Schengen Area
Encyclopedia
The Schengen Area comprises the territories of twenty-five European countries that have implemented the Schengen Agreement
signed in the town of Schengen, Luxembourg, in 1985. The Schengen Area operates very much like a single state for international travel with border controls for those travelling in and out of the area, but with no internal border controls.
The Schengen rules were absorbed into European Union law
by the Amsterdam Treaty
in 1999, although the area officially includes three non-EU member states
—Iceland
, Norway
, Switzerland
—and de facto includes three European micro-states—Monaco
, San Marino
, and the Vatican
. All but two EU member states—Ireland
and the United Kingdom
—are required to implement Schengen and, with the exceptions of Bulgaria
, Cyprus
, and Romania
, have already done so. The area currently covers a population of over 400 million people and an area of 4312099 square kilometres (1,664,911 sq mi).
Implementing the Schengen rules involves eliminating border controls with other Schengen members while simultaneously strengthening border controls with non-member states. The rules include provisions on a common policy on the temporary entry of persons (including the Schengen visa), the harmonisation of external border controls, and cross-border police and judicial co-operation.
Whether a passport or an EU approved national identity card is required for identity checks done at airports, hotels, or by police, depends on national rules and varies between countries. Occasionally, regular border controls are used between Schengen countries.
in 1997, EU leaders agreed to bring the Schengen Agreement, Convention and the rules created under them into the main body of EU law, the acquis communautaire; thus bringing a project which had developed outside the framework of the EU into the EU mainstream. This duly happened with the entrance into force of the Amsterdam Treaty in 1999.
(EU). Two of the non-EU members, Iceland and Norway, are part of the Nordic Passport Union
and are officially classified as states associated with the Schengen activities of the EU. The third, Switzerland was subsequently allowed to participate in the same manner in 2008, becoming the Schengen Area's newest member. De facto, the Schengen Area also includes several microstates that maintain open or semi-open borders with Schengen countries. Two EU members—Ireland and the United Kingdom—negotiated opt-outs from Schengen and continue to operate systematic border controls between themselves and other EU member states.
Before fully implementing the Schengen rules, each state needs to have its preparedness assessed in four areas: air borders
, visa
s, police cooperation, and personal data protection. This evaluation process involves a questionnaire and visits by EU experts to selected institutions and workplaces in the country under assessment.
a. States outside the EU that are associated with the Schengen activities of the EU, and where the Schengen rules apply.
b. For overland borders and seaport
s; since 30 March 2008 also for airports.
c. East Germany became part of the Federal Republic of Germany, joining Schengen, on 3 October 1990. Before this it remained outside the agreement. Despite some media reports, Heligoland
is not outside Schengen; it is only outside the European Union Value Added Tax Area
.
d. Greenland and the Faroe Islands are not included in the Schengen area, although there might be relaxed checks in the Faroe Islands for flights from Scandinavia, thanks to the Nordic Passport Union
, although a passport is still recommended. A Schengen visa issued by a Schengen state will not allow the holder access to either territories, only a Danish visa stamped with either "Valid for the Faroe Islands" or "Valid for Greenland", or both.
e. However, Jan Mayen
is part of the Schengen Area.
f. The full Schengen acquis applies to all Spanish territories, but there are border checks on departure from Ceuta and Melilla to Spain or other Schengen countries, because of specific arrangements for visa exemptions for Moroccan nationals resident in the provinces of Tetuan and Nador
.
. According to Cypriot Minister of Foreign Affairs Giorgos Lillikas, "strict and full control based on Schengen will create a huge tribulation on a daily basis for the Turkish Cypriots", and it is unclear if this control is possible before the resolution of the dispute. The Sovereign Base Areas
, which are outside the EU, will also need "other handling and mechanisms". no date has been fixed for implementation of the Schengen rules by Cyprus.
Bulgaria and Romania's bid to join the Schengen Area was approved by the European Parliament
in June 2011 but was rejected by the Council of Ministers in September 2011, with the Dutch and Finnish governments citing concerns about shortcomings in anti-corruption measures and in the fight against organised crime. Concern has also been expressed about the potential influx of illegal immigrants from Turkey through Bulgaria and Romania to Schengen countries. Most probably, the accession of the two countries will be carried out in two stages – the Schengen Area will open its air and sea borders for Bulgaria and Romania in March 2012, and the land borders should be opened in July 2012. This deal is pending ratification by the European Council on the recommendation of its President Herman van Rompuy.
Liechtenstein signed a Schengen association agreement with the European Union on 28 February 2008, and originally planned to join the Schengen Area on 1 November 2009. However ratification was initially delayed at the behest of Sweden and Germany who felt that Liechtenstein had not done enough to fight tax evasion, the Council of Ministers eventually consented to the ratification of the protocol on 7 March 2011, with the protocol entering into force a month later. Liechtenstein is now due to join the Schengen Area by the end of 2011.
a. Whilst staying outside the EU Liechtenstein will be a state associated with the Schengen activities of the EU, and one where the Schengen rules apply.
The French overseas departments of French Guiana
, Guadeloupe
, Martinique
and Réunion
, and the overseas collectivities of Saint Barthélemy
and Saint Martin are part of the European Union
but do not form part of the Schengen Area. The EU's freedom of movement provisions
apply, but each territory operates their own visa regime for non-European Economic Area
(EEA), non-Swiss nationals. While a visa valid for one of these territories will be valid for all, visa exemption lists differ. A Schengen visa, even one issued by France, is not valid for these territories. A visa for Sint Maarten (which is valid for travelling to the Dutch side of the island of Saint Martin
), is also valid for the French side. France also has several territories which are neither part of the EU nor the Schengen Area. These are: French Polynesia
, French Southern and Antarctic Lands, Mayotte
, New Caledonia
, Saint-Pierre and Miquelon
, and Wallis and Futuna
.
Only the European territory of the Netherlands is part of the Schengen Area. Six Dutch territories in the Caribbean
are outside the Area. Three of these territories—Bonaire, Sint Eustatius and Saba (collectively known as the BES islands
)—are special municipalities within the Netherlands proper. The other three—Aruba
, Curaçao
and Sint Maarten—are autonomous countries within the Kingdom of the Netherlands. All islands retain their status as Overseas countries and territories and are thus not part of the European Union
. The six territories have a separate visa system from the European part of the Netherlands and people travelling between these islands and the Schengen Area are subjected to systematic identity checks.
Svalbard
is part of Norway and has a special status under international law
. It is not part of the Schengen Area. There is no visa regime in existence for Svalbard either for entry, residence or work, although it is difficult to visit Svalbard without travelling through the Schengen Area, although there are charter flights from Russia. In 2011 the Norwegian government imposed identity checks on individuals wishing to enter and leave Svalbard, with the border between Svalbard and the rest of Norway being treated as an external Schengen border. A Schengen visa must be multiple entry to allow returning to Norway. There is no welfare or asylum system for immigrants on Svalbard, and people incapable of supporting themselves may be sent away.
The Danish territories of the Faroe Islands
and Greenland
are neither part of the European Union nor the Schengen Area, though the Faroes are part of the Nordic Passport Union
. Visas to Denmark are not automatically valid in the Faroe Islands and Greenland. A passport or an acceptable identity card must be brought and is needed both for the identity check at boarding and for the check at the arrival airport.
with an open land border between them.
The UK declined to join Schengen Convention elements related to passport control, one argument being that, for an island, frontier controls are a better and less intrusive way to prevent illegal immigration than other measures, such as identity cards, residence permits, and registration with the police, which are appropriate for countries with "extensive and permeable land borders". Ireland does not share Britain's view that free movement without border checks should apply only to EU citizens, but has not signed the Schengen Implementation Convention because it "would not be in the interest of Ireland to have a situation where the common travel area with Britain would be ended and Ireland would impose both exit and entry controls on persons travelling between here and Britain and, in addition, on the land frontier".
When Schengen was subsumed into the EU by the Treaty of Amsterdam
, Ireland and the UK obtained an opt-out
from the part of the treaty which was to incorporate the Schengen rules (or acquis) into EU Law. Under the relevant protocol, Ireland and the United Kingdom may request to participate in aspects of the Schengen acquis but this is subject to the approval of the Schengen states.
The UK formally requested to participate in certain provisions of the Schengen acquis—Title III relating to Police Security and Judicial Cooperation—in 1999, and this request was approved by the Council of the European Union
on 29 May 2000. The United Kingdom's formal participation in the previously approved areas of cooperation was put into effect by a 2004 Council decision that came into effect on 1 January 2005.
In contrast while Ireland initially submitted a request to participate in the Schengen acquis in 2002, which was approved by the Council of the European Union, that decision has not yet been put into effect. In February 2010 the Irish Minister for Justice, in response to a parliamentary question, said that: "[t]he measures which will enable Ireland to meet its Schengen requirements are currently being progressed".
A previous 1999 report by the European Union Select Committee
of the House of Lords
recommended "full United Kingdom participation" in all the various four Titles of the Schengen Implementing Convention.
and the Vatican City
are both landlocked states surrounded by Italy
. As they both have open borders, they can be considered as being de facto parts of the Schengen Area. San Marino and Vatican City can't do border check for arrivals from outside Schengen, but that is not needed since neither of them have any airports or seaports.
Border controls remain on Andorra
's borders with both France and Spain. Citizens of EU countries require either their national identity cards or passports to enter Andorra, while anyone else requires a passport or equivalent. Those travellers who need a visa to enter the Schengen Area need a multiple-entry visa to visit Andorra, because entering Andorra means leaving the Schengen Area.
Liechtenstein is due to join the Schengen Area in late 2011 (please see the "Prospective section" above). Until Liechtenstein joins the Schengen Area, however, Liechtenstein's only border crossing with Austria is still the subject of systematic border controls. In contrast Liechtenstein's borders with Switzerland are only subject to video surveillance in a measure the Liechtenstein government have described as a "pragmatic interim solution" in order to prevent the re-establishment of controls along a border which has been open since 1923. Liechtenstein has also arranged for Schengen visas to be issued free of charge to resident foreigners who would otherwise have needed to pay for a visa to leave the principality.
Liechtenstein's only airport is a small heliport at Balzers
in the south of the principality. The Liechtenstein government has prohibited any direct flights to or from anywhere outside the Schengen Area, in order to ensure that Liechtenstein has no external Schengen borders and could not constitute an immigration risk to the Schengen Area.
Monaco
has an open border with France. Schengen laws are administered as if it were a part of France, and French and Monégasque authorities carry out checks at Monaco's seaport.
San Marino
has an open border with Italy, although some random checks are made by Carabinieri
, Guardia di Finanza
and San Marino's Guardia di Rocca.
The Vatican City
has an open border with Italy. The microstate has shown an interest in joining the Schengen agreement for closer cooperation in information sharing and similar activities covered by the Schengen Information System
.
, most borders in Western Europe were patrolled and a vast network of border posts existed around the continent, to check the identity and entitlement of people wishing to travel from one country to another.
Since the implementation of the Schengen rules, border posts have been closed (and often entirely removed) between participating countries. The Schengen Borders Code requires participating states to remove all obstacles to free traffic flow at internal borders. Thus, road, rail and air passengers no longer have their identity checked by border guards when crossing borders, although security controls by carriers are still permissible.
A Schengen state is permitted to reinstate border controls for a short period where there is a serious threat to that state's "public policy or internal security." When such risk arise out of foreseeable events, the state in question must notify the European Commission in advance and consult with other Schengen states. In April 2010 Malta introduced temporary checks due to Pope Benedict XVI's
visit.
When travelling by air between Schengen countries or within a single Schengen country, some airlines request identification (usually a passport
or a national ID card
) at the airport check-in counters or when boarding. However, this practice is not a form of an official border control, but is used to establish the identity of the passengers.
According to the Schengen rules, hotels and other types of commercial accommodation must register all foreign citizens, including citizens of other Schengen states, by requiring the completion of a registration form by their own hand. This does not apply to accompanying spouses and minor children or members of travel groups. In addition, a valid identification document has to be produced to the hotel manager or staff. The Schengen rules do not require any other procedures; thus, the Schengen states are free to regulate further details on the content of the registration forms, and identity documents which are to be produced, and may also require the persons exempted from registration by Schengen laws to be registered. Enforcement of these rules varies by country.
The European Union
constitutes a customs union
and a Value Added Tax area
. The effect of these provisions is to prohibit systematic tax, customs controls or any administrative processing of goods at borders between EU member states. In consequence the borders between EU, Schengen states have become largely invisible. However not all Schengen states or all of the territory of Schengen states are part of the customs union or VAT area, so some controls on goods entering or leaving the customs union and/or VAT area are inevitable. In order to avoid customs controls becoming the new passport controls on internal Schengen borders, the Schengen Borders Code prohibits systematic customs and tax controls.
EU Commissioner for Home Affairs Cecilia Malmström
wrote in her blog in May 2011 that the Danish measures could be in breach of EU law. In July 2011, Malmström blogged as follows: "We are currently assessing all the information submitted by Denmark concerning their plans to reinforce customs controls at the borders. But the final decision on whether the Danish rules are in line with EU law will also depend on how they are put in practice. This is why, in agreement with the Danish authorities, I have today decided to send Commission experts to Denmark tomorrow to asses [sic] how the measures have been implemented." Later in July 2011, Malmström expressed her concern that the mission of experts "did not give us the clarifications we were hoping for."
In October 2011, the newly elected government of Helle Thorning-Schmidt
(Socialist Party) abolished her predecessors border control plan and reintroduced normal Schengen procedure.
of 2010–11, the government of Italy gave six-month residence permits to some 25,000 Tunisian migrants. This allowed the migrants to travel freely in the Schengen Area. In response, both France and Germany threatened to impose border checks, not wanting the Tunisian refugees to enter their territory. In April 2011, for several hours, France blocked trains carrying the migrants at the French/Italian border at Ventimiglia
.
At the request of France, in May 2011 the European Commissioner for Home Affairs, Cecilia Malmström
proposed that more latitude would be available for the temporary re-establishment of border control in the case of strong and unexpected migratory pressure, or the failure of a state to protect the external borders of the EU.
On 25 July 2011, in delivering the European Commission's final assessment on the measures taken by Italy and France, the Home Affairs Commissioner said, "[f]rom a formal point of view steps taken by Italian and French authorities have been in compliance with EU law. However, I regret that the spirit of the Schengen rules has not been fully respected." Ms. Malmström also called for a more coherent interpretation of the Schengen rules and a stronger evaluation and monitoring system for the Schengen Area.
The European Commission is expected to unveil revised rules governing the possible temporary re-establishment of internal border controls in September 2011.
agency, and subject to common rules. The details of border controls, surveillance and the conditions under which permission to enter into the Schengen Area may be granted are exhaustively detailed in the Schengen Borders Code.
All persons crossing external borders—inbound or outbound—have to be subject to at least a minimum check, although travellers who do not enjoy the Community right of free movement must, in general, be subject to a thorough check.
A minimum check consists of a "rapid" and "straightforward" verification of a traveller's travel documents, where appropriate by using technical devices and by consulting databases on lost and stolen documents, to ensure that they are valid and have not been forged. On a strictly "non-systematic basis", border guards are allowed to consult national and European databases (e.g. the Schengen Information System
) to see if a person who can benefit from the Community right of free movement poses a genuine, present and sufficiently serious threat to the internal security, public policy, international relations of the Member States or a threat to public health.
A thorough check involves, in addition to the procedures of a minimum check, an examination of entry and exit stamps in the travel document of the third-country national to verify that the person has not already exceeded the maximum duration of authorised stay in the Schengen Area, verification of the length and purpose of stay in the Schengen Area (if necessary looking at supporting documents in the traveller's possession), a check that the traveller has the appropriate visa or residence permit if required and a systematic consultation of national and European databases (e.g. SIS
) to ensure that no alert has been issued for the traveller (e.g. an arrest warrant had been issued by a EU or Schengen state).
External border controls are located at roads crossing a border, at airports, at seaports and on board trains. Usually, there is no fence along the land border, but there are exceptions like the Ceuta border fence
. However, surveillance camera systems, some equipped with infrared technology, are located at some more critical spots, for example at the border between Slovakia
and the Ukraine
, where at some points there is a camera every 186 metres (203.4 yd). Along the southern coast of the Schengen countries, coast guards make a substantial effort to prevent private boats from entering without permission.
The Schengen rules require that all passenger carriers across the Schengen external border must check, before boarding, if the passenger has the travel document and visa required for entry. This is to prevent persons from applying for asylum
at the passport control after landing within the Schengen Area.
holder) which require a visa for a short-term stay (the Annex I list) and a list which do not (the Annex II list).
Being listed in the visa-free list will sometimes but not always exempt the listed nationality or class from the requirement to obtain a work permit if they wish to take up employment or self-employed activity during their stay; business trips are not normally considered employment in this sense. Schengen states may establish, with respect to entries and stays in their own territory, additional visa requirements or waivers for persons holding diplomatic, official, or other special passports.
The uniform visa—or Schengen visa—is granted in the form of a sticker affixed by a Member State onto a passport, travel document or another valid document which entitles the holder to cross the border.
Short stay and transit visas are currently granted in the following categories:
The requirements for entry are as follows:
Border guards are required to stamp
the travel documents of third-country nationals when they cross external borders at all times, even in extraordinary and unforeseen circumstances, including when checks are relaxed. However, nationals of Andorra, Monaco and San Marino are exempt from this requirement, as are heads of state, whose visit what announced through diplomatic channels, and those enjoying the benefit of a local border traffic regime. Certain exemptions also apply to the crews of ships and aircraft.
The holder of a long-stay visa or a residence permit is entitled to move freely within the other state which comprise the Schengen Area for a period of up to three months in any half year. Third-country nationals who are long-term residents in a Schengen state may also acquire the right to move to and settle in another Schengen state without losing their legal status and social benefits.
However, some third-country nationals are permitted to stay in the Schengen Area for more than three months without the need to apply for a long-stay visa. Article 20(2) of the Convention implementing the Schengen Agreement allows for this 'in exceptional circumstances' and for bilateral agreements concluded by individual signatory states with other countries before the Convention entered into force to remain applicable. As a result, for example, New Zealand citizens
are permitted to stay for up to 90 days in each of the Schengen countries (Austria
, Belgium
, Czech Republic
, Denmark
, Finland
, France
, Germany
, Greece
, Iceland
, Italy
, Luxembourg
, The Netherlands, Norway
, Portugal
, Spain
, Sweden
and Switzerland
) which had already concluded bilateral visa exemption agreements with the New Zealand Government prior to the Convention entering into force without the need to apply for long-stay visas, but if travelling to other Schengen countries the 90 days in a 180 day period time limit applies.
who hold a valid residence card of their EEA host country and wish to visit any other EEA member state for a short stay up to 90 days. This is implied in Directive 2004/38/EC
, Article 5(2) provided that they travel together with the EEA national or join their spouse/partner at a later date (Article 6(2)). Some member states (as at September 2009), however, do not follow the Directive in this respect to the effect that non-EEA family members living in non-Schengen EU countries may still face difficulties (denial of boarding the vessel by the transport company, denial to enter by border police) when travelling to certain Schengen countries with their residence card alone. Likewise non-Schengen member EU countries may deny entry to Schengen residence card holders without an additional visa.
Permits are issued with a validity period of between one to five years and allow for a stay within the Schengen side of the border area of up to three months. Permits may only be issued to lawful residents of the border area who have been resident in the border area for a minimum of one year (or longer if specified by the bilateral agreement). Applicants for a permit have to show that they have legitimate reasons to cross frequently an external land border under the local border traffic regime. Schengen states must keep a central register of the permits issued and have to provide immediate access to the relevant data to other Schengen states.
Before the conclusion of an agreement with a neighbouring country, the Schengen state must receive approval from the European Commission
, which has to confirm that the draft agreement is in conformance with the Regulation. The agreement may only be concluded if the neighbouring state grants at least reciprocal rights to EEA and Swiss nationals resident in the Schengen side of the border area, and agrees to the repatriation of individuals found to be abusing the border agreement.
four local-traffic agreements have come into force. Three of them are Hungary-Ukraine in January 2008, Slovakia-Ukraine in September 2008 and Poland-Ukraine in July 2009. As an EU member, in anticipation of its admission into the Schengen Area, Romania has agreed an local-traffic agreement with Moldova which entered into force in October 2010.
Agreement between Poland and Belarus, Latvia and Belarus, Lithuania and Belarus, and Norway and Russia are due to enter into force in 2011.
Already late 2009, Norway began issuing one-year multiple-entry visas, without the usual requirement of having family or a business partner in Norway, called Pomor-Visas, to Russians from Murmansk Oblast, and later to those from Arkhangelsk Oblast.
(1527–1918) and Yugoslavia
(1918–1991). As Croatia is expected to join the EU by 2013, an interim solution, which received permission from the European Commission
, was found: every Croatian citizen is allowed to cross the Schengen border into Hungary, Italy or Slovenia with an ID card and a special border card that is issued by Croatian police at border exit control. The police authorities of Hungary, Italy or Slovenia will then stamp the special border card both on entry and exit. Croatian citizens, however, are not allowed to enter any other Schengen agreement countries without a valid passport, although they are allowed to travel between Hungary, Italy and Slovenia.
These arrangements will be discontinued if and when Croatia becomes an EU member state, which will allow its citizens to enter any member country using only an ID card. As of June 2011, Croatia is implementing projects and reforms required to join the Schengen Area by 2015.
Citizens of Kosovo holding Kosovo passports as well as people living in Kosovo holding the biometric Serbian passport still need a visa to travel to the EU. Serbia created the Serbian Coordination Directorate
to facilitate this process. However, a visa liberalisation road-map for Kosovo is expected to be announced and negotiated in the near future.
Visa liberalisation negotiations between the EU and the Western Balkans (excluding Croatia and Kosovo) were launched in the first half of 2008, and ended in 2009 (for Macedonia, Montenegro, and Serbia) and 2010 (for Albania and Bosnia and Herzegovina). Before visas were fully abolished, the Western Balkan countries (Albania, Bosnia and Herzegovina, Macedonia, Montenegro, and Serbia) had signed "visa facilitation agreements" with the Schengen states in 2008. The visa facilitation agreements were, at the time, supposed to shorten waiting periods, lower visa fees (including free visas for certain categories of travellers), and reduce paperwork. In practice, however, the new procedures turned out to be longer, more cumbersome, more expensive, and many people complained that it was easier to obtain visas before the facilitation agreements entered into force.
. This means that potentially problematic persons cannot 'disappear' simply by moving from one Schengen country to another.
With respect to actions which imply constraint or the presence of police officers of a Schengen State in another Schengen State, specific rules apply, based on agreements between the pairs of neighbour states.
also allow for the ad hoc conferment of police powers to the police officers of other EU member states.
In Articles 54 to 58 of the Schengen Convention, detailed rules concerning the application of the principle that no person may be sentenced twice for the same criminal offence in the Schengen States are laid down. Articles 59 to 69 of the Schengen Convention contain rules concerning extradition between Schengen States and the enforcement of prison sentences which were handed down in one state in a different state.
has been inserted in the Treaty establishing the European Community through Article 2, point 15 of the Treaty of Amsterdam. This inserted a new title named "Visas, asylum, immigration and other policies related to free movement of persons" into the treaty, currently numbered as Title IV, and comprising articles 61 to 69. The Treaty of Lisbon
substantially amends the provisions of the articles in the title, renames the title to "Area of freedom, security and justice
" and divides it into five chapters, called "General provisions", "Policies on border checks, asylum and immigration", "Judicial cooperation in civil matters", "Judicial cooperation in criminal matters", and "Police cooperation".
On being incorporated into the main body of European Union law
by the Amsterdam Treaty
, the Schengen Agreement and Convention were published in the Official Journal of the European Communities by a decision of the Council of Ministers. As a result the Agreement and Convention can be amended by regulations.
European Union Regulations
Schengen Agreement
The Schengen Agreement is a treaty signed on 14 June 1985 near the town of Schengen in Luxembourg, between five of the ten member states of the European Economic Community. It was supplemented by the Convention implementing the Schengen Agreement 5 years later...
signed in the town of Schengen, Luxembourg, in 1985. The Schengen Area operates very much like a single state for international travel with border controls for those travelling in and out of the area, but with no internal border controls.
The Schengen rules were absorbed into European Union law
European Union law
European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
by the Amsterdam Treaty
Amsterdam Treaty
The Amsterdam Treaty, officially the Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Maastricht Treaty,...
in 1999, although the area officially includes three non-EU member states
Member State of the European Union
A member state of the European Union is a state that is party to treaties of the European Union and has thereby undertaken the privileges and obligations that EU membership entails. Unlike membership of an international organisation, being an EU member state places a country under binding laws in...
—Iceland
Iceland
Iceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...
, Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
, Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
—and de facto includes three European micro-states—Monaco
Monaco
Monaco , officially the Principality of Monaco , is a sovereign city state on the French Riviera. It is bordered on three sides by its neighbour, France, and its centre is about from Italy. Its area is with a population of 35,986 as of 2011 and is the most densely populated country in the...
, San Marino
San Marino
San Marino, officially the Republic of San Marino , is a state situated on the Italian Peninsula on the eastern side of the Apennine Mountains. It is an enclave surrounded by Italy. Its size is just over with an estimated population of over 30,000. Its capital is the City of San Marino...
, and the Vatican
Vatican City
Vatican City , or Vatican City State, in Italian officially Stato della Città del Vaticano , which translates literally as State of the City of the Vatican, is a landlocked sovereign city-state whose territory consists of a walled enclave within the city of Rome, Italy. It has an area of...
. All but two EU member states—Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
—are required to implement Schengen and, with the exceptions of Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
, Cyprus
Cyprus
Cyprus , officially the Republic of Cyprus , is a Eurasian island country, member of the European Union, in the Eastern Mediterranean, east of Greece, south of Turkey, west of Syria and north of Egypt. It is the third largest island in the Mediterranean Sea.The earliest known human activity on the...
, and Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
, have already done so. The area currently covers a population of over 400 million people and an area of 4312099 square kilometres (1,664,911 sq mi).
Implementing the Schengen rules involves eliminating border controls with other Schengen members while simultaneously strengthening border controls with non-member states. The rules include provisions on a common policy on the temporary entry of persons (including the Schengen visa), the harmonisation of external border controls, and cross-border police and judicial co-operation.
Whether a passport or an EU approved national identity card is required for identity checks done at airports, hotels, or by police, depends on national rules and varies between countries. Occasionally, regular border controls are used between Schengen countries.
History
The Schengen Area came in existence on 26 March 1995 when the Schengen Agreement along with its implementing convention was implemented by seven EU member states. During the negotiations which led up to the signing of the Amsterdam TreatyAmsterdam Treaty
The Amsterdam Treaty, officially the Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Maastricht Treaty,...
in 1997, EU leaders agreed to bring the Schengen Agreement, Convention and the rules created under them into the main body of EU law, the acquis communautaire; thus bringing a project which had developed outside the framework of the EU into the EU mainstream. This duly happened with the entrance into force of the Amsterdam Treaty in 1999.
Membership
The Schengen Area currently consists of twenty-five states, all but three of which are members of the European UnionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(EU). Two of the non-EU members, Iceland and Norway, are part of the Nordic Passport Union
Nordic Passport Union
The Nordic Passport Union allows citizens of the Nordic countries: Denmark , Sweden, Norway, Finland, and Iceland to travel and reside in other Nordic countries without a passport or a residence permit.- Establishment :...
and are officially classified as states associated with the Schengen activities of the EU. The third, Switzerland was subsequently allowed to participate in the same manner in 2008, becoming the Schengen Area's newest member. De facto, the Schengen Area also includes several microstates that maintain open or semi-open borders with Schengen countries. Two EU members—Ireland and the United Kingdom—negotiated opt-outs from Schengen and continue to operate systematic border controls between themselves and other EU member states.
Before fully implementing the Schengen rules, each state needs to have its preparedness assessed in four areas: air borders
Controlled airspace
Controlled airspace is an aviation term used to describe airspace in which ATChas the authority to control air traffic, the level of which varies with the different classes of airspace. Controlled airspace is established mainly for three different reasons:...
, visa
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
s, police cooperation, and personal data protection. This evaluation process involves a questionnaire and visits by EU experts to selected institutions and workplaces in the country under assessment.
Current
| Flag | State | Area (km²) |
Population |
Signed or opted in |
Date of first implementation |
|---|---|---|---|---|---|
 |
Austria Austria Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the... |
83,871 | 8,414,638 | ||
 |
Belgium Belgium Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many... |
30,528 | 11,007,020 | ||
 |
Czech Republic Czech Republic The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest.... |
78,866 | 10,535,811 | ||
 |
Denmark Denmark Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark... (excluding Greenland Greenland Greenland is an autonomous country within the Kingdom of Denmark, located between the Arctic and Atlantic Oceans, east of the Canadian Arctic Archipelago. Though physiographically a part of the continent of North America, Greenland has been politically and culturally associated with Europe for... and the Faroe Islands Faroe Islands The Faroe Islands are an island group situated between the Norwegian Sea and the North Atlantic Ocean, approximately halfway between Scotland and Iceland. The Faroe Islands are a self-governing territory within the Kingdom of Denmark, along with Denmark proper and Greenland... ) |
43,094 | 5,564,219 | ||
 |
Estonia Estonia Estonia , officially the Republic of Estonia , is a state in the Baltic region of Northern Europe. It is bordered to the north by the Gulf of Finland, to the west by the Baltic Sea, to the south by Latvia , and to the east by Lake Peipsi and the Russian Federation . Across the Baltic Sea lies... |
45,226 | 1,340,194 | ||
 |
Finland Finland Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside... |
338,145 | 5,391,700 | ||
 |
France France The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France... (excluding overseas departments and territories Overseas departments and territories of France The French Overseas Departments and Territories consist broadly of French-administered territories outside of the European continent. These territories have varying legal status and different levels of autonomy, although all have representation in the Parliament of France , and consequently the... ) |
674,843 | 65,821,885 | ||
 |
Germany Germany Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate... |
357,050 | 81,799,600 | ||
 |
Greece Greece Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe.... |
131,990 | 10,787,690 | ||
 |
Hungary Hungary Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The... |
93,030 | 9,979,000 | ||
 |
Iceland Iceland Iceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population... |
103,000 | 318,452 | ||
 |
Italy Italy Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and... |
301,318 | 60,681,514 | ||
 |
Latvia Latvia Latvia , officially the Republic of Latvia , is a country in the Baltic region of Northern Europe. It is bordered to the north by Estonia , to the south by Lithuania , to the east by the Russian Federation , to the southeast by Belarus and shares maritime borders to the west with Sweden... |
64,589 | 2,245,357 | ||
 |
Lithuania Lithuania Lithuania , officially the Republic of Lithuania is a country in Northern Europe, the biggest of the three Baltic states. It is situated along the southeastern shore of the Baltic Sea, whereby to the west lie Sweden and Denmark... |
65,303 | 3,207,060 | ||
 |
Luxembourg Luxembourg Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south... |
2,586 | 511,840 | ||
 |
Malta Malta Malta , officially known as the Republic of Malta , is a Southern European country consisting of an archipelago situated in the centre of the Mediterranean, south of Sicily, east of Tunisia and north of Libya, with Gibraltar to the west and Alexandria to the east.Malta covers just over in... |
316 | 417,608 | ||
 |
Netherlands Netherlands The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders... (excluding Aruba Aruba Aruba is a 33 km-long island of the Lesser Antilles in the southern Caribbean Sea, located 27 km north of the coast of Venezuela and 130 km east of Guajira Peninsula... , Curaçao Curaçao Curaçao is an island in the southern Caribbean Sea, off the Venezuelan coast. The Country of Curaçao , which includes the main island plus the small, uninhabited island of Klein Curaçao , is a constituent country of the Kingdom of the Netherlands... , Sint Maarten and the Caribbean Netherlands) |
41,526 | 16,703,700 | ||
 |
Norway Norway Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million... (excluding Svalbard Svalbard Svalbard is an archipelago in the Arctic, constituting the northernmost part of Norway. It is located north of mainland Europe, midway between mainland Norway and the North Pole. The group of islands range from 74° to 81° north latitude , and from 10° to 35° east longitude. Spitsbergen is the... ) |
385,155 | |||
 |
Poland Poland Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north... |
312,683 | 38,186,860 | ||
 |
Portugal Portugal Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the... |
92,391 | 10,647,763 | ||
 |
Slovakia Slovakia The Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south... |
49,037 | 5,440,078 | ||
 |
Slovenia Slovenia Slovenia , officially the Republic of Slovenia , is a country in Central and Southeastern Europe touching the Alps and bordering the Mediterranean. Slovenia borders Italy to the west, Croatia to the south and east, Hungary to the northeast, and Austria to the north, and also has a small portion of... |
20,273 | 2,048,951 | ||
 |
Spain Spain Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula... (excluding Ceuta Ceuta Ceuta is an autonomous city of Spain and an exclave located on the north coast of North Africa surrounded by Morocco. Separated from the Iberian peninsula by the Strait of Gibraltar, Ceuta lies on the border of the Mediterranean Sea and the Atlantic Ocean. Ceuta along with the other Spanish... and Melilla Melilla Melilla is a autonomous city of Spain and an exclave on the north coast of Morocco. Melilla, along with the Spanish exclave Ceuta, is one of the two Spanish territories located in mainland Africa... ) |
506,030 | 46,030,109 | ||
 |
Sweden Sweden Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund.... |
449,964 | 9,415,570 | ||
 |
Switzerland Switzerland Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition.... |
41,285 | 7,866,500 |
a. States outside the EU that are associated with the Schengen activities of the EU, and where the Schengen rules apply.
b. For overland borders and seaport
Port
A port is a location on a coast or shore containing one or more harbors where ships can dock and transfer people or cargo to or from land....
s; since 30 March 2008 also for airports.
c. East Germany became part of the Federal Republic of Germany, joining Schengen, on 3 October 1990. Before this it remained outside the agreement. Despite some media reports, Heligoland
Heligoland
Heligoland is a small German archipelago in the North Sea.Formerly Danish and British possessions, the islands are located in the Heligoland Bight in the south-eastern corner of the North Sea...
is not outside Schengen; it is only outside the European Union Value Added Tax Area
European Union Value Added Tax Area
The European Union value added tax area is a territory consisting of all European Union member states and certain other countries which follow the European Union's rules on value added tax . The principle is also valid for some special taxes on products like alcohol and tobacco.Goods are only...
.
d. Greenland and the Faroe Islands are not included in the Schengen area, although there might be relaxed checks in the Faroe Islands for flights from Scandinavia, thanks to the Nordic Passport Union
Nordic Passport Union
The Nordic Passport Union allows citizens of the Nordic countries: Denmark , Sweden, Norway, Finland, and Iceland to travel and reside in other Nordic countries without a passport or a residence permit.- Establishment :...
, although a passport is still recommended. A Schengen visa issued by a Schengen state will not allow the holder access to either territories, only a Danish visa stamped with either "Valid for the Faroe Islands" or "Valid for Greenland", or both.
e. However, Jan Mayen
Jan Mayen
Jan Mayen Island is a volcanic island in the Arctic Ocean and part of the Kingdom of Norway. It is long and 373 km2 in area, partly covered by glaciers . It has two parts: larger northeast Nord-Jan and smaller Sør-Jan, linked by an isthmus wide...
is part of the Schengen Area.
f. The full Schengen acquis applies to all Spanish territories, but there are border checks on departure from Ceuta and Melilla to Spain or other Schengen countries, because of specific arrangements for visa exemptions for Moroccan nationals resident in the provinces of Tetuan and Nador
Nador
Nador is a city located in the northeastern Rif region of Morocco. The city is a Mediterranean port on the Bḥar Ameẓẓyan lagoon , and it is the major trading center in the region for fish, fruit, and livestock...
.
Prospective
While Cyprus, which joined the EU in 2004, is legally bound to join the Schengen Area, implementation has been delayed because of the Cyprus disputeCyprus dispute
The Cyprus dispute is the result of the ongoing conflict between the Republic of Cyprus and Turkey, over the Turkish occupied northern part of Cyprus....
. According to Cypriot Minister of Foreign Affairs Giorgos Lillikas, "strict and full control based on Schengen will create a huge tribulation on a daily basis for the Turkish Cypriots", and it is unclear if this control is possible before the resolution of the dispute. The Sovereign Base Areas
Sovereign Base Areas
The Sovereign Base Areas are military bases located on territory in which the United Kingdom is sovereign, but which are separated from the ordinary British territory....
, which are outside the EU, will also need "other handling and mechanisms". no date has been fixed for implementation of the Schengen rules by Cyprus.
Bulgaria and Romania's bid to join the Schengen Area was approved by the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
in June 2011 but was rejected by the Council of Ministers in September 2011, with the Dutch and Finnish governments citing concerns about shortcomings in anti-corruption measures and in the fight against organised crime. Concern has also been expressed about the potential influx of illegal immigrants from Turkey through Bulgaria and Romania to Schengen countries. Most probably, the accession of the two countries will be carried out in two stages – the Schengen Area will open its air and sea borders for Bulgaria and Romania in March 2012, and the land borders should be opened in July 2012. This deal is pending ratification by the European Council on the recommendation of its President Herman van Rompuy.
Liechtenstein signed a Schengen association agreement with the European Union on 28 February 2008, and originally planned to join the Schengen Area on 1 November 2009. However ratification was initially delayed at the behest of Sweden and Germany who felt that Liechtenstein had not done enough to fight tax evasion, the Council of Ministers eventually consented to the ratification of the protocol on 7 March 2011, with the protocol entering into force a month later. Liechtenstein is now due to join the Schengen Area by the end of 2011.
| Flag | State | Area (km²) | Population | Signed or opted in | Prospective implementation date |
|---|---|---|---|---|---|
 |
Bulgaria Bulgaria Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east... |
110,912 | 7,364,570 | March 2012 for air and sea borders / July 2012 for land borders | |
 |
Cyprus Cyprus Cyprus , officially the Republic of Cyprus , is a Eurasian island country, member of the European Union, in the Eastern Mediterranean, east of Greece, south of Turkey, west of Syria and north of Egypt. It is the third largest island in the Mediterranean Sea.The earliest known human activity on the... |
9,251 | 803,147 | Partly dependent upon Cyprus dispute Cyprus dispute The Cyprus dispute is the result of the ongoing conflict between the Republic of Cyprus and Turkey, over the Turkish occupied northern part of Cyprus.... |
|
 |
Liechtenstein Liechtenstein The Principality of Liechtenstein is a doubly landlocked alpine country in Central Europe, bordered by Switzerland to the west and south and by Austria to the east. Its area is just over , and it has an estimated population of 35,000. Its capital is Vaduz. The biggest town is Schaan... |
160 | 36,010 | ||
 |
Romania Romania Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea... |
238,391 | 21,413,815 | March 2012 for air and sea borders / July 2012 for land borders |
a. Whilst staying outside the EU Liechtenstein will be a state associated with the Schengen activities of the EU, and one where the Schengen rules apply.
Territories of Schengen states outside the Area
There are territories of member states that are exempted from the Schengen Agreement and most of these are outside Europe (or remote islands in Europe).The French overseas departments of French Guiana
French Guiana
French Guiana is an overseas region of France, consisting of a single overseas department located on the northern Atlantic coast of South America. It has borders with two nations, Brazil to the east and south, and Suriname to the west...
, Guadeloupe
Guadeloupe
Guadeloupe is an archipelago located in the Leeward Islands, in the Lesser Antilles, with a land area of 1,628 square kilometres and a population of 400,000. It is the first overseas region of France, consisting of a single overseas department. As with the other overseas departments, Guadeloupe...
, Martinique
Martinique
Martinique is an island in the eastern Caribbean Sea, with a land area of . Like Guadeloupe, it is an overseas region of France, consisting of a single overseas department. To the northwest lies Dominica, to the south St Lucia, and to the southeast Barbados...
and Réunion
Réunion
Réunion is a French island with a population of about 800,000 located in the Indian Ocean, east of Madagascar, about south west of Mauritius, the nearest island.Administratively, Réunion is one of the overseas departments of France...
, and the overseas collectivities of Saint Barthélemy
Saint Barthélemy
Saint Barthélemy , officially the Territorial collectivity of Saint Barthélemy , is an overseas collectivity of France. Often abbreviated to Saint-Barth in French, or St. Barts in English, the indigenous people called the island Ouanalao...
and Saint Martin are part of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
but do not form part of the Schengen Area. The EU's freedom of movement provisions
Internal Market (European Union)
The European Union's Internal Market seeks to guarantee the free movement of goods, capital, services, and people – the EU's four freedoms – within the EU's 27 member states.The Internal Market is intended to be conducive to increased competition, increased specialisation, larger...
apply, but each territory operates their own visa regime for non-European Economic Area
European Economic Area
The European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...
(EEA), non-Swiss nationals. While a visa valid for one of these territories will be valid for all, visa exemption lists differ. A Schengen visa, even one issued by France, is not valid for these territories. A visa for Sint Maarten (which is valid for travelling to the Dutch side of the island of Saint Martin
Saint Martin
Saint Martin is an island in the northeast Caribbean, approximately east of Puerto Rico. The 87 km2 island is divided roughly 60/40 between France and the Kingdom of the Netherlands ; however, the Dutch side has the larger population. It is one of the smallest sea islands divided between...
), is also valid for the French side. France also has several territories which are neither part of the EU nor the Schengen Area. These are: French Polynesia
French Polynesia
French Polynesia is an overseas country of the French Republic . It is made up of several groups of Polynesian islands, the most famous island being Tahiti in the Society Islands group, which is also the most populous island and the seat of the capital of the territory...
, French Southern and Antarctic Lands, Mayotte
Mayotte
Mayotte is an overseas department and region of France consisting of a main island, Grande-Terre , a smaller island, Petite-Terre , and several islets around these two. The archipelago is located in the northern Mozambique Channel in the Indian Ocean, namely between northwestern Madagascar and...
, New Caledonia
New Caledonia
New Caledonia is a special collectivity of France located in the southwest Pacific Ocean, east of Australia and about from Metropolitan France. The archipelago, part of the Melanesia subregion, includes the main island of Grande Terre, the Loyalty Islands, the Belep archipelago, the Isle of...
, Saint-Pierre and Miquelon
Saint-Pierre and Miquelon
Saint Pierre and Miquelon is a self-governing territorial overseas collectivity of France. It is the only remnant of the former colonial empire of New France that remains under French control....
, and Wallis and Futuna
Wallis and Futuna
Wallis and Futuna, officially the Territory of the Wallis and Futuna Islands , is a Polynesian French island territory in the South Pacific between Tuvalu to the northwest, Rotuma of Fiji to the west, the main part of Fiji to the southwest, Tonga to the southeast,...
.
Only the European territory of the Netherlands is part of the Schengen Area. Six Dutch territories in the Caribbean
Caribbean
The Caribbean is a crescent-shaped group of islands more than 2,000 miles long separating the Gulf of Mexico and the Caribbean Sea, to the west and south, from the Atlantic Ocean, to the east and north...
are outside the Area. Three of these territories—Bonaire, Sint Eustatius and Saba (collectively known as the BES islands
BES islands
The Caribbean Netherlands collectively refers to the three special municipalities of the Netherlands that are located overseas, in the Caribbean: Bonaire, Sint Eustatius and Saba...
)—are special municipalities within the Netherlands proper. The other three—Aruba
Aruba
Aruba is a 33 km-long island of the Lesser Antilles in the southern Caribbean Sea, located 27 km north of the coast of Venezuela and 130 km east of Guajira Peninsula...
, Curaçao
Curaçao
Curaçao is an island in the southern Caribbean Sea, off the Venezuelan coast. The Country of Curaçao , which includes the main island plus the small, uninhabited island of Klein Curaçao , is a constituent country of the Kingdom of the Netherlands...
and Sint Maarten—are autonomous countries within the Kingdom of the Netherlands. All islands retain their status as Overseas countries and territories and are thus not part of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
. The six territories have a separate visa system from the European part of the Netherlands and people travelling between these islands and the Schengen Area are subjected to systematic identity checks.
Svalbard
Svalbard
Svalbard is an archipelago in the Arctic, constituting the northernmost part of Norway. It is located north of mainland Europe, midway between mainland Norway and the North Pole. The group of islands range from 74° to 81° north latitude , and from 10° to 35° east longitude. Spitsbergen is the...
is part of Norway and has a special status under international law
Svalbard Treaty
The Treaty between Norway, The United States of America, Denmark, France, Italy, Japan, the Netherlands, Great Britain and Ireland and the British overseas Dominions and Sweden concerning Spitsbergen signed in Paris 9th February 1920, commonly called the Svalbard Treaty or the Spitsbergen Treaty...
. It is not part of the Schengen Area. There is no visa regime in existence for Svalbard either for entry, residence or work, although it is difficult to visit Svalbard without travelling through the Schengen Area, although there are charter flights from Russia. In 2011 the Norwegian government imposed identity checks on individuals wishing to enter and leave Svalbard, with the border between Svalbard and the rest of Norway being treated as an external Schengen border. A Schengen visa must be multiple entry to allow returning to Norway. There is no welfare or asylum system for immigrants on Svalbard, and people incapable of supporting themselves may be sent away.
The Danish territories of the Faroe Islands
Faroe Islands
The Faroe Islands are an island group situated between the Norwegian Sea and the North Atlantic Ocean, approximately halfway between Scotland and Iceland. The Faroe Islands are a self-governing territory within the Kingdom of Denmark, along with Denmark proper and Greenland...
and Greenland
Greenland
Greenland is an autonomous country within the Kingdom of Denmark, located between the Arctic and Atlantic Oceans, east of the Canadian Arctic Archipelago. Though physiographically a part of the continent of North America, Greenland has been politically and culturally associated with Europe for...
are neither part of the European Union nor the Schengen Area, though the Faroes are part of the Nordic Passport Union
Nordic Passport Union
The Nordic Passport Union allows citizens of the Nordic countries: Denmark , Sweden, Norway, Finland, and Iceland to travel and reside in other Nordic countries without a passport or a residence permit.- Establishment :...
. Visas to Denmark are not automatically valid in the Faroe Islands and Greenland. A passport or an acceptable identity card must be brought and is needed both for the identity check at boarding and for the check at the arrival airport.
EU member states with opt-outs
Ireland and the United Kingdom were the only EU members which, prior to the 2004 enlargement, had not signed the Schengen Agreement. Both countries maintain a Common Travel AreaCommon Travel Area
The Common Travel Area is a passport-free zone that comprises the islands of Ireland, Great Britain, the Isle of Man and the Channel Islands. The area's internal borders are subject to minimal or non-existent border controls and can normally be crossed by Irish and British citizens with only...
with an open land border between them.
The UK declined to join Schengen Convention elements related to passport control, one argument being that, for an island, frontier controls are a better and less intrusive way to prevent illegal immigration than other measures, such as identity cards, residence permits, and registration with the police, which are appropriate for countries with "extensive and permeable land borders". Ireland does not share Britain's view that free movement without border checks should apply only to EU citizens, but has not signed the Schengen Implementation Convention because it "would not be in the interest of Ireland to have a situation where the common travel area with Britain would be ended and Ireland would impose both exit and entry controls on persons travelling between here and Britain and, in addition, on the land frontier".
When Schengen was subsumed into the EU by the Treaty of Amsterdam
Amsterdam Treaty
The Amsterdam Treaty, officially the Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Maastricht Treaty,...
, Ireland and the UK obtained an opt-out
Opt-outs in the European Union
In general, the law of the European Union is valid in all of the twenty-seven European Union member states. However, occasionally member states negotiate certain opt-outs from legislation or treaties of the European Union, meaning they do not have to participate in certain policy areas...
from the part of the treaty which was to incorporate the Schengen rules (or acquis) into EU Law. Under the relevant protocol, Ireland and the United Kingdom may request to participate in aspects of the Schengen acquis but this is subject to the approval of the Schengen states.
The UK formally requested to participate in certain provisions of the Schengen acquis—Title III relating to Police Security and Judicial Cooperation—in 1999, and this request was approved by the Council of the European Union
Council of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
on 29 May 2000. The United Kingdom's formal participation in the previously approved areas of cooperation was put into effect by a 2004 Council decision that came into effect on 1 January 2005.
In contrast while Ireland initially submitted a request to participate in the Schengen acquis in 2002, which was approved by the Council of the European Union, that decision has not yet been put into effect. In February 2010 the Irish Minister for Justice, in response to a parliamentary question, said that: "[t]he measures which will enable Ireland to meet its Schengen requirements are currently being progressed".
A previous 1999 report by the European Union Select Committee
Select Committee
A select committee is a committee made up of a small number of parliamentary members appointed to deal with particular areas or issues originating in the Westminster system of parliamentary democracy...
of the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
recommended "full United Kingdom participation" in all the various four Titles of the Schengen Implementing Convention.
Status of the European microstates
These microstates are not parties to the Schengen Agreement, cannot issue Schengen visas and, with the exception of Monaco, are not part of the Schengen Area. San MarinoSan Marino
San Marino, officially the Republic of San Marino , is a state situated on the Italian Peninsula on the eastern side of the Apennine Mountains. It is an enclave surrounded by Italy. Its size is just over with an estimated population of over 30,000. Its capital is the City of San Marino...
and the Vatican City
Vatican City
Vatican City , or Vatican City State, in Italian officially Stato della Città del Vaticano , which translates literally as State of the City of the Vatican, is a landlocked sovereign city-state whose territory consists of a walled enclave within the city of Rome, Italy. It has an area of...
are both landlocked states surrounded by Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
. As they both have open borders, they can be considered as being de facto parts of the Schengen Area. San Marino and Vatican City can't do border check for arrivals from outside Schengen, but that is not needed since neither of them have any airports or seaports.
Border controls remain on Andorra
Andorra
Andorra , officially the Principality of Andorra , also called the Principality of the Valleys of Andorra, , is a small landlocked country in southwestern Europe, located in the eastern Pyrenees mountains and bordered by Spain and France. It is the sixth smallest nation in Europe having an area of...
's borders with both France and Spain. Citizens of EU countries require either their national identity cards or passports to enter Andorra, while anyone else requires a passport or equivalent. Those travellers who need a visa to enter the Schengen Area need a multiple-entry visa to visit Andorra, because entering Andorra means leaving the Schengen Area.
Liechtenstein is due to join the Schengen Area in late 2011 (please see the "Prospective section" above). Until Liechtenstein joins the Schengen Area, however, Liechtenstein's only border crossing with Austria is still the subject of systematic border controls. In contrast Liechtenstein's borders with Switzerland are only subject to video surveillance in a measure the Liechtenstein government have described as a "pragmatic interim solution" in order to prevent the re-establishment of controls along a border which has been open since 1923. Liechtenstein has also arranged for Schengen visas to be issued free of charge to resident foreigners who would otherwise have needed to pay for a visa to leave the principality.
Liechtenstein's only airport is a small heliport at Balzers
Balzers
Balzers is a village and community located in southern Liechtenstein. As of the 2005 census, the community has a total population of 4,420. The main part of the village is situated along the east bank of the Rhine.- History and Culture :...
in the south of the principality. The Liechtenstein government has prohibited any direct flights to or from anywhere outside the Schengen Area, in order to ensure that Liechtenstein has no external Schengen borders and could not constitute an immigration risk to the Schengen Area.
Monaco
Monaco
Monaco , officially the Principality of Monaco , is a sovereign city state on the French Riviera. It is bordered on three sides by its neighbour, France, and its centre is about from Italy. Its area is with a population of 35,986 as of 2011 and is the most densely populated country in the...
has an open border with France. Schengen laws are administered as if it were a part of France, and French and Monégasque authorities carry out checks at Monaco's seaport.
San Marino
San Marino
San Marino, officially the Republic of San Marino , is a state situated on the Italian Peninsula on the eastern side of the Apennine Mountains. It is an enclave surrounded by Italy. Its size is just over with an estimated population of over 30,000. Its capital is the City of San Marino...
has an open border with Italy, although some random checks are made by Carabinieri
Carabinieri
The Carabinieri is the national gendarmerie of Italy, policing both military and civilian populations, and is a branch of the armed forces.-Early history:...
, Guardia di Finanza
Guardia di Finanza
The Guardia di Finanza is a Italian law enforcement agency under the authority of the Minister of Economy and Finance. Like the Carabinieri, it is part of the Italian Armed Forces. The Guard is essentially responsible for dealing with financial crime and smuggling; it has also evolved into Italy's...
and San Marino's Guardia di Rocca.
The Vatican City
Vatican City
Vatican City , or Vatican City State, in Italian officially Stato della Città del Vaticano , which translates literally as State of the City of the Vatican, is a landlocked sovereign city-state whose territory consists of a walled enclave within the city of Rome, Italy. It has an area of...
has an open border with Italy. The microstate has shown an interest in joining the Schengen agreement for closer cooperation in information sharing and similar activities covered by the Schengen Information System
Schengen Information System
The Schengen Information System , is a governmental database used by European countries to maintain and distribute information on individuals and pieces of property of interest. The intended uses of this system are for national security, border control and law enforcement purposes...
.
Regulation of internal borders
Before the implementation of the Schengen AgreementSchengen Agreement
The Schengen Agreement is a treaty signed on 14 June 1985 near the town of Schengen in Luxembourg, between five of the ten member states of the European Economic Community. It was supplemented by the Convention implementing the Schengen Agreement 5 years later...
, most borders in Western Europe were patrolled and a vast network of border posts existed around the continent, to check the identity and entitlement of people wishing to travel from one country to another.
Since the implementation of the Schengen rules, border posts have been closed (and often entirely removed) between participating countries. The Schengen Borders Code requires participating states to remove all obstacles to free traffic flow at internal borders. Thus, road, rail and air passengers no longer have their identity checked by border guards when crossing borders, although security controls by carriers are still permissible.
A Schengen state is permitted to reinstate border controls for a short period where there is a serious threat to that state's "public policy or internal security." When such risk arise out of foreseeable events, the state in question must notify the European Commission in advance and consult with other Schengen states. In April 2010 Malta introduced temporary checks due to Pope Benedict XVI's
Pope Benedict XVI
Benedict XVI is the 265th and current Pope, by virtue of his office of Bishop of Rome, the Sovereign of the Vatican City State and the leader of the Catholic Church as well as the other 22 sui iuris Eastern Catholic Churches in full communion with the Holy See...
visit.
When travelling by air between Schengen countries or within a single Schengen country, some airlines request identification (usually a passport
Passport
A passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth....
or a national ID card
Identity document
An identity document is any document which may be used to verify aspects of a person's personal identity. If issued in the form of a small, mostly standard-sized card, it is usually called an identity card...
) at the airport check-in counters or when boarding. However, this practice is not a form of an official border control, but is used to establish the identity of the passengers.
According to the Schengen rules, hotels and other types of commercial accommodation must register all foreign citizens, including citizens of other Schengen states, by requiring the completion of a registration form by their own hand. This does not apply to accompanying spouses and minor children or members of travel groups. In addition, a valid identification document has to be produced to the hotel manager or staff. The Schengen rules do not require any other procedures; thus, the Schengen states are free to regulate further details on the content of the registration forms, and identity documents which are to be produced, and may also require the persons exempted from registration by Schengen laws to be registered. Enforcement of these rules varies by country.
The European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
constitutes a customs union
European Union Customs Union
The European Union Customs Union is a customs union which consists of all the Member States of the European Union and a number of surrounding countries....
and a Value Added Tax area
European Union Value Added Tax Area
The European Union value added tax area is a territory consisting of all European Union member states and certain other countries which follow the European Union's rules on value added tax . The principle is also valid for some special taxes on products like alcohol and tobacco.Goods are only...
. The effect of these provisions is to prohibit systematic tax, customs controls or any administrative processing of goods at borders between EU member states. In consequence the borders between EU, Schengen states have become largely invisible. However not all Schengen states or all of the territory of Schengen states are part of the customs union or VAT area, so some controls on goods entering or leaving the customs union and/or VAT area are inevitable. In order to avoid customs controls becoming the new passport controls on internal Schengen borders, the Schengen Borders Code prohibits systematic customs and tax controls.
Danish customs controls proposal
In July 2011, Denmark tightened its customs controls in what the Danish government claim is a measure designed to counter illegal immigration and organised crime. This has been criticised by Germany and the EU commission who argue that the Danish move is contrary to the principle of freedom of movement.EU Commissioner for Home Affairs Cecilia Malmström
Cecilia Malmström
Anna Cecilia Malmström is a Swedish politician currently serving as European Commissioner for Home Affairs in the Barroso Commission...
wrote in her blog in May 2011 that the Danish measures could be in breach of EU law. In July 2011, Malmström blogged as follows: "We are currently assessing all the information submitted by Denmark concerning their plans to reinforce customs controls at the borders. But the final decision on whether the Danish rules are in line with EU law will also depend on how they are put in practice. This is why, in agreement with the Danish authorities, I have today decided to send Commission experts to Denmark tomorrow to asses [sic] how the measures have been implemented." Later in July 2011, Malmström expressed her concern that the mission of experts "did not give us the clarifications we were hoping for."
In October 2011, the newly elected government of Helle Thorning-Schmidt
Helle Thorning-Schmidt
Helle Thorning-Schmidt is a Danish politician and the current Prime Minister of Denmark. She has been leader of the Danish Social Democrats since April 2005 and prime minister since October 2011....
(Socialist Party) abolished her predecessors border control plan and reintroduced normal Schengen procedure.
French controls against migrants from northern Africa
Following the Tunisian revolutionTunisian revolution
The Tunisian Revolution is an intensive campaign of civil resistance, including a series of street demonstrations taking place in Tunisia. The events began in December 2010 and led to the ousting of longtime President Zine El Abidine Ben Ali in January 2011...
of 2010–11, the government of Italy gave six-month residence permits to some 25,000 Tunisian migrants. This allowed the migrants to travel freely in the Schengen Area. In response, both France and Germany threatened to impose border checks, not wanting the Tunisian refugees to enter their territory. In April 2011, for several hours, France blocked trains carrying the migrants at the French/Italian border at Ventimiglia
Ventimiglia
Ventimiglia is a city and comune in Liguria, northern Italy, in the province of Imperia. It is located southwest of Genoa by rail, and 7 km from the French-Italian border, on the Gulf of Genoa, having a small harbour at the mouth of the Roia River, which divides the town into two parts...
.
At the request of France, in May 2011 the European Commissioner for Home Affairs, Cecilia Malmström
Cecilia Malmström
Anna Cecilia Malmström is a Swedish politician currently serving as European Commissioner for Home Affairs in the Barroso Commission...
proposed that more latitude would be available for the temporary re-establishment of border control in the case of strong and unexpected migratory pressure, or the failure of a state to protect the external borders of the EU.
On 25 July 2011, in delivering the European Commission's final assessment on the measures taken by Italy and France, the Home Affairs Commissioner said, "[f]rom a formal point of view steps taken by Italian and French authorities have been in compliance with EU law. However, I regret that the spirit of the Schengen rules has not been fully respected." Ms. Malmström also called for a more coherent interpretation of the Schengen rules and a stronger evaluation and monitoring system for the Schengen Area.
The European Commission is expected to unveil revised rules governing the possible temporary re-establishment of internal border controls in September 2011.
Regulation of external borders
Schengen regulations require member countries to apply strict checks on travellers entering or exiting the area. These checks are co-ordinated by the European Union's FrontexFrontex
Frontex is the European Union agency for external border security...
agency, and subject to common rules. The details of border controls, surveillance and the conditions under which permission to enter into the Schengen Area may be granted are exhaustively detailed in the Schengen Borders Code.
All persons crossing external borders—inbound or outbound—have to be subject to at least a minimum check, although travellers who do not enjoy the Community right of free movement must, in general, be subject to a thorough check.
A minimum check consists of a "rapid" and "straightforward" verification of a traveller's travel documents, where appropriate by using technical devices and by consulting databases on lost and stolen documents, to ensure that they are valid and have not been forged. On a strictly "non-systematic basis", border guards are allowed to consult national and European databases (e.g. the Schengen Information System
Schengen Information System
The Schengen Information System , is a governmental database used by European countries to maintain and distribute information on individuals and pieces of property of interest. The intended uses of this system are for national security, border control and law enforcement purposes...
) to see if a person who can benefit from the Community right of free movement poses a genuine, present and sufficiently serious threat to the internal security, public policy, international relations of the Member States or a threat to public health.
A thorough check involves, in addition to the procedures of a minimum check, an examination of entry and exit stamps in the travel document of the third-country national to verify that the person has not already exceeded the maximum duration of authorised stay in the Schengen Area, verification of the length and purpose of stay in the Schengen Area (if necessary looking at supporting documents in the traveller's possession), a check that the traveller has the appropriate visa or residence permit if required and a systematic consultation of national and European databases (e.g. SIS
Schengen Information System
The Schengen Information System , is a governmental database used by European countries to maintain and distribute information on individuals and pieces of property of interest. The intended uses of this system are for national security, border control and law enforcement purposes...
) to ensure that no alert has been issued for the traveller (e.g. an arrest warrant had been issued by a EU or Schengen state).
External border controls are located at roads crossing a border, at airports, at seaports and on board trains. Usually, there is no fence along the land border, but there are exceptions like the Ceuta border fence
Ceuta border fence
The Ceuta border fence is a separation barrier between Morocco and Spain at Ceuta, a city in the North African coast. Constructed by Spain, its purpose is to stop illegal immigration and smuggling....
. However, surveillance camera systems, some equipped with infrared technology, are located at some more critical spots, for example at the border between Slovakia
Slovakia
The Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south...
and the Ukraine
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
, where at some points there is a camera every 186 metres (203.4 yd). Along the southern coast of the Schengen countries, coast guards make a substantial effort to prevent private boats from entering without permission.
The Schengen rules require that all passenger carriers across the Schengen external border must check, before boarding, if the passenger has the travel document and visa required for entry. This is to prevent persons from applying for asylum
Right of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
at the passport control after landing within the Schengen Area.
Short-stay and transit visas
The rules applicable to short-term entry visas into the Schengen Area are set out in EU regulations which contain two lists: a list of the nationalities (or classes of travel documentTravel document
A travel document is an identity document issued by a government or international treaty organization to facilitate the movement of individuals or small groups of persons across international boundaries...
holder) which require a visa for a short-term stay (the Annex I list) and a list which do not (the Annex II list).
Being listed in the visa-free list will sometimes but not always exempt the listed nationality or class from the requirement to obtain a work permit if they wish to take up employment or self-employed activity during their stay; business trips are not normally considered employment in this sense. Schengen states may establish, with respect to entries and stays in their own territory, additional visa requirements or waivers for persons holding diplomatic, official, or other special passports.
The uniform visa—or Schengen visa—is granted in the form of a sticker affixed by a Member State onto a passport, travel document or another valid document which entitles the holder to cross the border.
Short stay and transit visas are currently granted in the following categories:
- An airport-transit visa entitles the holder to pass through the international transit area of an airport in the Schengen Area. The requirement to hold such a visa is an exception to the general rule that nationals who require a visa to enter the Schengen Area do not require a visa to complete a stop-over in an airport in the Schengen Area.
- A uniform visa entitles the holder to enter and remain in the Schengen Area for a specified period. Uniform visas are issued for reasons other than immigration, such as tourism, business or transit, and may be issued for either single or multiple entry. The maximum validity of the latter is normally a year but a greater period of up to five years is allowable in exceptional cases. The maximum stay allowable is three months in any half year. When issued for transit the length of the stay will correspond to the length the transit should take.
- Facilitated Transit Document (FTD) and a Facilitated Rail Transit Document (FRTD) are documents issued for transit between the Russian Federation and its western exclave of Kaliningrad OblastKaliningrad OblastKaliningrad Oblast is a federal subject of Russia situated on the Baltic coast. It has a population of The oblast forms the westernmost part of the Russian Federation, but it has no land connection to the rest of Russia. Since its creation it has been an exclave of the Russian SFSR and then the...
. A FTD is valid for up to three years for transits which do not exceed 24 hours. A FRTD is valid for up to three months for transits which not exceed six hours.
Entry conditions for third-country nationals
A Schengen visa or a visa exemption does not, in and of itself, entitle a traveller to enter the Schengen Area. The Schengen Borders Code lists requirements which third-country nationals must meet to be allowed into the Schengen Area. For this purpose, a third-country national is a person who does not enjoy the Community right of free movement (i.e. a person who is not an EU, EEA or Swiss citizen, or a family member of such a person who is in possession of a residence permit with the indication "family member of an EU citizen" or "family member of an EEA or CH citizen").The requirements for entry are as follows:
- The third-country national is in possession of a valid travel documentTravel documentA travel document is an identity document issued by a government or international treaty organization to facilitate the movement of individuals or small groups of persons across international boundaries...
or documents authorising them to cross the border; the acceptance of travel documents for this purpose remains within the domain of the member states; - The traveller either possesses a valid visa (if required) or a valid residence permit;
- The traveller can justify the purpose and conditions of the intended stay and has sufficient means of subsistence, both for the duration of the intended stay and for the return to his or her country of origin or transit to a third country into which the traveller is certain to be admitted, or is in a position to acquire such means lawfully;
- The Schengen Information SystemSchengen Information SystemThe Schengen Information System , is a governmental database used by European countries to maintain and distribute information on individuals and pieces of property of interest. The intended uses of this system are for national security, border control and law enforcement purposes...
does not contain an alert for refusal of entry concerning the traveller, and - The traveller is not considered to be a threat to public policy, internal security, public health or the international relations of any of the Schengen states.
Border guards are required to stamp
Passport stamp
A passport stamp is a rubber stamp inked impression received in one's passport upon entering or exiting a country. Passport stamps may occasionally take the form of sticker stamps, such as those received when entering Japan. Depending on nationality, a visitor may not receive a stamp , such as an...
the travel documents of third-country nationals when they cross external borders at all times, even in extraordinary and unforeseen circumstances, including when checks are relaxed. However, nationals of Andorra, Monaco and San Marino are exempt from this requirement, as are heads of state, whose visit what announced through diplomatic channels, and those enjoying the benefit of a local border traffic regime. Certain exemptions also apply to the crews of ships and aircraft.
Stays in excess of three months
For stays in the Schengen Area as a whole which exceed three months, a third-country national will need to hold either a long-stay visa for a period no longer than a year, or a residence permit for longer periods. A long-stay visa is a national visa but is issued in accordance with a uniform format. It entitles the holder to enter the Schengen Area and remain in the issuing state for a period longer than three months but no more than one year. If a Schengen state wishes to allow the holder of a long-stay visa remain there for longer than a year, the state must issue him or her with a residence permit.The holder of a long-stay visa or a residence permit is entitled to move freely within the other state which comprise the Schengen Area for a period of up to three months in any half year. Third-country nationals who are long-term residents in a Schengen state may also acquire the right to move to and settle in another Schengen state without losing their legal status and social benefits.
However, some third-country nationals are permitted to stay in the Schengen Area for more than three months without the need to apply for a long-stay visa. Article 20(2) of the Convention implementing the Schengen Agreement allows for this 'in exceptional circumstances' and for bilateral agreements concluded by individual signatory states with other countries before the Convention entered into force to remain applicable. As a result, for example, New Zealand citizens
New Zealand nationality law
New Zealand citizenship was created on 1 January 1949 by the British Nationality and New Zealand Citizenship Act 1948...
are permitted to stay for up to 90 days in each of the Schengen countries (Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
, Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
, Czech Republic
Czech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
, Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, Finland
Finland
Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Greece
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
, Iceland
Iceland
Iceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...
, Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
, The Netherlands, Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
, Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
, Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
and Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
) which had already concluded bilateral visa exemption agreements with the New Zealand Government prior to the Convention entering into force without the need to apply for long-stay visas, but if travelling to other Schengen countries the 90 days in a 180 day period time limit applies.
Internal movement for family members of EEA nationals
The right of entry without additional visa was extended to the non-EEA family members of EEA nationals exercising their treaty right of free movementFreedom of movement for workers
The freedom of movement for workers is a policy chapter of the acquis communautaire of the European Union. It is part of the free movement of persons and one of the four economic freedoms: free movement of goods, services, labour and capital...
who hold a valid residence card of their EEA host country and wish to visit any other EEA member state for a short stay up to 90 days. This is implied in Directive 2004/38/EC
Directive 2004/38/EC on the right to move and reside freely
The Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States...
, Article 5(2) provided that they travel together with the EEA national or join their spouse/partner at a later date (Article 6(2)). Some member states (as at September 2009), however, do not follow the Directive in this respect to the effect that non-EEA family members living in non-Schengen EU countries may still face difficulties (denial of boarding the vessel by the transport company, denial to enter by border police) when travelling to certain Schengen countries with their residence card alone. Likewise non-Schengen member EU countries may deny entry to Schengen residence card holders without an additional visa.
Local border traffic at external borders
Schengen states which share an external land border with a non-EU member state are authorised by virtue of the EU Regulation 1931/2006 to conclude or maintain bilateral agreements with neighbouring third countries for the purpose of implementing a local border traffic regime. Such agreements define a border area which may extend to a maximum of 50 kilometres (31.1 mi) on either side of the border, and provide for the issuance of local border traffic permits to residents of the non-Schengen side of the border area. Permits may be used to cross the external border within the border area, are not stamped on entry or exit of the Schengen Area and must display the holder's name and photograph, as well as a statement that its holder is not authorised to move outside the border area and that any abuse shall be subject to penalties.Permits are issued with a validity period of between one to five years and allow for a stay within the Schengen side of the border area of up to three months. Permits may only be issued to lawful residents of the border area who have been resident in the border area for a minimum of one year (or longer if specified by the bilateral agreement). Applicants for a permit have to show that they have legitimate reasons to cross frequently an external land border under the local border traffic regime. Schengen states must keep a central register of the permits issued and have to provide immediate access to the relevant data to other Schengen states.
Before the conclusion of an agreement with a neighbouring country, the Schengen state must receive approval from the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
, which has to confirm that the draft agreement is in conformance with the Regulation. The agreement may only be concluded if the neighbouring state grants at least reciprocal rights to EEA and Swiss nationals resident in the Schengen side of the border area, and agrees to the repatriation of individuals found to be abusing the border agreement.
four local-traffic agreements have come into force. Three of them are Hungary-Ukraine in January 2008, Slovakia-Ukraine in September 2008 and Poland-Ukraine in July 2009. As an EU member, in anticipation of its admission into the Schengen Area, Romania has agreed an local-traffic agreement with Moldova which entered into force in October 2010.
Agreement between Poland and Belarus, Latvia and Belarus, Lithuania and Belarus, and Norway and Russia are due to enter into force in 2011.
Already late 2009, Norway began issuing one-year multiple-entry visas, without the usual requirement of having family or a business partner in Norway, called Pomor-Visas, to Russians from Murmansk Oblast, and later to those from Arkhangelsk Oblast.
Special arrangement on entry for Croatia
There is an exception to these rules in the case of citizens of Croatia. Based on the pre-Schengen bilateral agreements between Croatia and its neighbouring EU countries (Italy, Hungary and Slovenia), Croatian citizens are allowed to cross the border with only an ID card (passport not obligatory). Many people living near the border cross it several times a day (some work across the border, or own land on the other side of the border), especially on the border with Slovenia, which was unmarked for centuries as Croatia and Slovenia were both part of the Habsburg EmpireHabsburg Monarchy
The Habsburg Monarchy covered the territories ruled by the junior Austrian branch of the House of Habsburg , and then by the successor House of Habsburg-Lorraine , between 1526 and 1867/1918. The Imperial capital was Vienna, except from 1583 to 1611, when it was moved to Prague...
(1527–1918) and Yugoslavia
Yugoslavia
Yugoslavia refers to three political entities that existed successively on the western part of the Balkans during most of the 20th century....
(1918–1991). As Croatia is expected to join the EU by 2013, an interim solution, which received permission from the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
, was found: every Croatian citizen is allowed to cross the Schengen border into Hungary, Italy or Slovenia with an ID card and a special border card that is issued by Croatian police at border exit control. The police authorities of Hungary, Italy or Slovenia will then stamp the special border card both on entry and exit. Croatian citizens, however, are not allowed to enter any other Schengen agreement countries without a valid passport, although they are allowed to travel between Hungary, Italy and Slovenia.
These arrangements will be discontinued if and when Croatia becomes an EU member state, which will allow its citizens to enter any member country using only an ID card. As of June 2011, Croatia is implementing projects and reforms required to join the Schengen Area by 2015.
Other Western Balkan states
Citizens of Albania, Bosnia and Herzegovina, Macedonia, Montenegro, and Serbia can enter the Schengen Area without a visa. On 30 November 2009, the EU Council of Ministers for Interior and Justice abolished visa requirements for citizens of the Republic of Macedonia, Montenegro, and Serbia, while on 8 November 2010 it did the same for Albania and Bosnia and Herzegovina. The former took effect on 19 December 2009, while the latter on 15 December 2010.Citizens of Kosovo holding Kosovo passports as well as people living in Kosovo holding the biometric Serbian passport still need a visa to travel to the EU. Serbia created the Serbian Coordination Directorate
Serbian Coordination Directorate
The Serbian Coordination Directorate is an authority which is responsible for issuing Serbian passports to Serbian citizens residing in Kosovo....
to facilitate this process. However, a visa liberalisation road-map for Kosovo is expected to be announced and negotiated in the near future.
Visa liberalisation negotiations between the EU and the Western Balkans (excluding Croatia and Kosovo) were launched in the first half of 2008, and ended in 2009 (for Macedonia, Montenegro, and Serbia) and 2010 (for Albania and Bosnia and Herzegovina). Before visas were fully abolished, the Western Balkan countries (Albania, Bosnia and Herzegovina, Macedonia, Montenegro, and Serbia) had signed "visa facilitation agreements" with the Schengen states in 2008. The visa facilitation agreements were, at the time, supposed to shorten waiting periods, lower visa fees (including free visas for certain categories of travellers), and reduce paperwork. In practice, however, the new procedures turned out to be longer, more cumbersome, more expensive, and many people complained that it was easier to obtain visas before the facilitation agreements entered into force.
Police and judicial co-operation
The Schengen rules also include provisions for sharing intelligence, such as information about people, lost and stolen documents, vehicles, via the Schengen Information SystemSchengen Information System
The Schengen Information System , is a governmental database used by European countries to maintain and distribute information on individuals and pieces of property of interest. The intended uses of this system are for national security, border control and law enforcement purposes...
. This means that potentially problematic persons cannot 'disappear' simply by moving from one Schengen country to another.
Administrative assistance
According to Article 39 of the Schengen Convention, police administrations of the Schengen States are required to grant each other administrative assistance in the course of the prevention and detection of criminal offences according to the relevant national laws and within the scope of their relevant powers. They may cooperate through central bodies or, in case of urgency, also directly with each other. The Schengen provisions entitle the competent ministries of the Schengen States to agree on other forms of cooperation in border regions.With respect to actions which imply constraint or the presence of police officers of a Schengen State in another Schengen State, specific rules apply, based on agreements between the pairs of neighbour states.
Cross-border observation
Under Article 40 of the Schengen Convention, police observation may be continued across a border if the person observed is presumed to have participated in an extraditable criminal offence. Prior authorization of the second state is required, except if the offence is one of those in Article 40(7) of the Schengen Convention, and if urgency requires the continuation of the observation without prior consent of the second state. In the latter case, the authorities of the second state must be informed before the end of the observation in its territory, the request for consent has to be handed over as soon as possible, and the observation has to be terminated on request of the second state, or if consent has not been granted after five hours. The police officers of the first state are bound to the laws of the second state, must carry identification which shows that they are police officers, and are entitled to carry their service weapons. They may not stop or arrest the observed persons, and must report to the second state after the operation has been finished. On the other hand, the second state is obliged to assist the enquiry subsequent to the operation, including judicial proceedings.Hot pursuit
Under Article 41 of the Schengen Convention, police from one Schengen state may cross national borders to chase their target, if it is not possible to notify the police of the second state before entry into that territory, or if the authorities of the second state are unable to reach the scene in time to take over the pursuit. The Schengen states may declare if they restrict the right to hot pursuit into their territory in time or in distance, and if they allow the neighbouring states to arrest persons on their territory. However, the second state is obliged to challenge the pursued person in order to establish the person's identity or to make an arrest if so requested by the pursuing state. The right to hot pursuit is limited to land borders. The pursuing officers either have to be in uniform or their vehicles have to be marked. They are permitted to carry service weapons, which may be used only in self-defence. After the operation, the first state has to report to the second state about its outcome.Responsibility and rights
Under Article 42 of the Schengen Convention, police officers of a state who became victims of a criminal offence in another Schengen state while on duty there, enjoy the same right of compensation as an officer of the second state. According to Article 43 of the Schengen Convention, the state which employs a police officer is liable for damages towards another state where such police office performs illegal actions.Further bilateral measures
Many Schengen states have introduced further bilateral measures for police cooperation in border regions, which are expressly permitted under Article 39(5) of the Schengen Convention. Such cooperation may include joint police radio frequencies, police control centres, and tracing units in border regions. Signatories to the Prüm ConventionPrüm Convention
The Prüm Convention is a treaty which was signed on 27 May 2005 by Germany, Spain, France, Luxembourg, Netherlands, Austria, and Belgium in the town of Prüm in Germany...
also allow for the ad hoc conferment of police powers to the police officers of other EU member states.
Direct legal assistance
The Schengen states are obliged to grant each other legal assistance in criminal justice with respect to all types of offences and misdemeanors (Article 49 of the Schengen Convention), this including tax and other fiscal offences (Article 50 of the Schengen Convention), except for certain small crimes, as defined in Article 50 of the Schengen Convention. All Schengen states may serve court documents by mail to another Schengen State, but must attach a translation, if there is reason to believe that the addressee would not understand the original language of the document served (Article 52 of the Schengen Convention). Requests for legal assistance may be exchanged directly between the judicial authorities of the Schengen states, without having to use diplomatic channels (Article 53 of the Schengen Convention).In Articles 54 to 58 of the Schengen Convention, detailed rules concerning the application of the principle that no person may be sentenced twice for the same criminal offence in the Schengen States are laid down. Articles 59 to 69 of the Schengen Convention contain rules concerning extradition between Schengen States and the enforcement of prison sentences which were handed down in one state in a different state.
Narcotic drugs
Under the Schengen convention, the Schengen states are obliged to prosecute illegal trade in narcotics whilst at the same time afford every protection to those prescribed medicines that contain narcotic elements. They also must provide for the forfeiture of illegal profits that derive from trade in illicit or controlled substances. Persons are permitted to transport controlled substances for their personal medical treatment in the territory of other Schengen states.Provisions in the treaties of the European Union
The legal basis for Schengen in the treaties of the European UnionTreaties of the European Union
The Treaties of the European Union are a set of international treaties between the European Union member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives...
has been inserted in the Treaty establishing the European Community through Article 2, point 15 of the Treaty of Amsterdam. This inserted a new title named "Visas, asylum, immigration and other policies related to free movement of persons" into the treaty, currently numbered as Title IV, and comprising articles 61 to 69. The Treaty of Lisbon
Treaty of Lisbon
The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
substantially amends the provisions of the articles in the title, renames the title to "Area of freedom, security and justice
Area of freedom, security and justice
The area of freedom, security and justice is a collection of European Union policies designed to ensure security, rights and free movement within the EU. As internal borders have been removed within the EU, cross border police cooperation had to increase to counter cross border crime, and thus...
" and divides it into five chapters, called "General provisions", "Policies on border checks, asylum and immigration", "Judicial cooperation in civil matters", "Judicial cooperation in criminal matters", and "Police cooperation".
The Schengen Agreement and the Schengen Convention
The Schengen Area originally had its legal basis outside the then European Economic Community, having been established by a sub-set of member states of the Community using two international agreements:- The 1985 Schengen AgreementSchengen AgreementThe Schengen Agreement is a treaty signed on 14 June 1985 near the town of Schengen in Luxembourg, between five of the ten member states of the European Economic Community. It was supplemented by the Convention implementing the Schengen Agreement 5 years later...
—Agreement between the Governments 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.
- The 1990 Schengen Convention—Convention implementing the Schengen Agreement of 14 June 1985 between the Governments 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.
On being incorporated into the main body of European Union law
European Union law
European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
by the Amsterdam Treaty
Amsterdam Treaty
The Amsterdam Treaty, officially the Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Maastricht Treaty,...
, the Schengen Agreement and Convention were published in the Official Journal of the European Communities by a decision of the Council of Ministers. As a result the Agreement and Convention can be amended by regulations.
See also
- Schengen AgreementSchengen AgreementThe Schengen Agreement is a treaty signed on 14 June 1985 near the town of Schengen in Luxembourg, between five of the ten member states of the European Economic Community. It was supplemented by the Convention implementing the Schengen Agreement 5 years later...
- Schengen Information SystemSchengen Information SystemThe Schengen Information System , is a governmental database used by European countries to maintain and distribute information on individuals and pieces of property of interest. The intended uses of this system are for national security, border control and law enforcement purposes...
- Central America-4 Border Control AgreementCentral America-4 Border Control AgreementThe Central America-4 Border Control Agreement was a treaty signed in June 2006 between the Central American nations of El Salvador, Guatemala, Honduras and Nicaragua, establishing the free movement across borders between the four signatory states of its citizens without any restrictions or checks...
- Dublin Regulation
- Prüm ConventionPrüm ConventionThe Prüm Convention is a treaty which was signed on 27 May 2005 by Germany, Spain, France, Luxembourg, Netherlands, Austria, and Belgium in the town of Prüm in Germany...
- FrontexFrontexFrontex is the European Union agency for external border security...
- FADOFADO-FADO - False and Authentic Documents Online:A computerised image-archiving system to help combat illegal immigration and organised crime- ACT : adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning the setting up of a European Image-Archiving System .-...
- Public Register of Travel and Identity Documents Online (PRADO)
- Area of freedom, security and justiceArea of freedom, security and justiceThe area of freedom, security and justice is a collection of European Union policies designed to ensure security, rights and free movement within the EU. As internal borders have been removed within the EU, cross border police cooperation had to increase to counter cross border crime, and thus...
- Mechanism for Cooperation and VerificationMechanism for Cooperation and VerificationThe Mechanism for Cooperation and Verification is safeguard measure invoked by the European Commission in case some new member or acceding state of the European Union has failed to implement commitments undertaken in the context of the accession negotiations in the fields of the Area of freedom,...
- Opt-outs in the European UnionOpt-outs in the European UnionIn general, the law of the European Union is valid in all of the twenty-seven European Union member states. However, occasionally member states negotiate certain opt-outs from legislation or treaties of the European Union, meaning they do not have to participate in certain policy areas...
External links
The Schengen Agreement and the Schengen Convention- Convention implementing the Schengen Agreement of 14 June 1985 between the Governments 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 (OJ L 239, 22 September 2000, p. 19).
- Agreement between the Governments 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 (OJ L 239, 22 September 2000, p. 13).
European Union Regulations
- 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) (OJ L 105, 13 April 2006, p. 1).
- Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21 March 2001, p. 1).
- Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common Manual (OJ L 99, 17 April 2003, p. 8).
- Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14 July 1995, p. 1).
- Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15 September 2009, p. 1).
- Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381, 28 December 2006, p. 4).
- Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ L 50, 25 February 2003, p. 1); also referred to as the Dublin Regulation.
- Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6 August 2008, p. 1).