Answer given by Ms Johansson on behalf of the European Commission
22.6.2023
1. As indicated in the State of Schengen report of 16 May 2023[1], the enhanced dialogue between the Schengen Coordinator and the Member States having reintroduced border controls, launched in October 2022, brought to light that Member States continue to be confronted with serious threats to their internal security and public policy which require action. However, further information is required from all Member States to better understand the reasons behind the decisions taken, the impact of the reintroduced border controls on the ground, and which alternative measures could address the specific threats faced by Member States.
2. For this reason, the Commission has launched a formal consultation process under Article 27 of the Schengen Borders Code[2] with all Member States concerned, building on the constructive dialogue which has taken place so far. In particular, the Commission, on 26 April 2023, received an opinion from Slovenia with regard to the reintroduction of controls at the Austrian/Slovenian border which is now the subject of the consultations with Austria. Where these consultations should confirm that Austria prolongs controls at internal borders in a manner which is not necessary and proportionate, and which is not based on the existence of a new serious threat affecting public policy or internal security, the Commission is prepared to make use of legal means at its disposal.
- [1] 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
- [2] 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.