European Commission aims to harmonise Member States’ measures at the EU’s external borders in crisis situations

The European Commission wants to harmonise measures taken by the Member States at the EU’s external borders in various crisis situations. The Commission issued a proposal for amending the Schengen Borders Code in December. The aim is to develop the Member States’ joint actions at the external and internal borders and in the area of free movement. The Government expressed its position on the proposal in its communication submitted to Parliament on 10 February.

Reinforcing a common approach in the event of a pandemic

The Commission’s proposal is part of a package aimed at improving the functioning of the Schengen area. The purpose is to reinforce a common approach at external borders, for example in the event of a pandemic, when the aim is to contain the spread of a highly infectious disease. The provisions would impose additional obligations on the Member States and safeguard the area of free movement and the single market.

Proposal seeks to address challenges related to instrumentalisation of migrants

The Commission also proposes new regulation to respond to the instrumentalisation of migrants at external borders. In this context, instrumentalisation of migrants refers to a situation where a third country instigates migrants into the Union by actively encouraging or facilitating such movement to the external borders from within its territory. The aims include destabilising the European Union or a Member State.

The proposal defines what is meant by instrumentalisation of migrants and what measures a Member State should take in these situations. In addition, the new regulation aims to clarify the Member States’ responsibilities for the management of external borders and to respond to the challenges related to instrumentalisation of migrants.

The Commission proposes that, if the situation so requires, it would be possible for a Member State to restrict the opening hours of border crossing points or, if necessary, close the border crossing point completely. However, when resorting to such measures, EU citizens’ access to the country should be ensured and the right to apply for international protection should be guaranteed.

New regulation concerning reintroduction of internal border controls and its alternatives

The Commission also proposes a new mechanism allowing an EU Member State to reintroduce internal border controls in a coordinated manner in situations that jeopardise public order and internal security in a majority of Member States. In this context, additional measures are proposed to minimise the impact of internal border controls on cross-border regions and, more broadly, on the single market.

The proposal specifies the measures that a Member State can already take to replace temporary reintroduction of internal border controls. The aim is to give the Member States sufficient room for manoeuvre, based on national legislation, within which the different authorities could act at the internal border or in its vicinity in accordance with the objectives of the provision in question.

The Commission’s proposal aims to enable Member States to better address unauthorised movements of third-country nationals and to respond to health security threats without needing to resort to internal border controls. The regulation also aims to clarify the possibility for Member States to use surveillance technology and advance information obtained from passengers when crossing internal borders.

Schengen and free movement are among the key achievements of the EU

The Schengen area and free movement are considered among the key achievements of the EU.  In recent years, the area of free movement has faced unprecedented challenges. The migration crisis of 2015 demonstrated the vulnerability of the Schengen area, which was further reinforced by the terrorist attacks that took place a little later. Most recently, the global COVID-19 pandemic and the instrumentalisation of migrants have shown that Schengen should be developed to meet today’s challenges.

Inquiries:
Jani Järäinen, Border Management Specialist, tel. +358 295 421 134, [email protected]