Border controls on Saxony’s borders with Czechia and Poland

Subject: Border controls on Saxony’s borders with Czechia and Poland

On 17 October 2023, the German federal government announced and introduced border controls in Brandenburg and Saxony, which affect the borders with Czechia and Poland, citing the following reason: ‘high level of smuggling activities, impacting security and migration in the Schengen area owing to the security situation in the Middle East; land borders with Poland [and] Czechia’. These controls undermine a cornerstone of the Schengen Agreement: the free movement of persons. The Schengen Borders Code provides for the reintroduction of internal border controls as a temporary measure of last resort to adequately remedy a threat to public policy or internal security, ‘without jeopardising the principle of the free movement of persons’. From January to October 2023, there were fewer than 100 000 attempts to cross these borders illegally1.

1. To what extent does the Commission consider controls at these borders to be compatible with the Schengen Borders Code?

2. What measures has the Commission advised Germany to take to prevent border controls being reintroduced as a measure of last resort?

3. What plan is the Commission pursuing to reduce to zero the number of border controls at the internal borders of the EU Member States, controls which are increasing systematically?

Supporter2

Submitted:20.12.2023

1 Mario Kubina (17 October 2023): ‘Border controls started in Brandenburg and Saxony’,

https://www.tagesschau.de/inland/gesellschaft/grenzkontrollen-polen-tschechien-100.html 2 This question is supported by a Member other than the author:Erik Marquardt(Verts/ALE)

Answer given by Ms Johansson on behalf of the European Commission (26 January 2024)

1. On 13 October 2023, Germany notified its decision to reintroduce internal border controls at the borders with Poland, Slovakia and Switzerland on the basis of Article 28 of the Schengen Borders Code (SBC) (3). This reintroduction has been further prolonged (4), in line with the rules and time limits set out in the Schengen Borders Code (5), and will be in place until 15 March 2024.

2. The Schengen Coordinator has been engaged in a close dialogue with all Member States concerned by the reintroductions of internal border controls (including Germany) (6) since October 2022. This allowed for identifying and promoting the use of alternative measures to internal border controls, such as increased police cooperation and the use of new technologies that can better address the threats faced by Member States. Drawing on the best practices identified during this dialogue, the Commission adopted, on 23 November 2023, a recommendation (7) providing an overview of the actions available to Member States to enhance the use of alternative measures and increase cooperation and information exchange in the event of reintroduction of internal border controls, to minimise the impact of these controls.

3. As stated in the recommendation, the Schengen Coordinator is continuing the dialogue with all the concerned Member States with a view to supporting them in the implementation of targeted alternative measures to internal border controls. The Commission will report regularly on the state of play and progress made.

1 ∙ ⸱ Mario Kubina (17 October 2023): ‘Border controls started in Brandenburg and Saxony’, https://www.tagesschau.de/inland/gesellschaft/grenzkontrollen-polen-

tschechien-100.html 2 ∙ ⸱

This question is supported by a Member other than the author:Erik Marquardt(Verts/ALE) 3 ∙ ⸱ 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) (codification), OJ L 77, 23.3.2016, p. 1. 4 ∙ ⸱ For more information on the notifications of prolongation of the German border controls see: https://home-affairs.ec.europa.eu/policies/schengen-borders-and- visa/schengen-area/temporary-reintroduction-border-control_en 5 ∙ ⸱

The Schengen Borders Code provides for the following time-limits on the reintroduction of internal border controls: two months, in case the Member States identifies a serious threat to public policy or internal security requiring immediate action (see Article 28 SBC), and six months, in case of foreseeable events posing a serious threat to public policy or internal security (see Article 25 SBC). 6 ∙ ⸱ Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions of 16 May 2023 State of Schengen report 2023, COM(2023)274 final; https://home-affairs.ec.europa.eu/2023-state-schengen- report_en 7 ∙ ⸱

Commission Recommendation (EU) 2023/8139 of 23 November 2023 on cooperation between the Member States with regard to serious threats to internal security and public policy in the area without internal border controls.