Source: European Parliament
The Commission was not informed of this specific incident.
Annex VI of the Schengen Borders Code[1] provides clear provisions on the procedures for checks in aerodromes. All persons must be checked in accordance with the rules on border checks at airports, including where the airport does not hold the status of international airport under the relevant national law.
When the volume of traffic is low, border guards do not need to be present at all times, provided that they can be deployed in good time, in which case the manager of the aerodrome must give adequate notice to the border guards about the arrival and departure of aircrafts on flights from or to third countries.
The Commission monitors the correct application of the Schengen acquis in the Member States, including the rules on the management of the external (air) borders through the Schengen Monitoring and Evaluation Mechanism[2].
Spain was evaluated in 2022 and is in the process of implementing the action plan to address the deficiencies which were identified.
- [1] 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), OJ L 77, pp.1-52, as amended by Regulation (EU) 2024/1717.
- [2] Council Regulation (EU) 2022/922 of 9 June 2022 on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, OJ L 160, pp. 1-27.