The revision of the Schengen Borders Code

Briefing 23-05-2022

The Commission demonstrates that the Schengen area has experienced considerable challenges in recent years and makes a convincing case for the need to act. It made an effort to substantiate the initiative and to consult widely. The IA is transparent about the lack of data, which results in a predominantly qualitative analysis. However, the presentation of options leaves, in fact, only the choice of the preferred option. Moreover, one would have expected a more in-depth assessment of impacts – a point that was already highlighted by the RSB. The Commission did not provide a comparative analysis between the 2017 proposal and the preferred option of the IA. The proposal corresponds mostly to the preferred option, but includes some changes not reflected in the IA.