This regulation to amend the Schengen Borders Code (SBC) was presented by the European Commission in December 2015, as a response to the increase of terrorist threats and to the call from the Council for a targeted revision of the SBC in the context of the response to "foreign terrorist fighters."

On the basis of this mandate, the Netherlands presidency of the Council of the EU will start negotiations with the European Parliament as soon as the latter has adopted its position.

"Strengthening our common external borders by reinforcing border controls is an important means to fight terrorism and protect the safety of European citizens," said Klaas Dijkhoff, Minister for Migration of the Netherlands.

The proposal obliged member states to carry out systematic checks on all persons, including persons enjoying the right of free movement under the EU law when they cross the external border against databases on lost and stolen documents, as well as in order to verify that those persons do not represent a threat to public order and internal security.

This obligation should apply at all external borders, including air, sea and land borders, both at entry and exit.

In specific, the regulation said that member states may carry out only targeted checks against databases, in case a systematic consultation of databases on all persons enjoying the right of free movement under the EU law could lead to a disproportionate impact on the flow of traffic at a sea and land border, provided that a risk assessment shows this does not lead to risks related to internal security, public policy, international relations of the member states or a threat to public health.

As regards air borders, the ministers agreed that EU member states may use this possibility, but only during a transitional period of six months from the entry into force of the amended regulation.

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