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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) article 28 CELEX: 02016R0399-20240710 Specific mechanism where a large-scale public health emergency puts at risk the overall functioning of the area without internal border control
1. Where the Commission establishes that there is a large-scale public health emergency that affects several Member States, putting at risk the overall functioning of the area without internal border control, it may make a proposal to the Council to adopt an implementing decision authorising the reintroduction of border control by Member States, including any appropriate mitigating measures to be established at national and Union level, where the available measures referred to in Articles 21a and 23 are not sufficient to address the large-scale public health emergency. The Member States may request the Commission to submit such a proposal to the Council. 2. The Council implementing decision referred to in paragraph 1 shall cover a period of up to 6 months and may be renewed, upon proposal from the Commission, for further periods of up to 6 months as long as the large-scale public health emergency persists, taking into account the review referred to in paragraph 4. |
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) article 28 CELEX: 02016R0399-20240710 3. Where Member States reintroduce or prolong border control because of the large-scale public health emergency referred to in paragraph 1, that border control shall, as of the entry into force of the Council implementing decision referred to in paragraph 1, be based on that decision. 4. The Commission shall regularly review the evolution of the large-scale public health emergency as referred to in paragraph 1, as well as the impact of the measures adopted in accordance with the Council implementing decision referred to in that paragraph, with a view to assessing whether those measures remain justified and if not, to proposing the lifting of border control at internal borders as soon as possible. 5. Member States shall immediately notify the European Parliament, the Council, the Commission and the other Member States of a reintroduction of border control in accordance with the decision referred to in paragraph 1. 6. Member States may take other measures, as referred to in Article 23, in order to limit the scope of border control at internal borders. The Commission shall take those measures into account in the review referred to in paragraph 4 of this Article. |