PICUM Analysis - How will the new Schengen Borders Code affect

during the negotiations, the amended SBC is likely to encroach the right to freedom of movement In addition, the Commission can adopt within the EU; lead to increased racial profiling; delegated acts on additional measures on and violate the principle of non-discrimination. [...] have border control as an objective, the amended Research from the EU Fundamental Rights Agency text introduces the possibility that these checks, has shown that people of colour and African descent which are based on general police information and are subject to discriminatory and arbitrary checks, the experience of competent authorities, have the regardless of citizenship or residence status. [...] term residence permits, family members of EU nationals, holders of long-stay visas and their family The procedure can only apply if the person is members and holders of short-stay visa, or people apprehended in the context of checks which entitled to vis-free travel if they have not exceeded involve the authorities of both member states in the 90  days  (rec.  27).  Beneficiaries  and  applicants . [...] Temporary closure of border crossing points in situations of so-called “instrumentalisatoin” Article 5(4), introduced in the amended SBC, allows Belarus. Recently, it has been codified into  Member States to temporarily close, or limit, the law in the context of the much-criticised opening  hours  of  specific  border  crossing  points,  EU Pact on Migration and Asylum, where in particular in situ. [...] This new provision would allow member The concept of “instrumentalisation” was states to further limit access to the first used in 2021 to justify the introduction  territory (already nearly impossible in of serious limitations to the right of asylum many situations) and undermines the and other fundamental rights in response internationally-recognised right to apply to the increase in people arri.