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The [[United Kingdom]] and [[Republic of Ireland|Ireland]] are the only two EU members to not have signed the Schengen Agreement: both have an [[Opt-outs in the European Union|opt-out]] from the agreement. The two countries share a [[Common Travel Area]] with no border controls. Ireland is thus unable to join the agreement without dissolving this agreement with the UK, and thus incurring border controls at its land border with [[Northern Ireland]]. However, the UK remains reluctant to surrender its own border controls and work permit system. Therefore, UK and Ireland are signatories of the Council Decision covering police co-operation, but not of the Council Regulations covering asylum, visas and border controls. <!-- clarify what Council Decision and Council Regulations mean in this context. If UK and Ireland have signed a part of the agreement, can they be said not to have signed it at all? --> |
The [[United Kingdom]] and [[Republic of Ireland|Ireland]] are the only two EU members to not have signed the Schengen Agreement: both have an [[Opt-outs in the European Union|opt-out]] from the agreement. The two countries share a [[Common Travel Area]] with no border controls. Ireland is thus unable to join the agreement without dissolving this agreement with the UK, and thus incurring border controls at its land border with [[Northern Ireland]]. However, the UK remains reluctant to surrender its own border controls and work permit system. Ireland and the United Kingdom had applied in 1999 to participate in a number of some provisions of the Schengen acquis, which has been granted by the Council of the EU on May 29, 2000<ref name="EU-Council_2000-05-29">[http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000D0365:EN:HTML 2000/365/EC: Council Decision of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis |
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]</ref>. Therefore, UK and Ireland are signatories of the Council Decision covering police co-operation, but not of the Council Regulations covering asylum, visas and border controls. <!-- clarify what Council Decision and Council Regulations mean in this context. If UK and Ireland have signed a part of the agreement, can they be said not to have signed it at all? --> |
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The reluctance of the UK government to join the agreement has been criticised by some, such as the House of Lords, for, seemingly paradoxically, hampering the fight against cross-border crime. This is due to the inability of the UK to access the [[Schengen Information System]], which contains data, among else, on undesirables.<ref>{{cite web|url=http://www.parliament.uk/parliamentary_committees/lords_press_notices/pn020207euf.cfm |title=Government's reluctance to join Schengen Information System weakens battle against cross border crime |publisher=House of Lords |date=2007-03-02 |accessdate=2007-10-22}}</ref> |
The reluctance of the UK government to join the agreement has been criticised by some, such as the House of Lords, for, seemingly paradoxically, hampering the fight against cross-border crime. This is due to the inability of the UK to access the [[Schengen Information System]], which contains data, among else, on undesirables.<ref>{{cite web|url=http://www.parliament.uk/parliamentary_committees/lords_press_notices/pn020207euf.cfm |title=Government's reluctance to join Schengen Information System weakens battle against cross border crime |publisher=House of Lords |date=2007-03-02 |accessdate=2007-10-22}}</ref> |
Revision as of 09:47, 21 December 2007
The 1985 Schengen Agreement is an agreement among most Western and Central European countries which allows for the abolition of systematic border controls between the participating countries. Covering a total area of 4,268,633km². It includes provisions on common policy on the temporary entry of persons (including the Schengen Visa), the harmonisation of external border controls, and cross-border police co-operation. By the Treaty of Amsterdam, the agreement itself and all decisions having been enacted on its basis had been implemented into the law of the European Union.
A total of 30 states, including most European Union states and three non-EU members (Iceland, Norway, and Switzerland), have signed the agreement, and 24 have implemented it so far. The Republic of Ireland and the United Kingdom only take part in the police co-operation measures and not the common border control and visa provisions. Border posts and checks have been removed in the Schengen area[1] states (see section Customs control) and a common 'Schengen visa' allows tourist or visitor access to the area.
Pre-Schengen free-travel zones in Europe
Prior to World War I, one could travel from Lisbon to Moscow without a passport.[2] This freedom of movement ended with the War, but several local free-travel zones were later established.
Following Irish independence from the United Kingdom in 1922, no laws were passed requiring a passport for traveling across the newly created international border, in keeping with the European norm of a few years earlier. The free-travel zone comprising the two countries (the Common Travel Area or CTA) was not codified, or indeed given an official name, until 1997, and then only at the EU level to distinguish it from the Schengen Treaty.
In 1944, the governments-in-exile of the Netherlands, Belgium and Luxembourg (Benelux) signed an agreement to eliminate border controls among themselves. This agreement was put into force in 1948.
Similarly, the Nordic Passport Union was created in 1952 to permit free travel among the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden and their associated territories).
Membership and implementation
The agreement was originally signed on 14 June 1985, by five European states (Belgium, France, West Germany, Luxembourg, and The Netherlands).[3] An additional document, known as the Schengen Convention, was created which put the agreement into practice. This second document replaced the first and was signed by each state on the dates shown below. The agreement was signed aboard the ship Princesse Marie-Astrid on the Moselle River, where the borders of Luxembourg, France, and Germany meet, near the small town of Schengen in Luxembourg. [4]
For each member state there has been a delay between signing the agreement and actually implementing it. Although the original agreement was signed on 14 June 1985, it was not until almost a decade later, 26 March 1995, that Belgium, France, Germany, Luxembourg, Netherlands, Portugal, and Spain became the first states to implement it.
Membership
- 14 June 1985 - Belgium, France, West Germany, Luxembourg, Netherlands
- 3 October 1990 - (German reunification brings in the former East Germany)
- 27 November 1990 - Italy
- 25 June 1992 - Portugal, Spain
- 6 November 1992 - Greece NB : Greece incompletely implemented the agreement and requires a different visa for citizens of the former Yugoslav Republic of Macedonia because of the name-conflict between the two countries.
- 28 April 1995 - Austria
- 19 December 1996 - Denmark, Finland, Iceland, Norway, Sweden, or the Nordic countries. Through the Nordic Council, they have an even more permissive agreement on internal movement of persons.
- 29 May 2000 - Republic of Ireland, United Kingdom (both countries limited membership only)
- 1 May 2004 - Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia
- 16 October 2004 - Switzerland (ratified by referendum on 5 June 2005)
- 1 January 2007 - Bulgaria, Romania
- 21 December 2007 - Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia
Inclusions and exceptions
Included in the Schengen area:
- All non-Continental and non-European areas of Portugal and Spain:
- The Azores and Madeira.
- Ceuta, Melilla and the Canary Islands.
The following territories of the membership countries are not covered by the agreement:
- All overseas regions of France
- Aruba and the Netherlands Antilles of the Kingdom of the Netherlands
- Heligoland and Büsingen of Germany
- Svalbard of Norway
- Northern Cyprus
The following territories of the member states are indirectly covered, and do not have full passport check against the Schengen area:
- Greenland and the Faroe Islands of Denmark, although formally excluded from the Schengen Agreement, are integrated with it. (It was laid down in the association agreement with Denmark that persons travelling between the Faroe Islands and Greenland on the one hand, and the Schengen member states on the other hand, are not subject to a border check. The traditional Free Movement of Persons acquis of the European Community is not applicable to Greenland and to the Faroe Islands.)
- Livigno of Italy is a "tax haven" and maintains customs checks and random passport control.
- Mount Athos, an important religious site and autonomous region of Greece, has a special exemption from Schengen allowing women to be barred from entry. This is in line with ancient tradition. [5][6]
UK and Ireland
The United Kingdom and Ireland are the only two EU members to not have signed the Schengen Agreement: both have an opt-out from the agreement. The two countries share a Common Travel Area with no border controls. Ireland is thus unable to join the agreement without dissolving this agreement with the UK, and thus incurring border controls at its land border with Northern Ireland. However, the UK remains reluctant to surrender its own border controls and work permit system. Ireland and the United Kingdom had applied in 1999 to participate in a number of some provisions of the Schengen acquis, which has been granted by the Council of the EU on May 29, 2000[7]. Therefore, UK and Ireland are signatories of the Council Decision covering police co-operation, but not of the Council Regulations covering asylum, visas and border controls.
The reluctance of the UK government to join the agreement has been criticised by some, such as the House of Lords, for, seemingly paradoxically, hampering the fight against cross-border crime. This is due to the inability of the UK to access the Schengen Information System, which contains data, among else, on undesirables.[8]
In October 2007, the UK Government announced plans to introduce an electronic border control system by 2009. This led to speculation that the Common Travel Area would end.[9] However in response to a question on the issue, the Irish Taoiseach (i.e. Prime Minister) stated "On the question of whether this is the end of the common travel area and should we join Schengen, the answer is 'no'."[10]
Implementation
Date of implementation | Implementing State |
---|---|
26 March 1995 | Belgium France Germany Luxembourg Monaco Netherlands Portugal Spain |
26 October 1997 | Italy |
1 December 1997 | Austria |
26 March 2000 | Greece |
25 March 2001 | Denmark Finland Iceland Norway Sweden |
21 December 2007 for overland borders and seaports, and on 29 March 2008 for airports[11] | Czech Republic Estonia Hungary Latvia Lithuania Malta Poland Slovakia Slovenia |
Although Cyprus also joined the EU on 1 May 2004, that state will join the Schengen Agreement later.[12]
Prospective date of implementation | Implementing State |
---|---|
November 2008[13] | Switzerland and Liechtenstein |
2009 | Cyprus |
2011[14] | Bulgaria |
2011[15] | Romania |
Before fully implementing the Schengen Agreement, each new state will need to have its preparedness assessed in four areas: air borders, visas, police cooperation, and personal data protection. This evaluation process involves a questionnaire and visits of EU experts to selected institutions and workplaces of the country under assessment. The Council of the European Union was scheduled to review the results between April and September of 2007.[16]
Non-signatories of note
- San Marino, although not formally part of the Schengen area, has an open border with Italy (although some random checks are made by Carabinieri, Polizia di San Marino and Guardia di Finanza).
- Monaco, which borders onto the Mediterranean Sea: The Schengen Agreement is administered as if Monaco were a part of France, with French authorities carrying out the Schengen checks at Monaco's sea port.
- Liechtenstein is not yet a member of the agreement. It has an open border with Switzerland (which has not yet implemented the agreement), but border controls on its border with Austria, an EU member, are still carried out. As part of the European Economic Area (EEA), Liechtenstein applies the Traditional Free Movement of Persons acquis of the European Community. Liechtenstein intends to adhere to the Schengen area and it applied to join in the autumn of 2005. The EU Council of Ministers gave their assent to the start of the negotiations in late February 2006. Liechtenstein is expected to implement the agreement in 2008.[17] For Switzerland, expecting to implement the agreement on 1 November 2008, the issue of its open border with Liechtenstein remains. If it is not possible for Liechtenstein to implement Schengen at the same time as Switzerland does (as some EU states want to apply fraud issues with the Schengen enlargement to Liechtenstein), some kind of an interim solution will have to be found, as Switzerland does not want to have to close its border with Liechtenstein, even for a short time.[18]
- Vatican City has expressed a desire to join the Schengen Agreement. It already has an open border with Italy, but enforcing the agreement will allow for closer cooperation in information sharing and similar activities covered by the Schengen Information System.[19]
- Andorra is not integrated into the Schengen area, and border controls between it and its neighbouring countries, France and Spain, remain. Usually non-EU nationals holding a valid Schengen visa are allowed to enter Andorra from France or Spain by road without any passport control at the border.
Principles behind the agreement
Before the Schengen Agreement, citizens of western European countries could travel to neighbouring countries by showing their national ID card or passport at the border. Nationals of some countries were required to have separate visas for every country in Europe they wished to visit. A vast network of border posts existed around the continent which disrupted traffic and trade—causing delays and costs to both businesses and visitors.
Since the implementation of the agreement, border posts have been closed (and often demolished) between participating countries. Road traffic is no longer delayed; road, rail and air passengers no longer have their identity checked when crossing borders (however, see section Customs control). Citizens of non-EU, non-EEA countries who wish to visit Europe as tourists, and who require a visa to enter the Schengen area, are simply required to get a common Schengen Visa from the Embassy/Consulate of the Schengen country they intend to visit first. After this, they may visit any or all of the Schengen countries as tourists or for business without hindrance. They are not required to get separate visas for all the (Schengen) European countries they wish to visit. However, in some exceptional cases, visas can be restricted to just some member states.
Third-country nationals who are holders of a residence title of a Schengen state may freely enter into and stay in any other Schengen state for a period of up to three months.[20] For a longer stay, they require a residence title of the target member state. Third-country long-term residents of a member state enjoy, under certain circumstances, the right to settle in other member states.[21]
Not only does the Schengen Agreement remove border checks between participating countries, but it means that participating countries co-ordinate their external controls. The details of border controls, border surveillance, and the conditions under which permission to enter into the Schengen area may be granted are exhaustively and in full detail set out in a European Union regulation called Schengen Borders Code.[22] In particular, Article 7 of the Schengen Borders Code provides that all persons crossing external borders have to be subject to a minimum check, this including the establishment of identities on the basis of the production or presentation of their travel documents, while third-country nationals must be subjected to thorough checks, which also concern all entry requirements (documentation, visa, employment status, means of subsistence, absence of security concerns).
National security
A country is permitted by articles 23 to 31 of the Schengen Borders Code to reinstate border controls for a short period if it is deemed in the interest of national security, but has to follow a consultation procedure before such action. This occurred in Portugal during the 2004 European Football Championship and in France for the ceremonies marking the 60th anniversary of D-Day. It was used again by France shortly after the London bombings in July of 2005. Finland briefly reinstated border controls during the 2005 World Championships in Athletics that took place at the Helsinki Olympic Stadium in August 2005. Germany used it for the 2006 FIFA World Cup and again in 2007 for the 33rd G8 summit in Heiligendamm.
The Schengen rules also include provisions for sharing intelligence, such as information about people, lost and stolen documents, vehicles, etc., via the Schengen Information System. This means that a potentially undesirable person cannot 'disappear' simply by moving from one participant country to another as each country will know the same about the person's background.
Under Article 41 of the Schengen Agreement, police from one Schengen state may cross national borders to chase their target for up to 30 km ('hot pursuit'). The officers either have to wear their uniforms, or their vehicles have to be marked as police vehicles. The officers may only use their weapons for self-defence. Many neighboring Schengen states have introduced further bilateral measures for police cooperation in border regions, which are expressly permitted under Article 39 subsection 5 of the Schengen Agreement. Such cooperation may include joint police radio frequencies, police control centres, and tracing units in border regions.[23]
Air security
When travelling by air between Schengen countries, identification (usually passport or national ID card) must be shown at check-in. This is not a Schengen rule, but rather an air security rule that applies equally for domestic flights within a Schengen country.
ID checks at hotels and other places
According to the Schengen rules, all hotels and other types of accommodation must register the name, citizenship and ID number of all foreign citizens [24]. For this reason, a passport or a national ID card must be shown at check-in. A similar rule existed in some countries already before the Schengen Agreement. However, the rule is seldom enforced.
Customs control
Most of the member states of the Schengen area are also members of the European Union, among which customs controls have been abolished, leaving no checks at all at the borders. Customs checks remain at borders between two Schengen members where one is a non-EU country (and indeed at borders between the European Union Value Added Tax Area and those zones of the EU that lie outside it). Customs checks are also performed in connection with travel within one single member state, if a part of the area of that member state is located outside the EU common customs area; this e.g. applies to trips between the island of Heligoland and mainland Germany. With respect to travel between two EU members where one is non-Schengen, there are identity (passport) checks, but no customs checks being conducted. This mode applies for travel between the British Isles and the European continent.
Some member states maintain, to a certain degree, checks in the border areas with respect to controlled substances. Since, for example, the Dutch policy on drugs differs from the French policy, and a person could buy drugs in the Netherlands and transport them to France to sell them on the black market, France had insisted on maintaining border controls on people entering France from the Benelux countries for some time after the Schengen agreement was implemented.
Some other Schengen countries, including Sweden and Finland, also maintain customs control at their borders in order to control the smuggling of drugs and alcohol. The Schengen treaty allows them to do so, as long as cars are only stopped at the control post where a suspicion of smuggling has been established.
Non-EU members Norway and Iceland are not a part of the EU customs union and therefore enforce the same level of customs control towards any traveller, whether or not they come from within the Schengen area.
Information sharing: Prüm Convention
An agreement was signed on 27 May, 2005 by seven countries (Germany, Spain, France, Luxembourg, Netherlands, Austria, and Belgium) at Prüm, Germany. This agreement, based on the principle of availability which began to be discussed after the Madrid bomb attack on 11 March, 2004, could enable them to exchange all data regarding DNA and fingerprint data of concerned persons and to cooperate against terrorism. Sometimes known as the Prüm Convention, this is becoming known as the Schengen III Agreement and was adopted into EU regulation for Schengen states in June 2007.[25] The Visa Information System, to be rolled-out in 2009, could be in the future the largest biometric database in the world.[26]
External borders
The borders against non-Schengen countries are to be carefully controlled, and every person crossing those external borders must carry an accepted means of identification, such as a passport, other travel document, or – in case of EU and Swiss citizens – national identity card.[27] All persons who are third-country nationals have to be checked against the Schengen Information System, a database containing information about undesired or wanted people, stolen passports, and other items of interest to border officials;[28] while checks on EU citizens and other persons enjoying the right of free movement in the EU may only be conducted on a "non-systematic" basis.[29]
The border controls are located at roads crossing a border, at airports, at seaports, and onboard trains.[30] Usually there is no fence along borders in the terrain, but there are exceptions like the Ceuta border fence. Fence is partially located at border between Slovakia and Ukraine. Along the southern coast of the Schengen countries, coast guards are making a substantial effort to prevent private boats from entering without permission.
The Schengen Agreement stipulates that all transporters of passengers across the Schengen external border must check, before boarding, if the passenger has the travel document and visa required for entry.[31] This is to prevent persons from applying for asylum at the passport control, after already having landed within the Schengen area. Since all asylum applications filed on EU territory must be investigated, and since it often proves to be difficult to deport persons who already have landed, the Schengen states want to prevent third-country nationals who do not have the papers required for entry into the area from even reaching a passport control point on their territory. Because this system proves to be effective, unsafe boats, containers, or other unconventional and life-endangering means of transport are used for people smuggling.
The Schengen Agreement and the European Union
All states which belong to the Schengen area, except Norway, Iceland, Liechtenstein and Switzerland, are European Union members. Two EU members (the United Kingdom and the Republic of Ireland) have opted not to fully participate in the Schengen system (their reasons are outlined above). The main reason that the non-EU states of Iceland and Norway joined was to preserve the Nordic Passport Union (see section Pre-Schengen free-travel zones in Europe).
The Schengen Agreement was originally created independently of the European Union, in part due to the lack of consensus amongst EU members, and in part because those ready to implement the idea did not wish to wait for others to be ready to join. However, the Treaty of Amsterdam incorporated the legal framework brought about meanwhile, the so-called Schengen-Acquis,[32]by the agreement into the European Union framework, effectively making the agreement part of the EU and its modes of legislature. Amongst other things, at first the Council of the European Union, later the European Parliament and the Council of the European Union in the codecision procedure, took the place of the Executive Committee which had been created under the agreement,[33] leading to the result that legal acts setting out the conditions for entry into the Schengen Area can now be enacted by majority vote in the legislative bodies of the European Union. This also concerns the original Schengen Agreement itself, which may be altered or repealed by means of European Union legislation, without such amendments having to be ratified by the signatory states.[34] Thus, the Schengen States which are not EU members have few options to participate in shaping the evolution of the Schengen rules; their options are effectively reduced to agreeing with whatever is presented before them, or withdrawing from the agreement. Future applicants to the European Union must fulfil the agreement criteria regarding their external border policies in order to be accepted into the EU.
Entry conditions for third-country nationals
The Schengen rules include uniform rules as to the type of visas which may be issued for a short-term stay, not exceeding 90 days, on the territory of one, several or all of those States. The rules also include common requirements for entry into the Schengen area, and common procedures for refusal of entry.
According to the Schengen Borders Code, the conditions applying to third-county nationals for entry are as follows:[35]
- The third-country national is in possession of a valid travel document or documents authorising them to cross the border; the acceptance of travel documents for this purpose remains within the domain of the member states;[36]
- He or she either possesses a valid visa (if required) or a valid residence permit;
- He or she can justify the purpose and conditions of the intended stay, and they have sufficient means of subsistence, both for the duration of the intended stay and for the return to their country of origin or transit to a third country into which they are certain to be admitted, or are in a position to acquire such means lawfully;
- There has not been issued an alert in the Schengen Information System for refusal of entry, and
- he or she is not considered to be a threat to public policy, internal security, public health or the international relations of any of the Schengen states.
In other words, mere possession of a Schengen visa does not confer automatic right of entry. It will only be granted if the other transit or entry conditions laid down by EU legislation have been met, notably the means of subsistence that aliens must have at their disposal, as well as the purpose and the conditions of the stay.
A third-country national who has been granted entry may stay in the Schengen area and travel between Schengen states as long as the conditions for entry are still fulfilled.[37] For stays which exceed three months, so-called national visa (category D) are issued by the relevant Schengen state where the alien intends to reside. Any third-country national who is a holder of a residence permit of a Schengen state, which is granted for a stay which exceeds three months, is allowed to travel to any other member state for a period of up to three months.[38]
The requirement of a visa for short-term stays in the Schengen area which do not involve employment or any self-employed activity are set out in an EU regulation.[39] The list of the nationals which require a visa for a short-term stay (so-called Annex I list) and the visa-free nationals (so-called Annex II list) refers to the nationality of the third-country national and not to the passport or travel document he or she is holding (with an exception to holders of Hongkong and Macau passport holders, and another exception vis a vis holders of refugee travel documents, where the country which issued the travel document is relevant). Nationals which intend to take up employment or self-employed activity may be required by member states to obtain a visa although they are listed on the Schengen visa-free list; usual business trips are normally not considered employment in this sense.[40]
The uniform 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.
It is granted in four categories:[41]
- Category A refers to an airport transit visa. It is required for some few nationals for passing through the international transit area of airports during a stop-over or transfer between two sections of an international flight. The requirement to have this visa is an exception to the general right to transit without a visa through an international transit area of an airport.
- Category B refers to a transit visa. It is required by nationals who are not visa-free for travelling from one non-Schengen state to another non-Schengen state, in order to pass through the Schengen area. Each transit may not exceed five days.
- Category C refers to a short-term stay visa. They are issued for reasons other than to immigrate. They entitle holders to carry out a continuous visit or several visits whose duration does not exceed three months in any half-year from the date of first entry.
- Category D refers to national visa. They are issued by a Schengen state in accordance with its national legislation as with respect to the conditions (however, a uniform sticker is used). The national visa allows the holder to transit from a non-Schengen country to the Schengen state which issued the national visa within five days. Only after the holder has obtained a residence title after arrival in the destination country (or a different visa), he may again travel to other Schengen countries.
- Category D+C visa combine the functions of the visa of both categories: They are intended to allow the holder to enter the issuing Schengen state for long-term stay in that state, but also to travel in the Schengen area like a holder of a Category C visa.
- FTD and FRTD are special visa issued for transit only from the main part of the Russian Federation to the Kaliningrad area.
Under certain conditions, seamen are issued visa at the border in order to board a ship or travel home from a ship in an EU harbor. Furthermore, visa may also be issued at the border in exceptional cases, e.g. emergencies.[42]
To obtain a Schengen visa, a traveller must take the following steps:
- He must first identify the Schengen country of his main destination. This determines the State responsible for deciding on the Schengen visa application and therefore the embassy or the consulate where he will have to lodge the application.[43] If his intention is to visit several Schengen countries during the trip, he will have to file a visa application at the embassy of the country where he will make his first entry in Schengen area.[44] If the Schengen State of the main destination or first entry does not have a diplomatic mission or consular post in his country, he will have to contact the embassy or the consulate of another Schengen country, normally located in his country, which represents, for the purpose of issuing Schengen visas, the country of his principal destination or first entry.
- He must then present the Schengen visa application to the responsible embassy or consulate. A harmonised form is to be submitted, together with a valid passport and, if necessary, the documents supporting the purpose and conditions of the stay in the Schengen area (aim of the visit, duration of the stay, lodging). He will also have to prove his means of subsistence, i.e., the funds that he has to cover, on the one hand, the expenses of the stay, taking into account its duration and the place where he will reside, and, on the other hand, the cost of his return to his home country. Certain embassies or consulates sometimes call the applicant to appear in person in order to explain verbally the reasons for the visa application.
- Finally, he must have a travel insurance which covers, for a minimum of €30,000, any expenses incurred by emergency medical treatment, or by repatriation for sanitary reasons. The proof of the travel insurance must in principle be provided at the end of the procedure, i.e. when the decision to grant the Schengen visa has already been made.
Requirements for family members of an EU citizen differ from those indicated above. In general, there is no requirement to provide information about one's employment, or to prove one's means of subsistence. In addition, no fee is required for the visa to be issued.
The large amount of documentation, and the long processing times create long queues in front of embassies of EU countries. Some embassies run a phone service where people have to make a reservation a few weeks in advance. In some extreme cases, it is not possible to get a reservation for months, effectively barring people from entering Schengen countries.
See also
- European Commission
- European Union
- European Union visa lists
- Maastricht Treaty
- Special member state territories and their relations with the European Union
References and notes
- ^ "Schengen area" is the common name for states that have implemented the agreement.
- ^ CS Monitor, August 02, 2004, Hot topic in Germany: aggression in World War I[1]
- ^ "The Schengen acquis". Official Journal. L 239. EUR-Lex: 0013–0018. 2000-09-22. Retrieved 2007-10-22.
- ^ http://www.immihelp.com/visas/schengenvisa/schengen-agreement.html
- ^ "The EU respects the 1,000-year old Mount Athos' prohibition of women visitors". greekembassy.org. Hellenic Republic, Embassy of Greece, Washington DC. 2001-07-13. Retrieved 2007-10-22.
- ^ "Monks see Schengen as Devil's work". BBC News. 1997-10-26. Retrieved 2007-10-22.
- ^ [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000D0365:EN:HTML 2000/365/EC: Council Decision of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis ]
- ^ "Government's reluctance to join Schengen Information System weakens battle against cross border crime". House of Lords. 2007-03-02. Retrieved 2007-10-22.
- ^ Collins, Stephen (2007-10-24). "Irish will need passports to visit Britain from 2009". ireland.com. Retrieved 2007-10-25.
- ^ "Parliamentary Debates (Official Report - Unrevised) Dáil Éireann". Dáil Debate. 640 (2). Leinster House, Dublin 2, Ireland: Office of the Houses of the Oireachtas. 2007-10-24.
{{cite journal}}
: CS1 maint: location (link) - ^ "Internal border controls to be lifted between the new and old Member States as of 31 December 2007 and 29 March 2008". Finland's EU Presidency. 2006-12-05. Retrieved 2007-10-22.
- ^ Lindsay, David (2006-12-10). "Malta to be included in passport-free Schengen zone by end 2007". The Malta Independent. Retrieved 2007-10-22.
- ^ "Schengener Informationssystem: Bundesrat legt weiteres Vorgehen fest". admin.ch (in German). Bern, Switzerland. 2007-05-16. Retrieved 2007-10-22.
{{cite web}}
: CS1 maint: unrecognized language (link) - ^ Yoncheva, Olga (2007-07-19). "Bulgaria Ready to Join Schengen till 2011". News.bg. Retrieved 2007-10-22.
- ^ "Romania tries to join Schengen area by 2011". People's Daily Online. Xinhua. 2007-06-27. Retrieved 2007-10-22.
- ^ "Slovenia to Face Schengen Scrutiny This Year". Slovenia Business Week. Retrieved 2007-10-22.
- ^ Keiber-Beck, Rita (2006-07-09). (Speech). Vaduz http://www.llv.li/amtsstellen/llv-pia-reden/llv-pia-english-speeches-2006.htm?rid=81929&language=2. Retrieved 2007-10-22.
{{cite speech}}
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(help) - ^ "Schweiz soll ab 1. November 2008 bei Schengen dabei sein". NZZ.ch (in German). 2007-09-19. Retrieved 2007-10-22.
{{cite web}}
: CS1 maint: unrecognized language (link) - ^ "Vatican seeks to join Schengen borderless zone". euobserver.com.
- ^ Article 21 of the Schengen Agreement.
- ^ "Council Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents" (PDF) (in English). 2004-01-23. Retrieved 2007-11-25.
{{cite web}}
: CS1 maint: unrecognized language (link) - ^ "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)" (PDF) (in English). 2006-04-13. Retrieved 2007-11-25.
{{cite web}}
: CS1 maint: unrecognized language (link). - ^ Example: Press release concerning police coopration in the German-Polish border region - "Innenminister Schönbohm: Schengen-Erweiterung ein „historisches Glück"" (in German). 2007-11-22. Retrieved 2007-11-25.
{{cite web}}
: CS1 maint: unrecognized language (link) - ^ Schengen Aquis article 45
- ^ "Controversial data-sharing deal to get the go-ahead". euobserver.com.
- ^ "EU to create world's biggest bio-data pool". euobserver.com.
- ^ Article 7 subsec. 2 of the "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)" (PDF) (in English). 2006-04-13. Retrieved 2007-11-25.
{{cite web}}
: CS1 maint: unrecognized language (link); with respect to identification by identity cards cf. Article 5 subsec. 1 of 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" (PDF) (in English). 2004-04-40. Retrieved 2007-11-25.{{cite web}}
: Check date values in:|date=
(help)CS1 maint: unrecognized language (link). - ^ Article 7 subsection 3 vi of the "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)" (PDF) (in English). 2006-04-13. Retrieved 2007-11-25.
{{cite web}}
: CS1 maint: unrecognized language (link). - ^ Article 7 subsection 2 subparagraph 3 of the "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)" (PDF) (in English). 2006-04-13. Retrieved 2007-11-25.
{{cite web}}
: CS1 maint: unrecognized language (link). - ^ Details are set out in Annex VI to the "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)" (PDF) (in English). 2006-04-13. Retrieved 2007-11-25.
{{cite web}}
: CS1 maint: unrecognized language (link). - ^ Article 26 sec. 1 lit. b of the Schengen Agreement.
- ^ The complete acquis had been published here: "Official Journal of the European Communities - The Schengen Acquis" (PDF) (in English). 2000-09-22. Retrieved 2007-11-25.
{{cite web}}
: CS1 maint: unrecognized language (link). - ^ "Council Decision of 22 December 2004 providing for certain areas covered by Title IV of Part Three of the Treaty establishing the European Community to be governed by the procedure laid down in Article 251 of that Treaty" (PDF) (in English). 2004-12-31. Retrieved 2007-11-25.
{{cite web}}
: CS1 maint: unrecognized language (link). - ^ Example: By article 39 subsection 1 of the Schengen Borders Code, Articles 2 to 8 of the Schengen Agreement had been repealed - "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)" (PDF) (in English). 2006-04-13. Retrieved 2007-11-25.
{{cite web}}
: CS1 maint: unrecognized language (link). - ^ Article 5 of the Schengen Borders Code - "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)" (PDF) (in English). 2006-04-13. Retrieved 2007-11-25.
{{cite web}}
: CS1 maint: unrecognized language (link). - ^ Cf. Article 6 of "Consolidated verion of the 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" (PDF) (in English). 2007-01-19. Retrieved 2007-11-25.
{{cite web}}
: CS1 maint: unrecognized language (link) - ^ Article 19 od the Schengen Agreement for aliens requiring a visa; Article 20 of the Schengen Agreement for third-country nationals who do not require such visa.
- ^ Article 21 of the Schengen Agreement.
- ^ "Consolidated verion of the 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" (PDF) (in English). 2007-01-19. Retrieved 2007-11-25.
{{cite web}}
: CS1 maint: unrecognized language (link). - ^ Cf. "Section 17 of the German Aufenthaltsverordnung" (in German). 2004-11-25. Retrieved 2007-11-28.
{{cite web}}
: CS1 maint: unrecognized language (link) in conjunction with "Section 16 of the German Beschäftigungsverordnung" (in German). 2004-11-22. Retrieved 2007-11-28.{{cite web}}
: CS1 maint: unrecognized language (link). - ^ This is set out in detail in the Common Consular Instructions:"Consolidated verion of the Common Consular Instructions on Visas for the Diplomatic Missions and Consular Posts" (PDF) (in English). 2003-05-01. Retrieved 2007-11-25.
{{cite web}}
: CS1 maint: unrecognized language (link). - ^ "Consolidated verion of the Council Regulation (EC) No 415/2003 of 27 February 2003 on the issue of visas at the border, including the issue of such visas to seamen in transit" (PDF) (in English). 2003-03-07. Retrieved 2007-11-25.
{{cite web}}
: CS1 maint: unrecognized language (link). - ^ Article 12 sec. 2 sentence 1 of the Schengen agreement.
- ^ Article 12 sec. 2 sentence 2 of the Schengen agreement.
Further reading
- [2]Dissertation Topic for architecture Studies. Nicolas Pannetier and Simon Brunel were interested in the disappearance of internal border after Schengen agreement. To complete their research, they travelled along the former 237 checkpoints from Swinoujscie to San Bartolomeo.
- Abolition of internal borders and creation of a single EU external frontier European Commission
- The Schengen Acquis (Official document listing all related agreements)
- Switzerland joins Schengen BBC News article
- Schengen Visa Website (last updated 2003)
- The Schengen area European Navigator
- "Britain open to terror suspects in EU loophole" Daily Telegraph 21 Jan 2007
- "House of Lords European Union Committee Report on SISII" House of Lords 2 March 2007 (Inquiry in to the UK implementation of SIS and progress of SIS II)