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Cross-border territories: what does the new Schengen Code published on June 20th say?

The main aim of the new regulation is to strengthen the Schengen area, in particular by clarifying procedures, while at the same time providing a better framework for Member States' ability to respond to threats, and ensuring that border management rules are applied uniformly at both external and internal borders.

The Commission found that checks at internal borders did not in themselves infringe on the right to free movement, but that the lack of coordination of national measures had had an impact on the economic and social links existing in cross-border regions, affecting in particular local capacities to guarantee essential services on both sides of the border.

As a result, cross-border regions are now genuinely taken into account as such. As a first step, and "by January 11th, 2025 at the latest", the regulation stipulates that " all Member States with common internal borders shall, in close cooperation, determine the areas of their territory considered as cross-border regions, taking into account the strong social and economic ties between them, and notify the Commission thereof." (article 42b). Once these cross-border regions have been determined in this way, in the event of the reintroduction of internal border controls being considered, Member States should examine and assess their likely impact on the movement of people within the area without internal border controls, and on the functioning of these cross-border regions. The extension of such controls is also provided for and regulated. Their maintenance gives rise in particular to reports from the States concerned, which must describe, inter alia, the initial and follow-up assessment of the necessity and proportionality of border controls, practical cooperation with neighboring Member States, the resulting impact on the free movement of persons, particularly in cross-border regions, and the effectiveness of the reintroduction of internal border controls, and include an ex-post evaluation of the necessity and proportionality of this reintroduction.

Furthermore, "Where border control at internal borders has been reintroduced or prolonged, the Member States concerned shall ensure that it is accompanied by appropriate measures that mitigate the impact resulting from the reintroduction of border control on persons and the transport of goods, giving particular consideration to the strong social and economic ties between cross-border regions, and to persons undertaking essential travel.’" (article 26.3.)

More info: Regulation (EU) 2024/1717 of June 13, 2024 amending Regulation (EU) 2016/399