Regulation 2024/1717 - Amendment of Regulation (EU) 2016/399 on a Union Code on the rules governing the movement of persons across borders - Main contents
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official title
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 bordersLegal instrument | Regulation |
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Number legal act | Regulation 2024/1717 |
Original proposal | COM(2021)891 ![]() |
CELEX number i | 32024R1717 |
Document | 13-06-2024; Date of signature |
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Signature | 13-06-2024 |
Effect | 10-07-2024; Entry into force Date pub. +20 See Art 2 |
End of validity | 31-12-9999 |
Official Journal of the European Union |
EN L series |
2024/1717 |
20.6.2024 |
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2), points (b) and (e) and Article 79(2), point (c), thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1) |
In accordance with Article 3(2) of the Treaty on European Union (TEU), the Union comprises an area of freedom, security and justice that is free of internal border control, in which the free movement of persons is ensured in conjunction with appropriate measures regarding external border control, asylum, immigration and the prevention and combating of crime. |
(2) |
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. It is important that the normal functioning and strengthening of such an area, which is based on trust and solidarity, is a common objective of the Union and the Member States which have agreed to take part in it. In that respect, the temporary reintroduction of border control at internal borders should be exceptional and used only as a last resort, where appropriate subject to consultation and cooperation between the Member States concerned and the Commission as guardian of the Treaties. |
(3) |
Regulation (EU) 2016/399 of the European Parliament and of the Council (Schengen Borders Code) (4) lays down rules governing the movement of persons to and from the area without internal border control (the ‘Schengen Area’) as well as between the Member States that participate in the Schengen Area. |
(4) |
In recent years, the Schengen area has been subject to unprecedented challenges, which, by their nature, were not confined to the territory of any single Member State. Such challenges underscored the fact that the preservation of public policy and security in the Schengen area is a shared responsibility requiring joined and coordinated action between Member States and at Union level. They also highlighted gaps in the existing rules governing the functioning of the Schengen area both at external and internal borders and the need to create a stronger and more robust framework allowing for a more effective response to challenges faced by the Schengen area in order to strengthen mutual trust and solidarity and to ensure the absence of any controls on persons, whatever their nationality, when crossing internal borders, while enabling Member States to provide an effective response to challenges they face. |
(5) |
Border control at external borders is in the interest not only of the Member State at whose external borders it is carried out but of all Member States which have abolished internal border control and the Union as a whole. Member States are required to ensure high standards in the management of their external borders, including through enhanced cooperation between border guards, police, customs and other relevant authorities. The Union provides active support through the provision of financing support by the relevant Union agencies and management of the Schengen Evaluation and Monitoring Mechanism established by Council Regulation (EU) 2022/922 (5). The rules applicable to external borders need to be reinforced in... |
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