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6.11.2013 Official
Journal
of
the
European
Union L
295/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU) No 1051/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 22 October 2013
amending Regulation (EC) No 562/2006 in order to provide for common rules on the temporary
reintroduction of border control at internal borders in exceptional circumstances
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
such measures should be restricted to the bare minimum
EUROPEAN UNION,
needed to respond to a serious threat to public policy or
internal security.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 77(1) and (2) thereof,
(2) Free
movement
of
persons
within
the
area
without
internal border control is a key Union achievement. As
free movement of persons is affected by the temporary
Having regard to the proposal from the European Commission,
reintroduction of internal border control, any decision to
reintroduce such control should be taken in accordance
with commonly agreed criteria and should be duly
notified to the Commission or be recommended by a
After transmission of the draft legislative act to the national
Union institution. In any case, the reintroduction of
parliaments,
internal border control should remain an exception and
should only be effected as a measure of last resort, for a
strictly limited scope and period of time, based on
specific objective criteria and on an assessment of its
Acting in accordance with the ordinary legislative procedure (
necessity which should be monitored at Union level.

1 ),
Where a serious threat to public policy or internal
security requires immediate action, a Member State
should be able to reintroduce border control at its
Whereas:
internal borders for a period not exceeding ten days.
Any prolongation of that period needs to be monitored
at Union level.
(1) The
creation
of
an
area
in
which
the
free
movement
of
persons across internal borders is ensured is one of the
main achievements of the Union. In an area without
(3) The
necessity
and
proportionality
of
reintroducing
internal border control, it is necessary to have a
internal border control should be balanced against the
common response to situations seriously affecting the
threat to public policy or internal security triggering
public policy or internal security of that area, of parts
the need for such reintroduction, as should alternative
thereof, or of one or more Member States, by allowing
measures which could be taken at national or Union
for the temporary reintroduction of internal border
level, or both, and the impact of such control on the
control in exceptional circumstances, but without jeop
free movement of persons within the area without
ardising the principle of the free movement of persons.
internal border control.
Given the impact that such measures of last resort may
have on all persons having the right to move within the
area without internal border control, the conditions and
procedures for reintroducing such measures should be
laid down, in order to ensure that they are exceptional
(4) The
reintroduction
of
internal
border
control
might
and that the principle of proportionality is respected. The
exceptionally be necessary in the case of a serious
scope and duration of any temporary reintroduction of
threat to public policy or to internal security at the
level of the area without internal border control or at
national level, in particular following terrorist incidents
( 1 ) Position of the European Parliament of 12 June 2013 (not yet
published in the Official Journal) and Decision of the Council of
or threats, or because of threats posed by organised
7 October 2013.
crime.

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(5) Migration
and
the
crossing
of
external
borders
by
a
large
process in accordance with Articles 14 and 15 of Regu
number of third-country nationals should not, per se, be
lation (EU) No 1053/2013, where those circumstances
considered to be a threat to public policy or internal
would constitute a serious threat to public policy or
security.
internal security in that area or in parts thereof. Such a
specific procedure for the temporary reintroduction of
border control at certain internal borders could also be
triggered, under the same conditions, as a result of the
(6)
In accordance with the case-law of the Court of Justice of
serious negligence by the evaluated Member State of its
the European Union, a derogation from the fundamental
obligations. In view of the politically sensitive nature of
principle of free movement of persons must be inter
such measures which touch on national executive and
preted strictly and the concept of public policy
enforcement powers regarding internal border control,
presupposes the existence of a genuine, present and suffi
implementing powers to adopt recommendations under
ciently serious threat affecting one of the fundamental
that specific Union-level procedure should be conferred
interests of society.
on the Council, acting on a proposal from the
Commission.
(7) Based
on
the
experience
gathered
with
respect
to
the
functioning of the area without internal border control
(10) Before
any
recommendation
on
the
temporary
reintro
and in order to help ensure the consistent implemen
duction of border control at certain internal borders is
tation of the Schengen acquis, the Commission may
adopted, the possibility of resorting to measures aiming
draw up guidelines on the reintroduction of internal
to address the underlying situation, including assistance
border control in cases which require such a measure
by Union bodies, offices or agencies, such as the
on a temporary basis and in cases where immediate
European Agency for the Management of Operational
action is needed. Those guidelines should provide clear
Cooperation at the External Borders (‘Frontex’), estab
indicators to facilitate the assessment of the circum
lished by Council Regulation (EC) No 2007/2004 ( 3 ), or
stances that could constitute serious threats to public
the European Police Office (‘Europol’), established by
policy or internal security.
Council Decision 2009/371/JHA ( 4 ), and technical or
financial support measures at national level, Union
level, or both, should be fully explored in a timely
manner. Where a serious deficiency is detected, the
(8) Where
serious
deficiencies
in
the
carrying
out
of
external
Commission may provide financial support measures to
border control are identified in an evaluation report
help the Member State concerned. Moreover, any
drawn up pursuant to Council Regulation (EU)
Commission and Council recommendation should be
No 1053/2013 of 7 October 2013 establishing an
based on substantiated information.
evaluation and monitoring mechanism to verify the
application of the Schengen acquis ( 1 ) and with a view
to ensuring compliance with the recommendations
adopted pursuant to that Regulation, implementing
(11) The
Commission
should
have
the
possibility
to
adopt
powers should be conferred on the Commission to
immediately applicable implementing acts where, in
recommend that the evaluated Member State take
duly justified cases relating to the need to prolong
specific measures, such as deploying European border
border control at internal borders, imperative grounds
guard teams, submitting strategic plans or, as a last
of urgency so require.
resort and taking into account the seriousness of the
situation, closing a specific border crossing-point. Those
powers should be exercised in accordance with Regu
lation (EU) No 182/2011 of the European Parliament
(12) The
evaluation
reports
and
the
recommendations
referred
to in Articles 14 and 15 of Regulation (EU) No
and of the Council of 16 February 2011 laying down
1053/2013 should form the basis for the triggering of
the rules and general principles concerning mechanisms
the specific measures in the case of serious deficiencies
for control by Member States of the Commission's
relating to external border control and of the specific
exercise of implementing powers ( 2 ). In view of the
procedure in case of exceptional circumstances putting
terms of Article 2(2)(b)(iii) of that Regulation, the exam
the overall functioning of the area without internal
ination procedure is applicable.
border control at risk provided for in this Regulation.
The Member States and the Commission jointly
conduct regular, objective and impartial evaluations in
(9) The
temporary
reintroduction
of
border
control
at
order to verify the correct application of this Regulation
certain internal borders under a specific Union-level
and the Commission coordinates the evaluations in close
procedure could also be justified in the case of excep
cooperation with the Member States. The evaluation
tional circumstances and as a measure of last resort
mechanism consists of the following elements: multi
where the overall functioning of the area without
annual and annual evaluation programmes, announced
internal border control is put at risk as a result of
persistent serious deficiencies relating to external border
( 3 ) Council Regulation (EC) No 2007/2004 of 26 October 2004 estab
control identified in the context of a rigorous evaluation
lishing a European Agency for the Management of Operational
Cooperation at the External Borders of the Member States of the
European Union (OJ L 349, 25.11.2004, p. 1).
( 1 ) See page 27 of this Official Journal.
( 4 ) Council Decision 2009/371/JHA of 6 April 2009 establishing the
( 2 ) OJ L 55, 28.2.2011, p. 13.
European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).

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and unannounced on-site visits carried out by a small
Schengen acquis within the meaning of the Agreement
team of Commission representatives and of experts
concluded by the Council of the European Union and
designated by Member States, reports on the outcome
the Republic of Iceland and the Kingdom of Norway
of the evaluations adopted by the Commission and
concerning the latters' association with the implemen
recommendations for remedial action adopted by the
tation, application and development of the Schengen
Council on a proposal from the Commission, appropriate
acquis ( 3 ) which fall within the area referred to in Article 1,
follow-up, monitoring and reporting.
point A, of Council Decision 1999/437/EC ( 4 ) on certain
arrangements for the application of that Agreement.
(13) Since
the
objective
of
this
Regulation,
namely
to
provide
for common rules on the temporary reintroduction of
(18) As
regards
Switzerland,
this Regulation
constitutes
a
internal border control in exceptional circumstances,
development of provisions of the Schengen acquis
can only be achieved at Union level, the Union may
within the meaning of the Agreement between the
adopt measures in accordance with the principle of
European Union, the European Community and the
subsidiarity as set out in Article 5 TEU. In accordance
Swiss Confederation on the Swiss Confederation's
with the principle of proportionality, as set out in that
association with the implementation, application and
Article, this Regulation does not go beyond what is
development of the Schengen acquis ( 5 ) which fall
necessary in order to achieve that objective.
within the area referred to in Article 1, point A, of
Decision 1999/437/EC read in conjunction with
Article 3 of Council Decision 2008/146/EC ( 6 ).
(14) In accordance with Articles 1 and 2 of Protocol No 22
on the position of Denmark, annexed to the TEU and to
the TFEU, Denmark is not taking part in the adoption of
(19) As
regards
Liechtenstein,
this
Regulation
constitutes
a
development of provisions of the Schengen acquis
this Regulation and is therefore not bound by it or
within the meaning of the Protocol between the
subject to its application. Given that this Regulation
European Union, the European Community, the Swiss
builds upon the Schengen acquis, Denmark shall, in
Confederation and the Principality of Liechtenstein on
accordance with Article 4 of that Protocol, decide
the accession of the Principality of Liechtenstein to the
within a period of six months after the Council has
Agreement between the European Union, the European
decided on this Regulation whether it will implement it
Community and the Swiss Confederation on the Swiss
in its national law.
Confederation's association with the implementation,
application and development of the Schengen acquis ( 7 )
which fall within the area referred to in Article 1, point
A, of Decision 1999/437/EC read in conjunction with
(15) This
Regulation
constitutes
a
development
of
provisions
Article 3 of Council Decision 2011/350/EU ( 8 ).
of the Schengen acquis, in which the United Kingdom
does not take part, in accordance with Council
Decision 2000/365/EC of 29 May 2000 concerning the
request of the United Kingdom of Great Britain and
(20) As
regards
Cyprus,
this
Regulation
constitutes
an
act
Northern Ireland to take part in some of the provisions
building upon, or otherwise related to, the Schengen
of the Schengen acquis ( 1 ). The United Kingdom is
acquis within the meaning of Article 3(2) of the 2003
therefore not taking part in adoption of this Regulation
Act of Accession.
and is not bound by it or subject to its application.
(21) As regards Bulgaria and Romania, this Regulation
(16) This
Regulation
constitutes
a
development
of
provisions
constitutes an act building upon, or otherwise related
of the Schengen acquis, in which Ireland does not take
to, the Schengen acquis within the meaning of Article 4(2)
part, in accordance with Council Decision 2002/192/EC
of the 2005 Act of Accession.
of 28 February 2002 concerning Ireland's request to take
part in some of the provisions of the Schengen acquis ( 2 ).
Ireland is therefore not taking part in the adoption of
this Regulation and is not bound by it or subject to its
(22) As
regards
Croatia,
this
Regulation
constitutes
an
act
application.
building upon, or otherwise related to, the Schengen
acquis within the meaning of Article 4(2) of the 2011
Act of Accession.
(17) As regards Iceland and Norway, this Regulation
( 3 ) OJ L 176, 10.7.1999, p. 36.
constitutes a development of the provisions of the
( 4 ) OJ L 176, 10.7.1999, p. 31.
( 5 ) OJ L 53, 27.2.2008, p. 52.
( 6 ) OJ L 53, 27.2.2008, p. 1.
( 1 ) OJ L 131, 1.6.2000, p. 43.
( 7 ) OJ L 160, 18.6.2011, p. 21.
( 2 ) OJ L 64, 7.3.2002, p. 20.
( 8 ) OJ L 160, 18.6.2011, p. 19.

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(23) This
Regulation
respects
fundamental
rights
and
observes
That implementing act shall be adopted in accordance with
the principles recognised in particular by the Charter of
the examination procedure referred to in Article 33a(2).
Fundamental Rights of the European Union, including
the freedom of movement of persons and of residence.
This Regulation must be implemented according to those
rights and principles.
2. The
Commission
shall
inform
the
committee
estab
lished pursuant to Article 33a(1) on a regular basis of the
progress in the implementation of the measures referred to
in paragraph 1 of this Article and on its impact on the
(24) Regulation (EC) No 562/2006 of the European
deficiencies identified.
Parliament and of the Council of 15 March 2006 estab
lishing a Community Code on the rules governing the
movement of persons across borders (Schengen Borders
Code) ( 1 ) should therefore be amended accordingly,
It shall also inform the European Parliament and the
Council.
HAVE ADOPTED THIS REGULATION:
3. Where
an
evaluation
report
as
referred
to
in
paragraph
1 has concluded that the evaluated Member State is
seriously neglecting its obligations and must therefore
report on the implementation of the relevant action plan
Article 1
within three months in accordance with Article 16(4) of
Regulation (EC) No 562/2006 is amended as follows:
Regulation (EU) No 1053/2013, and where, following that
three-month period, the Commission finds that the situation
persists, it may trigger the application of the procedure
provided for in Article 26 of this Regulation where all the
(1) in Title II, the following Chapter is added:
conditions for doing so are fulfilled.
___________
‘CHAPTER IVa
(*) OJ L 295, 6.11.2013, p. 27’;
Specific measures in the case of serious deficiencies
relating to external border control
Article 19a
(2) Articles 23 to 27 are replaced by the following:
Measures at external borders and support by the
Agency
‘Article 23
1. Where
serious
deficiencies
in
the
carrying
out
of
external border control are identified in an evaluation
General framework for the temporary reintroduction
report drawn up pursuant to Article 14 of Council Regu
of border control at internal borders
lation (EU) No 1053/2013 of 7 October 2013 establishing
an evaluation and monitoring mechanism to verify the
1. Where, in the area without internal border control,
application of the Schengen acquis (*), and with a view to
there is a serious threat to public policy or internal
ensuring compliance with the recommendations referred to
security in a Member State, that Member State may excep
in Article 15 of that Regulation, the Commission may
tionally reintroduce border control at all or specific parts of
recommend, by means of an implementing act, that the
its internal borders for a limited period of up to 30 days or
evaluated Member State take certain specific measures,
for the foreseeable duration of the serious threat if its
which may include one or both of the following:
duration exceeds 30 days. The scope and duration of the
temporary reintroduction of border control at internal
borders shall not exceed what is strictly necessary to
respond to the serious threat.
(a) initiating the deployment of European border guard
teams in accordance with Regulation (EC)
2. Border
control
at
internal
borders
shall
only
be
No 2007/2004;
reintroduced as a last resort, and in accordance with
Articles 24, 25 and 26. The criteria referred to, respectively,
in Articles 23a and 26a shall be taken into account in each
case where a decision on the reintroduction of border
(b) submitting its strategic plans, based on a risk
control at internal borders is considered pursuant, respect
assessment, including information on the deployment
ively, to Article 24, 25 or 26.
of personnel and equipment, to the Agency for its
opinion thereon.
3. If
the
serious
threat
to
public
policy
or
internal
( 1 ) OJ L 105, 13.4.2006, p. 1.
security in the Member State concerned persists beyond

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the period provided for in paragraph 1 of this Article, that
(b) the scope of the proposed reintroduction, specifying at
Member State may prolong border control at its internal
which part or parts of the internal borders border
borders, taking account of the criteria referred to in
control is to be reintroduced;
Article 23a and in accordance with Article 24, on the
same grounds as those referred to in paragraph 1 of this
Article and, taking into account any new elements, for
renewable periods of up to 30 days.
(c) the names of the authorised crossing-points;
4. The
total
period
during
which
border
control
is
(d) the date and duration of the planned reintroduction;
reintroduced at internal borders, including any prolongation
provided for under paragraph 3 of this Article, shall not
exceed six months. Where there are exceptional circum
stances as referred to in Article 26, that total period may
(e) where appropriate, the measures to be taken by the
be extended to a maximum length of two years, in
other Member States.
accordance with paragraph 1 of that Article.
A notification under the first subparagraph may also be
Article 23a
submitted jointly by two or more Member States.
Criteria for the temporary reintroduction of border
control at internal borders
If necessary, the Commission may request additional
Where a Member State decides, as a last resort, on the
information from the Member State(s) concerned.
temporary reintroduction of border control at one or
more of its internal borders or at parts thereof, or decides
to prolong such reintroduction, in accordance with
Article 23 or Article 25(1), it shall assess the extent to
2. The
information
referred
to
in
paragraph
1
shall
be
which such a measure is likely to adequately remedy the
submitted to the European Parliament and to the Council at
threat to public policy or internal security, and shall assess
the same time as it is notified to the other Member States
the proportionality of the measure in relation to that threat.
and to the Commission pursuant to that paragraph.
In making such an assessment, the Member State shall, in
particular, take the following into account:
3. Member
States
making
a
notification
under
paragraph
1 may, where necessary and in accordance with national
(a) the likely impact of any threats to its public policy or
law, decide to classify parts of the information.
internal security, including following terrorist incidents
or threats and including those posed by organised
crime;
Such classification shall not preclude information from
being made available by the Commission to the European
(b) the likely impact of such a measure on free movement
Parliament. The transmission and handling of information
of persons within the area without internal border
and documents transmitted to the European Parliament
control.
under this Article shall comply with rules concerning the
forwarding and handling of classified information which are
applicable between the European Parliament and the
Commission.
Article 24
Procedure for the temporary reintroduction of border
control at internal borders under Article 23(1)
4. Following
notification
by
a
Member
State
under
1. Where
a
Member
State
plans
to
reintroduce
border
paragraph 1 of this Article and with a view to consultation
control at internal borders under Article 23(1), it shall
provided for in paragraph 5 of this Article, the Commission
notify the other Member States and the Commission at
or any other Member State may, without prejudice to
the latest four weeks before the planned reintroduction, or
Article 72 of the Treaty on the Functioning of the
within a shorter period where the circumstances giving rise
European Union, issue an opinion.
to the need to reintroduce border control at internal borders
become known less than four weeks before the planned
reintroduction. To that end, the Member State shall
supply the following information:
If, based on the information contained in the notification or
on any additional information it has received, the
Commission has concerns as regards the necessity or
proportionality of the planned reintroduction of border
(a) the reasons for the proposed reintroduction, including
control at internal borders, or if it considers that a consul
all relevant data detailing the events that constitute a
tation on some aspect of the notification would be appro
serious threat to its public policy or internal security;
priate, it shall issue an opinion to that effect.

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5. The information referred to in paragraph 1 and any
borders, on the basis of the initial period under paragraph 1
Commission or Member State opinion under paragraph 4
and any prolongations under paragraph 3, shall not exceed
shall be the subject of consultation, including, where appro
two months.
priate, joint meetings between the Member State planning
to reintroduce border control at internal borders, the other
Member States, especially those directly affected by such
measures, and the Commission, with a view to organising,
where appropriate, mutual cooperation between the
5. The Commission shall inform the European
Member States and to examining the proportionality of
Parliament without delay of notifications made under this
the measures to the events giving rise to the reintroduction
Article.
of border control and the threat to public policy or internal
security.
Article 26
6. The
consultation
referred
to
in
paragraph
5
shall
take
Specific procedure where exceptional circumstances
place at least ten days before the date planned for the
put the overall functioning of the area without
reintroduction of border control.
internal border control at risk
1. In
exceptional
circumstances
where
the
overall
func
tioning of the area without internal border control is put at
Article 25
risk as a result of persistent serious deficiencies relating to
external border control as referred to in Article 19a, and
Specific procedure for cases requiring immediate action
insofar as those circumstances constitute a serious threat to
public policy or internal security within the area without
1. Where
a
serious
threat
to
public
policy
or
internal
internal border control or within parts thereof, border
security in a Member State requires immediate action to
control at internal borders may be reintroduced in
be taken, the Member State concerned may, on an excep
accordance with paragraph 2 of this Article for a period
tional basis, immediately reintroduce border control at
of up to six months. That period may be prolonged, no
internal borders, for a limited period of up to ten days.
more than three times, for a further period of up to six
months if the exceptional circumstances persist.
2. Where
a
Member
State
reintroduces
border
control
at
internal borders, it shall at the same time notify the other
Member States and the Commission accordingly, and shall
2. The Council may, as a last resort and as a measure to
supply the information referred to in Article 24(1),
protect the common interests within the area without
including the reasons that justify the use of the procedure
internal border control, where all other measures, in
set out in this Article. The Commission may consult the
particular those referred to in Article 19a(1), are ineffective
other Member States immediately upon receipt of the notifi
in mitigating the serious threat identified, recommend that
cation.
one or more Member States decide to reintroduce border
control at all or at specific parts of their internal borders.
The Council's recommendation shall be based on a proposal
from the Commission. The Member States may request the
3. If
the
serious
threat
to
public
policy
or
internal
Commission to submit such a proposal to the Council for a
security persists beyond the period provided for in
recommendation.
paragraph 1, the Member State may decide to prolong the
border control at internal borders for renewable periods of
up to 20 days. In doing so, the Member State concerned
shall take into account the criteria referred to in Article 23a,
including an updated assessment of the necessity and the
In its recommendation, the Council shall at least indicate
proportionality of the measure, and shall take into account
the information referred to in points (a) to (e) of
any new elements.
Article 24(1).
In the event of such a prolongation, the provisions of
The Council may recommend a prolongation in accordance
Article 24(4) and (5) shall apply mutatis mutandis, and
with the conditions and procedure set out in this Article.
the consultation shall take place without delay after the
decision to prolong has been notified to the Commission
and to the Member States.
Before a Member State reintroduces border control at all or
at specific parts of its internal borders under this paragraph,
4. Without
prejudice
to
Article
23(4),
the
total
period
it shall notify the other Member States, the European
during which border control is reintroduced at internal
Parliament and the Commission accordingly.

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3. In
the
event
that
the
recommendation
referred
to
in
Regulation (EU) No 439/2010 of the European
paragraph 2 is not implemented by a Member State, that
Parliament and of the Council (*) or the European
Member State shall without delay inform the Commission
Police Office (“Europol”), established by Council
in writing of its reasons.
Decision 2009/371/JHA (**), and the extent to which
such measures are likely to adequately remedy the
threat to public policy or internal security within the
area without internal border control;
In such a case, the Commission shall present a report to the
European Parliament and to the Council assessing the
reasons provided by the Member State concerned and the
consequences for protecting the common interests of the
(b) the current and likely future impact of any serious defi
area without internal border control.
ciencies relating to external border control identified in
the context of the evaluations carried out pursuant to
Regulation (EU) No 1053/2013 and the extent to which
such serious deficiencies constitute a serious threat to
public policy or internal security within the area without
4. On
duly
justified
grounds
of
urgency
relating
to
situ
internal border control;
ations where the circumstances giving rise to the need to
prolong border control at internal borders in accordance
with paragraph 2 become known less than 10 days
before the end of the preceding reintroduction period, the
Commission may adopt any necessary recommendations by
(c) the likely impact of the reintroduction of border control
means of immediately applicable implementing acts in
on the free movement of persons within the area
accordance with the procedure referred to in Article 33a(3).
without internal border control.
Within 14 days of the adoption of such recommendations,
the Commission shall submit to the Council a proposal for
a recommendation in accordance with paragraph 2.
2. Before adopting a proposal for a Council recommen
dation, in accordance with Article 26(2), the Commission
may:
5. This Article shall be without prejudice to measures
that may be adopted by the Member States in the event
of a serious threat to public policy or internal security under
Articles 23, 24 and 25.
(a) request Member States, the Agency, Europol or other
Union bodies, offices or agencies to provide it with
further information;
Article 26a
Criteria for the temporary reintroduction of border
(b) carry out on-site visits, with the support of experts from
control at internal borders where exceptional
Member States and of the Agency, Europol or any other
circumstances put the overall functioning of the area
relevant Union body, office or agency, in order to
without internal border control at risk
obtain or verify information relevant for that recom
mendation.
1. Where, as a last resort, the Council recommends in
accordance with Article 26(2) the temporary reintroduction
of border control at one or more internal borders or at
parts thereof, it shall assess the extent to which such a
measure is likely to adequately remedy the threat to
Article 27
public policy or internal security within the area without
Informing the European Parliament and the Council
internal border control, and shall assess the proportionality
of the measure in relation to that threat. That assessment
The Commission and the Member State(s) concerned shall
shall be based on the detailed information submitted by the
inform the European Parliament and the Council as soon as
Member State(s) concerned and by the Commission and any
possible of any reasons which might trigger the application
other relevant information, including any information
of Articles 19a and 23 to 26a.
obtained pursuant to paragraph 2 of this Article. In
making such an assessment, the following considerations
shall in particular be taken into account:
___________
(*) OJ L 132, 29.5.2010, p. 11.
(**) OJ L 121, 15.5.2009, p. 37.’;
(a) the availability of technical or financial support
measures which could be or have been resorted to at
national or Union level, or both, including assistance by
Union bodies, offices or agencies, such as the Agency,
the European Asylum Support Office, established by
(3) Articles 29 and 30 are replaced by the following:

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L 295/8
EN
Official Journal of the European Union
6.11.2013
‘Article 29
3. Where
reference
is
made
to
this
paragraph,
Article
8
of Regulation (EU) No 182/2011, in conjunction with
Report on the reintroduction of border control at
Article 5 thereof, shall apply.
internal borders
Within four weeks of the lifting of border control at
internal borders, the Member State which has carried out
___________
border control at internal borders shall present a report to
(*) OJ L 55, 28.2.2011, p. 13.’;
the European Parliament, the Council and the Commission
on the reintroduction of border control at internal borders,
outlining, in particular, the initial assessment and the respect
of the criteria referred to in Articles 23a, 25 and 26a, the
(5) the following article is inserted:
operation of the checks, the practical cooperation with
neighbouring Member States, the resulting impact on the
‘Article 37a
free movement of persons, the effectiveness of the reintro
duction of border control at internal borders, including an
Evaluation mechanism
ex-post assessment of the proportionality of the reintro
duction of border control.
1. In
accordance
with
the
Treaty
on
the
Functioning
of
the European Union and the Treaty on European Union and
without prejudice to their provisions on infringement
procedures, the implementation by each Member State of
The Commission may issue an opinion on that ex-post
this Regulation shall be evaluated through an evaluation
assessment of the temporary reintroduction of border
mechanism.
control at one or more internal borders or at parts thereof.
2. The rules on the evaluation mechanism are specified
The Commission shall present to the European Parliament
in Regulation (EU) No 1053/2013. In accordance with that
and to the Council, at least annually, a report on the func
evaluation mechanism, the Member States and the
tioning of the area without internal border control. The
Commission are, jointly, to conduct regular, objective and
report shall include a list of all decisions to reintroduce
impartial evaluations in order to verify the correct appli
border control at internal borders taken during the
cation of this Regulation and the Commission is to coor
relevant year.
dinate the evaluations in close cooperation with the
Member States. Under that mechanism, every Member
State is evaluated at least every five years by a small team
Article 30
consisting of Commission representatives and of experts
designated by the Member States.
Informing the public
The Commission and the Member State concerned shall
Evaluations may consist of announced or unannounced on-
inform the public in a coordinated manner on a decision
site visits at external or internal borders.
to reintroduce border control at internal borders and
indicate in particular the start and end date of such a
measure, unless there are overriding security reasons for
In accordance with that evaluation mechanism, the
not doing so.’;
Commission is responsible for adopting the multiannual
and annual evaluation programmes and the evaluation
reports.
(4) the following article is inserted:
3. In
the
case
of
possible
deficiencies
recommendations
for remedial action may be addressed to the Member States
‘Article 33a
concerned.
Committee procedure
1. The
Commission
shall
be
assisted
by
a
committee.
Where serious deficiencies in the carrying out of external
That committee shall be a committee within the meaning
border control are identified in an evaluation report adopted
of Regulation (EU) No 182/2011 of the European
by the Commission in accordance with Article 14 of Regu
Parliament and of the Council of 16 February 2011
lation (EU) No 1053/2013, Articles 19a and 26 of this
laying down the rules and general principles concerning
Regulation shall apply.
mechanisms for control by Member States of the Commis
sion's exercise of implementing powers (*).
4. The
European
Parliament
and
the
Council
shall
be
informed at all stages of the evaluation and be transmitted
all the relevant documents, in accordance with the rules on
2. Where
reference
is
made
to
this
paragraph,
Article
5
classified documents.
of Regulation (EU) No 182/2011 shall apply. Where the
committee delivers no opinion, the Commission shall not
adopt the draft implementing act and the third
5. The
European
Parliament
shall
be
immediately
and
subparagraph of Article 5(4) of Regulation (EU) No
fully informed of any proposal to amend or to replace
182/2011 shall apply.
the rules laid down in Regulation (EU) No 1053/2013.’.

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EN
6.11.2013 Official
Journal
of
the
European
Union L
295/9
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official
Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Strasbourg, 22 October 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
V. LEKEVIIUS

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L 295/10
EN
Official Journal of the European Union
6.11.2013
Statement from the European Parliament, the Council and the Commission
The European Parliament, the Council and the Commission welcome the adoption of the Regulation
amending the Schengen Borders Code in order to provide for common rules on the temporary reintro
duction of border control at internal borders in exceptional circumstances and of the Regulation on the
establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis.
They believe that these new mechanisms address adequately the call of the European Council in its
Conclusions of 24 June 2011 for an enhancement of the cooperation and the mutual trust between the
Member States in the Schengen area and for an effective and reliable monitoring and evaluation system in
order to ensure the enforcement of common rules and the strengthening, adaptation and extension of the
criteria based on the EU acquis, while recalling that Europe’s external borders must be effectively and
consistently managed, on the basis of common responsibility, solidarity and practical cooperation.
They state that this amendment to the Schengen Borders Code will reinforce the coordination and
cooperation at the level of the Union by providing on the one hand for criteria for any reintroduction
of border controls by Member States and on the other hand for an EU-based mechanism to respond to truly
critical situations where the overall functioning of the area without internal border controls is put at risk.
They underline that this new evaluation system is an EU-based mechanism and that it will cover all aspects
of the Schengen acquis and involve experts from the Member States, the Commission and relevant EU
agencies.
They understand that any future proposal from the Commission for amending this evaluation system would
be submitted to the consultation of the European Parliament in order to take into consideration its opinion,
to the fullest extent possible, before the adoption of a final text.

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Document Outline

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