Regulation (EU) 2016/399 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification)

What it is

to codify Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code). PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: Regulation (EC) No 562/2006 of the European Parliament and of the Council has been substantially amended several times. It is recalled that on 1 April 1987 the Commission decided to instruct its staff that all acts should be codified after no more than ten amendments, stressing that this is a minimum requirement. The Conclusions of the Presidency of the December 1992 Edinburgh European Council confirmed this, stressing the importance of codification. The Committee on Legal Affairs adopted the report by Heidi HAUTALA (Greens/EFA, FI) on the proposal for a regulation of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codified text). The committee recommended the European Parliament to adopt its position at first reading under the ordinary legislative procedure taking over the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission. The examination of the proposal has enabled the Consultative Working Party to conclude, without dissent, that the proposal is a straightforward codification of existing texts, without any change in their substance. The European Parliament adopted by 533 votes to 86, with 36 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codified text). Parliament adopted its position at first reading under the ordinary legislative procedure taking over the Commission proposal. The proposal is a straightforward codification of existing texts , without any change in their substance. The proposed Regulation provides for the absence of border control of persons crossing the internal borders between the Member States of the Union: it lays down rules governing border control of persons crossing the external borders of the Member States of the Union; it applies to any person crossing the internal or external borders of Member States, without prejudice to: (a) the rights of persons enjoying the right of free movement under Union law; (b) the rights of refugees and persons requesting international protection, in particular as regards non-refoulement. that it is necessary to set out the conditions, criteria and detailed rules governing checks at border crossing points and surveillance at the border , including checks in the Schengen Information System (SIS); border checks should be carried out in such a way as to fully respect human dignity; for rules dealing with the calculation of the authorised length of short-term…

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