(fra kommisjonsbeslutningen)

(1) The establishment of an area where persons are free to move without internal borders is one of the main achievements of the Union. Therefore, the reintroduction of border control at internal borders should remain an exception and should only be a measure of last resort.

(2) Regulation (EU) 2016/399 obliges Member States to duly notify any decision to reintroduce such border control to the Commission, the Parliament and the Council.

(3) The Commission is to adopt an implementing act to establish a template for notifications by Member States of the reintroduction or prolongation of border control at internal borders.

(4) The template should include all elements that Member States are required to provide under Regulation (EU) 2016/399 to allow the Commission to assess compliance with the criteria and conditions for a temporary reintroduction of border control at internal borders.

(5) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark did not take part in the adoption of Regulation (EU) 2024/1717 of the European Parliament and of the Council (2) amending Regulation (EU) 2016/399 and is not bound by it or subject to its application. However, given that Regulation (EU) 2024/1717 builds upon the Schengen acquis, Denmark, in accordance with Article 4 of that Protocol, notified on 19 November 2024 its decision to implement Regulation (EU) 2024/1717 in its national law. Denmark is therefore bound under international law to implement this Decision.

(6) This Decision does not constitute a development of the provisions of the Schengen acquis, in which Ireland takes part in accordance with Council Decision 2002/192/EC (3). Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(7) As regards Cyprus, this Decision constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 3(2) of the 2003 Act of Accession.

(8) As regards Iceland and Norway, this Decision 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 acquis (4), which fall within the area referred to in Article 1, point A, of Council Decision 1999/437/EC (5).

(9) As regards Switzerland, this Decision 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 acquis (6) 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/EC (7).

(10) As regards Liechtenstein, this Decision 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 acquis (8) 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/EU (9).

(11) The measures provided for in this Decision are in accordance with the opinion of the Schengen Borders Code Committee,