In its report on the application of the Schengen Border Code concerning the internal borders, the Commission points to three specific issues of concern: difficulties linked to alleged regular and systematic checks in certain internal border zones; maintenance of obstacles to fluid traffic flow at road crossing-points at internal borders; and delays in the notification of planned reintroduction of internal borders controls.

The Commission is concerned by the difficulties reported by travellers in connection with alleged regular and systematic checks carried out in certain internal border zones. Although the Schengen Agreement means that individuals, irrespective of their nationality, can cross internal borders at any point without being subject to border checks, checks on people under the exercise of police powers by the competent authorities of the Member States are still allowed throughout the territory. These checks, including in border areas, can be made insofar as the exercise of those powers does not have an effect which is the equivalent of border checks.

To adequately monitor this situation and to address the concerns of the citizens, the Commission considers that more information from Member States is needed on how often and why they carry out checks in the internal border zones.

For that reason, the Commission is assessing complaints and addressing Member States to obtain explanations. If the explanations are not satisfactory, the Commission will use all available means to ensure the correct application of Union law. The Commission will also request Member States to provide statistics on police checks carried out within their territories and in particular in the internal border zones.

The Commission also notes that at road crossing-points at internal borders large scale infrastructure is still being maintained, frequently accompanied by significant speed limits. The Commission is of the opinion that the Member States must remove all these obstacles to facilitate traffic flow, and in particular any speed limits not exclusively based on road-safety considerations.

Also, in regard to the fact that the Schengen Borders Code allows the temporary reintroduction of border control at internal borders, the Commission insists on timely notification of any planned reintroduction of internal border controls. The Commission also requests Member States to provide detailed information in order to allow the Commission, when necessary, to give its opinion, and to proceed to formal consultations between Member States and the Commission.

Finally, in its proposal on the revised Schengen evaluation mechanism, the Commission will envisage carrying out unannounced on-site visits to verify the absence of checks at internal borders.