The Commission issues opinions on temporary internal border controls within the Schengen area

The Commission has issued opinions on the temporary reintroduction of internal border controls by Austria, Denmark, France, Germany, Italy, the Netherlands, Norway, SloveniaandSweden.

Whilst EU law allows for the temporary reintroduction of internal border controls under certain conditions, it also requires the Commission to issue an opinion where such controls last for more than 12 months. The opinions issued today assess the necessity and proportionality of the notified internal border controls, as well as the available alternative and mitigating measures adopted by Member States to limit the negative consequences on cross-border travel. 

The Commission remains committed to upholding the principles of free movement and security throughout the Schengen area. The opinions issued today include recommendations to enable Member States to move towards the phased phasing out andgradual lifting of internal border controls.

Key conclusions and recommendations

Although the situation differs in each Member State, a number of key common conclusions can be highlighted:

• Under EU law, Member States are entitled to reintroduce temporary border controls on an exceptional and temporary basis when faced with a serious threat to public order or internal security. Member States have made use of this possibility due to genuine and legitimate concerns regarding security threats and the migration situation.  
• The reintroduction of internal border controls inevitably has consequences for neighbouring Member States. When internal border controls are reintroduced, it is essential that Member States take measures to limit any negative consequences for cross-border workers and communities. The Commission’s structured dialogue and the consultation process initiated by the Schengen Coordinator with the Member States concerned have helped to significantly reduce waiting times and improve operational coordination and information sharing.
• The forthcoming entry into force of the Pact on Migration and Asylum will significantly strengthen the structural conditions necessary for the gradual lifting of internal border controls. The Pact will strengthen 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 implementation of the European Travel Information and Authorisation System (ETIAS) will improve the monitoring of movements across the EU’s external borders, significantly enhancing the control of who enters and leaves the Union and when and where crossings take place.  
• There are more efficient and effective alternatives to internal border controls. In particular, non-systematic police checks or mobile biometric identification and vehicle tracking technologies constitute effective alternatives to internal border controls.
• In most cases, Member States already use risk-based and non-systematic checks. These checks are similar to non-systematic police checks and could be gradually replaced with relative ease by alternative solutions. 

In this context, the Commission recommends that the nine Member States concerned work towards the phasing out of internal border controls, making full use of the available alternative measures and regional cooperation.

Next steps

The Commission will consult all the Member States concerned on the best way to implement these recommendations and will continue to work with them to ensure that temporary internal border controls do not undermine the long-term functioning of free movement.  

Background

The Schengen area contributes significantly to the smooth functioning of the internal market and to the economic prosperity of the EU. By allowing the free movement of goods, workers and services across internal borders, cross-border regions thrive and national economies benefit from reduced administrative burdens and economies of scale.

The Schengen Borders Code provides that a Member State may reintroduce internal border controls to address a serious threat to public order or internal security, where necessary and proportionate. In principle, the maximum duration of internal border controls may not exceed two years. However, if a Member State considers that there is a major exceptional situation relating to a persistent serious threat justifying the need to maintain internal border controls for a period exceeding this maximum of two years, a further extension may be granted. 

The Schengen Borders Code requires the European Commission to assess whether prolonged internal border controls (lasting more than 12 months for the same reason), in accordance with Article 25a(4), are necessary and proportionate. By adopting today’s opinions, the Commission is fulfilling this legal obligation.

More information: European Commission.