Border management

The Schengen Agreement: a new framework

The Schengen Agreement was concluded in 1985 with the aim of creating a borderless area between Germany, Belgium, France, Luxembourg, and the Netherlands. It was followed by the Schengen Convention in 1990, and later institutionalized at the European level by the Amsterdam Treaty of October 2, 1997. Today, the Schengen area includes 29 member states, including four non-EU countries: Iceland, Liechtenstein, Norway, and Switzerland.

Although, in theory, internal border checks no longer exist within the Schengen area, they can be temporarily reintroduced if deemed necessary to maintain public order or national security. The 2015 migration crisis in Europe, followed in 2020 by the Covid-19 pandemic and the implementation of uncoordinated health measures, prompted European countries to reinstate controls at both internal and external borders. These events highlighted gaps in the rules governing the Schengen area and underscored the need for a better-regulated, more robust framework to enable effective responses to the challenges faced by member states.

On December 21, 2021, the European Commission presented a proposal to amend the Schengen Borders Code, aiming to strengthen the Schengen area by better regulating the closure and reintroduction of border controls. The regulation was adopted on May 24, 2024. This update introduces crucial measures for border communities, including the obligation for Member States, when reintroducing internal border controls, to assess the likely impact on the movement of people and the functioning of cross-border regions, and to provide mitigating measures where necessary.

The new regulation also provides exemptions and adaptations for inhabitants of border regions. Amended Articles 39 and 42a require Member States to notify the European Commission of ‘cross-border regions’ no later than two months after the regulation comes into effect. This allows the Commission to determine the scope of mitigation measures and the areas to be considered when Member States notify the reintroduction of internal border controls. The list of cross-border regions, as referred to in Article 42a of the Schengen Borders Code, was published in the Official Journal of the European Union on August 18, 2025.