Forslag til EUROPA-PARLAMENTETS OG RÅDETS FORORDNING om EU-støtte til Schengenområdet, til integreret europæisk grænseforvaltning og til den fælles visumpolitik for perioden 2028-2034

EN EN
EUROPEAN
COMMISSION
Brussels, 16.7.2025
COM(2025) 541 final
2025/0541 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
establishing the Union support for the Schengen area, for European integrated border
management and for the common policy on visas for the period from 2028 to 2034
Offentligt
KOM (2025) 0541 - Forslag til forordning
Europaudvalget 2025
EN 1 EN
EXPLANATORY MEMORANDUM
1. CONTEXT OF THE PROPOSAL
• Reasons and objectives
The Commission Political Guidelines 2024-2029 emphasise the need to ensure a complete
and fully functioning Schengen area without control at internal borders through more secure
external borders, prioritising security, migration management and efficiency. European
Integrated Border Management lies at the centre of these efforts, ensuring consistency
between interconnected policy areas, including borders, returns and surveillance, as well as
between Frontex and responsible national authorities to manage the EU external borders. In
terms of implementation, the Schengen governance framework, supported by the Schengen
evaluations, provides political and strategic steer to the development of the Schengen area,
ensuring that key initiatives, such as the interoperability of IT systems, and the relevant rules
are implemented and that systematic deficits are identified and remedied. This should foster a
strong sense of shared responsibility and mutual trust among the Member States and
Schengen Associated Countries.
Europe’s geopolitical context has significantly changed, profoundly affecting the Union’s
external border management. The rise of hybrid and other security threats including the
weaponisation of migration give additional urgency to protect the external border. Meanwhile,
irregular migration continues to be a major factor, highlighting the need to ensure effective
cooperation with non-EU countries combined with comprehensive partnerships with countries
of origin and transit supported through Regulation (EU) […] [Global Europe]. Migrant
smuggling is a profitable business for criminal networks with smugglers using land, sea and
air routes to facilitate irregular migration both into and within the European Union. It is
increasingly associated with serious human rights violations and deaths, in particular when it
occurs by sea. The loss of migrants' lives at the hands of smugglers in the Mediterranean Sea
stresses the acute need to tackle migrant smuggling, using all the legal, operational, and
administrative levers available.
Member States need to be able to rapidly and effectively respond to developments and receive
Union support for that purpose.
It is essential to ensure the development and secure operation and maintenance of large-scale
IT systems pursuant to Union law in the area of border management, namely the Schengen
Information System (SIS), the Visa Information System (VIS), Eurodac, the Entry/Exit
System (EES) and the European Travel Information and Authorisation System (EITAS),
including their interoperability, and the communication infrastructure. The instrument should
also contribute to actions to enhance data quality and the provision of information.
Union support should also be available to Member States to establish the necessary expertise
and operational capacity to implement the relevant elements of the Pact on Asylum and
Migration, namely the Regulation (EU) 2024/13561
(‘Screening’ Regulation) which
contributes to efficient border management.
1
Regulation of the European Parliament and of the Council of 14 May 2024 introducing the screening of
third-country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU)
2017/2226, (EU) 2018/1240 and (EU) 2019/817, OJ L, 2024/1356, 22.5.2024,
ELI: http://data.europa.eu/eli/reg/2024/1356/oj).
EN 2 EN
Both EU citizens and non-EU citizens are subject to systematic checks when crossing the
EU's external borders. With almost 600 million crossings recorded in 2023 only, and the
number of crossings expected to continue to rise in the coming years, there is a clear need to
have checks carried out swiftly and efficiently, with the help of IT systems while at the same
time maintaining a high level of security, ensuring that each and every traveller is checked.
Member States should work in tight cooperation with the relevant EU agencies, including
Frontex and eu-LISA, which should provide the necessary technical expertise and
technological means for surveillance and situational awareness. In broader terms, relevant
Union bodies, offices and agencies should be involved by the Commission in relevant
activities aiming to ensure that the measures supported by the Union comply with the relevant
Union acquis and agreed Union priorities.
A strong EU Visa Policy is also key to better secure borders and manage migration. Union
support should particularly help Member States improve the efficiency of visa processing and
prevent abuse of the Union’s visa regime. Union support is needed as regards the
digitalisation of visa processing, as well improving as the coverage of consular services across
the world and the service to applicants.
The proposal aims to address the need for greater flexibility in the management of the Union
support, including a stronger performance orientation, as well as enhanced simplification for
all actors involved in its implementation. For this, tight complementarity is enforced with the
proposal for a Regulation (EU) […] establishing the European Fund for economic, social and
territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security,
introducing new mechanisms for the allocation of funding for shared, direct and indirect
management. As challenges in the area of border management and migration are constantly
evolving, there is also a need to respond to pressing needs and changes in policy and Union
priorities, address the deficiencies identified through Schengen evaluations and the Frontex
vulnerability assessment and to steer funding towards actions with a high level of Union
added value, in particular through an EU Facility offering flexibility in the management of the
Union support.
The present proposal, together with the proposal for a Regulation establishing the Union
support for Asylum, Migration and Integration and the proposal for a Regulation establishing
the Union Support for internal security, provide the specific legal framework for the Union
action in the areas of European integrated border management at the external borders, well-
functioning Schengen area and European visa policy, efficient management of migration
flows and internal security, These three Regulations complement each other and contribute to
the objectives of and complement the Regulation (EU) […] establishing the European Fund
for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime,
prosperity and security, through which they will be implemented.
The proposed Regulation builds on the Regulation (EU) 2021/11482
while taking into account
new policy developments and the need to provide an agile response to evolving challenges
concerning European integrated border management, including the well-functioning of the
Schengen area, and the EU visa policy.
• Consistency with existing policy provisions
The Union support for the European integrated border management and the European visa
policy will work in strict complementarity with the other policies under the scope of the
2
Regulation (EU) 2021/1148 of the European Parliament and the Council of 7 July 2021, establishing, as
part of the Integrated Border Management Fund, the Instrument for financial support for Border
management and Visa Policy.
EN 3 EN
National and Regional Partnership Plans, thus fostering synergies between these policies.
Equally, synergies and complementarities must be sought in particular with the Schengen
acquis, and the legislative package underpinning the Pact on Migration and Asylum, entered
into force on 11 June 2024. However, an intensified EU policy on the European integrated
border management and the EU visa policy needs action across the full spectrum of the tools
at its disposal, including activities of relevant Union decentralised agencies.
The six Home Affairs decentralised Agencies (Frontex, Europol, EUAA, eu-LISA, EUDA
and Cepol) play an important and increasing role in the implementation of the Home Affairs
policies. It is essential to ensure coherence between policy strategies set out at EU level and
the operational activities of the decentralised agencies, thereby also maximising the
contribution to the EU policy objectives from the EU funding provided to the decentralised
agencies. The operational role of the decentralised agencies may require further strengthening,
accompanied by corresponding increase of funding.
• Consistency with other Union policies
European integrated border management and visa policy rely on the synergies and coherence
with relevant EU policies such as asylum and migration, internal security and the Union
external policies supporting third countries, especially under Regulation (EU) […] [Global
Europe], which cover a wide range of areas with important links to internal policies, including
border management and visa policies. particular, it is important to ensure an increased
coherence with the Union’s support for cooperation on border management with partner
countries under Global Europe, in view of contributing to a coordinated, holistic and
structured approach maximising synergies and applying the necessary leverage. In this
context, the support to cross-border cooperation under Global Europe is particularly relevant
for enhancing border management and pursuing efforts to prevent irregular migration.
To support the competitiveness agenda, investments based on innovative methods or new
technologies, including measures aiming to test and validate the outcome of Union-funded
research projects should also be considered.
• Variable geometry
This Regulation constitutes a development of the Schengen acquis. As a consequence,
application of the Regulation to Denmark and Ireland is subject to special provisions laid
down in Protocol No 19 and Protocol No 22 annexed to the TEU and the TFEU.
In accordance with Articles 1 and 2 of Protocol No 22, the Regulation is not binding or
applicable in Denmark. However, pursuant to Article 4 of Protocol 22 Denmark is to decide
whether to implement and be bound by measures building upon the Schengen acquis. If it
decides to do so, the measure will create an obligation under international law between
Denmark and the other Member States.
By virtue of Article 4 of Protocol No 19, Ireland may at any time request to take part in some
or all of the provisions of the Schengen acquis. Although Ireland does take part in certain
parts of the Schengen acquis, this Regulation does not concern parts of the Schengen acquis
in which Ireland participates. As a measure that constitutes the development of the Schengen
acquis, the Regulation is to be notified to four countries (Iceland, the Kingdom of Norway,
the Swiss Confederation and the Principality of Liechtenstein), which are not Member States
of the Union, but which participate in the Schengen area without controls at internal borders
on the basis of association agreements concluded with the Union. Once notified, the four
Schengen associated countries will be required to confirm their acceptance of the content of
the Regulation and to implement it into their national law. The proposed measures will, as a
consequence, also apply to those four countries.
EN 4 EN
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Article 3(2) of the Treaty on European Union provides that ‘the Union shall offer its citizens
an area of freedom, security and justice without internal frontiers, in which the free movement
of persons is ensured in conjunction with appropriate measures with respect to external border
controls, asylum, immigration and the prevention and combating of crime’. The legal basis for
this proposal can be found in the measures referred to in Article 77(2) and in Article 79(2)(c)
and (d) of the Treaty on the Functioning of the Union (TFEU).
• Subsidiarity (for non-exclusive competence)
The objectives of the proposal cannot be achieved by Member States acting alone, as the
challenges are of a cross-border nature, and not limited to single Member States or to a subset
of Member States. Union support creates added value by promoting a common approach
across Member States when implementing EU acquis and standards and fostering
collaboration between Member States on transnational issues.
• Proportionality
The proposal does not go beyond what is necessary to achieve the objectives mentioned under
section 1. It falls within the scope for action in the area of freedom, security and justice, as
defined in Title V of Part Three TFEU. The objectives and corresponding Union support are
proportionate to what the instrument aims to achieve.
• Choice of the instrument
The most appropriate instrument for operating the current proposal is a Regulation of the
European Parliament and the Council establishing the Union support for border management
for the period from 1 January 2028 to 31 December 2034 and complementing the proposal for
Regulation (EU) […] establishing the European Fund for economic, social and territorial
cohesion, agriculture and rural, fisheries and maritime, prosperity and security.
3. RESULTS OF RETROSPECTIVE EVALUATIONS, STAKEHOLDER
CONSULTATIONS AND IMPACT ASSESSMENTS
• Retrospective evaluations/fitness checks of existing legislation
The preliminary outcomes of the ongoing ex-post evaluation of the Internal Security Fund -
Borders and Visa (ISF-BV) for the 2014-2020 programming period confirm that the ISF-BV
was effective in supporting Member States in achieving their objectives in the areas of visa
policy and external border management. The introduction of multi-annual programming and
national eligibility rules contributed to reducing administrative burden. Where applied,
simplified cost options were successful at reducing administrative burden, however, they were
not widely adopted. The ISF-BV demonstrated varying degrees of cost-effectiveness and
efficiency. The ISF-BV was coherent within its Fund components and other EU Funds,
however, coherence with Horizon Europe and between the national programmes and Union
Actions could be further reinforced. ISF-BV significantly contributed to EU added value. The
ex post evaluation preliminarily concludes that simplifying reporting requirements and
administrative procedures, without diminishing the quality and the necessary quantitative
information for the monitoring of the implementation, can significantly enhance efficiency.
This approach should minimise administrative burden and allows stakeholders to focus on
delivering results rather than navigating bureaucratic processes.
EN 5 EN
The preliminary outcomes of the mid-term evaluation of the Border Management and Visa
Instrument (BMVI) for the 2021-2027 programming period confirm that the monitoring and
evaluation framework for BMVI has seen significant improvements compared to the 2014-
2020 period. Member States and beneficiaries highlighted concerns regarding the
administrative burden. Thus far, Managing Authorities have made limited use of simplified
cost options and financing not linked to cost, which could reduce administrative burden. The
Member State programmes and the Commission work programmes for the Thematic Facility
have been coherent with other national and EU funding instruments. However, coherence
could have been further reinforced between Union Actions and the Member State
programmes, as well as with Horizon Europe to increase the uptake of innovative
technological solutions. Finally, the BMVI has fostered cooperation, ensures compliance with
EU standards, and enhanced the EU’s collective border management and visa policy
framework. Specific actions have been particularly appreciated by stakeholders for their
flexibility and provision of ad hoc additional funding for specific priorities. The mid-term
evaluation also emphasizes the importance of going further in simplifying the delivery of
funding, and explaining better to Managing Authorities how the performance framework can
contribute to the efficient management of the programmes, beyond the purely formal
reporting that is required by the regulation.
• Stakeholder consultations
The Commission actively engaged with the stakeholders in the process of the initiative,
notably through dedicated events and public consultation activities, as detailed in the
corresponding chapter of the explanatory memorandum of the proposal for a Regulation (EU)
[…] establishing the European Fund for economic, social and territorial cohesion, agriculture
and rural, fisheries and maritime, prosperity and security.
• External expertise
Information about the Commission’s use of external expertise is provided in the
corresponding chapter of the explanatory memorandum of the proposal for a Regulation (EU)
[…] establishing the European Fund for economic, social and territorial cohesion, agriculture
and rural, fisheries and maritime, prosperity and security.
• Impact assessment
Information about the Commission’s Impact Assessment is provided in the corresponding
chapter of the explanatory memorandum of the proposal for a Regulation (EU) […]
establishing the European Fund for economic, social and territorial cohesion, agriculture and
rural, fisheries and maritime, prosperity and security.
• Simplification
The initiative is expected to contribute to a significant reduction of administrative burden and
costs, as well as improved efficiency in the implementation of Union support, see also the
corresponding chapter of the explanatory memorandum of the proposal for a Regulation (EU)
[…] establishing the European Fund for economic, social and territorial cohesion, agriculture
and rural, fisheries and maritime, prosperity and security.
• Fundamental rights
The Union support will be implemented in compliance with the Charter of Fundamental
Rights of the European Union and the principle of the rule of law, as set out in Article 2(a) of
Regulation (EU, Euratom) 2020/2092, see also the corresponding section in the Explanatory
Memorandum accompanying the Commission proposal for a Regulation (EU) […]
EN 6 EN
establishing the European Economic, Territorial, Social, Rural and Maritime Sustainable
Prosperity and Security Fund.
4. BUDGETARY IMPLICATIONS
The indicative financial envelope for the implementation of the objectives under the Union
support is set at EUR 15 396 750 000 billion for the period from 2028 to 2034 in current
prices. It shall be implemented in compliance with the horizontal rules for the National and
Regional Partnership Plans laid down in Regulation (EU) […] establishing the European Fund
for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime,
prosperity and security.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The Union support under this proposal will be implemented through shared management by
the Member States and direct and indirect management by the Commission. The
implementation of the Union support will be monitored through the performance framework
applicable for the 2028-2034 multiannual financial framework, which is set out in the
proposal for a Regulation (EU) […] establishing a budget expenditure tracking and
performance framework and other horizontal rules of the Union programmes and activities .
• Detailed explanation of the specific provisions of the proposal
The proposed Regulation defines in Article 1 the scope of the Union support for the EU
integrated border management and the EU visa policy for the period from 1 January 2028 to
31 December 2034. For this, essential definitions are given in Article 2, and the objectives are
defined in Article 3, in consistency with Union support that will be provided under the
horizontal rules of the European Fund for economic, social and territorial cohesion,
agriculture and rural, fisheries and maritime, prosperity and security established by
Regulation (EU) […].
In Article 4, the proposal lays down provisions for the financing of the Union support, in
Article 5 provisions for the Schengen Associated Countries, and in Article 6 provisions for
implementing the operation of the Special Transit Scheme in Lithuania.
The proposed Regulation also sets out in Article 7 the rules for the budgetary treatment of the
resources for operating costs of the European Travel Information and Authorisation System
pursuant to Regulation (EU) 2018/1240 and in Article 8 the rules for the budgetary treatment
of the financial contributions from Member States for the purpose of the Annual Solidarity
Pool established by Regulation (EU) 2024/1351 of the European Parliament and of the
Council of 14 May 20243
.
Article 9 lays down transitional provisions. The date of the entry into force of the proposed
Regulation is set in Article 10, which stipulates that the Regulation will be binding in its
entirety and directly applicable in all Member States in accordance with the Treaties from 1
January 2028.
3
Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum
and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing
Regulation (EU) No 604/2013, (OJ L, 2024/1351, 22.5.2024,
ELI: http://data.europa.eu/eli/reg/2024/1351/oj).
EN 7 EN
EN 8 EN
2025/0541 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
establishing the Union support for the Schengen area, for European integrated border
management and for the common policy on visas for the period from 2028 to 2034
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Articles 77(2) and 79(2), point (c) and (d) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee4
,
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure5
,
Whereas:
(1) The Union’s objective of constituting an area of freedom, security and justice in
accordance with Article 67(1) of the Treaty on the Functioning of the European Union
(TFEU) should be achieved through the provision of Union support for the
development of the Union’s common policy on external border control, including for
the common visa policy pursuant to Article 77(2), point (a) TFEU.
(2) To ensure the effective and efficient functioning of the Schengen area without internal
borders, a strong governance framework, an effective European integrated border
management, as implemented by the European Border and Coast Guard, established
by Regulation (EU) 2019/1896 of the European Parliament and of the Council6
, and
the EU visa policy are of paramount importance to ensure the integrity and resilience
of the Schengen Area.
(3) Union support should therefore be provided for Member States’ efforts to protect the
external borders of the Union, curbing illegal border crossings and unauthorised
movements between the Member States, as well as modernising and improving the
overall efficiency of visa processing and preventing abuse of the Union’s visa regime.
This Union support is to be provided under the under the horizontal rules of the
European Fund for economic, social and territorial cohesion, agriculture and rural,
fisheries and maritime, prosperity and security established by Regulation (EU) […].
(4) Union support should also be provided for the effective implementation, application
and development of the Schengen framework at the European and national level,
4
OJ C , , p. .
5
Position of the European Parliament of and position of the Council of .
6
Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on
the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU),
(2016/1624, OJ L 295, 14.11.2019, p. 1. ELI: http://data.europa.eu/eli/reg/2019/1896/oj),
EN 9 EN
including through strengthening the national Schengen governance encompassing the
effective coordination structures and strategic processes which are critical for the well
-functioning of the Schengen area.
(5) This Regulation lays down the objectives of the Union support for a well-functioning
Schengen area without control at the internal borders, including for European
integrated border management, including support for the functioning of the Schengen
area, and for European visa policy (‘the Union support’). Member States should ensure
that their National and Regional Partnership Plans address each of the objectives this
Regulation sets out.
(6) In accordance with Lithuania’s Act of Accession to the EU, the Regulation also
addresses the need to support Lithuania for the management of the transit of persons
between the region of Kaliningrad and other parts of the Russian Federation.
(7) The amounts to be allocated per Member State should be set out by the Commission in
accordance with the allocation methodology laid down in Regulation (EU) […]
establishing the European Fund for economic, social and territorial cohesion,
agriculture and rural, fisheries and maritime, prosperity and security through a single
implementing decision. That decision should as a rule also cover the amounts under
the Regulation (EU) […] establishing the European Fund for economic, social and
territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and
security, the Regulation (EU) […] establishing the Union support for asylum,
migration and integration and the Regulation (EU) […] establishing the Union support
for internal security.
(8) The Union support should build on the results and investments from the previous
programming periods: (i) the External Borders Fund for the period 2007-2013
established by Decision No 574/2007/EC of the European Parliament and of the
Council7
; (ii) the instrument for external borders and visa as part of the Internal
Security Fund for the period 2014-2020 established by Regulation (EU) No
515/2014 of the European Parliament and of the Council8
; and (iii) the instrument for
financial support for border management and visa policy as part of the Integrated
Border Management Fund for the period 2021-2027, established by Regulation (EU)
2021/1148 of the European Parliament and of the Council9
.
(9) In the face of a changing global landscape and growing instability, the Union and its
Member States need to combine their resources to protect the Union’s external borders
effectively, including to address irregular migration, smuggling of migrants,
trafficking in human beings, and top respond to State actors artificially creating and
facilitating irregular migration, instrumentalising migratory flows as a tool for political
purposes, and using hybrid warfare tactics, such as the weaponisation of migration10
,
7
OJ L 144, 6.6.2007, p. 22.
8
Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014
establishing, as part of the Internal Security Fund, the instrument for financial support for external
borders and visa and repealing Decision No 574/2007/EC, (OJ L 150, 20.5.2014, p. 143, ELI:
http://data.europa.eu/eli/reg/2014/515/oj).
9
Regulation (EU) 2021/1148 of the European Parliament and of the Council of 7 July 2021 establishing,
as part of the Integrated Border Management Fund, the Instrument for Financial Support for Border
Management and Visa Policy, (OJ L 251, 15.7.2021, p. 48, ELI:
http://data.europa.eu/eli/reg/2021/1148/oj).
10
Communication from the Commission to the European Parliament and the Council on countering
hybrid threats from the weaponisation of migration and strengthening security at the EU’s external
borders (COM(2024) 570 final of 11.12.2024).
EN 10 EN
to destabilise the European Union and its Member States. In the interest of solidarity
in the Schengen area as a whole and in the spirit of shared responsibility for the
protection of the Union’s external borders, the Member State’s National and Regional
Partnership Plan should adequately address the challenges identified, notably in the
context of the European Integrated Border Management Strategy, the European Visa
Policy Strategy and in the new Schengen IT architecture relying on the large-scale
information technology (IT) systems deployed for external borders and security
management as well as on the interoperability of those systems. Furthermore, in
support of the border control mission, the deployment of technology and digital
solutions should be considered.
(10) The Union support should contribute to ensuring consistency, coherence, synergies
and complementarities between the Union’s internal and external policies. An
increased coherence is needed between migration, asylum, return and external policies
and it is important to ensure that the Union’s external assistance and Union support
under this Regulation contribute to a coordinated, holistic and structured approach to
migration, maximising synergies and increasing leverage. Union support under this
Regulation may also include support to the relevant resources of the EU delegations in
duly justified cases, and be coordinated between the Member States and the
Commission in programming and implementation stages.
(11) Europe must protect its security interest against suppliers which could represent a
persistent security risk due to the potential interference from third countries as well as
their cybersecurity practices. It is therefore necessary to reduce the risk of persisting
dependency on high-risk suppliers in the internal market, as they could have
potentially serious negative impacts on security for users, companies and
authorities across the EU and the EU’s critical infrastructure in terms of the integrity
of data and services as well as the availability of service. This exclusion should be
based on a proportionate risk assessment and associated mitigation measures as
defined in the Union policies and laws.
(12) As challenges in border management and visa policy are constantly evolving, there is a
need to adapt the allocation of Union support to changes in priorities for external
border management and visa policy, including changes that result from increased
pressure at the border, and a need to steer funding towards the priorities with the
highest Union added value. To respond to pressing needs and changes in policy and
Union priorities, and to steer funding towards actions with a high level of Union added
value, part of the Union support should be implemented in direct, shared and indirect
management via the EU Facility established pursuant to Regulation (EU) […]
establishing the European Fund for economic, social and territorial cohesion,
agriculture and rural, fisheries and maritime, prosperity and security. The EU Facility
offers flexibility in the management of the Union support, and, for shared
management, it should be implemented through the Member States’ National and
Regional Partnership Plans.
(13) The Commission and the Member States should ensure that the knowledge and
experience of Union bodies, offices and agencies are taken into account when
implementing measures or addressing challenges in relation to migration management,
border control and management and internal security. Where appropriate, the
Commission should also be able to involve the relevant Union bodies, offices and
agencies in activities aiming to ensure that the measures supported by the Union
support comply with the relevant Union acquis and agreed Union priorities.
EN 11 EN
(14) The Union support should support measures linked to external border control in the
territory of the countries applying the Schengen acquis as part of the implementation
of the European integrated border management, which strengthens the overall
functioning of the Schengen area. In order to specify the nature and modes of
participation in the Union support of countries associated with the implementation,
application and development of the Schengen acquis, further arrangements should be
concluded between the Union and those countries under the relevant provisions of the
respective association agreements between those countries and the Union.
(15) The Union support should continue contributing to the implementation, development
and governance of the Schengen area to promote an area without control at internal
borders. It should continue supporting measures linked to external border control in
the territory of the countries applying the Schengen acquis as part of the
implementation of the European integrated border management, which strengthens the
overall functioning of the Schengen area.
(16) The Union support should contribute to modernising and improving the efficiency of
visa processing in terms of detecting and assessing security and irregular migration
risks, ensuring effective implementation of the Visa Code. In particular, the Union
support should contribute to the digitalisation of visa processing with the objective of
providing fast, secure and client-friendly visa procedures for the benefit of both visa
applicants and consulates. The Union support should also serve to improve service to
visa applicants, including through a better coverage of consular services across the
world.
(17) The Member States may build on the principle of partnership in the implementation of
the Union support to ensure continuity in the governance approach.
(18) Pursuant to Article 86 of Regulation (EU) 2018/1240 of the European Parliament and
of the Council11
, the operating costs of the European Travel Information and
Authorisation System (ETIAS) should be covered by the revenues generated by the
travel authorisation fees. This Regulation should lay down rules in order to make
available to Member States their respective share of ETIAS fees to cover their relevant
operating costs, including modalities in cases when their total operating costs in a
given year exceed the available ETIAS revenue.
(19) Given that Member States subject to migratory pressure should be able to rely on
Union support, this Regulation should set out the rules in order to make available to
benefitting Member States the respective share of the financial contributions included
in the Annual Solidarity Pool established by Regulation (EU) 2024/135112
.
(20) All actions supported in accordance with the Union support under this Regulation
should be implemented in compliance with the rights and principles enshrined in the
Union acquis and the Charter of Fundamental Rights of the European Union and
should be in line with the international obligations of the Union and the Member
States arising from the international instruments to which they are party.
11
Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018
establishing a European Travel Information and Authorisation System (ETIAS) and amending
Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU)
2017/2226, (OJ L 236, 19.9.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1240/oj).
12
Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum
and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing
Regulation (EU) No 604/2013, (OJ L, 2024/1351, 22.5.2024, ELI:
http://data.europa.eu/eli/reg/2024/1351/oj).
EN 12 EN
(21) In accordance with Protocol No 5 to the 2003 Act of Accession on the transit of
persons by land between the region of Kaliningrad and other parts of the Russian
Federation13
, the Union shall assist Lithuania in managing the transit of persons
between the region of Kaliningrad and the other parts of the Russian Federation and
shall, notably, bear any additional costs incurred by implementing the specific
provisions of the acquis providing for such transit. Therefore, this Regulation should
lay down the rules for the financial support for Special Transit Scheme set out by
Council Regulation (EC) No 693/200314
.
(22) As regards Iceland and Norway, this Regulation constitutes a development of the
provisions of the Schengen acquis within the meaning of the Agreement concluded by
the Council of the European Union and the Republic of Iceland and the Kingdom of
Norway concerning the latters’ association with the implementation, application and
development of the Schengen acquis15
which fall within the area referred to in Article
1, points A and B of Council Decision 1999/437/EC16
.
(23) As regards Switzerland, this Regulation constitutes a development of provisions of the
Schengen acquis within the meaning of the Agreement between the European Union,
the European Community and the Swiss Confederation on the Swiss Confederation’s
association with the implementation, application and development of the Schengen
acquis17
which fall within the area referred to in Article 1, Points A and B of Decision
1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC18
.
(24) As regards Liechtenstein, this Regulation constitutes a development of the provisions
of the Schengen acquis within the meaning of the Protocol between the European
Union, the European Community, the Swiss Confederation and the Principality of
Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement
between the European Union, the European Community and the Swiss Confederation
on the Swiss Confederation’s association with the implementation, application and
development of the Schengen acquis19
which fall within the areas referred to in Article
13
Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the
adjustments to the Treaties on which the European Union is founded, (OJ L 236, 23.9.2003, p. 955,
ELI: http://data.europa.eu/eli/treaty/acc_2003/act_1/pro_10/sign).
14
Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a specific Facilitated Transit
Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular
Instructions and the Common Manual, (OJ L 99, 17.4.2003, p. 8, ELI:
http://data.europa.eu/eli/reg/2003/693/oj).
15
OJ L 176, 10.7.1999, p. 36.
16
Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the
Agreement concluded by the Council of the European Union and the Republic of Iceland and the
Kingdom of Norway concerning the association of those two States with the implementation,
application and development of the Schengen acquis, (OJ L 176, 10.7.1999, p. 31, ELI:
http://data.europa.eu/eli/dec/1999/437/oj).
17
OJ L 53, 27.2.2008, p. 52.
18
Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European
Community, of the Agreement between the European Union, the European Community and the Swiss
Confederation on the Swiss Confederation’s association with the implementation, application and
development of the Schengen acquis, (OJ L 53, 27.2.2008, p. 1, ELI:
http://data.europa.eu/eli/dec/2008/146/oj).
19
OJ L 160, 18.6.2011, p. 21, ELI: http://data.europa.eu/eli/prot/2011/350/oj.
EN 13 EN
1, Points A and B of Decision 1999/437/EC read in conjunction with Article 3 of
Council Decision 2011/350/EU20
.
(25) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark,
annexed to the TEU and the TFEU, Denmark is not taking part in the adoption of this
Regulation and is not bound by it or subject to its application. Given that this
Regulation builds upon the Schengen acquis, Denmark should, in accordance with
Article 4 of that Protocol, decide within a period of six months after the Council has
decided on this Regulation whether it will implement this Regulation in its national
law.
(26) This Regulation constitutes a development of the provisions of the Schengen acquis in
which Ireland does not take part, in accordance with Council Decision 2002/192/EC21
.
Ireland is therefore not taking part in the adoption of this Regulation and is not bound
by it or subject to its application,
HAVE ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation lays down the objectives and financing of the Union support for European
integrated border management and for European visa policy for the period from 1 January
2028 to 31 December 2034. The Union support shall contribute to the functioning of the
Schengen area, to the efficient management of external borders and to the efficiency of the
visa policy, including by providing support for the implementation, strengthening and
development of the relevant elements of the Pact on Migration and Asylum, and to a high
level of internal security within the Union, preserving the absence of any controls on persons
when crossing internal borders.
This Union support shall be provided under the horizontal rules of the European Fund for
economic, social and territorial cohesion, agriculture and rural, fisheries and maritime,
prosperity and security established by Regulation (EU) […].
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
20
Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union,
of the Protocol between the European Union, the European Community, the Swiss Confederation and
the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement
between the European Union, the European Community and the Swiss Confederation on the Swiss
Confederation’s association with the implementation, application and development of the Schengen
acquis, relating to the abolition of checks at internal borders and movement of persons, (OJ L 160,
18.6.2011, p. 19, ELI: http://data.europa.eu/eli/dec/2011/350/oj).
21
Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some
of the provisions of the Schengen acquis, (OJ L 64, 7.3.2002, p. 20, ELI:
http://data.europa.eu/eli/dec/2002/192/oj).
EN 14 EN
(1) ‘border crossing point’ means border crossing point as defined in Article 2, point (8)
of Regulation (EU) 2016/39922
;
(2) ‘European integrated border management’ means European integrated border
management as referred to in Article 3 of Regulation (EU) 2019/189623
;
(3) ‘external borders’ means external borders as defined in Article 2, point 2 of
Regulation (EU) 2016/39924
and internal borders at which controls have not yet been
lifted;
(4) ‘external border section’ means external border section as defined in Article 2, point
(11) of Regulation (EU) 2019/189625
;
(5) ‘internal borders at which controls have not yet been lifted’ means:
(a) the common border between a Member State fully implementing the Schengen
acquis and a Member State bound to apply the Schengen acquis in full, in
conformity with its Act of Accession, but for which the relevant Council
Decision authorising it to fully apply that acquis has not yet entered into force;
(b) the common border between two Member States bound to apply the Schengen
acquis in full, in conformity with their respective Acts of Accession, but for
which the relevant Council Decision authorising them to fully apply that acquis
has not yet entered into force.
(6) ‘benefitting Member State’ means a benefitting Member State as defined in Article 2,
point (19) of Regulation (EU) 2024/1351;
(7) ‘contributing Member State’ means a contributing Member State as defined in
Article 2, point (20) of Regulation (EU) 2024/1351;
(8) ‘financial contributions’ means financial contributions in accordance with Article
56(2), point (b) of Regulation (EU) 2024/1351.
Article 3
Objectives for the Union support for the Schengen area, for European integrated border
management at the external borders and for the common policy on visas
1. To ensure strong and effective European integrated border management at the
external borders, a well-functioning Schengen area and an efficient visa policy, the
Union support shall contribute to each of the following objectives:
22
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), (OJ L 77, 23.3.2016, p. 1–52, ELI: http://data.europa.eu/eli/reg/2016/399/oj).
23
Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on
the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU)
2016/1624, (OJ L 295, 14.11.2019, p. 1–131).
24
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), (OJ L 77, 23.3.2016, p. 1–52).
25
Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on
the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU)
2016/1624, (OJ L 295, 14.11.2019, p. 1–131).
EN 15 EN
(a) supporting the effective implementation, application and development of the
Schengen framework and strengthening the governance, integrity and security
of the Schengen area without internal borders;
(b) supporting effective European integrated border management at the external
borders, implemented by the European Border and Coast Guard as a shared
responsibility of the European Border and Coast Guard Agency and the
national authorities responsible for border management, including through
innovative methods and new technologies, to facilitate legitimate border
crossings, to prevent and detect illegal immigration, cross-border crime, and
instrumentalisation and weaponisation of irregular migration, to contribute to
effective return;
(c) supporting the common visa policy to ensure a harmonised approach with
regard to the timely issuance of visas and to facilitate legitimate travel, while
preventing migratory and security risks and contributing to the security and a
well-functioning of the Schengen area.
The Union support shall be implemented in a manner fully consistent with the
objectives set out in Regulation (EU) […] establishing the European Fund for
economic, social and territorial cohesion, agriculture and rural, fisheries and maritime,
prosperity and security.
2. The Union support shall be implemented in accordance with the relevant Union
acquis and the international obligations of the Union and the Member States arising
from the international instruments to which they are party.
3. The Member States shall ensure that the priorities of their National and Regional
Partnership Plans include actions to achieve each of the objectives of the Union
support under this Regulation, and, that the allocation of resources between
objectives is proportionate to the identified challenges and needs.
Article 4
Financing
1. The indicative financial envelope for the implementation of the objectives set out in
Article 3 for the period from 2028 to 2034 is set at EUR 15 396 750 000 in current
prices. It shall be implemented in compliance with the horizontal rules for the
National and Regional Partnership Plans laid down in Regulation (EU) […]
establishing the European Fund for economic, social and territorial cohesion,
agriculture and rural, fisheries and maritime, prosperity and security.
2. The Commission shall adopt an implementing act to establish the amount per
Member State by applying the allocation methodology set out in Section B, Annex I
of Regulation (EU) […] establishing the European Fund for economic, social and
territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and
security.
3. In addition, the budgetary appropriations for the objectives set out in Article 3 of this
Regulation, implemented through the EU Facility under Title IV of Regulation (EU)
[…] establishing the European Fund for economic, social and territorial cohesion,
agriculture and rural, fisheries and maritime, prosperity and security, shall be
EN 16 EN
established in the framework of the annual budgetary procedure provided for in
Article 314 TFEU.
4. For measures that relate to the objectives set out in Article 3 of this Regulation,
where the Commission concludes that those measures comply with the requirements
laid down in this Regulation and Regulation (EU) […] establishing the European
Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and
maritime, prosperity and security, and where the Commission proposes a Council
implementing decision approving the National and Regional Partnership Plan of the
concerned Member State in accordance with the procedure set out in Article 23 of
Regulation (EU) […] establishing the European Fund for economic, social and
territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and
security, it shall make a proposal for a Council implementing decision on the
approval of those measures.
5. When making a proposal for a Council implementing decision on the measures that
relate to the objectives set out in Article 3 of this Regulation, the Commission
proposal shall lay down the elements referred to in Article 23(4) of the Regulation
(EU) […] establishing the European Fund for economic, social and territorial
cohesion, agriculture and rural, fisheries and maritime, prosperity and security, with
regard to the objectives set out in Article 3.
6. The Council shall adopt the implementing decision referred to in paragraph 4, as a
rule, within four weeks of the adoption of the Commission proposal and together
with the implementing decisions referred to in Article 23, paragraph (1) [Commission
proposal and Council implementing decision] of Regulation (EU) […] establishing
the European Fund for economic, social and territorial cohesion, agriculture and
rural, fisheries and maritime, prosperity and security.
7. Article 24 of the Regulation (EU) […] establishing the European Fund for economic,
social and territorial cohesion, agriculture and rural, fisheries and maritime,
prosperity and security on the amendment of Plans shall apply, provided that the
Commission proposal and the Council Implementing Decision approving
amendments of the elements listed in Article 23(4) only cover the objectives referred
to in Article 3 of this Regulation.
Article 5
Schengen Associated Countries
In accordance with the relevant provisions of their respective association agreements,
arrangements shall be made in order to specify the nature and modes of the participation in
the Union support of countries associated with the implementation, application and
development of the Schengen acquis. As soon as possible after the country concerned has
notified its decision to accept the content of the Union support and to implement it in its
internal legal order, in accordance with the relevant association agreement, the Commission
shall submit a recommendation to the Council for the opening of negotiations on those
arrangements under Article 218(3) TFEU. On receipt of the recommendation, the Council
shall act without delay in deciding to authorise the opening of those negotiations. The
financial contributions from those countries shall be added to the overall resources available
from the financial envelope referred to in Article 4.
EN 17 EN
Article 6
Support for the Special Transit Scheme
1. An amount of up to EUR 450 000 000 shall be allocated to Lithuania’s National and
Regional Partnership Plan pursuant to Regulation (EU) […] establishing the
European Fund for economic, social and territorial cohesion, agriculture and rural,
fisheries and maritime, prosperity and security to provide support for foregone
income from processing short-stay visas and additional costs in implementing the
Facilitated Transit Document (FTD) and the Facilitated Rail Transit Document
(FRTD) scheme in accordance with Council Regulation (EC) No 693/2003 and
Regulation (EC) No 694/2003 amended by Regulation (EU) 2023/2667 of the
European Parliament and of the Council.
2. For the purpose of paragraph 1, the support from the Union for the foregone income
shall be based on the issuance of FTDs and FRTDs. The ceiling for the support shall
be set at EUR 100 000 000.
3. For the purpose of paragraph 1, the support from the Union shall cover the additional
estimated costs resulting directly from the specific requirements of implementing the
operation of the Special Transit Scheme and which are not generated as a result of
the issuing of visas under Regulation (EC) 810/2009 of the European Parliament and
of the Council (26
).
The maximum contribution of the Union budget shall be 100% of the total estimated
costs. The ceiling for this support shall be set at EUR 350 000 000.
The additional estimated costs shall cover in particular:
(a) investment in infrastructures, means of transport, ICT systems and equipment
necessary for the operation of the Special Transit Scheme;
(b) training of staff implementing the Special Transit Scheme;
(c) additional operational costs, including staff costs for the implementation of the
Special Transit Scheme.
4. The Commission and Lithuania shall review the application of this Article in the
event of unforeseen circumstances which have an impact on the existence or
functioning of the Special Transit Scheme.
5. The amounts referred to in paragraphs 2 and 3 shall be allocated to Lithuania’s
National and Regional Partnership Plan. Those amounts shall not be used for other
measures in the Plan except in duly justified circumstances, as approved by the
Commission through the amendment of that Plan pursuant to Article 24 of
Regulation (EU) […] establishing the European Fund for economic, social and
territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and
security.
Following a reasoned request by Lithuania, the amount referred to in paragraph 3 may be
reviewed and, where necessary, adjusted before the adoption of the last work programme
pursuant to Article 31 of Regulation (EU) […] establishing the European Fund for economic,
social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and
26
Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009
establishing a Community Code on Visas (Visa Code), (OJ L 243, 15.9.2009, p. 1-58, ELI:
http://data.europa.eu/eli/reg/2009/810/oj)
EN 18 EN
security. Any additional amounts will be allocated to Lithuania’s National and Regional
Partnership Plan in accordance with Article 31(7) of Regulation (EU) […] establishing the
European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries
and maritime, prosperity and security.
Article 7
Resources for operating costs of the European Travel Information and Authorisation
System (ETIAS)
1. Each Member State shall set up an effective and reliable system ensuring that the
operating costs incurred by that Member State under Article 85(2) and 85(3) of
Regulation (EU) 2018/1240 are adequately identified and recorded. By 31 January of
each year, and for the first time by 31 January 2029, Member States shall
communicate to the Commission the total operating costs incurred for the previous
year.
2. On the basis of the information communicated by the Member States in accordance
with paragraph 1, the Commission shall establish the amount of revenues generated
by ETIAS fees to be assigned in accordance with Article 86, second sentence of
Regulation (EU) 2018/1240 for covering operating costs incurred by Member States.
The Commission shall make available to each Member State their respective share of
this amount.
3. Where the amount of total operating costs communicated by the Member States
under paragraph 1 exceeds the available ETIAS revenue, or, where the amount of
expenses incurred to customise and automate border checks in order to implement
ETIAS exceeds the limits set out in 85(3) of Regulation (EU) 2018/1240, the
Commission shall calculate a pro rata reduction of these amounts.
4. Where the amount of total operating costs in a given year exceeds the available
ETIAS revenue, the Commission shall subsequently make available to the Member
States the amount corresponding to the pro rata reduction of their total operating
costs from revenues generated by ETIAS fees.
Article 8
Financial contributions for the Annual Solidarity Pool
The Commission shall calculate and make available to each benefitting Member State the
respective share of the financial contributions transferred by the contributing Member States
in accordance with Article 64(1) of Regulation EU 2024/1351 for the purpose of
implementing the actions set out in Article 56(2)(b) of Regulation (EU) 2024/1351.
Article 9
Transitional provisions
This Regulation shall not affect the continuation or modification of the actions initiated under
Regulation (EU) 2021/1148, which shall continue to apply to the actions concerned until their
closure.
EN 19 EN
Article 10
Entry into force and application
This Regulation shall enter into force on the [twentieth] day following that of its publication
in the Official Journal of the European Union.
It shall apply from the date of application of Regulation (EU) […] establishing the European
Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and
maritime, prosperity and security for the period 2028-2034.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Brussels,
For the European Parliament For the Council
The President The President