls, as well as available alternative and mitigating measures taken by Member States to limit negative consequences on cross-border travel.
The Commission remains committed to upholding the principles of free movement and security across the Schengen area. The opinions issued today include recommendations to enable Member States to work towards phasing out and gradually lifting internal border controls.
Key findings and recommendations
While the situation in each Member State differs, a number of common key findings can be highlighted:
- Under EU law, Member States have the right to exceptionally and temporarily reintroduce temporary border controls when they are confronted with a serious threat to public policy or internal security. Member States have made use of this possibility due to genuine and legitimate concerns related to security threats and the migratory situation.
- The reintroduction of controls at the internal border inevitably has consequences for neighbouring Member States. Where internal border controls are reintroduced, it is crucial that Member States take steps to limit any negative consequence on cross border commuters and communities. The Commission's structured dialogue and the consultation process initiated by the Schengen Coordinator with the concerned Member States have helped to significantly reduce waiting times and improve operational coordination and information exchange.
- The upcoming entry into application of the Pact on Migration and Asylum will significantly strengthen the structural conditions needed to gradually lift internal border controls. The Pact will reinforce the management of the EU's external borders and provide Member States with more effective tools to address unauthorised movements within the Schengen area.
- The Entry-Exit System (fully applicable since April this year) and the future roll out of the European Travel Information and Authorisation System (ETIAS), will enhance oversight of movements across the EU's external borders, significantly improving the monitoring of who enters and leaves the Union and when and where crossings are taking place.
- More efficient and effective alternatives to internal border controls are available. In particular, non-systematic police checks or mobile biometric identification and vehicle tracking technologies constitute effective alternatives to internal border controls.
- In most instances, Member States already make use of risk-based and non-systematic controls. These controls resemble non-systematic police checks and could with relative ease be gradually replaced by alternative solutions.
Against this background, the Commission recommends that the nine Member States concerned work towards phasing out and gradually lifting internal border controls, making full use of available alternative measures and regional cooperation.
Next steps
The Commission will consult all Member States concerned on how the opinions can be best put into practice and will continue to work with Member States to ensure that temporary internal border controls do not undermine the long-term functionality of free movement.
Background
Schengen contributes significantly to the well-functioning of the internal market and the economic prosperity of the EU. As goods, workers and services cross internal borders unhindered, cross-border regions thrive and national economies benefit from lower administrative burdens and economies of scale.
The Schengen Borders Code provides that a Member State may reintroduce internal border controls in view of addressing a serious threat to public policy or internal security, when this is necessary and proportionate. In principle, the maximum duration of border control at internal borders shall not exceed 2 years. However, 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 this maximum period of two years, an additional prolongation is possible.
The Schengen Borders Code requires the European Commission to assess whether prolonged internal border checks (over 12 months for the same reason) under Article 25a(4) are necessary and proportionate. By adopting today's opinions, the Commission is complying with this legal obligation.
