Search Legislation

Regulation (EU) 2016/399 of the European Parliament and of the CouncilShow full title

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)

 Help about what version

What Version

More Resources

 Help about UK-EU Regulation

Legislation originating from the EU

When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.

Close

This item of legislation originated from the EU

Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).

Changes to legislation:

This version of this Regulation was derived from EUR-Lex on IP completion day (31 December 2020 11:00 p.m.). It has not been amended by the UK since then. Find out more about legislation originating from the EU as published on legislation.gov.uk. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

  1. Introductory Text

  2. TITLE I GENERAL PROVISIONS

    1. Article 1.Subject matter and principles

    2. Article 2.Definitions

    3. Article 3.Scope

    4. Article 4.Fundamental Rights

  3. TITLE II EXTERNAL BORDERS

    1. CHAPTER I Crossing of external borders and conditions for entry

      1. Article 5.Crossing of external borders

      2. Article 6.Entry conditions for third-country nationals

    2. CHAPTER II Control of external borders and refusal of entry

      1. Article 7.Conduct of border checks

      2. Article 8.Border checks on persons

      3. Article 9.Relaxation of border checks

      4. Article 10.Separate lanes and information on signs

      5. Article 11.Stamping of the travel documents

      6. Article 12.Presumption as regards fulfilment of conditions of duration of stay

      7. Article 13.Border surveillance

      8. Article 14.Refusal of entry

    3. CHAPTER III Staff and resources for border control and cooperation between Member States

      1. Article 15.Staff and resources for border control

      2. Article 16.Implementation of control

      3. Article 17.Cooperation between Member States

      4. Article 18.Joint control

    4. CHAPTER IV Specific rules for border checks

      1. Article 19.Specific rules for the various types of border and the various means of transport used for crossing the external borders

      2. Article 20.Specific rules for checks on certain categories of persons

    5. CHAPTER V Specific measures in the case of serious deficiencies relating to external border control

      1. Article 21.Measures at external borders and support by the Agency

  4. TITLE III INTERNAL BORDERS

    1. CHAPTER I Absence of border control at internal borders

      1. Article 22.Crossing internal borders

      2. Article 23.Checks within the territory

      3. Article 24.Removal of obstacles to traffic at road crossing-points at internal borders

    2. CHAPTER II Temporary reintroduction of border control at internal borders

      1. Article 25.General framework for the temporary reintroduction of border control at internal borders

      2. Article 26.Criteria for the temporary reintroduction of border control at internal borders

      3. Article 27.Procedure for the temporary reintroduction of border control at internal borders under Article 25

      4. Article 28.Specific procedure for cases requiring immediate action

      5. Article 29.Specific procedure where exceptional circumstances put the overall functioning of the area without internal border control at risk

      6. Article 30.Criteria for the temporary reintroduction of border control at internal borders where exceptional circumstances put the overall functioning of the area without internal border control at risk

      7. Article 31.Informing the European Parliament and the Council

      8. Article 32.Provisions to be applied where border control is reintroduced at internal borders

      9. Article 33.Report on the reintroduction of border control at internal borders

      10. Article 34.Informing the public

      11. Article 35.Confidentiality

  5. TITLE IV FINAL PROVISIONS

    1. Article 36.Amendments to the Annexes

    2. Article 37.Exercise of the delegation

    3. Article 38.Committee procedure

    4. Article 39.Notifications

    5. Article 40.Local border traffic

    6. Article 41.Ceuta and Melilla

    7. Article 42.Notification of information by the Member States

    8. Article 43.Evaluation mechanism

    9. Article 44.Repeal

    10. Article 45.Entry into force

  6. Signature

    1. ANNEX I

      Supporting documents to verify the fulfilment of entry conditions

      1. The documentary evidence referred to in Article 6(3) may include...

      2. for business trips: an invitation from a firm or an...

    2. ANNEX II

      Registration of information

      1. At all border crossing points, all service information and any...

      2. the names of the border guard responsible locally for border...

    3. ANNEX III

      Model signs indicating lanes at border crossing points

      1. PART A

      2. PART B1: ‘visa not required’;

      3. PART B2: ‘all passports’.

      4. PART C

    4. ANNEX IV

      Affixing stamps

      1. 1. The travel documents of third-country nationals shall be systematically stamped...

      2. 2. The security codes on the stamps shall be changed at...

      3. 3. On the entry and exit of third-country nationals subject to...

      4. 4. Member States shall designate national contact points responsible for exchanging...

    5. ANNEX V

      1. PART A Procedures for refusing entry at the border

        1. 1. When refusing entry, the competent border guard shall:

        2. 2. If a third-country national who has been refused entry is...

        3. 3. If there are grounds both for refusing entry to a...

      2. PART B Standard form for refusal of entry at the border

    6. ANNEX VI

      Specific rules for the various types of border and the various means of transport used for crossing the Member States’ external borders

      1. 1. Land borders

        1. 1.1. Checks on road traffic

          1. 1.1.1. To ensure effective checks on persons, while ensuring the safety...

          2. 1.1.2. At land borders, Member States may, where they deem appropriate...

          3. 1.1.3. As a general rule, persons travelling in vehicles may remain...

          4. 1.1.4. Shared border crossing points

            1. 1.1.4.1. Member States may conclude or maintain bilateral agreements with neighbouring...

            2. 1.1.4.2. Shared border crossing points located on Member State territory: bilateral...

            3. 1.1.4.3. Shared border crossing points located on third-country territory: bilateral agreements...

            4. 1.1.4.4. Before concluding or amending any bilateral agreement on shared border...

        2. 1.2. Checks on rail traffic

          1. 1.2.1. Checks shall be carried out both on train passengers and...

          2. 1.2.2. In addition, in order to facilitate rail traffic flows of...

          3. 1.2.3. With respect to high-speed trains from third countries making several...

          4. 1.2.4. When travelling in the opposite direction, the persons on board...

          5. 1.2.5. The border guard may order the cavities of carriages to...

          6. 1.2.6. Where there are reasons to believe that persons who have...

      2. 2. Air borders

        1. 2.1. Procedures for checks at international airports

          1. 2.1.1. The competent authorities of the Member States shall ensure that...

          2. 2.1.2. The place where border checks are carried out shall be...

          3. 2.1.3. Border checks will normally not be carried out on the...

          4. 2.1.4. Where, in cases of force majeure or imminent danger or...

        2. 2.2. Procedures for checks in aerodromes

          1. 2.2.1. It shall be ensured that persons are also checked, in...

          2. 2.2.2. By way of derogation from point 2.1.1 it shall not...

          3. 2.2.3. When the presence of the border guards is not assured...

        3. 2.3. Checks on persons on private flights

          1. 2.3.1. In the case of private flights from or to third...

          2. 2.3.2. Where private flights coming from a third country and bound...

          3. 2.3.3. Where uncertainty exists whether a flight is exclusively coming from,...

          4. 2.3.4. The arrangements for the entry and exit of gliders, micro-light...

      3. 3. Sea borders

        1. 3.1. General checking procedures on maritime traffic

          1. 3.1.1. Checks on ships shall be carried out at the port...

          2. 3.1.2. The master, the ship’s agent or some other person duly...

          3. 3.1.3. A confirmation of receipt (signed copy of the list(s) or...

          4. 3.1.4. The master shall promptly report to the competent authority any...

          5. 3.1.5. The master shall notify the competent authority of the ship’s...

        2. 3.2. Specific check procedures for certain types of shipping

          1. Cruise ships

            1. 3.2.1. The cruise ship’s master shall transmit to the competent authority...

            2. 3.2.2. If the itinerary of a cruise ship comprises exclusively ports...

            3. 3.2.3. If the itinerary of a cruise ship comprises both ports...

          2. Pleasure boating

            1. 3.2.4. By way of derogation from Articles 5 and 8, persons...

            2. 3.2.5. By way of derogation from Article 5, a pleasure boat...

            3. 3.2.6. During those checks, a document containing all the technical characteristics...

          3. Coastal fishing

            1. 3.2.7. By way of derogation from Articles 5 and 8, the...

            2. 3.2.8. The crews of coastal fisheries vessels not registered in a...

          4. Ferry connections

            1. 3.2.9. Checks shall be carried out on persons on board ferry...

            2. 3.2.10. Where a ferry coming from a third country with more...

          5. Cargo connections between Member States

            1. 3.2.11. By way of derogation from Article 8, no border checks...

      4. 4. Inland waterways shipping

        1. 4.1. ‘Inland waterways shipping involving the crossing of an external border’...

        2. 4.2. As regards boats used for business purposes, the captain and...

        3. 4.3. The relevant provisions of points 3.1 to 3.2 shall apply...

    7. ANNEX VII

      Special rules for certain categories of persons

      1. 1. Heads of State

      2. 2. Pilots of aircraft and other crew members

        1. 2.1. By way of derogation from Article 6 the holders of...

        2. 2.2. Articles 7 to 14 shall apply to checks on aircraft...

      3. 3. Seamen

      4. 4. Holders of diplomatic, official or service passports and members of...

        1. 4.1. In view of the special privileges or immunities they enjoy,...

        2. 4.2. If a person presenting himself or herself at the external...

        3. 4.3. Accredited members of diplomatic missions and of consular representations and...

        4. 4.4. The documents issued by the international organisations for the purposes...

      5. 5. Cross-border workers

        1. 5.1. The procedures for checking cross-border workers are governed by the...

        2. 5.2. By way of derogation from Article 8, cross-border workers who...

        3. 5.3. The provisions of point 5.2 may be extended to other...

      6. 6. Minors

        1. 6.1. Border guards shall pay particular attention to minors, whether travelling...

        2. 6.2. In the case of accompanied minors, the border guard shall...

        3. 6.3. In the case of minors travelling unaccompanied, border guards shall...

        4. 6.4. Member States shall nominate national contact points for consultation on...

        5. 6.5. Where there is doubt as to any of the circumstances...

      7. 7. Rescue services, police, fire brigades and border guards

      8. 8. Offshore workers

    8. ANNEX VIII

    9. ANNEX IX

    10. ANNEX X

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.

The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.

For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources