13.4.2006 Official Journal of the European Union L 105/1 I (Acts whose publication is obligatory) REGULATION (EC) No 562/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Articles 62(1) and (2)(a) thereof, Having regard to the proposal from the Commission, Acting in accordance with the procedure laid down in Article 251 of the Treaty (1), Whereas: 1 The adoption of measures under Article 62(1) of the Treaty with a view to ensuring the absence of any controls on per- sons crossing internal borders forms part of the Union’s objective of establishing an area without internal borders in which the free movement of persons is ensured, as set out in Article 14 of the Treaty. In accordance with Article 61 of the Treaty, the creation of an area in which persons may move freely is to be flanked by other measures. The common policy on the crossing of external borders, as provided for by Article 62(2) of the Treaty, is such a measure. The adoption of common measures on the crossing of internal borders by persons and border control at external borders should reflect the Schengen acquis incorporated in the European Union framework, and in particular the rel- evant provisions of the Convention implementing the Schengen Agreement of 14 June 1985 between the Gov- ernments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (3) and the Common Manual (3). (1) Opinion of the European Parliament of 23 June 2005 (not yet pub- lished in the Official Journal) and Council Decision of 21 February 2006. (3 OJ L 239, 22.9.2000, p. 19. Convention as last amended by Regula- tion (EC) No 1160/2005 of the European Parliament and of the Coun- cil (0] L 191, 22.7.2005, p. 18). (*) OJ C 313, 16.12.2002, p. 97. Common Manual as last amended by Council Regulation (EC) No 2133/2004 (OJ L 369, 16.12.2004, p. 5). S (6) As regards border control at external borders, the establish- ment of a ‘common corpus’ of legislation, particularly via consolidation and development of the acquis, is one of the fundamental components of the common policy on the management of the external borders, as defined in the Commission Communication of 7 May 2002 ‘Towards integrated management of the external borders of the Member States of the European Union’. This objective was included in the ‘Plan for the management of the external borders of the Member States of the European Union’, approved by the Council on 13 June 2002 and endorsed by the Seville European Council on 21 and 22 June 2002 and by the Thessaloniki European Council on 19 and 20 June 2003. The definition of common rules on the movement of per- sons across borders neither calls into question nor affects the rights of free movement enjoyed by Union citizens and members of their families and by third-country nationals and members of their families who, under agreements between the Community and its Member States, on the one hand, and those third countries, on the other hand, enjoy rights of free movement equivalent to those of Union citizens. Border control is in the interest not only of the Member State at whose external borders it is carried out but of all Member States which have abolished internal border con- trol. Border control should help to combat illegal immigra- tion and trafficking in human beings and to prevent any threat to the Member States’ internal security, public policy, public health and international relations. Border checks should be carried out in such a way as to fully respect human dignity. Border control should be car- ried out in a professional and respectful manner and be proportionate to the objectives pursued. Border control comprises not only checks on persons at border crossing points and surveillance between these bor- der crossing points, but also an analysis of the risks for internal security and analysis of the threats that may affect the security of external borders. It is therefore necessary to lay down the conditions, criteria and detailed rules govern- ing checks at border crossing points and surveillance.