Article 9 — Relaxation of border checks
Schengen Borders Code, Regulation (EU) 2016/399
What does SCHENGEN-BORDERS-CODE Article 9 say?
Short answer, straight from the official text
1. Border checks at external borders may be relaxed as a result of exceptional and unforeseen circumstances. Such exceptional and unforeseen circumstances shall be deemed to be those where unforeseeable events lead to traffic of such intensity that the waiting time at the border crossing point becomes excessive, and all …
Source: Schengen Borders Code, Regulation (EU) 2016/399, read 2026-10-13.
| In the act | EU 2016/399 |
| CELEX | 32016R0399 |
| Read on | 2026-10-13 |
Official text
Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.
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1. Border checks at external borders may be relaxed as a result of exceptional and unforeseen circumstances. Such exceptional and unforeseen circumstances shall be deemed to be those where unforeseeable events lead to traffic of such intensity that the waiting time at the border crossing point becomes excessive, and all resources have been exhausted as regards staff, facilities and organisation.
2. Where border checks are relaxed in accordance with paragraph 1, border checks on entry movements shall in principle take priority over border checks on exit movements.
The decision to relax checks shall be taken by the border guard in command at the border crossing point.
Such relaxation of checks shall be temporary, adapted to the circumstances justifying it and introduced gradually.
3. Even in the event that checks are relaxed, the border guard shall stamp the travel documents of third-country nationals both on entry and exit, in accordance with Article 11.
4. Each Member State shall transmit once a year a report on the application of this Article to the European Parliament and the Commission.
The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.
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