Commission Implementing Decision (EU) 2025/308 of 14 February 2025 establishing a uniform format for the report on the reintroduction or prolongation of border control at internal borders in accordance with Article 33 of Regulation (EU) 2016/399 of the European Parliament and of the Council

• CELEX: Implementing Decision (EU) 2025/308
• Articles: 3

Article 1

The uniform format for the report on the reintroduction or prolongation of border control at internal borders by Member States, as referred to in Article 33(4) of Regulation (EU) 2016/399, shall be as set out in the Annex to this Decision.

Article 2

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

Schedules & Appendices

ANNEX Report on the reintroduction or prolongation of border control at the internal borders

ANNEX

Report on the reintroduction or prolongation of border control at the internal borders

1.    Report submitted by:

Please indicate Member State submitting the report.

2.    Date of submission:

Please indicate date.

3.    Period covered by the report:

Please indicate the period covered by the report, with reference to the notification for this reintroduction or prolongation of border control at the internal borders.

4.    Report submitted:

☐

within 4 weeks of the lifting of border control at internal borders

☐

at the expiry of the first 12 months, where border control was prolonged as referred to in Article 25a(5) of Regulation (EU) 2016/39900

☐

at the expiry of the second 12 months, where border control was prolonged as referred to in Article 25a(5) of Regulation (EU) 2016/399

5.    Report in relation to the lifting of border control at the internal border after:

☐

first reintroduction of border control at internal borders (unforeseeable event): Article 25a(1) of Regulation (EU) 2016/399

☐

prolongation of border control at internal borders (unforeseeable event): Article 25a(3) of Regulation (EU) 2016/399

☐

first reintroduction of border control at internal borders (foreseeable event): Article 25a(4) and (5) of Regulation (EU) 2016/399

☐

prolongation of border control at internal borders (foreseeable event): Article 25a(4) and (5) of Regulation (EU) 2016/399

☐

prolongation of border control at internal borders after 2 years, for major exceptional situation: Article 25a(6) of Regulation (EU) 2016/399

☐

prolongation of border control at internal borders after 2 years and 6 months, for major exceptional situation: Article 25a(6) of Regulation (EU) 2016/399

☐

reintroduction of border control at internal borders in accordance with a Council Implementing Decision: Article 28(1) and (5) of Regulation (EU) 2016/399

6.    Description of the practical implementation of border control at internal borders (per part and/or border crossing point)

6.1.

Number of persons and vehicles controlled.

6.2.

Nature and modus operandi of the internal border control:

a)

static or dynamic

b)

continuous or spot-check

c)

frequency

d)

duration

e)

intensity

f)

authorities carrying out the border control

g)

use of infrastructure

h)

use of technological means

6.3.

Number of cross-border traffic connections that have been closed (road, water, rail) in connection with the reintroduction or prolongation of border control at internal borders

6.4.

Consultations with neighbouring Member States, either prior, during or after, the reintroduction or prolongation of border control at internal borders

6.5.

Action taken in response to Commission opinion(s) (if applicable)

6.6.

Action taken in response to a consultation process (if applicable)

6.7.

Use and accuracy of the risk assessments made prior, during or after, the reintroduction of border control at internal borders.

6.8.

Information on operational cooperation and information exchange with Member States, either prior, during or after the reintroduction of internal border control.

If the requested information is not available, please explain and provide estimates where possible.

7.    Initial and follow-up assessment, as well as ex-post assessment, of proportionality and necessity

7.1.    Appropriateness: extent to which the reintroduction or prolongation of border control at internal borders adequately remedied the threat

7.2.    Reasons for which it was not possible to attain the objectives by:

a)

the use of alternative measures, such as proportionate checks carried out in the context of checks within the territory as referred to in Article 23, point (a), of Regulation (EU) 2016/399;

b)

the use of the procedure laid down in Article 23a of Regulation (EU) 2016/399;

c)

other forms of police cooperation provided for under Union law;

d)

common measures regarding temporary restrictions on travel to the Member States as referred to in Article 21a(2) of Regulation (EU) 2016/399).

7.3.    Impact on the movement of persons within the area without internal border control and the functioning of cross-border regions

Please provide data as to changes in cross border flows, in particular in relation to frontier workers and economic operators, waiting times and traffic congestion.

Please indicate which cross-border regions, as notified under Article 42b of Regulation (EU) 2016/399, were affected by border control at internal borders.

Please indicate the measures that were taken to mitigate the impact of border control at internal borders .

Where relevant, include information on complaints and legal challenges against the reintroduction of internal border control at national level.

7.4.    If the threat consisted of an exceptional situation characterised by sudden large-scale unauthorised movements of third country nationals, within the meaning of Article 25(1), point (c), of Regulation (EU) 2016/399

a)

Evaluation of the nature and evolution of the strain that was put on the overall resources and capacities, the preparation of competent authorities and the risk to the overall functioning of the Schengen area;

b)

Evaluation of the accuracy of previous risk-assessments and the information provided, including any information from Union Agencies.

7.5.    If applicable, factors that led to the decision to lift border control at internal borders

7.6.    If available, number of persons apprehended during the reintroduction of border control at internal borders

If available, please specify the number of persons apprehended on suspicion of:

a)

terrorist offences;

b)

human smuggling;

c)

human trafficking;

d)

criminal offences, not including terrorism, human smuggling, or human trafficking;

e)

irregular entry or stay (i.e. not or no longer fulfilling the entry requirements of Article 6 of Regulation (EU) 2016/399 or crossing the internal border outside authorised border crossing points).

7.7.    Number of applications for international protection made at the internal border during the reintroduction or prolongation of border control at internal borders

8.    Refusal, transfer and readmission at the internal borders

8.1.

If available, total number of third country nationals not admitted during the reintroduction of internal border control. Please also specify, if available, the number of persons:

a)

issued with a return decision following apprehension and/or a refusal of entry decision under analogous application of Article 14 of Regulation (EU) 2016/399;

b)

transferred under the procedure referred to in Article 23a of Regulation (EU) 2016/399 (if applied in parallel);

c)

readmitted under pre-existing bilateral readmission agreements or arrangements;

d)

other (please specify the applicable legal basis).

8.2.

If applicable: explain the special circumstances justifying the parallel application of Article 23a of Regulation (EU) 2016/399 during the reintroduction or prolongation of border control at internal borders

9.    Overview of measures applied in parallel during the reintroduction or prolongation of border control at internal borders

a)

Alternative measures, such as proportionate checks as referred to in Article 23 of Regulation (EU) 2016/399

b)

Other forms of police cooperation under Union law

c)

Temporary public health related restrictions on travel (Article 21a(2) of Regulation (EU) 2016/399)

d)

Regional and bilateral cooperation initiatives, including with third countries

10.    Confidentiality of information (Article 35 of Regulation (EU) 2016/399)

Please indicate if any part of this report is to remain confidential, and, if so, which.