Rules on crossing EU borders

KEY POINTS

The code sets out the rules that govern:

• checks on persons at external borders;
• entry conditions; and
• the conditions for the temporary reintroduction of border controls at internal borders in the Schengen area (a border-free area comprising 25 EU Member States, along with Iceland, Liechtenstein, Norway and Switzerland) in the event of a serious threat to public policy or internal security.

To whom does it apply?

The Schengen Borders Code lays down the rules that apply to any person crossing the external borders of the Schengen area. Bulgaria and Romania became full members of the Schengen area on 1 January 2025 under Council Decision (EU) 2024/3212. Cyprus is not yet a full member of the Schengen area but must follow the rules concerning controls at external borders.

External borders

When crossing external borders, nationals of non-EU countries not benefiting from the freedom of movement under EU law are subject to thorough checks in accordance with the conditions of entry into the country, including systematic consultation of relevant databases such as the Schengen information system (SIS) and verification of the visa information system (VIS) if the person is subject to the visa obligation.

In the event of an intended stay on the territory of a Schengen country for no more than 90 days in any 180-day period, non-EU nationals must:

• be in possession of a valid travel document and visa, if required;
• justify the purpose and the conditions of their intended stay and prove that they have sufficient means of subsistence;
• not be the subject of an alert in SIS for the purpose of refusing entry; and
• not be considered a threat to EU public policy, internal security, public health or the international relations of any of the Member States.

Entry of a third-country national (a non-Schengen or non-EU national) who does not benefit from freedom of movement under EU law may only be refused by a decision taken by a relevant national authority stating the precise reasons for the refusal, and this decision may be subject to appeal.

Rules for local border traffic at external land borders

Regulation (EC) No 1931/2006 lays down a local border regime at the EU’s external land borders and introduces a local border traffic permit for the purposes of nationals of neighbouring non-EU countries resident in border areas.

Internal borders

In the area without internal border controls (meaning the Schengen area with the exception of Cyprus), any legally staying person of any nationality (with the exception of applicants for international protection) may cross any internal border without border checks being carried out. Nevertheless, national police authorities have the right to carry out police checks, including in the border area, subject to specific rules and limitations.

Countries that are part of the area without internal border controls must remove all obstacles to smooth traffic flow at road-crossing points at internal borders, and in particular any speed limits not exclusively based on road-safety considerations or surveillance technologies used to address threats to public security or public policy.

Temporary reintroduction of internal border controls

Amending Regulation (EU) 2024/1717 sets out the conditions for reintroducing and prolonging checks at internal borders. Where, in an area without border control, there is a serious threat to public policy or internal security in a Member State, that Member State may, only as a measure of last resort, in exceptional situations, reintroduce border controls. Such a serious threat could arise from:

• terrorist incidents or threats, and threats posed by serious organised crime;
• large-scale public health emergencies;
• an exceptional situation characterised by sudden large-scale unauthorised movements of non-EU nationals between the Member States, putting a substantial strain on the overall resources and capacities of well-prepared competent authorities and likely to put at risk the overall functioning of the area without internal border control, as evidenced by information analysis and all available data, including from relevant EU agencies; and
• large-scale or high-profile international events.

Member States are permitted to extend internal border controls based on security risks or migratory flows for a period of six months. They may renew the reintroduction with periods of six months to a maximum of two years. They must notify any reintroduction and explain the necessity and proportionality of the decision to reintroduce internal border control. When a reintroduction is scheduled to last 12 months, the European Commission must issue an opinion as to whether the measures are proportionate and necessary. In the case of a major exceptional situation in relation to a serious persistent threat, the Member States may exceptionally renew the reintroduction of border controls beyond this two-year period for a maximum of two times six months.

Where the Commission establishes that there is a large-scale public health emergency that affects several Member States, putting at risk the overall functioning of the area without internal border control, it may propose that the Council of the European Union adopt an implementing decision authorising the reintroduction of border control by Member States, including any appropriate mitigating measures to be introduced at the national and the EU level, where the available measures (in Articles 21a and 23 of Regulation (EU) 2024/1717) are not sufficient to address the large-scale public health emergency.

Where the Commission establishes that there are exceptional circumstances putting the overall functioning of the area without internal border control at risk as a result of persistent serious deficiencies relating to external border control, insofar as those circumstances constitute a serious threat to public policy or internal security, it may propose that the Council adopt a recommendation that one or more Member States decide to reintroduce border control at all or at specific parts of their internal borders.

Schengen evaluation mechanism

Each Member State’s implementation of Regulation (EU) 2016/399 is reviewed at least every five years by means of an evaluation mechanism¹, in accordance with the rules laid down in Regulation (EU) 2022/922 (see summary).

Systematic checks against relevant databases at external borders

Since April 2017, systematic checks against relevant databases are to be carried out on EU / EEA (European Economic Area / Swiss citizens at the external borders of the Schengen area, in addition to the existing checks already undertaken on non-EU nationals.

These rules were introduced in response to the terrorist attacks that have hit various Member States in recent years and should help in particular to address the threats of EU-born terrorist fighters going to or returning from abroad. The checks take place both upon entry to and upon exit from the external borders. The checks are made against databases such as SIS and Interpol’s database of stolen and lost travel documents.

Entry/Exit System

Regulation (EU) 2016/399 was amended by the legal framework governing the Entry/Exit System (EES), specifically by Regulation (EU) 2017/2225.

The EES is an automated IT system established by Regulation (EU) 2017/2226, which is used by the 29 Schengen countries. It records entries, exits and refusals of entry of third-country nationals crossing the external borders of the Schengen area for a short stay. It records third country nationals’ data, including passport information, fingerprints and facial images, and is gradually replacing the current stamping of travel documents.

According to Decision (EU) 2025/1544, the EES entered into operations on 12 October 2025, with some Schengen countries operating it fully from the start and others gradually.

This phased roll-out was possible due to the rules introduced by Regulation (EU) 2025/1534. Schengen countries are also able to establish national facilitation programmes to allow pre-vetted third-country nationals to benefit upon entry from exceptions from certain aspects of border checks.

This regulation allows for a progressive start of operations of the EES for the duration of six months. During this period, Schengen countries have the flexibility to roll the system out gradually at their border-crossing points, as long as they meet the required thresholds. They can also they decide to accelerate the deployment of the system or to operate it fully from 12 October.

Several rules were introduced by Regulation (EU) 2025/1534 to allow for a progressive start of operations, including the following.

• For the six months of progressive start of operations of the EES, Member States must continue stamping travel documents. In parallel, they will have to register data in the EES according to the flexibility rules.
• Regulation (EU) 2025/1534 establishes several safeguards to protect third-country nationals from the possible incompleteness of the EES files, including clear priority rules indicating whether a stamp or EES data must prevail.
• Carriers must continue verifying passport stamps during the progressive start and for 180 days afterwards.
• In the event of system failures or excessive waiting times, Member States may suspend operating the EES, in its entirety or only its biometric functionalities, at specific border points. After the six-month phased roll-out, the biometric functionalities may still be suspended for additional periods, if the thresholds established by Regulation (EU) 2025/1534 are not met.

To support the deployment of the EES, the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) prepared a high-level roll-out plan and provides regular reports. Each Member State has also developed a national roll-out plan and regularly reports on their progress.

eu-LISA is already responsible for the operation of the three EU IT systems essential for safeguarding the Schengen area and border management. These are:

• Eurodac (the EU asylum dactyloscopic database),
• SIS, and
• VIS.

Under Regulation (EU) 2017/2226, the agency was assigned the task of developing the EES and ensuring its operational management.