Article 38 — Committee procedure
Schengen Borders Code, Regulation (EU) 2016/399
What does SCHENGEN-BORDERS-CODE Article 38 say?
Short answer, straight from the official text
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
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.
Jump to a point: Point 1 · Point 2 · Point 3
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.
The same rule in other acts
These articles carry the same official heading. The wording is not identical; read each text at its own source.
- GDPR Article 93 — Committee procedure
- AI Act Article 98 — Committee procedure
- NIS2 Article 39 — Committee procedure
- DSA Article 88 — Committee procedure
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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