The European Parliament adopted by 533 votes to 86,
with 36 abstentions, a legislative resolution on the proposal for a
regulation of the European Parliament and of the Council on a Union
Code on the rules governing the movement of persons across borders
(Schengen Borders Code) (codified text).
Parliament adopted its position at first reading under
the ordinary legislative procedure taking over the Commission
proposal.
The proposal is a straightforward codification of
existing texts, without any change in their
substance.
The proposed Regulation provides for the absence of
border control of persons crossing the internal borders between the
Member States of the Union:
- it lays down rules governing border control of persons
crossing the external borders of the Member States of the
Union;
- it applies to any person crossing the internal or
external borders of Member States, without prejudice to: (a) the
rights of persons enjoying the right of free movement under Union
law; (b) the rights of refugees and persons requesting
international protection, in particular as regards
non-refoulement.
Moreover, the proposed Regulation provides:
- that it is necessary to set out the conditions,
criteria and detailed rules governing checks at border crossing
points and surveillance at the border, including checks in the
Schengen Information System (SIS); border checks should be carried
out in such a way as to fully respect human dignity;
- for rules dealing with the calculation of the
authorised length of short-term stays in the Union should be provided;
- for provisions to be made for the use at external
borders of the Visa Information System (VIS) provided for
under Regulation (EC) No 767/2008 of the European Parliament and of
the Council; in order to verify whether the entry conditions for
third-country nationals laid down in this Regulation are fulfilled
and to manage their tasks successfully, border guards should use
all necessary information available, including data which may be
consulted in the VIS;
- that since only a verification of fingerprints can
confirm with certainty that a person wishing to enter the Schengen
area is the person to whom the visa has been issued, the use of the
VIS should entail a systematic search in the VIS using the
number of the visa sticker in combination with a verification of
fingerprints. However, given the potential impact of such searches
on waiting times at border crossing points, it should be possible,
for a transitional period by way of derogation and in
strictly defined circumstances, to consult the VIS without a
systematic verification of fingerprints;
- that it should be possible to have checks at
external borders relaxed in the event of exceptional and
unforeseeable circumstances in order to avoid excessive waiting
time at border crossing points. The systematic stamping of the
documents of third-country nationals remains an obligation in the
event of border checks being relaxed;
- that in order to reduce the waiting times of persons
enjoying the Union right of free movement, separate lanes,
indicated by uniform signs in all Member States, should, where
circumstances allow, be provided at border crossing points.
Separate lanes should be provided in international airports. Where
it is deemed appropriate and if local circumstances so allow,
Member States should consider installing separate lanes at sea and
land border crossing points;
- Member States should designate the national service or
services responsible for border-control tasks in accordance
with their national law;
- for the temporary reintroduction of internal border
control in exceptional circumstances,
but without jeopardising the principle of the free movement of
persons. The scope and duration of any temporary reintroduction of
such measures should be restricted to the bare minimum
needed to respond to a serious threat to public policy or internal
security. In any case, the reintroduction of internal border
control should remain an exception and should only be
effected as a measure of last resort. Any decision to reintroduce
such control should be taken in accordance with commonly agreed
criteria and should be duly notified to the Commission or
recommended by a Union institution;
- for the possibility to trigger a specific
procedure for the temporary reintroduction of border control at
internal borders where an evaluation report has concluded that the
evaluated Member State is seriously neglecting its
obligations.