Understanding the Schengen Borders Code (SBC): A Complete Overview

The Schengen Borders Code (SBC) is a framework for the European Union that governs the rules and regulations surrounding border control within the Schengen Area. This system, designed to harmonize and standardize entry and exit procedures, ensures the seamless movement of people across borders while maintaining the highest security standards.

In this article, we’ll break down what the Schengen Borders Code entails, its importance, and how it impacts travel within Europe – for Europeans and foreigners traveling from abroad.

What is the Schengen Borders Code (SBC)?

The Schengen Borders Code (often simply referred to as the SBC) is a set of rules that regulate the movement of people across internal and external borders of the Schengen area.

Its goal is to strike the right balance between the need for freedom of movement and the necessity of a high level of security.

The SBC oversees and outlines the following for all countries in the Schengen area:

• Border check procedures
• How border checks are conducted
• Specific rules regarding refusal of entry into the Schengen area

The Schengen area has 29 country members and there is a lot of overlap with the EU. In fact, the majority of the members of the EU are also in the Schengen area (but not all of them. For example, Ireland is in the EU, but is not in the Schengen area).

The Schengen area is unique because each of the 29 countries has met a certain number of requirements and has agreed to abolish internal border controls, allowing for free movement of travelers from Schengen country to country.

This means that these internal borders are almost entirely free of border checks. So, in order to maintain the integrity of the Schengen zone, external borders and entry into the Schengen area are strictly monitored and controlled.

The SBC plays a large part in this, ensuring that external borders, those between Schengen and non-Schengen countries, are tightly regulated to protect the safety and security of the Schengen zone.

What is the Schengen Borders Code 2016/399?

Regulation (EU) 2016/399 is the latest version of the Schengen Borders Code, officially adopted in 2016.

This regulation repealed the earlier version (Regulation (EC) No 562/2006) and added updated measures to better address contemporary challenges. Some of these challenges include increased migration flows and security threats like terrorism.

The updated regulation not only strengthens external border management but also maintains the principle of free movement across internal borders.

Some of the critical components of Regulation (EU) 2016/399 include:

• Border checks at external borders: All travelers entering the Schengen area through external borders are subject to thorough checks. This ensures that every traveler has met all of the requirements for entry into the zone. Checks also happen upon leaving the Schengen area as well.
• Risk-based control: The updated regulation incorporates a more refined, risk-based approach to border control. This strategic prioritization allows for authorities to focus on high-risk individuals or situations.
• Internal border management: Although the Schengen area allows for the free movement of people, it is possible for border controls to be temporarily introduced at any time with due reason. One example of this could be a pandemic or another mass threat to the safety and integrity of any country in the Schengen area. The SBC has regulations put into place that allow for this to happen if and when needed.
• Refusal of entry: The SBC includes clear guidelines regarding the refusal of entry for individuals who do not meet the entry requirements for the Schengen area.

Key principles of the Schengen Borders Code

1. Internal and external borders

One of the Schengen Borders Code’s key principles is the distinction between internal and external borders. Internal borders are the borders between Schengen member states, where people can move freely without systematic checks.

On the other hand, external borders are the borders shared with non-Schengen countries. At external borders, comprehensive checks are required.

2. Harmonized entry requirements

To keep the Schengen area secure, each member country has to meet the same requirements and standards when it comes to entry. This is another role that the SBC takes on. The SBC outlines specific requirements that travelers must meet to enter the Schengen area through its external borders.

These requirements include having a valid travel document, holding a visa (if required), obtaining ETIAS (if required, from 2025 on), providing proof of sufficient financial means for the duration of stay, and more.

3. Schengen Borders Code refusal of entry

Under the SBC, border authorities have the right to refuse entry to any individual who does not meet the established entry requirements.

When a traveler is refused entry into the Schengen area, it is documented. However, individuals do have the right to appeal the decision.

The Schengen Borders Code refusal of entry rules are in place to protect the security and safety of the Schengen area while ensuring that decisions are made fairly and transparently. Reasons for refusal may include:

• Lack of a valid visa or travel documents
• Inability to demonstrate sufficient financial resources (this is a requirement when obtaining a visa)
• Being flagged in the Schengen Information System (SIS, a shared technological system that each member of the Schengen area utilizes and shares data between)
• Other reasons

Border guards are required to provide written justification for refusing entry, which travelers can challenge through legal means if they believe it was done unjustly.

Entry refusal doesn’t necessarily mean a traveler can never enter the Schengen zone in the future. Depending on the reason for refusal, applicants can apply again in the future should they better meet the requirements (such as proof of funds or accommodation).

4. Temporary reintroduction of internal border checks

While the Schengen Area promotes the free movement of people, there are situations in which internal border controls may be temporarily reinstated.

This can happen in response to serious threats to public policy or internal security, such as pandemics, war, or other safety threats.

5. Enhanced use of technology

The SBC leverages technology to streamline border processes and enhance security. For example, automated border control gates allow quicker and more efficient checks, while systems like the Entry/Exit System (EES) and the Schengen Information System (SIS) help authorities track travelers and prevent illegal entry.

When countries become a part of the Schengen area, they are obligated to implement both EES and SIS. This shared information, again, helps to assure the safety of the entire area.

Why the Schengen Borders Code is important

The Schengen Borders Code plays a significant role in maintaining both the security and the functionality of the Schengen area. Anyone who has entered or exited the Schengen area has directly interacted with processes regulated by the SBC, even if they don't notice it.

The SBC allows millions of travelers to move freely within a large area of Europe while ensuring that external borders remain secure.

By standardizing procedures across all member states, the SBC ensures a consistent approach to border management, thus reducing risks such as human trafficking, terrorism, and illegal immigration.

At the same time, it respects the rights of individuals, providing a transparent framework for entering and exiting the Schengen area.

The Schengen Border Code: Key Information

• The Schengen Borders Code is called the SBC for short.
• The SBC regulates border control within the Schengen Area, balancing free movement with security.
• Regulation (EU) 2016/399 is the updated version of the SBC, focusing on modern challenges like migration and terrorism.
• The SBC focuses on keeping the Schengen area secure by creating, enforcing, and vetting entry processes from citizens of nations outside of the Schengen zone.
• All 29 countries within the Schengen area must adhere to regulations set by the SBC (such as the implementation of EES and SIS).
• The SBC outlines strict guidelines for the refusal of entry to the Schengen Area, ensuring fair but secure border control.
• Temporary internal border checks can be reintroduced in response to security threats.
• Technology plays a significant role in enhancing the efficiency and security of border processes under the SBC.
• If you have been refused entry into the Schengen area, you have the right to appeal the decision.