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Commission Implementing Decision (EU) 2025/315 of 14 February 2025 establishing a template for the notification of the temporary reintroduction or prolongation of border control at internal borders

C/2025/902

OJ L, 2025/315, 17.2.2025, ELI: http://data.europa.eu/eli/dec_impl/2025/315/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Legal status of the document In force

ELI: http://data.europa.eu/eli/dec_impl/2025/315/oj

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Official Journal
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2025/315

17.2.2025

COMMISSION IMPLEMENTING DECISION (EU) 2025/315

of 14 February 2025

establishing a template for the notification of the temporary reintroduction or prolongation of border control at internal borders

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (1), and in particular Article 27(6) thereof,

Whereas:

(1)	The establishment of an area where persons are free to move without internal borders is one of the main achievements of the Union. Therefore, the reintroduction of border control at internal borders should remain an exception and should only be a measure of last resort.

(2)	Regulation (EU) 2016/399 obliges Member States to duly notify any decision to reintroduce such border control to the Commission, the Parliament and the Council.

(3)	The Commission is to adopt an implementing act to establish a template for notifications by Member States of the reintroduction or prolongation of border control at internal borders.

(4)	The template should include all elements that Member States are required to provide under Regulation (EU) 2016/399 to allow the Commission to assess compliance with the criteria and conditions for a temporary reintroduction of border control at internal borders.

(5)

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark did not take part in the adoption of Regulation (EU) 2024/1717 of the European Parliament and of the Council (2) amending Regulation (EU) 2016/399 and is not bound by it or subject to its application. However, given that Regulation (EU) 2024/1717 builds upon the Schengen acquis, Denmark, in accordance with Article 4 of that Protocol, notified on 19 November 2024 its decision to implement Regulation (EU) 2024/1717 in its national law. Denmark is therefore bound under international law to implement this Decision.

(6)	This Decision does not constitute a development of the provisions of the Schengen acquis, in which Ireland takes part in accordance with Council Decision 2002/192/EC (3). Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(7)	As regards Cyprus, this Decision constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 3(2) of the 2003 Act of Accession.

(8)

As regards Iceland and Norway, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis (4), which fall within the area referred to in Article 1, point A, of Council Decision 1999/437/EC (5).

(9)

As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (6) which fall 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 (7).

(10)

As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (8) which fall within the area referred to in Article 1, point A, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (9).

(11)	The measures provided for in this Decision are in accordance with the opinion of the Schengen Borders Code Committee,

HAS ADOPTED THIS DECISION:

Article 1

The template for the notification of the temporary reintroduction or prolongation of border control at internal borders, as referred to in Article 27 of Regulation (EU) 2016/399, shall be as set out in the Annex to this Decision.

Article 2

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 14 February 2025.

For the Commission

The President

Ursula VON DER LEYEN

(1) OJ L 77, 23.3.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/399/oj.

(2) Regulation (EU) 2024/1717 of the European Parliament and of the Council of 13 June 2024 amending Regulation (EU) 2016/399 on a Union Code on the rules governing the movement of persons across borders (OJ L, 2024/1717, 20.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1717/oj).

(3) Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20, ELI: http://data.europa.eu/eli/dec/2002/192/oj).

(4) OJ L 176, 10.7.1999, p. 36, ELI: http://data.europa.eu/eli/agree_internation/1999/439(1)/oj.

(5) Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31, ELI: http://data.europa.eu/eli/dec/1999/437/oj).

(6) OJ L 53, 27.2.2008, p. 52.

(7) Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1, ELI: http://data.europa.eu/eli/dec/2008/146/oj).

(8) OJ L 160, 18.6.2011, p. 21.

(9) Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19, ELI: http://data.europa.eu/eli/dec/2011/350/oj).

ANNEX

Notification of a temporary reintroduction or prolongation of border control at internal borders

1. Notification submitted by:

Please specify Member State(s).

2. Date of the notification:

Please specify the date of submission of the notification.

3. Date and duration of the planned reintroduction or prolongation of border control at internal borders (Article 27(1), point (d), of Regulation (EU) 2016/399):

Please specify date and duration. In the absence of a time indication the reintroduction or prolongation is presumed to enter into effect at midnight (00:00) on the first date of the reintroduction or prolongation of border control at internal borders.

4. Scope of the proposed reintroduction or prolongation of border control at internal borders, specifying at which part or parts of the internal borders border control will be reintroduced or prolonged (Article 27(1), point (b), of Regulation (EU) 2016/399)

Please specify the part or parts of the internal borders, as well as the type of border (land, sea, air) at which border control will be reintroduced or prolonged.

5. Notification for a:

☐	first reintroduction of border control at internal borders (unforeseeable event): Article 25a(1) of Regulation (EU) 2016/399

☐

prolongation of border control at internal borders (unforeseeable event): Article 25a(3) of Regulation (EU) 2016/399

Period(s) of previous reintroduction(s) of border control at internal borders:

Please indicate the dates of previous reintroductions of border control at internal borders.

☐	first reintroduction of border control at internal borders (foreseeable event): Article 25a(4) and (5) of Regulation (EU) 2016/399

☐

prolongation of border control at internal borders (foreseeable event): Article 25a(4) and (5) of Regulation (EU) 2016/399

Period(s) of previous reintroduction(s) of border control at internal borders:

Please indicate the dates of previous reintroductions of border control at internal borders.

☐

prolongation of border control at internal borders after 2 years, for major exceptional situation: Article 25a(6) of Regulation (EU) 2016/399

Period(s) of previous reintroduction(s) of border control at internal borders:

Please indicate the dates of previous reintroductions of border control at internal borders.

☐

prolongation of border control at internal borders after 2 years and 6 months, for major exceptional situation: Article 25a(6) of Regulation (EU) 2016/399

Period(s) of previous reintroduction(s) of border control at internal borders:

Please indicate the dates of previous reintroductions of border control at internal borders.

☐	reintroduction of border control at internal borders in accordance with a Council Implementing Decision: Article 28(1) and (5) of Regulation (EU) 2016/399

NB:

A continuation of a reintroduction of border control at the internal borders does not have to be considered a prolongation if the serious threat to public policy or internal security upon which it is based is different from the serious threat that motivated the preceding reintroduction of border control at the internal border. If this is the case, please notify for a first reintroduction and specify the new and distinct nature of the serious threat to public policy or internal security under 7.

6. If the notification for a foreseeable event is made less than four weeks before the planned reintroduction or prolongation of border control at internal borders (Article 25a(4), (5) and (6) of Regulation (EU) 2016/399):

Please indicate when the circumstances giving rise to the need to reintroduce or prolong border control at internal borders became known.

7. Serious threat to public policy or internal security, consisting of:

☐

terrorist incidents or threats, and threats posed by serious organised crime

Please specify and include all relevant data detailing the events that constitute a serious threat.

☐

large-scale public health emergencies

Please specify and include all relevant data detailing the events that constitute a serious threat.

☐

an exceptional situation characterised by sudden large-scale unauthorised movements of third country nationals, within the meaning of Article 25(1), point (c), of Regulation (EU) 2016/399

Please specify and include all relevant data detailing the events that constitute a serious threat.

Please include information as to the sudden nature of the large-scale unauthorised movement, the strain put on the resources and capacities of the competent authorities, the level of preparedness of the competent authorities, the likely risk to the overall functioning of the area without internal border control, and the available evidence from information analysis and all available data, including from relevant Union agencies.

☐

Large scale or high-profile international event

Please specify and include all relevant data detailing the events that constitute a serious threat.

☐

Other

Please specify and include all relevant data detailing the events that constitute a serious threat.

8. Names of authorised border crossing points

Please fill in or attach a separate file to the notification. If no list is provided, please explain.

9. Measures taken by other Member States (if applicable)

Please specify the measures adopted by other Member States in response to the reintroduction of border control at internal borders.

10. Assessment of necessity and proportionality under Article 26(1) of Regulation (EU) 2016/399

10.1.

Appropriateness: explanation how the reintroduction of border control at internal borders is likely to adequately remedy the threat

10.2.

Explanation why the objectives pursued by the reintroduction cannot be obtained by:

—	the use of alternative measures, such as proportionate checks carried out in the context of checks within the territory as referred to in Article 23, point (a), of Regulation (EU) 2016/399;

—	the use of the procedure laid down in Article 23a of Regulation (EU) 2016/399;

—	other forms of police cooperation provided for under Union law;

—	common measures regarding temporary restrictions on travel to the Member States as referred to in Article 21a(2) of Regulation (EU) 2016/399.

10.3.

Likely impact on the movement of persons within the area without internal border control and the functioning of cross-border regions

Please include an overview of mitigating measures envisaged to limit the impact on the free movement of persons and the functioning of cross-border regions, in particular in relation to frontier workers and economic operators, waiting times and traffic congestion.

Please indicate which cross-border regions, as notified under Article 42b of Regulation (EU) 2016/399, are affected by the reintroduction of control at the internal border.

10.4.

If the serious threat consists of sudden large-scale unauthorised movements (Article 25(1), point (c), and 27(3) of Regulation (EU) 2016/399):

Please provide a risk assessment and information on the sudden large-scale unauthorised movements, including any information obtained from Union Agencies and data analysis from relevant information systems.

Please include quantitative and qualitative data, including for example the number of applications for international protection and unauthorised movements, as well as information on to the sudden nature of the large-scale unauthorised movement, the strain put on the resources and capacities of the competent authorities, the level of preparedness of the competent authorities, the likely risk to the overall functioning of the area without internal border control.

10.5.

Opinion of the Commission and consultation process (if applicable)

Please specify:

—	what action has been taken in response to opinion(s) of the Commission issued in accordance with Article 27a(2) or 27a(3) of Regulation (EU) 2016/399;

—	what action has been taken in response to the outcome of a consultation process established in accordance with Article 27a(4) of Regulation (EU) 2016/399.

11. If the notification concerns a prolongation of border control at internal borders after 6 months in accordance with Article 25a(5) of Regulation (EU) 2016/399 (Article 27(2) of Regulation (EU) 2016/399)

11.1.

Assessment of the necessity and proportionality based on the criteria laid down in Article 26(1) of Regulation (EU) 2016/399

Please fill in point 10, taking into account the previous assessment of necessity and proportionality and the evolution of the serious threat since the reintroduction of border control at internal borders.

11.2.

Scale and anticipated evolution of the serious threat

Please elaborate on the scale and anticipated evolution of the serious threat, in particular:

—	how long the serious threat is expected to persist;

—	which sections of the internal borders may be affected;

—	information regarding coordination measures with other Member States impacted or likely to be impacted by the border control at internal borders.

12. If the notification concerns a prolongation of border control at internal borders after 2 years, for a major exceptional situation (Article 25a(6) of Regulation (EU) 2016/399).

12.1.

Assessment of the necessity and proportionality based on the criteria laid down in Article 26(2) of Regulation (EU) 2016/399

Please fill in point 11.

12.2.

Action taken in response to an opinion of the Commission issued in accordance with Article 25a(6) of Regulation (EU) 2016/399 (if applicable)

12.3.

Action taken in response to a consultation process initiated in accordance with Article 25a(6) of Regulation (EU) 2016/399 (if applicable)

12.4.

Substantiation of the continued threat to public policy or internal security

12.5.

Explanation why alternative measures are ineffective

12.6.

Presentation of mitigating measures

12.7.

Where appropriate: presentation of the means, actions, conditions and timeline with a view to lifting border control at internal borders

13. Any further information (optional)

For example:

—	details of strategic and operational cooperation with other Member States

—	details on to the use of alternative measures (Article 23 of Regulation (EU) 2016/399)

—	whether the procedure laid down in Article 23a of Regulation (EU) 2016/399 is applied at the time of reintroduction of border control at internal borders

—	bilateral or regional cooperation initiatives, including with third countries

14. Withholding of information on grounds of public security (Article 27(5) of Regulation (EU) 2016/399)

Please indicate, to the extent that grounds of public security allow, whether any information has been withheld justified on public security grounds, taking into account the confidentiality of ongoing investigations.

Please indicate whether any of the notified information, in whole or in part has been classified under national law.

15. Confidentiality of information (Article 35 of Regulation (EU) 2016/399)

Please indicate and specify if any of the notified information is to remain confidential.

ELI: http://data.europa.eu/eli/dec_impl/2025/315/oj

ISSN 1977-0677 (electronic edition)

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