In its 2020 Pact on Migration and Asylum, the Commission announced its intention to update the Schengen rules in order to boost Schengen's resilience to serious threats and to adapt the Schengen rules to evolving challenges. After proposing a new Schengen strategy and a revision of the Schengen Evaluation and Monitoring Mechanism (in June 2021), the Commission presented on 14 December 2021 a proposal for a regulation amending Regulation (EU) 2016/399 (Schengen Border Code - SBC) on the rules governing the movement of persons across borders.

Today, a political agreement was reached between the European Parliament and the Council on new rules for the Schengen Borders Code. Today's agreement includes the following measures:

• The amended Schengen borders code will offer Member States new measures for managing the EU's external borders effectively in a situation where migrants are instrumentalised for political purposes. This includes limiting the number of border crossing points or reducing their opening hours.
   
• The agreed text strengthens the framework for the reintroduction and prolongation of internal border controls. Member states may reintroduce controls as an exception when there is a serious threat to public policy or internal security. They will need to assess the necessity and proportionality of this reintroduction and assess whether the objectives pursued cannot be attained by other measures, including alternative measures.
   
• The new code also introduces alternative measures to counter unauthorised movements of third-country nationals staying illegally in the Schengen area. A new procedure will allow a Member State to transfer third-country nationals apprehended in the border area and staying illegally in its territory to the Member State from which they arrived directly.

Today’s provisional agreement will be submitted to Member State’s representatives in the Council (Coreper) for confirmation. It will also have to be formally adopted by both institutions.

For further information, please read the press release from the Council of the EU and the press release from the European Commission.