MIL-OSI Europe: Answer to a written question – Illegal border crossings within the EU in light of the new Schengen Borders Code – E-002510/2024(ASW)

Article 23a of the Schengen Borders Code[1], as provided by Regulation 2024/1717[2], provides for a procedure under which the competent authorities of a Member State may, where the conditions laid down in that article are met, transfer a third-country national who is apprehended in the internal border areas during checks involving the competent authorities of both Member States within a bilateral cooperation framework.

In addition to this transfer procedure, Member States may apply pre-existing bilateral readmission agreements or arrangements between themselves, within the meaning of Article 6(3) of the Return Directive, to transfer irregularly staying third-country nationals to another Member State[3]. Without prejudice to this provision, Article 6 of the Return Directive applies towards irregularly staying third-country nationals.

Applicants for international protection can be transferred to the Member State responsible for examining their application for international protection under the Dublin Regulation[4].

• [1] 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. OJ L 77, p. 1-52.
• [2] Regulation (EU) 2024/1717 of the European Parliament and of the Council of 13 June 2024 amending Regulation (EU) 2016/399 on a Union Code on the rules governing the movement of persons across borders. OJ L, p.14-15.
• [3] Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals. OJ L 348, p. 98-107.
• [4] Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast), OJ L 180, 29.6.2013, p. 31-59.