On 14 December 2021, the European Commission presented a proposal for a Regulation amending Regulation (EU)2016/399 on a Union Code on the rules governing the movement of persons across borders. The proposal aimed to provide the Schengen area with the capacity to respond in a uniform manner to new challenges, including major public health threats (such as the covid-19 pandemic), threats resulting from the instrumentalisation of migrants as well as terrorism or unauthorised movements. On 6 February 2024, the Council presidency and European Parliament reached a provisional agreement on the final law.

On 24 May 2024, the Council of the European Union gave its final approval to the new Schengen Borders Code. The main elements of the reform include:

• In the event of a large-scale public health emergency, the new rules grant the possibility – following a Council decision – to put in place harmonised temporary travel restrictions at the EU’s external border. 
   
• In order to fight the instrumentalisation of migration, the amended Schengen Borders Code will offer Member States the possibility to limit the number of border crossing points or reduce their opening hours and allows for enhanced border surveillance measures.
   
• When there is a serious threat to public policy or internal security, the revised Schengen Borders Code clarifies the existing framework for the reintroduction and prolongation of internal border controls. Internal border controls may remain in place for a maximum duration of two years, prolonged by 6 additional months, renewable once for a total duration of one year, in major exceptional situations. To substantially limit the reintroduction of temporary border controls, Member States are encouraged to use alternative measures, typically consisting of police checks and cross-border cooperation.
   
• A new transfer 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.

This Regulation will enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It is directly applicable in the EU countries.

For further details, you can read the press release from the Council.