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== Legal basis of the Schengen rules == |
== Legal basis of the Schengen rules == |
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=== Provisions in the Treaties of the European Union === |
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The legal basis in the [[primary legislation]] of the European Union for Schengen 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 treaties, currently numbered as Title IV, and comprising articles 61 to 69.<ref>[http://eur-lex.europa.eu/en/treaties/dat/11997D/htm/11997D.html The Treaty of Amsterdam]</ref><ref>[http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/ce321/ce32120061229en00010331.pdf Consolidated versions of the TEU and the TEC]</ref> |
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=== Two Schengen agreements === |
=== Two Schengen agreements === |
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The two agreements which are commonly referred to as ''Schengen Agreement'' are: |
The two agreements which are commonly referred to as ''Schengen Agreement'' are: |
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* The 1985 ''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'',<ref>[http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:42000A0922(01):EN:HTML 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].</ref> also known as ''Schengen I'', which provided for ''simple visual surveillance of private vehicles crossing the common border at reduced speed, without requiring such vehicles to stop.'' Persons who did not have to meet specific requirements at internal borders, as, for example, visa requirements, could use this fast lane procedure by affixing ''to the windscreen a green disc measuring at least eight centimetres in diameter.'' |
* The 1985 ''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'',<ref>[http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:42000A0922(01):EN:HTML 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].</ref> also known as ''Schengen I'', which provided for ''simple visual surveillance of private vehicles crossing the common border at reduced speed, without requiring such vehicles to stop.'' Persons who did not have to meet specific requirements at internal borders, as, for example, visa requirements, could use this fast lane procedure by affixing ''to the windscreen a green disc measuring at least eight centimetres in diameter.'' |
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* The 1990 ''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'',<ref>[http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:42000A0922(02):EN:HTML ''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].</ref> also known as ''Schengen II'' or ''CIS''. |
* The 1990 ''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'',<ref>[http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:42000A0922(02):EN:HTML ''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].</ref> also known as ''Schengen II'' or ''CIS''. |
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These two agreements have been republished in the [[Official Journal of the European Communities]] through the ''Council decision concerning the definition of the Schengen acquis'' and form the most important part of the [[secondary legislation]] regarding Schengen of the EU. |
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=== European Union Regulations === |
=== European Union Regulations === |
Revision as of 16:15, 28 December 2007
The term Schengen Agreement is used for two agreements concluded between European states which deal with the abolition of systematic border controls between the participating countries. By the Treaty of Amsterdam, the two agreements themselves and all decisions that have been enacted on their basis have been incorporated into the law of the European Union. This body of legal provisions is referred to as the Schengen Acquis.[1] Subsequent amendments to that acquis, including the Schengen Agreements themselves, have been made in form of European Union regulations. The main purpose of the establishment of the Schengen rules is the complete abolition of physical borders between European countries.[2]
The Schengen rules apply among most European countries, covering a population over 400 million and a total area of 4,268,633 km2 (1,648,128 sq mi). They include 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.
A total of 30 states, including all European Union states and three non-EU members (Iceland, Norway, and Switzerland), are subject to the Schengen rules, and 24 have implemented them 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 between the states which form the Schengen area.[3] A common Schengen visa allows tourists or other visitors access to the area. Holders of residence permits to a Schengen state enjoy the freedom of travel to other Schengen states for a period of up to three months.
Legal basis of the Schengen rules
Provisions in the Treaties of the European Union
The legal basis in the primary legislation of the European Union for Schengen 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 treaties, currently numbered as Title IV, and comprising articles 61 to 69.[4][5]
Two Schengen agreements
The two agreements which are commonly referred to as Schengen Agreement are:
- The 1985 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,[6] also known as Schengen I, which provided for simple visual surveillance of private vehicles crossing the common border at reduced speed, without requiring such vehicles to stop. Persons who did not have to meet specific requirements at internal borders, as, for example, visa requirements, could use this fast lane procedure by affixing to the windscreen a green disc measuring at least eight centimetres in diameter.
- The 1990 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,[7] also known as Schengen II or CIS.
These two agreements have been republished in the Official Journal of the European Communities through the Council decision concerning the definition of the Schengen acquis and form the most important part of the secondary legislation regarding Schengen of the EU.
European Union Regulations
Other relevant legal texts which form part of the Schengen laws include:
- The Schengen Borders Code,[8] repealing the parts of the Convention Implementing the Schengen Agreement, dealing in detail with border controls and the prerequisits for entry by third-country nationals;
- The Council Regulation (EC) No 539/2001,[9] dealing with the visa requirement for short stays in the Schengen area according to nationality;
- The Council Regulation (EC) No 693/2003,[10] which deals with the transit from the main part of Russia to the Kaliningrad area;
- The Common Consular Instructions on Visas for the Diplomatic Missions and Consular Posts,[11] which contains rules of procedure for the issuance of visa;
- The Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas;[12]
- The 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), governing the introduction of the second generation of the Schengen Information System.[13]
- The Council Regulation (EC) No 343/2003, dealing with the question which member state is responsible to handle an asylum request lodged by a third-country national,[14] also referred to as Dublin II;
- The Commission Regulation (EC) No 1560/2003,[15] setting out detailed procedures for the application of the Dublin II regulation.
Rules concerning border controls
Travel without internal border controls
Before the implementation of the Schengen II Agreement, citizens of western Europe 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; thus, 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 implementaion of the Schengen rules, border posts have been closed (and often demolished) between participating countries. The Schengen Borders Code requires participating states to remove all obstacles to free traffic flow at internal borders.[16] Thus, road traffic is no longer delayed; road, rail and air passengers no longer have their identity checked by border guards when crossing borders (however, security controls by carriers are still permissible).[17] Citizens of non-EU, non-EEA countries who wish to visit Europe, and who require a visa to enter the Schengen area, receive a common Schengen Visa from the Embassy or Consulate of the Schengen country of their main destination, or, if such main destination cannot be identified, the state they intend to visit first; they may then visit any of the Schengen countries without hindrance. However, in some exceptional cases, visas can be restricted to just certain member states.
Regulation of external border controls
Not only does the Schengen Agreement remove border checks between participating countries, but participating nations co-ordinate external controls. 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 a European Union regulation called Schengen Borders Code.[18] 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).
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.[19] 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;[20] 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.[21]
The border controls are located at roads crossing a border, at airports, at seaports, and onboard trains.[22] Usually there is no fence along borders in the terrain, but there are exceptions like the Ceuta border fence. Fence is partially located at the border between Slovakia and Ukraine. [clarification needed] 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 law 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.[23] 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.
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-country nationals for entry are as follows:[24]
- 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;[25]
- 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.
There is an exception of these rules for the citizens of Croatia. Based on the Pre-Schengen bilateral agreements between Croatia and its neighboring EU countries (Italy, Hungary and Slovenia), Croatian citizens are allowed to cross the border with ID card only (passport not obligatory). There has been many disputes whether Croatian citizens will lose this right on 21 December 2007 when Schengen control was established on the land border with Hungary and Slovenia, as well as the sea border with Italy. Many people living near the border cross it several times a day (some work across the border, or have land), especially on the border with Slovenia, which was unmarked for more than 40 years as Croatia and Slovenia were part of Yugoslavia. As Croatia is about to join EU in the matter of years, an interim solution, that got the green light from European Commission, was found: Every Croatian citizen is allowed to cross the Schengen border with an ID card and evidention card that is issued by Croatian police at border exit control. Police authorities of Hungary, Italy or Slovenia will then stamp the evidention card both on entry and on exit. Croatian citizens, however, are not allowed to enter any other Schengen agreement countries without a valid passport with the entry stamp, but are allowed to travel between Hungary, Italy and Slovenia. This practice will be abandoned once Croatia becomes an EU member state, which will allow its citizens to enter any member country with an ID only.
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.[26] For stays which exceed three months, so-called national visa (category D) are issued by the relevant Schengen state where the third-country national 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.[27]
Schengen visa
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.[28] 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 Hong Kong 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.[29]
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:[30]
- 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 road (FTD) or rail (FRTD) transit only from the main part of the Russian Federation to its western exclave Kaliningrad Oblast.
Under certain conditions, seamen are issued visa at the border in order to board a ship or travel home from a ship in a Schengen harbor. Furthermore, visa may also be issued at the border in exceptional cases, e.g. emergencies.[31]
To obtain a Schengen visa, a traveller must take the following steps:
- He must first identify which Schengen country is 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.[32] If the main destination cannot be determined, he should file the visa application at the embassy or consultate of the Schengen country of first entry.[33][34] 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.
Internal movement of holders of a residence title
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.[35] 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.[36]
Temporary reintroduction of internal border controls
A Schengen state is permitted by articles 23-31 of the Schengen Borders Code to reinstate border controls for a short period if 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 in August 2005. Germany used it for the 2006 FIFA World Cup and again in 2007 for the 33rd G8 summit in Heiligendamm.
Rules concerning police 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 System. This means that potentially problematic persons cannot 'disappear' simply by moving from one Schengen country to another.
Hot pursuit and cross-border police cooperation
Under Article 41 of the 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 be in uniform, or their vehicles have to be marked as police vehicles and weapons may be used only in 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.[37]
Information sharing: Prüm Convention and Schengen III Regulation
An agreement was signed on 27 May, 2005 by 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.[38] The Visa Information System, to be rolled-out in 2009, could be in the future the largest biometric database in the world.[39]
Internal controls still permissible
Air security
When travelling by air between Schengen countries, identification (usually passport or national ID card) is regularly requested. Whilst this is not a Schengen rule, it is an air security requirement even when flying domestically.
ID checks at hotels and other places
According to the Schengen rules, hotels and other types of accommodation must register the name, citizenship and ID number of all foreign citizens [40]. For this reason, a passport or a national ID card must be produced.
Customs control
While border controls serve the purpose of checking whether a person meets the entry and exit requirements, a customs border control relates to the goods that are transported accross a border. The Schengen rules do not relate to the inspection of goods, and leave the customs laws unaffected.
Most member states of the Schengen area are also members of the European Union, among which customs controls have been abolished, leaving no checks at the borders. Customs checks remain 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 that state is located outside the EU common customs area; this e.g. between Heligoland and mainland Germany. With respect to travel between EU members where one is non-Schengen, there are identity (passport) checks, but no customs checks; this applies between Ireland, the U.K. and the European Continent.
Some member states maintain checks with respect to controlled substances. For example, the Dutch policy on drugs differs from that of the French, and a person could buy drugs in the Netherlands and transport them to France to sell them on the black market; thus France insisted on maintaining border controls on people entering France from the Benelux countries. [citation needed]
Sweden and Finland maintain some customs checks in order to control the smuggling of drugs and alcohol. The Schengen treaty allows this, so long as cars are only stopped when a suspicion of smuggling has been established.[41]
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 all travellers who are not members of the Nordic Agreement.[42]
Since the customs forces form the financial police of a state, some countries allow their customs authorities to conduct routine inland checks on persons, vehicles, and goods, e. g. to detect untaxed goods, illegal workers, or persons abusing social benefits.
Status of membership and implementation
As of 21 December 2007, 24 states and Monaco had abolished border controls on persons among themselves, an increase from 15 on 20 December 2007. The nine new countries which entered the Schengen travel area are: The Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia.[43] Cyprus, which entered the European Union at the same time as the above states, will delay joining the Schengen zone by one year. Two latest EU entrants, namely Romania and Bulgaria, are enhancing respective security systems to qualify for joining the Schengen territory. The existing 15 countries have been: Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Italy, Greece, Luxembourg, Netherlands, Norway, Portugal, Spain and Sweden. Of these, two countries, Norway and Iceland, are not EU members. On the other hand, present EU members the United Kingdom and Ireland have so far declined to fully apply the Schengen provisions, preferring to keep control over cross-border flows as a matter of national responsibility. Notably, European Union leaders enthusiastically celebrated enlargement of the Schengen territory. The German Chancellor Angela Merkel took centre-stage on the Polish-German border.[44] Any non-Schengen traveller having a valid Schengen visa has been allowed to travel throughout these 25 countries from 21 December 2007.
Development of membership
The Schengen I agreement was originally signed on 14 June 1985, by five European states of Belgium, France, West Germany, Luxembourg, and the Netherlands.[45] The Convention Implementing the Schengen Agreement, signed on 19 June 1990, put the agreement into practice. The signing of each of those agreements took place near the small town of Schengen in Luxembourg, where the borders of Luxembourg, France, and Germany meet. The second agreement had been signed aboard the ship Princesse Marie-Astrid on the Moselle River, near Schengen. The place of signing gave the treaties their names.[46]
For each member state there has been a delay between signing and actual implementation. 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 its provisions.
Current Membership
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- 1 Greece incompletely implemented the agreement and requires a different visa for citizens of the former Yugoslav Republic of Macedonia because of the Macedonia naming dispute.[citation needed]
- 2 Limited membership only
- 3 Not a member state of the European Union
Status of the United Kingdom and the Republic of Ireland
The United Kingdom and Republic of Ireland are the only two EU members to which the Schengen rules do not fully apply: both have an opt-out. The UK and the Republic of Ireland maintain a Common Travel Area with no border controls; thus the Republic is unable to join Schengen without dissolving this agreement with the UK, and incurring controls at its border with Northern Ireland. The UK remains reluctant to surrender its own border control system. In 1999, the Republic of Ireland and the UK had opted to participate in a number of provisions of the Schengen acquis, and this was granted by the EU Council on May 29, 2000.[47] Therefore, the part of the Schengen rules which cover police co-operation do apply on the British Isles, but not of the regulations covering visas and border controls.
The reluctance of the UK government to join the agreement has been criticised by the House of Lords, which accused the government of hampering the fight against cross-border crime due to the inability of the UK to access the Schengen Information System, which contains data on potentially problematic persons.[48]
In October 2007, the UK Government announced plans to introduce an electronic border control system by 2009 and this led to speculation that the Common Travel Area would end.[49] However, in response to a question on the issue, the Irish Taoiseach stated "On the question of whether this is the end of the common travel area and should we join Schengen, the answer is 'No'."[50]
Current inclusions
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 member states are indirectly covered, and do not apply border controls against the Schengen area:
- Greenland and the Faroe Islands, although formally excluded from the Schengen Agreement, are integrated. (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, 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.[citation needed]
- Mount Athos, an important Orthodox 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. [51][52]
- 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: the Schengen laws are administered as if Monaco were a part of France, with French authorities carrying out checks at Monaco's sea port.
Exceptions of note
The following territories of the membership countries are currently not covered by the Schengen laws:
- All overseas regions of France
- Aruba and the Netherlands Antilles of the Kingdom of the Netherlands
- Büsingen of Germany
- Svalbard of Norway
- Northern Cyprus
- Liechtenstein, which has not yet entered into a Schengen-related association with the European Union, has an open border with Switzerland (which has not yet implemented the agreement), but still conducts border checks on its border with Austria, an EU member. 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 and the EU Council of Ministers gave assent to the start of the negotiations in late February 2006. Liechtenstein is expected to implement the Schengen laws in 2008.[53] For Switzerland, expecting to implement the Schengen laws on 1 November 2008, the issue of its open border with Liechtenstein remains. If it is not possible for Liechtenstein to implement the Schengen rules at the same time as Switzerland (as some EU states states want to use the Schengen enlargement to pressure Liechtenstein over fraud issues), an interim solution will have to be found, in order to avoid Switzerland introducing border checks with Liechtenstein, even for a short time.[54]
- Vatican City has expressed a desire to be associated to the Schengen system. 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.[55]
- Andorra is not integrated into the Schengen area, and border controls remain between it and both France and Spain. Citizens of EU countries require their national identity card to enter Andorra, while anyone else requires a passport or equivalent.[56]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.[57]
Current implementation
States that have already implemented the Schengen rules:
Belgium France Germany Luxembourg Netherlands Portugal Spain | |
Italy | |
Austria | |
Greece | |
Denmark Finland Iceland Norway Sweden | |
Czech Republic Estonia Hungary Latvia Lithuania Malta Poland Slovakia Slovenia |
Prospective date of implementation | Implementing State |
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November 2008[59] | Switzerland and Liechtenstein |
2009[60] | Cyprus |
2011 | Bulgaria[61] and Romania[62] |
Before fully implementing the Schengen laws, 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 has reviewed the results between April and September of 2007.[63]
History
Pre-Schengen free-travel zones in Europe
Before World War I, one could travel from Paris to Saint Petersburg without a passport.[64] 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 travelling 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 between themselves; this agreement was put into force in 1948.
Similarly, the Nordic Passport Union was created in 1952 to permit free travel amongst the Nordic countries of Denmark, Finland, Iceland, Norway and Sweden and some of their associated territories.
Inclusion of the Schengen Laws into the European Union
All states which belong to the Schengen area are European Union members, except Norway, Iceland, Liechtenstein and Switzerland, which are members of the European Free Trade Association (EFTA). 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,[65]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,[66] 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.[67] 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.
See also
References and notes
- ^ The Schengen Acquis had been legally defined by the Council Decision of 20 May 1999 concerning the definition of the Schengen acquis for the purpose of determining, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which constitute the acquis (1999/435/EC).
- ^ At the Schengen I signing ceremony, the "Belgian secretary of state for European affairs said that the agreement’s ultimate goal was "to abolish completely the physical borders between our countries," while Luxembourg’s minister of foreign affairs called it "a major step forward on the road toward European unity," directly benefiting signatory state citizens and "moving them a step closer to what is sometimes referred to as 'European citizenship'." cited on p.48 of Willem Maas, Creating European Citizens, Rowman & Littlefield 2007 ISBN 978-0-7425-5486-3.
- ^ "Schengen area" is the common name for states that have implemented the agreement.
- ^ The Treaty of Amsterdam
- ^ Consolidated versions of the TEU and the TEC
- ^ 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.
- ^ 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.
- ^ 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).
- ^ 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, original text; this regulation had been amended several times; thus, the lists mentioned in the document linked to is not current.
- ^ 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.
- ^ Common Consular Instructions on Visas for the Diplomatic Missions and Consular Posts
- ^ Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas.
- ^ 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).
- ^ 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
- ^ Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 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.
- ^ Article 22 of the Schengen Borders Code.
- ^ Article 21 (b) 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). - ^ 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 II Agreement.
- ^ 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 of the Schengen II Agreement for third-country nationals requiring a visa; Article 20 of the Schengen II Agreement for third-country nationals who do not require such visa.
- ^ Article 21 of the Schengen II 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 II Agreement.
- ^ Article 12 sec. 2 sentence 2 of the Schengen II Agreement.
- ^ Ministry of Foreign Affairs of Denmark, Embassy of Denmark, New Delhi. "Visa requirements for Indians travelling to Denmark".
{{cite web}}
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ignored (help)CS1 maint: multiple names: authors list (link) - ^ 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) - ^ Example: Press releases 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) - ^ "Controversial data-sharing deal to get the go-ahead". euobserver.com.
- ^ "EU to create world's biggest bio-data pool". euobserver.com.
- ^ Schengen Aquis article 45
- ^ Cf. Article 21 of the Schengen Borders Code, which allows for such checks “insofar as the exercise of those powers does not have an effect equivalent to border checks”, as further defined in that Article.
- ^ Information of the airport company of Reykjavik/Iceland: Passport Control & Schengen, section Schengen does not change customs control procedures in the Schengen territory: “Travellers to this country from a European country within the Schengen territory are […] subject to the same regulations as before concerning routine customs inspection in Leifur Eiriksson Terminal or at a harbour in this country.”
- ^ Council Decision of 6 December 2007 on the full application of the provisions of the Schengen acquis in the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic
- ^ Europe broadly welcomes enlarged Schengen pact
- ^ "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". Official Journal. L 239. EUR-Lex: 0013–0018. 2000-09-22. Retrieved 2007-12-27.
- ^ http://www.immihelp.com/visas/schengenvisa/schengen-agreement.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) - ^ "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.
- ^ 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}}
: Missing or empty|title=
(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.
- ^ Govern d'Andorra Ministeri de Turisme i Medi Ambient. "Customs and franchises". Retrieved 2007-12-25.
- ^ Govern d'Andorra Ministeri de Turisme i Medi Ambient. "Frequently asked questions". Retrieved 2007-12-25.
- ^ "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.
- ^ "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) - ^ Lindsay, David (2006-12-10). "Malta to be included in passport-free Schengen zone by end 2007". The Malta Independent. Retrieved 2007-10-22.
- ^ 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.
- ^ Hawley, Charles (2004-08-02). "Hot topic in Germany: aggression in World War I". The Christian Science Monitor. Retrieved 2007-12-23.
{{cite news}}
: Check date values in:|date=
(help) - ^ 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).
Further reading
- 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)