I've seen an advance copy of the proposal to amend the Schengen Borders Code that the Commission is due to table tomorrow. Some key excerpts follow. (It's possible that there will be some last-minute changes to this draft).
There would be new rules dealing with Belarus-type situations, defined here. This is on top of the temporary changes to asylum law proposed two weeks ago.
The substance of the proposed new Belarus rules - the limitation of border crossing points. Note that the right to asylum is protected. (What happens in practice might be different)
Also possibly some new border surveillance rules and recommendations by the Frontex boss
Covid! Currently there's soft law (ie non-binding) on external border control re covid. Commission says it's not applied consistently in practice. Proposes a framework for the Council to adopt binding law.
Some groups of people would be exempt
Further details of external borders and covid
An overhaul of the rules on internal border checks. Still banned in principle but changes to the exceptions, including more police checks *near* the border
A new possibility to return unauthorised entrants quickly to another Member State. The returns directive would be amended to match. The annex includes a right to appeal.
Remember all this would have to be agreed by the Council (qualified majority vote) and European Parliament, which is not guaranteed. They failed to agree on the Commission's last proposal re internal border checks, tabled in 2017 (to be withdrawn).
At first glance there's nothing here of specific relevance to Brexit. Those Brexit supporters who wanted the UK to be a non-EU country without free movement will presumably still be refraining from whining that they got what they asked for /s
Full text of the draft proposal to amend the Schengen Borders Code here
Note that there will be *two* proposals today - not only the amendments to the Borders Code, but also a separate proposal on the Belarus situation. Both are separate from the emergency temporary proposal on that situation tabled two weeks ago.
Official version of proposals to a) amend the Schengen Borders Code and b) to set up a permanent framework to respond to Belarus situations by suspending some EU immigration and asylum law -
ec.europa.eu/commission/pre…
The latter proposal is very similar to the proposal for temporary exceptions to EU asylum law which the EU Commission tabled two weeks ago.
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