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{{Short description|Area of {{SCHENGENnum}} European states without mutual border controls}} |
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The '''Schengen Area''' is a group of 25 European countries which have abolished all border controls between each other. It originates from the [[Schengen Agreement|eponymous agreement]] signed in the Luxembourgish town of Schengen in 1985, which has since been absorbed into the [[European Union]]. All EU members except [[Republic of Ireland|Ireland]] and the [[United Kingdom]] are required to implement Schengen and, with the exception of [[Bulgaria]], [[Cyprus]] and [[Romania]], have done so. Three non-member states: [[Iceland]], [[Norway]] and [[Switzerland]], have both signed up to, and implemented the Schengen rules. As such the Area currently covers population of over 450 million people and an area of {{convert|4312099|km2|sqmi|0|spelling=uk}}. |
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{{Redirect|Schengen}} |
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{{Use British English|date=March 2013}} |
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{{Use dmy dates|date=November 2020}} |
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{{Infobox geopolitical organization |
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Implementing the Schengen rules involves eliminating border controls with other Schengen members whilst strengthening border controls with non-member states. The rules include provisions on common [[Immigration policy|policy on the temporary entry of persons]] (including the Schengen Visa), the harmonisation of external border controls, and cross-border police and judicial co-operation. |
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| name = '''Schengen Area''' |
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| image_map = Map of the Schengen Area.svg |
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| map_caption = Map of the Schengen Area |
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{{leftlegend|#003399|Schengen Area}} |
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{{leftlegend|#a050ff|Schengen Area<br>(air and maritime borders only)}} |
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{{leftlegend|#27a4bb|Countries with open borders to the Schengen area}} |
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{{leftlegend|#ffa500|Members of the EU committed by treaty to join the Schengen Area in the future}} |
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| org_type = [[Open border]] area of the [[European Union]] |
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| established = 26 March 1995 |
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| membership_type = Members |
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| membership = {{Collapsible list |
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| titlestyle = background:transparent; text-align:left; font-weight:normal |
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| title = 29 states |
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| {{Flaglist|Austria}} |
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| {{Flaglist|Belgium}} |
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| {{Flaglist|Bulgaria}}{{efn|name=partial|Only air and sea borders}} |
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| {{Flaglist|Croatia}} |
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| {{Flaglist|Czech Republic}} |
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| {{Flaglist|Denmark}} |
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| {{Flaglist|Estonia}} |
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| {{Flaglist|Finland}} |
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| {{Flaglist|France}} |
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| {{Flaglist|Germany}} |
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| {{Flaglist|Greece}} |
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| {{Flaglist|Hungary}} |
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| {{Flaglist|Iceland}}{{efn|name=notEU|Not an [[EU member]]}} |
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| {{Flaglist|Italy}} |
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| {{Flaglist|Latvia}} |
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| {{Flaglist|Liechtenstein}}{{efn|name=notEU}} |
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| {{Flaglist|Lithuania}} |
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| {{Flaglist|Luxembourg}} |
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| {{Flaglist|Malta}} |
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| {{Flaglist|Netherlands}} |
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| {{Flaglist|Norway}}{{efn|name=notEU}} |
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| {{Flaglist|Poland}} |
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| {{Flaglist|Portugal}} |
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| {{Flaglist|Romania}}{{efn|name=partial}} |
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| {{Flaglist|Slovakia}} |
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| {{Flaglist|Slovenia}} |
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| {{Flaglist|Spain}} |
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| {{Flaglist|Sweden}} |
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| {{Flaglist|Switzerland}}{{efn|name=notEU}} |
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}} |
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| area_km2 = 4595131 |
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| population_estimate = 453,324,255 |
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| population_estimate_year = 2021 |
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| population_density_km2 = 98.7 |
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| GDP_nominal = {{Increase}}{{Spaces}}$19.213 trillion<ref name="GDP">{{Cite web |title=World Economic Outlook Database, October 2023|url=https://www.imf.org/en/Publications/WEO/weo-database/2023/October/weo-report?c=122,124,918,960,935,128,939,172,132,134,174,944,176,136,941,946,137,181,138,142,964,182,968,936,961,184,144,146,&s=NGDP_RPCH,NGDPD,PPPGDP,NGDPDPC,PPPPC,LP,&sy=2022&ey=2024&ssm=0&scsm=1&scc=0&ssd=1&ssc=0&sic=0&sort=country&ds=.&br=1 |access-date=31 March 2024 |website=IMF.org |publisher=International Monetary Fund}}</ref> |
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| GDP_nominal_per_capita = {{Increase}}{{Spaces}}$42,237 |
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| GDP_nominal_year = 2023 |
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| GDP_PPP = {{Increase}}{{Spaces}}$25.926 trillion<ref name="GDP" /> |
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| GDP_PPP_per_capita = {{Increase}}{{Spaces}}$56,997 |
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| GDP_PPP_year = 2023 |
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}} |
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{{Politics of the European Union}} |
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The '''Schengen Area''' ({{IPAc-en|lang|ˈ|ʃ|ɛ|ŋ|ən}} {{respell|SHENG|ən}}, {{IPA-ltz|ˈʃæŋən|Lang|Lb-Schengen.ogg}}) is an area encompassing {{SCHENGENnum}} [[Europe]]an countries that have officially abolished [[border control]]s at their mutual borders. Being an element within the wider [[area of freedom, security and justice]] policy of the [[European Union]] (EU), it mostly functions as a single jurisdiction under [[visa policies in the European Union|a common visa policy]] for international travel purposes. The area is named after the 1985 [[Schengen Agreement]] and the 1990 [[Schengen Convention]], both signed in [[Schengen, Luxembourg]]. |
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==Membership== |
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As of 21 December 2007, 24 states and [[Monaco]] (treated as part of France) 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 in 2007 were: the [[Czech Republic]], [[Estonia]], [[Hungary]], [[Latvia]], [[Lithuania]], [[Malta]], [[Poland]], [[Slovakia]] and [[Slovenia]].<ref>[http://eur-lex.europa.eu/LexUriServ/site/en/oj/2007/l_323/l_32320071208en00340039.pdf ''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'']</ref> These states all entered the EU three years previously. [[Switzerland]] entered the Schengen area on 12 December 2008. Any non-Schengen traveller having a valid Schengen visa has been allowed to travel throughout these 25 countries from their accession. They were required to upgrade their border checks with non-Schengen states before border controls would be dropped with them. Cyprus, which entered the EU alongside these other states, did not meet the criteria and thus has requested a delay for a year, while Romania and Bulgaria, which joined the EU in 2007, are still bringing their border controls up to the required standard. |
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Of the {{EUnum}} [[EU member states]], 25 are part of the Schengen Area. [[Bulgaria]] and [[Romania]], the newest members having joined on 31 March 2024, only have air and maritime borders open, with land border controls remaining in place pending agreement to lift them. The only EU member states that are not part of the Schengen Area are [[Cyprus]] and [[Republic of Ireland|Ireland]]. Cyprus is legally obliged to join in the future, while Ireland maintains an [[Opt-outs in the European Union|opt-out]] and operates [[Visa policy of Ireland|its own visa policy]]. |
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Before the 2007 expansion, the existing fifteen Schengen countries were [[Austria]], [[Belgium]], [[Denmark]], [[Finland]], [[France]], [[Germany]], [[Greece]], [[Iceland]], [[Italy]], [[Luxembourg]], [[Netherlands]], [[Norway]], [[Portugal]], [[Spain]] and [[Sweden]]. All but Iceland and Norway are EU members while the [[United Kingdom]] and the [[Republic of Ireland|Ireland]] have not opted into the Schengen provisions relating to border controls, preferring to keep control over cross-border flows as a matter of [[Common Travel Area|joint responsibility]]. (See the section on the [[Schengen_Agreement#Status of the United Kingdom and Ireland|Status of the United Kingdom and Ireland]].) |
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In addition to the member states of the European Union, all member states of the [[European Free Trade Association]], namely [[Iceland]], [[Liechtenstein]], [[Norway]] and [[Switzerland]], have signed association agreements with the EU to be part of the Schengen Area. Moreover, three [[Microstates and the European Union|microstates]], [[Monaco]], [[San Marino]] and [[Vatican City]], are de facto members of the Schengen Area due to their size and impossibility of maintaining active border controls.<ref name="Swift Tourism">{{cite web |url=http://www.swifttourism.com/visit-europe.html |title=Tourist, Student and Work visa to Europe |publisher=Swift Tourism |year=2010 |access-date=14 September 2011 |archive-date=5 September 2017 |archive-url=https://web.archive.org/web/20170905071334/http://www.swifttourism.com/visit-europe.html |url-status=dead}}</ref><!-- Please do not add Gibraltar. As of January 2021, there are checks at the border. Multiple sources say that passports are required. --> |
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{| class="wikitable sortable" width=100% |
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! class="unsortable"| Flag |
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The Schengen Area has a population of more than 450 million people and an area of {{convert|4595131|km2|sqmi|0}}. About 1.7 million people commute to work across an internal European border each day, and in some regions these people constitute up to a third of the workforce. In 2015, there were 1.3 billion crossings of Schengen borders in total. Fifty-seven million crossings were due to transport of goods by road, with a value of €2.8 trillion.<ref name="europarl"/><ref name="ECFR">{{cite web |title=The Future of Schengen |author=European Council on Foreign Relations |date=2016 |access-date=2017-06-15 |url=http://www.ecfr.eu/specials/scorecard/schengen_flash_scorecard}}</ref><ref name="barriers">{{cite news |title=Schengen's economic impact: Putting up barriers |newspaper=[[The Economist]] |date=2016-02-06| access-date=2017-06-15 |url=https://www.economist.com/news/briefing/21690065-permanent-reintroduction-border-controls-would-harm-trade-europe-putting-up-barriers}}</ref> The decrease in the cost of trade due to Schengen varies from 0.42% to 1.59% depending on geography, trade partners, and other factors. Countries outside of the Schengen Area also benefit.<ref name="CEPR"/> States in the Schengen Area have strengthened border controls with non-Schengen countries.<ref>{{cite web |title=The refugee crisis: Fixing Schengen is not enough |url=https://www.cer.eu/insights/refugee-crisis-fixing-schengen-not-enough |access-date=14 December 2018}}</ref> |
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! State |
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! Area <small>(km²)</small> |
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{{TOC limit|3}} |
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! Signed or opted in |
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! Date of first implementation |
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== History == |
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! class="unsortable"| Scope of implementation |
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===European borders prior to Schengen=== |
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! class="unsortable"| Exempted territories |
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{{Main|Nordic Passport Union|Benelux}} |
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Before the [[First World War]], most countries of the world, including Europe, had lax border policies, facilitating such educational trips as the [[Grand Tour]] amongst the upper classes. |
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Visas became commonplace during the [[interwar period]], as did border controls. After the [[Second World War]], however, customs unions arose between various European countries. The [[Nordic Passport Union|Nordic countries allowed free movement and residence between them in 1954]], and the countries of [[Benelux]] abolished their mutual borders in 1960. This reflected a greater trend towards European integration; the [[European Communities]] (EC), the predecessor of the EU, was established in the 1950s for economic cooperation. |
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===Schengen Agreement=== |
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{{Main|Schengen Agreement}} |
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The Schengen Agreement was signed on 14 June 1985 by five of the ten [[Member states of the European Union|EC member states]]<ref name="BBCWorld">{{citation |title=Fortress Europe |publisher=[[BBC World Service]] |url=http://www.bbc.co.uk/worldservice/theneweurope/wk22.htm}}</ref> in the town of [[Schengen, Luxembourg]]. The Schengen Area was established separately from the [[European Communities]], when consensus could not be reached among all EC member states on the abolition of border controls. |
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The Agreement was supplemented in 1990 by the Schengen Convention, which proposed the abolition of internal border controls and a common visa policy.<ref name="Baltic Legal">{{citation |title=Schengen area by Latvian Law Firm |publisher=Baltic Legal |url=http://www.immigration-residency.eu/counsel/schengen-area/}}</ref> The Agreements and the rules adopted under them were entirely separate from the [[Institutions of the European Union|EC structures]], and led to the creation of the Schengen Area on 26 March 1995.<ref>{{cite web |url=http://biblio.ucv.ro/bib_web/bib_pdf/EU_books/0056.pdf |title=The Schengen Area |publisher=[[European Commission]] |access-date=15 September 2011}}</ref> |
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As more EU member states signed the Schengen Agreement, consensus was reached on absorbing it into the procedures of the EU. The Agreement and its related conventions were incorporated into the mainstream of [[European Union law]] by the [[Amsterdam Treaty]] in 1997, which came into effect in 1999. A consequence of the Agreement being part of European law is that any amendment or regulation is made within its processes, in which the non-EU members are not participants. |
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The UK, the Crown Dependencies, and the Republic of Ireland have operated a [[Common Travel Area]] (CTA) since 1923 (with passport-free travel and freedom of movement with each other), but the UK would not abolish border controls with any other countries and therefore opted out of the Agreement. While not signing the Schengen Treaty, the Republic of Ireland has always looked more favourably on joining, but has not done so in order to maintain the CTA and its open border with [[Northern Ireland]].<ref>{{cite web |url=http://historical-debates.oireachtas.ie/D/0450/D.0450.199503140014.html |first=Nora |last=Owen |author-link=Nora Owen |title=''Dáil Debates'' volume 450 column 1171 |date=14 March 1995 |archive-url=https://web.archive.org/web/20110607100817/http://historical-debates.oireachtas.ie/D/0450/D.0450.199503140014.html |archive-date=7 June 2011}}; {{cite web |url=http://historical-debates.oireachtas.ie/D/0501/D.0501.199903090246.html |first=John |last=O'Donoghue |author-link=John O'Donoghue (politician) |title=''Dáil Debates'' volume 501 column 1506 |date=9 March 1999}}{{dead link|date=July 2018 |bot=InternetArchiveBot |fix-attempted=yes }}; "Declaration by Ireland on Article 3 of the Protocol on the position of the United Kingdom and Ireland" attached to the Treaty of Amsterdam.</ref> |
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====Common Schengen Visa Policy ==== |
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{{Main|Visa policy of the Schengen Area}} |
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The common visa policy allows nationals of certain countries to enter the Schengen Area via air, land or sea without a visa for stays of up to 90 days within a 180-day period. Nationals of certain other countries are required to have a visa either upon arrival or in transit. |
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===Accession of Bulgaria and Romania=== |
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{{Split section|Accession of Bulgaria and Romania to the Schengen Area|date=December 2023|talk=Talk:Schengen Area#Split article about Bulgaria and Romania}} |
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Bulgaria and Romania are the most recent states to join the Schengen Area, with air and maritime controls between the two countries and the rest of the Schengen area lifted on 31 March 2024.<ref name="HÜLSEMANN-2023">{{cite web |last1=HÜLSEMANN |first1=LAURA |title=Romania, Bulgaria set to partially enter Schengen zone in March |url=https://www.politico.eu/article/romania-bulgaria-eu-schengen-zone-march-2024/ |website=Politico |date=28 December 2023 |access-date=30 December 2023}}</ref><ref name="Commission welcomes">{{Cite web|url=https://ec.europa.eu/commission/presscorner/detail/en/ip_23_6861|title=Bulgaria and Romania to join Schengen area starting with air and sea borders: Commission welcomes landmark Council decision|website=European Commission - European Commission}}</ref> This came after years-long opposition from other EU member states.{{which|date=March 2024}}{{Citation needed|date=March 2024}} |
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While Bulgaria and Romania, which joined the EU on 1 January 2007, were legally bound to join the Schengen Area, implementation had been delayed. On 15 October 2010, Bulgaria and Romania joined SIS II for law enforcement cooperation.<ref>[https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32010D0365 Council decision 29 June 2010 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania (2010/365/EU)] Europa</ref> On 9 June 2011, the [[Council of the European Union|Council of Ministers]] concluded that the evaluation process had been completed successfully and that the two countries fulfilled all technical accession criteria.<ref name="Commission welcomes" /> Bulgaria's and Romania's bids to join the Schengen Area were approved by the [[European Parliament]] in June 2011<ref>{{cite web |title=Schengen zone: Delay for Bulgaria and Romania to join |date=9 June 2011 |publisher=British Broadcasting Corporation |url=https://www.bbc.co.uk/news/world-europe-13709768 |access-date=9 June 2011}}</ref> but rejected by the Council of Ministers in September 2011, with the Dutch and Finnish governments citing concerns about shortcomings in anti-corruption measures and in the fight against organised crime.<ref name="nyt-defered">{{cite news |last=Castle |first=Stephen |title=Europe Denies 2 Nations Entry to Travel Zone |url=https://www.nytimes.com/2011/09/23/world/europe/romania-and-bulgaria-are-denied-entry-to-schengen-zone.html |archive-url=https://web.archive.org/web/20110924155245/http://www.nytimes.com/2011/09/23/world/europe/romania-and-bulgaria-are-denied-entry-to-schengen-zone.html |archive-date=2011-09-24 |url-access=subscription |url-status=live |access-date=23 September 2011 |newspaper=The New York Times|date=22 September 2011}}</ref><ref name="wsj-defered">{{cite news |last=Robinson |first=Frances |title=Bulgaria, Romania Blocked From Travel Zone |url=https://www.wsj.com/articles/SB10001424053111903791504576586951295398230 |access-date=25 September 2011 |newspaper=The Wall Street Journal|date=22 September 2011}}</ref> Although the original plan was for the Schengen Area to open its air and sea borders with Bulgaria and Romania by March 2012, and its land borders by July 2012,<ref name="wsj-defered" /> continued opposition from Germany, Finland and the Netherlands has delayed the two countries' entry to the Schengen Area.<ref>{{cite news |url=http://www.euroviews.eu/2014/04/22/bulgaria-made-to-wait-for-schengen-access/ |title=Bulgaria made to wait for Schengen access |last=Sutherland |first=Joe |date=22 April 2014 |newspaper=euroviews.eu |access-date=31 July 2014}}</ref><ref>{{cite news |url=http://www.euractiv.com/justice/romania-older-members-ready-sche-news-532132 |title=Romania tells EU: 'We are ready for Schengen when you are' |date=5 December 2013 |newspaper=euractiv.com |access-date=31 July 2014}}</ref> On 4 October 2017, the European Parliament voted for access of Bulgaria and Romania to the [[Schengen Information System]],<ref name="novinite.com">{{cite web |url=https://www.novinite.com/articles/183866/EP+Voted+For+%22Access%22+of+Bulgaria+and+Romania+to+the+Schengen+Visa+Information+System|title=EP Voted For "Access" of Bulgaria and Romania to the Schengen Visa Information System |website=Novinitem| publisher = Sofia News Agency}}</ref> on which they gained full access on 1 August 2018.<ref>{{Cite web|url= https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32018D0934 | title = 32018D0934 - EN | work = EUR-Lex}}</ref> Moreover, "the final political decision whether the two countries can become part of the Schengen Area and stop systematic border checks with neighbouring EU countries must be taken unanimously by all sides of the [[European Council]]."<ref name="novinite.com" /> On 11 December 2018, the European Parliament voted for the resolution in favour of accepting both countries, requiring the Council of the European Union to "act swiftly" on the matter.<ref>{{cite news |url= https://www.schengenvisainfo.com/european-parliament-votes-to-admit-bulgaria-and-romania-to-schengen-area/ |title=European Parliament Votes to Admit Bulgaria and Romania to Schengen Area |date=11 December 2018}}</ref><ref>{{Cite web|url= https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2018/2092(INI)&l=en|title=Procedure File: 2018/2092(INI) | work = Legislative Observatory | publisher = European Parliament}}</ref> |
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On 3 March 2022, Romanian MEP [[Eugen Tomac]] officially requested an answer through a parliamentary question regarding "what obstacles remain in the path of Romanian accession to the Schengen area 15 years after joining the EU" as fulfilment of the accession criteria was recognised on 9 June 2011.<ref>{{cite web |url= https://www.europarl.europa.eu/doceo/document/E-9-2022-000901_EN.html |title=Question for written answer to the Council E-000901/2022 Rule 138 Eugen Tomac (PPE) |date= 3 March 2022 |website= Europarl |access-date= 29 March 2022 |quote= Given the importance of abolishing EU internal border controls as part of the European integration process, what obstacles remain in the path of Romanian accession to the Schengen area 15 years after joining the EU? Can Council explain why more progress has been made in this direction with Croatia, the newest EU Member State?}}</ref> |
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A second attempt for Romania's accession to Schengen was to be established in the [[Justice and Home Affairs Council]] from 8–9 December 2022, with the EC announcing the topics on the agenda of the meeting,<ref name="Digi24-2022">{{Cite web |title=Aderarea României la Schengen va fi stabilită în Consiliul JAI din 8-9 decembrie. CE a anunțat temele de pe agenda reuniunii |url= https://www.digi24.ro/stiri/externe/aderarea-romaniei-la-spatiul-schengen-va-fi-stabilita-in-consiliul-jai-din-8-9-decembrie-ce-a-anuntat-temele-de-pe-agenda-reuniunii-2168883 |access-date= 2022-12-01 |website= Digi24 |date= 30 November 2022 |language=ro}}</ref> which failed following opposition by Austria,<ref name="austriaveto">{{Cite web |title=Nu intrăm în Schengen. Austria și Olanda au votat împotriva noastră |url= https://www.digi24.ro/stiri/externe/ue/ministrul-austriac-de-interne-astazi-voi-vota-contra-extinderii-schengen-cu-romania-si-bulgaria-2177591 |access-date=2022-12-08 |website= Digi24 |language= ro}}</ref> as officials considered Bulgaria and Romania to be a transit route for most [[Immigration to Austria|immigrants to the country]].<ref>{{Cite web |title=Ministrul austriac de Interne: "Are sens să includem Croația și să nu includem acum Bulgaria și România" în Schengen |url= https://www.digi24.ro/stiri/externe/ue/ministrul-austriac-de-interne-are-sens-sa-includem-croatia-si-sa-nu-includem-acum-bulgaria-si-romania-in-schengen-2172203 |access-date=2022-12-03 |website= Digi24 |date= 3 December 2022 |language=ro}}</ref> Romania disputes that assessment,<ref>{{cite web |last1=Ernst |first1=Julian |title= Romania: Austria's objections on Schengen bid are factually incorrect |url= https://www.romania-insider.com/ro-answers-austria-objections-schengen-dec-2022 |website=Romania Insider |access-date=7 December 2022 |date=7 December 2022}}</ref> and had unsuccessfully attempted to convince the Austrian government to vote for Romania's accession to Schengen.<ref>{{Cite web |last=Constanda |first=Ada |date= 2022-12-07 |title=Întrebarea pusă de trei ori de presa română prezentă la Viena și la care cancelarul Nehammer n-a răspuns |trans-title=The question asked three times by the Romanian media present in Vienna and to which Chancellor Nehammer did not answer |url=https://www.libertatea.ro/stiri/intrebarea-pusa-de-trei-ori-de-presa-romana-prezenta-la-viena-si-la-care-cancelarul-nehammer-n-a-raspuns-4372656 |access-date=2022-12-07 |website=Libertatea |language=ro}}</ref> Despite having declared support for Romania, the Netherlands also voted against due to its opposition for the accession of Bulgaria.<ref name="austriaveto" /> |
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In Romania, the Austrian veto caused strong indignation. As a result of the veto, [[Austria–Romania relations|relations between the two states]] were reduced following the withdrawal of Romania's ambassador to Austria from [[Vienna]].<ref>{{cite news|url= https://stirileprotv.ro/stiri/actualitate/protest-la-cel-mai-inalt-nivel-al-romaniei-fata-de-austria-ciuca-si-bode-se-contrazic-in-declaratii.html|title=Protest la cel mai înalt nivel al României față de Austria. Ciucă și Bode se contrazic în declarații|first1= Cosmin|last1=Stan|first2=Iulia|last2=Petcu|publisher=[[Pro TV]]|date=10 December 2022|language=ro}}</ref> A boycott against Austria by Romanian companies, entrepreneurs, museums and universities also began,<ref>{{cite news|url= https://adevarul.ro/stiri-interne/evenimente/romanii-se-razbuna-pe-austria-ce-companii-sunt-2226489.html|title=Românii se răzbună pe Austria. Ce companii sunt boicotate după refuzul Vienei de a ne accepta în Schengen|first=Maria|last=Țaga|newspaper=[[Adevărul]]|date=9 December 2022|language=ro}}</ref> and anti-Austrian inscriptions also appeared in branches of Austrian banks in Romania.<ref>{{cite news|url= https://adevarul.ro/stiri-locale/cluj-napoca/inscriptie-anti-austriaca-aparuta-pe-peretele-unei-2226684.html|title=Inscripție anti-austriacă apărută pe peretele unei sucursale Raiffeisen Bank din Cluj. Reacția polițiștilor|first=Ștefan|last=Lică|newspaper= Adevărul|date=10 December 2022|language=ro}}</ref> |
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According to [[Euractiv]], European institutions prepared to admit Bulgaria and Romania in the Schengen Area in 2023, with border control-free travel by air planned for October 2023, followed by the abolition of land border controls by 1 January 2024.<ref>{{Cite web |date=2023-06-22 |title=Bulgaria, Romania eye Schengen membership this year |url=https://www.euractiv.com/section/politics/news/bulgaria-romania-eye-schengen-membership-this-year/ |access-date=2023-06-23 |website=www.euractiv.com |language=en-GB}}</ref> In a resolution, which members of the [[European Parliament]] called on the [[Council of the European Union|Council]] to approve Romania and Bulgaria’s accession to the Schengen free-travel area by the end of 2023, adopted on 12 July with 526 votes in favour, 57 votes against, and 42 abstaining, Parliament stresses that "both countries have already fulfilled the necessary requirements to be admitted into Schengen".<ref>{{Cite web |date=12 July 2023|title=Bulgaria and Romania should be in Schengen by end of 2023, says Parliament |url=https://www.europarl.europa.eu/news/en/press-room/20230707IPR02431/bulgaria-and-romania-should-be-in-schengen-by-end-of-2023-says-parliament |access-date=13 July 2023 |website=[[European Parliament|EP]] |language=en-GB}}</ref> However, in September 2023 Austria reiterated its objection to admitting the countries to the Schengen Area.<ref>{{cite web|url=https://www.romania-insider.com/austria-rejects-commission-call-romania-bulgaria-schengen-2023|title=Austria rejects EC's call to allow Romania, Bulgaria into Schengen|date=2023-09-14|accessdate=2023-10-02}}</ref> In response, Romania threatened to challenge Austria's veto at the [[European Court of Justice]] to claim financial compensation.<ref>{{cite web|url=https://www.politico.eu/article/romania-austria-schengen-accession-lawsuit-marcel-ciolacu-croatia-bulgaria/|title=Romania threatens Austria with lawsuit over stalled Schengen accession|date=2023-09-15|accessdate=2023-10-02|first=HANNE|last=COKELAERE|publisher=[[Politico]]}}</ref> |
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On 30 December 2023, an agreement was reached for Bulgaria and Romania to join the Schengen Area for air and sea travel on 31 March 2024,<ref>{{Cite web |title=Schengen area: Controls at air and sea borders with Bulgaria and Romania will be lifted - European Commission |url=https://home-affairs.ec.europa.eu/news/schengen-area-controls-air-and-sea-borders-bulgaria-and-romania-will-be-lifted-2024-01-03_en |access-date=2024-01-19 |website=home-affairs.ec.europa.eu |language=en}}</ref><ref>{{cite web | url=https://ec.europa.eu/commission/presscorner/detail/en/ip_23_6861 | title=Press corner }}</ref> with land borders to be discussed later that year.<ref name="HÜLSEMANN-2023"/> Lifting air and sea borders is less controversial from refugee control perspective, because operators can be demanded to check identity documents before boarding, which is since long time common for routes inside the Schengen area, for example from Schengen member Greece to other members. |
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==Current members== |
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{{Schengen Agreement Labelled Map 2}} |
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The Schengen Area consists of {{SCHENGENnum}} countries, including four which are not members of the [[European Union]] (EU). Two of the non-EU members{{snd}}[[Iceland]] and [[Norway]]{{snd}}are part of the [[Nordic Passport Union]] and are officially classified as states associated with the Schengen activities of the EU.<ref name="associated-states"/> [[Switzerland]] was allowed to participate in the same manner in 2008, and [[Liechtenstein]] in 2011. |
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''De facto'', the Schengen Area also includes four European micro-states{{snd}}Andorra, Monaco, San Marino, and the Vatican City{{snd}}that maintain open or semi-open borders with other Schengen member countries.<ref>{{cite web |url= https://www.schengenvisas.com/list-of-non-schengen-countries-that-can-be-visited-with-a-schengen-visa/ |title= List of non-Schengen countries that can be visited with a Schengen visa |publisher= YOYO TRAVELS, Dubai |date=2021-01-14}}</ref> Although Andorra’s agreements with France and Spain make it effectively part of Schengen,<ref>{{cite web |url= https://www.exteriors.ad/en/travel-to-andorra |title=Travel to Andorra |publisher= Govern d'Andorra}}</ref> this can be avoided by requesting entry and exit stamps at the border.<ref>{{cite web |url= https://www.andorraresorts.com/blog/2022/andorra-schengen-area |title=Andorra and the Schengen Area |publisher= Andorra Resorts |date=2022-03-08}}</ref> |
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One EU member state{{snd}}[[Republic of Ireland|Ireland]]{{snd}}negotiated opt-outs from Schengen and continues to operate border controls with other EU member states, while at the same time being part of the open-border [[Common Travel Area]] with the [[United Kingdom]] (a [[Brexit|former EU member]] that had held a similar opt-out) and the [[Crown Dependencies]]. The remaining EU member state{{snd}}Cyprus{{snd}} is obliged by its [[Treaty of Accession|Treaties of Accession]] to join the Schengen Area eventually. However, before fully implementing the Schengen rules, the state must have its preparedness assessed in four areas: [[Controlled airspace|air borders]], [[visa (document)|visas]], police cooperation, and [[Information privacy|personal data protection]]. This evaluation process involves a questionnaire and visits by EU experts to selected institutions and workplaces in the country under assessment.<ref>{{cite web |url= http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_of_persons_asylum_immigration/l33020_en.htm |title=The Schengen Area and cooperation |publisher= Europa |date=2009-08-03}}</ref> |
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[[Bulgaria]] and [[Romania]], the newest members having joined on 31 March 2024, only have air and maritime borders open, with land border controls remaining in place pending agreement to lift them. |
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=== Summary table === |
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{|class="wikitable sortable" |
|||
|+Members of the Schengen Area |
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! width="300" |State |
|||
! Area<br />(km<sup>2</sup>) |
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! Population{{UN_Population|ref}}<br />({{UN_Population|Year}}) |
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! Date signed<br>{{refn|The original agreement, a subsequent protocol extending the agreement to the state, an agreement on accession to the EU, or agreement on association with the Schengen acquis.|group=Note}} |
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! Date of first<br />implementation<br>{{refn|Of the provisions related to the elimination of border controls. In some cases the provisions related to the [[Schengen Information System]] were applied earlier.|group=Note}} |
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|- |
|- |
||
| |
|{{flag|Austria}} |
||
|style="text-align:right;"|{{nts|83871}} |
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| [[Austria]] |
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| |
|style="text-align:right" |{{UN_Population|Austria}} |
||
|style="text-align:right;"|{{dts|format=dmy|1995|4|28}}<ref>{{cite web |url=https://verdragenbank.overheid.nl/en/Treaty/Details/006127.html |title=Protocol on the accession of the Government of the Republic of Austria to the Agreement between the Governments of the Member States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of controls at their common borders, signed at Schengen on 14 June 1985, as amended by the Protocols of 27 November 1990, 25 June 1991 and 6 November 1992 on the accession of the Governments of the Italian Republic, the Kingdom of Spain and the Portuguese Republic and the Hellenic Republic, respectively |access-date=2014-10-31 |publisher=Government of the Netherlands}}</ref> |
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| align="right" | {{dts|link=off|format=dmy| 1995|4|28}} |
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|style="text-align:right;"|{{dts|format=dmy|1997|12|1}}<ref name="Austria">{{cite web |url=https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10006000 |title=Beschluß des Exekutivausschusses zur Inkraftsetzung des Schengener Durchführungsübereinkommens in Österreich |language=de |trans-title=Resolution of the Executive Committee on the implementation of the Schengen Convention in Austria |date=1997-10-07 |access-date=2014-11-01}}</ref><ref name="Acquis">{{cite journal |url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:31999D0435 |title=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 |date=1999-07-10 |access-date=2014-11-01 |journal=[[Official Journal of the European Union]] |volume=L |number=176/1}}</ref>{{refn|The elimination of border controls took place from 1 December 1997 to 31 March 1998.<ref name="Austria"/>|group=Note}} |
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| align="right" | {{dts|link=off|format=dmy| 1997|12|1}} |
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| full |
|||
| |
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|- |
|- |
||
| |
|{{flag|Belgium}} |
||
|style="text-align:right;"|{{nts|30528}} |
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| [[Belgium]] |
|||
| |
|style="text-align:right" |{{UN_Population|Belgium}} |
||
|style="text-align:right;"|{{dts|format=dmy|1985|6|14}}<ref name="origsign">{{cite web |url=https://verdragenbank.overheid.nl/en/Treaty/Details/000058.html |title=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 |access-date=2014-10-31 |publisher=Government of the Netherlands}}</ref> |
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| align="right" | {{dts|link=off|format=dmy| 1985|6|14}} |
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|style="text-align:right;"|{{dts|format=dmy|1995|3|26}}<ref name="1995states">{{cite journal |url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:41994D0029 |title=Decision of the Executive Committee of 22 December 1994 on bringing into force the Convention implementing the Schengen Agreement of 19 June 1990 |date=1994-12-22 |access-date=2014-10-31 |journal=[[Official Journal of the European Union]] |volume=L |number=239/130}}</ref> |
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| align="right" | {{dts|link=off|format=dmy| 1995|3|26}} |
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| full |
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| |
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|---bgcolor=lightgrey |
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| {{flagicon|Bulgaria}} |
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| [[Bulgaria]] |
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| align="right" | {{Nts|110912}} |
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| align="right" | {{dts|link=off|format=dmy| 2007|1|1}} |
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| align="right" | |
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| not yet implemented |
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| |
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|---bgcolor=lightgrey |
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| {{flagicon|Cyprus}} |
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| [[Cyprus]] |
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| align="right" | {{Nts|9251}} |
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| align="right" | {{dts|link=off|format=dmy| 2004|5|1}} |
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| align="right" | |
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| not yet implemented |
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| <small>{{TRNC}}</small> |
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|- |
|- |
||
| {{ |
| |{{flag|Bulgaria}} |
||
|style="text-align:right;"|{{nts|110994}} |
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| [[Czech Republic]] |
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| |
|style="text-align:right" |{{UN_Population|Bulgaria}} |
||
|style="text-align:right;"|{{dts|format=dmy|2005|4|25}}<ref name="2007enlarge">{{cite web|url=https://www.consilium.europa.eu/en/documents-publications/treaties-agreements/agreement/?id=2005017|title=Treaty between the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Republic of Bulgaria and Romania, concerning the Accession of the Republic of Bulgaria and Romania to the European Union (Deposited with the Government of the Italian Republic)|access-date=17 January 2019|publisher=[[Council of the European Union]]}}</ref> |
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| align="right" | {{dts|link=off|format=dmy| 2004|5|1}} |
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|style="text-align:right;"|{{dts|format=dmy|2024|3|31}}<ref name="RomBulgAir">{{cite journal |url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202400210 |title=Council Decision (EU) 2024/210 of 30 December 2023 on the full application of the provisions of the Schengen acquis in the Republic of Bulgaria and Romania |date=2024-01-04 |access-date=2024-01-03 |journal=[[Official Journal of the European Union]] |volume=L |number=2024/210}}</ref>{{refn|name=RomBulg|For air and sea borders; the date for ending land border controls is to be determined|group=Note}} |
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| align="right" | {{dts|link=off|format=dmy| 2007|12|21}}<sup>b</sup> |
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| full |
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| |
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|- |
|- |
||
| {{ |
| |{{flag|Croatia}} |
||
|style="text-align:right;"|{{nts|56594}} |
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| [[Denmark]] |
|||
| |
|style="text-align:right" |{{UN_Population|Croatia}} |
||
|style="text-align:right;"|{{dts|format=dmy|2011|12|9}}<ref>{{cite web |url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2012.112.01.0006.01.ENG#L_2012112EN.01001001 |title=TREATY CONCERNING THE ACCESSION OF THE REPUBLIC OF CROATIA TO THE EUROPEAN UNION |access-date=2022-12-09 |publisher=EU}}</ref> |
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| align="right" | {{dts|link=off|format=dmy| 1996|12|19}} |
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|style="text-align:right;"|{{dts|format=dmy|2023|1|1}}<ref>{{cite journal |url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2022.320.01.0041.01.ENG&toc=OJ%3AL%3A2022%3A320%3ATOC |title=Council Decision (EU) 2022/2451 of 8 December 2022 on the full application of the provisions of the Schengen acquis in the Republic of Croatia |date=2022-12-14 |access-date=2022-12-15 |journal=[[Official Journal of the European Union]] |volume=L |number=320/41}}</ref><ref>{{cite web |url=https://www.consilium.europa.eu/en/press/press-releases/2022/12/08/schengen-area-council-decides-to-lift-border-controls-with-croatia/ |title=Schengen area: Council decides to lift border controls with Croatia |access-date=2022-12-09 |publisher=EU}}</ref>{{refn|For land and sea borders, 26 March 2023 for air borders|group=Note}} |
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| align="right" | {{dts|link=off|format=dmy| 2001|3|25}} |
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| full |
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| <small>{{GRL}}<sup>d</sup><br />{{FRO}}<sup>d</sup></small> |
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|- |
|- |
||
| |
|{{flag|Czech Republic}} |
||
|style="text-align:right;"|{{nts|78866}} |
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| [[Estonia]] |
|||
| |
|style="text-align:right" |{{UN_Population|Czechia}} |
||
| |
|style="text-align:right;"|{{dts|format=dmy|2003|4|16}}<ref name="2004enlarge"/> |
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|style="text-align:right;"|{{dts|format=dmy|2007|12|21}}<ref name="2004states">{{cite journal |url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32007D0801 |title=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 |date=2007-12-08 |access-date=2014-10-27 |journal=[[Official Journal of the European Union]] |volume=L |number=323/34}}</ref>{{refn|For sea and land borders ; since 30 March 2008 also for air borders.<ref name="2004states"/><ref>{{cite web |url=http://www.eu2008.si/en/News_and_Documents/Press_Releases/March/0325MNZschengen.html |publisher=Slovenia's EU Presidency |title=The final step of Schengen enlargement—controls at internal air borders to be abolished in late March |date=25 March 2008}}</ref>|name=2004states|group=Note}} |
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| align="right" | {{dts|link=off|format=dmy| 2007|12|21}}<sup>b</sup> |
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| full |
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| |
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|- |
|- |
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|{{flag|Denmark}} <br /><small>(excluding [[Greenland]] and the [[Faroe Islands]]){{refn|Greenland and the Faroe Islands are not included in the Schengen Area. However, persons travelling between the Faroe Islands, Greenland and the Schengen Area are not subject to border checks.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A42000A0922%2808%29|title=EUR-Lex - 42000A0922(08) - EN - EUR-Lex|website=eur-lex.europa.eu}}</ref> The list of countries whose citizens require a visa for Greenland or the Faroe Islands is the same as for the Schengen Area,<ref>{{cite web |url=http://naalakkersuisut.gl/en/About-government-of-greenland/About-Greenland/Coming-to-Greenland/Schengen-and-Tourists |title=Schengen and Tourists |archive-url=https://web.archive.org/web/20170725121707/http://naalakkersuisut.gl/en/About-government-of-greenland/About-Greenland/Coming-to-Greenland/Schengen-and-Tourists |archive-date=25 July 2017 |website=[[Government of Greenland]]}}</ref><ref>{{cite web |url=http://www.government.fo/foreign-relations/visa-and-work-permit/ |title=Visa and Work Permit |website=[[Government of the Faroe Islands]]}}</ref> but a Schengen visa will not allow the holder access to either territory, only a Danish visa stamped with either "Valid for the Faroe Islands" or "Valid for Greenland", or both.<ref name="greenland-faroe">{{cite web |title=General Information on Schengen Short-Term Visas |publisher=Royal Danish Embassy in London |date=4 June 2009 |url=http://www.amblondon.um.dk/en/menu/consularservices/visas/shorttermvisas |access-date=1 February 2010 |url-status=dead |archive-url=https://web.archive.org/web/20100110021548/http://www.amblondon.um.dk/en/menu/ConsularServices/Visas/ShortTermVisas |archive-date=10 January 2010}}</ref>|group=Note}}</small> |
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| {{flagicon|Finland}} |
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|style="text-align:right;"|{{nts|43094}} |
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| [[Finland]] |
|||
| |
|style="text-align:right" |{{UN_Population|Denmark}} |
||
|style="text-align:right;"|{{dts|format=dmy|1996|12|19}}<ref>{{cite web |url=https://verdragenbank.overheid.nl/en/Treaty/Details/007473.html |title=Protocol on the accession of the Kingdom of Denmark to the Agreement on the gradual abolition of controls at the contracting parties' common borders, signed at Schengen on 14 June 1985 |access-date=2014-10-31 |publisher=Government of the Netherlands}}</ref> |
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| align="right" | {{dts|link=off|format=dmy| 1996|12|19}} |
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|style="text-align:right;"|{{dts|format=dmy|2001|3|25}}<ref name="2001enlarge">{{cite journal |url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32000D0777 |title=COUNCIL DECISION of 1 December 2000 on the application of the Schengen acquis in Denmark, Finland and Sweden, and in Iceland and Norway |date=2000-12-09 |access-date=2014-10-27 |journal=[[Official Journal of the European Union]] |volume=L |number=309/24}}</ref> |
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| align="right" | {{dts|link=off|format=dmy| 2001|3|25}} |
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| full |
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| |
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|- |
|- |
||
| |
|{{flag|Estonia}} |
||
|style="text-align:right;"|{{nts|45338}} |
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| [[France]] |
|||
| |
|style="text-align:right" |{{UN_Population|Estonia}} |
||
| |
|style="text-align:right;"|{{dts|format=dmy|2003|4|16}}<ref name="2004enlarge"/> |
||
| |
|style="text-align:right;"|{{dts|format=dmy|2007|12|21}}<ref name="2004states"/>{{refn||name=2004states|group=Note}} |
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| full |
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| <small>all [[Overseas departments and territories of France|overseas departments and territories]]</small> |
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|- |
|- |
||
|{{flag|Finland}} <br /><small>(including [[Åland]])</small> |
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| {{flagicon|Germany}} |
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|style="text-align:right;"|{{nts|338145}} |
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| [[Germany]] |
|||
| |
|style="text-align:right" |{{UN_Population|Finland}} |
||
|style="text-align:right;"|{{dts|format=dmy|1996|12|19}}<ref>{{cite web |url= https://verdragenbank.overheid.nl/en/Treaty/Details/007475.html |title=Protocol on the accession of the Government of the Republic of Finland to the Agreement on the gradual abolition of controls at the contracting parties' common borders, signed at Schengen on 14 June 1985 |access-date=2014-10-31 |publisher=[[Government of the Netherlands]]}}</ref> |
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| align="right" | {{dts|link=off|format=dmy| 1985|6|14}} |
|||
| |
|style="text-align:right;"|{{dts|format=dmy|2001|3|25}}<ref name="2001enlarge"/> |
||
| full |
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| |
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|- |
|- |
||
|{{flag|France}} <br /><small>(excluding [[Overseas France]]){{refn|The [[Overseas France|overseas departments and collectivities of France]] are not part of the Schengen Area. However, when travelling by air from [[metropolitan France]] directly to [[French Guiana]], [[Guadeloupe]], [[Martinique]], [[Mayotte]] and [[Réunion]], border checks by the [[French Border Police]] only take place at the departure airport, not at the arrival airport (where passengers walk past the passport control booths, which will be unstaffed). This arrangement does not, however, apply to direct flights from other Schengen member states, such as the past Charleroi-Guadeloupe and Charleroi-Martinique flights by Air Belgium. On the other hand, passengers flying from French Guiana, Guadeloupe, Martinique, Mayotte and Réunion directly to metropolitan France have to undergo border checks by the French Border Police both on departure and on arrival (an arrangement known as 'double contrôle').<ref>{{cite web|url= https://www.senat.fr/questions/base/2018/qSEQ180706288.html |title=Doubles contrôles aux frontières dans les aéroports de la capitale pour les Français des Antilles |language=fr |trans-title= Double border controls at the capital's airports for French people from the West Indies |publisher=[[Senate (France)|Senate of France]] |date=20 September 2018 |access-date=15 March 2020}}</ref>|group=Note}}</small> |
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| {{flagicon|Greece}} |
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|style="text-align:right;"|{{nts|551695}}<!-- Metropolitan France, not overseas areas --> |
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| [[Greece]] |
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| |
|style="text-align:right" |{{UN_Population|France}} |
||
| |
|style="text-align:right;"|{{dts|format=dmy|1985|6|14}}<ref name="origsign"/> |
||
| |
|style="text-align:right;"|{{dts|format=dmy|1995|3|26}}<ref name="1995states"/> |
||
| full |
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| |
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|- |
|- |
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|{{flag|Germany}}{{refn|East Germany became part of the Federal Republic of Germany, joining Schengen, on 3 October 1990.|group= Note}} <br /><small>(including [[Büsingen am Hochrhein]])</small><ref>{{cite web |url= https://www.fedlex.admin.ch/eli/cc/1967/1211_1251_1245/de |title= Vertrag zwischen der Schweizerischen Eidgenossenschaft und der Bundesrepublik Deutschland über die Einbeziehung der Gemeinde Büsingen am Hochrhein in das schweizerische Zollgebiet |date=3 September 1998 |publisher=Fedlex |access-date=2021-02-09 |quote=Art. 16 Im Verkehr zwischen Büsingen und der Schweiz ist für Deutsche und Schweizerbürger ein Grenzübertrittspapier nicht erforderlich. Eine Grenzabfertigung findet nicht statt |trans-quote=In traffic between Büsingen and Switzerland a document valid for border crossing is not required for German and Swiss citizens. There is no border control. |language= de |trans-title= Treaty between the Swiss Confederation and the Federal Republic of Germany regarding the inclusion of the municipality of Büsingen am Hochrhein in the Swiss customs territory}}</ref> |
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| {{flagicon|Hungary}} |
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|style="text-align:right;"|{{nts|357022}} |
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| [[Hungary]] |
|||
| |
|style="text-align:right" |{{UN_Population|Germany}} |
||
| |
|style="text-align:right;"|{{dts|format=dmy|1985|6|14}}<ref name="origsign"/> |
||
| |
|style="text-align:right;"|{{dts|format=dmy|1995|3|26}}<ref name="1995states"/> |
||
| full |
|||
| |
|||
|---bgcolor=lightyellow |
|||
| {{flagicon|Iceland}} |
|||
| [[Iceland]]<sup>a</sup> |
|||
| align="right" | {{Nts|103000}} |
|||
| align="right" | {{dts|link=off|format=dmy| 1996|12|19}} |
|||
| align="right" | {{dts|link=off|format=dmy| 2001|3|25}} |
|||
| full |
|||
| |
|||
|---bgcolor=lightgreen |
|||
| {{flagicon|Ireland}} |
|||
| [[Republic of Ireland|Ireland]] |
|||
| align="right" | {{Nts|70273}} |
|||
| align="right" | {{dts|link=off|format=dmy| 2000|6|16}} |
|||
| align="right" | {{dts|link=off|format=dmy| 2002|4|1}} |
|||
| Only police and judicial cooperation rules implemented |
|||
| |
|||
|- |
|- |
||
|{{flag|Greece}}{{refn|According to a legally non-binding declaration attached to the Greek accession agreement to the Schengen convention,<ref>{{Cite web|url= https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A42000A0922%2806%29|title=EUR-Lex - 42000A0922(06) - EN | website = EUR-Lex| publisher = Europa}}</ref> the special status<ref>{{cite journal |url= http://e-spacio.uned.es/fez/eserv/bibliuned:BFD-2005-27-9F23C2CD/PDF |title=El estatuto especial del Monte Athos ante la tradición religiosa. El derecho eclesiástico griego y el derecho comunitario europeo |trans-title=The special status of Mount Athos before the religious tradition. Greek ecclesiastical law and European community law |last=Bonet Navarro |first=Jaime |journal=Boletín de la Facultad de Derecho | publisher = UNED |year=2005 |language=es}}</ref> according to the Greek constitution<ref>{{cite web |url= https://www.legislationline.org/download/id/6483/file/Greece_Constitution_2008_eng.pdf |title= The Constitution of Greece |date= 2008-05-27 |website= Legislation online |access-date= 2021-01-23 |quote= Regime of Aghion Oros (Mount Athos) Article 105 |archive-date= 17 January 2021 |archive-url= https://web.archive.org/web/20210117130248/https://www.legislationline.org/download/id/6483/file/Greece_Constitution_2008_eng.pdf |url-status= dead }}</ref> of [[Monastic community of Mount Athos|Mount Athos]], has to be taken into account in the application and subsequent preparation of the Schengen acquis.|group=Note}}{{refn|Currently Greece does not have internal land border within Schengen space. All internal border crossings are at the airports or at maritime ports |group=Note}} |
|||
| {{flagicon|Italy}} |
|||
|style="text-align:right;"|{{nts|131990}} |
|||
| [[Italy]] |
|||
| |
|style="text-align:right" |{{UN_Population|Greece}} |
||
|style="text-align:right;"|{{dts|format=dmy|1992|11|6}}<ref>{{cite web |url= https://verdragenbank.overheid.nl/en/Treaty/Details/005115.html |title=Protocol on the accession of the Government of the Hellenic Republic to the Agreement between the Governments of the Member States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of controls at their common borders, signed at Schengen on 14 June 1985, as amended by the Protocol signed at Paris on 27 November 1990 on the accession of the Government of the Italian Republic and by the Protocols signed at Bonn on 25 June 1991 on the accession of the Governments of the Kingdom of Spain and the Portuguese Republic |access-date=2014-10-31 |publisher=[[Government of the Netherlands]]}}</ref> |
|||
| align="right" | {{dts|link=off|format=dmy| 1990|11|27}} |
|||
|style="text-align:right;"|{{dts|format=dmy|2000|1|1}}<ref name="Greece">{{cite journal |url= https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:31999D0848 |title=COUNCIL DECISION of 13 December 1999 on the full application of the Schengen acquis in Greece |date=2000-12-09 |access-date=2014-10-27 |journal=[[Official Journal of the European Union]] |volume=L |number=327/58}}</ref>{{refn|The elimination of border controls took place from 1 January to 26 March 2000.<ref name="Greece"/>|group=Note}} |
|||
| align="right" | {{dts|link=off|format=dmy| 1997|10|26}} |
|||
| full |
|||
| |
|||
|- |
|- |
||
| |
|{{flag|Hungary}} |
||
|style="text-align:right;"|{{nts|93030}} |
|||
| [[Latvia]] |
|||
| |
|style="text-align:right" |{{UN_Population|Hungary}} |
||
| |
|style="text-align:right;"|{{dts|format=dmy|2003|4|16}}<ref name="2004enlarge"/> |
||
| |
|style="text-align:right;"|{{dts|format=dmy|2007|12|21}}<ref name="2004states"/>{{refn||name=2004states|group=Note}} |
||
| full |
|||
| |
|||
|---bgcolor=lightgrey |
|||
| {{flagicon|Liechtenstein}} |
|||
| [[Liechtenstein]]<sup>a</sup> |
|||
| align="right" | {{Nts|160}} |
|||
| align="right" | {{dts|link=off|format=dmy| 2008|2|28}} |
|||
| align="right" | |
|||
| not yet implemented |
|||
| |
|||
|- |
|- |
||
|{{flag|Iceland}}{{refn|EFTA state, which is outside the EU, that is associated with the Schengen activities of the EU,<ref name= "associated-states">This terminology is, for example, used in the [https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:21999A0710(02) Final Act of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis].</ref> and where the Schengen rules apply.|name=associated|group=Note}} |
|||
| {{flagicon|Lithuania}} |
|||
|style="text-align:right;"|{{nts|103000}} |
|||
| [[Lithuania]] |
|||
| |
|style="text-align:right;"|{{UN_Population|Iceland}} |
||
|style="text-align:right;"|{{dts|format=dmy|1996|12|19}}<ref name="icenor1">{{cite web |url= https://verdragenbank.overheid.nl/en/Treaty/Details/007472.html |title=Cooperation agreement between the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Italian Republic, the Kingdom of Spain, the Portuguese Republic, the Hellenic Republic, the Republic of Austria, the Kingdom of Denmark, the Republic of Finland, the Kingdom of Sweden, i.e. the Contracting Parties to the Schengen Agreement and to the Schengen Convention, and the Republic of Iceland and the Kingdom of Norway, on the gradual abolition of controls at their common borders |access-date= 2014-11-01 |publisher=Government of the Netherlands}}</ref><br />{{dts|format=dmy|1999|5|18}}<ref name="icenor2">{{cite web |url=http://www.consilium.europa.eu/en/documents-publications/agreements-conventions/agreement/?aid=1999025 |title=Agreement with the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis |access-date=2014-11-01 |publisher =[[Council of the European Union]]}}</ref>{{refn|A second agreement, which replaced the first, was signed with Iceland and Norway following the incorporation of the Schengen Agreement into EU law with the Treaty of Amsterdam of 1997.<ref>{{cite journal |url= https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:21999A0710(02) |title=Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis |date=1999-07-10 |access-date=2014-11-01 |journal=Official Journal of the European Union |volume=L |number=176/36}}</ref>|name=icenor|group=Note}} |
|||
| align="right" | {{dts|link=off|format=dmy| 2004|5|1}} |
|||
| |
|style="text-align:right;"|{{dts|format=dmy|2001|3|25}}<ref name="2001enlarge"/> |
||
| full |
|||
| |
|||
|- |
|- |
||
| |
|{{flag|Italy}} |
||
|style="text-align:right;"|{{nts|301318}} |
|||
| [[Luxembourg]] |
|||
| |
|style="text-align:right" |{{UN_Population|Italy}} |
||
|style="text-align:right;"|{{dts|format=dmy|1990|11|27}}<ref>{{cite web |url= https://verdragenbank.overheid.nl/en/Treaty/Details/004288.html |title=Protocol on the accession of the Government of the Italian Republic to the Agreement between the Governments of the Member States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of controls at their common borders, signed at Schengen on 14 June 1985 |access-date=2014-10-31 |publisher=Government of the Netherlands}}</ref> |
|||
| align="right" | {{dts|link=off|format=dmy| 1985|6|14}} |
|||
|style="text-align:right;"|{{dts|format=dmy|1997|10|26}}<ref name="Acquis"/><ref name="Italy">{{cite web |url=http://www.interior.gob.es/ca/web/servicios-al-ciudadano/normativa/resoluciones/resolucion-de-26-de-mayo-de-1998-de-la-secretaria |title=Resolución de 26 de mayo de 1998, de la Secretaría General Técnica del Ministerio de Asuntos Exteriores |date=1997-07-10 |access-date=2014-11-01 |archive-date=20 October 2017 |archive-url=https://web.archive.org/web/20171020170931/http://www.interior.gob.es/ca/web/servicios-al-ciudadano/normativa/resoluciones/resolucion-de-26-de-mayo-de-1998-de-la-secretaria |url-status=dead }}</ref>{{refn|The elimination of border controls took place from 26 October 1997 to 31 March 1998.<ref name="Italy"/>|group=Note}} |
|||
| align="right" | {{dts|link=off|format=dmy| 1995|3|26}} |
|||
| full |
|||
| |
|||
|- |
|- |
||
| |
|{{flag|Latvia}} |
||
|style="text-align:right;"|{{nts|64589}} |
|||
| [[Malta]] |
|||
| |
|style="text-align:right" |{{UN_Population|Latvia}} |
||
| |
|style="text-align:right;"|{{dts|format=dmy|2003|4|16}}<ref name="2004enlarge"/> |
||
| |
|style="text-align:right;"|{{dts|format=dmy|2007|12|21}}<ref name="2004states"/>{{refn||name=2004states|group=Note}} |
||
| full |
|||
| |
|||
|- |
|- |
||
|{{flag|Liechtenstein}}{{refn||name=associated|group=Note}} |
|||
| {{flagicon|Netherlands}} |
|||
|style="text-align:right;"|{{nts|160}} |
|||
| [[Netherlands]] |
|||
| |
|style="text-align:right" |{{UN_Population|Liechtenstein}} |
||
|style="text-align:right;"|{{dts|format=dmy|2008|2|28}}<ref>{{cite web |url= http://www.consilium.europa.eu/en/documents-publications/agreements-conventions/agreement/?aid=2007007 |title=Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis |access-date= 2014-11-01 |publisher=Council of the European Union}}</ref> |
|||
| align="right" | {{dts|link=off|format=dmy| 1985|6|14}} |
|||
|style="text-align:right;"|{{dts|format=dmy|2011|12|19}}<ref>{{cite journal |url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32011D0842 |title=COUNCIL DECISION of 13 December 2011 on the full application of the provisions of the Schengen ''acquis'' in the Principality of Liechtenstein |date=2011-12-05 |access-date=2014-10-27 |journal=Official Journal of the European Union |volume=L |number=334/27}}</ref> |
|||
| align="right" | {{dts|link=off|format=dmy| 1995|3|26}} |
|||
| full |
|||
| <small>{{ABW}}<br />{{ANT}}</small> |
|||
|---bgcolor=lightyellow |
|||
| {{flagicon|Norway}} |
|||
| [[Norway]]<sup>a</sup> |
|||
| align="right" | {{Nts|385155}} |
|||
| align="right" | {{dts|link=off|format=dmy| 1996|12|19}} |
|||
| align="right" | {{dts|link=off|format=dmy| 2001|3|25}} |
|||
| full |
|||
| <small>{{flagicon|Norway}} [[Svalbard]]<sup>h</sup></small> |
|||
|- |
|- |
||
| |
|{{flag|Lithuania}} |
||
|style="text-align:right;"|{{nts|65300}} |
|||
| [[Poland]] |
|||
| |
|style="text-align:right" |{{UN_Population|Lithuania}} |
||
| |
|style="text-align:right;"|{{dts|format=dmy|2003|4|16}}<ref name="2004enlarge"/> |
||
| |
|style="text-align:right;"|{{dts|format=dmy|2007|12|21}}<ref name="2004states"/>{{refn||name=2004states|group=Note}} |
||
| full |
|||
| |
|||
|- |
|- |
||
| |
|{{flag|Luxembourg}} |
||
|style="text-align:right;"|{{nts|2586}} |
|||
| [[Portugal]] |
|||
| |
|style="text-align:right" |{{UN_Population|Luxembourg}} |
||
| |
|style="text-align:right;"|{{dts|format=dmy|1985|6|14}}<ref name="origsign"/> |
||
| |
|style="text-align:right;"|{{dts|format=dmy|1995|3|26}}<ref name="1995states"/> |
||
| full |
|||
| |
|||
|---bgcolor=lightgrey |
|||
| {{flagicon|Romania}} |
|||
| [[Romania]] |
|||
| align="right" | {{Nts|238391}} |
|||
| align="right" | {{dts|link=off|format=dmy| 2007|1|1}} |
|||
| align="right" | |
|||
| not yet implemented / set to implement March 2011<ref>Source: [http://x.gov.ro/presa/integrare/afis-doc.php?idpresa=964 Romanian Government]</ref> |
|||
| |
|||
|- |
|- |
||
| |
|{{flag|Malta}} |
||
|style="text-align:right;"|{{nts|316}} |
|||
| [[Slovakia]] |
|||
| |
|style="text-align:right" |{{UN_Population|Malta}} |
||
| |
|style="text-align:right;"|{{dts|format=dmy|2003|4|16}}<ref name="2004enlarge"/> |
||
| |
|style="text-align:right;"|{{dts|format=dmy|2007|12|21}}<ref name="2004states"/>{{refn||name=2004states|group=Note}} |
||
| full |
|||
| |
|||
|- |
|- |
||
|{{flag|Netherlands}} <br /><small>(excluding [[Dutch Caribbean]])</small> |
|||
| {{flagicon|Slovenia}} |
|||
|style="text-align:right;"|{{nts|41526}} |
|||
| [[Slovenia]] |
|||
| |
|style="text-align:right" |{{UN_Population|Netherlands}} |
||
| |
|style="text-align:right;"|{{dts|format=dmy|1985|6|14}}<ref name="origsign"/> |
||
| |
|style="text-align:right;"|{{dts|format=dmy|1995|3|26}}<ref name="1995states"/> |
||
| full |
|||
| |
|||
|- |
|- |
||
|{{flag|Norway}}{{refn||name=associated|group=Note}} <br /><small>(excluding [[List of possessions of Norway|overseas territories and dependencies]])</small><ref>{{Cite web|url= https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A21999A0710%2802%29|title=EUR-Lex - 21999A0710(02) - EN |website=EUR-Lex | publisher = Europa}}</ref> |
|||
| {{flagicon|Spain}} |
|||
|style="text-align:right;"|{{nts|385155}} |
|||
| [[Spain]] |
|||
| |
|style="text-align:right;"|{{UN_Population|Norway}} |
||
| |
|style="text-align:right;"|{{dts|format=dmy|1996|12|19}}<ref name="icenor1"/><br />{{dts|format=dmy|1999|5|18}}<ref name="icenor2"/>{{refn||name=icenor|group=Note}} |
||
| |
|style="text-align:right;"|{{dts|format=dmy|2001|3|25}}<ref name="2001enlarge"/> |
||
| full |
|||
| |
|||
|- |
|- |
||
| |
|{{flag|Poland}} |
||
|style="text-align:right;"|{{nts|312683}} |
|||
| [[Sweden]] |
|||
| |
|style="text-align:right" |{{UN_Population|Poland}} |
||
| |
|style="text-align:right;"|{{dts|format=dmy|2003|4|16}}<ref name="2004enlarge"/> |
||
| |
|style="text-align:right;"|{{dts|format=dmy|2007|12|21}}<ref name="2004states"/>{{refn||name=2004states|group=Note}} |
||
| full |
|||
| |
|||
|---bgcolor=lightyellow |
|||
| {{flagicon|Switzerland}} |
|||
| [[Switzerland]]<sup>a</sup> |
|||
| align="right" | {{Nts|41285}} |
|||
| align="right" | {{dts|link=off|format=dmy| 2004|10|26}} |
|||
| align="right" | {{dts|link=off|format=dmy| 2008|12|12}} |
|||
|Partial implementation (land borders and visas) - Full implementation to follow on 29 March 2009 (airports<ref>[http://www.nzz.ch/nachrichten/schweiz/schengen-system_gestaffelt_einfuehren_1.746696.html Schengen-System gestaffelt einführen]</ref>) |
|||
| |
|||
|---bgcolor=lightgreen |
|||
| {{flagicon|United Kingdom}} |
|||
| [[United Kingdom]]<br /><small>including [[Gibraltar]]</small> |
|||
| align="right" | {{Nts|244820}} |
|||
| align="right" | {{dts|link=off|format=dmy| 1999|5|20}} |
|||
| align="right" | {{dts|link=off|format=dmy| 2000|6|2}} |
|||
| Only police and judicial cooperation rules implemented |
|||
| <small>{{GGY}}<br />{{IMN}}<br />{{JEY}}<br />and all [[British overseas territories|overseas territories]] located geographically outside of Europe. |
|||
|- |
|- |
||
|{{flag|Portugal}} <br /><small>(including [[Azores]] and [[Madeira]])</small> |
|||
|style="text-align:right;"|{{nts|92391}} |
|||
|style="text-align:right" |{{UN_Population|Portugal}} |
|||
|style="text-align:right;"|{{dts|format=dmy|1991|6|25}}<ref>{{cite web |url= https://verdragenbank.overheid.nl/en/Treaty/Details/004729.html |title=Protocol on the accession of the Government of the Portuguese Republic to the Agreement between the Governments of the Member States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of controls at their common borders, signed at Schengen on 14 June 1985, as amended by the Protocol on the accession of the Italian Republic signed at Paris on 27 November 1990 |access-date=2014-10-31 |publisher=Government of the Netherlands}}</ref> |
|||
|style="text-align:right;"|{{dts|format=dmy|1995|3|26}}<ref name="1995states"/> |
|||
|- |
|||
| |{{flag|Romania}} <br /> |
|||
|style="text-align:right;"|{{nts|238391}} |
|||
|style="text-align:right" |{{UN_Population|Romania}} |
|||
|style="text-align:right;"|{{dts|format=dmy|2005|4|25}}<ref name="2007enlarge"/> |
|||
|style="text-align:right;"|{{dts|format=dmy|2024|3|31}}<ref name="RomBulgAir"/>{{refn|name=RomBulg|group=Note}} |
|||
|- |
|||
|{{flag|Slovakia}} |
|||
|style="text-align:right;"|{{nts|49037}} |
|||
|style="text-align:right" |{{UN_Population|Slovakia}} |
|||
|style="text-align:right;"|{{dts|format=dmy|2003|4|16}}<ref name="2004enlarge"/> |
|||
|style="text-align:right;"|{{dts|format=dmy|2007|12|21}}<ref name="2004states"/>{{refn||name=2004states|group=Note}} |
|||
|- |
|||
|{{flag|Slovenia}} |
|||
|style="text-align:right;"|{{nts|20273}} |
|||
|style="text-align:right" |{{UN_Population|Slovenia}} |
|||
|style="text-align:right;"|{{dts|format=dmy|2003|4|16}}<ref name="2004enlarge">{{cite web |url= https://www.consilium.europa.eu/en/documents-publications/agreements-conventions/agreement/?id=2003007 |title=Treaty between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, 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 to the European Union (Deposited with the Government of the Italian Republic) |access-date=2019-01-17 |publisher=Council of the European Union}}</ref> |
|||
|style="text-align:right;"|{{dts|format=dmy|2007|12|21}}<ref name="2004states"/>{{refn||name=2004states|group=Note}} |
|||
|- |
|||
|{{flag|Spain}} <br /><small>(including [[Canary Islands]])</small> <br />{{small|(special provisions for [[Ceuta]] and [[Melilla]]){{refn|The full Schengen acquis applies to all Spanish territories, but there are border checks on departure from Ceuta and Melilla to [[Peninsular Spain]] or other Schengen countries, because of specific arrangements for visa exemptions for Moroccan nationals resident in the provinces of [[Tetouan Province|Tetuan]] and [[Nador Province|Nador]].<ref name="AccessionSpain">Declaration No. 1. on Ceuta and Melilla attached to the Final Act of the Accession Treaty of the Kingdom of Spain to the Schengen Agreement ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:42000A0922(04):EN:NOT OJ L 239, 22 September 2000, p. 69])</ref>|group=Note}}}} |
|||
|style="text-align:right;"|{{nts|505990}} |
|||
|style="text-align:right" |{{UN_Population|Spain}} |
|||
|style="text-align:right;"|{{dts|format=dmy|1991|6|25}}<ref>{{cite web |url=https://verdragenbank.overheid.nl/en/Treaty/Details/004727.html |title=Protocol on the accession of the Government of the Kingdom of Spain to the Schengen Agreement of 14 June 1985 between the Governments of the Member States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of controls at their common borders, as amended by the Protocol on the accession of the Italian Republic signed at Paris on 27 November 1990 |access-date=2014-10-31 |publisher=Government of the Netherlands}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:42000A0922(04) |title=The Schengen acquis - Agreement on the Accession of the Kingdom of Spain to the 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 signed at Schengen on 19 June 1990, to which the Italian Republic acceded by the Agreement signed at Paris on 27 November 1990|website=eur-lex.europa.eu|date=25 June 1991 }}</ref> |
|||
|style="text-align:right;"|{{dts|format=dmy|1995|3|26}}<ref name="1995states"/> |
|||
|- |
|||
|{{flag|Sweden}} |
|||
|style="text-align:right;"|{{nts|449964}} |
|||
|style="text-align:right" |{{UN_Population|Sweden}} |
|||
|style="text-align:right;"|{{dts|format=dmy|1996|12|19}}<ref>{{cite web |url=https://verdragenbank.overheid.nl/en/Treaty/Details/007477.html |title=Protocol on the accession of the Government of the Kingdom of Sweden to the Schengen Agreement of 14 June 1985 on the gradual abolition of controls at the contracting parties' common borders |access-date=2014-10-31 |publisher=Government of the Netherlands}}</ref> |
|||
|style="text-align:right;"|{{dts|format=dmy|2001|3|25}}<ref name="2001enlarge"/> |
|||
|- |
|||
|{{flag|Switzerland}}{{refn||name=associated|group=Note}} |
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|style="text-align:right;"|{{nts|41285}} |
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|style="text-align:right;"|{{UN_Population|Switzerland}} |
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|style="text-align:right;"|{{dts|format=dmy|2004|10|26}}<ref>{{cite web |url=http://www.consilium.europa.eu/en/documents-publications/agreements-conventions/agreement/?aid=2004085 |title=Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis |access-date=2014-11-01 |publisher=Council of the European Union}}</ref> |
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|style="text-align:right;"|{{dts|format=dmy|2008|12|12}}<ref name="switz">{{cite journal |url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32008D0903 |title=COUNCIL DECISION of 27 November 2008 on the full application of the provisions of the Schengen acquis in the Swiss Confederation |date=2008-12-05 |access-date=2014-10-27 |journal=Official Journal of the European Union |volume=L |number=327/15}}</ref>{{refn|For sea and land borders; since 29 March 2009 also for air borders.<ref name="switz"/>|group=Note}} |
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|- |
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!{{flag|EU|name=Schengen Area}} |
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!style="text-align:right;"|{{nts|4595131}} |
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!style="text-align:right;"|{{nts|453234255}} |
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!style="text-align:right;"|{{dts|format=dmy|1985|6|14}}<ref name="origsign"/> |
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!style="text-align:right;"|{{dts|format=dmy|1995|3|26}}<ref name="1995states"/> |
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|} |
|} |
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{{smaller |
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|<sup>a</sup> States outside the EU that are associated with the Schengen activities of the EU,<ref>This terminology is, e. g., used in the {{cite web|url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:21999A0710(02):EN:HTML|publisher=EU Publications Office|title=Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis — Final Act (Official Journal EC 1999 No. L 176, p. 36)|accessdate=2008-01-19}}.</ref> and where the Schengen rules apply.<br /> |
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<sup>b</sup> For overland borders and [[seaport]]s; since 30 March 2008 also for [[airport]]s.<ref>{{cite web|url=http://www.eu2008.si/en/News_and_Documents/Press_Releases/March/0325MNZschengen.html |publisher=Slovenia's EU Presidency |title=The final step of Schengen enlargement – controls at internal air borders to be abolished in late March |date=2008-03-25 |accessdate=2008-03-25}}</ref><br /> |
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<sup>c</sup> East Germany became part of West Germany, joining Schengen, on 3 October 1990. Before this it remained outside the agreement.<br /> |
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<sup>d</sup> Greenland and the Faroe Islands are indirectly included.<br /> |
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<sup>e</sup> Despite some media reports, Helgoland is not outside Schengen; it is only outside the [[European Union Value Added Tax Area]].<br /> |
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<sup>h</sup> However, [[Jan Mayen]] is in Schengen.<br /> |
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}} |
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{|class="wikitable sortable" |
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===Enlargement=== |
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|+States which are not members of the Schengen Area but still have open borders with the area |
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{|class="wikitable" style="float:right; margin-left:1em; margin-top:0em; clear:right;" |
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!colspan=2|Prospective members |
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|- |
|- |
||
! State |
|||
!Prospective implementation date |
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! Area<br />(km<sup>2</sup>) |
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!State |
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! Population{{UN_Population|ref}}<br />({{UN_Population|Year}}) |
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|- |
|- |
||
|{{flag|Monaco}} |
|||
|1 November 2009 <small>''(proposed)''</small><ref>http://www.vaterland.li/page/lv/artikel_detail.cfm?id=32982"Beitritt Liechtensteins .... Dieser Beitritt erfolgt voraussichtlich aber erst am 1. November des kommenden Jahres"</ref><ref>http://www.20min.ch/news/schweiz/story/17084808 "Liechtenstein soll Ende 2009 dem Schengen-Raum beitreten"</ref> |
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|style="text-align:right;"|{{nts|2.02}} |
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||{{flagcountry|Liechtenstein}} |
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|style="text-align:right" |{{UN_Population|Monaco}} |
|||
|- |
|- |
||
|{{flag|San Marino}} |
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|2010 <small>(''estimated'')</small><ref>{{cite web|url=http://www.mfa.gov.cy/mfa/Embassies/BerlinEmbassy.nsf/All/9E3EA74BCAD066E5C125727D00493F03?OpenDocument&print|title=Foreign Minister says Cyprus not to join Schengen before 2010|accessdate=2009-01-18}}</ref> |
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|style="text-align:right;"|{{nts|61.2}} |
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||{{flagcountry|Cyprus}} |
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|style="text-align:right" |{{UN_Population|San Marino}} |
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|- |
|- |
||
|{{flag|Vatican City}} |
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|March 2011 <small>(''estimated'')</small><ref>[http://www.setimes.com/cocoon/setimes/xhtml/en_GB/newsbriefs/setimes/newsbriefs/2008/01/27/nb-05 Romania and Bulgaria prepare to join Schengen List (SETimes.com)<!-- Bot generated title -->]</ref> |
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|style="text-align:right;"|{{nts|0.49}} |
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||{{flagcountry|Bulgaria}}<ref>{{cite web|url=http://international.ibox.bg/news/id_1261257390 |title=Bulgaria Ready to Join Schengen till 2011|date=2007-07-19 |accessdate=2007-10-22 |first=Olga |last=Yoncheva |work=News.bg}}</ref> and {{flagcountry|Romania}}<ref>{{cite web|url=http://english.people.com.cn/200706/27/eng20070627_387926.html |title=Romania tries to join Schengen area by 2011 |date=2007-06-27 |accessdate=2007-10-22 |work=People's Daily Online |publisher=Xinhua}}</ref> |
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|style="text-align:right" |{{UN_Population|Holy See}} |
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|} |
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'''Notes''' |
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{{Reflist|group="Note"|2}} |
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==Potential member states and EU territories outside the Schengen Area== |
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===Prospective members=== |
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{{Supranational European Bodies|align=right|size=400px}} |
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The procedure to enter the Schengen Area is that European Commission evaluates certain criteria. These criteria include border control legislation, infrastructure and organisation, personal data protection, visas, deportations, police cooperation and more.<ref>{{Cite web|url=https://in-cyprus.philenews.com/eu-experts-due-in-cyprus-to-assess-schengen-acquis-implementation/|title=EU experts due in Cyprus to assess Schengen acquis implementation|access-date=1 July 2020|archive-date=29 September 2020|archive-url=https://web.archive.org/web/20200929211927/https://in-cyprus.philenews.com/eu-experts-due-in-cyprus-to-assess-schengen-acquis-implementation/|url-status=dead}}</ref> After a positive evaluation the Schengen members of the [[Council of the European Union]] decides unanimously together with the [[European Parliament]] to accept the new member. |
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====Cyprus==== |
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Although [[Cyprus]], which joined the EU on 1 May 2004, is legally bound to join the Schengen Area, implementation has been delayed because of the [[Cyprus dispute]]. According to former Cypriot Minister of Foreign Affairs [[Giorgos Lillikas]], "strict and full control based on Schengen will create a huge tribulation on a daily basis for the [[Turkish Cypriots]]" of [[Northern Cyprus]], and it is unclear if this control is possible before the resolution of the dispute.<ref name="mfacy">{{cite web |url=http://www.mfa.gov.cy/mfa/Embassies/BerlinEmbassy.nsf/All/9E3EA74BCAD066E5C125727D00493F03?OpenDocument&print |title=Foreign Minister says Cyprus not to join Schengen before 2010 |publisher=Embassy of the Republic of Cyprus in Berlin |access-date=3 February 2010 |archive-date=8 September 2012 |archive-url=https://web.archive.org/web/20120908075812/http://www.mfa.gov.cy/mfa/Embassies/BerlinEmbassy.nsf/All/9E3EA74BCAD066E5C125727D00493F03?OpenDocument&print |url-status=dead }}</ref> The British Sovereign Base Areas of [[Akrotiri and Dhekelia]], a [[British Overseas Territories|British Overseas Territory]] which is outside the EU, also needs "other handling and mechanisms".<ref name="mfacy"/> Akrotiri and Dhekelia has no border control to Cyprus, but has its own border control at its air base. {{As of|2018}} no date has been fixed for implementation of the Schengen rules by Cyprus.<ref name="cyprus-2011">{{cite web |title=Frequently asked questions |url=http://ec.europa.eu/home-affairs/policies/borders/borders_faq_en.htm |work=europa.eu |publisher=European Commission |access-date=15 September 2011 |date=29 March 2011 |quote=When will Cyprus, Romania and Bulgaria join the Schengen area?... These three Member States still have to pass the Schengen evaluation before they can join the Schengen area. The target date for Bulgaria and Romania is 2011.}}</ref> Cyprus has less potential benefit from an implementation of Schengen, for it has no land border with another EU member; air travel or around 12 hours of sea travel is needed to the nearest EU member. |
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In November 2019, Cyprus's Foreign Affairs Minister [[Nikos Christodoulides]] revealed that Cyprus formally began the process of joining the Schengen Area in September.<ref name="Charalambous">{{cite web|url=https://in-cyprus.com/cyprus-submitted-application-to-enter-schengen-area-in-september/ | title = Cyprus submitted application to enter Schengen area in September | date = 4 November 2019 |editor = Annie Charalambous | newspaper= In Cyprus | access-date=20 November 2019}}</ref> In July 2023, Cyprus joined the [[Schengen Information System]] (SIS) (participation in the SIS allows for cooperation on crime, immigration and other security-related matters within the Schengen Area).<ref>{{Cite web |last= |date=2023-07-24 |title=Cyprus gains extra layer of access to Schengen, but not full membership {{!}} Cyprus Mail |url=https://cyprus-mail.com/2023/07/24/cyprus-gains-extra-layer-of-access-to-schengen-but-not-full-membership/ |access-date=2023-08-22 |website=cyprus-mail |language=}}</ref> In October 2023, the Commission was to "verify that the necessary conditions for the application of the Schengen acquis in the field of the Schengen Information System have been met".<ref>{{cite web |title=State of Schengen report 2023 |last=European Commission |website=europa.eu |date=16 May 2023 |url=https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52023DC0274}}</ref> |
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====Gibraltar==== |
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{{See also|Effect of Brexit on Gibraltar}} |
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[[File:Gibraltar Border.jpg|thumb|The Gibraltar/Spain border in 2004 with the Rock of Gibraltar in the background]] |
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As a result of [[Brexit]], [[Gibraltar]] ceased to be part of the European Union on 31 January 2020, although for most purposes it was treated as part of it during the transition phase until 31 December 2020. Like the United Kingdom, it had not been part of the Schengen Area but, unlike the United Kingdom, Gibraltar had also been outside of the [[European Union Customs Union|EU customs union]].<ref>{{cite web |url= https://www.gibraltar.gov.gi/uploads/Brexit%20Page/20200921-TN%20-%20FR%20-%20Border%20-%20Goods.pdf |publisher= Government of Gibraltar |title= Technical Notice (2): Getting ready for the end of the Transition Period. |date=21 September 2020 |access-date=14 January 2021}}</ref> Owing to a declaration lodged by the United Kingdom with the EEC in 1982, in view of the entry into force of the [[British Nationality Act 1981]], Gibraltarians had been counted as British nationals for the purposes of Community law, and as such they had enjoyed full free movement within the [[European Economic Area]] and [[Switzerland]].<ref name="1982declaration">{{cite web| url=http://curia.europa.eu/juris/document/document.jsf?docid=46193&doclang=EN |title=Judgement of the court in Case C-192/99 |quote=In 1982, in view of the entry into force of the British Nationality Act 1981, the United Kingdom Government lodged with the Italian Government, as depositary of the Treaties, the 1982 Declaration, which replaced the 1972 Declaration with effect from 1 January 1983. The 1982 Declaration provides: 'As to the United Kingdom of Great Britain and Northern Ireland, the terms "nationals", "nationals of Member States" or "nationals of Member States and overseas countries and territories", wherever used in the Treaty establishing the European Economic Community, the Treaty establishing the European Atomic Energy Community or the Treaty establishing the European Coal and Steel Community or in any of the Community acts deriving from those Treaties, are to be understood to refer to: (a) British citizens; (b) Persons who are British subjects by virtue of Part IV of the British Nationality Act 1981 and who have the right of abode in the United Kingdom and are therefore exempt from United Kingdom immigration control; (c) British Dependent Territories citizens who acquire their citizenship from a connection with Gibraltar.}}</ref> During the [[Brexit transition period]] until 31 December 2020, Gibraltar was still for most purposes treated as an EU territory. |
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On 31 December 2020, the governments of Spain and of the United Kingdom (advised by the [[Government of Gibraltar]]) came to an agreement in principle on a framework for a UK-EU treaty on aspects of Gibraltar's future relationship with the European Union.<ref name="Graun311220" /> Both Spain and the Head<!-- not "Ambassador" per UK's unique worldview --> of the UK Mission to the European Union subsequently indicated with the European Commission their desire that such an agreement be negotiated and that the EU should seek a mandate for that purpose.<ref name="GibStatement">{{cite web|url=https://www.gibraltar.gov.gi/press-releases/chief-ministers-statement-the-new-years-eve-in-principle-agreement-a-post-brexit-deal-for-gibraltar-9462020-6542|title=Chief Minister's Statement – The New Year's Eve 'In-Principle' Agreement: A Post Brexit Deal for Gibraltar - 946/2020|access-date=31 December 2020|work=Government of Gibraltar}}</ref> |
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[[Chief Minister of Gibraltar]] [[Fabian Picardo]] stated that he anticipates that the arrangement, which will apply for an initial period of four years, will make Gibraltar's port and airport entry points to the Schengen Area. These entry points will be managed by a [[Frontex]] operation. Spain, as the neighbouring Schengen member state, will be responsible as regards the European Union for the implementation of the Schengen acquis. Residents of Gibraltar, regardless of their nationality, are anticipated to enjoy maximised and unrestricted mobility to the Schengen Area.<ref>{{cite news| url=https://www.bbc.com/news/world-europe-55497084 | title=Brexit: Gibraltar gets UK-Spain deal to keep open border | date=31 December 2020 | access-date=31 December 2020 | work=BBC News}}</ref><ref name="GibStatement" /> UK citizens who are not residents of Gibraltar will be subjected to third-country national checks when they enter Gibraltar through the Gibraltar port or airport.<ref name="GibPressConference1">{{cite web |url=https://www.facebook.com/watch/?v=199470488344239 |title=Press Conference of HM Government of Gibraltar |date=31 December 2020 |access-date=2 January 2020 |work=Government of Gibraltar|quote=We anticipate that residents of Gibraltar of whatever nationality—the residence in Gibraltar is what matters—will have the ability to enter and exit Schengen like Schengen nationals, if you want to express it that way, and that those who are not resident in Gibraltar, or indeed in the rest of the Schengen Area, will then have to go through the third-country national check. [...] They will have to show their passports, as they do today. [...] Today a non-Gibraltar resident who is a British citizen has to show his passport and has to be given entry by the BCA, because they come into Gibraltar. In the future they will be given entry by the BCA and by the Schengen authorities, by Frontex, to be able to enter Gibraltar, and the Schengen zone.}}</ref> It is anticipated that the third-country national check will entail two controls, one by Gibraltar's [[Borders and Coastguard Agency]], giving entry into Gibraltar, and one by [[Frontex]], giving entry into the Schengen Area. Picardo likened this arrangement to the [[juxtaposed controls]] at [[Eurostar]] stations, although he admitted the situation there is slightly different.<ref name="GibPressConference2">{{cite web |url=https://www.facebook.com/watch/?v=199470488344239 |title=Press Conference of HM Government of Gibraltar |date=31 December 2020 |access-date=2 January 2020 |work=Government of Gibraltar|quote=They will in effect be looking out for the same things, but they will be dealing with different entry points, in effect, there will be a Gibraltar entry point and a Schengen entry point. The best example I can give you which we have wrestled with—it's slightly different—is the sort of agreement which provided for juxtaposed controls at St Pancras and Paris, but in a very different way, because you haven't got this principle here of those juxtaposed controls; you have two controls to go through. In one control you're given entry into Gibraltar, and in the other control you're given entry into Schengen.}}</ref> |
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On 31 December 2020, Spain's foreign minister, [[Arancha González Laya]] said that she anticipated that it would take about six months to negotiate and conclude a treaty but that in the meantime Spain would work to ensure that mobility at the border would be "as fluid as possible".<ref name="Graun311220">{{cite news | title=Spain and UK reach draft deal on post-Brexit status of Gibraltar | author1= Ashifa Kassam |author2= Daniel Boffey | date= 31 December 2020 |work=The Guardian |url=https://www.theguardian.com/world/2020/dec/31/spain-and-uk-reach-draft-deal-on-post-brexit-status-of-gibraltar}}</ref> |
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Apart from the unrestricted mobility of persons, the negotiations will also seek to address maximised and unrestricted mobility of goods between Gibraltar and the European Union, and consider matters related to the environment, the level playing field, social security coordination, citizens’ rights, data, and matters related to continued document recognition.<ref name="GibStatement" /> |
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On 6 October 2021, the EU agreed to open formal negotiations with UK anticipating an agreement on Gibraltar, and negotiations started soon after.<ref>{{Cite web|url=https://www.politico.eu/article/post-brexit-talks-on-gibraltars-future-drag-into-2022/|title=Post-Brexit talks on Gibraltar's future drag into 2022|date=16 December 2021}}</ref> They were ongoing as of February 2022; hopes were they would finish during spring 2022.<ref>{{Cite web|url=https://www.sovereigngroup.com/news/news-and-views/talks-on-gibraltars-future-relationship-with-eu-go-into-fifth-round/|title=Talks on Gibraltar's future relationship with EU go into fifth round|date=17 February 2022|website=The Sovereign Group}}</ref> {{As of|December 2022}}, negotiations were continuing,<ref>{{cite news |title=UK and Spain close in on post-Brexit deal for Gibraltar |first=Christina |last=Gallardo |date=14 December 2022 |access-date=16 December 2022 |url=https://www.politico.eu/article/uk-and-spain-close-in-on-post-brexit-deal-for-gibraltar/ |work=Politico.eu}}</ref> but appeared to be deadlocked over policing of passport control at Gibraltar airport.<ref>{{cite news |title=Spain 'ready for any scenario' as Gibraltar talks with UK falter |url=https://www.theguardian.com/world/2023/jan/02/spain-ready-for-any-scenario-as-gibraltar-talks-with-uk-falter |first1=Ashifa |last1=Kassam |first2=Jessica |last2=Elgot |work=The Guardian |date=2 January 2023 |access-date=2 January 2023}}</ref> |
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====Summary table==== |
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{|class="wikitable sortable" style="width:100%" |
|||
! State/territory |
|||
! Area (km<sup>2</sup>) |
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! Population ({{UN_Population|year}}){{UN_Population|ref}} |
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! EU accession<br/>{{refn|[[Treaty of Accession|Agreement on accession to the EU]]|group=Note}} |
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! Target date<br/>{{refn|Desired timeline of joining state for Council decision|group=Note}} |
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! class=unsortable | Obstacles |
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|- |
|- |
||
| {{flag|Cyprus}} |
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| style="text-align:right" | {{nts|9251}} |
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| style="text-align:right" | {{UN_Population|Cyprus}} |
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| style="text-align:right" | {{dts|format=dmy|2004|5|1}}<ref name="2004enlarge"/> |
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| 2024<ref>{{cite web |url=https://www.thenationalherald.com/cyprus-wants-to-join-eus-visa-free-schengen-area-in-2024-for-travel/ |title=Cyprus Wants to Join EU's Visa-Free Schengen Area in 2024 for Travel |work=The National Herald |date=22 November 2023 |access-date=29 December 2023}}</ref><ref>{{cite web |url=https://cyprus-mail.com/2023/11/21/cyprus-eyes-schengen-area-accession-in-2024-action-plan/ |title=Cyprus eyes Schengen Area accession in 2024 action plan |work=CyprusMail |last=Kades |first=Andria |date=21 November 2023 |access-date=29 December 2023}}</ref> |
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| Cease Fire line, caused by [[Cyprus conflict]].<ref>{{cite web |url=http://www.mfa.gov.cy/mfa/Embassies/BerlinEmbassy.nsf/All/9E3EA74BCAD066E5C125727D00493F03 |title=Foreign Minister says Cyprus not to join Schengen before 2010 |publisher=Embassy of the Republic of Cyprus in Berlin |access-date=17 January 2019 |archive-url=https://web.archive.org/web/20090510074152/http://www.mfa.gov.cy/mfa/Embassies/BerlinEmbassy.nsf/All/9E3EA74BCAD066E5C125727D00493F03 |archive-date=10 May 2009}}</ref> |
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|- |
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| {{flag|Gibraltar}}<br/>([[United Kingdom]]) |
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| style="text-align:right" | 6.8{{#tag:ref|The United Kingdom, the administering power, considers that the area of Gibraltar is {{cvt|6.8|km2}}, while for Spain it is {{cvt|6.7|km2}}.<ref name="A/AC.109/2015/13">{{Cite web |url=http://www.un.org/ga/search/view_doc.asp?symbol=A/AC.109/2015/13&referer=/english/&Lang=S |title=A/AC.109/2015/13. Gibraltar. Documento de trabajo preparado por la Secretaría |author=[[United Nations General Assembly]] |date=9 March 2015 |publisher=Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples}}</ref> However, the various extensions using land reclaimed from the sea have in practice increased it to {{cvt|6.8|km2}}.|group="lower-alpha"}} |
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| style="text-align:right" | {{UN_Population|Gibraltar}} |
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| style="text-align:right" | ''n/a''{{refn|Application of Schengen rules in Gibraltar is not to be conditional on joining the EU. The UK (and thus Gibraltar) was a member of the EU (but not Schengen) from 1 January 1973 to 31 January 2020. |group=Note}}<!-- I don't see that we can put the ES/UK agreement date here. --> |
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| No date set |
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| [[Effect of Brexit on Gibraltar#Post-Brexit treaty negotiations|EU and UK to negotiate a treaty]] or other arrangement for application in Gibraltar, based on the agreement reached between the UK and Spain on 31 December 2020.<ref>{{Cite web |url= https://www.gbc.gi/news/uk-government-highlights-areas-concern-gibraltar-eu-treaty-negotiations|title=UK government highlights areas of concern in the Gibraltar-EU treaty negotiations|website= GBC | place = GI}}</ref><ref>{{Cite web|url= https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:%3A52021PC0411 |title=EUR-Lex - 52021PC0411 - EN -|website= EUR-Lex | publisher = Europa}}</ref> Gibraltar is not a sovereign state, so in international law the UK acts on behalf of Gibraltar. |
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|} |
|} |
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The ''Schengen I'' agreement was originally signed on 14 June 1985, by five [[European Community]] states: [[France]], [[West Germany]] and the [[Benelux]] countries of [[Belgium]], [[Luxembourg]] and the [[Netherlands]].<ref>{{cite journal|url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:42000A0922(01):EN:HTML |title=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|accessdate=2007-12-27 |publisher=EUR-Lex|work=Official Journal |volume=L 239 |date=2000-09-22 |pages=0013–0018}}</ref> The ''Convention Implementing the Schengen Agreement'', signed on 19 June 1990, put the agreement into practice. |
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'''Notes''' |
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However, it took until 26 March 1995 for the agreement to be implemented by these countries. By then, [[Portugal]] and [[Spain]] had also signed, and the [[Germany|Federal Republic of Germany]] had absorbed [[East Germany]]. Italy and Greece had also signed, but they did not implement until 1997 and 2000, respectively. All other states also delayed the agreements' implementation. Austria signed in 1995 and implemented two years later. The Nordic states signed in 1996 and implemented in 2001. The Nordic countries had a previous passport free zone separate from the Community (and still have), which is why non-EU members Norway and Iceland are party to Schengen — as well as the undesirable cost of heavy policing on the long border which Norway shares with the EU states Sweden and Finland. |
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{{Reflist|group="Note"}} |
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===Territories of Schengen states outside the Area=== |
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Before fully implementing the Schengen laws, each new state will need to have its preparedness assessed in four areas: [[air border]]s, [[Visa (document)|visa]]s, [[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 2007.<ref>{{cite web|url=http://www.gzs.si/eng/news/sbw/head.asp?idc=20384 |title=Slovenia to Face Schengen Scrutiny This Year |accessdate=2007-10-22 |work=Slovenia Business Week}}</ref> |
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{{See also|Special territories of members of the European Economic Area}} |
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There are [[Special Member State territories and the European Union|territories of Schengen member states]] that are exempted from the Schengen Agreement. The only areas of Schengen member states located in Europe but excluded are the Faroe Islands and Svalbard. |
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==== French territories ==== |
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The French overseas departments of [[French Guiana]], [[Guadeloupe]], [[Martinique]], [[Mayotte]] and [[Réunion]], and the overseas collectivity of [[Collectivity of Saint Martin|Saint Martin]] are part of the [[European Union]] but do not form part of the Schengen Area; so one cannot travel there with a French Schengen Visa. The [[Internal Market (European Union)|freedom of movement provisions]] of the EU apply, but each territory operates its own visa regime for non-[[European Economic Area]] (EEA), non-Swiss nationals. While a visa valid for one of these territories will be valid for all, visa exemption lists differ.<ref>{{cite web|title=French Overseas Departments (DOM) and French Overseas Territories (TOM) |url=http://www.consulfrance-newyork.org/spip.php?article368 |publisher=Consulate General of France in New York |access-date=31 July 2010 |url-status=dead |archive-url=https://web.archive.org/web/20100706030116/http://www.consulfrance-newyork.org/spip.php?article368 |archive-date=6 July 2010}}</ref> A Schengen visa, even one issued by France, is not valid for these territories. A [[Visa policy of the Kingdom of the Netherlands in the Caribbean|visa for Sint Maarten]] (which is valid for travelling to the Dutch side of the island of [[Saint Martin (island)|Saint Martin]]) is also valid for the French side.<ref>{{cite web|title=Visas for the French Overseas Departments and Territories |url=http://www.consulfrance-lecap.org/spip.php?article342#Visas-for-the-French-Overseas |publisher=French Consulate of Cape Town |access-date=29 April 2011 |url-status=dead |archive-url=https://web.archive.org/web/20110517004621/http://www.consulfrance-lecap.org/spip.php?article342 |archive-date=17 May 2011}}</ref> France also has several territories which are neither part of the EU nor the Schengen Area.<ref>{{cite web|url=http://www.consulfrance-atlanta.org/IMG/html/visas_for_france.htm#tomUS |title=VISAS FOR FRANCE |url-status=dead |archive-url=https://web.archive.org/web/20110826204433/http://www.consulfrance-atlanta.org/IMG/html/visas_for_france.htm |archive-date=26 August 2011}}</ref> These are: [[French Polynesia]], [[French Southern and Antarctic Lands]], [[New Caledonia]], [[Saint Barthélemy]], [[Saint-Pierre and Miquelon]], and [[Wallis and Futuna]]. |
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==== Dutch territories ==== |
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Only the Netherlands' European territory is part of the Schengen Area. Six Dutch territories in the [[Caribbean]] are outside the Area. Three of these territories – [[Bonaire]], [[Sint Eustatius]] and [[Saba (island)|Saba]] (collectively known as the [[Caribbean Netherlands|BES islands]]) – are special municipalities within the Netherlands proper. The other three – [[Aruba]], [[Curaçao]] and [[Sint Maarten]] – are autonomous countries within the Kingdom of the Netherlands. All islands retain their status as [[Overseas countries and territories]] and are thus not part of the [[European Union]]. The six territories have a separate [[Visa policy of the Kingdom of the Netherlands in the Caribbean|visa system]] from the European part of the Netherlands and people travelling between these islands and the Schengen Area are subjected to full border checks, with a passport being required even for EU/Schengen citizens, including Dutch (national ID cards are not accepted).<ref>{{cite web|url=https://www.rijksoverheid.nl/onderwerpen/paspoort-en-identiteitskaart/vraag-en-antwoord/naar-welke-landen-reizen-met-nederlandse-identiteitskaart |title=Naar welke landen kan ik reizen met de Nederlandse identiteitskaart? |
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|date=12 January 2017 |
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|publisher=Rijksoverheid (Dutch government)}}{{cbignore|bot=medic}}</ref> |
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==== Norwegian territories ==== |
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[[Svalbard]] is part of Norway and has a [[Svalbard Treaty|special status under international law]]. It is not part of the Schengen Area. There is no visa regime in existence for Svalbard either for entry, residence or work,<ref name="svalbard">{{cite web|title=Entry and residence |url=http://www.sysselmannen.no/hovedEnkel.aspx?m=45270 |access-date=11 August 2010 |url-status=dead |archive-url=https://web.archive.org/web/20110723003904/http://www.sysselmannen.no/hovedEnkel.aspx?m=45270 |archive-date=23 July 2011}}</ref> but it is difficult to visit Svalbard without travelling through the Schengen Area,<ref name="svalbard"/> although there are charter flights from Russia. Since 2011, the Norwegian government has imposed systematic border checks on individuals wishing to enter and leave Svalbard, requiring a passport or national identity card for non-Norwegian citizens. As a result, the border between Svalbard and the rest of Norway is largely treated like any other external Schengen border.<ref>{{cite web|url=http://www.spitsbergen-svalbard.net/2010/12/21/pass-control-in-longyearbyen.html |title=Pass control in Longyearbyen |publisher=Spitsbergen-svalbard.net |access-date=2013-10-12}}</ref>{{Request quotation|date=April 2024|reason=Seems to contradict other information, web server currently unreachable.}} A Schengen visa must be multiple entry to allow returning to Norway.<ref name="sysselmannen"/> There is no welfare or asylum system for immigrants on Svalbard, and people incapable of supporting themselves may be sent away.<ref name="sysselmannen">{{cite web|url=http://www.sysselmannen.no/hovedEnkel.aspx?m=45270|title=Entry and residence |access-date=11 August 2010 |url-status=dead |archive-url=https://web.archive.org/web/20110723003904/http://www.sysselmannen.no/hovedEnkel.aspx?m=45270 |archive-date=23 July 2011}}</ref> |
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==== Danish territories ==== |
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The Danish territories of the [[Faroe Islands]] and [[Greenland]] are neither part of the European Union nor part of the Schengen Area, and visas to Denmark are not automatically valid in these territories. However, both of these territories lack border controls on arrivals from the Schengen Area, and the air or sea carriers are responsible for carrying out document checks before boarding, as is common for travel inside the Schengen Area. Citizens of EU/EFTA countries can travel to the Faroes and back using a passport or a national ID card<ref name="visitfaroeislands.com">{{Cite web |title=Passport and Visa |url=https://visitfaroeislands.com/en/plan-your-stay/before-you-arrive-in-the-faroe-islands/passport-and-visa |access-date=2022-06-29 |website=visitfaroeislands.com |language=en}}</ref> and to Greenland using a passport only,<ref name="Grønlands Repræsentation">{{Cite web |title=To and from Greenland |url=https://grl-rep.dk/en/pas/ |access-date=2022-06-29 |website=Grønlands Repræsentation}}</ref> while citizens of Denmark, Finland, Iceland, Norway or Sweden can use any acceptable identification (such as driving licences or bank ID cards; although this is advised against since aircraft might be diverted to Scotland in bad weather).<ref name="visitfaroeislands.com" /><ref name="Grønlands Repræsentation" /> |
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===EU member states and former EU member states with opt-outs=== |
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[[File:Schengen Area participation.svg|thumb|{{legend|#0088cc|EU member states participating}} {{legend|#2CA089|EU member states participating, but with land border controls still in force}} {{legend|#ffff00|EU member states not participating but obliged to join}} {{legend|#ff6666|EU member state with an opt-out}} {{legend|#7CFC00|non-EU member states participating}} {{legend|#FFA500|non-EU member states de facto participating}} {{legend|#4B0082|non-EU member states with an open border}}]] |
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When EU states were negotiating subsuming the Schengen Agreement into the EU by the [[Amsterdam Treaty|Treaty of Amsterdam]], Ireland and the United Kingdom were the only member states that had not signed the Agreement. The UK did not want to join and Ireland wished to maintain its [[Common Travel Area]] with the [[British Islands|United Kingdom and associated islands]], an arrangement that would be incompatible with Schengen membership while the UK remained out. As a result, both negotiated an [[opt-outs in the European Union|opt-out]] from the part of the treaty which was to incorporate the [[Schengen acquis|Schengen rules]] (or ''acquis'') into EU Law when it came into effect on 1 May 1999.<ref>See Article 4 of Protocol (No 19) on the Schengen Acquis integrated into the framework of the European Union ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:12016E/PRO/19]).</ref> Under the relevant protocol, either may request to participate in aspects of the Schengen ''acquis'' but this is subject to the approval of the Schengen states.<ref>See Article 4 of Protocol (No 19) on the Schengen Acquis integrated into the framework of the European Union ([https://eur-lex.europa.eu/legal-content/HU/ALL/?uri=CELEX:12016ME/TXT Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union]) and the decision of the [[European Court of Justice]] in Cases [https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:62005CJ0077 C-77/05] and [https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:62005CJ0137 C-137/05] ''United Kingdom v Council''.</ref> |
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On 31 January 2020, [[Brexit|the United Kingdom withdrew from the European Union]] and the protocol ceased to apply to it. Ireland will continue to operate the Common Travel Area and not join the Schengen Area for [[United Ireland#Good Friday Agreement|the foreseeable future]], because it wants to keep open its [[Irish border|land border with the UK]].<ref>{{cite news |url=https://www.irishtimes.com/news/world/uk/britain-guarantees-common-travel-area-without-qualification-1.2957889 |title=Britain guarantees common travel area 'without qualification' |newspaper=[[The Irish Times]] }}</ref> |
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In 1999, the UK formally requested participation in certain provisions of the Schengen ''acquis'' – Title III relating to Police Security and Judicial Cooperation, and this request was approved by the [[Council of the European Union]] on 29 May 2000.<ref>Council Decision (2000/365/EC) 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 ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32000D0365 OJ L 131, 1 June 2000, p. 43])</ref> The United Kingdom's formal participation in the previously approved areas of cooperation was put into effect by a 2004 Council decision that came into effect on 1 January 2005.<ref>Council Decision (2004/926/EC) of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004D0926:EN:NOT OJ L 395, 31 December 2004, p. 70])</ref> |
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Although the United Kingdom was not part of the Schengen passport-free area,<ref>{{cite web|title=Schengen Area|url=http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/schengen/index_en.htm |website=ec.europa.eu|publisher=European Commission|access-date=14 May 2016}}</ref> it still used the [[Schengen Information System]], a governmental database used by European countries to store and disseminate information on individuals and property. This allowed the UK to exchange information with countries that are a part of the Schengen agreement, often for the sake of liaising over law enforcement.<ref>{{cite web|title=Schengen Information System|url=http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/schengen-information-system/index_en.htm |website=ec.europa.eu|publisher=European Commission|access-date=14 May 2016}}</ref> In 2020, the UK declared its intent to withdraw from these arrangements at the end of its [[transition period]], and did so on 31 December 2020. |
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In contrast, while Ireland initially submitted a request to participate in the Schengen ''acquis'' in 2002, which was approved by the Council of the European Union,<ref>Council Decision (2002/192/EC) of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32002D0192 OJ L 64, 7 March 2002 p. 20])</ref> that decision took nearly eighteen years to be put into effect. In February 2010 the Irish Minister for Justice, in response to a parliamentary question, said that: "The measures which will enable Ireland to meet its Schengen requirements are currently being progressed".<ref name="irishquestion09">[http://debates.oireachtas.ie/DDebate.aspx?F=DAL20091210.xml&Ex=All&Page=14 Minister for Justice, Equality and Law Reform, Dermot Ahern, ''Dáil Debates'' volume 698 number 1: Priority Questions—International Agreements (10 December 2009)].</ref> Ireland joined the law enforcement aspect of SIS II on 1 January 2021 with plans to have "full operational capacity" two months later.<ref name="RTE201218">{{cite news |title=Ireland to join EU police database from 1 January as UK leaves | url=https://www.rte.ie/news/2020/1218/1185318-eu-security-system/ | author= Sean Whelan | work= RTE News | date= 18 December 2020 | access-date= 28 December 2020}}</ref><ref>{{cite web |url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32020D1745 | title= COUNCIL IMPLEMENTING DECISION (EU) 2020/1745 of 18 November 2020 on the putting into effect of the provisions of the Schengen acquis on data protection and on the provisional putting into effect of certain provisions of the Schengen acquis in Ireland | publisher= EUR-Lex}}</ref> |
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===Status of the European microstates=== |
===Status of the European microstates=== |
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{{Main|Microstates and the European Union#Future of relations}} |
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[[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. 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.<ref>{{cite web|url=http://www.andorra.ad/en-US/useful_information/Pages/frequently_asked_questions.aspx |title=Frequently asked questions |accessdate=2007-12-25 | author=Govern d'Andorra Ministeri de Turisme i Medi Ambient}}</ref> <!-- the FAQ is confusing but I interpret it to mean this: in practice you cannot enter Andorra from any country except France and Spain. If your citizenship is with an Annex I country (e.g. Indonesia) then it is presumed you have a Schengen visa to have gained entrance to France or Spain in the first place, and Andorra does not require a separate visa for itself, merely a valid passport. However, if you possess a single-entry Schengen visa, then in theory France and Spain would not allow you to re-enter the Schengen area from Andorra. You might be trapped in Andorra until granted a new Schengen visa. ANSWER: There are diplomatic missions of France and Spain in Andorra where the re-entry visa could be obtained.--> |
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[[File:The border between España and Andorra.jpg|thumb|The border checkpoint in La Farga de Moles on the [[Andorra–Spain border]]]] |
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Three [[European microstates]]—[[Monaco]], [[San Marino]] and the [[Vatican City]]—are officially not part of Schengen, but are considered ''de facto'' within the Schengen Area, as they have open borders and do not have border controls with the Schengen countries that surround them. Some national laws have the text "countries against which border control is not performed based on the Schengen Agreement and the 562/2006 EU regulation",<ref>[https://www.riksdagen.se/sv/Dokument-Lagar/Lagar/Svenskforfattningssamling/sfs_sfs-1978-302/ Passlag (1978:302)] (in Swedish)</ref> which then includes the microstates and other non-EU areas with open borders. The three microstates cannot issue Schengen visas and with the exception of Monaco, are not formally part of the Schengen Area. |
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{| class="wikitable" width=100% |
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!colspan=6|Defacto members (open border) |
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{{As of|2015}}, Andorra, Monaco and San Marino were negotiating an [[Association Agreement]] with the EU. |
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'''Andorra''' is landlocked and does not have an airport or seaport, but there are several heliports. Visitors to the country can gain access only by road or helicopter through Schengen members France or Spain. Andorra maintains border controls with both France and Spain. There are border controls in the other direction also, but these are more focused on customs control ([[Andorra]] has considerably lower taxes than its neighbours, [[Taxation in Andorra#Value added tax|with for example a standard VAT rate of just 4.5%]]). Andorra does not have any visa requirements. Citizens of EU countries need either a [[National identity cards in the European Union|national identity card]] or [[Passports of the European Union|passport]] to enter Andorra, while anyone else requires a passport or equivalent. Schengen visas are accepted,<ref name="open">{{cite web |url= https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52012SC0388 |title=Obstacles to access by Andorra, Monaco and San Marino to the EU's Internal Market and Cooperation in other Areas |year=2012 |access-date=30 March 2013}}</ref> but 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,<ref>{{cite web|url= http://visitandorra.com/en/the-country/travelling-advice|title=Travelling advice|access-date=18 July 2013| publisher =Andorra Turisme SAU}}</ref> and re-entering France or Spain is considered a new entry into the Schengen Area. Andorran citizens do not receive a [[#Passport stamp|passport stamp]] when they enter and leave the Schengen Area.<ref>Article 11(e) of the Schengen Borders Code (Regulation (EU) 2016/399) ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32016R0399 OJ L 77, 23 March 2016, pp. 1–52])</ref> Andorra's ambassador to Spain, Jaume Gaytán, has said that he hopes that the agreement will include provisions to make the states associate members of the [[Schengen Agreement]].<ref>{{cite web|url= http://thediplomatinspain.com/en-un-par-de-anos-andorra-podra-formar-parte-del-espacio-schengen/|title=En un par de años Andorra podrá formar parte del Espacio Schengen|access-date=2015-10-26|first= Alberto|last=Rubio|date=2015-10-26}}</ref> |
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'''Liechtenstein''' is landlocked and does not have an international airport. It has been a member of the Schengen Area since 2011. It does not have a border check at [[Balzers]] heliport, as flights to and from Balzers must be to or from the Schengen Area. Liechtenstein does not issue visas and as such recommends visitors apply for a visa in another Schengen country, e.g. Switzerland.<ref>{{cite web |url=http://www.liechtensteinusa.org/index.php?page=permits |title= Visa Information |publisher=Liechtenstein USA |access-date= 2013-10-12}}</ref> |
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'''Monaco''' has an open border with France. Schengen laws are administered as if it were part of the EU as a result of bilateral agreements with France, and Schengen visas are accepted. Both French and Monégasque authorities carry out checks at Monaco's seaport and heliport. |
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'''San Marino''' has an open border with Italy, although some random checks are made by Italy's [[Guardia di Finanza]] and San Marino's [[Guardia di Rocca]]. |
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The '''Vatican City''' has an open border with Italy. However, there is no customs union between Italy and Vatican City, hence vehicles may be subject to checks at the border. Typical border controls would not be suitable in Vatican City, due to its small size, high number of pedestrian visitors, and unique position as an [[Enclave and exclave|enclave]] within [[Rome]]. In 2006, the Vatican City showed interest in joining the Schengen agreement for closer cooperation in information sharing and similar activities covered by the [[Schengen Information System]].<ref>{{cite news |newspaper=euobserver.com |url= http://euobserver.com/9/20680 |title=Vatican seeks to join Schengen borderless zone |date=13 January 2006 |access-date=23 August 2011}}</ref> |
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==Economics== |
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Total trade between any two countries in the Schengen Area increases by approximately 0.1% per year. The same amount of increase in trade is gained again for every 1% annual increase in immigration between the countries.<ref name="TWE">{{Cite journal| title = The Positive Effects of the Schengen Agreement on European Trade| journal = The World Economy| volume = 37| issue = 11| pages = 1541–1557|vauthors=Davis D, Gift T | date = 2014-03-24| doi = 10.1111/twec.12158| s2cid = 154794917}}</ref><ref name="europarl">{{Cite web| title = The economic impact of suspending Schengen| author = European Parliamentary Research Service| date = March 2016| access-date = 2017-06-15| url = http://www.europarl.europa.eu/RegData/etudes/ATAG/2016/579074/EPRS_ATA(2016)579074_EN.pdf}}</ref> On average, at each border the removal of controls is equivalent to the removal of a 0.7% tariff, and the cost savings on a trade route increase with the number of internal borders crossed. Countries outside of the Schengen Area also benefit.<ref name="CEPR">{{Cite web| title = Trade costs of border controls in the Schengen area |vauthors=Felbermayr G, Gröschl J, Steinwachs T | work = [[Centre for Economic Policy Research]]| date = 2016-04-27| access-date = 2017-06-15| url = http://voxeu.org/article/trade-costs-border-controls-schengen-area}} See also: {{Cite web| title = The Trade Effect of Border Controls: Evidence from the European Schengen Agreement|vauthors=Felbermayr G, Gröschl J, Steinwachs T | date = March 2017| access-date = 2017-06-15| url = http://www.eria.org/ERIA-DP-2016-36.pdf}}</ref> |
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===Movement of people=== |
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About 1.7 million people commute to work across a European border each day, and in some regions these people constitute up to a third of the workforce. For example, 2.1% of the workers in Hungary work in another country, primarily Austria and Slovakia. Each year, there are 1.3 billion crossings of Schengen borders in total. 57 million crossings are due to transport of goods by road, with a value of €2.8 trillion each year.<ref name="europarl"/><ref>{{Cite web| title = The Future of Schengen| author = European Council on Foreign Relations| date = 2016| access-date = 2017-06-15| url = http://www.ecfr.eu/specials/scorecard/schengen_flash_scorecard}}</ref><ref>{{Cite news| title = Schengen's economic impact: Putting up barriers| newspaper = The Economist| date = 2016-02-06| access-date = 2017-06-15| url = https://www.economist.com/news/briefing/21690065-permanent-reintroduction-border-controls-would-harm-trade-europe-putting-up-barriers}}</ref> The trade in goods is affected more strongly than trade in services, and the decrease in the cost of trade varies from 0.42% to 1.59% depending on geography, trade partners, and other factors.<ref name="CEPR"/> |
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===Transit of goods=== |
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{{Copy edit|section|date=April 2024}} |
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The [[Single Administrative Document]] (SAD) (known as the Document Administratif Unique (DAU) in French and Document Unique Administratif (DUA) in Spanish) is a [[customs declaration]] form used for goods entering or exiting the [[European Union]]. It covers importation, exportation transit and is vital temporary importation for purposes such as exhibitions or specialist equipment for a specific scientific demonstration or experiment which would otherwise be liable toimport tax.<ref>[https://taxation-customs.ec.europa.eu/single-administrative-document-sad_en EU document The Single Administrative Document (SAD)]</ref> |
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The [[TIR Convention]] procedure is used for transit operations that begin, end, or move through a third (non-EU) country that is a signatory to the convention. |
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A Transit Accompanying Document (TAD) can be produced at the point of departure or by an authorised consignor. It includes a barcode and the movement reference number that matches the transit declaration. This is especially useful if goods are diverted or delayed for any reason.<ref>[https://taxation-customs.ec.europa.eu/system/files/2016-09/guidance_transit_info_changes_ucc_en.pdf EU customs document TAXUD/A2/TRA/001/2016 -REV. 1-EN]</ref> |
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[[EORI number]]s are an official link to a specific registered address of a business concerned with arranging the export, import or movement goods across the EU. It may also link to official records describing the nature of the goods ('''Union Customs code (UCC)'''<ref>https://eur-lex.europa.eu/legal-content/EN/TXT/;ELX_SESSIONID=ybKbJYTfQqCQtzT0J0Pj8wfNTwRRkDJY2pDgT57yQkHZmnyTyH66!1423684890?qid=1423149246984&uri=CELEX:02013R0952-20131030 EURLEX explanation ]</ref> together with any required certificates of compliance) and the identity of vehicles or hauliers to be used and other customs-related information. |
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==Regulation of internal borders== |
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[[File:SchengenGrenzeBayern-Tirol.jpg|thumb|A typical Schengen internal border crossing has no border control post and only a common EU-state sign displaying the name of the country being entered, as here between Germany and Austria. The larger blue sign announces entry to the ''Federal Republic of Germany'' in German, the smaller white sign announces entry into the German [[States of Germany|state]] of [[Bavaria]].|alt=Two road-signs on the side of an open stretch of a two-lane highway.]] |
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Before the implementation of the [[Schengen Agreement]], most borders in Europe were patrolled and a vast network of border posts existed around the continent, to check the identity and entitlement of people wishing to travel from one country to another. |
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Since the implementation of the Schengen rules, border posts have been closed (and often entirely removed) between participating countries. |
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The ''Schengen Borders Code'' requires participating states to remove all obstacles to free traffic flow at internal borders.<ref>Article 22 of the former Schengen Borders Code ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R0562:EN:NOT OJ L 105, 13 April 2006, p. 1]).</ref> Thus, road, rail and air passengers no longer have their identity checked by border guards when travelling between Schengen countries, although security controls by carriers are still permissible.<ref>{{nowrap|Article 21 (b)}} of the former Schengen Borders Code ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R0562:EN:NOT OJ L 105, 13 April 2006, p. 1]).</ref> Per EU guidelines all [[EU citizens]] are advised to bring a [[passport]] and/or [[national identity card]], as one may be required.<!-- See following paragraphs for more details and sources.--> |
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[[#Passport stamp|Passport stamps]] are never issued when travelling between Schengen member states, even when border controls between Schengen member states are temporarily re-introduced.<ref>Report from the Commission to the European Parliament and the Council on the operation of the provisions on stamping of the travel documents of third-country nationals in accordance with Articles 10 and 11 of Regulation (EC) No 562/2006 ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52009DC0489 COM (2009) 489, p. 8])</ref> |
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===Internal checks=== |
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Although EU and EFTA nationals travelling within the Schengen Area are not required to show [[Passports of the European Union|passports]], [[National identity cards in the European Economic Area|national identity cards]] or other identity documents at an internal border, the laws of most countries still require them to carry national identity documents and to produce them to an authorised person on request.<ref name="entryexit">{{cite web|url=https://europa.eu/youreurope/citizens/travel/entry-exit/index_en.htm |title=Documents you need for travel in Europe |access-date=27 December 2019}}</ref> Different rules apply to other nationals.<ref name="entryexit" /> It is the obligation of everyone travelling within the area to be able to show a fully valid form of personal identification accepted by other Schengen states, typically one issued by the state.<ref name="Travel documents for non-EU nationals">{{cite web |url=https://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-nationals/index_en.htm |title=Travel documents for non-EU nationals |access-date=3 June 2018}}</ref><ref>{{cite web|url=http://www.kefairport.is/English/Before-Departure/Passport-Control-Schengen/ |title=Passport Control & Schengen |access-date=8 August 2012}}</ref> |
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According to the Schengen rules, hotels and other types of commercial accommodation must register all foreign citizens, including citizens of other Schengen states, by requiring the completion of a registration form by their own hand. This does not apply to accompanying spouses and minor children or members of travel groups. In addition, a valid identification document has to be produced to the hotel manager or staff.<ref>Article 45 of the Schengen Convention.</ref> The Schengen rules do not require any other procedures; thus, the Schengen states are free to regulate further details on the content of the registration forms, and identity documents which are to be produced, and may also require the persons exempted from registration by Schengen laws to be registered. Enforcement of these rules varies by country. |
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The Schengen regulation on crossing internal borders<ref>[https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32006R0562 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)] See Title III Article 21</ref> describes the checks for foreigners done by the police at suitable places inside each country.{{clarify|date=June 2016}} |
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===Internal controls=== |
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The [[European Union]] constitutes a [[European Union Customs Union|customs union]] and a [[European Union Value Added Tax Area|Value Added Tax area]]. However, not all Schengen states or all of the territory of Schengen states are part of the customs union or VAT area. Some countries therefore legally conduct customs controls targeted at illegal goods, such as drugs. |
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Security checks can legally be carried out at ports and airports. Also police checks can be conducted if they:<ref>{{Cite web|url=https://eur-lex.europa.eu/eli/reg/2016/399/oj/eng|title=EUR-Lex - 32016R0399 - EN - EUR-Lex|website=eur-lex.europa.eu}}</ref> |
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* do not have border control as an objective; |
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* are based on general police information and experience regarding possible threats to public security and aim, in particular, to combat cross-border crime; |
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* are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders; |
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* are carried out on the basis of spot-checks. |
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===Air travel=== |
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[[File:RIX Schengen arrival.jpg|thumb|Schengen arrival gate at Rīga Airport (RIX)]] |
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For flights within the Schengen Area (either between Schengen member states or within the same Schengen member state), law enforcement agencies, airport authorities and air carriers are permitted only to carry out ''security'' checks on passengers and may not carry out border checks.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32006R0562|title=EUR-Lex - 32006R0562 - EN - EUR-Lex|website=eur-lex.europa.eu}}</ref><ref name="Commission report 2010">Report from the Commission to the European Parliament and the Council on the application of Title III (Internal Borders) of Regulation (EC) No 562/2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) [https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52010DC0554 COM(2010) 554], pg 5–6</ref> Such security checks can be conducted through the verification of the passenger's [[passport]] or [[National identity cards in the European Economic Area|national identity card]]:<ref>{{cite web|url=http://www.europarl.europa.eu/sides/getAllAnswers.do?reference=E-2005-3037&language=EN |title=Answer given by Mr Frattini on behalf of the Commission |date=20 September 2005 |access-date=8 August 2012}}</ref><ref>{{cite web|url=http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/index_en.htm |title=Schengen, Borders & Visas |date=16 July 2012 |access-date=8 August 2012}}</ref> such a practice must be used only to verify the passenger's identity (for commercial or transport security reasons) and not his or her immigration status.<ref name="Commission report 2010"/> For this reason, law enforcement agencies, airport authorities and air carriers cannot require air passengers flying within the Schengen Area who are third-country nationals to prove the legality of their stay by showing a valid visa or residence permit.<ref name="Commission report 2010"/> In addition, according to European Commission guidelines, identity checks on air passengers flying within the Schengen Area should take place only either at check-in, or upon entry to the secured zone of the airport, or at the boarding gate: passengers should not be required to undergo a verification of their identity on more than one occasion before their flight within the Schengen Area.<ref name="Commission report 2010"/> Notwithstanding those principles, the identity checks function as practical border controls and they affect illegal immigrants who arrive in Greece (which currently has no land border to another Schengen country) and want to go to some other Schengen country.<ref>[http://www.dw.com/en/macedonias-refugee-dilemma/a-19037282 Macedonia's refugee dilemma] (Deutsche Welle 10 February 2016)</ref><ref>[https://news.yahoo.com/flying-fake-id-refugees-path-less-travelled-europe-044652323.html Flying on a fake ID: refugees' path less travelled to Europe] (Yahoo 21 October 2015)</ref> The requirements as to which [[identity document]] to possess varies by country and airline. Normally a passport or EU national identity card is needed. |
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Travellers boarding flights between Schengen countries, but originating from a third country outside the area, are required to go through Schengen entry border checks upon arrival in the Schengen Area. This is because the route originates outside the Schengen Area and the authorities at the final destination would have no way of differentiating between arriving passengers who boarded at the origin and those who joined in the middle. Additionally, travellers are required to process through Schengen exit border checks upon departure. |
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===Temporary border controls=== |
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[[File:German-Danish Border.jpg|thumb|Temporary border controls conducted by the [[Police of Denmark|Danish Police]] in [[Kruså]] at the [[Denmark–Germany border|internal border with Germany]]]] |
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A Schengen member state is permitted to reinstate border controls with another Schengen member state for a short period where there is a serious threat to that state's "public policy or internal security" or when the "control of an external border is no longer ensured due to exceptional circumstances".<ref>{{cite web|url=http://www.france24.com/en/20120608-european-union-schengen-border-control-migrants-refugees |title=EU agrees short-term border closures to block migrants |date=8 June 2012 |access-date=8 August 2012}}</ref> When such risks arise out of foreseeable events, the state in question must notify the European Commission in advance and consult with other Schengen states.<ref>Chapter II of the Schengen Borders Code ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R0562:EN:NOT OJ L 105, 13 April 2006, p. 1]).</ref> |
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The introduction of temporary controls at internal borders is a prerogative of the member states. Although the [[European Commission]] may issue an opinion about the necessity and proportionality of introducing temporary controls at internal borders, it cannot veto or override such a decision if it is taken by a member state.<ref name="temporary_controls">{{cite web|url=http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/schengen/reintroduction-border-control/index_en.htm|title=Temporary Reintroduction of Border Control|date=2016-12-06|publisher=[[European Commission]]|access-date=24 May 2020}}</ref> |
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In April 2022 the [[European Court of Justice]] clarified that temporary internal border controls cannot exceed a duration of six months for one and the same threat. Only in case of a new serious threat "the member state may apply such a measure afresh, even immediately after the six-moth period has ended."<ref>{{cite web|url=https://curia.europa.eu/jcms/upload/docs/application/pdf/2022-04/cp220064en.pdf|title=Where there is a serious threat to its public policy or internal security, a Member State may reintroduce border control at its borders with other Member States, but without exceeding a maximum total duration of six months|date=2022-04-26|publisher=[[European Court of Justice]]|access-date=2024-02-01}}</ref><ref>{{cite web|url=https://curia.europa.eu/juris/document/document.jsf?text=&docid=258262&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=762043|title=ECLI:EU:C:2022:298, JUDGMENT OF THE COURT (Grand Chamber) in Joined Cases C‑368/20 and C‑369/20|date=2022-04-26|access-date=2024-02-01}}</ref> |
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The ruling reinforced existing criticism of the quasi permanent controls in several member states since 2015 as being an unlawful violation of the Schengen Code.<ref>{{cite journal |last1=Salomon |first1=Stefan |last2=Rijpma |first2=Jorrit |date=2023 |title=A Europe Without Internal Frontiers: Challenging the Reintroduction of Border Controls in the Schengen Area in the Light of Union Citizenship |url=https://pure.uva.nl/ws/files/123714655/a_europe_without_internal_frontiers_challenging_the_reintroduction_of_border_controls_in_the_schengen_area_in_the_light_of_union_citizenship.pdf |journal=German Law Journal |volume=24 |issue=2 |pages=281–309 |doi=10.1017/glj.2021.60 |access-date=2024-02-01}}</ref><ref>{{cite journal|url=https://verfassungsblog.de/das-ende-von-schengen/ |title=Das Ende von Schengen? |last1=Mangold |first1= Anna Katharina|last2=Kompatscher |first2=Anna|journal=Verfassungsblog | date=2023-02-23|access-date=2024-02-01}} |
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</ref><ref>{{cite news |last=Melchior |first=Sigrid |date=2022-08-08 |title=EU-experter: De svenska gränskontrollerna är olagliga |trans-title=EU Experts: The Swedish border controls are unlawful |url=https://www.dn.se/sverige/eu-experter-de-svenska-granskontrollerna-ar-olagliga/ |language=Swedish |work=Dagens Nyheter |location=Stockholm |access-date=2024-02-01}} |
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</ref><ref>{{cite news|author=<!--not stated-->|title=Grenzkontrollen nach Dänemark laut Studie unverhältnismäßig |trans-title=Border controls on Danish border clearly disproportionate |url=https://www.ndr.de/nachrichten/schleswig-holstein/Grenzkontrollen-nach-Daenemark-laut-Studie-unverhaeltnismaessig,grenzkontrollen256.html |language=German |work=NDR |access-date=2024-02-01 |date=2023-02-18}} |
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</ref> |
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In April 2010, Malta introduced temporary checks due to [[Pope Benedict XVI]]'s visit.<ref>{{cite news |url=http://www.timesofmalta.com/articles/view/20100405/local/border-checks-are-back |title=Border checks are back |newspaper=Times of Malta |date=5 April 2010 |access-date=9 May 2010}}</ref> It reimposed checks in 2015 in the weeks surrounding the [[CHOGM 2015|Commonwealth Heads of Government Meeting]]. |
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Estonia introduced temporary checks in September 2014 due to the visit of US President [[Barack Obama]].<ref>{{cite web|url=https://www.visittallinn.ee/eng/visitor/discover/news/aid-16547/changes-in-travelling-during-us-president-barack-obama-s-visit-to-estonia|title=Changes in travelling during US President Barack Obama's visit to Estonia|publisher=Visit Tallinn|access-date=19 December 2018}}</ref> |
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In response to the [[European migrant crisis]] in 2015, several Schengen countries set up border controls. |
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In November 2017, Germany introduced temporary checks on flights arriving from Greece.<ref>{{cite web|url=https://griechenland.diplo.de/gr-de/aktuelles/-/1496852 |title=Border controls for flights from Greece to Germany - What should travelers know now? |publisher=German Missions in Greece |date=27 November 2017 |access-date=18 April 2020 |archive-url=https://web.archive.org/web/20200418104918/https://griechenland.diplo.de/gr-de/aktuelles/-/1496852 |archive-date=18 April 2020}}</ref><ref>{{cite news |url=https://www.ekathimerini.com/223356/article/ekathimerini/news/greek-anger-over-schengen-checks-at-german-airports |title=Greek anger over Schengen checks at German airports |newspaper=[[Kathimerini]] |last=Nedos |first=Vassilis |date=17 November 2017 |access-date=18 April 2020}}</ref><ref>{{cite news |url=https://www.dw.com/en/greeks-condemn-controversial-german-airport-checks/a-41547470 |title=Greeks condemn controversial German airport checks |last=Carassava |first=Anthee |publisher=[[Deutsche Welle]] |date=28 November 2017 |access-date=18 April 2020}}</ref> Between November 2017 and February 2018, of the 280,000 passengers on flights from Greece who were checked on arrival in Germany, 270 were denied entry into Germany.<ref>{{cite news |url=https://www.ekathimerini.com/226922/article/ekathimerini/news/data-seem-to-vindicate-greeces-reaction-to-german-airport-checks |title=Data seem to vindicate Greece's reaction to German airport checks |newspaper=[[Kathimerini]] |date=21 March 2018 |access-date=18 April 2020}}</ref> On 12 May 2018, Germany ended the temporary checks on incoming flights from Greece.<ref>{{cite news |url=https://thegreekobserver.com/blog/2018/04/18/avramopoulos-welcomes-germanys-decision-to-suspend-border-controls-for-flights-from-greece/ |title=Avramopoulos welcomes Germany's decision to suspend border controls for flights from Greece |newspaper=The Greek Observer |date=18 April 2018 |access-date=18 April 2020 |archive-url=https://web.archive.org/web/20200418110929/https://thegreekobserver.com/blog/2018/04/18/avramopoulos-welcomes-germanys-decision-to-suspend-border-controls-for-flights-from-greece/ |archive-date=18 April 2020}}</ref> |
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In 2019, Denmark set up border controls with Sweden due to serious attacks by Swedish citizens.<ref>{{cite news |title=Denmark sets up temporary border control with Sweden after attacks |url=https://www.reuters.com/article/us-denmark-border-sweden/denmark-sets-up-temporary-border-control-at-border-with-sweden-idUSKBN1WP0QZ |access-date=13 November 2019 |work=Reuters|date=10 October 2019 |archive-url=https://web.archive.org/web/20191011073226/https://www.reuters.com/article/us-denmark-border-sweden/denmark-sets-up-temporary-border-control-at-border-with-sweden-idUSKBN1WP0QZ |archive-date=11 October 2019 |quote=Swedes were suspected of being behind a number of serious attacks this year in the Danish capital Copenhagen}}</ref> The controls were scheduled to be in force for six months.<ref>{{Cite web|url=https://www.forbes.com/sites/davidnikel/2019/10/14/denmark-introduces-checks-on-swedish-border-to-combat-terrorism-travel-delays-expected/|title=Denmark Introduces Checks on Swedish Border To Combat Terrorism, Travel Delays Expected|first=David|last=Nikel|website=Forbes}}</ref> |
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In response to the [[COVID-19 pandemic]] in 2020, almost all Schengen countries set up border controls. Several of these controls blocked citizens of EU/Schengen countries from entering, allowed only citizens or residents of the country to enter, plus prioritised traffic like food transport.<ref>{{cite news |title=Europe Barricades Borders to Slow Coronavirus |url=https://www.nytimes.com/2020/03/17/world/europe/EU-closes-borders-virus.html |archive-url=https://web.archive.org/web/20200317191033/https://www.nytimes.com/2020/03/17/world/europe/EU-closes-borders-virus.html |archive-date=2020-03-17 |url-access=subscription |url-status=live |work=The New York Times |date=17 March 2020}}</ref> On 27 March 2020, the [[European Commission]] published 'Guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak', stating that member states should allow cross-border workers 'unhindered access' and 'ensure a smooth passage' across the internal Schengen borders if they exercise a 'critical occupation' (such as health professionals, care workers, scientists in health-related fields, workers in the pharmaceutical and medical services/food/transportation/essential infrastructure industries, engineers, Information and Communications Technology professionals, firefighters/police officers/prison officers/security guards, fishermen and public servants). Further, any health screening for cross-border workers must be carried out under the same conditions as the member state's own nationals exercising the same occupations.<ref>Guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak ([http://ec.europa.eu/social/BlobServlet?docId=22473&langId=en C (2020) 2051, 27 March 2020])</ref> |
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====Currently imposed internal border controls==== |
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[[File:Border controls at internal and external Schengen borders.svg|thumb|upright=1.2|The yellow and green-coloured countries indicate Schengen members. The green lines indicate internal Schengen land borders without border controls, the yellow lines indicate internal Schengen land borders with ongoing temporary border controls and the red lines indicate the external Schengen land borders with or without full border controls.]] |
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The table below lists ongoing internal border controls, according to the information that the member states have provided to the [[European Commission]].<ref>{{Cite web|last=Anonymous|date=2016-12-06|title=Temporary Reintroduction of Border Control|url=https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/schengen/reintroduction-border-control_en|access-date=2021-07-20|website=Migration and Home Affairs - European Commission|language=en}}</ref><ref>{{cite web |title=Member States' notifications of the temporary reintroduction of border control at internal borders pursuant to Article 25 and 28 et seq. of the Schengen Borders Code |url=https://ec.europa.eu/home-affairs/system/files/2022-05/Full%20list%20of%20notifications-03052022_en.pdf |publisher=European Commission |access-date=7 May 2022}}</ref> Health checks at the borders are not legally considered to be border controls.<ref>{{Cite web|url=https://euobserver.com/tickers/147729|title=[Ticker] Commission: Intra-EU health checks not 'border controls'|website=EUobserver|date=13 March 2020 }}</ref> |
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{|class="wikitable sortable" |
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! Member state |
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! Internal borders currently concerned |
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! class=unsortable|Official reasons (may have varied over time) |
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! width=110pt|First day |
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! Last day (currently planned)<!-- Please leave entries below blank until we have reliable source that reports that the controls have in fact ended. Wikipedia is not a crystal ball. The table footnote should be enough. --> |
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|- |
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|{{flagcountry|Austria}} |
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|Land borders with Slovenia and Hungary |
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|[[European migrant crisis]], pressure on the asylum reception system, high migratory pressure at the EU’s external border to Türkiye and the Western Balkans, threat of arms trafficking and criminal networks due to the war in Ukraine, human smuggling |
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|style="text-align:center;"|16 September 2015 |
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|style="text-align:center;"|''11 November 2024'' |
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|- |
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|{{flagcountry|Austria}} |
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|Land border with Slovakia |
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| Extensive secondary migration |
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|style="text-align:center;"|4 October 2023 |
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|style="text-align:center;"|''2 June 2024'' |
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|- |
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|{{flagcountry|Denmark}} |
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|Land border and ferry connections with Germany |
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|[[European migrant crisis]], Islamist terrorist threat, organised crime, smuggling, [[2022 Invasion of Ukraine|2022 invasion of Ukraine]], irregular migration along the Central Mediterranean route |
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| style="text-align:center;" |4 January 2016 |
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| style="text-align:center;" |''11 November 2024'' |
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|- |
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|{{Flag|France}} |
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|Internal borders with Belgium, Luxembourg, Germany, Switzerland, Italy and Spain |
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|[[Terrorism in France|Terrorism]], [[European Migrant Crisis|European migrant crisis]], [[2022 Invasion of Ukraine|2022 invasion of Ukraine]], increase in irregular entry flows at the external borders |
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| style="text-align:center;" |27 July 2016 |
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| style="text-align:center;" |''31 October 2024'' |
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|- |
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|{{flagcountry|Germany}} |
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|Land border with Austria |
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|[[European migrant crisis]], increase in irregular migration from Turkey through the Western Balkans, strain on the asylum reception system, human smuggling |
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| style="text-align:center;" |13 September 2015 |
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| style="text-align:center;" |''11 November 2024'' |
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|- |
|- |
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|{{flagcountry|Norway}} |
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! class="unsortable"| Flag |
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|Ports with ferry connections to the Schengen area |
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! width="90px" | State |
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|[[2022 Russian invasion of Ukraine|2022 invasion of Ukraine]], threat to critical on-shore and off-shore infrastructures |
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! width="110px" | Since |
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| style="text-align:center;" |26 November 2015 |
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! Notes |
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| style="text-align:center;" |''11 November 2024'' |
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|- |
|- |
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| |
|{{flagcountry|Sweden}} |
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|All internal borders |
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| [[Monaco]] |
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|[[European migrant crisis]], Islamist terrorist threat |
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| {{dts|link=off|format=dmy| 1995|3|26}} |
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| style="text-align:center;" |12 November 2015 |
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| <small>Schengen laws are administered as if Monaco were a part of France, with French authorities carrying out checks at Monaco's sea port.</small> |
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| style="text-align:center;" |''11 November 2024'' |
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|- |
|- |
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| |
|{{flagcountry|Italy}} |
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|Land border with Slovenia |
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| [[San Marino]] |
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|[[Israel-Hamas war]], [[European migrant crisis]], Islamist terrorist threat |
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| {{dts|link=off|format=dmy| 1997|10|26}} |
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| style="text-align:center;" |21 October 2023 |
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| <small>Although not formally part of the Schengen area, it has an open border with Italy (although some random checks are made by Carabinieri, Polizia di San Marino and Guardia di Finanza). |
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| style="text-align:center;" |''18 June 2024'' |
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</small> |
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|- |
|- |
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|{{flagcountry|Slovenia}} |
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| {{flagicon|Vatican City}} |
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|Land borders with Croatia and Hungary |
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| [[Vatican City]] |
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|[[Israel-Hamas war]], [[2022 Russian invasion of Ukraine|2022 invasion of Ukraine]], [[European migrant crisis]], Islamist terrorist threat, organized crime |
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| {{dts|link=off|format=dmy| 1997|10|26}} |
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| style="text-align:center;" |21 October 2023 |
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| <small>It has an open border (only exit) with Italy and has shown an interest in joining the agreement formally for closer cooperation in information sharing and similar activities covered by the [[Schengen Information System]].<ref>{{cite web |work=euobserver.com |url=http://euobserver.com/9/20680 |title=Vatican seeks to join Schengen borderless zone}}</ref></small> |
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| style="text-align:center;" |''21 June 2024'' |
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|} |
|} |
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====French controls against migrants from northern Africa==== |
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===Status of the United Kingdom and Ireland=== |
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Following the [[Tunisian Revolution]] of 2010–11, the government of Italy gave six-month residence permits to some 25,000 Tunisian migrants.<ref name="AFP20110725">{{cite web |url=http://www.liberation.fr/monde/01012350853-migrants-tunisiens-la-france-et-l-italie-ont-viole-l-esprit-de-schengen-pas-ses-regles |agency=Agence France-Presse |title=Migrants tunisiens: la France et l'Italie ont "violé l'esprit" de Schengen, pas ses règles |language=fr |date=25 July 2011 |access-date=25 July 2011 |archive-date=1 October 2012 |archive-url=https://web.archive.org/web/20121001161322/http://www.liberation.fr/monde/01012350853-migrants-tunisiens-la-france-et-l-italie-ont-viole-l-esprit-de-schengen-pas-ses-regles |url-status=dead }}</ref><ref name="Waterfield">{{cite news |author=Bruno Waterfield |date=22 April 2011 |access-date=25 July 2011 |newspaper=The Telegraph |title=France threatens to 'suspend' Schengen Treaty |url=https://www.telegraph.co.uk/news/worldnews/europe/italy/8468981/France-threatens-to-suspend-Schengen-Treaty.html |archive-url=https://ghostarchive.org/archive/20220111/https://www.telegraph.co.uk/news/worldnews/europe/italy/8468981/France-threatens-to-suspend-Schengen-Treaty.html |archive-date=11 January 2022 |url-access=subscription |url-status=live}}{{cbignore}}</ref> This allowed the migrants to travel freely in the Schengen Area. In response, both France and Germany threatened to impose border checks, not wanting the Tunisian refugees to enter their territory.<ref name="Waterfield"/> In April 2011, for several hours, France blocked trains carrying the migrants at the [[French—Italy border]] at [[Ventimiglia, Italy|Ventimiglia]].<ref name="Waterfield"/> |
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The [[United Kingdom]] and [[Republic of Ireland|Ireland]] are the only two EU members before the 2004 enlargement that did not sign the 1990 Schengen Convention (''Schengen II'') and that reserved themselves an [[Opt-outs in the European Union|opt-out]] in the [[Treaty of Amsterdam]]. Although that treaty transferred the existing Schengen rules into the law of the European Union, which is also applicable in the United Kingdom and in Ireland, not all provisions which were made under the Schengen treaties became applicable in the UK and Ireland. Furthermore, the new EU competence to pass new laws in the areas which were governed by the Schengen rules did not automatically extend to the UK and Ireland. However, the United Kingdom and Ireland may apply for an ''opt-in'' to partial or complete application of the Schengen laws; this selective "opt-in" arrangement has been ruled by the European Court of Justice as being entirely at the discretion of the Schengen states, and not a legal right of the UK or Ireland. |
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At the request of France, in May 2011 the [[European Commissioner for Home Affairs]], [[Cecilia Malmström]] proposed that more latitude would be available for the temporary re-establishment of border control in the case of strong and unexpected migratory pressure, or the failure of a state to protect the external borders of the EU.<ref name="AFP20110725"/> |
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The UK and Ireland maintain a [[Common Travel Area]] with no border controls; thus Ireland 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 UK made use of the possibility to ''opt in'', and asked to participate in a number of provisions of the Schengen acquis, and this was granted by the EU Council on 29 May 2000, having effect on 2 June 2000, also in [[Gibraltar]].<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]</ref> Following that, Ireland made a similar request, which was granted by the EU Council on 28 February 2002, effective 1 April 2002.<ref name=EU-Council_2002-02-28>[http://eur-lex.europa.eu/LexUriServ/site/en/oj/2002/l_064/l_06420020307en00200023.pdf 2002/192/EC: Council Decision of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen ''acquis'']</ref> Therefore, the part of the Schengen rules which cover police and judicial co-operation do apply in both the [[United Kingdom]] and [[Ireland]], but not the regulations covering visas and border controls. |
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On 25 July 2011, in delivering the European Commission's final assessment on the measures taken by Italy and France,<ref name="Malmström20110725">{{cite web |url=http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/11/538&language=EN&guiLanguage=en |title=MEMO/11/538 – Statement by Commissioner Malmström on the compliance of Italian and French measures with the Schengen acquis |date=25 July 2011 |publisher=European Union |work=Europa Press releases RAPID |access-date=25 July 2011}}</ref> the Home Affairs Commissioner said, "from a formal point of view steps taken by Italian and French authorities have been in compliance with EU law. However, I regret that the spirit of the Schengen rules has not been fully respected".<ref name="Malmström20110725"/> Ms. Malmström also called for a more coherent interpretation of the Schengen rules and a stronger evaluation and monitoring system for the Schengen Area.<ref name="Malmström20110725"/> |
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The reluctance of the UK government to join the agreement has been criticised by the House of Lords<ref>[http://www.publications.parliament.uk/pa/ld200607/ldselect/ldeucom/49/49.pdf Schengen Information System II (SIS II)-House of Lords European Union Committee 9th Report of Session 2006-07]</ref>, 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, for immigration control purposes.<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> |
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====2015 migrant crisis==== |
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A 1999 report by the European Communities Select Committee of the House of Lords recommended “full United Kingdom participation” in Schengen: “We believe that in the three major areas of Schengen—border controls, police co-operation (SIS) and visa/asylum/immigration policy—there is a strong case, in the interests of the United Kingdom and its people, for full United Kingdom participation.”<ref>[http://www.publications.parliament.uk/pa/ld199899/ldselect/ldeucom/37/3705.htm Schengen and the United Kingdom's Border Controls. Part 4: Opinion of the Committee] House of Lords. 1999-03-10. Retrieved on 2008-12-29</ref> |
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During the [[European migrant crisis|migrant crisis]] of September 2015, Germany announced it was temporarily bringing border controls back in accordance with the provisions on temporary border controls laid down by the Schengen acquis. Such border controls appear to be an attempt to prevent disorder from making the crisis worse. |
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Open borders appeared to have impeded Germany's ability to provide for very large numbers of persons seeking refuge all at once. |
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Germany signals the border controls are only temporary, and only to support an orderly flow of migration into the area.{{Update after|2015|12|01||reason=In-Schengen border controls should last 1 months only and soon the text has to be reviewed.}} |
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Other countries, including Austria, Denmark, Slovenia, Hungary, Sweden and Norway have set up border controls in response to the crisis.<ref name="temporary_controls_pdf">{{cite web|title=Member States' notifications of the temporary reintroduction of border control at internal borders pursuant to Article 23 ''et seq.'' of the Schengen Borders Code|url=http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/schengen/reintroduction-border-control/docs/ms_notifications_-_reintroduction_of_border_control_en.pdf |website=ec.europa.eu|publisher=European Commission|access-date=16 February 2016}}</ref> |
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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.<ref>{{cite web|url=http://www.ireland.com/newspaper/frontpage/2007/1024/1193158824220.html|date=2007-10-24|title=Irish will need passports to visit Britain from 2009|accessdate=2007-10-25|work=ireland.com|first=Stephen |last=Collins}}</ref> However, in response to a question on the issue, the former Irish [[Taoiseach]] [[Bertie Ahern]] stated "On the question of whether this is the end of the common travel area and should we join Schengen, the answer is 'No'."<ref>{{cite journal|url=http://debates.oireachtas.ie/DDebate.aspx?F=DAL20071024.xml&Page=1&Ex=116#N116 |title=Parliamentary Debates (Official Report - Unrevised) Dáil Éireann |date=2007-10-24 |volume=640 |issue=2 |journal=Dáil Debate |publisher=Office of the Houses of the Oireachtas |location=Leinster House, Dublin 2, Ireland}}</ref> |
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In December 2015, Sweden passed a temporary law that allows the government to oblige all transport companies to check that their passengers carry valid photographic identification. The new law came into effect on 21 December 2015 and was valid until 21 December 2018.<ref>{{cite web|url=http://www.riksdagen.se/sv/Dokument-Lagar/Utskottens-dokument/Betankanden/Arenden/201516/JuU24/|title=Särskilda åtgärder vid allvarlig fara för den allmänna ordningen eller den inre säkerheten i landet Justitieutskottets Betänkande 2015/16:JuU24 - Riksdagen|last=Riksdagsförvaltningen}}</ref> The government decided that the new rules would apply from 4 January 2016 until 4 July 2016. The law led to the mandatory train change and passage through border control at Copenhagen Airport for travellers between Copenhagen and Sweden, and with a reduction in service frequency.<ref>[https://www.bbc.com/news/world-europe-35159183 Migrant crisis: Sweden operator cancels trains on bridge link] BBC News website, accessed 23 December 2015<!-- News sites have somewhat misunderstood the thing. Direct trains are cancelled but it will be possible to travel with a train change, although SJ cancelled all their operations. This info has to be reassessed in January 2016. --></ref> Sweden had introduced border control from Denmark earlier (15 November 2015), but that could not stop the migrant flow, since they have the right to apply for asylum once on Swedish ground. First when the transport companies had to stop foreigners on the Danish side, asylum seekers were efficiently stopped. This caused considerable disruption to the train traffic since the [[Copenhagen Airport, Kastrup Station|railway station]] did not have capacity for such checks. These checks lasted until 4 May 2017, after the EU commission declared such checks not acceptable. |
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==Rules concerning border controls== |
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===Travel without internal border controls=== |
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On 30 May 2018, when the migrant crisis border controls were still active in some countries, the European Parliament decided to [[European Union response to the 2015 migrant crisis|condemn prolonged border checks]] between Schengen Area member countries.<ref>{{cite web|url=http://www.europarl.europa.eu/news/en/press-room/20180524IPR04217/the-schengen-area-is-at-a-crossroads|title=The Schengen area is at a crossroads - News - European Parliament|date=30 May 2018|website=www.europarl.europa.eu}}</ref> But this was only a statement as the Parliament does not decide this. |
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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, a vast network of border posts existed around the continent which disrupted traffic and trade—causing delays and costs to both businesses and visitors. |
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====2015 Paris attacks==== |
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Since the implementation 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.<ref>Article 22 of the [http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_105/l_10520060413en00010032.pdf Schengen Borders Code].</ref> 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).<ref>Article 21 (b) of the [http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_105/l_10520060413en00010032.pdf Schengen Borders Code].</ref> Citizens of non-EU, non-[[European Economic Area|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. |
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After the [[November 2015 Paris attacks]], France introduced full identity and nationality checks at its borders. |
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====Coronavirus response in 2020==== |
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<gallery> |
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{{See also|Travel restrictions related to the COVID-19 pandemic#Europe}} |
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Image:OffeneGrenzeNiederndorf-Oberaudorf.jpg|A typical Schengen internal border (here near [[Kufstein]] between [[Germany]] and [[Austria]]): the traffic island marks the spot where a control post once stood; it was removed in 2000. |
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[[File:Germany-Poland Lubieszyn Border Covid-19.jpg|thumb|[[Roadblock]]s and [[police vehicle]]s at the temporarily closed [[Germany-Poland border]] in Lubieszyn on 15 March 2020 during the [[COVID-19 pandemic]]]] |
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Image:B1 Anfang Aachen 01.jpg|Some Schengen internal borders can be found within closely built-up areas – here near [[Aachen]] between [[Germany]] and the [[Netherlands]]: The right side of the road is in the Netherlands, but the left-turn lane is actually in Germany.{{Fact|date=January 2009}} |
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Image:Baarle-Nassau frontière café.jpg|The internal Schengen border between the [[Netherlands]] and [[Belgium]] is clearly marked between [[Baarle-Nassau]] and [[Baarle-Hertog]]. |
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Image:Eurode-Business-Center.jpg|The border between the [[Netherlands]] and [[Germany]] crosses through this building of the ''Eurode Business Centre'' in [[Kerkrade]] and [[Herzogenrath]]. The facility also contains a jointly operated Dutch-German police station. |
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</gallery> |
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Although some European politicians did call for Europe's internal borders to be temporarily closed,<ref>{{cite news |title=Coronavirus: European borders likely to remain open despite crisis in Italy, observers say |url=https://www.scmp.com/news/china/diplomacy/article/3073897/coronavirus-european-borders-likely-remain-open-despite-crisis |work=[[South China Morning Post]] |date=7 March 2020}}</ref> the [[European Union]] decided in late February 2020 to turn down the idea of suspending the Schengen free travel area and introducing border controls with Italy.<ref name="dw-schengen">{{cite news |title=Coronavirus: EU rules out Schengen border closures amid Italy outbreak |url=https://www.dw.com/en/coronavirus-eu-rules-out-schengen-border-closures-amid-italy-outbreak/a-52497811 |publisher=Deutsche Welle |date=24 February 2020}}</ref><ref>{{cite news |title=Salvini and Le Pen Don't Have a Coronavirus Cure |url=https://www.bloomberg.com/opinion/articles/2020-02-25/salvini-and-le-pen-don-t-have-a-european-coronavirus-cure |work=Bloomberg |date=25 February 2020}}</ref><ref>{{cite news |title=Coronavirus: Europe's open borders threatened by spread of disease |url=https://www.independent.co.uk/news/world/europe/coronavirus-europe-open-borders-eu-italy-france-britain-germany-spain-a9362536.html |work=The Independent |date=28 February 2020}}</ref><ref>{{cite news |title=Europe keeps Schengen zone open despite coronavirus |url=https://www.ft.com/content/967789a2-56f6-11ea-a528-dd0f971febbc |work=Financial Times |date=24 February 2020}}</ref><ref>{{cite news |title=EU Says No to Border Closure – Allocates €232 Million to Fight Coronavirus |url=https://www.schengenvisainfo.com/news/eu-says-no-to-border-closure-allocates-e232-million-to-fight-coronavirus/ |work=SchengenVisaInfo.com |date=25 February 2020}}</ref><ref>{{cite news |title=Op-Ed: Coronavirus could be a bigger test for the EU than the refugee crisis |url=https://www.cnbc.com/2020/02/28/coronavirus-could-be-a-bigger-test-for-the-eu-than-the-refugee-crisis.html |work=CNBC |date=29 February 2020}}</ref> The deputy leader of the Swiss [[Ticino League]], Lorenzo Quadri, criticised the decision: "It is alarming that the dogma of wide-open borders is considered a priority."<ref>{{cite news |title=Coronavirus Nightmare Could Be the End for Europe's Borderless Dream |url=https://www.nytimes.com/2020/02/26/world/europe/coronavirus-european-union.html |archive-url=https://web.archive.org/web/20200226190006/https://www.nytimes.com/2020/02/26/world/europe/coronavirus-european-union.html |archive-date=2020-02-26 |url-access=subscription |url-status=live |work=The New York Times |date=26 February 2020}}</ref> United States President [[Donald Trump]] said the European Union had "failed to take the same precautions and restrict travel from China and other hot spots" as the U.S. had implemented.<ref>{{cite news |title=In dramatic step, Trump restricts travel from Europe to US to fight coronavirus |url=https://www.reuters.com/article/us-health-coronavirus-usa-trump/trump-suspends-all-travel-from-europe-to-the-united-states-to-fight-coronavirus-idUSKBN20Z04U |work=Reuters |date=12 March 2020}}</ref> |
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===Regulation of external border controls=== |
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Czech Prime Minister [[Andrej Babiš]] stated in early March that "European countries cannot ban the entry of Italian citizens within the Schengen Area. The only possible way is to have the Italian prime minister call on his fellow citizens to refrain from travelling to other countries of the European Union."<ref>{{cite news |title=Czech PM: Italians Should Be Banned From Travelling Due to Coronavirus |url=https://www.schengenvisainfo.com/news/czech-pm-italians-should-be-banned-from-travelling-due-to-coronavirus/ |work=SchengenVisaInfo.com |date=9 March 2020}}</ref> |
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[[Image:Frontera España-Marruecos, por Ceuta.jpg|thumb|[[Ceuta border fence]] between [[Spain]] and [[Morocco]]]] |
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After Slovakia, Denmark, the [[COVID-19 pandemic in the Czech Republic#Policies to fight the contagion|Czech Republic]] and Poland in mid-March announced complete closure of their national borders, [[European Commission]] President [[Ursula von der Leyen]] said that "Certain controls may be justified, but general travel bans are not seen as being the most effective by the World Health Organization. Moreover, they have a strong social and economic impact, they disrupt people's lives and business across the borders."<ref>{{cite news |title=Denmark, Poland and Czechs seal borders over coronavirus |url=https://www.ft.com/content/4e89ec5c-6565-11ea-b3f3-fe4680ea68b5 |work=Financial Times |date=12 March 2020}}</ref> Von der Leyen also apologised to Italy, amidst widespread discontent among Italians for the lack of solidarity shown by Europe.<ref>{{Cite news|url=https://www.usnews.com/news/world/articles/2020-04-02/eu-commission-apologises-to-italy-over-coronavirus-response|title=EU Commission Apologises to Italy Over Coronavirus Response, Deaths Push Higher|agency=Reuters}}</ref> By the end of March 2020, almost all internal Schengen borders had been closed to non-essential travel. By July 2020, most borders that were closed due to the coronavirus had been reopened. |
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Not only does the Schengen Agreement remove border checks between participating countries, but the external controls which are exercised by the participating nations are also co-ordinated by the European Union's [[Frontex]] agency, and subject to common rules. The details of border controls, surveillance, and the conditions under which permission to enter into the Schengen area may be granted are exhaustively detailed in a [[European Union regulation]] called '''Schengen Borders Code'''.<ref>{{cite web|url=http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_105/l_10520060413en00010032.pdf|title=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)|language=[[English language|English]]|date=2006-04-13 |accessdate=2008-01-15|format=PDF}}.</ref> In particular, Article 7 of the Schengen Borders Code provides that all persons crossing external borders — inbound or outbound — 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 exit controls allow, inter alia, to determine if a person leaving the area is in possession of a document valid for crossing the border, whether that person had extended his or her stay beyond the permitted period, and to check against alerts on persons and objects included in the Schengen Information System and reports in national data files, e. g. if an arrest warrant had been issued by a Schengen State.<ref>Article 7 (b) and (c) of {{cite web|url=http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_105/l_10520060413en00010032.pdf|title=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)|language=[[English language|English]]|date=2006-04-13 |accessdate=2008-01-15|format=PDF}}.</ref> |
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==Regulation of external borders== |
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[[Image:Rajavartijoita passintarkastuksessa.jpg|thumb|Passport control at an external Schengen border in [[Finland]]]]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.<ref>Article 7 subsec. 2 of the {{cite web|url=http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_105/l_10520060413en00010032.pdf|title=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)| language=[[English language|English]] |date=2006-04-13 |accessdate=2007-11-25|format=PDF}}; with respect to identification by identity cards cf. Article 5 subsec. 1 of the {{cite web |url=http://eur-lex.europa.eu/LexUriServ/site/en/consleg/2004/L/02004L0038-20040430-en.pdf |title=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| language=[[English language|English]] |date=2004-04-40 |accessdate=2007-11-25|format=PDF}}.</ref> 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;<ref>Article 7 subsection 3 vi of the {{cite web |url=http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_105/l_10520060413en00010032.pdf |title=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)| language=[[English language|English]] |date=2006-04-13 |accessdate=2007-11-25|format=PDF}}.</ref> 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.<ref>Article 7 subsection 2 subparagraph 3 of the {{cite web |url=http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_105/l_10520060413en00010032.pdf |title=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)| language=[[English language|English]] |date=2006-04-13 |accessdate=2007-11-25|format=PDF}}.</ref> |
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[[File:Rajavartijoita passintarkastuksessa.jpg|thumb|Passport control at an external Schengen border in Finland]] |
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[[File:Warsaw_Spire,_Poland_23_June_2016.jpg|thumb|The [[Warsaw Spire]], housing [[Frontex]]'s headquarters]] |
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Participating countries are required to apply strict checks on travellers entering and exiting the Schengen Area. These checks are co-ordinated by the European Union's [[Frontex]] agency, and subject to common rules. The details of border controls, surveillance and the conditions under which permission to enter into the Schengen Area may be granted are exhaustively detailed in the Schengen Borders Code.<ref name="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) ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R0562:EN:NOT OJ L 105, 13 April 2006, p. 1]).</ref><ref name="Reg2016/399"/> |
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===Temporary restriction on the entry of persons without the right of free movement for non-essential travel=== |
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The border controls are located at roads crossing a border, at airports, at seaports, and onboard trains.<ref>Details are set out in Annex VI to the {{cite web |url=http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_105/l_10520060413en00010032.pdf |title=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)| language=[[English language|English]] |date=2006-04-13|accessdate=2007-11-25|format=PDF}}.</ref> Usually there is no fence along borders in the terrain, but there are exceptions like the [[Ceuta border fence]]. However, surveillance camera systems, some equipped with infrared technology, are located at some more critical spots, for example at the border between [[Slovakia]] and [[Ukraine]].<ref>One camera at every 186 metres of the border: {{cite web |url=http://www.cafebabel.com/en/article.asp?T=T&Id=13469|title=Stories from Schengen: Smuggling cigarettes in Schengen Slovakia| language=[[English language|English]] |date=2008-01-09|accessdate=2008-03-09}}.</ref> Along the southern coast of the Schengen countries, coast guards are making a substantial effort to prevent private boats from entering without permission. |
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In view of the [[COVID-19 pandemic]], on 16 March 2020 the [[European Commission]] issued a recommendation to all EU and Schengen member states to introduce a temporary restriction on the entry of third-country nationals (i.e. travellers who are not EEA/Swiss citizens and family members with the [[Directive 2004/38/EC on the right to move and reside freely|right of free movement]]) to the Schengen Area for non-essential travel for an initial period of 30 days (with the possible prolongation of this period to be assessed based on further developments). However, third-country nationals who are holders of long-term visas or residence permits or are family members of EEA/Swiss citizens are exempt from this restriction. Further, third-country nationals 'with an essential function or need' (such as healthcare workers, transport personnel, aid workers, military personnel, seasonal agricultural workers), passengers in transit, those travelling 'for imperative family reasons' and those 'in need of international protection or for other humanitarian reasons' are exempt from this restriction. Nevertheless, the European Commission re-iterated that 'coordinated and reinforced health checks' should be carried out on all travellers who are permitted to enter the EU and Schengen Area.<ref>COVID-19: Temporary Restriction on Non-Essential Travel to the EU ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52020DC0115 COM (2020) 115, 16 March 2020])</ref> |
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Further, on 30 March 2020, the [[European Commission]] published 'Guidance on the implementation of the temporary restriction on non-essential travel to the EU, on the facilitation of transit arrangements for the repatriation of EU citizens, and on the effects on visa policy' in order to provide 'advice and practical instructions'. The Guidance states that member states are permitted to take measures (such as requiring non-nationals to undergo a period of self-isolation if arriving from a territory affected by COVID-19), provided that the same requirements is imposed on its own nationals. The Guidance also clarifies that citizens of the European micro-states (Andorra, the Holy See, Monaco and San Marino) are exempt from the temporary restriction on the entry of third-country nationals to the European Union and the Schengen Area for non-essential travel. In addition, citizens of Serbia, North Macedonia, Montenegro and Turkey should be permitted entry to the European Union and the Schengen Area if they are stranded abroad in order to facilitate repatriation to their country of origin. Third-country nationals (not covered by one of the exemptions from the temporary restriction of entry for non-essential reasons) who seek to enter the Schengen Area will be refused entry at the external border crossing point and will receive a refusal of entry form (with the reason of refusal marked as "I" (i.e. a threat to public health)), as well a [[#Passport stamp|passport stamp]] cancelled by an indelible cross in black ink and the letter "I" on the right hand side.<ref>Guidance on the implementation of the temporary restriction on non-essential travel to the EU, on the facilitation of transit arrangements for the repatriation of EU citizens, and on the effects on visa policy' in order to provide 'advice and practical instructions ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52020XC0330(02) C (2020) 2050, 30 March 2020])</ref> |
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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.<ref>Article 26 sec. 1 lit. b of the ''Schengen II'' Agreement.</ref> This is to prevent persons from applying for [[Right of asylum|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 [[deportation|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]]. |
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Some EU and Schengen member states have gone further than the European Commission recommendation and have restricted the entry of EEA/Swiss citizens to their respective territories for non-essential travel. For example, on 4 April 2020, [[French Border Police]] refused entry to a group of EU and British citizens who arrived in [[Marseille Provence Airport]] on a [[private jet]] from the UK, with the intention of staying in a holiday villa in [[Cannes]].<ref>{{cite news |last=Willsher |first=Kim |date=10 April 2020 |title=French police turn back private jet of holidaymakers from UK |url=https://www.theguardian.com/world/2020/apr/10/french-police-turn-back-private-jet-of-holidaymakers-from-uk |work=[[The Guardian]] |access-date=11 April 2020}}</ref><ref>{{cite news |date=10 April 2020 |title=Partis d'Angleterre en jet privé pour faire la fête à Cannes, ils sont accueillis par les forces de l'ordre |url=https://www.lci.fr/police/covid-19-et-confinement-partis-d-angleterre-en-jet-prive-pour-faire-la-fete-a-cannes-ils-sont-accueillis-par-les-forces-de-l-ordre-2150545.html |work=[[La Chaîne Info]] |language=fr |access-date=11 April 2020}}</ref> |
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===Entry conditions for third-country nationals=== |
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On 8 April 2020, the [[European Commission]] invited EU and Schengen member states to extend the restriction on the entry of third-country nationals for non-essential travel for a further period of 30 days until 15 May 2020.<ref>Communication on assessment of state of play of the Communication on non-essential travel ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52020DC0148 COM (2020) 148, 8 April 2020])</ref> On 8 May 2020, the European Commission again invited member states to extend the restriction for another 30 days until 15 June 2020.<ref>Communication on the second assessment of the application of the temporary restriction on non-essential travel to the EU ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52020DC0222 COM (2020) 222, 8 May 2020])</ref> On 11 June 2020, the European Commission recommended member states to prolong the restriction on the entry of third-country nationals for non-essential travel until 30 June 2020.<ref>Communication on the third assessment of the application of the temporary restriction on non-essential travel to the EU ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52020DC0399 COM (2020) 399, 11 June 2020])</ref> |
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The Schengen rules include uniform rules as to the type of [[visa (document)|visa]]s 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. |
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===Border checks=== |
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According to the Schengen Borders Code, the conditions applying to third-country nationals for entry are as follows:<ref> Article 5 of the Schengen Borders Code - {{cite web |url=http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_105/l_10520060413en00010032.pdf |title=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)| language=[[English language|English]] |date=2006-04-13 |accessdate=2007-11-25|format=PDF}}.</ref> |
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[[File:Nuijamaa Finland Border Crossing Point.jpg|thumb|Border checkpoint for vehicles operated by the [[Finnish Border Guard]] in [[Nuijamaa]] at the [[Finland–Russia border|external border with Russia]]. The lane on the far right is for EEA (including EU) and Swiss citizens only, whereas the other lanes are for all travellers.]] |
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* 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;<ref>Cf. Article 6 of {{cite web |url=http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_105/l_10520060413en00010032.pdf |title=Consolidated version 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| language=[[English language|English]] |date=2007-01-19 |accessdate=2007-11-25|format=PDF}}</ref> |
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All persons crossing external borders—inbound or outbound—are subject to a check by a [[border guard]]. The only exception is for regular cross-border commuters (both those with the [[Directive 2004/38/EC on the right to move and reside freely|right of free movement]] and third-country nationals) who are well known to the border guards: once an initial check has shown that there is no alert on record relating to them in the [[Schengen Information System]] or national databases, they can only be subject to occasional 'random' checks, rather than systematic checks every time they cross the border.<ref>Practical Handbook for Border Guards, Part II, Section I, Point 5.8 ([https://ec.europa.eu/home-affairs/sites/homeaffairs/files/e-library/documents/policies/borders-and-visas/schengen/docs/c2019-7131-annex.pdf C (2019) 7131, 8 October 2019, p. 45])</ref><ref>Annex VII of the Schengen Borders Code ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R0562:EN:NOT OJ L 105, 13 April 2006, p. 1]).</ref><ref>Annex VII, Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32016R0399 OJ L 77, 23 March 2016, p. 1])</ref> |
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Previously, EEA and Swiss citizens, as well as their family members enjoying the right of free movement, were subject only to a 'minimum check' when crossing external borders. This meant that their travel document was subject only to a 'rapid' and 'straightforward' visual inspection and an optional check against databases for lost/stolen travel documents. Consultation of the [[Schengen Information System]] and other national databases to ensure that the traveller did not represent a security, public policy or health threat was only permitted on a strictly 'non-systematic' basis where such a threat was 'genuine', 'present' and 'sufficiently serious'.<ref name="7-2-borders">Article 7(2) of the Schengen Borders Code ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R0562:EN:NOT OJ L 105, 13 April 2006, p. 1]).</ref> In contrast, other travellers were subject to a 'thorough check'.<ref name="7-3-borders">Article 7(3) of the Schengen Borders Code ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R0562:EN:NOT OJ L 105, 13 April 2006, p. 1]).</ref> |
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However, after the [[November 2015 Paris attacks|November 2015 terrorist attacks in Paris]], at a meeting of the [[Council of the European Union]] on 20 November 2015, interior ministers from the Member States decided to 'implement immediately the necessary systematic and coordinated checks at external borders, including on individuals enjoying the right of free movement'.<ref>{{Cite web|url=https://www.consilium.europa.eu/en/press/press-releases/2015/11/20/jha-conclusions-counter-terrorism/|title=Conclusions of the Council of the EU and of the Member States meeting within the Council on Counter-Terrorism|website=www.consilium.europa.eu}}</ref> Amendments were made to the Schengen Border Code to introduce systematic checks of the travel documents of EEA and Swiss citizens, as well as their family members enjoying the right of free movement, against relevant databases when crossing external borders.<ref name="Reg2017/458">Regulation (EU) 2017/458 of the European Parliament and of the Council of 15 March 2017 amending Regulation (EU) 2016/399 as regards the reinforcement of checks against relevant databases at external borders ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32017R0458 OJ L 74, 18 March 2017, p.1])</ref> The new regime came into force on 7 April 2017. |
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Where carrying out systematic checks against databases would have a disproportionate impact on the flow of traffic at an external border, such checks may be relaxed if, on the basis of a risk assessment, it is determined that it would not lead to a security risk.<ref name="Reg2017/458"/><ref name="Reg2016/399"/> {{how|date=September 2019}} <!-- add procedure here --> |
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In 'exceptional' and 'unforeseen' circumstances where waiting times become excessive, external border checks can be relaxed on a temporary basis.<ref>Article 9, Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32016R0399 OJ L 77, 23 March 2016, p. 1])</ref><ref>Article 8 of the Schengen Borders Code ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R0562:EN:NOT OJ L 105, 13 April 2006, p. 1]).</ref> {{example needed|date=September 2019}} |
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Border guards carry out the following procedures when checking travellers who cross external borders:<ref name="Reg2017/458"/><ref name="Reg2016/399">Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32016R0399 OJ L 77, 23 March 2016, p. 1])</ref> |
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{|class="wikitable" style="font-size:95%" |
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!colspan="2"|Procedure |
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! width=150pt|EEA/Swiss citizens<br />and family members with right of free movement |
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! width=150pt|Third-country nationals<br />(on entry) |
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! width=150pt|Third-country nationals<br />(on exit) |
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|- |
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|colspan="2" |Checking the traveller's identity based on their travel document |
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|{{Yes}} |
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|{{Yes}} |
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|{{Yes}} |
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|- |
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|colspan="2" |Checking that the travel document is valid and has not expired |
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|{{Yes}} |
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|{{Yes}} |
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|{{Yes}} |
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|- |
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|colspan="2" |Checking the travel document for signs of falsification or counterfeiting |
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|{{Yes}} |
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|{{Yes}} |
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|{{Yes}} |
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|- |
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|colspan="2" |Checking the travel document for signs of falsification or counterfeiting using technical devices (e.g. [[UV light]], magnifiers) |
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|{{partial|Optional}} |
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|{{partial|Optional}} |
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|{{partial|Optional}} |
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|- |
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|colspan="2" |Checking the authenticity of the data stored on the RFID chip (if the travel document is [[Biometric passport|biometric]]) |
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|{{partial|Optional}} |
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|{{partial|Optional}} |
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|{{partial|Optional}} |
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|- |
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|colspan="2" |Checking the travel document against the list of stolen, misappropriated, lost and invalidated documents in the [[Schengen Information System]], [[Interpol]]'s SLTD database and other national databases |
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|{{Yes}} |
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|{{Yes}} |
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|{{Yes}} |
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|- |
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|colspan="2" |Consulting the Schengen Information System and other national databases to ensure that the traveller does not represent a threat to public policy, internal security, public health or international relations of any Schengen Member State |
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|{{Yes}} |
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|{{partial|Optional<br />(consultation of databases only 'where necessary')}} |
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|{{Yes}} |
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|- |
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|colspan="2" |Recording the traveller's entry/exit in a database<br />As of April 2016, only 10 Schengen Member States—Estonia, Finland, Hungary, Latvia, Lithuania, Malta, Poland, Portugal, Slovakia and Spain—record third-country nationals' entries and exits in their national databases, but data is not exchanged between the national databases of these countries, nor is there a Schengen-wide centralised database tracking entries and exits in all 27 Schengen Member States.<ref>{{cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52016SC0115 |title=Commission Staff Working Document: Impact Assessment Report on the establishment of an EU Entry Exit System, pg. 11|date=2016-04-06 |access-date=2017-04-19}}</ref><ref>{{cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52016PC0194 |title=Proposal for a Regulation of the European Parliament and of the Council establishing an Entry/Exit System (EES) to register entry and exit data of third country nationals crossing the external borders of the Member States of the European Union, pg. 2 |access-date=2013-10-12}}</ref><ref>{{cite web|url=https://ec.europa.eu/commission/presscorner/detail/en/MEMO_13_141 |title=European Commission Memo: 'Smart Borders': for an open and secure Europe |publisher=Europa.eu |access-date=2013-10-12}}</ref><ref>{{cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52011DC0680 |title=Communication from the European Commission to the European Parliament and the Council: Communication from the Commission to the European Parliament and the Council, pg. 6 |access-date=2013-10-12}}</ref><ref name="Innovation">{{cite web |url=http://eu2012.dk/en/Meetings/Conferences/Feb/~/media/Files/Conferences/Jan_Mar/Conference%20on%20Innovation%20Border%20Management/Current%20State%20of%20Play%20-%20EU%20Confernce%20on%20Innovation%20Border%20Management.pdf |title=Current state of play in relation to innovation border management in the EU |access-date=2013-10-12 |archive-date=30 November 2012 |archive-url=https://web.archive.org/web/20121130193133/http://eu2012.dk/en/Meetings/Conferences/Feb/~/media/Files/Conferences/Jan_Mar/Conference%20on%20Innovation%20Border%20Management/Current%20State%20of%20Play%20-%20EU%20Confernce%20on%20Innovation%20Border%20Management.pdf |url-status=dead }}</ref><ref name="Entryexit1">{{cite web|url=http://www.statewatch.org/news/2011/may/eu-council-tcn-exit-entry-recording-questionnaire-replies-8552-09.pdf |title=Council of the European Union: Questionnaire on the possible creation of a system of electronic recording of entries and exits of third country nationals in the Schengen area |access-date=2013-10-12}}</ref><ref name="Entryexit2">{{cite web|url=http://www.statewatch.org/news/2011/may/eu-council-tcn-exit-entry-recording-questionnaire-replies-8552-add2-09.pdf |title=Council of the European Union: Questionnaire on the possible creation of a system of electronic recording of entries and exits of third country nationals in the Schengen area (Replies from Bulgaria, France, Iceland, Italy, Norway and Portugal) |access-date=2013-10-12}}</ref><ref name="Entryexit3">{{cite web|url=http://www.statewatch.org/news/2012/mar/eeu-council-schengen-entry-exit-questionnaire-8552-add3-09.pdf |title=Council of the European Union: Questionnaire on the possible creation of a system of electronic recording of entries and exits of third country nationals in the Schengen area (Reply from Greece) |access-date=2013-10-12}}</ref> Only Poland systematically records the entries and exits of EEA and Swiss citizens who are stopped at the border.<ref>[http://www.europarl.europa.eu/RegData/etudes/etudes/join/2013/493026/IPOL-LIBE_ET(2013)493026_EN.pdf European Parliament: Study on the Commission's legislative proposals on Smart Borders: their feasibility and costs], pg 66.</ref> |
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|{{partial|Optional}} |
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|{{partial|Optional}} |
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|{{partial|Optional}} |
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|- |
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|colspan="2" |[[#Passport stamp|Stamping]] the travel document |
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|{{No}} |
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|{{Yes|Yes<br />(with [[#Passport stamp|specific groups]])}} |
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|{{Yes|Yes<br />(with [[#Passport stamp|specific groups]])}} |
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|- |
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|colspan="2" |Checking that the traveller has the appropriate visa/residence permit (if required) |
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|{{No}} |
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|{{Yes}} |
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|{{partial|Optional}} |
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|- |
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|colspan="2" |Checking the authenticity of the short-stay visa (if required) and the identity of its holder by consulting the [[Visa Information System]]<ref>This obligation does '''not''' apply to long-stay visas and residence permits, both of which are expressly outside the scope of [https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32008R0767 Regulation (EC) No 767/2008 concerning the Visa Information System] (cf Article 4(1)).</ref> |
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|{{No}} |
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|{{Yes}} |
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|{{partial|Optional}} |
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|- |
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|colspan="2" |Examining entry and exit stamps in the travel document to ensure that the traveller has not exceeded the maximum duration of authorised stay |
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|{{No}} |
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|{{Yes|Yes (with some exceptions)}}<ref>In relation to third country nationals who are not subject to the obligation to have their travel documents stamped (e.g. third country nationals holding residence permits issued by a Schengen member state), it can logically be concluded that border guards at external border crossing points do not need to examine entry and exit stamps in their travel documents to ensure that they have not exceeded the maximum duration of authorised stay. Instead, the border guard should check the validity of the residence permit. (See Report from the Commission to the European Parliament and the Council on the operation of the provisions on stamping of the travel documents of third-country nationals in accordance with Articles 10 and 11 of Regulation (EC) No 562/2006 ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52009DC0489 COM (2009) 489, p. 7]), "The Commission is of the opinion that travel documents of third-country nationals who are in possession of a valid residence permit issued by a Schengen Member State should not be stamped. The purpose of stamping a passport serves to establish whether a third country national respected the authorised length of a short stay within the Schengen area. This logic cannot be applied to third country nationals holding a valid residence permit, as the allowed period of stay in the Schengen Member State which issued the permit is determined by the validity of the residence permit.")</ref> |
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|{{partial|Optional}} |
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|- |
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|colspan="2" |Verifying the traveller's point of departure and destination |
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|{{No}} |
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|{{Yes}} |
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|{{No}} |
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|- |
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|colspan="2" |Verifying the traveller's purpose of stay |
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|{{No}} |
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|{{Yes|Yes (with some exceptions)}}<ref name="Exempt TCNs">Some Schengen member states have exempted certain categories of travellers who are subject to a thorough check from the requirement to demonstrate sufficient funds for their stay, proof of onward/return journey and explaining their purpose of stay to the border guard at external border crossing points. For example, France exempts Andorran and Monégasque nationals, holders of residence permits and family reunification visas, diplomats, flight crew etc. from this requirement (see [http://www.diplomatie.gouv.fr/fr/venir-en-france-22365/formalites-d-entree-en-france/article/controle-a-l-arrivee-en-france diplomatie.gouv.fr]).</ref> |
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|{{No}} |
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|- |
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|colspan="2" |Verifying any documents/evidence to support the traveller's purported purpose of stay |
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|{{No}} |
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|{{partial|Optional (with some exceptions)}}<ref name="Exempt TCNs"/> |
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|{{No}} |
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|- |
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|colspan="2" |Verifying that the traveller has sufficient funds for their stay and onward/return journey (or that they are in a position to acquire such means lawfully) |
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|{{No}} |
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|{{Yes|Yes (with some exceptions)}}<ref name="Exempt TCNs"/> |
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|{{No}} |
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|} |
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[[File:Finland Oulu Airport border control.jpg|thumb|Border control booths in the departures hall at [[Oulu Airport]] in Finland, which will be staffed by the [[Finnish Border Guard]] when a flight is operated to a destination outside the Schengen Area. Either the 'EU/EEA/Swiss citizens' or 'All passports' sign above the booths can be illuminated.]] |
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[[File:Germany Munich Airport EasyPASS gates.jpg|thumb|[[Automated border control system#Germany|EasyPASS self-service gates]] which eligible travellers can use to clear border control at [[Munich Airport]], Germany]] |
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[[File:Vistula spit - Polish border.jpg|thumb|Fencing on the [[Vistula Spit]] marking the [[Poland–Russia border|external border between Poland and Russia]]]] |
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[[File:Lithuania_Belarus_border_barrier_in_2023.jpg|thumb|Barrier at the [[Belarus–Lithuania border|external border between Lithuania and Belarus]] (the [[border marker]] is visible behind the fence)]] |
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[[File:Mounted policemen at Hungary-Serbia border barrier.jpg|thumb|Mounted [[Rendőrség|Hungarian police officers]] patrolling the [[Hungarian border barrier|external border between Hungary and Serbia]]]] |
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As shown by the table above, because many procedures are optional, border guards have discretion in deciding how rigorously they check travellers at external border crossing points. As a result, the length of time taken to perform checks differs between Schengen countries. Under the previous regime (whereby those with the right to freedom of movement were subject only to a 'minimum check'), an entry check for an EEA or Swiss citizen took around five seconds on average in Italy, whilst in Norway, on average it took around 1 minute.<ref name="Entryexit2"/> The disparities in checks on third-country nationals (who are subject to a more thorough check) are even greater. For example, an entry check for an [[Visa policy of the European Union#Visa requirements for the Schengen Area, Bulgaria, Cyprus and Romania|Annex II]] national takes around 15 seconds on average in Greece, whilst it takes three to five minutes on average in Slovakia.<ref name="Entryexit1"/><ref name="Entryexit3"/> Similarly, an entry check for an [[Visa policy of the European Union#Visa requirements for the Schengen Area, Bulgaria, Cyprus and Romania|Annex I]] national on average lasts around 30–60 seconds in the Netherlands, whilst in Latvia, it lasts around two to five minutes on average.<ref name="Entryexit1"/> |
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After the new regime came into force on 7 April 2017, significantly longer waiting times were reported at numerous external border crossing points, especially as it was just before the [[Easter]] holiday. Travellers entering [[Slovenia]] from [[Croatia]] (which was not yet part of the Schengen Area) had to wait several hours as Slovenian [[border guard]]s systematically checked the travel documents of all travellers (including those with the right of free movement) against relevant databases.<ref>{{cite news |url=https://www.apnews.com/c2dd5f19864e483080e44ec0a5c36af1 |title=New EU Border Controls Create Traffic Nightmare |work=[[Associated Press]] |date=2017-04-14 |access-date=2017-05-13 |archive-date=29 July 2017 |archive-url=https://web.archive.org/web/20170729224624/https://www.apnews.com/c2dd5f19864e483080e44ec0a5c36af1 |url-status=dead }}</ref> The [[Prime Minister of Slovenia]], [[Miro Cerar]], acknowledged that the situation was 'unacceptable'. In order to alleviate the long queues, the systematic checking of travel documents of those with the right of free movement against relevant databases was temporarily suspended from the evening of Friday 7 April 2017 until the end of the weekend.<ref>{{cite news|url=http://www.euractiv.com/section/politics/news/slovenia-says-tougher-eu-border-checks-unacceptable/ |title=Slovenia says tougher EU border checks 'unacceptable' |work=[[EURACTIV]] |date=2017-04-10 |access-date=2017-05-13}}</ref><ref>{{cite news |last=Pavlic |first=Vedran |url=http://www.total-croatia-news.com/politics/18040-stricter-border-control-temporarily-suspended |title=Stricter Border Control Temporarily Suspended |work=Total Croatia News |date=2017-04-09 |access-date=2017-05-13 |archive-date=28 April 2017 |archive-url=https://web.archive.org/web/20170428000616/http://www.total-croatia-news.com/politics/18040-stricter-border-control-temporarily-suspended |url-status=dead }}</ref> However, the following weekend, long queues re-appeared.<ref>{{cite news |last=Pavlic |first=Vedran |url=http://www.total-croatia-news.com/lifestyle/18175-10-km-long-lines-on-slovenian-croatian-border |title=10 Km Long Lines on Slovenian-Croatian Border |work=Total Croatia News |date=2017-04-14 |access-date=2017-05-13 |archive-date=30 April 2017 |archive-url=https://web.archive.org/web/20170430011000/http://www.total-croatia-news.com/lifestyle/18175-10-km-long-lines-on-slovenian-croatian-border |url-status=dead }}</ref> The [[Prime Minister of Croatia]], [[Andrej Plenković]], criticised the situation, calling it 'unsustainable', and expressed concern about the impact on tourism (which accounts for 18% of [[Economy of Croatia|Croatia's GDP]]). The [[President of Croatia]], [[Kolinda Grabar-Kitarović]], sent a formal letter to the [[European Commission]] to voice her concern about the effect of the new regime on border checks.<ref>{{cite news |last=Pavlic |first=Vedran |url=http://www.total-croatia-news.com/politics/18345-president-sends-letter-to-eu-on-border-controls |title=President Sends Letter to EU on Border Controls |work=Total Croatia News |date=2017-04-20 |access-date=2017-05-13 |archive-date=26 May 2017 |archive-url=https://web.archive.org/web/20170526195252/http://www.total-croatia-news.com/politics/18345-president-sends-letter-to-eu-on-border-controls |url-status=dead }}</ref> At a meeting held on 29 April 2017, the [[President of the European Commission]], [[Jean-Claude Juncker]], [[Miro Cerar|Cerar]] and [[Andrej Plenković|Plenković]] agreed that, moving forward, the systematic checking of the travel documents of those with the right of free movement against relevant databases would be suspended at land border crossing points between [[Croatia]] and [[Slovenia]] if the waiting time exceeds 15 minutes (with 'targeted checks' being carried out instead).<ref>{{cite web|url=http://europa.eu/rapid/press-release_STATEMENT-17-1182_en.htm |title=Commission statement on the management of flows of persons at the borders between Slovenia and Croatia |date=2017-04-29}}</ref> Long queues were also reported at external border crossing points in [[Greece]], where the leadership of the [[Hellenic Police]] (which is responsible for border checks) decided to suspend, for a period of six months, the systematic checking of travel documents of those with the right of free movement against relevant databases (with the exception of the [[Kipoi, Evros|Kipoi]] land border crossing point with [[Turkey]], due to security concerns). Greece was particularly affected by the implementation of the new regime as [[Greek identity card]]s were not [[Machine-readable passport|machine-readable]] at that time, which meant that [[border guard]]s had to enter the holder's information manually into the computer system to check the relevant databases if a [[Nationality law of Greece|Greek citizen]] presented an [[Greek identity card|identity card]] instead of a [[Greek passport|passport]].<ref>{{cite news|url=http://www.ekathimerini.com/217596/article/ekathimerini/news/greece-suspends-stricter-border-controls-after-airport-delays |title=Greece suspends stricter border controls after airport delays |work=[[Kathimerini]] |date=2017-04-10 |access-date=2017-05-13}}</ref> Similarly, long waiting times were reported at external border crossing points in [[France]]<ref>{{cite news|last=Meyze |first=Christian |url=http://france3-regions.francetvinfo.fr/paris-ile-de-france/files-attente-aeroports-empoisonnent-ete-europe-1303865.html |title=Les files d'attente dans les aéroports empoisonnent l'été en Europe |work=[[France 3]] |date=2017-07-28 |access-date=2017-07-29}}</ref> and [[Spain]].<ref>{{cite news|last=Nielsen |first=Nikolaj |url=https://euobserver.com/justice/137567 |title=EU scrambles meeting over border chaos |work=[[EUobserver]] |date=2017-04-11 |access-date=2017-05-13}}</ref><ref>{{cite news|last=Lazaro Prevost |first=Natalia |url=http://www.elconfidencial.com/espana/2017-07-04/aeropuerto-barajas-colas-vacaciones-verano-retrasos_1409043/ |title=Vuelve el caos a los controles de Barajas el primer fin de semana de verano |work=[[El Confidencial]] |date=2017-07-04 |access-date=2017-07-10}}</ref> [[Finland]], [[Hungary]] and [[Italy]] also issued notifications suspending systematic checks at some external border crossing points.<ref>{{cite web |url=http://www.vlada.si/en/media_room/government_press_releases/press_release/article/despite_the_temporary_derogation_from_systematic_checks_delays_will_be_unavoidable_during_the_holiday_period_59637/ |title=Press Release: Despite the temporary derogation from systematic checks, delays will be unavoidable during the holiday period |publisher=[[Government of Slovenia]] |date=2017-04-12 |access-date=13 May 2017 |archive-date=7 June 2017 |archive-url=https://web.archive.org/web/20170607191307/http://www.vlada.si/en/media_room/government_press_releases/press_release/article/despite_the_temporary_derogation_from_systematic_checks_delays_will_be_unavoidable_during_the_holiday_period_59637/ |url-status=dead }}</ref> In July 2017, [[Greece]] submitted a request to suspend the systematic checking of travel documents of those with the right of free movement against relevant databases for a further period of 18 months, due to 'infrastructure shortcomings and increased traffic at 12 airports across the country'.<ref>{{cite news|url=http://www.ekathimerini.com/220112/article/ekathimerini/news/greece-asks-for-exemption-from-systematic-border-checks |title=Greece asks for exemption from systematic border checks |work=[[Kathimerini]] |date=2017-07-16 |access-date=2017-07-29}}</ref> |
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When carrying out checks at external borders, border guards are, by law, required to respect the dignity of travellers (particularly in cases involving vulnerable persons)<ref>Regulation (EU) No 610/2013 of the European Parliament and of the Council of 26 June 2013 amending Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), the Convention implementing the Schengen Agreement, Council Regulations (EC) No 1683/95 and (EC) No 539/2001 and Regulations (EC) No 767/2008 and (EC) No 810/2009 of the European Parliament and of the Council ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32013R0610 OJ L 182, 29 June 2013, p. 5])</ref> and are forbidden from discriminating against persons based on their sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.<ref>Article 7, Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32016R0399 OJ L 77, 23 March 2016, p. 1])</ref> |
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External border controls are located at roads crossing a border, at airports, at seaports and on board trains.<ref>Details are set out in Annex VI of the Schengen Borders Code ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R0562:EN:NOT OJ L 105, 13 April 2006, p. 1]).</ref> Usually, there is no fence along the land border, but there are exceptions like the [[Ceuta border fence]], and some places at the eastern border.<ref>For example, this place at the Lithuania-Belarus border: {{coord|54.275048|25.562439|display=inline}}, visible in Google Streetview.</ref> However, surveillance camera systems, some equipped with infrared technology, are located at some more critical spots, for example at the border between Slovakia and Ukraine, where at some points there is a camera every {{convert|186|m|yd|abbr=off}}.<ref>{{cite web |url=http://www.cafebabel.co.uk/article/23469/smuggling-cigarettes-in-schengen-slovakia.html |title=Smuggling cigarettes in Schengen Slovakia |date=9 January 2008 |access-date=6 September 2011}}</ref> |
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All travellers entering and leaving the Schengen Area by [[general aviation]] or on a pleasure boat have to make their first point of entry/final point of departure in an airport/[[aerodrome]] or a seaport that is designated as an external border crossing point. By way of derogation, travellers on board a pleasure boat are permitted to make their first port of call at a port that is not designated as an external border crossing point if they notify the port authorities and obtain authorisation from the border guards.<ref>Points 2.2-2.3 and 3.2.4-3.2.5, Annex VI, Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32016R0399 OJ L 77, 23 March 2016, p. 1])</ref> In practice, however, this is a loophole hard to check, and large-scale drug smuggling using private boats has been uncovered. Along the southern coast of the Schengen countries in the [[Mediterranean]], coast guards make a substantial effort to prevent private boats from entering without permission. |
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At many external border crossing points, there are special lanes for EEA and Swiss citizens (as well as their family members) and other lanes for all travellers regardless of nationality.<ref>Article 9 of the Schengen Borders Code ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32006R0562 OJ L 105, 13 April 2006, p. 8]).</ref> At some external border crossing points, there is a third type of lane for travellers who are [[Visa policy of the European Union#Schengen Area, Bulgaria, Croatia, Cyprus and Romania|Annex II nationals]] (i.e. non-EEA/Swiss citizens who are exempt from the visa requirement).<ref>Regulation (EU) No 610/2013 of the European Parliament and of the Council of 26 June 2013 amending Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), the Convention implementing the Schengen Agreement, Council Regulations (EC) No 1683/95 and (EC) No 539/2001 and Regulations (EC) No 767/2008 and (EC) No 810/2009 of the European Parliament and of the Council ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32013R0610 OJ L 182, 29 June 2013, p. 6])</ref> Although [[Andorran nationality law|Andorran]] and Sammarinese citizens are not EEA citizens, they are nonetheless able to use the special lanes designated for EEA and Swiss citizens.<ref>{{Cite web|url=http://www.exteriors.ad/index.php?option=com_content&view=article&id=77&Itemid=39&lang=en|archive-url=https://web.archive.org/web/20130501112729/http://www.exteriors.ad/index.php?option=com_content&view=article&id=77&Itemid=39&lang=en|url-status=dead|title=Decision on the subject of Andorra and San Marino of the Strategic Committee on Immigration, Frontiers and Asylum (SCIFA) of the EU on 6 October 2004 (13020/1/04/REV1).|archive-date=1 May 2013}}</ref> Since 1 January 2021, British citizens are no longer permitted to use the EEA/Swiss lanes. |
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Some external border crossing points can only be used by certain travellers. For example, the border checkpoint in [[Veľké Slemence]], [[Slovakia]] (on the [[Slovakia–Ukraine border|border with Ukraine]]) can only be crossed by pedestrians or cyclists who are EEA, Swiss or Ukrainian citizens.<ref>{{cite web|url=https://www.minv.sk/?the-state-border-crossing |title=The state border crossing |publisher=[[Ministry of the Interior (Slovakia)]] |date=2021-02-12 |archive-url=https://web.archive.org/web/20220417034328/https://www.minv.sk/?the-state-border-crossing |archive-date=2022-04-17}}</ref> The border checkpoint in Ramoniškiai, [[Lithuania]] (on the [[Lithuania-Russia border|border with Russia]]) can only be crossed by residents of Lithuania and Russia; all other travellers (including EEA and Swiss citizens not resident in Lithuania/Russia) cannot use this border checkpoint.<ref>Update of the list of border crossing points as referred to in Article 2(8) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) ([https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52021XC0218(02) OJ C 58, 18 February 2021, p. 35–49])</ref> Similarly, the border checkpoint of Pededze-Brunishevo, [[Latvia]] (on the [[Latvia-Russia border|border with Russia]]) is only open to Latvian and Russian citizens.<ref>Update of the list of border crossing points referred to in Article 2(8) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52015XC0418(02) OJ C 126, 18 April 2015, p. 10–21])</ref> The [[Narva|Narva 2]] and [[Saatse]] border crossing points in [[Estonia]] (on the [[Estonia-Russia border|border with Russia]]) can only be used by residents of Estonia and Russia.<ref>{{cite web|url=https://www.politsei.ee/en/border-crossing-points |title=Border crossing points |publisher=[[Police and Border Guard Board]] |archive-url=https://web.archive.org/web/20220417034742/https://www.politsei.ee/en/border-crossing-points |archive-date=2022-04-17}}</ref> The border checkpoint in [[Połowce]]-Pieszczatka, [[Poland]] (on the [[Belarus-Poland border|border with Belarus]]) can only be crossed by Polish and Belarusian nationals.<ref>Update of the list of border crossing points referred to in Article 2(8) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52016XC0304(01) OJ C 84, 4 March 2016, p. 6])</ref> In 2016, as a temporary measure for 180 days, the two northernmost border checkpoints of Raja-Jooseppi and Salla on the [[Finland–Russia border]] could only be crossed by Finnish, Russian and Belarusian citizens (as well as their family members); all other nationals, including non-Finnish EEA and Swiss citizens, were not permitted to use these border checkpoints.<ref>{{cite news|url=https://www.reuters.com/article/us-europe-migrants-finland-russia/finland-and-russia-agree-on-temporary-border-restrictions-idUSKCN0WO32P |title=Finland and Russia agree on temporary border restrictions |work=[[Reuters]]|date=2016-03-23 |access-date=2020-05-03}}</ref> Further, the border crossing points of Haapovaara, Inari, Karttimo, Kurvinen, Leminaho and [[Parikkala]] (as well as the railway crossing point of [[Imatra]]) are only open to Finnish and Russian citizens.<ref>Update of the list of border crossing points as referred to in Article 2(8) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52016XC0730(03) OJ C 278, 30 July 2016, p. 47–48])</ref> |
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The additional obligations imposed by European law on national border authorities when it comes to processing travellers who are third-country nationals (e.g. the obligation to [[#Passport stamp|stamp their travel documents]]) should not prevent the development of [[automated border control system]]s which are made available to such travellers. As shown by the examples listed above of automated border control systems which have been developed at external border crossing points of the Schengen Area, national border authorities have been able to adapt the design of their automated border control systems to allow third-country nationals to make use of them. One solution is to have a border guard physically positioned next to the automated border gates who can stamp travel documents where required: this approach has been adopted by the [[Finnish Border Guard]] at the automated border gates in [[Helsinki Airport]], where eligible users (who are required to receive a passport stamp) include holders of [[Australian passport|Australian]], [[Canadian passport|Canadian]], [[Japanese passport|Japanese]], [[New Zealand passport|New Zealand]], [[South Korean passport|South Korean]] and [[United States passport|United States]] [[biometric passport]]s,<ref>{{cite web |url=http://cwtjet.com/yahoo_site_admin/assets/docs/Automated_Border_Control_Gates.17161248.pdf |title=How To Use The Automated Border Control Gates |work=Finnair Info |access-date=2012-07-20 |url-status=dead |archive-url=https://web.archive.org/web/20121018132624/http://cwtjet.com/yahoo_site_admin/assets/docs/Automated_Border_Control_Gates.17161248.pdf |archive-date=2012-10-18 }}</ref><ref name="Finnish Border Guard July 2014 press release">{{Cite web |url=http://www.raja.fi/facts/news_from_the_border_guard/1/0/expanded_use_of_automated_border_control_gates_at_the_west_terminal_54569 |title=News from the Border Guard - the Finnish Border Guard |access-date=2014-07-13 |archive-date=2018-09-14 |archive-url=https://web.archive.org/web/20180914122812/http://www.raja.fi/facts/news_from_the_border_guard/1/0/expanded_use_of_automated_border_control_gates_at_the_west_terminal_54569 |url-status=dead }}</ref><ref>http://frontex.europa.eu/assets/Images_News/ABC_Conference_Report.pdf {{Bare URL PDF|date=March 2022}}</ref> and in the [[Port of Helsinki]], where eligible users (who are required to receive a passport stamp) include [[Russian passport|Russian citizens]], who are required to scan both the biodata page and the visa inside their passport, then to step into the gate for a facial image and fingerprint recognition, and after the gate opens to approach a border officer to have their passport stamped.<ref name="Finnish Border Guard July 2014 press release"/> |
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The Portuguese [[Serviço de Estrangeiros e Fronteiras]] has also adopted the practice of positioning a border guard for stamping next to the automated border gates in [[Lisbon Airport]] where eligible users (who are required to receive a passport stamp) include holders of [[Angolan passport|Angolan]] and [[Brazilian passport|Brazilian]] passports and holders of [[Diplomatic passport|diplomatic/service passports]]. This approach has also been adopted in Italy, where eligible users of [[EGate (Italy)|eGates]] include holders of [[Australian passport|Australian]], [[Canadian passport|Canadian]], [[Israeli passport|Israeli]], [[Japanese passport|Japanese]], [[New Zealand passport|New Zealand]], [[Singaporean passport|Singaporean]], [[South Korean passport|South Korean]], [[United States passport|United States]] and [[Vatican passport|Vatican]] [[biometric passport]]s. A similar but slightly different solution has been adopted by the Dutch [[Royal Marechaussee]] at the Privium [[iris recognition]] automated border gates at [[Amsterdam Airport Schiphol]] (where eligible users include registered EU/EEA/Swiss citizens, US citizens who are [[Global Entry]] members, and all nationals who are holders of [[diplomatic passport]]s), as well as by the [[Federal Police (Germany)|German Federal Police]] at the ABG Plus [[iris recognition]] automated border gates at [[Frankfurt Airport]] (where eligible users include registered EU/EEA/Swiss citizens and US citizens who are [[Global Entry]] members: when eligible third-country nationals use Privium/ABG Plus, after their iris is scanned and verified, a different gate/door/turnstile opens to that for EU/EEA/Swiss citizens and the third-country national user is directed to a lane which leads them to the front of the queue for manual passport checks at immigration desks, where the border guard stamps the user's passport. Another possible solution would be to design the automated border gates to print a paper slip with an entry or exit stamp on it, as well as the user's name and travel document number, whenever the user is a traveller who is subject to the requirement to have their travel document stamped.<ref>Art 11(3) of the Schengen Borders Code (Regulation (EU) 2016/399) recognises that an entry or exit stamp may be recorded on a sheet of paper indicating the traveller's name and travel document number (rather than inside the traveller's travel document) where stamping the travel document would cause 'serious difficulties' for the traveller. It could be argued that at a particular border crossing point the state of facilities are such that to deny travellers subject to the stamping obligation access to automated border gates and to require them to be processed manually by border guards would constitute 'serious difficulties' for such persons.</ref> |
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Sometimes, external border controls are located on non-Schengen territory. For example, the [[French Border Police]] operates border checks at [[juxtaposed controls]] on travellers departing the United Kingdom for the Schengen Area before they board their train or ferry at [[St Pancras railway station|St Pancras International]], [[Ebbsfleet International railway station|Ebbsfleet International]] and [[Ashford International railway station|Ashford International]] railway stations, as well as at the [[Port of Dover]] and the [[Eurotunnel Folkestone Terminal]].<ref>{{cite web|url=http://www.legislation.gov.uk/uksi/1993/1813/contents/made |title=Channel Tunnel (International Arrangements) Order 1993 |publisher=Legislation.gov.uk |date=2012-06-13 |access-date=2013-10-12}}</ref><ref>{{cite web|url=http://www.legislation.gov.uk/uksi/2003/2818/made |title=The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 |publisher=Legislation.gov.uk |date=2010-07-16 |access-date=2013-10-12}}</ref> |
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====ETIAS==== |
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{{main|European Travel Information and Authorisation System}} |
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In November 2016 the European Commission proposed a system for an electronic authorisation of visa-exempt third country nationals called ETIAS (European Travel Information and Authorisation System).<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A52016PC0731|title=EUR-Lex - 52016PC0731 - EN - EUR-Lex|website=eur-lex.europa.eu}}</ref> Foreign visitors will be required to submit personal data in advance and pay a processing fee (fee is waived for children). The application is to be done over the internet and need to be made a few days before travel. The authorisation will be valid for three years. It is imagined as a system similar to the [[Electronic System for Travel Authorization|ESTA]] system of the United States and the [[Visa policy of Canada#Electronic travel authorization|ETA]] system of Canada. ETIAS is scheduled to enter into operation by May 2025.<ref>{{cite web |title=Justice and Home Affairs Council, 19-20 October 2023 |url=https://www.consilium.europa.eu/en/meetings/jha/2023/10/19-20/ |website=Europa.eu |access-date=31 October 2023 |language=en |date=20 October 2023}}</ref> |
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ETIAS requirements will, in general, apply to those third country nationals who are not required to have a visa and have no residence permit or similar. |
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====Carrier's responsibility==== |
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Schengen rules require that all carriers conveying passengers across the Schengen external border must check, before boarding, that passengers have the correct travel documents and visas required for entry.<ref>Article 26(1)(b) of the Schengen Convention.</ref> Carriers that transport third-country nationals without the correct travel documents are imposed with financial penalties and are required to transport those refused entry back to the point of departure.<ref>Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 (Carriers Liability Directive) ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32001L0051 OJ L 187, 10 July 2001, p. 45])</ref> The aim of this measure is to prevent illegal immigration. Further, since immigrants have the [[Right of asylum|right to apply for asylum]] at border control at ports of entry in the EU, though such applications must be made in person in the country where asylum status is sought, this measure has the effect of preventing prospective asylum seekers from boarding public transportation to the Schengen Area (unless they have already obtained a Schengen visa or are visa-exempt). |
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===Short-stay and transit visas=== |
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[[File:Visa policy of the Schengen Area.svg|thumb|upright=1.8|{{legend|#003399|Schengen Area}} |
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{{legend|#00A4E9|Other EU members and territories of Schengen countries outside the Schengen Area with freedom of movement in the Schengen Area}} |
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{{legend|#22B14C|Visa not required for short stays in the Schengen Area}} |
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{{legend|#ADADAD|Visa required to enter the Schengen Area, and to transit some Schengen countries in some cases}} |
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{{legend|#878787|Visa required to enter or transit any Schengen country}}]] |
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[[File:FRTD.jpg|thumb|Facilitated Rail Transit Document]] |
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{{Main|Visa policy of the Schengen Area}} |
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The rules applicable to short-term entry visas into the Schengen Area are set out in EU regulations which contain two lists: a list of the nationalities (or classes of [[travel document]] holder) which require a visa for a short-term stay (the ''Annex I list'') and a list which do not (the ''Annex II list'').<ref name="visa regulations">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 ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001R0539:EN:NOT OJ L 81, 21 March 2001, p. 1]).</ref> |
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Being listed in the visa-free list will sometimes but not always exempt the listed nationality or class from the requirement to obtain a work permit if they wish to take up employment or self-employed activity during their stay; business trips are not normally considered employment in this sense.<ref>{{cite web|url=http://bundesrecht.juris.de/aufenthv/__17.html |title=Section 17 of the German Aufenthaltsverordnung |language=de |date=25 November 2004 |access-date=28 November 2007 |url-status=dead |archive-url=https://web.archive.org/web/20071222171653/http://bundesrecht.juris.de/aufenthv/__17.html |archive-date=22 December 2007}}</ref> |
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An application for a Schengen visa should be submitted to the embassy or consulate of the country which the traveller intends to visit. If a traveller plans to visit multiple countries in the Schengen Area, the application should be submitted to the embassy or consulate of the main destination. If the main destination cannot be determined, the traveller should apply for the visa at the embassy or consulate of the Schengen member state of first entry.<ref>Article 5 of the Visa Code (Regulation (EC) No 810/2009) ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32009R0810 OJ L 243, 15 September 2009, p. 1–58])</ref> Often, external service providers are contracted by certain diplomatic missions to process, collect and return visa applications.<ref>Article 43 of the Visa Code (Regulation (EC) No 810/2009) ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32009R0810 OJ L 243, 15 September 2009, p. 1–58])</ref> |
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The standard application fee for a Schengen visa is EUR 80. There is a reduced visa application fee of EUR 40 for children aged 6 to 12. The visa application fee is waived for children under the age of 6. Where an application is submitted to an external service provider, an additional service fee may have to be paid. The visa application fee (and the additional service fee, if applicable) are not refundable regardless of the outcome of the application.<ref>Article 16 of the Visa Code (Regulation (EC) No 810/2009), as amended by Regulation (EU) 2019/1155 ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32019R1155 OJ L 188, 12 July 2019, p. 25–54])</ref> |
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===Entry conditions for third-country nationals=== |
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A Schengen visa or a visa exemption does not entitle the traveller to enter the Schengen Area, but rather allows the traveller to seek entry at the border crossing point. The Schengen Borders Code lists requirements which third-country nationals must meet to be allowed into the Schengen Area. For this purpose, a third-country national is a person who does ''not'' enjoy the [[Directive 2004/38/EC on the right to move and reside freely|right of free movement]] (i.e. a person who is not an EEA citizen or Swiss, nor a family member of such a person). |
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The entry requirements for third country nationals who intend to stay in the Schengen Area for not more than 90 days in any 180-day period are as follows:<ref>Article 5 of the Schengen Borders Code ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R0562:EN:NOT OJ L 105, 13 April 2006, p. 1]).</ref> |
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* The traveller is in possession of a valid [[travel document]] or documents authorising them to cross the border (a visa is not considered a travel document in this sense); the acceptance of travel documents for this purpose remains within the domain of the member states;<ref>See Article 6 of 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 ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001R0539:EN:NOT OJ L 81, 21 March 2001, p. 1]).</ref> |
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* The travel document must be valid for at least 3 months after the intended date of departure from the Schengen Area (although in a justified case of emergency, this obligation may be waived) and must have been issued within the previous 10 years;<ref>Regulation (EU) No 610/2013 of the European Parliament and of the Council of 26 June 2013 amending Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), the Convention implementing the Schengen Agreement, Council Regulations (EC) |
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No 1683/95 and (EC) No 539/2001 and Regulations (EC) No 767/2008 and (EC) No 810/2009 of the European Parliament and of the Council ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32013R0610 OJ L 182, 29 June 2013, p. 1])</ref> |
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* The traveller either possesses a valid visa (if required) or a valid residence permit; |
* The traveller either possesses a valid visa (if required) or a valid residence permit; |
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* The traveller can justify the purpose and conditions of the intended stay |
* The traveller can justify the purpose and conditions of the intended stay and has sufficient means of subsistence, both for the duration of the intended stay and for the return to his or her country of origin or transit to a third country into which the traveller is certain to be admitted, or is in a position to acquire such means lawfully; |
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* |
* The [[Schengen Information System]] does not contain a refusal of entry alert concerning the traveller, and |
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* The traveller is not considered to be a threat to public policy, internal security, public health or the international relations of any of the Schengen states. |
* The traveller is not considered to be a threat to public policy, internal security, public health or the international relations of any of the Schengen states. |
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However, even if the third-country national does not fulfil the criteria for entry, admission may still be granted:<ref>Articles 3 and 5 of the Schengen Borders Code ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R0562:EN:NOT OJ L 105, 13 April 2006, p. 1]).</ref> |
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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. |
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* On humanitarian grounds |
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* On grounds of national interests |
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* On grounds of international obligations |
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* If the person is not in possession of a visa, but fulfils the criteria for being issued a visa at the border |
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* If the person holds a residence permit or a re-entry visa issued by a Schengen state |
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=== |
====Passport stamp==== |
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Certain travellers receive a [[passport stamp]] when entering and exiting the Schengen Area. |
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All 27 European countries within the Schengen Area have entry and exit stamps of a uniform design. As of April 2016, at a national level, 11 Schengen countries ([[Estonia]], [[Finland]], [[Greece]], [[Hungary]], [[Latvia]], [[Lithuania]], [[Malta]], [[Poland]], [[Portugal]], [[Slovakia]] and [[Spain]])<ref>{{cite web|url=http://eur-lex.europa.eu/resource.html?uri=cellar:5c20aef7-fca4-11e5-b713-01aa75ed71a1.0001.02/DOC_2&format=PDF |title=Commission Staff Working Document: Impact Assessment Report on the establishment of an EU Entry Exit System, pg. 11 |format=PDF |date=2016-04-06 |access-date=2017-04-19}}</ref><ref>[http://ec.europa.eu/dgs/home-affairs/doc_centre/borders/docs/1_en_act_part1_v12.pdf Proposal for a Regulation of the European Parliament and of the Council establishing an Entry/Exit System (EES) to register entry and exit data of third country nationals crossing the external borders of the Member States of the European Union, pg. 2]</ref><ref>{{Cite web|url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0680:FIN:EN:PDF|title=Communication from the European Commission to the European Parliament and the Council: Communication from the Commission to the European Parliament and the Council, pg. 6}}</ref><ref>{{Cite web |url=http://eu2012.dk/en/Meetings/Conferences/Feb/~/media/Files/Conferences/Jan_Mar/Conference%20on%20Innovation%20Border%20Management/Current%20State%20of%20Play%20-%20EU%20Confernce%20on%20Innovation%20Border%20Management.pdf |title=Current state of play in relation to innovated border management in the EU |access-date=2012-07-20 |archive-date=2012-11-30 |archive-url=https://web.archive.org/web/20121130193133/http://eu2012.dk/en/Meetings/Conferences/Feb/~/media/Files/Conferences/Jan_Mar/Conference%20on%20Innovation%20Border%20Management/Current%20State%20of%20Play%20-%20EU%20Confernce%20on%20Innovation%20Border%20Management.pdf |url-status=dead }}</ref><ref>{{Cite web|url=http://www.statewatch.org/news/2011/may/eu-council-tcn-exit-entry-recording-questionnaire-replies-8552-09.pdf|title=Council of the European Union: Questionnaire on the possible creation of a system of electronic recording of entries and exits of third country nationals in the Schengen area}}</ref><ref>{{Cite web|url=http://www.statewatch.org/news/2011/may/eu-council-tcn-exit-entry-recording-questionnaire-replies-8552-add2-09.pdf|title=Council of the European Union: Questionnaire on the possible creation of a system of electronic recording of entries and exits of third country nationals in the Schengen area (Replies from Bulgaria, France, Iceland, Italy, Norway and Portugal)}}</ref><ref>{{Cite web|url=http://www.statewatch.org/news/2012/mar/eeu-council-schengen-entry-exit-questionnaire-8552-add3-09.pdf|title=Council of the European Union: Questionnaire on the possible creation of a system of electronic recording of entries and exits of third country nationals in the Schengen area (Reply from Greece)}}</ref> have developed computer databases recording entries and exits of third-country nationals (i.e. travellers who are not EU, EEA or Swiss citizens) at [[#Regulation of external borders|external border crossing points]]. However, on a Schengen-wide level, there is no centralised computer database that tracks entries and exits at all of the [[#Regulation of external borders|external border crossing points]] of the 27 Schengen countries, nor are entry and exit records from national databases shared between countries.<ref>[http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0069:FIN:EN:PDF Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Preparing the next steps in border management in the European Union], p.5.</ref> As a result, law enforcement officials continue to rely on checking passport stamps as the primary way to check that travellers who do not have the [[Directive 2004/38/EC on the right to move and reside freely|right of free movement]] have not exceeded their length of permitted stay in the Schengen Area. |
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Regulation (EU) 2017/2226 envisages the establishment of an [[Entry-Exit-System|Entry-Exit System]] (EES) which will record third-country nationals' entries and exits when they cross the [[#Regulation of external borders|external borders]] of the Schengen Area in a central database, replacing passport stamps.<ref>Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 ([https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32017R2226 OJ L 327, 9 December 2017, p. 20])</ref> As of August 2022, EES was expected to enter into operation at the end of May 2023,<ref name="EUSmartBorders">{{cite web|url=https://ec.europa.eu/home-affairs/policies/schengen-borders-and-visa/smart-borders/entry-exit-system_en |title=Smart Borders |publisher=[[European Commission]] |access-date=21 April 2022}}</ref> but was delayed until late 2024. |
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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.<ref>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.</ref> 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.<ref>Article 21 of the ''Schengen II'' Agreement.</ref> |
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There are no systematic immigration checks when travelling between Schengen countries (i.e. crossing the [[#Regulation of internal borders|internal borders]] of the Schengen Area). Passport stamps are never issued when travelling between Schengen countries, even when immigration checks between Schengen countries are temporarily re-introduced.<ref name="Regulation 2006, p. 8">Report from the Commission to the European Parliament and the Council on the operation of the provisions on stamping of the travel documents of third-country nationals in accordance with Articles 10 and 11 of Regulation (EC) No 562/2006 ([http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0489:FIN:EN:PDF COM (2009) 489, p. 8])</ref> |
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===Schengen visa=== |
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When travelling to/from a non-Schengen country (i.e. crossing the [[#Regulation of external borders|external borders]] of the Schengen Area), the rules on stamping travel documents are as follows:<ref name="SBC Article 11">Article 11 of the Schengen Borders Code (Regulation (EU) 2016/399) ([https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0399 OJ L 77, 23 March 2016, pp. 1–52])</ref> |
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[[Image:EU visa lists.png|thumb|400px|'''[[European Union visa lists|EU (Schengen) visa lists]]''' {{legend|#0000ff|[[European Union member states|EU member states]]}}{{legend|#7f7fff|Special visa-free provisions (Schengen Agreement, [[Overseas Countries and Territories|OCT]] or other)}}{{legend|#00ff00|Visa-free access to the Schengen states for 90 days in any half year}}{{legend|#ff0000|Visa required to enter the Schengen states}}{{legend|gray|Visa status unknown}}]]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.<ref>{{cite web |url=http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_105/l_10520060413en00010032.pdf |title=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| language=[[English language|English]] |date=2007-01-19 |accessdate=2007-11-25|format=PDF}}.</ref> 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 [[HKSAR passport|Hong Kong SAR]] and [[MSAR passport|Macau SAR]] passport holders, and another exception vis a vis holders of [[refugee]] travel documents, where the country which issued the travel document is relevant). Third-country nationals who intend to take up employment or self-employed activity may be required by member states to obtain a visa even if they are listed on the Schengen visa-free list; usual business trips are normally not considered employment in this sense.<ref>Cf. {{cite web |url=http://bundesrecht.juris.de/aufenthv/ 17.html|title=Section 17 of the German Aufenthaltsverordnung|language=[[German language|German]] |date=2004-11-25 |accessdate=2007-11-28}} in conjunction with {{cite web |url=http://bundesrecht.juris.de/beschv/ 16.html|title=Section 16 of the German Beschäftigungsverordnung|language=[[German language|German]] |date=2004-11-22 |accessdate=2007-11-28}}.</ref> Member States may establish, with respect to entries and stays in their own territory, additional visa requirements or waivers for persons holding diplomatic, official, or other special passports. |
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{|class="wikitable" style="width:100%;" |
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[[Image:SchengenVisaNewType.JPG|thumb|Common Schengen Visa, new type (allowing photograph of bearer to be inserted)]] |
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|- |
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! Persons whose travel documents are to be stamped |
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! Persons whose travel documents are not to be stamped |
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|- |
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*Third-country nationals (unless covered by an exemption listed in the right hand column), including both those with a visa and those not subject to visa requirements |
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*Family members '''not''' holding a [[residence card of a family member of a Union citizen|residence card issued under Article 10 of Directive 2004/38/EC]] who are accompanying or joining [[European Union|EU]], [[European Economic Area|EEA]] and [[Switzerland|Swiss]] citizens exercising the right of freedom of movement |
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*Family members (regardless of whether or not they hold a [[residence card of a family member of a Union citizen|residence card issued under Article 10 of Directive 2004/38/EC]]) who are '''not''' travelling together with and '''not''' joining EU, EEA and Swiss citizens exercising the right of freedom of movement |
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| |
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*Citizens of [[EU]] and [[EFTA]] member states exercising the right of [[Directive 2004/38/EC on the right to move and reside freely|freedom of movement]] |
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*Third-country nationals holding a [[residence card of a family member of a Union citizen|residence card issued under Article 10 of Directive 2004/38/EC]], but only if they are accompanying or joining a family member who is a citizen of an EU or EFTA state exercising their right of freedom of movement '''and''' presenting the residence card<ref>Report from the Commission to the European Parliament and the Council on the operation of the provisions on stamping of the travel documents of third-country nationals in accordance with Articles 10 and 11 of Regulation (EC) No 562/2006 ([http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0489:FIN:EN:PDF COM (2009) 489, p. 7])</ref> |
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*Third-country nationals holding residence permits issued by a Schengen member state<ref name="EUReport pp.6+9">Report from the Commission to the European Parliament and the Council on the operation of the provisions on stamping of the travel documents of third-country nationals in accordance with Articles 10 and 11 of Regulation (EC) No 562/2006 ([http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0489:FIN:EN:PDF COM (2009) 489, pp. 6 and 9]) "The Commission is of the opinion that travel documents of third-country nationals who are in possession of a valid residence permit issued by a Schengen Member State should not be stamped." "The Commission underlines that travel documents of third-country nationals who are in possession of a valid residence permit of a Schengen Member State are exempted from the stamping obligation on entry and exit."</ref> (including [[British nationality law|British]] citizens who hold residence status under Article 18 of the [[Brexit withdrawal agreement]])<ref>{{cite web|url=https://ec.europa.eu/info/sites/info/files/brexit_files/info_site/borders_seminar_ppp_final_public.pdf |title=Brexit Readiness: treating UK nationals at the external Schengen borders and related issues |date=2020-10-12 |access-date=2021-01-19}}</ref> |
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*[[Andorran nationality law|Andorran]], [[Nationality law of Monaco|Monégasque]] and [[San Marino|San Marinese]] citizens |
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*Holders of [[#Local border traffic at external borders|local border traffic permits]] |
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*Heads of state and dignitaries whose arrival has been officially announced in advance through diplomatic channels |
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*Pilots and members of aircraft crews |
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*Seamen (only when their ship calls in and in the area of the port of call) |
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*Crew and passengers of cruise ships |
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|} |
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[[File:Schengen Spain Stamp log.png|250px|thumb|right|Logbook recording which border guards are assigned passport stamps at the [[#Regulation of external borders|external border crossing point]] at the [[Port of Algeciras]] in Spain]] |
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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, provided that the [[Schengen Agreement#Entry conditions for third-country nationals|entry conditions]] are met at the time of entry. |
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Border officials are required, by law, to stamp the travel documents of third country nationals who do not qualify for one of the exemptions listed in the right hand column when they cross external borders,<ref>Council Regulation (EC) No 2133/2004 of 13 December 2004 on the requirement for the competent authorities of the Member States to stamp systematically the travel documents of third country nationals when they cross the external borders of the Member States and amending the provisions of the Convention implementing the Schengen agreement and the common manual to this end ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32004R2133 OJ L 369, 16 December 2004, p. 5–10])</ref> even when border controls have been relaxed. However, nationals of [[Andorran nationality law|Andorra]], [[Nationality law of Monaco|Monaco]], [[San Marino passport|San Marino]] and Vatican City are exempt from this requirement, as are heads of state, whose visits were announced through diplomatic channels, and holders of local border traffic permits and residence permits issued by a Schengen member state.<ref>Report from the Commission to the European Parliament and the Council on the operation of the provisions on stamping of the travel documents of third-country nationals in accordance with Articles 10 and 11 of Regulation (EC) No 562/2006 ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52009DC0489 COM (2009) 489, p. 7]</ref><ref>Report from the Commission to the European Parliament and the Council on the operation of the provisions on stamping of the travel documents of third-country nationals in accordance with Articles 10 and 11 of Regulation (EC) No 562/2006 ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52009DC0489 COM (2009) 489, pp. 6 and 9]) "The Commission is of the opinion that travel documents of third-country nationals who are in possession of a valid residence permit issued by a Schengen Member State should not be stamped." "The Commission underlines that travel documents of third-country nationals who are in possession of a valid residence permit of a Schengen Member State are exempted from the stamping obligation on entry and exit."</ref> Certain exemptions also apply to the crews of ships and aircraft.<ref>Practical Handbook for Border Guards, Part II, Section I, Point 6.2 ([https://ec.europa.eu/home-affairs/sites/homeaffairs/files/e-library/documents/policies/borders-and-visas/schengen/docs/c2019-7131-annex.pdf C (2019) 7131, 8 October 2019, p. 56])</ref> |
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It is granted in the following categories:<ref>This is set out in detail in the Common Consular Instructions:{{cite web| url=http://eur-lex.europa.eu/LexUriServ/site/en/consleg/2002/X/02002X1216-20030501-en.pdf |title=Consolidated verion of the Common Consular Instructions on Visas for the Diplomatic Missions and Consular Posts| language=[[English language|English]] |date=2003-05-01 |accessdate=2007-11-25|format=PDF}}.</ref> |
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* '''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. |
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* '''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. |
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* '''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. |
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* ''' 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). 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. |
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* '''Category D+C''' visas 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. |
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*'''FTD''' and '''FRTD''' are special visas issued for road (FTD) or rail (FRTD) transit only between mainland [[Russia|Russian Federation]] and its western exclave of [[Kaliningrad Oblast]]. |
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Exceptionally, if stamping a person's travel document would cause serious difficulties (such as political persecution), border officials can instead issue a sheet of paper detailing the person's name, travel document number and entry date and location.<ref name="SBC Article 11"/> However, in practice, border officials do not always stamp the travel documents of travellers as legally required.<ref>[https://web.archive.org/web/20081004163015/http://travel.state.gov/travel/cis_pa_tw/cis/cis_4361.html US Department of State: Schengen Fact Sheet]</ref><ref name="Regulation 2006, p. 4">Report from the Commission to the European Parliament and the Council on the operation of the provisions on stamping of the travel documents of third-country nationals in accordance with Articles 10 and 11 of Regulation (EC) No 562/2006 ([http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0489:FIN:EN:PDF COM (2009) 489, p. 4])</ref> If a person who should have received an entry stamp cannot show one either upon request by a law enforcement officer or upon leaving the Schengen Area to a border official, the officer can presume that the person has been staying illegally in the Schengen Area and can expel them, unless the person can demonstrate using credible evidence (such as transport tickets and accommodation receipts) that they have not exceeded their permitted length of stay in the Schengen Area.<ref>Article 12 of the Schengen Borders Code (Regulation (EU) 2016/399) ([https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0399 OJ L 77, 23 March 2016, pp. 1–52])</ref> |
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Under specific circumstances, the territorial validity of a Schengen visa of the categories B, C, or D+C is issued with territorial validity to not all of the Schengen states. Such visa may, for example, be issued for humanitarian or other specific reasons. Territorial validity may also be restricted in case that the travel document in which it is affixed is not accepted by all of the Schengen states. In such cases, the visa authorises a foreigner entry, stay, and exit exclusively in the territory of one or more Schengen member states for which the visa is valid. |
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Although, according to EU rules, third country nationals who hold residence permits should not have their travel documents stamped, [[France]] nevertheless requires third country nationals holding a ''visa de long séjour valant titre de séjour'' (a long-stay visa serving additionally as a residence permit for up to one year) to receive a passport stamp upon their first entry to the Schengen Area as a part of the process to validate the visa as a residence permit; without an entry stamp, the process cannot be completed.<ref>{{Cite web | url=http://vosdroits.service-public.fr/particuliers/F39.xhtml | title=Quel titre de séjour faut-il avoir pour rester en France plus de 3 mois ? | service-public.fr}}</ref> |
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Under certain conditions, seamen are issued a visa at the border in order to board a ship or travel home from a ship in a Schengen harbour. Furthermore, a visa may also be issued at the border in exceptional cases, e.g. emergencies.<ref>{{cite web|url=http://eur-lex.europa.eu/LexUriServ/site/en/oj/2003/l_064/l_06420030307en00010008.pdf |title=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| language=[[English language|English]] |date=2003-03-07 |accessdate=2007-11-25|format=PDF}}.</ref> |
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Third-country nationals who otherwise fulfil all the criteria for admission into the Schengen area must not be denied entry for the sole reason that there is no remaining empty space in their travel document to affix a stamp; instead, the stamp should be affixed on a separate sheet of paper.<ref>Practical Handbook for Border Guards, Part II, Section I, Point 6.1 ([https://ec.europa.eu/home-affairs/sites/homeaffairs/files/e-library/documents/policies/borders-and-visas/schengen/docs/c2019-7131-annex.pdf C (2019) 7131, 8 October 2019, p. 56])</ref><ref>Practical Handbook for Border Guards, Part II, Section I, Point 6.4 ([https://ec.europa.eu/home-affairs/sites/homeaffairs/files/e-library/documents/policies/borders-and-visas/schengen/docs/c2019-7131-annex.pdf C (2019) 7131, 8 October 2019, p. 57])</ref> |
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To obtain a Schengen visa, a traveller must take the following steps: |
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* He or she must first identify which Schengen country is the main destination. This determines the State responsible for deciding on the Schengen visa application and therefore the [[embassy]] or the [[consulate general|consulate]] where the traveller will have to lodge the application.<ref>Article 12 sec. 2 sentence 1 of the [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:42000A0922(02):EN:HTML ''Schengen II'' Agreement].</ref> If the main destination cannot be determined, the traveller should file the visa application at the embassy or consulate of the Schengen country of first entry.<ref>Article 12 sec. 2 sentence 2 of the [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:42000A0922(02):EN:HTML ''Schengen II'' Agreement].</ref><ref>{{cite web|url=http://www.ambnewdelhi.um.dk/en/menu/ConsularServices/visadk/ |accessdate=2007-12-25 |title=Visa requirements for Indians travelling to Denmark |author=Ministry of Foreign Affairs of Denmark, Embassy of Denmark, New Delhi}}</ref> If the Schengen State of the main destination or first entry does not have a [[diplomatic mission]] or consular post in his country, the traveller must contact the embassy or the consulate of another Schengen country, normally located in the traveller's country, which represents, for the purpose of issuing Schengen visas, the country of the principal destination or first entry. |
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* The traveller 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). The traveller will also have to prove his or her means of subsistence, i.e., the funds available to cover, on the one hand, the expenses of the stay, taking into account its duration and the destination, and, on the other hand, the cost of the return to the 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. |
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* Finally, the traveller must have travel insurance that covers, for a minimum of €30,000, any expenses incurred as a result of emergency medical treatment or [[repatriation]] for health 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. This type of insurance can be easily found on the web from well-known insurers. |
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Entry and exit stamps are applied in black ink, except for the red date stamp and a two-digit security code in the middle. The two-digit security code must be changed at least once a month,<ref>Annex IV of the Schengen Borders Code (Regulation (EU) 2016/399) ([https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0399 OJ L 77, 23 March 2016, pp. 1–52])</ref> although some Schengen countries (such as [[Greece]]) change security codes every day.<ref name="Regulation 2006, p. 8"/> The stamps bear the country abbreviation within a circle of stars in the top left hand corner, the name of the entry/exit border crossing point in [[Latin alphabet]] at the bottom, and an icon in the top right hand corner to denote the mode of entry/exit. Below the name of the border crossing point is an identifying number – a record is kept of the identity of the border officer to whom a given stamp is assigned at any given time.<ref>Annex II of the Schengen Borders Code (Regulation (EU) 2016/399) ([https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0399 OJ L 77, 23 March 2016, pp. 1–52])</ref> Entry stamps are rectangular and have an arrow into a square, while exit stamps are rectangular with rounded corners and have an arrow out of a square. The stamps do not indicate any maximum permitted duration of stay. |
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Requirements for family members of an [[European Economic Area|EEA]] citizen differ from those indicated above. In general for family members of an EEA citizen, 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. |
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Border guards are required to ensure the secure storage of passport stamps in locked safes between shifts. Border posts are advised to set out clear responsibilities and instructions for the distribution and use of passport stamps.<ref>{{Cite web |url=http://www.schengen.mira.gov.ro/English/Documente/utile/catutil/Updated%20EU%20Schengen%20Catalogue.pdf |title=Schengen Catalogue: External borders control recommendations and best practices |access-date=2012-07-29 |archive-url=https://web.archive.org/web/20150702065238/http://www.schengen.mira.gov.ro/English/Documente/utile/catutil/Updated%20EU%20Schengen%20Catalogue.pdf |archive-date=2015-07-02 |url-status=dead }}</ref> |
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===Internal movement of holders of a residence title=== |
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According to [[European Commission]] recommendations and guidelines, stamps should be affixed in travel documents by border officials in the following manner:<ref name="Regulation 2006, p. 4"/><ref>Practical Handbook for Border Guards, Part II, Section I, Point 6.5 ([https://ec.europa.eu/home-affairs/sites/homeaffairs/files/e-library/documents/policies/borders-and-visas/schengen/docs/c2019-7131-annex.pdf C (2019) 7131, 8 October 2019, p. 58])</ref> |
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[[Image:SchengenResidencePermit.JPG|thumb|Common Model of a Schengen Residence Permit, here: Form for a German long-term residence permit]] |
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* in chronological order |
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* in a horizontal position |
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* in a clear and straight manner (i.e. with enough ink and not over the edge of a page) |
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* the exit stamp should be affixed in the proximity of the entry stamp |
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* no stamp should be affixed over another stamp or over the machine readable zone of a visa |
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* if the travel document contains a single-entry Schengen visa, the stamp should be affixed over the edge of the visa, but without affecting the legibility of the conditions and security features of the visa |
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* if the travel document contains a multiple-entry Schengen visa, the stamp should be affixed on the page facing the one on which the visa is affixed |
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If a third-country national is refused entry to the Schengen Area, the border official is required to affix an entry stamp in the travel document, cancel the stamp by an indelible cross in blank ink and write the letter corresponding to the reason for the refusal of entry to the right-hand side of the cancelled stamp.<ref>Annex V of the Schengen Borders Code (Regulation (EU) 2016/399) ([https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0399 OJ L 77, 23 March 2016, pp. 1–52])</ref><ref>Practical Handbook for Border Guards, Part II, Section I, Point 8.4 ([https://ec.europa.eu/home-affairs/sites/homeaffairs/files/e-library/documents/policies/borders-and-visas/schengen/docs/c2019-7131-annex.pdf C (2019) 7131, 8 October 2019, p. 68])</ref> |
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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.<ref>Article 21 of the Schengen Agreement.</ref> 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.<ref>{{cite web |url=http://eur-lex.europa.eu/LexUriServ/site/en/oj/2004/l_016/l_01620040123en00440053.pdf |title=Council Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents| language=[[English language|English]] |date=2004-01-23 |accessdate=2007-11-25|format=PDF}}</ref>. |
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By contrast, if a border official has affixed a stamp in a travel document by mistake (as opposed to a refusal of entry), the stamp can be annulled by drawing two parallel lines through the top left-hand corner.<ref>Practical Handbook for Border Guards, Part II, Section I, Point 8.6 ([https://ec.europa.eu/home-affairs/sites/homeaffairs/files/e-library/documents/policies/borders-and-visas/schengen/docs/c2019-7131-annex.pdf C (2019) 7131, 8 October 2019, pp. 68-69])</ref> |
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The right of entry without additional visa was extended to the non-EEA family members of EEA nationals [[Freedom of movement for workers|exercising their treaty right of free movement]] who hold a valid residence card or residence permit of their EEA host country and wish to visit any other EEA member state for a short stay up to 90 days<ref>{{cite web |url=http://ec.europa.eu/youreurope/nav/en/citizens/travelling/entry-procedures/for-family-members-who-are-not-citizens/index_en.html |title=Entry procedures for their family members who are not Union citizens themselves (European Union)| language=[[English language|English]] |accessdate=2008-08-26}}</ref><ref>{{cite web |url=http://ec.europa.eu/commission_barroso/frattini/archive/guide_2004_38_ec_en.pdf |title=Right of Union citizens and their family members to move and reside freely within the Union, Guide on how to get the best out of Directive 2004/38/EC |language=[[English language|English]] |accessdate=2008-08-26|format=PDF}}</ref><ref>{{cite web |url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:124:0020:01:EN:HTML |title=Decision of the EEA Joint Committee No 158/2007 of 7 December 2007 amending Annex V (Free movement of workers) and Annex VIII (Right of establishment) to the EEA Agreement| language=[[English language|English]] |accessdate=2008-08-26}}</ref>. This is implied in [[Directive 2004/38/EC on the right to move and reside freely|Directive 2004/38/EC]], Article 5(2) provided that they travel together with the EEA national or join their spouse/partner at a later date (Article 6(2)). Several member countries (as at December 2008), however, do not follow the Directive in this respect<ref>The {{cite web |
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|url=http://www.opsi.gov.uk/si/si2006/20061003.htm#2 |title=Statutory Instrument 2006 No. 1003 - The Immigration (European Economic Area) Regulations 2006 |language=[[English language|English]]}} refers only to residence permits issued by the UK themselves (see definition of "residence card" in this section).</ref><ref>Article 4(2) of the {{cite web |url=http://www.mir.es/SGACAVT/derecho/rd/rd240_2007.html |title=Real Decreto 240/2007, de 16 de febrero |language=[[Spanish language|Spanish]]}} refers to Schengen residence permits only.</ref> |
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<ref>Point 3.2 in {{cite web |url=http://ec.europa.eu/justice_home/news/intro/doc/com_2008_840_en.pdf |
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|title=Report from the Comission to the European Parliament and the Council on the application of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of Member States |
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|date=2008-12-12 |
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|accessdate=2008-12-17 |
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|language=[[English language|English]] |
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|format=PDF}}</ref> to the effect that non-EEA family members living in non-Schengen EU countries may still face difficulties (denial of boarding the vessel by the transport company, denial to enter by border police) when travelling to certain Schengen countries with their residence permit alone. Likewise non-Schengen member EU countries may deny entry to Schengen residence permit holders without an additional visa. |
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<gallery widths="150px" heights="120px" perrow="4" caption="Uniform design of Schengen member states' passport stamps"> |
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===Local border traffic at external borders=== |
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File:Sandefjord passport stamp.jpg|'''Entry stamp''' for ''air travel'', issued at [[Sandefjord Airport]] in [[Norway]] |
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File:Nickelsdorfpassportstamp.jpg|'''Entry stamp''' for ''rail travel'', issued at [[Nickelsdorf]] at Austro-Hungarian border before [[Hungary]] joined the Schengen Area |
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File:Greece doirani entry.jpg|'''Entry stamp''' for ''road travel'', issued at [[Doirani]] at Greek-North Macedonian border |
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File:Ijmondpassportstamp.jpg|'''Entry stamp''' for ''ferry travel'', issued at the port of [[Amsterdam]] IJmond in [[Netherlands]] |
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File:Czech prague airport exit.jpg|'''Exit stamp''' for ''air travel'', issued at [[Prague Ruzyně Airport]] in [[Czech Republic]] |
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File:Germany bad schandau exit.jpg|'''Exit stamp''' for ''rail travel'', issued at [[Bad Schandau]] at Czech-German border before the Czech Republic joined the Schengen Area |
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File:Poland korczowa exit.jpg|'''Exit stamp''' for ''road travel'', issued at [[Korczowa]] at Polish-Ukrainian border |
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File:Finland helsinki ferry.JPG|'''Exit stamp''' for ''ferry travel'', issued at port of [[Helsinki]] in [[Finland]] |
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</gallery> |
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===Stays in excess of 90 days=== |
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Schengen States which share an external land border with a non-Schengen country are authorised by virtue of an EU regulation to conclude or maintain bilateral Agreements with neighbouring third countries for the purpose of implementing a local border traffic regime.<ref>{{cite web |url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:405:0001:0022:EN:PDF |title=Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention| language=[[English language|English]] |date=2006-12-30 |accessdate=2008-03-02}}</ref> The regulation stipulates the conditions which have to be met by such agreements. The agreements have to provide for the introduction of a ''local border traffic permit'' under the relevant scheme. Such permits must contain the name and a picture of the holder, as well as a statement that its holder is not authorised to move outside the border area and that any abuse shall be subject to penalties. The border area may include any administrative district within 30 kilometres from the external border (and, if any district extends beyond that limit, the whole district up to 50 kilometres from the border). |
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For stays in the Schengen Area as a whole which exceed 90 days, a third-country national will need to hold either a long-stay visa for a period no longer than a year, or a residence permit for longer periods. A long-stay visa is a national visa but is issued in accordance with a uniform format. It entitles the holder to enter the Schengen Area and remain in the issuing state for a period longer than 90 days but no more than one year. If a Schengen state wishes to allow the holder of a long-stay visa to remain there for longer than a year, the state must issue him or her with a residence permit. |
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The holder of a long-stay visa or a residence permit is entitled to move freely within other states which compose the Schengen Area for a period of up to three months in any half-year.<ref>Regulation (EU) No 265/2010 of the European Parliament and of the Council of 25 March 2010 amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32010R0265:EN:NOT OJ L 85, 31 March 2010, p. 1])</ref> Third-country nationals who are [[Long-term resident (European Union)|long-term residents in a Schengen state]] may also acquire the right to move to and settle in another Schengen state without losing their legal status and social benefits.<ref>Council Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32003L0109:EN:NOT OJ L 16, 23 January 2004, p.44]).</ref> |
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Holders of such permit may cross the external borders, once there has not been issued an alert in the [[Schengen Information System]] for refusal of entry, and they do not form a threat to public policy, internal security, public health or the international relations of ''any'' of the Member States. The question whether an additional identity document is required for crossing the border (and which type may be used), and for how long the permit holder may stay in the border area, may be regulated bilaterally. The maximum permitted period of stay may not exceed three months. The features of the form of the permit have to comply with the uniform format for residence permits for third-country |
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nationals. Permits are valid from one to five years. |
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[[Asylum seeker]]s who request international protection under the [[Geneva Convention]] from a Schengen member state are not issued a residence permit, but are instead issued, within three days of the application being lodged, an authorisation to remain on the territory of the member state while the application is pending or being examined. This means that, whilst their application for refugee status is being processed, asylum seekers are only permitted to remain in the Schengen member state where they have claimed asylum and are not entitled to move freely within other states which compose the Schengen Area.<ref>Article 6 of the Council Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32003L0009 OJ L 31, 27 January 2003, p. 20])</ref> Successful applicants who have been granted international protection by a Schengen member state are issued residence permits which are valid for at least three years and renewable, whilst applicants granted subsidiary protection by a Schengen member state are issued residence permits valid for at least 1-year and renewable, unless there are compelling reasons relating to national security or public order. Family members of beneficiaries of international or subsidiary protection from a Schengen member state are issued residence permits as well, but their validity can be shorter.<ref>Article 24 of the Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004L0083:EN:NOT OJ L 304, 29 April 2004, p. 12])</ref> Applicants who have been granted temporary protection by a Schengen member state (as well as their reunited family members) are issued residence permits valid for the entire period of temporary protection.<ref>Articles 8 and 15 of the Council [[Directive 2001/55/EC]] of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32001L0055 OJ L 212, 20 July 2001, p. 12])</ref> |
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Permits may only be issued to persons having been lawful residents in the border area of a country neighbouring a Schengen State for a period specified in the relevant bilateral agreement, which generally has to be at least one year. The applicant for the permit has to show legitimate reasons to frequently cross an external land border under the local border traffic regime, and must meet the specific entry requirements as described above. Schengen states must keep a central register of the permits issued and have to provide immediate access to the relevant data to other Schengen states. |
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However, some third-country nationals are permitted to stay in the Schengen Area for more than 90 days without the need to apply for a long-stay visa. For example, France does not require citizens of Andorra, Monaco, San Marino and the Vatican City to apply for a long-stay visa.<ref>{{cite web|url=http://vosdroits.service-public.fr/F16162.xhtml |title=Visas de long séjour pour la France |publisher=Vosdroits.Service-public.fr |date=8 April 2011 |access-date=12 March 2013 |url-status=dead |archive-url=https://web.archive.org/web/20130126151919/http://vosdroits.service-public.fr/F16162.xhtml |archive-date=26 January 2013}}</ref> In addition, Article 20(2) of the Convention implementing the Schengen Agreement allows for this 'in exceptional circumstances' and for bilateral agreements concluded by individual signatory states with other countries before the Convention entered into force to remain applicable. As a result, for example, [[New Zealand nationality law|New Zealand citizens]] are permitted to stay for up to 90 days in ''each'' of the Schengen countries (Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Luxembourg, the Netherlands, Norway, Poland, Portugal, Spain, Sweden and Switzerland) which had already concluded bilateral visa exemption agreements with the [[New Zealand Government]] prior to the Convention entering into force without the need to apply for long-stay visas, but if travelling to other Schengen countries the 90 days in a 180-day period time limit applies.<ref>{{cite web|url=http://eeas.europa.eu/delegations/new_zealand/eu_travel/visa/index_en.htm |title=Delegation of the European Union to New Zealand: Frequently Asked Questions |publisher=Eeas.europa.eu |date=2009-02-13 |access-date=18 January 2016 |archive-url=https://web.archive.org/web/20160118232230/http://eeas.europa.eu/delegations/new_zealand/eu_travel/visa/index_en.htm | archive-date=18 January 2016}}</ref><ref>{{cite web|url=http://www.safetravel.govt.nz/destinations/europetips.shtml |title=NZ government travel advisory – travel tips to Europe |publisher=Safetravel.govt.nz |date=13 September 2013 |access-date=12 October 2013 |url-status=dead |archive-url=https://web.archive.org/web/20130929010623/http://www.safetravel.govt.nz/destinations/europetips.shtml |archive-date=29 September 2013}}</ref><ref>{{cite web | title = Visa for New Zealand passport holders | publisher = Embassy of Switzerland in Wellington | date = 12 December 2021 | url = https://www.eda.admin.ch/countries/new-zealand/en/home/visa/entry-ch/visa-new-zealand-passport-holders.html | access-date = 17 April 2022 | archive-url = https://web.archive.org/web/20220417035556/https://www.eda.admin.ch/countries/new-zealand/en/home/visa/entry-ch/visa-new-zealand-passport-holders.html | archive-date = 17 April 2022}}</ref><ref>{{cite web | title = Visa-free travel | publisher = Danish Immigration Service | date = 13 February 2019 | url = https://www.nyidanmark.dk/en-GB/You-want-to-apply/Short-stay-visa/Visa-free-visits | access-date = 13 April 2020 | archive-url = https://web.archive.org/web/20200413101133/https://www.nyidanmark.dk/en-GB/You-want-to-apply/Short-stay-visa/Visa-free-visits | archive-date = 13 April 2020}}</ref><ref>{{cite web | title = Visa | publisher = Embassy of Italy in Wellington | url = https://ambwellington.esteri.it/Ambasciata_Wellington/en/informazioni_e_servizi/visti/visti.html | access-date = 13 April 2020 | archive-url = https://web.archive.org/web/20200413102202/https://ambwellington.esteri.it/Ambasciata_Wellington/en/informazioni_e_servizi/visti/visti.html | archive-date = 13 April 2020}}</ref><ref>{{cite web | title = Fact Sheet: Austria-New Zealand Bilateral Agreement on Visa Free Short Stays | publisher = Austrian Embassy in Canberra | url = https://www.bmeia.gv.at/fileadmin/user_upload/Vertretungen/Canberra/Austria_New_Zealand_Bilateral_Agreement_on_Visa_Free_Short_Stays_-_Fact_sheet.pdf | access-date = 13 April 2020 | archive-url = https://web.archive.org/web/20200413102420/https://www.bmeia.gv.at/fileadmin/user_upload/Vertretungen/Canberra/Austria_New_Zealand_Bilateral_Agreement_on_Visa_Free_Short_Stays_-_Fact_sheet.pdf | archive-date = 13 April 2020}}</ref><ref>{{cite web | title = Visa | publisher = Embassy of Hungary in Wellington | url = https://wellington.mfa.gov.hu/eng/page/visa | access-date = 13 April 2020 | archive-url = https://web.archive.org/web/20200413102710/https://wellington.mfa.gov.hu/eng/page/visa | archive-date = 13 April 2020}}</ref><ref>{{cite web |url=http://www.ambafrance-nz.org/IMG/pdf/Border_controls_in_Europe.pdf |title=Border controls in Europe |publisher=Embassy of France in New Zealand |archive-date=3 April 2019 |archive-url=https://web.archive.org/web/20190403144100/https://nz.ambafrance.org/spip.php?action=api_docrestreint&arg=0%2F0%2Fpdf%2FBorder_controls_in_Europe.pdf |access-date=13 November 2011 |url-status=live }}</ref><ref>{{citation |title=Frequently Asked Questions |publisher=Embassy of Spain in Wellington |date=29 April 2009 |url=http://www.maec.es/subwebs/Embajadas/Wellington/es/MenuPpal/faqs/Paginas/faqs.aspx |access-date=1 January 2012 |archive-url=https://web.archive.org/web/20111204191718/http://www.maec.es/subwebs/Embajadas/Wellington/es/MenuPpal/faqs/Paginas/faqs.aspx |archive-date=4 December 2011 |url-status=dead}}</ref><ref>{{cite web|url=https://www.udiregelverk.no/en/documents/udi-guidelines/udi-2010-080/ |title=UDI 2010-080 Bortvisningspraksis for borgere fra stater Norge har inngått bilaterale visumfrihetsavtaler med |publisher=Norwegian Directorate of Immigration |date=28 November 2019 |language=no |archive-url=https://web.archive.org/web/20200413105136/https://www.udiregelverk.no/en/documents/udi-guidelines/udi-2010-080/ |archive-date=13 April 2020}}</ref><ref>{{cite web|url=https://www.udiregelverk.no/en/documents/udi-guidelines/udi-2010-080/udi-2010-080v1/ |title=UDI 2010-080V1 Liste over visumfrie borgere som er omfattet |publisher=Norwegian Directorate of Immigration |archive-url=https://web.archive.org/web/20200413105042/https://www.udiregelverk.no/en/documents/udi-guidelines/udi-2010-080/udi-2010-080v1/ |archive-date=13 April 2020 |date=28 November 2019 |language=no}}</ref>{{citekill|date=September 2020}} |
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Before the conclusion of an agreement with a neighbouring country, the Schengen state must receive approval from the [[European Commission]], which has to confirm the legality of its draft. The agreement may only be concluded if the neighbouring country grants at least reciprocal rights to the relevant Schengen state, and readmission of illegally staying persons from the neighbouring country is ensured. For local border traffic, fast lanes or special border crossings may be introduced. |
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===Entry conditions for family members of EEA and Swiss citizens=== |
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===Special arrangement on entry for Croatians=== |
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{{Hatnote|EEA includes the EU}} |
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Third-country nationals who are family members of EEA and Swiss citizens [[freedom of movement for workers|exercising their right of free movement]] and who hold a [[residence card of a family member of a Union citizen]] issued by their EEA host country can visit another EEA member state or Switzerland without a visa for a short stay of up to three months in each member state.<ref>Article 5(2) of 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 ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32004L0038 OJ L 158/77, 30 April 2004, p. 46-61])</ref><ref>Practical Handbook for Border Guards, Part II, Section I, Point 2.1.2 ([https://ec.europa.eu/home-affairs/sites/homeaffairs/files/e-library/documents/policies/borders-and-visas/schengen/docs/c2019-7131-annex.pdf C (2019) 7131, 8 October 2019, p. 17-18])</ref><ref>{{cite web|url=https://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm |title=Travel documents for non-EU family members |publisher=[[European Commission]] |date=25 February 2020 |access-date=19 April 2020}}</ref><ref>Decision of the EEA Joint Committee No 158/2007 of 7 December 2007 amending Annex V (Free movement of workers) and Annex VIII (Right of establishment) to the EEA Agreement ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:22007D0158:EN:NOT OJ L 124, 8 May 2008, p. 20]).</ref> A 'family member' is defined as the spouse/partner, any of their children below age 21 or dependents (including those of the spouse/partner) and dependent parents (including those of the spouse/partner).<ref>Practical Handbook for Border Guards, Part I, Point 7 ([https://ec.europa.eu/home-affairs/sites/homeaffairs/files/e-library/documents/policies/borders-and-visas/schengen/docs/c2019-7131-annex.pdf C (2019) 7131, 8 October 2019, p. 8])</ref> |
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Holders of a [[residence card of a family member of a Union citizen]] issued by a Schengen member state can travel to another Schengen member state without a visa, regardless of whether they are travelling independently, or accompanying or joining their EEA/Swiss citizen family member. However, holders of a [[residence card of a family member of a Union citizen]] issued by Bulgaria, Cyprus, Ireland, and the UK can travel to the Schengen Area without a visa only if they are accompanying or joining their EEA/Swiss citizen family member.<ref>{{cite book |title= Practical Handbook for Border Guards, Part II, Section I, Point 2.8, C (2019) 7131| url= https://ec.europa.eu/home-affairs/sites/homeaffairs/files/e-library/documents/policies/borders-and-visas/schengen/docs/c2019-7131-annex.pdf |date=8 October 2019 | page= 22}}</ref> British citizens had until 30 June 2021 to apply for the card. |
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There is an exception to these rules in the case of citizens of [[Croatia]]. Based on the Pre-Schengen bilateral agreements between [[Croatia]] and its neighboring EU countries ([[Italy]], [[Hungary]] and [[Slovenia]]), Croatian citizens are allowed to cross the border with ID card only (passport not obligatory).<ref>See ''Schengen and Slovenia / Third-country nationals'' at {{cite web|url=http://www.mnz.gov.si/en/pogosta_vprasanja/faq_about_schengen/|title=Republic of Slovenia: Ministry of the Interior: FAQ about Schengen|language=[[English language|English]]|accessdate=2008-03-02}}.</ref> Many people living near the border cross it several times a day (some work across the border, or have land on the other side of the border), especially on the border with Slovenia, which was unmarked for centuries as Croatia and Slovenia were both part of [[Habsburg Empire]] (1527–1918) and [[Yugoslavia]] (1918–1991). As Croatia is expected to join EU in a matter of years, an interim solution, which received permission from the [[European Commission]], was found: every Croatian citizen is allowed to cross the Schengen border into Hungary, Italy or Slovenia with an ID card and an evidention card that is issued by Croatian police at border exit control. The 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 and entry stamp, though they 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 using only an ID card. |
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If the non-EEA family member is an [[Visa policy of the Schengen Area|Annex I national]] who presents themself at the border without a [[residence card of a family member of a Union citizen]] nor an entry visa, but can show their family ties with the EEA/Swiss citizens by other means, then a visa must be issued at the border free of charge and entry permitted.<ref>{{cite web |title=Article 5(4) of 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 (OJ L 158/77) |url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32004L0038 |date= 30 April 2004 |pages =46–61}}</ref> |
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However, as of December 2008, the right of entry of family members of EEA/Swiss citizens laid down in Articles 5(2) and 5(4) of [[Directive 2004/38/EC on the right to move and reside freely|Directive 2004/38/EC]] has been incorrectly transposed into Belgian, Latvian and Swedish law, and not transposed at all by Austria, Denmark, Estonia, Italy, Lithuania, Germany and Slovenia.<ref name="application of directive">Point 3.2 in {{cite web|url=https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52008DC0840:EN:NOT |title=Report from the Commission to the European Parliament and the Council on the application of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of Member States |date=10 December 2008 |access-date=22 January 2012}}</ref> Five member states do not follow the Directive to the effect that non-EEA family members may still face difficulties (denial of boarding the vessel by the transport company, denial to enter by border police) when travelling to those states using their residence card issued by another EU member state. A visa or other document(s) may still be required.<ref name="application of directive"/> |
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===Local border traffic at external borders=== |
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[[File:Schengen Area Local Border Permits.svg|thumb|External Schengen or EU borders which have local border traffic permits.]] |
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Schengen states which share an external land border with a non-EU member state are authorised by virtue of the EU Regulation 1931/2006 to conclude or maintain bilateral agreements with neighbouring third countries for the purpose of implementing a [[local border traffic]] regime.<ref>Corrigendum to Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R1931R(01):EN:NOT OJ L 29, 3 February 2007, p. 3]).</ref> Such agreements define a [[border area]] which may extend to a maximum of {{convert|50|km|mi}} on either side of the border, and provide for the issuance of local border traffic permits to residents of the border area. Permits may be used to cross the EU external border within the border area, are not [[#Passport stamp|stamped]] on crossing the border and must display the holder's name and photograph, as well as a statement that its holder is not authorised to move outside the border area and that any abuse shall be subject to penalties. |
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Permits are issued with a validity period of between one and five years and allow for a stay in the border area of up to three months. Permits may only be issued to lawful residents of the border area who have been resident in the border area for a minimum of one year (or longer if specified by the bilateral agreement). Applicants for a permit have to show that they have legitimate reasons to cross frequently an external land border under the local border traffic regime. Schengen states must keep a central register of the permits issued and have to provide immediate access to the relevant data to other Schengen states. |
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===The Western Balkan states=== |
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Holders of local border traffic permits are able to spend up to 3 months ''every time'' they enter the border area of the country which has issued the permit (this time limit is far more generous than the "90 days in a 180-day period" normally granted to third-country nationals visiting the Schengen Area).<ref>{{cite web|title=Judgement of the European Court of Justice of 21 March 2013, Case C‑254/11, Szabolcs-Szatmár-Bereg Megyei Rendőrkapitányság Záhony Határrendészeti Kirendeltsége v Oskar Shomodi|url=https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62011CJ0254:EN:NOT |publisher=Eur-lex.europa.eu|access-date=2015-07-31}}</ref> |
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Visa-free regime negotiations between the EU and the [[Western Balkans]] (excluding Croatia) were launched in the first half of 2008, and are currently underway.<ref>{{cite web |url=http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/398&format=HTML&aged=0&language=en&guiLanguage=en |title=Commission launches dialogue with Albania on visa free travel| language=[[English language|English]] |date=2008-04-05 |accessdate=2008-03-06}}</ref><ref>{{cite web |url=http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/277&format=HTML&aged=0&language=en&guiLanguage=en |title=Commission launches dialogue with Montenegro on visa free travel| language=[[English language|English]] |date=2008-04-05 |accessdate=2008-02-21}}</ref><ref>{{cite web |url=http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/273&format=HTML&aged=0&language=en&guiLanguage=en |title=Commission launches dialogue with the former Yugoslav Republic of Macedonia on visa free travel| language=[[English language|English]] |date=2008-02-20 |accessdate=2008-05-27}}</ref> These countries ([[Albania]] and the former [[Socialist Federal Republic of Yugoslavia|Yugoslav]] republics of [[Bosnia and Herzegovina]], [[Republic of Macedonia|Macedonia]], [[Montenegro]], and [[Serbia]]) had already signed a facilitated visa regime with the Schengen states in 2007 (UK and Ireland excluded), including shorter waiting periods, free or lower visa fees, and fewer documentation requirements when compared to other countries whose citizens require C, D, or C+D visas. However, in reality this facilitation stays only on paper and many citizens who should be getting visas more easily have complained that the process of issuing Schengen visas is now even more complicated and time consuming than before these facilitations <ref>{{cite web |url=http://www.nezavisne.com/dogadjaji/vijesti/24428/Zbog-viza-odustaju-od-ljetovanja.html |title=Nezavisne: Zbog viza odustaju od ljetovanja| language=[[Serbocroatian language|Serbian|Bosnian|Croatian]] |date=2008-06-08}}</ref><ref>{{cite web |url=http://www.b92.net/info/vesti/index.php?yyyy=2008&mm=06&dd=22&nav_id=304963 |title=B92: Turisti i dalje tesko do vize| language=[[Serbocroatian language|Serbian|Bosnian|Croatian]] |date=2008-06-22}}</ref>. The visa free negotiations are being conducted on an individual basis, and roadmaps with a list of conditions to be fulfilled have been customised for each Western Balkan state. These negotiations may be concluded as early as the first half of 2009, and most probably not before 2010; the Western Balkan citizens will then be able to enter the Schengen area without a visa for a visit of 90 days in a six months period.<ref>{{cite web |url=http://xs4.b92.net/eng/news/politics-article.php?yyyy=2008&mm=04&dd=05&nav_id=49124 |title=EC: Visa abolition possible by 2009| language=[[English language|English]] |date=2008-04-05 |accessdate=2008-05-27}}</ref>. This must be in effect before Croatia joins the Schengen area, particularly since [[Bosnia-Herzegovina]]'s [[Neum]] area separates Croatian coast in two, requiring two border checks on the trip from the Croatian cities of, e.g., [[Split (city)|Split]] and [[Dubrovnik]]. |
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Before the conclusion of an agreement with a neighbouring country, the Schengen state must receive approval from the [[European Commission]], which has to confirm that the draft agreement is in conformity with the Regulation. The agreement may only be concluded if the neighbouring state grants at least reciprocal rights to EEA and Swiss nationals resident on the Schengen side of the border area, and agrees to the repatriation of individuals found to be abusing the border agreement. |
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===Temporary reintroduction of internal border controls=== |
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{{As of|June 2017}} ten local-traffic agreements have come into force. |
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A Schengen state is permitted by articles 23 to 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 an action. This occurred in Portugal during the [[2004 European Football Championship]] and in France for the ceremonies marking the 60th anniversary of [[D-Day]]. Spain temporarily reinstated border controls during the wedding of Crown [[Prince Felipe]] in 2004. It was used again by France shortly after the [[7 July 2005 London bombings|London bombings]] in July 2005. Finland briefly reinstated border controls during the [[2005 World Championships in Athletics]] in August 2005 and for the 16th [[OSCE]] Ministerial Council in 2008, as did Germany for the [[2006 FIFA World Cup]] and again in 2007 for the [[33rd G8 summit]] in [[Heiligendamm]]. Austria also did so for the [[UEFA]] [[Euro2008]] in June 2008. |
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* Hungary–Ukraine from January 2008.<ref name="local traffic 2011"/> |
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* Slovakia–Ukraine from September 2008.<ref name="local traffic 2011"/> |
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* Poland–Ukraine in July 2009.<ref name="local traffic 2011">{{cite news|first1=Anne |last1=Eckstein |title=Cross-border travel to become easier in Kaliningrad area |date=29 July 2011 |newspaper=Europolitics |url=http://www.europolitics.info/europolitics/cross-border-travel-to-become-easier-in-kaliningrad-area-art310843-46.html |access-date=27 August 2011 |url-status=dead |archive-url=https://web.archive.org/web/20111002131024/http://www.europolitics.info/europolitics/cross-border-travel-to-become-easier-in-kaliningrad-area-art310843-46.html |archive-date=2 October 2011}}</ref> |
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* Romania–Moldova from October 2010.<ref name="local traffic 2011"/> |
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* Latvia–Belarus from February 2012.<ref>{{cite web|url=http://naviny.by/rubrics/english/2012/02/02/ic_articles_259_176699/ |title=Consulates in Belarus, Latvia begin issuing local border traffic permits |publisher=Naviny.by |date=2010-08-23 |access-date=2013-10-12}}</ref> |
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* Norway–Russia from May 2012.<ref name="notifications_under_article_19_en"/> |
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* Poland–Russia (Kaliningrad Area) from July 2012<ref>{{cite web|last=Staalesen |first=Atle |url=http://www.barentsobserver.com/en/borders/more-russians-get-visa-free-travelling-29-06 |title=More Russians get visa-free travelling |publisher=Barentsobserver.com |date=2012-06-29 |access-date=2013-10-12}}</ref> (suspended since July 2016)<ref>{{cite news|title=Kaliningrad: visa-free border traffic suspended |date=18 October 2016 |publisher=[[Deutsche Welle]] |url=https://www.dw.com/en/kaliningrad-visa-free-border-traffic-suspended/av-36079843 |access-date=2 May 2020}}</ref> |
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* Latvia–Russia from June 2013.<ref>[https://www.academia.edu/13700780/Latvian_visa-free_border_zones_with_Russia_and_Belarus_what_are_they_and_why Latvian visa-free border zones with Russia and Belarus: what are they and why] academia.edu</ref> |
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* Romania–Ukraine from May 2015.<ref name="notifications_under_article_19_en">{{Cite web|url=https://ec.europa.eu/home-affairs/sites/homeaffairs/files/e-library/documents/policies/borders-and-visas/schengen/docs/notifications_under_article_19_en.pdf|title=Member States notified the following bilateral agreements}}</ref> |
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* An agreement between Croatia–Bosnia and Herzegovina is applied on provisional basis, pending ratification.<ref name="notifications_under_article_19_en"/> |
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On 28 April 2014, Moldova was classified as an [[Visa policy of the Schengen Area|'Annex II' nationality]]. On 11 June 2017, Ukraine was classified as an 'Annex II' nationality. Therefore, Moldovan and Ukrainian citizens who hold [[biometric passport]]s no longer require a visa to enter the Schengen Area and Romania, thus obviating the need to apply for a local border traffic permit (unless they wish to spend more than 90 days in a 180-day period permitted by the visa exemption, given that local border traffic permit holders are allowed to stay for 3 months in the border area on each entry). |
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===Air security=== |
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There are or have been plans for Lithuania–Russia, Poland–Belarus, Bulgaria–Serbia and Bulgaria–North Macedonia local border traffic agreements.<ref>{{Cite web|url=https://eur-lex.europa.eu/EN/legal-content/summary/local-border-traffic-at-external-land-borders.html|title=EUR-Lex - l14506 - EN - EUR-Lex|website=eur-lex.europa.eu}}</ref> |
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When travelling by air between Schengen countries, or within a single Schengen country, identification (usually [[passport]] or [[national ID card]]) is requested at the [[airport check-in]] counters. Also, the nationals who need a visa for Schengen countries are asked to present it together with a valid [[passport]]. Although immigration control is generally not applied at points of departure or arrival (essentially, the flight is classed as 'domestic'), this lower form of border control is performed at [[airport check-in]] counters. |
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The agreement between Poland and Belarus had been due to enter into force by 2012,<ref>Second report on the implementation and functioning of the local border traffic regime set up by Regulation No 1931/2006 ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52011DC0047:EN:NOT COM/2011/0047 final])</ref> but was delayed by Belarus,<ref>{{cite web|url=http://visa-free-europe.eu/2012/05/belarus-plays-the-border-security-card-with-the-eu/ |title=Belarus Plays The Border Security Card with the EU |publisher=Visa-free-europe.eu |access-date=2013-10-12}}</ref> with no implementation date set (as of Oct 2012).<ref>{{cite web |url=http://eapmigrationpanel.org/page40541.html |title=Belarus not ready for small border traffic agreement with Poland |publisher=Eapmigrationpanel.org |date=2012-10-18 |access-date=2013-10-12 |url-status=dead |archive-url=https://web.archive.org/web/20140422024104/http://eapmigrationpanel.org/page40541.html |archive-date=22 April 2014}}</ref> |
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In late 2009, Norway began issuing one-year multiple-entry visas, without the usual requirement of having family or a business partner in Norway, called Pomor-Visas, to [[Citizenship of Russia|Russians]] from [[Murmansk Oblast]], and later to those from [[Arkhangelsk Oblast]].<ref>{{Cite web|url=http://www.sikunews.com/|archive-url=https://web.archive.org/web/20100928075653/http://www.sikunews.com/News/International/Traffic-flows-from-Murmansk-to-Kirkenes-8033|url-status=dead|title=sikunews.com|archive-date=28 September 2010|website=www.sikunews.com}}</ref> Finland is not planning border permits, but has issued over one million regular visas for Russians in 2011, and many of them multiple-entry visas. The EU was planning to allow up to 5-year validity on multiple-entry visas for Russians.<ref>{{cite web|url=http://english.ruvr.ru/2011/06/03/51241897.html |title=5 years in Schengen for Russians |publisher=English.ruvr.ru |date=2011-06-03 |access-date=2013-10-12 |url-status=dead |archive-url=https://web.archive.org/web/20110609043150/http://english.ruvr.ru/2011/06/03/51241897.html |archive-date=9 June 2011}}</ref> |
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===ID checks at hotels and other places=== |
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There is also a similar system for local border traffic permits between [[Spain]] and [[Morocco]] regarding [[Ceuta]] and [[Melilla]]. This system is older and was included in the 1991 accession treaty of Spain to the Schengen Area.<ref name="AccessionSpain"/> In this case there are identity checks for anyone travelling to other parts of the Schengen Area (possible by boat and air only). Such checks are not the rule for other local border traffic zones. |
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According to the Schengen rules, hotels and other types of commercial accommodation must register all foreign citizens, including citizens of other Schengen states, by requiring the completion of a registration form by their own hand. This does not apply to accompanying spouses and minor children or members of travel groups. In addition, a valid identification document has to be produced to the hotel manager or staff.<ref>Article 45 of the ''Schengen II'' Convention.</ref> The Schengen rules do not require any other procedures; thus, the Schengen states are free to regulate further details on the content of the registration forms, and identity documents which are to be produced, and may also require the persons exempted from registration by Schengen laws to be registered. Enforcement of these rules varies by country. |
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=== |
===Western Balkan states=== |
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{{EUWESTBALKANS}} |
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Citizens of Albania, Bosnia and Herzegovina, Montenegro, North Macedonia, and Serbia can enter the Schengen Area without a visa. On 30 November 2009, the EU Council of Ministers for Interior and Justice abolished visa requirements for citizens of Montenegro, North Macedonia, and Serbia,<ref>{{cite web|url=http://www.b92.net/eng/news/politics-article.php?yyyy=2009&mm=11&dd=30&nav_id=63395 |title=EU lifts visa restrictions for Serbia |date=30 November 2009 |access-date=30 November 2009 |url-status=dead |archive-url=https://web.archive.org/web/20091203073930/http://www.b92.net/eng/news/politics-article.php?yyyy=2009&mm=11&dd=30&nav_id=63395 |archive-date=3 December 2009}}</ref> while on 8 November 2010 it did the same for Albania and Bosnia and Herzegovina.<ref>{{cite web|url=http://www.alertnet.org/thenews/newsdesk/LDE6A70RO.htm|title=EU lifts visa rules for Bosnia, Albania|date=8 November 2010|access-date=8 November 2010|archive-date=11 November 2010|archive-url=https://web.archive.org/web/20101111023341/http://www.alertnet.org/thenews/newsdesk/LDE6A70RO.htm|url-status=dead}}</ref> The former took effect on 19 December 2009,<ref name="visa regulations"/> and the latter on 15 December 2010.<ref>Regulation (EU) No 1091/2010 of the European Parliament and of the Council of 24 November 2010 amending Council Regulation (EC) No 539/2001 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 ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32010R1091 OJ L 329, 14 December 2010, p. 1])</ref> |
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While border controls serve the purpose of checking whether a person meets the entry and exit requirements, a customs control relates to the goods that are transported across a border. While the EU (and preceding Communities) always enjoyed the exclusive competence of regulating customs procedures, the ''Schengen II'' Convention was originally drafted as an international treaty outside the scope of the EU. Thus, the contracting states had to find a solution for the abolition of customs controls without being competent for regulating this matter. To this end, Article 120 of the ''Schengen II'' Convention provides that the contracting parties are to ensure that controls of goods "do not unjustifiably impede the movement of goods at internal borders". The parties are to facilitate the movement of goods across internal borders by providing for clearance of goods when they were cleared through customs for home use. Although the clearance could, according to the Convention, be conducted either within the country or at an internal border, the Schengen states encourage customs clearance within their respective territories. As far as such simplifications could not be achieved, the Schengen states bound themselves to agree on an alteration of existing rules either amongst themselves or within the framework of the European Community.<ref>Article 120 of the [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> |
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Visa liberalisation negotiations between the EU and the [[Western Balkans]] (excluding Kosovo) were launched in the first half of 2008, and ended in 2009 (for Montenegro, North Macedonia, and Serbia) and 2010 (for Albania and Bosnia and Herzegovina). Before visas were fully abolished, the Western Balkan countries (Albania, Bosnia and Herzegovina, Montenegro, North Macedonia, and Serbia) had signed "visa facilitation agreements" with the Schengen states in 2008. The visa facilitation agreements were, at the time, supposed to shorten waiting periods, lower visa fees (including free visas for certain categories of travellers), and reduce paperwork. In practice, however, the new procedures turned out to be longer, more cumbersome, more expensive, and many people complained that it was easier to obtain visas before the facilitation agreements entered into force.<ref>{{cite web|url=http://www.novosti.rs/vesti/naslovna/aktuelno.69.html:209867-Nevidljivi-Sengen-popust|title=Nevidljivi Šengen popust|language=sr|date=3 February 2008}}</ref><ref>{{cite web|url=http://www.nezavisne.com/komentari/nezavisnistav/Vizne-olaksice-32938.html|title=Vizne olakšice|language=sr|date=22 November 2008}}</ref><ref>{{cite web|url=http://www.dw-world.de/dw/article/0,,3834057,00.html|title=Nevolje sa vizama |language=bs|date=28 November 2008}}</ref> |
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The [[European Union]] has abolished not only customs controls, but also other procedures for the administrative processing of goods at internal borders, e.g. for internal taxation, leaving no checks at the borders between EU states. |
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The European Commission launched a visa liberalisation dialogue with Kosovo on 19 January 2012. In June 2012, the Commission handed over a roadmap on visa liberalisation to the Kosovo authorities, which identified the legislation and institutional measures that Kosovo needed to adopt and implement to advance towards visa liberalisation. On 4 May 2016, the [[European Commission]] proposed visa-free travel for the citizens of [[Kosovo]]. The European Commission has proposed to the Council of the European Union and the European Parliament to lift the visa requirements for the people of Kosovo by transferring Kosovo to the visa-free list for short-stays in the Schengen Area. The EU approved the visa exemption for nationals of Kosovo, effective from 1 January 2024. |
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At borders between the [[European Union Value Added Tax Area]] and those zones of the EU that lie outside it, the presence of customs authorities is permitted. Customs are also present in connection with travel within one single member state, if a part of that state is located outside the EU common customs area e.g. between [[Heligoland]] and mainland Germany. However, the presence of customs authorities at such borders would not mean that persons and goods passing the borders may be checked beyond the scope of spot checks, or on the basis of available intelligence, and such checks have to be non-systematic in order to comply with the Schengen Borders Code. |
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==Police and judicial co-operation== |
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With respect to travel between EU members where one is non-Schengen, there are identity (passport) checks, but no customs checks; this applies, for instance, between Ireland or the U.K. and mainland Europe. However, see "[[Booze cruise]]". |
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[[File:GNR Mitsubishi Outlander.jpg|thumb|Spanish and Portuguese police vehicles at the Spain-Portugal police co-operation centre (Spanish: ''Comisaría Conjunta Hispano-Lusa''; Portuguese: ''Centro de Cooperação Policial'') in [[Tui, Pontevedra|Tui]] on the [[Portugal–Spain border]]]] |
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To counter the potentially aggravating effects of the abolition of border controls on undocumented immigration and cross-border crime, the Schengen ''acquis'' contains compensatory police and judicial measures.<ref name="EC-Schengen">{{cite web |title=The Schengen area and cooperation |publisher=European Commission |url=http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_of_persons_asylum_immigration/l33020_en.htm |access-date=9 February 2013}}</ref> Chief among these is the [[Schengen Information System]] (SIS),<ref name="EC-Schengen"/> a database operated by all EU and Schengen states and which by January 2010 contained in excess of 30 million entries and by January 2014 contained in excess of 50 million entries, according to a document published in June 2015 by the [[Council of the European Union]].<ref name="consilium.europa.eu">{{cite book|url=https://doi.org/10.2860/56411 |title='Schengen', June 2015, General Secretariat for the Council of the European Union|year=2015|doi=10.2860/56411|author1=Council of the European Union. General Secretariat of the Council|publisher=Publications Office|isbn=9789282446683}}</ref> Around 1 million of the entries relate to persons, 72% of which were not allowed to enter and stay in the Schengen Area. Only 7% of persons listed on the SIS database were [[missing persons]]. |
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The vast majority of data entries on the SIS, around 49 million, concern lost or stolen objects. The European Council reports that in 2013 an average of 43 stolen vehicles a day were detected by authorities using the SIS database.<ref name="consilium.europa.eu"/> |
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Since the customs forces form the ''financial police'' of a state, some countries allow their such authorities to conduct routine inland checks on persons, vehicles, and goods, e.g. to detect untaxed goods, illegal workers, or persons abusing social benefits. |
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A list of EU authorities with access to SIS is published annually in the [[Official Journal of the European Union]]. As at 24 June 2015, 235 authorities can use the SIS database.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52015XC0624(01)|title=List of competent authorities which are authorised to search directly the data contained in the second generation Schengen Information System pursuant to Article 31(8) of Regulation (EC) No 1987/2006 of the European Parliament and of the Council and Article 46(8) of Council Decision 2007/533/JHA on the establishment, operation and use of the second generation Schengen Information System|date=1 January 2015}}</ref> The SIS database is operationally managed by [[eu-LISA]].<ref>{{Cite web|url=https://www.eulisa.europa.eu/AboutUs/WhoWeAre/Pages/default.aspx|title=Pages - Who We Are|website=www.eulisa.europa.eu}}</ref> |
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====Norway and Iceland==== |
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The Schengen Agreement also allows police officers from one participating state to follow suspects across borders both in [[hot pursuit]]<ref name="BBC-Schengen">{{cite web|title=Q&A: Schengen Agreement|date=12 March 2012 |publisher=BBC|url=https://www.bbc.co.uk/news/world-europe-13194723 |access-date=9 February 2013}}</ref> and to continue observation operations, and for enhanced mutual assistance in criminal matters.<ref>Title III, Chapter 2 of the Schengen Convention.</ref> |
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[[Norway]] and [[Iceland]] are the only two states that have fully implemented the Schengen agreements but are not members of the EU. (Switzerland will be the third such state in March 2009 when it is expected to implement air travel changes; surface travel changes were implemented on 12 December 2008.<ref>http://www.swissinfo.ch/eng/specials/switzerland_schengen/Schengen_is_no_major_upset_for_border_guards.html?siteSect=23461&sid=10038895&cKey=1228899600000&ty=st</ref>) Even though they belong to the [[European Economic Area]], some administrative handling of goods imported from the EU may still be required at their borders. Private persons are only allowed to bring small amounts of goods and alcohol over the border tax-free whereas within the EU, any amount of goods and alcohol meant for personal use may be taken tax-free across borders. |
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The Schengen Convention also contained measures intended to streamline extradition between participating countries however these have now been subsumed into the [[European Arrest Warrant]] system.<ref>Originally contained in Articles 59 to 66 of the Schengen Convention.</ref> |
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Thus, the original provisions of the ''Schengen II'' Convention which regulate controls of goods originally could not be — and were not — set into force with relation to Norway and Iceland.<ref>Cf. the exemption of the application of Articles 2 (4) and 120 to 125 according to Annex A of the [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:21999A0710(02):EN:HTML Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis - Final Act].</ref> |
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==Legal basis== |
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However, the ''Schengen Borders Code'', which became law after the association of Norway and Iceland, provides that any police measures at the border may not "have an effect equivalent to border checks". Checks are permitted when they do not have border control as an objective, are based on general police information and experience regarding possible threats, are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders, or if they are carried out on the basis of spot-checks.<ref>Article 21 of the {{cite web|url=http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_105/l_10520060413en00010032.pdf|title=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)|language=[[English language|English]]|date=2006-04-13 |accessdate=2008-01-24|format=PDF}}.</ref> Since a border check is defined as any check carried out at border crossing point, to ensure that persons, including their means of transport and the objects in their possession, may be authorised to enter or leave the territory,<ref>Article 2 No. 10 of the {{cite web|url=http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_105/l_10520060413en00010032.pdf|title=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)|language=[[English language|English]]|date=2006-04-13 |accessdate=2008-01-15|format=PDF}}.</ref> ''routine'' custom controls are not permissible at internal Schengen borders. The Schengen Borders Code does not provide for any exemption of its scope of application in relation to [[Norway]] and [[Iceland]], and is expressly applicable to those two countries. |
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{{see also|Schengen acquis}} |
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===Provisions in the treaties of the European Union=== |
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Notwithstanding this, the authorities of [[Iceland]] are of the opinion that they may enforce the same level of customs procedures towards all travellers entering and leaving the country, as the country is not a part of the EU [[customs union]].<ref>[http://www.airport.is/english/menu/before_departure/passport_control/ 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.''”</ref> |
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The legal basis for Schengen in the [[treaties of the European Union]] has been inserted in the [[Treaty establishing the European Community]] through Article 2, point 15 of the [[Treaty of Amsterdam]]. This inserted a new title named "Visas, asylum, immigration and other policies related to free movement of persons" into the treaty, currently numbered as Title IV, and comprising articles 61 to 69.<ref>Article 2(15) of the Amsterdam Treaty ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:11997D/TXT OJ C 340, 10 November 1997]). {{webarchive |url=https://web.archive.org/web/20100324144736/https://eur-lex.europa.eu/en/treaties/dat/11997D/htm/11997D.html |date=24 March 2010 }}</ref> The [[Treaty of Lisbon]] substantially amends the provisions of the articles in the title, renames the title to "[[Area of freedom, security and justice]]" and divides it into five chapters, called "General provisions", "Policies on border checks, asylum and immigration", "Judicial cooperation in civil matters", "Judicial cooperation in criminal matters", and "Police cooperation".<ref>Article 2(63) to (68) of the Lisbon Treaty ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:12007L/TXT OJ C 306, 17 December 2007, p. 57]).</ref> |
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===The Schengen Agreement and the Schengen Convention=== |
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====Sweden and Finland==== |
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The Schengen Area originally had its legal basis outside the then European Economic Community, having been established by a sub-set of member states of the Community using two international agreements: |
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* The 1985 '''[[Schengen Agreement]]''' – 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. |
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* The 1990 '''[[s:Convention implementing the Schengen Agreement|Schengen Convention]]''' – Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders. |
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On being incorporated into the main body of [[European Union law]] by the [[Amsterdam Treaty]], the Schengen Agreement and Convention were published in the [[Official Journal of the European Communities]] by a decision of the Council of Ministers.<ref>Council Decision (1999/435/EC) 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'' ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31999D0435:EN:NOT OJ L 176, 10 July 1999, p. 1]).</ref> As a result, the Agreement and Convention can be amended by [[regulation (European Union)|regulations]]. |
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[[Sweden]] and [[Finland]], members of the EU and of the Schengen area, still maintain some customs checks in order to control the smuggling of [[drugs]] and [[alcohol]]. In accordance with the Schengen Borders Code, this is permissible, as long as cars are only stopped when a suspicion of smuggling has been established.<ref>Cf. Article 21 of the [http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_105/l_10520060413en00010032.pdf 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.</ref> However, since vehicles have to stop at the toll plaza at the Swedish end of the [[Oresund Bridge]] from [[Copenhagen]], cars are able to be checked and drivers questioned by the customs officials at will. |
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== |
==See also== |
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{{Portal|European Union|Europe}} |
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[[Switzerland]], which belongs neither to the EU nor to the [[European Economic Area]], has been associated to the Schengen area and began implementing Schengen rules on 12 December 2008.<ref name="Swiss accession">{{cite web |url=http://www.swissinfo.ch/eng/news_digest/Switzerland_links_up_to_European_police_files.html?siteSect=104&sid=9482144 |title=Switzerland links up to European police files |date=2008-08-11 |accessdate=2008-09-07 }}.</ref> Initially border identity checks for travellers have been lifted only for land borders while for air travellers, the controls will be lifted on 29 March 2009, subject to certain conditions. |
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* {{Annotated link |Open Balkan}} |
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Similar to the arrangements made between the EU, Norway, and Iceland, the accession agreement concluded between the EU and Switzerland provides for an exemption of the application of the rules concerning controls of goods at borders.<ref>In particular, the application of Articles 2 (4) and 120 to 125 of the ''Schengen II'' Convention is exempted from application in Switzerland according to Annex A Part 1 of the {{cite web|url=http://register.consilium.europa.eu/pdf/en/04/st13/st13054.en04.pdf |title=Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis |language=[[English language|English]] |date=2004-10-25 |accessdate=2008-01-23 |work=consilium.europa.eu|format=PDF}}.</ref> However, the much stricter provisions in the Schengen Borders Code providing for the abolition of internal border checks do not contain any exemption with respect to Switzerland. The Swiss [[Border Guard Corps]] are of the opinion that they will not be entitled to perform systematic customs or other checks on persons for the mere reason that they cross the border; once the Schengen rules have been implemented in Switzerland, they are planning to continue to perform spot-checks, which are based on risk analysis of the authorities.<ref>{{cite web|url=http://www.efd.admin.ch/dokumentation/medieninformationen/archiv/03449/index.html?lang=de|title=Schengen-Abkommen: Auswirkungen auf die Kontrollen an der Schweizer Grenze |language=[[German language|German]] |publisher=Swiss Federal Department of Finance|date=2004-06-21 |accessdate=2008-01-23 |work=admin.ch}}.</ref> |
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* {{Annotated link |Central America-4 Border Control Agreement}} |
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* {{Annotated link |Common Travel Area}} |
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*{{Annotated link|eu-LISA}} |
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* {{Annotated link |2015 European migrant crisis}} |
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* {{Annotated link |FADO}} |
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* {{Annotated link |Mechanism for Cooperation and Verification}} |
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* {{Annotated link |Nordic Passport Union}} |
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* {{Annotated link |Prüm Convention}} |
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* {{Annotated link |Public Register of Travel and Identity Documents Online}} |
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* {{Annotated link |Trans-Tasman Travel Arrangement}} |
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==Notes== |
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====Liechtenstein==== |
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{{Reflist|group=lower-alpha}} |
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[[Liechtenstein]] signed a Schengen-related association with the European Union on 28 February 2008.<ref>[http://www.liechtenstein.li/eliechtenstein_main_sites/portal_fuerstentum_liechtenstein/fl-med-medien/fl-med-pressemitteilungen.htm?&show=15&pmid=107734 Portal des Fürstentums Liechtenstein - - Medien / Presse - Pressemeldungen<!-- Bot generated title -->]</ref><ref>[http://www.liechtenstein.li/eliechtenstein_main_sites/portal_fuerstentum_liechtenstein/fl-med-medien/fl-med-pressemitteilungen.htm?&show=15&pmid=107718 Portal des Fürstentums Liechtenstein - - Medien / Presse - Pressemeldungen<!-- Bot generated title -->]</ref> Liechtenstein is expected to join the Schengen Area on 1 November 2009. Until then, its borders with Austria and Switzerland are considered Schengen-external borders. Unlike Switzerland, Liechtenstein belongs to the European Economic Area. |
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==References== |
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The country has had an open border with Switzerland since 1923 but with Switzerland becoming part of the Schengen open border area on 12 December 2008, Liechtenstein's border with Switzerland became a Schengen-external border requiring border checks. For Switzerland, its open border with Liechtenstein was an important issue as some EU states wanted to use the Schengen enlargement to pressure Liechtenstein regarding fraud issues.<ref>{{cite web |url=http://www.nzz.ch/nachrichten/international/schweiz_schengen_blocher_1.557172.html |title=Schweiz soll ab 1. November 2008 bei Schengen dabei sein |work=NZZ.ch |language=[[German language|German]] |date=2007-09-19 |accessdate=2007-10-22}}</ref> Swiss customs and border guards have already been manning Liechtenstein's border crossing with Austria at [[Schaanwald]]-[[Tisis, Austria|Tisis]], effectively treating Liechtenstein as internal to Switzerland.{{Fact|date=December 2008}} |
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{{Reflist|30em}} |
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==External links== |
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Until Liechtenstein becomes part of the Schengen Area in late 2009, an interim arrangement was reached for the Liechtenstein-Swiss border.<ref>{{cite web|url=http://www.liechtenstein.li/en/fl-portal-aktuell?newsid=16565 |title=Pragmatic interim solution before joining Schengen |language= |publisher=Government Spokesperson's Office|date=2008-11-18 |accessdate=2008-12-14 |work=}}</ref> Instead of on-site immigration and customs checkpoints, all roads into Switzerland from the principality will be subject to video surveillance. This would enable the border to remain open. The Austria-Liechtenstein border crossing at Schaanwald-Tisis would still be manned by Swiss customs and border guards but its operating hours would be expanded to 24 hours. |
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{{Commons category multi|Internal Schengen borders|Schengen zone passport stamps}} |
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{{Wikivoyage|Travelling around the Schengen Area}} |
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* [http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/index_en.htm Schengen, Borders & Visas], [https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/visa-policy_en Visa policy] (europa.eu) |
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* [http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/border-crossing/schengen_calculator_en.html Calculator of travel days remaining under a Schengen short-stay visa] (ec.europa.eu) Retrieved 2 March 2014. |
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* {{cite web |url=http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_of_persons_asylum_immigration/l33020_en.htm |title=The Schengen area and cooperation |work=europa.eu |date=3 August 2009|access-date=11 September 2011}} |
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* The Schengen Agreement and the Schengen Convention |
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** 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 ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:42000A0922(02):EN:NOT OJ L 239, 22 September 2000, p. 19]). ([[s:Convention implementing the Schengen Agreement|Consolidated version]]). |
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** 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 ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:42000A0922(01):EN:NOT OJ L 239, 22 September 2000, p. 13]). |
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* European Union regulations |
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** 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) ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R0562:EN:NOT OJ L 105, 13 April 2006, p. 1]). |
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** 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 ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001R0539:EN:NOT OJ L 81, 21 March 2001, p. 1]). |
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** 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 ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32003R0693:EN:NOT OJ L 99, 17 April 2003, p. 8]). |
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** Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31995R1683:EN:NOT OJ L 164, 14 July 1995, p. 1]). |
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** Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32009R0810:EN:NOT OJ L 243, 15 September 2009, p. 1]). |
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** 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) ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32006R1987 OJ L 381, 28 December 2006, p. 4]). |
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** Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime ([https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32008D0615:EN:NOT OJ L 210, 6 August 2008, p. 1]). |
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** Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) ([https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32016R0399 EUR-Lex - 32016R0399 - EN - EUR-Lex]) |
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{{Visa policies in the European Union}} |
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Liechtenstein does not have any airports and its government has issued a prohibition of takeoffs and landings at the [[Balzers]] Heliport with respect to non-Schengen countries to ensure that Liechtenstein has no Schengen external border and therefore does not represent an immigration risk for the Schengen area, even with open borders with Switzerland. |
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{{Europe topics (small)}} |
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{{Reach of the European Union|state=collapsed}} |
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{{European Border and Coast Guard}} |
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{{Authority control}} |
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[[Category:Schengen Area| ]] |
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==Footnotes== |
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[[Category:1995 establishments in Europe]] |
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<references/> |
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[[Category:Expedited border crossing schemes]] |
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[[Category:International border crossings]] |
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[[Category:International travel documents]] |
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[[Category:Law enforcement in Europe]] |
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[[Category:Multi-speed Europe]] |
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[[Category:Transport and the European Union]] |
Revision as of 10:37, 6 May 2024
Schengen Area | |
---|---|
Type | Open border area of the European Union |
Members | |
Establishment | 26 March 1995 |
Area | |
• Total | 4,595,131 km2 (1,774,190 sq mi) |
Population | |
• 2021 estimate | 453,324,255 |
• Density | 98.7/km2 (255.6/sq mi) |
GDP (PPP) | 2023 estimate |
• Total | $25.926 trillion[1] |
• Per capita | $56,997 |
GDP (nominal) | 2023 estimate |
• Total | $19.213 trillion[1] |
• Per capita | $42,237 |
This article is part of a series on |
European Union portal |
The Schengen Area (English: /ˈʃɛŋən/ SHENG-ən, Luxembourgish: [ˈʃæŋən] ) is an area encompassing 29 European countries that have officially abolished border controls at their mutual borders. Being an element within the wider area of freedom, security and justice policy of the European Union (EU), it mostly functions as a single jurisdiction under a common visa policy for international travel purposes. The area is named after the 1985 Schengen Agreement and the 1990 Schengen Convention, both signed in Schengen, Luxembourg.
Of the 27 EU member states, 25 are part of the Schengen Area. Bulgaria and Romania, the newest members having joined on 31 March 2024, only have air and maritime borders open, with land border controls remaining in place pending agreement to lift them. The only EU member states that are not part of the Schengen Area are Cyprus and Ireland. Cyprus is legally obliged to join in the future, while Ireland maintains an opt-out and operates its own visa policy.
In addition to the member states of the European Union, all member states of the European Free Trade Association, namely Iceland, Liechtenstein, Norway and Switzerland, have signed association agreements with the EU to be part of the Schengen Area. Moreover, three microstates, Monaco, San Marino and Vatican City, are de facto members of the Schengen Area due to their size and impossibility of maintaining active border controls.[2]
The Schengen Area has a population of more than 450 million people and an area of 4,595,131 square kilometres (1,774,190 sq mi). About 1.7 million people commute to work across an internal European border each day, and in some regions these people constitute up to a third of the workforce. In 2015, there were 1.3 billion crossings of Schengen borders in total. Fifty-seven million crossings were due to transport of goods by road, with a value of €2.8 trillion.[3][4][5] The decrease in the cost of trade due to Schengen varies from 0.42% to 1.59% depending on geography, trade partners, and other factors. Countries outside of the Schengen Area also benefit.[6] States in the Schengen Area have strengthened border controls with non-Schengen countries.[7]
History
European borders prior to Schengen
Before the First World War, most countries of the world, including Europe, had lax border policies, facilitating such educational trips as the Grand Tour amongst the upper classes.
Visas became commonplace during the interwar period, as did border controls. After the Second World War, however, customs unions arose between various European countries. The Nordic countries allowed free movement and residence between them in 1954, and the countries of Benelux abolished their mutual borders in 1960. This reflected a greater trend towards European integration; the European Communities (EC), the predecessor of the EU, was established in the 1950s for economic cooperation.
Schengen Agreement
The Schengen Agreement was signed on 14 June 1985 by five of the ten EC member states[8] in the town of Schengen, Luxembourg. The Schengen Area was established separately from the European Communities, when consensus could not be reached among all EC member states on the abolition of border controls.
The Agreement was supplemented in 1990 by the Schengen Convention, which proposed the abolition of internal border controls and a common visa policy.[9] The Agreements and the rules adopted under them were entirely separate from the EC structures, and led to the creation of the Schengen Area on 26 March 1995.[10]
As more EU member states signed the Schengen Agreement, consensus was reached on absorbing it into the procedures of the EU. The Agreement and its related conventions were incorporated into the mainstream of European Union law by the Amsterdam Treaty in 1997, which came into effect in 1999. A consequence of the Agreement being part of European law is that any amendment or regulation is made within its processes, in which the non-EU members are not participants.
The UK, the Crown Dependencies, and the Republic of Ireland have operated a Common Travel Area (CTA) since 1923 (with passport-free travel and freedom of movement with each other), but the UK would not abolish border controls with any other countries and therefore opted out of the Agreement. While not signing the Schengen Treaty, the Republic of Ireland has always looked more favourably on joining, but has not done so in order to maintain the CTA and its open border with Northern Ireland.[11]
Common Schengen Visa Policy
The common visa policy allows nationals of certain countries to enter the Schengen Area via air, land or sea without a visa for stays of up to 90 days within a 180-day period. Nationals of certain other countries are required to have a visa either upon arrival or in transit.
Accession of Bulgaria and Romania
Bulgaria and Romania are the most recent states to join the Schengen Area, with air and maritime controls between the two countries and the rest of the Schengen area lifted on 31 March 2024.[12][13] This came after years-long opposition from other EU member states.[which?][citation needed]
While Bulgaria and Romania, which joined the EU on 1 January 2007, were legally bound to join the Schengen Area, implementation had been delayed. On 15 October 2010, Bulgaria and Romania joined SIS II for law enforcement cooperation.[14] On 9 June 2011, the Council of Ministers concluded that the evaluation process had been completed successfully and that the two countries fulfilled all technical accession criteria.[13] Bulgaria's and Romania's bids to join the Schengen Area were approved by the European Parliament in June 2011[15] but rejected by the Council of Ministers in September 2011, with the Dutch and Finnish governments citing concerns about shortcomings in anti-corruption measures and in the fight against organised crime.[16][17] Although the original plan was for the Schengen Area to open its air and sea borders with Bulgaria and Romania by March 2012, and its land borders by July 2012,[17] continued opposition from Germany, Finland and the Netherlands has delayed the two countries' entry to the Schengen Area.[18][19] On 4 October 2017, the European Parliament voted for access of Bulgaria and Romania to the Schengen Information System,[20] on which they gained full access on 1 August 2018.[21] Moreover, "the final political decision whether the two countries can become part of the Schengen Area and stop systematic border checks with neighbouring EU countries must be taken unanimously by all sides of the European Council."[20] On 11 December 2018, the European Parliament voted for the resolution in favour of accepting both countries, requiring the Council of the European Union to "act swiftly" on the matter.[22][23] On 3 March 2022, Romanian MEP Eugen Tomac officially requested an answer through a parliamentary question regarding "what obstacles remain in the path of Romanian accession to the Schengen area 15 years after joining the EU" as fulfilment of the accession criteria was recognised on 9 June 2011.[24]
A second attempt for Romania's accession to Schengen was to be established in the Justice and Home Affairs Council from 8–9 December 2022, with the EC announcing the topics on the agenda of the meeting,[25] which failed following opposition by Austria,[26] as officials considered Bulgaria and Romania to be a transit route for most immigrants to the country.[27] Romania disputes that assessment,[28] and had unsuccessfully attempted to convince the Austrian government to vote for Romania's accession to Schengen.[29] Despite having declared support for Romania, the Netherlands also voted against due to its opposition for the accession of Bulgaria.[26]
In Romania, the Austrian veto caused strong indignation. As a result of the veto, relations between the two states were reduced following the withdrawal of Romania's ambassador to Austria from Vienna.[30] A boycott against Austria by Romanian companies, entrepreneurs, museums and universities also began,[31] and anti-Austrian inscriptions also appeared in branches of Austrian banks in Romania.[32]
According to Euractiv, European institutions prepared to admit Bulgaria and Romania in the Schengen Area in 2023, with border control-free travel by air planned for October 2023, followed by the abolition of land border controls by 1 January 2024.[33] In a resolution, which members of the European Parliament called on the Council to approve Romania and Bulgaria’s accession to the Schengen free-travel area by the end of 2023, adopted on 12 July with 526 votes in favour, 57 votes against, and 42 abstaining, Parliament stresses that "both countries have already fulfilled the necessary requirements to be admitted into Schengen".[34] However, in September 2023 Austria reiterated its objection to admitting the countries to the Schengen Area.[35] In response, Romania threatened to challenge Austria's veto at the European Court of Justice to claim financial compensation.[36]
On 30 December 2023, an agreement was reached for Bulgaria and Romania to join the Schengen Area for air and sea travel on 31 March 2024,[37][38] with land borders to be discussed later that year.[12] Lifting air and sea borders is less controversial from refugee control perspective, because operators can be demanded to check identity documents before boarding, which is since long time common for routes inside the Schengen area, for example from Schengen member Greece to other members.
Current members
The Schengen Area consists of 29 countries, including four which are not members of the European Union (EU). Two of the non-EU members – Iceland and Norway – are part of the Nordic Passport Union and are officially classified as states associated with the Schengen activities of the EU.[39] Switzerland was allowed to participate in the same manner in 2008, and Liechtenstein in 2011.
De facto, the Schengen Area also includes four European micro-states – Andorra, Monaco, San Marino, and the Vatican City – that maintain open or semi-open borders with other Schengen member countries.[40] Although Andorra’s agreements with France and Spain make it effectively part of Schengen,[41] this can be avoided by requesting entry and exit stamps at the border.[42]
One EU member state – Ireland – negotiated opt-outs from Schengen and continues to operate border controls with other EU member states, while at the same time being part of the open-border Common Travel Area with the United Kingdom (a former EU member that had held a similar opt-out) and the Crown Dependencies. The remaining EU member state – Cyprus – is obliged by its Treaties of Accession to join the Schengen Area eventually. However, before fully implementing the Schengen rules, the state must have its preparedness assessed in four areas: air borders, visas, police cooperation, and personal data protection. This evaluation process involves a questionnaire and visits by EU experts to selected institutions and workplaces in the country under assessment.[43]
Bulgaria and Romania, the newest members having joined on 31 March 2024, only have air and maritime borders open, with land border controls remaining in place pending agreement to lift them.
Summary table
State | Area (km2) |
Population[44][45] (2021) |
Date signed [Note 1] |
Date of first implementation [Note 2] |
---|---|---|---|---|
Austria | 83,871 | 8,922,082 | 28 April 1995[46] | 1 December 1997[47][48][Note 3] |
Belgium | 30,528 | 11,611,419 | 14 June 1985[49] | 26 March 1995[50] |
Bulgaria | 110,994 | 6,885,868 | 25 April 2005[51] | 31 March 2024[52][Note 4] |
Croatia | 56,594 | 4,060,135 | 9 December 2011[53] | 1 January 2023[54][55][Note 5] |
Czech Republic | 78,866 | 10,510,751 | 16 April 2003[56] | 21 December 2007[57][Note 6] |
Denmark (excluding Greenland and the Faroe Islands)[Note 7] |
43,094 | 5,854,240 | 19 December 1996[63] | 25 March 2001[64] |
Estonia | 45,338 | 1,328,701 | 16 April 2003[56] | 21 December 2007[57][Note 6] |
Finland (including Åland) |
338,145 | 5,535,992 | 19 December 1996[65] | 25 March 2001[64] |
France (excluding Overseas France)[Note 8] |
551,695 | 64,531,444 | 14 June 1985[49] | 26 March 1995[50] |
Germany[Note 9] (including Büsingen am Hochrhein)[67] |
357,022 | 83,408,554 | 14 June 1985[49] | 26 March 1995[50] |
Greece[Note 10][Note 11] | 131,990 | 10,445,365 | 6 November 1992[71] | 1 January 2000[72][Note 12] |
Hungary | 93,030 | 9,709,786 | 16 April 2003[56] | 21 December 2007[57][Note 6] |
Iceland[Note 13] | 103,000 | 370,335 | 19 December 1996[73] 18 May 1999[74][Note 14] |
25 March 2001[64] |
Italy | 301,318 | 59,240,329 | 27 November 1990[76] | 26 October 1997[48][77][Note 15] |
Latvia | 64,589 | 1,873,919 | 16 April 2003[56] | 21 December 2007[57][Note 6] |
Liechtenstein[Note 13] | 160 | 39,039 | 28 February 2008[78] | 19 December 2011[79] |
Lithuania | 65,300 | 2,786,651 | 16 April 2003[56] | 21 December 2007[57][Note 6] |
Luxembourg | 2,586 | 639,321 | 14 June 1985[49] | 26 March 1995[50] |
Malta | 316 | 526,748 | 16 April 2003[56] | 21 December 2007[57][Note 6] |
Netherlands (excluding Dutch Caribbean) |
41,526 | 17,501,696 | 14 June 1985[49] | 26 March 1995[50] |
Norway[Note 13] (excluding overseas territories and dependencies)[80] |
385,155 | 5,403,021 | 19 December 1996[73] 18 May 1999[74][Note 14] |
25 March 2001[64] |
Poland | 312,683 | 38,307,726 | 16 April 2003[56] | 21 December 2007[57][Note 6] |
Portugal (including Azores and Madeira) |
92,391 | 10,290,103 | 25 June 1991[81] | 26 March 1995[50] |
Romania |
238,391 | 19,328,560 | 25 April 2005[51] | 31 March 2024[52][Note 4] |
Slovakia | 49,037 | 5,447,622 | 16 April 2003[56] | 21 December 2007[57][Note 6] |
Slovenia | 20,273 | 2,119,410 | 16 April 2003[56] | 21 December 2007[57][Note 6] |
Spain (including Canary Islands) (special provisions for Ceuta and Melilla)[Note 16] |
505,990 | 47,486,935 | 25 June 1991[83][84] | 26 March 1995[50] |
Sweden | 449,964 | 10,467,097 | 19 December 1996[85] | 25 March 2001[64] |
Switzerland[Note 13] | 41,285 | 8,691,406 | 26 October 2004[86] | 12 December 2008[87][Note 17] |
Schengen Area | 4,595,131 | 453,234,255 | 14 June 1985[49] | 26 March 1995[50] |
State | Area (km2) |
Population[44][45] (2021) |
---|---|---|
Monaco | 2.02 | 36,686 |
San Marino | 61.2 | 33,745 |
Vatican City | 0.49 | 511 |
Notes
- ^ The original agreement, a subsequent protocol extending the agreement to the state, an agreement on accession to the EU, or agreement on association with the Schengen acquis.
- ^ Of the provisions related to the elimination of border controls. In some cases the provisions related to the Schengen Information System were applied earlier.
- ^ The elimination of border controls took place from 1 December 1997 to 31 March 1998.[47]
- ^ a b For air and sea borders; the date for ending land border controls is to be determined
- ^ For land and sea borders, 26 March 2023 for air borders
- ^ a b c d e f g h i For sea and land borders ; since 30 March 2008 also for air borders.[57][58]
- ^ Greenland and the Faroe Islands are not included in the Schengen Area. However, persons travelling between the Faroe Islands, Greenland and the Schengen Area are not subject to border checks.[59] The list of countries whose citizens require a visa for Greenland or the Faroe Islands is the same as for the Schengen Area,[60][61] but a Schengen visa will not allow the holder access to either territory, only a Danish visa stamped with either "Valid for the Faroe Islands" or "Valid for Greenland", or both.[62]
- ^ The overseas departments and collectivities of France are not part of the Schengen Area. However, when travelling by air from metropolitan France directly to French Guiana, Guadeloupe, Martinique, Mayotte and Réunion, border checks by the French Border Police only take place at the departure airport, not at the arrival airport (where passengers walk past the passport control booths, which will be unstaffed). This arrangement does not, however, apply to direct flights from other Schengen member states, such as the past Charleroi-Guadeloupe and Charleroi-Martinique flights by Air Belgium. On the other hand, passengers flying from French Guiana, Guadeloupe, Martinique, Mayotte and Réunion directly to metropolitan France have to undergo border checks by the French Border Police both on departure and on arrival (an arrangement known as 'double contrôle').[66]
- ^ East Germany became part of the Federal Republic of Germany, joining Schengen, on 3 October 1990.
- ^ According to a legally non-binding declaration attached to the Greek accession agreement to the Schengen convention,[68] the special status[69] according to the Greek constitution[70] of Mount Athos, has to be taken into account in the application and subsequent preparation of the Schengen acquis.
- ^ Currently Greece does not have internal land border within Schengen space. All internal border crossings are at the airports or at maritime ports
- ^ The elimination of border controls took place from 1 January to 26 March 2000.[72]
- ^ a b c d EFTA state, which is outside the EU, that is associated with the Schengen activities of the EU,[39] and where the Schengen rules apply.
- ^ a b A second agreement, which replaced the first, was signed with Iceland and Norway following the incorporation of the Schengen Agreement into EU law with the Treaty of Amsterdam of 1997.[75]
- ^ The elimination of border controls took place from 26 October 1997 to 31 March 1998.[77]
- ^ The full Schengen acquis applies to all Spanish territories, but there are border checks on departure from Ceuta and Melilla to Peninsular Spain or other Schengen countries, because of specific arrangements for visa exemptions for Moroccan nationals resident in the provinces of Tetuan and Nador.[82]
- ^ For sea and land borders; since 29 March 2009 also for air borders.[87]
Potential member states and EU territories outside the Schengen Area
Prospective members
The procedure to enter the Schengen Area is that European Commission evaluates certain criteria. These criteria include border control legislation, infrastructure and organisation, personal data protection, visas, deportations, police cooperation and more.[88] After a positive evaluation the Schengen members of the Council of the European Union decides unanimously together with the European Parliament to accept the new member.
Cyprus
Although Cyprus, which joined the EU on 1 May 2004, is legally bound to join the Schengen Area, implementation has been delayed because of the Cyprus dispute. According to former Cypriot Minister of Foreign Affairs Giorgos Lillikas, "strict and full control based on Schengen will create a huge tribulation on a daily basis for the Turkish Cypriots" of Northern Cyprus, and it is unclear if this control is possible before the resolution of the dispute.[89] The British Sovereign Base Areas of Akrotiri and Dhekelia, a British Overseas Territory which is outside the EU, also needs "other handling and mechanisms".[89] Akrotiri and Dhekelia has no border control to Cyprus, but has its own border control at its air base. As of 2018 no date has been fixed for implementation of the Schengen rules by Cyprus.[90] Cyprus has less potential benefit from an implementation of Schengen, for it has no land border with another EU member; air travel or around 12 hours of sea travel is needed to the nearest EU member.
In November 2019, Cyprus's Foreign Affairs Minister Nikos Christodoulides revealed that Cyprus formally began the process of joining the Schengen Area in September.[91] In July 2023, Cyprus joined the Schengen Information System (SIS) (participation in the SIS allows for cooperation on crime, immigration and other security-related matters within the Schengen Area).[92] In October 2023, the Commission was to "verify that the necessary conditions for the application of the Schengen acquis in the field of the Schengen Information System have been met".[93]
Gibraltar
As a result of Brexit, Gibraltar ceased to be part of the European Union on 31 January 2020, although for most purposes it was treated as part of it during the transition phase until 31 December 2020. Like the United Kingdom, it had not been part of the Schengen Area but, unlike the United Kingdom, Gibraltar had also been outside of the EU customs union.[94] Owing to a declaration lodged by the United Kingdom with the EEC in 1982, in view of the entry into force of the British Nationality Act 1981, Gibraltarians had been counted as British nationals for the purposes of Community law, and as such they had enjoyed full free movement within the European Economic Area and Switzerland.[95] During the Brexit transition period until 31 December 2020, Gibraltar was still for most purposes treated as an EU territory.
On 31 December 2020, the governments of Spain and of the United Kingdom (advised by the Government of Gibraltar) came to an agreement in principle on a framework for a UK-EU treaty on aspects of Gibraltar's future relationship with the European Union.[96] Both Spain and the Head of the UK Mission to the European Union subsequently indicated with the European Commission their desire that such an agreement be negotiated and that the EU should seek a mandate for that purpose.[97]
Chief Minister of Gibraltar Fabian Picardo stated that he anticipates that the arrangement, which will apply for an initial period of four years, will make Gibraltar's port and airport entry points to the Schengen Area. These entry points will be managed by a Frontex operation. Spain, as the neighbouring Schengen member state, will be responsible as regards the European Union for the implementation of the Schengen acquis. Residents of Gibraltar, regardless of their nationality, are anticipated to enjoy maximised and unrestricted mobility to the Schengen Area.[98][97] UK citizens who are not residents of Gibraltar will be subjected to third-country national checks when they enter Gibraltar through the Gibraltar port or airport.[99] It is anticipated that the third-country national check will entail two controls, one by Gibraltar's Borders and Coastguard Agency, giving entry into Gibraltar, and one by Frontex, giving entry into the Schengen Area. Picardo likened this arrangement to the juxtaposed controls at Eurostar stations, although he admitted the situation there is slightly different.[100]
On 31 December 2020, Spain's foreign minister, Arancha González Laya said that she anticipated that it would take about six months to negotiate and conclude a treaty but that in the meantime Spain would work to ensure that mobility at the border would be "as fluid as possible".[96]
Apart from the unrestricted mobility of persons, the negotiations will also seek to address maximised and unrestricted mobility of goods between Gibraltar and the European Union, and consider matters related to the environment, the level playing field, social security coordination, citizens’ rights, data, and matters related to continued document recognition.[97]
On 6 October 2021, the EU agreed to open formal negotiations with UK anticipating an agreement on Gibraltar, and negotiations started soon after.[101] They were ongoing as of February 2022; hopes were they would finish during spring 2022.[102] As of December 2022, negotiations were continuing,[103] but appeared to be deadlocked over policing of passport control at Gibraltar airport.[104]
Summary table
State/territory | Area (km2) | Population (2021)[44][45] | EU accession [Note 1] |
Target date [Note 2] |
Obstacles |
---|---|---|---|---|---|
Cyprus | 9,251 | 1,244,188 | 1 May 2004[56] | 2024[105][106] | Cease Fire line, caused by Cyprus conflict.[107] |
Gibraltar (United Kingdom) |
6.8[c] | 32,669 | n/a[Note 3] | No date set | EU and UK to negotiate a treaty or other arrangement for application in Gibraltar, based on the agreement reached between the UK and Spain on 31 December 2020.[109][110] Gibraltar is not a sovereign state, so in international law the UK acts on behalf of Gibraltar. |
Notes
- ^ Agreement on accession to the EU
- ^ Desired timeline of joining state for Council decision
- ^ Application of Schengen rules in Gibraltar is not to be conditional on joining the EU. The UK (and thus Gibraltar) was a member of the EU (but not Schengen) from 1 January 1973 to 31 January 2020.
Territories of Schengen states outside the Area
There are territories of Schengen member states that are exempted from the Schengen Agreement. The only areas of Schengen member states located in Europe but excluded are the Faroe Islands and Svalbard.
French territories
The French overseas departments of French Guiana, Guadeloupe, Martinique, Mayotte and Réunion, and the overseas collectivity of Saint Martin are part of the European Union but do not form part of the Schengen Area; so one cannot travel there with a French Schengen Visa. The freedom of movement provisions of the EU apply, but each territory operates its own visa regime for non-European Economic Area (EEA), non-Swiss nationals. While a visa valid for one of these territories will be valid for all, visa exemption lists differ.[111] A Schengen visa, even one issued by France, is not valid for these territories. A visa for Sint Maarten (which is valid for travelling to the Dutch side of the island of Saint Martin) is also valid for the French side.[112] France also has several territories which are neither part of the EU nor the Schengen Area.[113] These are: French Polynesia, French Southern and Antarctic Lands, New Caledonia, Saint Barthélemy, Saint-Pierre and Miquelon, and Wallis and Futuna.
Dutch territories
Only the Netherlands' European territory is part of the Schengen Area. Six Dutch territories in the Caribbean are outside the Area. Three of these territories – Bonaire, Sint Eustatius and Saba (collectively known as the BES islands) – are special municipalities within the Netherlands proper. The other three – Aruba, Curaçao and Sint Maarten – are autonomous countries within the Kingdom of the Netherlands. All islands retain their status as Overseas countries and territories and are thus not part of the European Union. The six territories have a separate visa system from the European part of the Netherlands and people travelling between these islands and the Schengen Area are subjected to full border checks, with a passport being required even for EU/Schengen citizens, including Dutch (national ID cards are not accepted).[114]
Norwegian territories
Svalbard is part of Norway and has a special status under international law. It is not part of the Schengen Area. There is no visa regime in existence for Svalbard either for entry, residence or work,[115] but it is difficult to visit Svalbard without travelling through the Schengen Area,[115] although there are charter flights from Russia. Since 2011, the Norwegian government has imposed systematic border checks on individuals wishing to enter and leave Svalbard, requiring a passport or national identity card for non-Norwegian citizens. As a result, the border between Svalbard and the rest of Norway is largely treated like any other external Schengen border.[116][need quotation to verify] A Schengen visa must be multiple entry to allow returning to Norway.[117] There is no welfare or asylum system for immigrants on Svalbard, and people incapable of supporting themselves may be sent away.[117]
Danish territories
The Danish territories of the Faroe Islands and Greenland are neither part of the European Union nor part of the Schengen Area, and visas to Denmark are not automatically valid in these territories. However, both of these territories lack border controls on arrivals from the Schengen Area, and the air or sea carriers are responsible for carrying out document checks before boarding, as is common for travel inside the Schengen Area. Citizens of EU/EFTA countries can travel to the Faroes and back using a passport or a national ID card[118] and to Greenland using a passport only,[119] while citizens of Denmark, Finland, Iceland, Norway or Sweden can use any acceptable identification (such as driving licences or bank ID cards; although this is advised against since aircraft might be diverted to Scotland in bad weather).[118][119]
EU member states and former EU member states with opt-outs
When EU states were negotiating subsuming the Schengen Agreement into the EU by the Treaty of Amsterdam, Ireland and the United Kingdom were the only member states that had not signed the Agreement. The UK did not want to join and Ireland wished to maintain its Common Travel Area with the United Kingdom and associated islands, an arrangement that would be incompatible with Schengen membership while the UK remained out. As a result, both negotiated an opt-out from the part of the treaty which was to incorporate the Schengen rules (or acquis) into EU Law when it came into effect on 1 May 1999.[120] Under the relevant protocol, either may request to participate in aspects of the Schengen acquis but this is subject to the approval of the Schengen states.[121]
On 31 January 2020, the United Kingdom withdrew from the European Union and the protocol ceased to apply to it. Ireland will continue to operate the Common Travel Area and not join the Schengen Area for the foreseeable future, because it wants to keep open its land border with the UK.[122]
In 1999, the UK formally requested participation in certain provisions of the Schengen acquis – Title III relating to Police Security and Judicial Cooperation, and this request was approved by the Council of the European Union on 29 May 2000.[123] The United Kingdom's formal participation in the previously approved areas of cooperation was put into effect by a 2004 Council decision that came into effect on 1 January 2005.[124] Although the United Kingdom was not part of the Schengen passport-free area,[125] it still used the Schengen Information System, a governmental database used by European countries to store and disseminate information on individuals and property. This allowed the UK to exchange information with countries that are a part of the Schengen agreement, often for the sake of liaising over law enforcement.[126] In 2020, the UK declared its intent to withdraw from these arrangements at the end of its transition period, and did so on 31 December 2020.
In contrast, while Ireland initially submitted a request to participate in the Schengen acquis in 2002, which was approved by the Council of the European Union,[127] that decision took nearly eighteen years to be put into effect. In February 2010 the Irish Minister for Justice, in response to a parliamentary question, said that: "The measures which will enable Ireland to meet its Schengen requirements are currently being progressed".[128] Ireland joined the law enforcement aspect of SIS II on 1 January 2021 with plans to have "full operational capacity" two months later.[129][130]
Status of the European microstates
Three European microstates—Monaco, San Marino and the Vatican City—are officially not part of Schengen, but are considered de facto within the Schengen Area, as they have open borders and do not have border controls with the Schengen countries that surround them. Some national laws have the text "countries against which border control is not performed based on the Schengen Agreement and the 562/2006 EU regulation",[131] which then includes the microstates and other non-EU areas with open borders. The three microstates cannot issue Schengen visas and with the exception of Monaco, are not formally part of the Schengen Area.
As of 2015, Andorra, Monaco and San Marino were negotiating an Association Agreement with the EU.
Andorra is landlocked and does not have an airport or seaport, but there are several heliports. Visitors to the country can gain access only by road or helicopter through Schengen members France or Spain. Andorra maintains border controls with both France and Spain. There are border controls in the other direction also, but these are more focused on customs control (Andorra has considerably lower taxes than its neighbours, with for example a standard VAT rate of just 4.5%). Andorra does not have any visa requirements. Citizens of EU countries need either a national identity card or passport to enter Andorra, while anyone else requires a passport or equivalent. Schengen visas are accepted,[132] but 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,[133] and re-entering France or Spain is considered a new entry into the Schengen Area. Andorran citizens do not receive a passport stamp when they enter and leave the Schengen Area.[134] Andorra's ambassador to Spain, Jaume Gaytán, has said that he hopes that the agreement will include provisions to make the states associate members of the Schengen Agreement.[135]
Liechtenstein is landlocked and does not have an international airport. It has been a member of the Schengen Area since 2011. It does not have a border check at Balzers heliport, as flights to and from Balzers must be to or from the Schengen Area. Liechtenstein does not issue visas and as such recommends visitors apply for a visa in another Schengen country, e.g. Switzerland.[136]
Monaco has an open border with France. Schengen laws are administered as if it were part of the EU as a result of bilateral agreements with France, and Schengen visas are accepted. Both French and Monégasque authorities carry out checks at Monaco's seaport and heliport.
San Marino has an open border with Italy, although some random checks are made by Italy's Guardia di Finanza and San Marino's Guardia di Rocca.
The Vatican City has an open border with Italy. However, there is no customs union between Italy and Vatican City, hence vehicles may be subject to checks at the border. Typical border controls would not be suitable in Vatican City, due to its small size, high number of pedestrian visitors, and unique position as an enclave within Rome. In 2006, the Vatican City showed interest in joining the Schengen agreement for closer cooperation in information sharing and similar activities covered by the Schengen Information System.[137]
Economics
Total trade between any two countries in the Schengen Area increases by approximately 0.1% per year. The same amount of increase in trade is gained again for every 1% annual increase in immigration between the countries.[138][3] On average, at each border the removal of controls is equivalent to the removal of a 0.7% tariff, and the cost savings on a trade route increase with the number of internal borders crossed. Countries outside of the Schengen Area also benefit.[6]
Movement of people
About 1.7 million people commute to work across a European border each day, and in some regions these people constitute up to a third of the workforce. For example, 2.1% of the workers in Hungary work in another country, primarily Austria and Slovakia. Each year, there are 1.3 billion crossings of Schengen borders in total. 57 million crossings are due to transport of goods by road, with a value of €2.8 trillion each year.[3][139][140] The trade in goods is affected more strongly than trade in services, and the decrease in the cost of trade varies from 0.42% to 1.59% depending on geography, trade partners, and other factors.[6]
Transit of goods
The Single Administrative Document (SAD) (known as the Document Administratif Unique (DAU) in French and Document Unique Administratif (DUA) in Spanish) is a customs declaration form used for goods entering or exiting the European Union. It covers importation, exportation transit and is vital temporary importation for purposes such as exhibitions or specialist equipment for a specific scientific demonstration or experiment which would otherwise be liable toimport tax.[141]
The TIR Convention procedure is used for transit operations that begin, end, or move through a third (non-EU) country that is a signatory to the convention.
A Transit Accompanying Document (TAD) can be produced at the point of departure or by an authorised consignor. It includes a barcode and the movement reference number that matches the transit declaration. This is especially useful if goods are diverted or delayed for any reason.[142]
EORI numbers are an official link to a specific registered address of a business concerned with arranging the export, import or movement goods across the EU. It may also link to official records describing the nature of the goods (Union Customs code (UCC)[143] together with any required certificates of compliance) and the identity of vehicles or hauliers to be used and other customs-related information.
Regulation of internal borders
Before the implementation of the Schengen Agreement, most borders in Europe were patrolled and a vast network of border posts existed around the continent, to check the identity and entitlement of people wishing to travel from one country to another.
Since the implementation of the Schengen rules, border posts have been closed (and often entirely removed) between participating countries.
The Schengen Borders Code requires participating states to remove all obstacles to free traffic flow at internal borders.[144] Thus, road, rail and air passengers no longer have their identity checked by border guards when travelling between Schengen countries, although security controls by carriers are still permissible.[145] Per EU guidelines all EU citizens are advised to bring a passport and/or national identity card, as one may be required.
Passport stamps are never issued when travelling between Schengen member states, even when border controls between Schengen member states are temporarily re-introduced.[146]
Internal checks
Although EU and EFTA nationals travelling within the Schengen Area are not required to show passports, national identity cards or other identity documents at an internal border, the laws of most countries still require them to carry national identity documents and to produce them to an authorised person on request.[147] Different rules apply to other nationals.[147] It is the obligation of everyone travelling within the area to be able to show a fully valid form of personal identification accepted by other Schengen states, typically one issued by the state.[148][149]
According to the Schengen rules, hotels and other types of commercial accommodation must register all foreign citizens, including citizens of other Schengen states, by requiring the completion of a registration form by their own hand. This does not apply to accompanying spouses and minor children or members of travel groups. In addition, a valid identification document has to be produced to the hotel manager or staff.[150] The Schengen rules do not require any other procedures; thus, the Schengen states are free to regulate further details on the content of the registration forms, and identity documents which are to be produced, and may also require the persons exempted from registration by Schengen laws to be registered. Enforcement of these rules varies by country.
The Schengen regulation on crossing internal borders[151] describes the checks for foreigners done by the police at suitable places inside each country.[clarification needed]
Internal controls
The European Union constitutes a customs union and a Value Added Tax area. However, not all Schengen states or all of the territory of Schengen states are part of the customs union or VAT area. Some countries therefore legally conduct customs controls targeted at illegal goods, such as drugs.
Security checks can legally be carried out at ports and airports. Also police checks can be conducted if they:[152]
- do not have border control as an objective;
- are based on general police information and experience regarding possible threats to public security and aim, in particular, to combat cross-border crime;
- are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders;
- are carried out on the basis of spot-checks.
Air travel
For flights within the Schengen Area (either between Schengen member states or within the same Schengen member state), law enforcement agencies, airport authorities and air carriers are permitted only to carry out security checks on passengers and may not carry out border checks.[153][154] Such security checks can be conducted through the verification of the passenger's passport or national identity card:[155][156] such a practice must be used only to verify the passenger's identity (for commercial or transport security reasons) and not his or her immigration status.[154] For this reason, law enforcement agencies, airport authorities and air carriers cannot require air passengers flying within the Schengen Area who are third-country nationals to prove the legality of their stay by showing a valid visa or residence permit.[154] In addition, according to European Commission guidelines, identity checks on air passengers flying within the Schengen Area should take place only either at check-in, or upon entry to the secured zone of the airport, or at the boarding gate: passengers should not be required to undergo a verification of their identity on more than one occasion before their flight within the Schengen Area.[154] Notwithstanding those principles, the identity checks function as practical border controls and they affect illegal immigrants who arrive in Greece (which currently has no land border to another Schengen country) and want to go to some other Schengen country.[157][158] The requirements as to which identity document to possess varies by country and airline. Normally a passport or EU national identity card is needed.
Travellers boarding flights between Schengen countries, but originating from a third country outside the area, are required to go through Schengen entry border checks upon arrival in the Schengen Area. This is because the route originates outside the Schengen Area and the authorities at the final destination would have no way of differentiating between arriving passengers who boarded at the origin and those who joined in the middle. Additionally, travellers are required to process through Schengen exit border checks upon departure.
Temporary border controls
A Schengen member state is permitted to reinstate border controls with another Schengen member state for a short period where there is a serious threat to that state's "public policy or internal security" or when the "control of an external border is no longer ensured due to exceptional circumstances".[159] When such risks arise out of foreseeable events, the state in question must notify the European Commission in advance and consult with other Schengen states.[160]
The introduction of temporary controls at internal borders is a prerogative of the member states. Although the European Commission may issue an opinion about the necessity and proportionality of introducing temporary controls at internal borders, it cannot veto or override such a decision if it is taken by a member state.[161]
In April 2022 the European Court of Justice clarified that temporary internal border controls cannot exceed a duration of six months for one and the same threat. Only in case of a new serious threat "the member state may apply such a measure afresh, even immediately after the six-moth period has ended."[162][163] The ruling reinforced existing criticism of the quasi permanent controls in several member states since 2015 as being an unlawful violation of the Schengen Code.[164][165][166][167]
In April 2010, Malta introduced temporary checks due to Pope Benedict XVI's visit.[168] It reimposed checks in 2015 in the weeks surrounding the Commonwealth Heads of Government Meeting.
Estonia introduced temporary checks in September 2014 due to the visit of US President Barack Obama.[169]
In response to the European migrant crisis in 2015, several Schengen countries set up border controls.
In November 2017, Germany introduced temporary checks on flights arriving from Greece.[170][171][172] Between November 2017 and February 2018, of the 280,000 passengers on flights from Greece who were checked on arrival in Germany, 270 were denied entry into Germany.[173] On 12 May 2018, Germany ended the temporary checks on incoming flights from Greece.[174]
In 2019, Denmark set up border controls with Sweden due to serious attacks by Swedish citizens.[175] The controls were scheduled to be in force for six months.[176]
In response to the COVID-19 pandemic in 2020, almost all Schengen countries set up border controls. Several of these controls blocked citizens of EU/Schengen countries from entering, allowed only citizens or residents of the country to enter, plus prioritised traffic like food transport.[177] On 27 March 2020, the European Commission published 'Guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak', stating that member states should allow cross-border workers 'unhindered access' and 'ensure a smooth passage' across the internal Schengen borders if they exercise a 'critical occupation' (such as health professionals, care workers, scientists in health-related fields, workers in the pharmaceutical and medical services/food/transportation/essential infrastructure industries, engineers, Information and Communications Technology professionals, firefighters/police officers/prison officers/security guards, fishermen and public servants). Further, any health screening for cross-border workers must be carried out under the same conditions as the member state's own nationals exercising the same occupations.[178]
Currently imposed internal border controls
The table below lists ongoing internal border controls, according to the information that the member states have provided to the European Commission.[179][180] Health checks at the borders are not legally considered to be border controls.[181]
Member state | Internal borders currently concerned | Official reasons (may have varied over time) | First day | Last day (currently planned) |
---|---|---|---|---|
Austria | Land borders with Slovenia and Hungary | European migrant crisis, pressure on the asylum reception system, high migratory pressure at the EU’s external border to Türkiye and the Western Balkans, threat of arms trafficking and criminal networks due to the war in Ukraine, human smuggling | 16 September 2015 | 11 November 2024 |
Austria | Land border with Slovakia | Extensive secondary migration | 4 October 2023 | 2 June 2024 |
Denmark | Land border and ferry connections with Germany | European migrant crisis, Islamist terrorist threat, organised crime, smuggling, 2022 invasion of Ukraine, irregular migration along the Central Mediterranean route | 4 January 2016 | 11 November 2024 |
France | Internal borders with Belgium, Luxembourg, Germany, Switzerland, Italy and Spain | Terrorism, European migrant crisis, 2022 invasion of Ukraine, increase in irregular entry flows at the external borders | 27 July 2016 | 31 October 2024 |
Germany | Land border with Austria | European migrant crisis, increase in irregular migration from Turkey through the Western Balkans, strain on the asylum reception system, human smuggling | 13 September 2015 | 11 November 2024 |
Norway | Ports with ferry connections to the Schengen area | 2022 invasion of Ukraine, threat to critical on-shore and off-shore infrastructures | 26 November 2015 | 11 November 2024 |
Sweden | All internal borders | European migrant crisis, Islamist terrorist threat | 12 November 2015 | 11 November 2024 |
Italy | Land border with Slovenia | Israel-Hamas war, European migrant crisis, Islamist terrorist threat | 21 October 2023 | 18 June 2024 |
Slovenia | Land borders with Croatia and Hungary | Israel-Hamas war, 2022 invasion of Ukraine, European migrant crisis, Islamist terrorist threat, organized crime | 21 October 2023 | 21 June 2024 |
French controls against migrants from northern Africa
Following the Tunisian Revolution of 2010–11, the government of Italy gave six-month residence permits to some 25,000 Tunisian migrants.[182][183] This allowed the migrants to travel freely in the Schengen Area. In response, both France and Germany threatened to impose border checks, not wanting the Tunisian refugees to enter their territory.[183] In April 2011, for several hours, France blocked trains carrying the migrants at the French—Italy border at Ventimiglia.[183]
At the request of France, in May 2011 the European Commissioner for Home Affairs, Cecilia Malmström proposed that more latitude would be available for the temporary re-establishment of border control in the case of strong and unexpected migratory pressure, or the failure of a state to protect the external borders of the EU.[182]
On 25 July 2011, in delivering the European Commission's final assessment on the measures taken by Italy and France,[184] the Home Affairs Commissioner said, "from a formal point of view steps taken by Italian and French authorities have been in compliance with EU law. However, I regret that the spirit of the Schengen rules has not been fully respected".[184] Ms. Malmström also called for a more coherent interpretation of the Schengen rules and a stronger evaluation and monitoring system for the Schengen Area.[184]
2015 migrant crisis
During the migrant crisis of September 2015, Germany announced it was temporarily bringing border controls back in accordance with the provisions on temporary border controls laid down by the Schengen acquis. Such border controls appear to be an attempt to prevent disorder from making the crisis worse. Open borders appeared to have impeded Germany's ability to provide for very large numbers of persons seeking refuge all at once. Germany signals the border controls are only temporary, and only to support an orderly flow of migration into the area.[needs update]
Other countries, including Austria, Denmark, Slovenia, Hungary, Sweden and Norway have set up border controls in response to the crisis.[185]
In December 2015, Sweden passed a temporary law that allows the government to oblige all transport companies to check that their passengers carry valid photographic identification. The new law came into effect on 21 December 2015 and was valid until 21 December 2018.[186] The government decided that the new rules would apply from 4 January 2016 until 4 July 2016. The law led to the mandatory train change and passage through border control at Copenhagen Airport for travellers between Copenhagen and Sweden, and with a reduction in service frequency.[187] Sweden had introduced border control from Denmark earlier (15 November 2015), but that could not stop the migrant flow, since they have the right to apply for asylum once on Swedish ground. First when the transport companies had to stop foreigners on the Danish side, asylum seekers were efficiently stopped. This caused considerable disruption to the train traffic since the railway station did not have capacity for such checks. These checks lasted until 4 May 2017, after the EU commission declared such checks not acceptable.
On 30 May 2018, when the migrant crisis border controls were still active in some countries, the European Parliament decided to condemn prolonged border checks between Schengen Area member countries.[188] But this was only a statement as the Parliament does not decide this.
2015 Paris attacks
After the November 2015 Paris attacks, France introduced full identity and nationality checks at its borders.
Although some European politicians did call for Europe's internal borders to be temporarily closed,[189] the European Union decided in late February 2020 to turn down the idea of suspending the Schengen free travel area and introducing border controls with Italy.[190][191][192][193][194][195] The deputy leader of the Swiss Ticino League, Lorenzo Quadri, criticised the decision: "It is alarming that the dogma of wide-open borders is considered a priority."[196] United States President Donald Trump said the European Union had "failed to take the same precautions and restrict travel from China and other hot spots" as the U.S. had implemented.[197]
Czech Prime Minister Andrej Babiš stated in early March that "European countries cannot ban the entry of Italian citizens within the Schengen Area. The only possible way is to have the Italian prime minister call on his fellow citizens to refrain from travelling to other countries of the European Union."[198]
After Slovakia, Denmark, the Czech Republic and Poland in mid-March announced complete closure of their national borders, European Commission President Ursula von der Leyen said that "Certain controls may be justified, but general travel bans are not seen as being the most effective by the World Health Organization. Moreover, they have a strong social and economic impact, they disrupt people's lives and business across the borders."[199] Von der Leyen also apologised to Italy, amidst widespread discontent among Italians for the lack of solidarity shown by Europe.[200] By the end of March 2020, almost all internal Schengen borders had been closed to non-essential travel. By July 2020, most borders that were closed due to the coronavirus had been reopened.
Regulation of external borders
Participating countries are required to apply strict checks on travellers entering and exiting the Schengen Area. These checks are co-ordinated by the European Union's Frontex agency, and subject to common rules. The details of border controls, surveillance and the conditions under which permission to enter into the Schengen Area may be granted are exhaustively detailed in the Schengen Borders Code.[201][202]
Temporary restriction on the entry of persons without the right of free movement for non-essential travel
In view of the COVID-19 pandemic, on 16 March 2020 the European Commission issued a recommendation to all EU and Schengen member states to introduce a temporary restriction on the entry of third-country nationals (i.e. travellers who are not EEA/Swiss citizens and family members with the right of free movement) to the Schengen Area for non-essential travel for an initial period of 30 days (with the possible prolongation of this period to be assessed based on further developments). However, third-country nationals who are holders of long-term visas or residence permits or are family members of EEA/Swiss citizens are exempt from this restriction. Further, third-country nationals 'with an essential function or need' (such as healthcare workers, transport personnel, aid workers, military personnel, seasonal agricultural workers), passengers in transit, those travelling 'for imperative family reasons' and those 'in need of international protection or for other humanitarian reasons' are exempt from this restriction. Nevertheless, the European Commission re-iterated that 'coordinated and reinforced health checks' should be carried out on all travellers who are permitted to enter the EU and Schengen Area.[203]
Further, on 30 March 2020, the European Commission published 'Guidance on the implementation of the temporary restriction on non-essential travel to the EU, on the facilitation of transit arrangements for the repatriation of EU citizens, and on the effects on visa policy' in order to provide 'advice and practical instructions'. The Guidance states that member states are permitted to take measures (such as requiring non-nationals to undergo a period of self-isolation if arriving from a territory affected by COVID-19), provided that the same requirements is imposed on its own nationals. The Guidance also clarifies that citizens of the European micro-states (Andorra, the Holy See, Monaco and San Marino) are exempt from the temporary restriction on the entry of third-country nationals to the European Union and the Schengen Area for non-essential travel. In addition, citizens of Serbia, North Macedonia, Montenegro and Turkey should be permitted entry to the European Union and the Schengen Area if they are stranded abroad in order to facilitate repatriation to their country of origin. Third-country nationals (not covered by one of the exemptions from the temporary restriction of entry for non-essential reasons) who seek to enter the Schengen Area will be refused entry at the external border crossing point and will receive a refusal of entry form (with the reason of refusal marked as "I" (i.e. a threat to public health)), as well a passport stamp cancelled by an indelible cross in black ink and the letter "I" on the right hand side.[204]
Some EU and Schengen member states have gone further than the European Commission recommendation and have restricted the entry of EEA/Swiss citizens to their respective territories for non-essential travel. For example, on 4 April 2020, French Border Police refused entry to a group of EU and British citizens who arrived in Marseille Provence Airport on a private jet from the UK, with the intention of staying in a holiday villa in Cannes.[205][206]
On 8 April 2020, the European Commission invited EU and Schengen member states to extend the restriction on the entry of third-country nationals for non-essential travel for a further period of 30 days until 15 May 2020.[207] On 8 May 2020, the European Commission again invited member states to extend the restriction for another 30 days until 15 June 2020.[208] On 11 June 2020, the European Commission recommended member states to prolong the restriction on the entry of third-country nationals for non-essential travel until 30 June 2020.[209]
Border checks
All persons crossing external borders—inbound or outbound—are subject to a check by a border guard. The only exception is for regular cross-border commuters (both those with the right of free movement and third-country nationals) who are well known to the border guards: once an initial check has shown that there is no alert on record relating to them in the Schengen Information System or national databases, they can only be subject to occasional 'random' checks, rather than systematic checks every time they cross the border.[210][211][212]
Previously, EEA and Swiss citizens, as well as their family members enjoying the right of free movement, were subject only to a 'minimum check' when crossing external borders. This meant that their travel document was subject only to a 'rapid' and 'straightforward' visual inspection and an optional check against databases for lost/stolen travel documents. Consultation of the Schengen Information System and other national databases to ensure that the traveller did not represent a security, public policy or health threat was only permitted on a strictly 'non-systematic' basis where such a threat was 'genuine', 'present' and 'sufficiently serious'.[213] In contrast, other travellers were subject to a 'thorough check'.[214]
However, after the November 2015 terrorist attacks in Paris, at a meeting of the Council of the European Union on 20 November 2015, interior ministers from the Member States decided to 'implement immediately the necessary systematic and coordinated checks at external borders, including on individuals enjoying the right of free movement'.[215] Amendments were made to the Schengen Border Code to introduce systematic checks of the travel documents of EEA and Swiss citizens, as well as their family members enjoying the right of free movement, against relevant databases when crossing external borders.[216] The new regime came into force on 7 April 2017.
Where carrying out systematic checks against databases would have a disproportionate impact on the flow of traffic at an external border, such checks may be relaxed if, on the basis of a risk assessment, it is determined that it would not lead to a security risk.[216][202] [how?]
In 'exceptional' and 'unforeseen' circumstances where waiting times become excessive, external border checks can be relaxed on a temporary basis.[217][218] [example needed]
Border guards carry out the following procedures when checking travellers who cross external borders:[216][202]
Procedure | EEA/Swiss citizens and family members with right of free movement |
Third-country nationals (on entry) |
Third-country nationals (on exit) | |
---|---|---|---|---|
Checking the traveller's identity based on their travel document | Yes | Yes | Yes | |
Checking that the travel document is valid and has not expired | Yes | Yes | Yes | |
Checking the travel document for signs of falsification or counterfeiting | Yes | Yes | Yes | |
Checking the travel document for signs of falsification or counterfeiting using technical devices (e.g. UV light, magnifiers) | Optional | Optional | Optional | |
Checking the authenticity of the data stored on the RFID chip (if the travel document is biometric) | Optional | Optional | Optional | |
Checking the travel document against the list of stolen, misappropriated, lost and invalidated documents in the Schengen Information System, Interpol's SLTD database and other national databases | Yes | Yes | Yes | |
Consulting the Schengen Information System and other national databases to ensure that the traveller does not represent a threat to public policy, internal security, public health or international relations of any Schengen Member State | Yes | Optional (consultation of databases only 'where necessary') |
Yes | |
Recording the traveller's entry/exit in a database As of April 2016, only 10 Schengen Member States—Estonia, Finland, Hungary, Latvia, Lithuania, Malta, Poland, Portugal, Slovakia and Spain—record third-country nationals' entries and exits in their national databases, but data is not exchanged between the national databases of these countries, nor is there a Schengen-wide centralised database tracking entries and exits in all 27 Schengen Member States.[219][220][221][222][223][224][225][226] Only Poland systematically records the entries and exits of EEA and Swiss citizens who are stopped at the border.[227] |
Optional | Optional | Optional | |
Stamping the travel document | No | Yes (with specific groups) |
Yes (with specific groups) | |
Checking that the traveller has the appropriate visa/residence permit (if required) | No | Yes | Optional | |
Checking the authenticity of the short-stay visa (if required) and the identity of its holder by consulting the Visa Information System[228] | No | Yes | Optional | |
Examining entry and exit stamps in the travel document to ensure that the traveller has not exceeded the maximum duration of authorised stay | No | Yes (with some exceptions)[229] | Optional | |
Verifying the traveller's point of departure and destination | No | Yes | No | |
Verifying the traveller's purpose of stay | No | Yes (with some exceptions)[230] | No | |
Verifying any documents/evidence to support the traveller's purported purpose of stay | No | Optional (with some exceptions)[230] | No | |
Verifying that the traveller has sufficient funds for their stay and onward/return journey (or that they are in a position to acquire such means lawfully) | No | Yes (with some exceptions)[230] | No |
As shown by the table above, because many procedures are optional, border guards have discretion in deciding how rigorously they check travellers at external border crossing points. As a result, the length of time taken to perform checks differs between Schengen countries. Under the previous regime (whereby those with the right to freedom of movement were subject only to a 'minimum check'), an entry check for an EEA or Swiss citizen took around five seconds on average in Italy, whilst in Norway, on average it took around 1 minute.[225] The disparities in checks on third-country nationals (who are subject to a more thorough check) are even greater. For example, an entry check for an Annex II national takes around 15 seconds on average in Greece, whilst it takes three to five minutes on average in Slovakia.[224][226] Similarly, an entry check for an Annex I national on average lasts around 30–60 seconds in the Netherlands, whilst in Latvia, it lasts around two to five minutes on average.[224]
After the new regime came into force on 7 April 2017, significantly longer waiting times were reported at numerous external border crossing points, especially as it was just before the Easter holiday. Travellers entering Slovenia from Croatia (which was not yet part of the Schengen Area) had to wait several hours as Slovenian border guards systematically checked the travel documents of all travellers (including those with the right of free movement) against relevant databases.[231] The Prime Minister of Slovenia, Miro Cerar, acknowledged that the situation was 'unacceptable'. In order to alleviate the long queues, the systematic checking of travel documents of those with the right of free movement against relevant databases was temporarily suspended from the evening of Friday 7 April 2017 until the end of the weekend.[232][233] However, the following weekend, long queues re-appeared.[234] The Prime Minister of Croatia, Andrej Plenković, criticised the situation, calling it 'unsustainable', and expressed concern about the impact on tourism (which accounts for 18% of Croatia's GDP). The President of Croatia, Kolinda Grabar-Kitarović, sent a formal letter to the European Commission to voice her concern about the effect of the new regime on border checks.[235] At a meeting held on 29 April 2017, the President of the European Commission, Jean-Claude Juncker, Cerar and Plenković agreed that, moving forward, the systematic checking of the travel documents of those with the right of free movement against relevant databases would be suspended at land border crossing points between Croatia and Slovenia if the waiting time exceeds 15 minutes (with 'targeted checks' being carried out instead).[236] Long queues were also reported at external border crossing points in Greece, where the leadership of the Hellenic Police (which is responsible for border checks) decided to suspend, for a period of six months, the systematic checking of travel documents of those with the right of free movement against relevant databases (with the exception of the Kipoi land border crossing point with Turkey, due to security concerns). Greece was particularly affected by the implementation of the new regime as Greek identity cards were not machine-readable at that time, which meant that border guards had to enter the holder's information manually into the computer system to check the relevant databases if a Greek citizen presented an identity card instead of a passport.[237] Similarly, long waiting times were reported at external border crossing points in France[238] and Spain.[239][240] Finland, Hungary and Italy also issued notifications suspending systematic checks at some external border crossing points.[241] In July 2017, Greece submitted a request to suspend the systematic checking of travel documents of those with the right of free movement against relevant databases for a further period of 18 months, due to 'infrastructure shortcomings and increased traffic at 12 airports across the country'.[242]
When carrying out checks at external borders, border guards are, by law, required to respect the dignity of travellers (particularly in cases involving vulnerable persons)[243] and are forbidden from discriminating against persons based on their sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.[244]
External border controls are located at roads crossing a border, at airports, at seaports and on board trains.[245] Usually, there is no fence along the land border, but there are exceptions like the Ceuta border fence, and some places at the eastern border.[246] However, surveillance camera systems, some equipped with infrared technology, are located at some more critical spots, for example at the border between Slovakia and Ukraine, where at some points there is a camera every 186 metres (203 yards).[247]
All travellers entering and leaving the Schengen Area by general aviation or on a pleasure boat have to make their first point of entry/final point of departure in an airport/aerodrome or a seaport that is designated as an external border crossing point. By way of derogation, travellers on board a pleasure boat are permitted to make their first port of call at a port that is not designated as an external border crossing point if they notify the port authorities and obtain authorisation from the border guards.[248] In practice, however, this is a loophole hard to check, and large-scale drug smuggling using private boats has been uncovered. Along the southern coast of the Schengen countries in the Mediterranean, coast guards make a substantial effort to prevent private boats from entering without permission.
At many external border crossing points, there are special lanes for EEA and Swiss citizens (as well as their family members) and other lanes for all travellers regardless of nationality.[249] At some external border crossing points, there is a third type of lane for travellers who are Annex II nationals (i.e. non-EEA/Swiss citizens who are exempt from the visa requirement).[250] Although Andorran and Sammarinese citizens are not EEA citizens, they are nonetheless able to use the special lanes designated for EEA and Swiss citizens.[251] Since 1 January 2021, British citizens are no longer permitted to use the EEA/Swiss lanes.
Some external border crossing points can only be used by certain travellers. For example, the border checkpoint in Veľké Slemence, Slovakia (on the border with Ukraine) can only be crossed by pedestrians or cyclists who are EEA, Swiss or Ukrainian citizens.[252] The border checkpoint in Ramoniškiai, Lithuania (on the border with Russia) can only be crossed by residents of Lithuania and Russia; all other travellers (including EEA and Swiss citizens not resident in Lithuania/Russia) cannot use this border checkpoint.[253] Similarly, the border checkpoint of Pededze-Brunishevo, Latvia (on the border with Russia) is only open to Latvian and Russian citizens.[254] The Narva 2 and Saatse border crossing points in Estonia (on the border with Russia) can only be used by residents of Estonia and Russia.[255] The border checkpoint in Połowce-Pieszczatka, Poland (on the border with Belarus) can only be crossed by Polish and Belarusian nationals.[256] In 2016, as a temporary measure for 180 days, the two northernmost border checkpoints of Raja-Jooseppi and Salla on the Finland–Russia border could only be crossed by Finnish, Russian and Belarusian citizens (as well as their family members); all other nationals, including non-Finnish EEA and Swiss citizens, were not permitted to use these border checkpoints.[257] Further, the border crossing points of Haapovaara, Inari, Karttimo, Kurvinen, Leminaho and Parikkala (as well as the railway crossing point of Imatra) are only open to Finnish and Russian citizens.[258]
The additional obligations imposed by European law on national border authorities when it comes to processing travellers who are third-country nationals (e.g. the obligation to stamp their travel documents) should not prevent the development of automated border control systems which are made available to such travellers. As shown by the examples listed above of automated border control systems which have been developed at external border crossing points of the Schengen Area, national border authorities have been able to adapt the design of their automated border control systems to allow third-country nationals to make use of them. One solution is to have a border guard physically positioned next to the automated border gates who can stamp travel documents where required: this approach has been adopted by the Finnish Border Guard at the automated border gates in Helsinki Airport, where eligible users (who are required to receive a passport stamp) include holders of Australian, Canadian, Japanese, New Zealand, South Korean and United States biometric passports,[259][260][261] and in the Port of Helsinki, where eligible users (who are required to receive a passport stamp) include Russian citizens, who are required to scan both the biodata page and the visa inside their passport, then to step into the gate for a facial image and fingerprint recognition, and after the gate opens to approach a border officer to have their passport stamped.[260] The Portuguese Serviço de Estrangeiros e Fronteiras has also adopted the practice of positioning a border guard for stamping next to the automated border gates in Lisbon Airport where eligible users (who are required to receive a passport stamp) include holders of Angolan and Brazilian passports and holders of diplomatic/service passports. This approach has also been adopted in Italy, where eligible users of eGates include holders of Australian, Canadian, Israeli, Japanese, New Zealand, Singaporean, South Korean, United States and Vatican biometric passports. A similar but slightly different solution has been adopted by the Dutch Royal Marechaussee at the Privium iris recognition automated border gates at Amsterdam Airport Schiphol (where eligible users include registered EU/EEA/Swiss citizens, US citizens who are Global Entry members, and all nationals who are holders of diplomatic passports), as well as by the German Federal Police at the ABG Plus iris recognition automated border gates at Frankfurt Airport (where eligible users include registered EU/EEA/Swiss citizens and US citizens who are Global Entry members: when eligible third-country nationals use Privium/ABG Plus, after their iris is scanned and verified, a different gate/door/turnstile opens to that for EU/EEA/Swiss citizens and the third-country national user is directed to a lane which leads them to the front of the queue for manual passport checks at immigration desks, where the border guard stamps the user's passport. Another possible solution would be to design the automated border gates to print a paper slip with an entry or exit stamp on it, as well as the user's name and travel document number, whenever the user is a traveller who is subject to the requirement to have their travel document stamped.[262]
Sometimes, external border controls are located on non-Schengen territory. For example, the French Border Police operates border checks at juxtaposed controls on travellers departing the United Kingdom for the Schengen Area before they board their train or ferry at St Pancras International, Ebbsfleet International and Ashford International railway stations, as well as at the Port of Dover and the Eurotunnel Folkestone Terminal.[263][264]
ETIAS
In November 2016 the European Commission proposed a system for an electronic authorisation of visa-exempt third country nationals called ETIAS (European Travel Information and Authorisation System).[265] Foreign visitors will be required to submit personal data in advance and pay a processing fee (fee is waived for children). The application is to be done over the internet and need to be made a few days before travel. The authorisation will be valid for three years. It is imagined as a system similar to the ESTA system of the United States and the ETA system of Canada. ETIAS is scheduled to enter into operation by May 2025.[266]
ETIAS requirements will, in general, apply to those third country nationals who are not required to have a visa and have no residence permit or similar.
Carrier's responsibility
Schengen rules require that all carriers conveying passengers across the Schengen external border must check, before boarding, that passengers have the correct travel documents and visas required for entry.[267] Carriers that transport third-country nationals without the correct travel documents are imposed with financial penalties and are required to transport those refused entry back to the point of departure.[268] The aim of this measure is to prevent illegal immigration. Further, since immigrants have the right to apply for asylum at border control at ports of entry in the EU, though such applications must be made in person in the country where asylum status is sought, this measure has the effect of preventing prospective asylum seekers from boarding public transportation to the Schengen Area (unless they have already obtained a Schengen visa or are visa-exempt).
Short-stay and transit visas
The rules applicable to short-term entry visas into the Schengen Area are set out in EU regulations which contain two lists: a list of the nationalities (or classes of travel document holder) which require a visa for a short-term stay (the Annex I list) and a list which do not (the Annex II list).[269]
Being listed in the visa-free list will sometimes but not always exempt the listed nationality or class from the requirement to obtain a work permit if they wish to take up employment or self-employed activity during their stay; business trips are not normally considered employment in this sense.[270]
An application for a Schengen visa should be submitted to the embassy or consulate of the country which the traveller intends to visit. If a traveller plans to visit multiple countries in the Schengen Area, the application should be submitted to the embassy or consulate of the main destination. If the main destination cannot be determined, the traveller should apply for the visa at the embassy or consulate of the Schengen member state of first entry.[271] Often, external service providers are contracted by certain diplomatic missions to process, collect and return visa applications.[272]
The standard application fee for a Schengen visa is EUR 80. There is a reduced visa application fee of EUR 40 for children aged 6 to 12. The visa application fee is waived for children under the age of 6. Where an application is submitted to an external service provider, an additional service fee may have to be paid. The visa application fee (and the additional service fee, if applicable) are not refundable regardless of the outcome of the application.[273]
Entry conditions for third-country nationals
A Schengen visa or a visa exemption does not entitle the traveller to enter the Schengen Area, but rather allows the traveller to seek entry at the border crossing point. The Schengen Borders Code lists requirements which third-country nationals must meet to be allowed into the Schengen Area. For this purpose, a third-country national is a person who does not enjoy the right of free movement (i.e. a person who is not an EEA citizen or Swiss, nor a family member of such a person).
The entry requirements for third country nationals who intend to stay in the Schengen Area for not more than 90 days in any 180-day period are as follows:[274]
- The traveller is in possession of a valid travel document or documents authorising them to cross the border (a visa is not considered a travel document in this sense); the acceptance of travel documents for this purpose remains within the domain of the member states;[275]
- The travel document must be valid for at least 3 months after the intended date of departure from the Schengen Area (although in a justified case of emergency, this obligation may be waived) and must have been issued within the previous 10 years;[276]
- The traveller either possesses a valid visa (if required) or a valid residence permit;
- The traveller can justify the purpose and conditions of the intended stay and has sufficient means of subsistence, both for the duration of the intended stay and for the return to his or her country of origin or transit to a third country into which the traveller is certain to be admitted, or is in a position to acquire such means lawfully;
- The Schengen Information System does not contain a refusal of entry alert concerning the traveller, and
- The traveller is not considered to be a threat to public policy, internal security, public health or the international relations of any of the Schengen states.
However, even if the third-country national does not fulfil the criteria for entry, admission may still be granted:[277]
- On humanitarian grounds
- On grounds of national interests
- On grounds of international obligations
- If the person is not in possession of a visa, but fulfils the criteria for being issued a visa at the border
- If the person holds a residence permit or a re-entry visa issued by a Schengen state
Passport stamp
Certain travellers receive a passport stamp when entering and exiting the Schengen Area. All 27 European countries within the Schengen Area have entry and exit stamps of a uniform design. As of April 2016, at a national level, 11 Schengen countries (Estonia, Finland, Greece, Hungary, Latvia, Lithuania, Malta, Poland, Portugal, Slovakia and Spain)[278][279][280][281][282][283][284] have developed computer databases recording entries and exits of third-country nationals (i.e. travellers who are not EU, EEA or Swiss citizens) at external border crossing points. However, on a Schengen-wide level, there is no centralised computer database that tracks entries and exits at all of the external border crossing points of the 27 Schengen countries, nor are entry and exit records from national databases shared between countries.[285] As a result, law enforcement officials continue to rely on checking passport stamps as the primary way to check that travellers who do not have the right of free movement have not exceeded their length of permitted stay in the Schengen Area.
Regulation (EU) 2017/2226 envisages the establishment of an Entry-Exit System (EES) which will record third-country nationals' entries and exits when they cross the external borders of the Schengen Area in a central database, replacing passport stamps.[286] As of August 2022, EES was expected to enter into operation at the end of May 2023,[287] but was delayed until late 2024.
There are no systematic immigration checks when travelling between Schengen countries (i.e. crossing the internal borders of the Schengen Area). Passport stamps are never issued when travelling between Schengen countries, even when immigration checks between Schengen countries are temporarily re-introduced.[288]
When travelling to/from a non-Schengen country (i.e. crossing the external borders of the Schengen Area), the rules on stamping travel documents are as follows:[289]
Persons whose travel documents are to be stamped | Persons whose travel documents are not to be stamped |
---|---|
|
|
Border officials are required, by law, to stamp the travel documents of third country nationals who do not qualify for one of the exemptions listed in the right hand column when they cross external borders,[293] even when border controls have been relaxed. However, nationals of Andorra, Monaco, San Marino and Vatican City are exempt from this requirement, as are heads of state, whose visits were announced through diplomatic channels, and holders of local border traffic permits and residence permits issued by a Schengen member state.[294][295] Certain exemptions also apply to the crews of ships and aircraft.[296]
Exceptionally, if stamping a person's travel document would cause serious difficulties (such as political persecution), border officials can instead issue a sheet of paper detailing the person's name, travel document number and entry date and location.[289] However, in practice, border officials do not always stamp the travel documents of travellers as legally required.[297][298] If a person who should have received an entry stamp cannot show one either upon request by a law enforcement officer or upon leaving the Schengen Area to a border official, the officer can presume that the person has been staying illegally in the Schengen Area and can expel them, unless the person can demonstrate using credible evidence (such as transport tickets and accommodation receipts) that they have not exceeded their permitted length of stay in the Schengen Area.[299]
Although, according to EU rules, third country nationals who hold residence permits should not have their travel documents stamped, France nevertheless requires third country nationals holding a visa de long séjour valant titre de séjour (a long-stay visa serving additionally as a residence permit for up to one year) to receive a passport stamp upon their first entry to the Schengen Area as a part of the process to validate the visa as a residence permit; without an entry stamp, the process cannot be completed.[300]
Third-country nationals who otherwise fulfil all the criteria for admission into the Schengen area must not be denied entry for the sole reason that there is no remaining empty space in their travel document to affix a stamp; instead, the stamp should be affixed on a separate sheet of paper.[301][302]
Entry and exit stamps are applied in black ink, except for the red date stamp and a two-digit security code in the middle. The two-digit security code must be changed at least once a month,[303] although some Schengen countries (such as Greece) change security codes every day.[288] The stamps bear the country abbreviation within a circle of stars in the top left hand corner, the name of the entry/exit border crossing point in Latin alphabet at the bottom, and an icon in the top right hand corner to denote the mode of entry/exit. Below the name of the border crossing point is an identifying number – a record is kept of the identity of the border officer to whom a given stamp is assigned at any given time.[304] Entry stamps are rectangular and have an arrow into a square, while exit stamps are rectangular with rounded corners and have an arrow out of a square. The stamps do not indicate any maximum permitted duration of stay.
Border guards are required to ensure the secure storage of passport stamps in locked safes between shifts. Border posts are advised to set out clear responsibilities and instructions for the distribution and use of passport stamps.[305]
According to European Commission recommendations and guidelines, stamps should be affixed in travel documents by border officials in the following manner:[298][306]
- in chronological order
- in a horizontal position
- in a clear and straight manner (i.e. with enough ink and not over the edge of a page)
- the exit stamp should be affixed in the proximity of the entry stamp
- no stamp should be affixed over another stamp or over the machine readable zone of a visa
- if the travel document contains a single-entry Schengen visa, the stamp should be affixed over the edge of the visa, but without affecting the legibility of the conditions and security features of the visa
- if the travel document contains a multiple-entry Schengen visa, the stamp should be affixed on the page facing the one on which the visa is affixed
If a third-country national is refused entry to the Schengen Area, the border official is required to affix an entry stamp in the travel document, cancel the stamp by an indelible cross in blank ink and write the letter corresponding to the reason for the refusal of entry to the right-hand side of the cancelled stamp.[307][308]
By contrast, if a border official has affixed a stamp in a travel document by mistake (as opposed to a refusal of entry), the stamp can be annulled by drawing two parallel lines through the top left-hand corner.[309]
-
Entry stamp for air travel, issued at Sandefjord Airport in Norway
-
Entry stamp for rail travel, issued at Nickelsdorf at Austro-Hungarian border before Hungary joined the Schengen Area
-
Entry stamp for road travel, issued at Doirani at Greek-North Macedonian border
-
Entry stamp for ferry travel, issued at the port of Amsterdam IJmond in Netherlands
-
Exit stamp for air travel, issued at Prague Ruzyně Airport in Czech Republic
-
Exit stamp for rail travel, issued at Bad Schandau at Czech-German border before the Czech Republic joined the Schengen Area
-
Exit stamp for road travel, issued at Korczowa at Polish-Ukrainian border
Stays in excess of 90 days
For stays in the Schengen Area as a whole which exceed 90 days, a third-country national will need to hold either a long-stay visa for a period no longer than a year, or a residence permit for longer periods. A long-stay visa is a national visa but is issued in accordance with a uniform format. It entitles the holder to enter the Schengen Area and remain in the issuing state for a period longer than 90 days but no more than one year. If a Schengen state wishes to allow the holder of a long-stay visa to remain there for longer than a year, the state must issue him or her with a residence permit.
The holder of a long-stay visa or a residence permit is entitled to move freely within other states which compose the Schengen Area for a period of up to three months in any half-year.[310] Third-country nationals who are long-term residents in a Schengen state may also acquire the right to move to and settle in another Schengen state without losing their legal status and social benefits.[311]
Asylum seekers who request international protection under the Geneva Convention from a Schengen member state are not issued a residence permit, but are instead issued, within three days of the application being lodged, an authorisation to remain on the territory of the member state while the application is pending or being examined. This means that, whilst their application for refugee status is being processed, asylum seekers are only permitted to remain in the Schengen member state where they have claimed asylum and are not entitled to move freely within other states which compose the Schengen Area.[312] Successful applicants who have been granted international protection by a Schengen member state are issued residence permits which are valid for at least three years and renewable, whilst applicants granted subsidiary protection by a Schengen member state are issued residence permits valid for at least 1-year and renewable, unless there are compelling reasons relating to national security or public order. Family members of beneficiaries of international or subsidiary protection from a Schengen member state are issued residence permits as well, but their validity can be shorter.[313] Applicants who have been granted temporary protection by a Schengen member state (as well as their reunited family members) are issued residence permits valid for the entire period of temporary protection.[314]
However, some third-country nationals are permitted to stay in the Schengen Area for more than 90 days without the need to apply for a long-stay visa. For example, France does not require citizens of Andorra, Monaco, San Marino and the Vatican City to apply for a long-stay visa.[315] In addition, Article 20(2) of the Convention implementing the Schengen Agreement allows for this 'in exceptional circumstances' and for bilateral agreements concluded by individual signatory states with other countries before the Convention entered into force to remain applicable. As a result, for example, New Zealand citizens are permitted to stay for up to 90 days in each of the Schengen countries (Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Luxembourg, the Netherlands, Norway, Poland, Portugal, Spain, Sweden and Switzerland) which had already concluded bilateral visa exemption agreements with the New Zealand Government prior to the Convention entering into force without the need to apply for long-stay visas, but if travelling to other Schengen countries the 90 days in a 180-day period time limit applies.[316][317][318][319][320][321][322][323][324][325][326][excessive citations]
Entry conditions for family members of EEA and Swiss citizens
Third-country nationals who are family members of EEA and Swiss citizens exercising their right of free movement and who hold a residence card of a family member of a Union citizen issued by their EEA host country can visit another EEA member state or Switzerland without a visa for a short stay of up to three months in each member state.[327][328][329][330] A 'family member' is defined as the spouse/partner, any of their children below age 21 or dependents (including those of the spouse/partner) and dependent parents (including those of the spouse/partner).[331]
Holders of a residence card of a family member of a Union citizen issued by a Schengen member state can travel to another Schengen member state without a visa, regardless of whether they are travelling independently, or accompanying or joining their EEA/Swiss citizen family member. However, holders of a residence card of a family member of a Union citizen issued by Bulgaria, Cyprus, Ireland, and the UK can travel to the Schengen Area without a visa only if they are accompanying or joining their EEA/Swiss citizen family member.[332] British citizens had until 30 June 2021 to apply for the card.
If the non-EEA family member is an Annex I national who presents themself at the border without a residence card of a family member of a Union citizen nor an entry visa, but can show their family ties with the EEA/Swiss citizens by other means, then a visa must be issued at the border free of charge and entry permitted.[333]
However, as of December 2008, the right of entry of family members of EEA/Swiss citizens laid down in Articles 5(2) and 5(4) of Directive 2004/38/EC has been incorrectly transposed into Belgian, Latvian and Swedish law, and not transposed at all by Austria, Denmark, Estonia, Italy, Lithuania, Germany and Slovenia.[334] Five member states do not follow the Directive to the effect that non-EEA family members may still face difficulties (denial of boarding the vessel by the transport company, denial to enter by border police) when travelling to those states using their residence card issued by another EU member state. A visa or other document(s) may still be required.[334]
Local border traffic at external borders
Schengen states which share an external land border with a non-EU member state are authorised by virtue of the EU Regulation 1931/2006 to conclude or maintain bilateral agreements with neighbouring third countries for the purpose of implementing a local border traffic regime.[335] Such agreements define a border area which may extend to a maximum of 50 kilometres (31 mi) on either side of the border, and provide for the issuance of local border traffic permits to residents of the border area. Permits may be used to cross the EU external border within the border area, are not stamped on crossing the border and must display the holder's name and photograph, as well as a statement that its holder is not authorised to move outside the border area and that any abuse shall be subject to penalties.
Permits are issued with a validity period of between one and five years and allow for a stay in the border area of up to three months. Permits may only be issued to lawful residents of the border area who have been resident in the border area for a minimum of one year (or longer if specified by the bilateral agreement). Applicants for a permit have to show that they have legitimate reasons to cross frequently an external land border under the local border traffic regime. Schengen states must keep a central register of the permits issued and have to provide immediate access to the relevant data to other Schengen states.
Holders of local border traffic permits are able to spend up to 3 months every time they enter the border area of the country which has issued the permit (this time limit is far more generous than the "90 days in a 180-day period" normally granted to third-country nationals visiting the Schengen Area).[336]
Before the conclusion of an agreement with a neighbouring country, the Schengen state must receive approval from the European Commission, which has to confirm that the draft agreement is in conformity with the Regulation. The agreement may only be concluded if the neighbouring state grants at least reciprocal rights to EEA and Swiss nationals resident on the Schengen side of the border area, and agrees to the repatriation of individuals found to be abusing the border agreement.
As of June 2017 ten local-traffic agreements have come into force.
- Hungary–Ukraine from January 2008.[337]
- Slovakia–Ukraine from September 2008.[337]
- Poland–Ukraine in July 2009.[337]
- Romania–Moldova from October 2010.[337]
- Latvia–Belarus from February 2012.[338]
- Norway–Russia from May 2012.[339]
- Poland–Russia (Kaliningrad Area) from July 2012[340] (suspended since July 2016)[341]
- Latvia–Russia from June 2013.[342]
- Romania–Ukraine from May 2015.[339]
- An agreement between Croatia–Bosnia and Herzegovina is applied on provisional basis, pending ratification.[339]
On 28 April 2014, Moldova was classified as an 'Annex II' nationality. On 11 June 2017, Ukraine was classified as an 'Annex II' nationality. Therefore, Moldovan and Ukrainian citizens who hold biometric passports no longer require a visa to enter the Schengen Area and Romania, thus obviating the need to apply for a local border traffic permit (unless they wish to spend more than 90 days in a 180-day period permitted by the visa exemption, given that local border traffic permit holders are allowed to stay for 3 months in the border area on each entry).
There are or have been plans for Lithuania–Russia, Poland–Belarus, Bulgaria–Serbia and Bulgaria–North Macedonia local border traffic agreements.[343] The agreement between Poland and Belarus had been due to enter into force by 2012,[344] but was delayed by Belarus,[345] with no implementation date set (as of Oct 2012).[346]
In late 2009, Norway began issuing one-year multiple-entry visas, without the usual requirement of having family or a business partner in Norway, called Pomor-Visas, to Russians from Murmansk Oblast, and later to those from Arkhangelsk Oblast.[347] Finland is not planning border permits, but has issued over one million regular visas for Russians in 2011, and many of them multiple-entry visas. The EU was planning to allow up to 5-year validity on multiple-entry visas for Russians.[348]
There is also a similar system for local border traffic permits between Spain and Morocco regarding Ceuta and Melilla. This system is older and was included in the 1991 accession treaty of Spain to the Schengen Area.[82] In this case there are identity checks for anyone travelling to other parts of the Schengen Area (possible by boat and air only). Such checks are not the rule for other local border traffic zones.
Western Balkan states
Citizens of Albania, Bosnia and Herzegovina, Montenegro, North Macedonia, and Serbia can enter the Schengen Area without a visa. On 30 November 2009, the EU Council of Ministers for Interior and Justice abolished visa requirements for citizens of Montenegro, North Macedonia, and Serbia,[349] while on 8 November 2010 it did the same for Albania and Bosnia and Herzegovina.[350] The former took effect on 19 December 2009,[269] and the latter on 15 December 2010.[351]
Visa liberalisation negotiations between the EU and the Western Balkans (excluding Kosovo) were launched in the first half of 2008, and ended in 2009 (for Montenegro, North Macedonia, and Serbia) and 2010 (for Albania and Bosnia and Herzegovina). Before visas were fully abolished, the Western Balkan countries (Albania, Bosnia and Herzegovina, Montenegro, North Macedonia, and Serbia) had signed "visa facilitation agreements" with the Schengen states in 2008. The visa facilitation agreements were, at the time, supposed to shorten waiting periods, lower visa fees (including free visas for certain categories of travellers), and reduce paperwork. In practice, however, the new procedures turned out to be longer, more cumbersome, more expensive, and many people complained that it was easier to obtain visas before the facilitation agreements entered into force.[352][353][354]
The European Commission launched a visa liberalisation dialogue with Kosovo on 19 January 2012. In June 2012, the Commission handed over a roadmap on visa liberalisation to the Kosovo authorities, which identified the legislation and institutional measures that Kosovo needed to adopt and implement to advance towards visa liberalisation. On 4 May 2016, the European Commission proposed visa-free travel for the citizens of Kosovo. The European Commission has proposed to the Council of the European Union and the European Parliament to lift the visa requirements for the people of Kosovo by transferring Kosovo to the visa-free list for short-stays in the Schengen Area. The EU approved the visa exemption for nationals of Kosovo, effective from 1 January 2024.
Police and judicial co-operation
To counter the potentially aggravating effects of the abolition of border controls on undocumented immigration and cross-border crime, the Schengen acquis contains compensatory police and judicial measures.[355] Chief among these is the Schengen Information System (SIS),[355] a database operated by all EU and Schengen states and which by January 2010 contained in excess of 30 million entries and by January 2014 contained in excess of 50 million entries, according to a document published in June 2015 by the Council of the European Union.[356] Around 1 million of the entries relate to persons, 72% of which were not allowed to enter and stay in the Schengen Area. Only 7% of persons listed on the SIS database were missing persons.
The vast majority of data entries on the SIS, around 49 million, concern lost or stolen objects. The European Council reports that in 2013 an average of 43 stolen vehicles a day were detected by authorities using the SIS database.[356]
A list of EU authorities with access to SIS is published annually in the Official Journal of the European Union. As at 24 June 2015, 235 authorities can use the SIS database.[357] The SIS database is operationally managed by eu-LISA.[358]
The Schengen Agreement also allows police officers from one participating state to follow suspects across borders both in hot pursuit[359] and to continue observation operations, and for enhanced mutual assistance in criminal matters.[360]
The Schengen Convention also contained measures intended to streamline extradition between participating countries however these have now been subsumed into the European Arrest Warrant system.[361]
Legal basis
Provisions in the treaties of the European Union
The legal basis for Schengen in the treaties of the European Union has been inserted in the Treaty establishing the European Community through Article 2, point 15 of the Treaty of Amsterdam. This inserted a new title named "Visas, asylum, immigration and other policies related to free movement of persons" into the treaty, currently numbered as Title IV, and comprising articles 61 to 69.[362] The Treaty of Lisbon substantially amends the provisions of the articles in the title, renames the title to "Area of freedom, security and justice" and divides it into five chapters, called "General provisions", "Policies on border checks, asylum and immigration", "Judicial cooperation in civil matters", "Judicial cooperation in criminal matters", and "Police cooperation".[363]
The Schengen Agreement and the Schengen Convention
The Schengen Area originally had its legal basis outside the then European Economic Community, having been established by a sub-set of member states of the Community using two international agreements:
- The 1985 Schengen Agreement – Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders.
- The 1990 Schengen Convention – Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders.
On being incorporated into the main body of European Union law by the Amsterdam Treaty, the Schengen Agreement and Convention were published in the Official Journal of the European Communities by a decision of the Council of Ministers.[364] As a result, the Agreement and Convention can be amended by regulations.
See also
- Open Balkan – Economic zone formed by a regional organization in Southeastern Europe
- Central America-4 Border Control Agreement – Boundary treaty in Central America
- Common Travel Area – Open borders area comprising the United Kingdom, Ireland, the Isle of Man, and the Channel Islands
- eu-LISA – agency of the European Union
- 2015 European migrant crisis – 2010s migrant crisis in the European Union
- FADO – European image-archiving system for identity documents
- Mechanism for Cooperation and Verification – EU system for commitment compliance
- Nordic Passport Union – Nordic ease of travel agreement
- Prüm Convention – Law enforcement treaty in part of Europe
- Public Register of Travel and Identity Documents Online – Online repository of security features in travel documents
- Trans-Tasman Travel Arrangement – Arrangement between Australia and New Zealand
Notes
- ^ a b Only air and sea borders
- ^ a b c d Not an EU member
- ^ The United Kingdom, the administering power, considers that the area of Gibraltar is 6.8 km2 (2.6 sq mi), while for Spain it is 6.7 km2 (2.6 sq mi).[108] However, the various extensions using land reclaimed from the sea have in practice increased it to 6.8 km2 (2.6 sq mi).
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When will Cyprus, Romania and Bulgaria join the Schengen area?... These three Member States still have to pass the Schengen evaluation before they can join the Schengen area. The target date for Bulgaria and Romania is 2011.
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In 1982, in view of the entry into force of the British Nationality Act 1981, the United Kingdom Government lodged with the Italian Government, as depositary of the Treaties, the 1982 Declaration, which replaced the 1972 Declaration with effect from 1 January 1983. The 1982 Declaration provides: 'As to the United Kingdom of Great Britain and Northern Ireland, the terms "nationals", "nationals of Member States" or "nationals of Member States and overseas countries and territories", wherever used in the Treaty establishing the European Economic Community, the Treaty establishing the European Atomic Energy Community or the Treaty establishing the European Coal and Steel Community or in any of the Community acts deriving from those Treaties, are to be understood to refer to: (a) British citizens; (b) Persons who are British subjects by virtue of Part IV of the British Nationality Act 1981 and who have the right of abode in the United Kingdom and are therefore exempt from United Kingdom immigration control; (c) British Dependent Territories citizens who acquire their citizenship from a connection with Gibraltar.
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We anticipate that residents of Gibraltar of whatever nationality—the residence in Gibraltar is what matters—will have the ability to enter and exit Schengen like Schengen nationals, if you want to express it that way, and that those who are not resident in Gibraltar, or indeed in the rest of the Schengen Area, will then have to go through the third-country national check. [...] They will have to show their passports, as they do today. [...] Today a non-Gibraltar resident who is a British citizen has to show his passport and has to be given entry by the BCA, because they come into Gibraltar. In the future they will be given entry by the BCA and by the Schengen authorities, by Frontex, to be able to enter Gibraltar, and the Schengen zone.
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They will in effect be looking out for the same things, but they will be dealing with different entry points, in effect, there will be a Gibraltar entry point and a Schengen entry point. The best example I can give you which we have wrestled with—it's slightly different—is the sort of agreement which provided for juxtaposed controls at St Pancras and Paris, but in a very different way, because you haven't got this principle here of those juxtaposed controls; you have two controls to go through. In one control you're given entry into Gibraltar, and in the other control you're given entry into Schengen.
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- ^ This obligation does not apply to long-stay visas and residence permits, both of which are expressly outside the scope of Regulation (EC) No 767/2008 concerning the Visa Information System (cf Article 4(1)).
- ^ In relation to third country nationals who are not subject to the obligation to have their travel documents stamped (e.g. third country nationals holding residence permits issued by a Schengen member state), it can logically be concluded that border guards at external border crossing points do not need to examine entry and exit stamps in their travel documents to ensure that they have not exceeded the maximum duration of authorised stay. Instead, the border guard should check the validity of the residence permit. (See Report from the Commission to the European Parliament and the Council on the operation of the provisions on stamping of the travel documents of third-country nationals in accordance with Articles 10 and 11 of Regulation (EC) No 562/2006 (COM (2009) 489, p. 7), "The Commission is of the opinion that travel documents of third-country nationals who are in possession of a valid residence permit issued by a Schengen Member State should not be stamped. The purpose of stamping a passport serves to establish whether a third country national respected the authorised length of a short stay within the Schengen area. This logic cannot be applied to third country nationals holding a valid residence permit, as the allowed period of stay in the Schengen Member State which issued the permit is determined by the validity of the residence permit.")
- ^ a b c Some Schengen member states have exempted certain categories of travellers who are subject to a thorough check from the requirement to demonstrate sufficient funds for their stay, proof of onward/return journey and explaining their purpose of stay to the border guard at external border crossing points. For example, France exempts Andorran and Monégasque nationals, holders of residence permits and family reunification visas, diplomats, flight crew etc. from this requirement (see diplomatie.gouv.fr).
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- ^ Article 7, Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23 March 2016, p. 1)
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- ^ Article 9 of the Schengen Borders Code (OJ L 105, 13 April 2006, p. 8).
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- ^ Practical Handbook for Border Guards, Part II, Section I, Point 8.6 (C (2019) 7131, 8 October 2019, pp. 68-69)
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External links
- Schengen, Borders & Visas, Visa policy (europa.eu)
- Calculator of travel days remaining under a Schengen short-stay visa (ec.europa.eu) Retrieved 2 March 2014.
- "The Schengen area and cooperation". europa.eu. 3 August 2009. Retrieved 11 September 2011.
- The Schengen Agreement and the Schengen Convention
- Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ L 239, 22 September 2000, p. 19). (Consolidated version).
- Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ L 239, 22 September 2000, p. 13).
- European Union regulations
- Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13 April 2006, p. 1).
- Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21 March 2001, p. 1).
- Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common Manual (OJ L 99, 17 April 2003, p. 8).
- Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14 July 1995, p. 1).
- Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15 September 2009, p. 1).
- Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381, 28 December 2006, p. 4).
- Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6 August 2008, p. 1).
- Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (EUR-Lex - 32016R0399 - EN - EUR-Lex)