Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation No 562/2006 (EC) as regards the reinforcement of checks against relevant databases at external borders
Date: 2015-12-15
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: Schengen Information System, area of freedom, security and justice, biometrics, border control, external border of the EU, foreign national, internal border of the EU, passport, terrorism

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   EUROPEAN COMMISSION  Strasbourg, 15.12.2015  COM(2015) 670 final 2015/0307 (COD)   Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation No 562/2006 (EC) as regards the reinforcement of checks against relevant databases at external borders  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  proposal  contains  a  targeted  amendment  to  Regulation  (EC)  No  562/2006  of  the 
European Parliament and of the Council of 15 March 2006 establishing a Community Code 
on the rules governing the movement of persons across borders (Schengen Borders Code) in 
order to increase security within the area without internal border control. This proposal replies 
to  the  call  expressed  in  the  Council  conclusions  of  9  and  20  November,  which  invited  the 
Commission to "present a proposal for a targeted revision of the Schengen Borders Code to 
provide  for  systematic  controls  of  EU  nationals,  including  the  verification  of  biometric 
information, against relevant databases at external borders of the Schengen area, making full 
use of technical solutions in order not to hamper the fluidity of movement". 

The  proposal  intends  to  oblige  Member  States  to  carry  out  systematic  checks  on  persons 
enjoying the right of free movement under Union law (i.e. EU citizens and members of their 
families  who  are  not  EU  citizens)  when  they  cross  the  external  border  against  databases  on 
lost and stolen documents as well as in order to verify that those persons do not represent a 
threat to public order and internal security. This obligation shall apply at all external borders 
i.e.  at  air,  sea  and  land  borders,  both  at  entry  and  exit.  However,  where  a  systematic 
consultation of databases on all the persons enjoying the right of free movement under Union 
law could lead to disproportionate impact on the flow of traffic at the border, Member States 
may carry out only targeted checks against databases provided that a risk assessment shows 
this does not lead to risks related to internal security, public policy, international relations of 
the Member States or a threat to the public health.  

While  Member  States  are  obliged  to  check  third  country  nationals  systematically  on  entry 
against  all  databases,  the  current  provisions  do  not  provide  that  on  exit,  checks  for  public 
order and internal security reasons have to be carried out in a systematic way. The amendment 
will  align  the  obligations  to  check  systematically  also  on  exit  that  a  third  country  national 
does not present a threat to public policy and internal security. 

This proposal is a response to the increase of terrorist threats in Europe as manifested by the 
attacks  in  Paris,  Copenhagen  and  Brussels,  but  should  address  all  potential  risks  to  internal 
security. 

The terrorist threat is not limited to one Member State and does not only result from external 
factors. The phenomenon of foreign terrorist fighters remains a major source of concern. The 
number of EU citizens traveling to Syria and Iraq to support terrorist groups is continuously 
increasing.  It  is  estimated  that  up  to  5 000  EU  citizens  departed  to  the  conflict  zones1  and 
most probably joined ISIS forces. Many of the perpetrators of recent terrorist attacks, starting 
from Charlie Hebdo in January 2015, stayed or were trained abroad in the areas controlled by 
the  terrorist  organisations.  Detecting  and  preventing  travel  to  and  from  conflict  zones  [with 
the  intention  to  support  terrorist  organisations]  has  been  identified  as  a  priority  already  in 
2014.  The  European  Commission  has  consistently  supported  the  strengthening  of  the 
Schengen  framework  by  issuing  recommendations  to  enhance  border  checks  within  the 
current legal framework. In this context, following the Statement on terrorism of the informal 
European  Council  of  12  February  2015  and  the  Presidency  Conclusions  of  the  March  2015 

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See Europol, TE-SAT 2015 

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Council2 the Commission again underlined the possibility and the need to reinforce checks on 
the  persons  enjoying  the  right  of  free  movement  under  Union  law  and  to  carry  out  such 
checks on a systematic basis for persons falling under a specific risk assessment. The Practical 
Handbook for Border Guards has consequently been adapted in June 20153.  

In addition, as announced in the European Agenda on Security, in June 2015 the Commission 
also finalised a first set of common risk indicators for foreign terrorist fighters, to be used by 
border guards to help them when conducting checks4.  

The  phenomenon  of  foreign  fighters  demonstrates  that  in  order  to  ensure  a  high  level  of 
security within the area without controls at internal borders, systematic checks must be carried 
out also on persons enjoying the right of free movement under Union law. 

This proposal also reinforces the need to verify biometric identifiers as contained in Council 
Regulation  (EC)  No  2252/2004.  The  latter  Regulation  introduced  the  facial  image  and 
fingerprints as security elements in the passport of EU citizens in order to render them more 
secure and establish a reliable link between the holder and the passport. Therefore, in case of 
doubts about the authenticity of the passport or on the legitimacy of the holder, border guards 
should verify these biometric identifiers.  

• 

Consistency with existing policy provisions in the policy area 

The proposed amendment will ensure that:  

1)  travel  documents  of  persons  enjoying  the  right  of  free  movement  under  Union  law  are 
checked  systematically  against  the  relevant  databases  on  stolen,  misappropriated,  lost  and 
invalidated documents in order to ensure that such persons do not hide their real identity and 

2)  persons  enjoying  the  right  of  free  movement  under  Union  law  are  also  systematically 
checked for internal security and public policy reasons against relevant databases. 

Such  combination  of  systematic  checks  of  documents  and  persons  sections  of  the  relevant 
databases will also enable synergies in the architecture of the system which currently are not 
possible  due  to  the  asymmetry  between  possible  systematic  checks  on  documents  and  non-
systematic  checks  for  security  reasons.  The  proposed  amendment  is  in  line  with  one  of  the 
purposes  of  border  checks,  namely  to  prevent  any  threat  to  the  internal  security  and  public 
policy of the Member States. 

In  addition,  the  proposal  will  extend  the  obligation  to  check  also  on  exit  that  third  country 
nationals are not a threat to public policy and internal security. 

• 

Consistency with other Union policies 

After  the  proposed  amendment  the  Schengen  Borders  Code  will  remain  consistent  with  the 
freedom  of  movement  as  guaranteed  by  the  Treaty  and  as  further  detailed  in  Directive 
2004/38/EC. 

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Outcome of the Council Meeting 3376th, 7178/15 (OR. en) PRESSE 21 PR CO 13 
C(2015) 3894 final 
The  list  is  based  on  travel  trends,  patterns  and  specific  characteristics  of  those  persons,  and  was 
compiled using contributions from Member States, the European External Action Service, Europol and 
Frontex. 

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The  measures  that  will  be  taken  at  external  borders  as  a  consequence  of  this  amendment, 
which consist in checking databases for reasons of security, do not affect the free movement 
rights which EU citizens and their family members derive from the treaty and from Directive 
2004/38/EC, which do not contain a right to be free from security checks on the occasion of 
crossing external borders. 

As far as the measures are concerned which border guards can take on the basis of the results 
of the checks of the databases ('hits'), the provisions of Chapter VI of Directive 2004/38/EC 
allow  Member  States  to  restrict  the  free  movement  rights  of  EU  citizens  and  their  family 
members  on  grounds  of  public  policy  or  public  security,  provided  that  they  respect  the 
material and procedural safeguards set out therein, as interpreted by the Court of Justice of the 
European Union. In case of a positive hit, the rules to be followed are those referred to by the 
Court  of  Justice  in  the  judgment  C-503/03  Commission  v  Spain,  which  are  also  set  out  in 
detail in the SIRENE Manual. 

Given  that  consulted  databases  function  on  the  basis  of  a  hit/no-hit  basis  and  that  the  mere 
consultation of the database is neither registered nor further processed, the systematic checks 
on  persons  enjoying  the  right  to  free  movement  under  Union  law  will  affect  personal  data 
rights only to a limited extent, which is justified by the security objectives pursued. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Article 77 (2)(b) of the Treaty on the Functioning of the European Union is the legal basis for 
the proposal. 

This proposal amends Regulation (EC) No 562/2006 of the European Parliament and of the 
Council  of  15  March  2006  establishing  a  Community  Code  on  the  rules  governing  the 
movement  of  persons  across  borders  (Schengen  Borders  Code)  which  was  based  on  the 
equivalent  provisions  of  the  Treaty  establishing  the  European  Community,  namely  Articles 
62(1) (internal borders) and (2)(a) (external borders) respectively. 

• 

Subsidiarity 

Action in the area of freedom, security and justice falls within an area of competence shared 
between the EU and the Member States in accordance with Article 4(2) TFEU. Therefore, the 
subsidiarity  principle  is  applicable  by  virtue  of  Article  5(3)  TEU,  according  to  which  the 
Union  shall  act  only  if  and  in  so  far  as  the  objectives  of  the  proposed  action  cannot  be 
sufficiently  achieved  by  the  Member  States,  either  at  central  level  or  at  regional  and  local 
level,  but  can  rather,  by  reason  of  the  scale  or  effects  of  the  proposed  action,  be  better 
achieved at Union level.  

The objective of the present proposal is to amend the Schengen Borders Code to provide for 
systematic  controls  of  persons  enjoying  the  right  of  free  movement  under  Union  law  at  the 
external borders  against relevant databases, making full use of technical solutions while  not 
hampering the fluidity of cross border movement. 

Controls at the external borders are carried out in the interest of all the Member States which 
have abolished internal border control (recital 6 of the Schengen Borders Code); they should 
help  to  prevent  any  threat  to  the  Member  States'  internal  security.  Therefore  such  controls 
need to be performed in accordance with common rules. 

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Accordingly,  the  objective  of  establishing  common  rules  concerning  the  scope  and  type  of 
checks  carried  out  at  the  external  borders  cannot  be  sufficiently  achieved  by  the  Member 
States  acting  alone,  and  can  be  better  achieved  at  the  level  of  the  Union.  The  Union  may 
therefore adopt measures, in accordance with the principle of subsidiarity. 

• 

Proportionality 

The content of the consulted databases is limited to aspects relevant for the internal security; 
all  the  grounds  triggering  an  alert  in  the  Schengen  Information  System  are  connected  to 
preserving  internal  security  in  the  Schengen  States  given  the  absence  of  internal  border 
checks.  Thus,  carrying  out  checks  against  relevant  databases  in  a  systematic  way  also  with 
regard  to  the  persons  enjoying  the  right  of  free  movement  under  Union  law  does  not  go 
beyond  what  is  necessary  to  pursue  one  of  the  objectives  of  the  controls  at  the  external 
borders.  

The proposal makes a distinction between external air borders and other external borders, to 
take  into  account  the  passenger  flow  and  infrastructure  at  the  different  types  of  external 
borders. Where, for instance on account of the infrastructure and passenger flow, a systematic 
check may lead to a disproportionate impact on the flow of traffic at the border, the systematic 
checks against databases could be dispensed with at land and sea borders provided that a risk 
assessment  shows  this  does  not  lead  to  risks  related  to  internal  security,  public  policy, 
international relations of the Member States or a threat to the public health. The risk analysis 
should  be  communicated  to  the  European  Agency  for  the  Management  of  Operational 
Cooperation at the External Borders of the Member States of the European Union (hereafter: 
Frontex)  and  should  be  the  subject  of  regular  reporting  to  the  Commission  and  to  Frontex. 
The application of these provisions by the Member States can then be the subject of risk and 
vulnerability  analysis  carried  out  by  Frontex.  The  Commission  will  also  pay  particular 
attention to possible relaxations of systematic border checks at certain land and sea crossing 
points in its bi-annual reporting on the functioning of the Schengen area.  

As far as checks on third country nationals on exit are concerned, the current margin of not 
checking them systematically for public order and internal security reasons will be abolished 
and  the  rule  will  thus  be  aligned  to  the  existing  one  at  entry,  namely  an  obligation  to 
systematically  check  against  databases.  In  accordance  with  Annex  VII,  point  5.2.  Schengen 
Borders Code, cross border workers who are well known to the border guards owing to their 
frequent  crossing  of  the  border  at  the  same  border  crossing  point  and  who  have  not  been 
revealed by an initial check to be the subject of an alert in the SIS or in a national data file 
remain subject only to random checks. Thorough checks shall be carried out on those persons 
from time to time, without warning and at irregular intervals. 

• 

Choice of the instrument 

The  proposal  concerns  the  amendment  of  a  Regulation,  there  are  no  indications  that  a 
different instrument than a Regulation would be appropriate.  

3. 

RESULTS OF CONSULTATIONS  

The question of systematic consultation of relevant databases with regard to EU citizens and 
other persons enjoying the right of free movement under Union law when crossing an external 
border is on the agenda since spring 2014 following the terrorist attack at the Jewish museum 
in Brussels and the ensuing discussion on the fight against foreign terrorist fighters. 

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In order to ensure internal security efforts had already been made in the course of the last year 
and a half to take appropriate, immediately effective and more efficient measures within the 
existing  EU  acquis.  The  Commission,  in  close  cooperation  with  the  Member  States, 
elaborated  recommendations  in  order  to  improve  border  checks  at  external  borders  moving 
towards  an  intensified  consultation  of  the  relevant  databases,  where  appropriate  based  on  a 
risk  assessment  systematically.  In  the  aftermath  of  the  Charlie  Hebdo  attacks  and  the 
subsequent  call  of  the  Council  of  12  March  2015,  Common  Risk  Indicators  to  better  target 
checks  have  been  developed  and  disseminated  to  the  border  guards.  In  June  2015,  the 
Practical Handbook for Border Guards was adapted to take into account the recommendations 
mentioned above5.  

The issue was also discussed at several occasions in the Frontiers Working Party in 2014 and 
2015.  In  October  2015  the  Luxemburgish  Presidency  enquired  about  developments  in  this 
area6. 

The proposal is a direct reply to the call of the Council of 20 November 2015 to amend the 
Schengen Borders Code further to the terrorist attacks in Paris on 13 November 2015. 

• 

Fundamental rights 

The proposed amendment respects the fundamental rights and principles set out in the Charter 
of Fundamental Rights of the European Union, the right to respect of private and family life 
(Article  7),  the  protection  of  personal  data  (Article  8)  and  the  freedom  of  movement  and 
residence (Article 45). The safeguards of Article 3a of the Schengen Borders Code continue to 
apply.   

4. 

BUDGETARY IMPLICATIONS 

The proposed amendment has no implications for the EU budget. 

OTHER ELEMENTS 

• 

Monitoring, evaluation and reporting arrangements 

The proposed amendment concerns the Schengen Borders Code the implementation of which 
is  evaluated  through  the  Schengen  Evaluation  mechanism  in  accordance  with  Council 
Regulation (EU) No 1053/20137 (Art 37a SBC), without prejudice to the Commission's role 
as guardian of the Treaties (Art. 17(1) TEU). 

• 

Detailed explanation of the specific provisions of the proposal 

The  proposed  amendment  introduces  to  the  current  Article  7(2)  the  obligation  to  carry  out 
systematic checks on persons enjoying the right of free movement under Union law (i.e. EU 
citizens and members of their families who are not EU citizens) against databases on lost and 
stolen  documents  as  well  as  in  order  to  verify  that  the  persons  do  not  represent  a  threat  to 
public order and internal security. This obligation shall apply at all external borders i.e. at air, 
sea  and  land  borders.  However,  where  a  systematic  consultation  of  databases  on  all  the 

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12540/15 
Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring 
mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive 
Committee  of  16  September  1998  setting  up  a  Standing  Committee  on  the  evaluation  and 
implementation of Schengen (OJ L 295 of 6.11.2013, p. 27) 

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persons enjoying the right of free movement under Union law could lead to disproportionate 
impact on the flow of traffic at the border, Member States may carry out only targeted checks 
against databases provided that a risk assessment shows this does not lead to risks related to 
internal security, public policy, international relations of the Member States or a threat to the 
public health. 

The  risk  analysis  should  be  communicated  to  Frontex  and  should  be  the  subject  of  regular 
reporting to the Commission and to Frontex. The Commission will pay particular attention to 
possible relaxations of systematic border checks in its bi-annual reporting on the functioning 
of the Schengen area. 

This proposal also reinforces the need to verify biometric identifiers as contained in Council 
Regulation (EC) No 2252/2004. This Regulation introduced the facial image and fingerprints 
as security elements in the passport of EU citizens in order to render them more secure and 
establish a reliable link between the holder and the passport. Therefore in case of doubts on 
the authenticity of the passport or on the identity of the holder, border guards should verify 
those biometric identifiers. 

The proposed amendment also removes the margin left to Member States not to check third 
country nationals on exit and thus aligns Article 7(3) b) and c) with the existing obligation to 
systematically check third country nationals against databases on entry. 

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2015/0307 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation No 562/2006 (EC) as regards the reinforcement of checks against 
relevant databases at external 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)(b) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Control  at  external  borders  remains  one  of  the  main  safeguards  of  the  area  without 
controls at internal borders. It is carried out in the interest of all Member States. One 
of the purposes of such controls is to prevent any threat to the Member States' internal 
security and public policy, irrespectively of the origin of such threat.  

The  phenomenon  of  foreign  terrorist  fighters,  many  of  whom  are  Union  citizens, 
demonstrates the necessity to strengthen the checks at external borders with regard to 
Union citizens. 

The  documents  of  persons  enjoying  the  right  of  free  movement  under  Union  law 
should therefore be checked systematically against relevant databases related to stolen, 
misappropriated, lost and invalidated travel documents in order to avoid that persons 
hide their real identity. 

Border guards should for the same reason also systematically check persons enjoying 
the  right  of  free  movement  under  Union  law  against  relevant  national  and  European 
databases in order to ensure that they do not represent a  threat to internal security or 
public policy. 

Technological  developments  allow  in  principle  to  consult  relevant  databases  without 
delaying the process of crossing the border, as the controls on documents and persons 
can be carried out in parallel. It is therefore possible without negative effect on persons 
travelling in good faith to strengthen checks at external borders to better identify those 
persons who intend to hide their real identity or who are subject to relevant alerts for 
security reasons or for arrest. Systematic checks should be carried out at all external 
borders.  However,  if  systematic  checks  at  land  and  sea  borders  were  to  have  a 
disproportionate impact on the flow of traffic at the border, Member States should be 
allowed not to carry out systematic checks against databases but only if based on a risk 
analysis  assessing  that  such  a  relaxation  would  not  lead  to  a  security  risk.  Such  risk 
assessment  should  be  transmitted  to  the  Agency  for  the  Management  of  Operational 
Cooperation  at  the  External  Borders  of  the  Member  States  of  the  European  Union 

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established by Council Regulation (EC) No 2007/20048 and be the subject of regular 
reporting both to the Commission and to the Agency. 

(6)  With Council Regulation (EC) No 2252/20049, the Union introduced the facial image 
and fingerprints as security elements in the passport of Union citizens. These security 
features  have  been  introduced  in  order  to  render  the  passports  more  secure  and 
establish  a  reliable  link  between  the  holder  and  the  passport.  Member  States  should 
therefore verify these biometric identifiers, in case of doubts on the authenticity of the 
passport or on the identity of its holder. 

(7) 

This Regulation is without prejudice to the application of Directive 2004/38/EC of the 
European Parliament and of the Council10.  

(8)  Member States are obliged to check systematically third country nationals against all 
databases  on  entry.  It  should  be  ensured  that  such  checks  are  also  carried  out 
systematically on exit. 

(9) 

(10) 

Since the objective of this Regulation, namely reinforcing the checks against databases 
at external borders in reply in particular to the increase of the terrorist threat concerns 
one of the safeguards of the area without internal border control and as such concerns 
the proper functioning of the Schengen area, it cannot be sufficiently achieved by the 
Member States, but can rather be better achieved at Union level, the Union may adopt 
measures, in accordance with the principle of subsidiarity as set out in Article 5 of the 
Treaty on European Union. In accordance with the principle of proportionality, as set 
out  in that Article, this Regulation does  not go beyond what is  necessary in  order to 
achieve those objectives. 

In accordance with Articles 1 and 2 of the Protocol No 22 on the position of Denmark, 
as annexed to the Treaty on European Union and to the Treaty on the Functioning of 
the European Union, Denmark is not taking part in the adoption of this Regulation and 
is not bound by it or subject to its application. Given that this Regulation builds upon 
the  Schengen  acquis,  Denmark  shall,  in  accordance  with  Article  4  of  that  Protocol, 
decide within a period of six months after the Council has decided on this Regulation 
whether it will implement it in its national law. 

(11)  This Regulation constitutes a development of the provisions of the Schengen  acquis, 
in which the United Kingdom does not take part, in accordance with Council Decision 
2000/365/EC11; the United Kingdom is therefore not taking part in the adoption of this 
Regulation and is not bound by it or subject to its application.  

(12)  This Regulation constitutes a development of the provisions of the Schengen  acquis, 
in  which  Ireland  does  not  take  part,  in  accordance  with  Council  Decision 

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Council  Regulation  (EC)  No  2007/2004  of  26  October  2004  establishing  a  European  Agency  for  the 
Management of Operational Cooperation at the External Borders of the Member States of the European 
Union (OJ L 349, 25.11.2004, p.1). 
Council  Regulation  (EC)  No  2252/2004  of  13  December  2004  on  standards  for  security  features  and 
biometrics in passports and travel documents issued by Member States (OJ L 385, 29.12.2004, p.1). 
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of 
citizens  of  the  Union  and  their  family  members  to  move  and  reside  freely  within  the  territory  of  the 
Member States (OJ L 158, 30.4.2004, p. 77). 
Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great 
Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 
1.6.2000, p. 43). 

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2002/192/EC12; Ireland is therefore not taking part in the adoption of this Regulation 
and is not bound by it or subject to its application.  

(13)  As  regards  Iceland  and  Norway,  this  Regulation  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 acquis13, which fall within the area referred to in point 
A of Article 1 of Council Decision 1999/437/EC14. 

(14)  As regards Switzerland, this Regulation 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  acquis15  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/EC16.  

(15)  As regards Liechtenstein, this Regulation 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 acquis17 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/EU18.  

(16)  As  far  as  the  use  of  Schengen  Information  System  is  concerned  this  Regulation 
constitutes an act building upon, or otherwise relating to, the Schengen acquis within, 
respectively, the meaning of Article 3(2) of the 2003 Act of Accession and Article 4(2) 
of the 2011 Act of Accession.  

(17)  This Regulation respects fundamental rights and observes the principles recognised in 

particular by the Charter of Fundamental Rights of the European Union. 

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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). 
OJ L 176, 10.07.1999, p.36 
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, 10.07.1999, p.31). 
OJ L 53, 27.2.2008, p. 52. 
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). 
OJ L 160, 18.6.2011, p. 21 
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). 

EN 

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   EN 

                                                 
(18)  Regulation (EC) No 562/2006 of the European Parliament and of the Council19 should 

therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 562/2006 is amended as follows: 

(1) 

Article 7 is amended as follows: 

(a) paragraph 2 is replaced by the following:  

"(2)  

(a)  

On entry and on exit, persons enjoying the right of free movement under Union law 
shall be subject to the following checks: 

verification  of  the  identity  and  the  nationality  of  the  person  and  the  validity  and 
authenticity  of  the  travel  document,  by  consulting  the  relevant  databases,  in 
particular:  

(1) 

(2) 

the Schengen Information System; 

the Interpol database on stolen and lost travel documents;  

(3)  national databases containing information on stolen, misappropriated, lost and 

invalidated travel documents  

(b) 

verification that a person enjoying the right of free movement under Union law is not 
considered to be a threat to the internal security, public policy, international relations 
of any of the Member States or to public health, including by consulting the relevant 
Union and national databases, in particular the Schengen Information System.  

Where there is doubt on the authenticity of the travel document or on the identity of its holder, 
the checks shall include the verification of the biometric identifiers integrated in the 
passports and travel documents issued in accordance with Council Regulation (EC) 
No 2252/2004*. 

Where, at external land and sea borders, the checks referred to in points a) and b) of the first 
subparagraph would have a disproportionate impact on the flow of traffic, Member 
States may carry out those checks on a targeted basis based on an assessment of the 
risks  related  to  internal  security,  public  policy,  international  relations  of  any  of  the 
Member States or a threat to public health. 

Each  Member  State  shall  transmit  its  risk  assessment  to  the  Agency  for  the 
Management  of  Operational  Cooperation  at  the  External  Borders  of  the  Member 
States  of  the  European  Union  established  by  Regulation  (EC)  No  2007/2004  and 
report every three months to the Commission and to that Agency on the application 
of the checks carried out on a targeted basis. 

____________ 

* 

19 

Council  Regulation  (EC)  No  2252/2004  of  13  December  2004  on  standards  for 
security features and biometrics in passports and travel documents issued by Member 
States (OJ L 385, 29.12.2004, p.1)." 

Regulation  (EC)  No  562/2006  of  the  European  Parliament  and  of  the  Council  of  15  March  2006 
establishing  a  Community  Code  on  the  rules  governing  the  movement  of  persons  across  borders 
(Schengen Borders Code) (OJ L 105, 13.4.2006, p.1). 

EN 

11 

   EN 

 
                                                 
(b) In paragraph 3(b), point (iii) is replaced by the following:  

"(iii) verification that the third-country national concerned is not considered to be a 
threat  to  public  policy,  internal  security  or  international  relations  of  any  of  the 
Member States, including by consulting the relevant Union and national databases, in 
particular the Schengen Information System;".  

(c) In paragraph (3)(c), point (iii) is deleted. 

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

Article 2 

This Regulation shall be binding in its entirety and directly applicable in the Member States in 
accordance with the Treaties. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

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   EN