Around half of the EU Member States have a border procedure. Procedures differ between countries, including whether or not asylum seekers are placed in detention and for how long. From 12 June 2026, when the new Migration Pact comes into effect, all EU Member States must have a border procedure in place.
EMN inform, two-pager EMN NL | Border procedures
Migration pact requires border procedures: half of EU Member States have them, but differences remain significant
12 February 2026
> Read the full EMN inform (comparison between 25 countries*) and the EMN Netherlands two-pager
When someone applies for international protection at the external border of the European Union, at international airports or sea ports, a Member State may choose to process the application in the border procedure. This is a fast procedure that, as prescribed by EU regulations (2023/32/EU), may last up to 12 weeks. The main difference from a regular asylum procedure is that the individual is not allowed to enter the EU territory and may temporarily have their freedom restricted or revoked during the border procedure.
Border procedure mandatory under migration pact
With the new EU pact on migration and asylum, a uniform asylum procedure will be introduced for asylum seekers coming to the EU. Having a border procedure will then become mandatory. Therefore, all EU Member States must have a border procedure in place by 12 June 2026 and sufficient capacity to process asylum applications at the borders (EU Regulation 2024/1348). New EMN research, The asylum procedure at the border: implementing the new Pact on Migration and Asylum, maps out whether countries already have a border procedure and what the similarities and differences are between them.
Half of EU Member States already have a border procedure
The Netherlands and 12 other EU Member States (AT, BE, CZ, DE, EL, ES, FI, FR, IT, LT, LV, PT) already have a border procedure. The Netherlands, Germany, Austria, and the Czech Republic do not share a border with an EU country and apply the border procedure only at airports. The Netherlands also applies the border procedure at seaports.
Twelve EU Member States (BG, CY, EE, HR, HU, IE, LU, MT, PL, SE, SI, SK) do not yet have a border procedure. In most of these countries, an asylum application can be submitted to border control or the police. They then refer the asylum seeker to the competent authority. Usually, the application will then enter the regular asylum procedure.
Detention and other freedom restrictions
The Netherlands and 11 other EU Member States (AT, BE, CZ, DE, ES, FI, FR, IT, LT, LV, PT) apply detention in the border procedure. The applicant is detained in the Netherlands and 7 other countries (BE, CZ, ES, IT, LT, LV, PT) for the duration of the border procedure. In the Netherlands, this takes place in the detention centre at Schiphol Airport.
Austria, Germany, Finland, France, and Greece do not detain asylum seekers in the border procedure. In Austria and Finland, these applicants are placed in an asylum seeker centre, which they are not allowed to leave. In Germany and France, asylum seekers in the border procedure are not allowed to leave the airport building. They stay in designated waiting areas.
If someone applies for asylum on one of the Greek islands, they are not allowed to leave the island in question. The asylum seeker stays in an open reception centre, where they are allowed to come and go. Sometimes, there is a curfew.
Member States comply with maximum time limits
Countries must decide more quickly on the application in a border procedure so that asylum seekers are detained for as little time as possible. According to European rules, the border procedure may last up to 12 weeks. All EU Member States with a border procedure adhere to this time limit. In the Netherlands, Croatia, Finland, Greece, Hungary, Belgium, and the Czech Republic, the time limit is 4 weeks. Most other countries have a shorter time limit.
If the time limit expires and no decision has been made on the asylum application, the border procedure ends in the Netherlands, and the asylum application will continue in the regular asylum procedure. This means the border procedure and detention are terminated. Seven other countries (BE, CZ, DE, EL, FI, HU, PT) follow the same procedure.
