The French Presidency of the EU Council will make new proposals for progress on the reform of the Schengen code on Friday 6 May, but it has not yet reflected in its work the lessons from the Court of Justice of the EU’s ruling of 26 April which gave a stricter reading to the conditions for renewing internal border controls.
Possible changes to the Commission’s reform proposal, which already strengthens the demands for justification to re-establish internal border controls, could therefore come at a later stage.
On 29 April, Member States had a preliminary exchange of views on the judgment (see EUROPE 12939/9), with some countries welcoming the fact that the Court of Justice of the EU has given a stricter framework to the conditions for renewing controls after an initial six-month period. It was agreed to give some time to integrate the reactions of the Member States, while Austria, whose practices were considered illegal by this judgment, is said to have asked not to draw too hasty a conclusion.
The compromise that will be submitted to the experts on 6 May therefore mainly modifies the aspects of the reform related to the instrumentalisation of migrants or the procedures for transferring irregular migrants, intercepted, for example, by means of a joint police patrol in border areas.
On instrumentalisation, Member States could now also apply measures to reduce border crossing points in “emergency situations” at their external borders and not only in the context of instrumentalisation.
A recital is also added, stating that “in a situation of instrumentalisation of migrants, in particular where third-country nationals attempt to force entry en masse by using disproportionate violent means, Member States may take the necessary measures, in accordance with national law, to preserve security, law and order”.
On the carrying out of new police controls in border areas, and not directly at the border between two Member States, for example to monitor illegal migration or for health control purposes, a new recital also specifies that “these controls should not have a disproportionate impact on the free flow of traffic at internal borders, in particular by causing excessive waiting times. Where appropriate, Member States may inform the neighbouring Member State of their actions, in particular where these actions are expected to have a greater effect on cross-border traffic.
With regard to the return of migrants from one country to another, it is also stated that this “should not apply to persons applying for international protection”.
On essential travellers who can travel to the EU in the event of a pandemic, a list of categories of people potentially exempted from restrictions, deleted in the last compromise, has also reappeared, in the form of a recital.
Link to the text: https://aeur.eu/f/1hn (Original version in French by Solenn Paulic)