Schengen area

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Schengen Space Map
Schengen Space Countries Countries with open borders EU member states required to join the Schengen space

The Schengen Area or Schengen Area (pronounced [ˈʃɛŋən]) It is the area comprising 27 European countries that have abolished border controls at common borders, also known as internal borders. The space was created in 1985 by the Schengen Agreement and began to function in 1995 to abolish the common borders between the member countries and establish common controls abroad in those countries. In practice, the Schengen area functions in migratory terms as a single country, with a common visa policy.

Do not confuse the Schengen area with the European Union (EU), since there are EU Member States that are not part of the Schengen area, while there are other countries that are integrated into the Schengen area and do not belong to the EU. Thus, twenty-three of the twenty-seven EU Member States participate in the Schengen area, and of the remaining four, three —Bulgaria, Cyprus and Romania— have a legal obligation and wish to join the area. In addition, three European micro-states – Monaco, San Marino and Vatican City – maintain border control agreements with EU countries, forming de facto part of the Schengen area.

Freedom of movement between countries in the Schengen area can be temporarily suspended in exceptional circumstances, which has already happened on several occasions. Currently, as a result of the ongoing migration crisis and the terrorist attacks in Paris, a series of of countries have temporarily reintroduced controls at all or some of their borders with other Schengen States. As of February 16, 2016, Austria, Denmark, France, Germany, Norway, and Sweden have imposed controls at all or some of their borders with other Schengen States.

History

These paragraphs are an extract of Schengen Agreement § History.[chuckles]edit]

During the 1980s, a debate began on the meaning of the concept of free movement of people. For some member States, this should be applied only to citizens of the European Union (EU), which meant maintaining border control to distinguish between European and national citizens of third countries. Other member States, on the contrary, wished to establish free movement for all and, therefore, to remove these border controls. In the face of the impossibility of reaching an agreement in the European Community, five of those countries with common borders (France, Germany, Belgium, Luxembourg and the Netherlands) decided in 1985 to create among them a territory without borders: the Schengen space, the name of the Luxembourg city of Schengen—enslaved in an area where it is difficult to move without crossing a border—where the first agreements were signed.

On the basis of this agreement, the same member States developed an agreement — which was signed on 19 June 1990 and entered into force on 26 March 1995 — which completes the agreement and defines the conditions and guarantees of implementation of this free movement. The other States members of the Union (except Ireland and the United Kingdom) signed protocols of accession to the Schengen Convention: Italy, on 27 November 1990; Spain and Portugal, on 25 June 1991; Greece, on 6 November 1992; Austria, on 28 April 1995; and Denmark, Finland and Sweden, on 19 December 1996. The Czech Republic, Estonia, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia joined on 21 December 2007; and Croatia on 1 January 2023. Bulgaria, Cyprus and Romania are not yet full members of the Schengen space: the border controls between these countries and the Schengen space will be maintained until the Council of the EU determines that the conditions for deletion are met.

In addition, several non-EU countries have signed accession agreements to the Schengen Agreement: Norway and Iceland, on 19 December 1996; Switzerland, on 26 October 2004; and Liechtenstein, on 28 February 2008.

On the other hand, measures called “compensatory” were introduced to improve cooperation and coordination between police and judicial authorities to protect the internal security of member States and, in particular, to combat organized crime. In this context, the Schengen Information System (SIS) was created, which is a database that allows the authorities responsible for the Schengen States to exchange data on certain categories of persons and property.

Common management of EU external borders began to be a necessity after the launch of the Schengen space, which eliminated internal border controls among partners in 1995. However, each member State has maintained control over its own territorial limits. For their part, community institutions have little power over the monitoring and management of such borders, although it is vital to ensure the proper functioning of the Schengen space and the European Union's domestic market. Furthermore, the migration crisis in Europe and the COVID-19 pandemic have endangered freedom of movement in the European Union. At the risk of uncontrolled migratory flows or international threats, different national governments have responded with the closure of their borders.

Thus, in the framework of the European Union's Consolidation Project, French President Emmanuel Macron said — during his press conference on the French presidency of the Council of the European Union (2022) — that he wanted "a reform of the Schengen space" with new border protection mechanisms, in the face of migration crises. The Head of State advocated for an EU to “protect its borders” in the face of migration crises by delineating a series of reforms such as the one that seeks to create emergency support mechanisms in the event of a crisis on the border of a member State. This country should “be able to count on Frontex’s support, but also with the solidarity of the member states.”

At the same time, the European Commission presented its proposal for the reform of the Schengen space with which it seeks to make it the community institutions that decide to close the external borders in the event of a health crisis. Thus, such institutions would have the power to apply a uniform policy to phenomena such as those of the COVID-19 pandemic. In addition, the proposal constitutes a step in the federalization of the EU and could eventually serve as a model for the management of other emergencies on the external frontiers. This change would represent a more cession of sovereignty by member States to the EU by losing these control over their borders.

The project points out that it would be the Council of the EU to assume that authority to decree the generalized closure of borders, on the proposal of the Commission and the scrutiny of the European Parliament. The new rule (in addition to article 21 of the Schengen Code) would allow the Commission to propose the closure of external borders as soon as the European Centre for Disease Prevention and Control detects a phenomenon with epidemic potential. Once approved, the closure would be mandatory for all member States.

The von der Leyen Commission also proposed amending articles 25 and 28 of the Schengen Code, which govern the temporary reintroduction of internal border controls.

Member countries

The Schengen area currently consists of 27 states, including four that 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 EU Schengen activities". allowed to subsequently participate in the same way in 2008. Liechtenstein joined the Schengen Area on December 19, 2011. De facto, the Schengen Area also includes three European micro-States—Monaco, San Marino and Vatican City—which maintain open or semi-open borders with other Schengen member countries. One EU member—Ireland—as well as the United Kingdom when it was an EU member, negotiated Schengen exemption clauses and continued to operate the systematic checks of the common border area with other EU Member States. Ireland continues with the exemption after the departure of the United Kingdom from the EU.

The three remaining EU member states – Bulgaria, Cyprus and Romania – are bound to eventually join the Schengen area. However, before fully implementing the Schengen rules, each state should have assessed its state of readiness in four areas: air borders, visas, police cooperation and protection of personal data. This evaluation process consists of a questionnaire and visits by EU experts to selected institutions and workplaces in the country under evaluation.

Gibraltar, which was part of the EU as a territory belonging to the United Kingdom, was not part of the Schengen area as the United Kingdom was not part of it. However, on December 31, 2020, coinciding with the departure of the United Kingdom from the EU, the United Kingdom and Spain reached an agreement for Gibraltar to integrate into this space. Said agreement must materialize in a treaty with the EU within 6 months.

State	Area (km2)	Population	Signature	Date of first implementation
Germany	357 050	81 799 600	14 June 1985	26 March 1995
Austria	83 871	8 414 638	23 April 1995	1 December 1997
Belgium	30 528	11 007 020	14 June 1985	26 March 1995
Croatia	56 594	4 290 612	9 December 2011	1 January 2023
Denmark (excluding Greenland and the Faroes)	43 094	5 564 219	19 December 1996	25 March 2001
Slovakia	49 037	5 440 078	16 April 2003	21 December 2007
Slovenia	20 273	2 048 951	16 April 2003	21 December 2007
Spain (with special provisions for Ceuta and Melilla)	510 000	46 030 109	25 June 1991	26 March 1995
Estonia	45 338	1 340 194	16 April 2003	21 December 2007
Finland	338 145	5 391 700	19 December 1996	25 March 2001
France (excluding Departments, Collectivities and Overseas Territories)	551 695	63 929 000	14 June 1985	26 March 1995
Greece (with exceptions in Monte Athos)	131 990	10 815 197	6 November 1992	1 January 2000
Hungary	93 030	979 000	16 April 2003	21 December 2007
Iceland	103 000	318 452	19 December 1996 18 May 1999	25 March 2001
Italy	301 318	60 681 514	27 November 1990	26 October 1997
Latvia	64 589	2 245 357	16 April 2003	21 December 2007
Liechtenstein	160	36 010	28 February 2008	19 December 2001
Lithuania	65 300	3 207 060	16 April 2003	21 December 2007
Luxembourg	2586	511 840	14 June 1985	26 March 1995
Malta	316	417 608	16 April 2003	21 December 2007
Norway (excluding Svalbard)	385 155	5 063 709	19 December 1996 18 May 1999	25 March 2001
Netherlands (excluding Aruba, Curacao, Sint Maarten and the Netherlands Caribbean)	41 526	16 703 700	14 June 1985	26 March 1995
Poland	312 683	38 186 860	16 April 2003	21 December 2007
Portugal	92 391	10 647 763	25 June 1991	26 March 1995
Czech Republic	78 866	10 535 811	16 April 2003	21 December 2007
Sweden	449 964	9 415 570	19 December 1996	25 March 2001
Switzerland	41 285	7 866 500	26 October 2004	12 December 2008
Space Schengen	4 189 111	417 597 460	14 June 1985	26 March 1995

Areas that are not members of the Schengen area but have open borders with it.

State	Area (km2)	Population
Monaco	2	37 800
Vatican City	0.44	842
San Marino	61	32 576

Partner countries

Associated but not 100% integrated, United Kingdom and other countries not mentioned as member countries that officially belong to the European Union (Bulgaria, Cyprus, Ireland and Romania), only includes the territories of these countries that are within the British Isles and European Continent.

Notes

↑ The original agreement, a later protocol extending the agreement to the state, an agreement on accession to the EU, or the agreement in association with the Schengen acquis.
↑ Provisions relating to the elimination of border controls. In some cases they were applied at the beginning of the Schengen Information System provisions.
↑ East Germany joined the Federal Republic of Germany, joining Schengen on 3 October 1990.
↑ The elimination of border controls took place between 1 December 1997 and 31 March 1998.
↑ Greenland and the Faroes are not included in the Schengen space. However, persons travelling from the Schengen area to the Faroe or Greenland Islands, or vice versa, are not subject to border controls. A Schengen visa does not allow the holder to access any of these territories. Only a Danish visa will be valid with "Valido para las Islas Feroe" or "Válido para Greenland" or both.
^ a b c d e f h i For land borders and ports; from March 30, 2008, also for airports.
↑ The entire Schengen acquis applies to all the Spanish territories, but there are controls on the borders to the departure of Ceuta and Melilla to the peninsular Spain or other Schengen countries due to the specific visa exemption regime (to enter Ceuta or Melilla, but not in the rest of the Schengen space) for Moroccan nationals residing in the provinces of Tetuán and Nador.
↑ The autonomous region of Monte Athos is not bound to comply with the provisions of the Schengen Agreement and, for example, does not allow women access.
↑ The elimination of border controls took place between 1 January 2000 and 26 March 2000.
^ a b c d AELC State, which does not belong to the EU, but is associated with the Schengen acquis.
↑ a b A second agreement, which replaced the first, was signed with Iceland and Norway following the incorporation of the Schengen Agreement into EU legislation with the 1997 Amsterdam Treaty.
↑ The elimination of border controls took place between 26 October 1997 and 31 March 1998.
↑ For land borders and ports; from March 29, 2009, also for airports.
↑ Monaco has a joint border control agreement with France whereby the entry and exit between these two countries does not require special controls or requirements. Monaco only controls the port, as it is an outside border, with these valid controls to enter France.
↑ a b It has a border control agreement with Italy whereby the entry and exit between Italy and these countries does not require special requirements. However, Vatican City and San Marino reserve the possibility of controlling their borders.

Potential members

Cyprus, which joined the EU in 2004, is legally bound to join the Schengen area, although implementation has been delayed due to various disputes. According to former Cypriot Foreign Minister Giorgos Lillikas, "a strict and complete control based on Schengen is going to create great tribulation on a daily basis for Turkish Cypriots", furthermore it is not clear if this control will be possible before the resolution of the controversy. The bases of sovereignty, which are outside the EU, will also need "other types of manipulations and mechanisms". As of March 2011, no date had been set for the implementation of the Schengen rules by Cyprus.

While Bulgaria and Romania, which joined the EU in 2007, are also legally bound to join the Schengen area, implementation has been delayed. Offers from Bulgaria and Romania to join the Schengen zone were approved by the European Parliament in June 2011, but rejected by the Council of Ministers in September 2011, with the governments of the Netherlands and Finland citing concerns over deficiencies in anti-corruption measures and in the fight against organized crime. Concern has also been expressed about the possible influx of irregular migrants through Turkey to Bulgaria and Romania and then to the Schengen countries. Although the original plan was for the Schengen area to open its air and sea borders with Bulgaria and Romania in March 2012, and land borders by July 2012, opposition from Germany, Finland and the Netherlands continued, which has delayed the entry of both countries to the Schengen area.

With Croatia's accession to the EU on July 1, 2013, the country was also legally bound to eventually join the Schengen area. In March 2015, then Croatian Interior Minister Ranko Ostojić said that his country was ready to join the Schengen area. He said he would request the EU to carry out a technical assessment, which would take a year and a half, starting on July 1, 2015. In 2022, it was confirmed to be in compliance with EU recommendations, so his entry to the Schengen area materialized on January 1, 2023.

The influx of refugees and illegal migrants from Greece via Macedonia and Serbia to Croatia and then to current Schengen member states such as Slovenia, Austria and Hungary, as part of the 2015 European migration crisis, have led some to the question of whether there will be the necessary political consensus for the future expansion of the Schengen area in this environment. In September 2015, Hungary threatened to veto Croatia's accession to the Schengen area after it allowed migrants to transit through the country to Hungary. On December 8, 2022, the interior ministers of the European Union approved Croatia's entry into the Schengen area as of January 1, 2023, when land and sea border controls between Croatia and the country were removed. the other countries of the Schengen area. Internal air border controls will be eliminated as of March 26, 2023.

State	Area (km2)	Population	Signature	Estimated date of decision	Obstacles
Bulgaria	110 994	7 364 570	25 April 2005	2015By mid-2016	The lack of consensus by the Council of Ministers on whether the criteria for accession have been met.
Cyprus	9251	1 099 341	16 April 2003	By mid-2016	Cyprus Border Disputes
Romania	238 391	20 121 641	25 April 2005	By mid-20162015	The lack of consensus by the Council of Ministers on whether the criteria for accession have been met.

Notes

↑ EU accession agreement.
↑ Time required for the decision of the Council.

Territories of States outside the Schengen area

See also: European Union Special Territories

There are territories of the Member States that are exempt from the Schengen Agreement. There is no area outside of Europe (except for the Canary Islands, the Azores, and Madeira) as part of the Schengen area. Some areas of Europe are also excluded.

French Overseas Territories

The French overseas departments of French Guiana, Guadeloupe, Martinique, Mayotte and Reunion, and the overseas collectivity of Saint Martin are part of the European Union, and as such are part of the Schengen territory, with freedom of movement that the provisions of the EU apply in these territories, but each territory operates its own visa regime for the zone that does not belong to the European Economic Area (EEA), like Switzerland. While a visa valid for one of the Schengen countries will be valid for all, the visa waiver lists in these territories differ. A Schengen visa, even issued by France, is not valid for these territories. A Sint Maarten visa (which is valid for travel to the Dutch part of the island of Saint Martin) is also valid for the French side. France also has several territories that are neither part of the EU nor the Schengen area. These are: French Polynesia, French Southern and Antarctic Lands, New Caledonia, Saint Pierre and Miquelon, and Wallis and Futuna.

Kingdom of the Netherlands

Only the European territory of the Netherlands is part of the Schengen area. Six Dutch territories in the Caribbean are outside the area. Three of these territories—Bonaire, Saint Eustatius, and Saba (collectively known as the BES Islands)—are special municipalities within the Netherlands. The other three—Aruba, Curaçao, and Sint Maarten—are autonomous countries within the Kingdom of the Netherlands. All the islands retain their status as overseas countries and territories and therefore are not part of the European Union. All six territories have a separate visa system from the European part of the Netherlands and people traveling between these islands and the Schengen area are systematically subjected to identity checks.

Kingdom of Norway

Svalbard is part of Norway and has special status under international law. It is not part of the Schengen area. There is no visa regime in Svalbard, whether for entry, residence or work, but it is difficult to visit Svalbard without having to travel through the Schengen area, although there are charter flights from Russia. In 2011, the Norwegian government imposed identity checks on people wishing to enter and leave Svalbard, with the border between Svalbard and the rest of Norway being treated as an external Schengen border. A Schengen visa must be multiple-entry for allow return to Norway, as entry into Svalbard means leaving the Schengen area. There is no welfare or asylum system for immigrants in Svalbard, and people unable to support themselves may be sent back.

Kingdom of Denmark

The Danish territories of the Faroe Islands and Greenland are not part of the European Union or the Schengen area, and visas to Denmark are not automatically valid in these territories. However, both territories lack border controls, and airlines or shipping companies are responsible for carrying out documentation checks before boarding, as is common for travel within the Schengen area. Citizens of Denmark, Finland, Iceland, Norway or Sweden can travel between the Faroe Islands, Greenland and the rest of the Nordic Passport Union using any acceptable form of identification.

EU members with opt-out options

EU member states participating EU member states that do not participate but are bound to join EU member states with an exclusion clause Non-EU member States participating Non-EU member States that de facto participate Non-EU member states with an open border

Ireland and the UK were the only EU members not to have signed the Schengen Agreement before the 2004 enlargement. Both countries maintain a common transit zone for passport-free travel between themselves and the three British crown dependencies of Jersey, Guernsey and Isle of Man, which are outside the European Union.

The UK refused to sign the Schengen Agreement, arguing that, for an island nation, border controls are a better and less intrusive way to prevent irregular immigration than other measures, such as passport credentials. identity, residence permits and registrations with the police, which are appropriate for countries with "extensive and porous land borders". Ireland did not sign the Schengen Agreement, as "it was not in the It is in the interest of Ireland to have a situation in which to end the common circulation area with Great Britain, which would impose entry and exit controls on passengers traveling between here and Great Britain and, moreover, at the land border (with Southern Ireland). North)".

When Schengen was subsumed into the European Union by the Treaty of Amsterdam, Ireland and the UK obtained an opt-out clause from the part of the treaty that incorporated Schengen rules (or acquis communautaire) into EU law. Under the relevant protocol, Ireland and the United Kingdom will be able to request their participation in aspects of the Schengen acquis, but this is subject to the approval of the Schengen States.

The United Kingdom formally applied to participate in some provisions of the Schengen acquis—Title III relating to police security and judicial cooperation—in 1999, and this request was approved by the Council of the European Union on May 29, 2000. The UK's formal participation in previously approved areas of cooperation came into effect by a 2004 Council decision, which came into force on 1 January 2005.

In contrast, while Ireland initially submitted a request to participate in the Schengen acquis in 2002, which was approved by the Council of the European Union, that decision has not yet been carried out. In February 2010, the Irish Minister for Justice, in response to a parliamentary question, said that "measures which would enable Ireland to meet Schengen requirements are currently progressing.

An earlier 1999 report by the House of Lords European Union Select Committee recommended "full UK participation" in all the various four titles of the Schengen Implementing Convention.

Gibraltar, which was part of the EU as a territory under the control of the United Kingdom, is not part of the Schengen area, as the United Kingdom is not part of Schengen. Citizens of EU and Schengen countries can enter Gibraltar without a visa during the transition period after the United Kingdom left the European Union, since it was part of the EU, but citizens of third countries may need an independent visa, not being valid the Schengen or United Kingdom visas. Spain applies border controls with Gibraltar as it is not a Schengen area, but in the case of Schengen visas, a multiple entry visa is not required to return to Spain, since it considers it part of its territory (see Gibraltar territorial dispute) and therefore both consider that by entering Gibraltar you are not abandoning the country.

Status of European micro-states

Three European micro-states—Monaco, San Marino and Vatican City—can be considered de facto as within the Schengen area. They do not have border controls with the Schengen countries that surround them, but they are not officially part of Schengen. Some national laws contain the text "countries against which border control is not carried out based on the Schengen Agreement and EU Regulation 562/2006", which in turn includes micro-States and other areas outside the EU with open borders.

Liechtenstein has been a member of the Schengen Area since 2011. However, Liechtenstein does not issue visas, and recommends that visitors apply for a visa in another Schengen country, for example Switzerland. Liechtenstein does not have border control at the Balzers heliport, so it can only accommodate flights from within the Schengen area.

The other four micro-States that are not party to the Schengen Agreement cannot issue Schengen visas and are not formally part of the Schengen area.

Monaco has a joint border control agreement with France, so the controls carried out when entering France or any other Schengen country are valid to also enter Monaco without the need for new controls or visas. Under this agreement, the French authorities (sometimes with the collaboration of the Monegasque ones) carry out border controls in the ports and heliports of Monaco (only external borders) to verify the right of people and goods to enter or leave Monaco. Schengen. Thus border controls de facto make Monaco act as a territory of the Schengen area.

San Marino and Vatican City are two landlocked states surrounded by Italy. Since it is necessary to cross Italy to enter these countries, these States have agreements with Italy that allow the freedom of movement of people between them regardless of nationality, since citizens of third countries must meet the requirements requested by Italy (and therefore by Schengen) to be able to cross Italy. For this reason, both can be considered de facto as within the Schengen area. San Marino and Vatican City do not have border controls for non-Schengen arrivals, but these are not necessary as neither have airports or seaports. Italy, by law, prohibits all helicopters that fly over its territory from crossing to or from San Marino or Vatican territory. San Marino has an open border with Italy, although some random police (non-border) checks are made by the San Marino Guardia di Finanza and Guardia di Rocca. Vatican City has an open border with Italy. In 2006 it expressed interest in joining the Schengen Agreement for closer cooperation in information exchange and similar activities covered by the Schengen Information System. Very exceptionally, Italy has allowed visiting Vatican City, without being accepted for an Italian visa, being escorted by the Italian police between Fiumicino airport and the Vatican, or using a helicopter, although always on condition that the Italian police could verify compliance with the Schengen regulations during the entire stay in the Vatican.

Andorra maintains border controls with France and Spain. Citizens of EU countries are required to have any of their national identity documents or passports to enter Andorra, while any other person requires a passport or equivalent. Schengen visas are accepted, but travelers 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. There are border controls in the other direction as well, but more focused on customs control (Andorra has 4% VAT).

As of 2015, Andorra, Monaco and San Marino are negotiating an association agreement with the EU. Andorra's ambassador to Spain Jaume Gaytán has said that he hopes the agreement will include provisions to make member states associate to the Schengen Agreement.

Regulation of internal borders

Dos señales de tráfico en un tramo abierto de una carretera de dos carriles.

A typical Schengen border crossing has no border control and only has a common EU state signal showing the name of the country to which it enters, as in this case between Germany and Austria. The large blue signal announces the entry to the Federal Republic of Germany in German. The smallest white sign, announces the entry into the German state of Bavaria.

Wikimedia Commons hosts a multimedia category Space Schengen.

Prior to the implementation of the Schengen Agreement, most of the borders in Europe were patrolled and a vast network of border posts existed across the continent to check the identity and rights of people wishing to travel from one country to another..

Since the implementation of the Schengen rules, border posts have been closed (and often removed entirely) between participating countries; the above and the pro forma borders are the subject of a photojournalistic art project. The Schengen Borders Code requires participating States to remove all obstacles to free movement at internal borders. Therefore, on roads, rail and aircraft, passengers no longer have to check their identity with border guards when traveling between Schengen countries, although airline security checks are still permissible. Travelers must still present a passport or national identity card, as it may be required.

Internal border controls

Although travelers within the Schengen area no longer need to show documents at an internal border (although there have been some controversial cases where they have had to), the laws of most countries still allow them to do so. they make it mandatory to carry identity documents. Therefore, foreigners with a valid residence permit in a Schengen state and who carry valid documents can travel within the territory and do not need any special permission to do so. It is the obligation of all those traveling within the zone to be able to show a fully valid form of personal identification (identity document) approved by other Schengen States.

According to 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 hand-filled registration form. This does not apply to spouses and accompanying minor children or members of travel groups. In addition, a valid identification document has to be shown to the hotel manager or staff. The Schengen rules do not require any other procedure; therefore, Schengen States are free to regulate further details about the content of the registration forms, and identity documents to be produced, and may require that persons exempted from the duty of notification by Schengen laws are not registered. The application of these rules varies by country.

The Schengen regulation on internal borders describes the controls for foreigners carried out by the police at the appropriate places within each country.

Customs controls

The European Union constitutes a customs union and a common zone of Value Added Tax. The effect of these provisions is to prohibit systematic taxes, customs controls and the administrative processing of goods at the borders between EU Member States. Consequently, the borders between the Schengen States that are full members of the EU have become virtually invisible. However, not all Schengen States or the entire territory of Schengen States are part of the customs union area or the Value Added Tax, so some controls on goods entering or leaving the customs union and VAT common area are unavoidable. Some other countries want to have customs controls for illegal goods, such as drugs. To prevent customs checks from becoming passport checks at internal Schengen borders, the Schengen Borders Code prohibits systematic tax and personal 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 airlines are only authorized to carry carry out security checks on passengers and may not carry out controls at the borders. This type of security checks can be carried out by verifying the passport or national identity document of the passenger. This practice should be used to verify the passenger's identity (for commercial or transportation security reasons) and not their immigration status. For this reason, law enforcement agencies, airport authorities and airlines cannot require passengers to airlines that fly through the Schengen area and are citizens of third countries, having to prove the legality of their stay by showing a visa or p residence permit. In addition, according to the guidelines of the European Commission, the identity control of air passengers who fly through the Schengen area must take place only at the time of check-in or at the time of entry to the security zone of the airport, or at the boarding gate: passengers should not be required to undergo identity verification on more than one occasion before their flight through the Schengen area.

However, identity checks still function as practical border controls, and are a problem for illegal immigrants who arrive in Greece (which has no land border to another Schengen country) and want to go to some other country of Schengen. The requirements as to which identity document to possess vary according to the country and the airline. A passport or EU national identity card is normally required. Greece, Iceland and Malta do not have land borders with other Schengen countries.

There are certain flights between Schengen countries that are considered non-Schengen flights. For example, travelers flying LAN between Madrid-Barajas and Frankfurt airport to go via Schengen are required to exit Madrid and Schengen border entry controls upon arrival in Frankfurt because the route originates in Santiago (Chile) and German authorities would have no way of differentiating between arriving passengers who embarked in Santiago and those who joined in Madrid.

Temporary border controls

A Schengen State is allowed to reintroduce border controls with another Schengen country for a short period, when there is a serious threat to "public order or internal security" of that state or when "control of an external border is no longer ensured due to exceptional circumstances". When such risks arise from foreseeable events, the state concerned must notify the European Commission in advance and consult with other Schengen States.

In April 2010 Malta introduced temporary controls due to the visit of Pope Benedict XVI.

Estonia introduced temporary controls in September 2014 due to a visit by US President Barack Obama.

In response to the migration crisis in Europe, several countries have established enhanced border controls.

In 2019, Denmark established checks on its borders with Sweden due to serious attacks by Swedes. The checks were initially scheduled for six months.

Current controls on internal borders

Current controls at internal borders according to the information that Member States have provided to the European Commission.

Member State	Internal borders in question	Reason	First day	Last preliminary day
Denmark	All internal borders, with special attention to the transshippers of Germany and the border with Germany.	Migration crisis in Europe	04-01-2016	23-02-2016
Norway	All borders with the focus on ports with ferry connections to Norway across the internal borders.	Migration crisis in Europe	26-11-2015	15-03-2016
France	Ground and air frontiers	Paris Attacks November 2015	13-11-2015	27-03-2016
Sweden	All borders, with special emphasis on ports located in the south and the Öresund bridge between Denmark and Sweden.	Migration crisis in Europe	12-11-2015	09-03-2016
Austria	All borders, with a special focus on the land boundary between Slovenia and Austria.	Migration crisis in Europe	16-09-2015	16-03-2016
Germany	All borders, with the focus on the land boundary between Germany and Austria.	Migration crisis in Europe	13-09-2015	13-05-2016

French controls against immigrants from North Africa

After the 2010-11 Tunisian Revolution, the Italian government gave six-month residence permits to some 25,000 Tunisian migrants. This allowed migrants to travel freely within the Schengen area. In response, both France and Germany threatened to impose border controls, not wanting Tunisian refugees to enter their territory. In April 2011, for several hours, France blocked trains carrying migrants at the French border. / Italian in Ventimiglia.

At the request of France, in May 2011 the European Commissioner for Home Affairs, Cecilia Malmström proposed that greater latitude be available for the temporary reinstatement of border control in the event of strong and unexpected migratory pressure, or the failure of a state to protect the external borders of the EU.

On 25 July 2011, at the delivery of the European Commission's final assessment of the measures taken by Italy and France, the European Commissioner for Home Affairs said, "from a formal point of view, the measures taken by the Italian and French authorities have been in compliance with EU law. However, I regret that the spirit of the Schengen rules has not been fully respected". Ms Malmström also called for a more consistent interpretation of the Schengen rules and a stronger evaluation and reporting system. monitoring of the Schengen area.

2015 Migration Crisis

During the migration crisis of September 2015, Germany announced that it was temporarily reintroducing border controls, in line with the provisions on temporary border controls established by the Schengen acquis. Such border controls appeared to be an attempt to prevent the crisis from getting worse. Open borders appeared to have impeded Germany's ability to provide a place for large numbers of people seeking refuge. Germany points out that the border controls are only temporary, and to support an orderly flow of migration in the area.

Other countries, such as Austria, Denmark, Hungary, Slovenia, Sweden and Norway have established border controls in response to the crisis.

In December 2015, Sweden passed a temporary law that allows the government to force all transport companies to verify that their passengers carry valid photo identification. The new law entered into force on December 21, 2015 and is valid until December 21, 2018. The government decided that the new rules would apply from January 4, 2016 to July 4, 2016. The new law led to the change of trains and the mandatory passage through border control at Copenhagen Airport for travelers between Copenhagen and Sweden, with a reduction in the frequency of the service.

2015 Paris Attacks

During the November 2015 terrorist attacks in Paris, France introduced comprehensive identity and nationality checks on its borders.

Regulation of external borders

Passport control on a Schengen outer border in Finland.

Participating countries are required to apply strict controls to travelers entering and leaving the Schengen area. These controls are coordinated by the Frontex agency of the European Union, and subject to common rules. Details of border controls, surveillance and the conditions under which permission to enter the Schengen area can be granted are detailed in the Schengen Borders Code.

Border controls

All people crossing external borders – incoming or outgoing – need to be subject to at least a minimum of checks, even if travelers are not from the EU, the European Economic Area (EEA) or Switzerland, or members members of your family with free movement rights must, in general, be closely monitored. The only exception is for regular cross-border workers (both those with free movement rights and third-country nationals) who are well known to border guards: once an initial check has shown that there is no alert for the record related to them in the Schengen Information System or national databases, they can only be subject to occasional checks " random", instead of systematic checks every time they cross the border.

Under "exceptional" or "unforeseen" where waiting times become excessive, external border control can be temporarily relaxed.

On November 20, 2015, during a meeting of the Council of the European Union, the interior ministers of the member states decided, in light of the recent terrorist attacks in Paris, to "immediately implement the necessary systematic and coordinated checks at the external borders, in particular on persons enjoying the right of free movement.

Border guards carry out the following procedures to check travelers crossing the external borders:

Procedure	Minimum control	Control Myself. (at the entrance)	Control Myself. (in the exit)
Check the identity of the traveler based on your travel document.	Yes (the cheque must be "fast" and "direct")	Yes.	Yes.
Check that travel documents are valid and have not expired.	Yes (the cheque must be "fast" and "direct")	Yes.	Yes.
Review of the travel document for signs of forgery or alteration.	Yes (the cheque must be "fast" and "direct")	Yes.	Yes.
Review of the travel document for signs of forgery or alteration in the use of technical devices (e.g., UV rays, magnifying lenses)	Optional (check must be "fast" and "direct")	Optional
Review of the travel document with the list of stolen, subtracted, lost and annulled documents in the Schengen Information System and other national databases.	Optional (check must be "fast" and "direct")	Optional
Consultation of the Schengen Information System and other national databases to ensure that the traveler does not pose a threat to internal security, public order, international relations of Schengen member States or a threat to public health.	Optional (on a strictly 'non-systematic' basis where such a threat is "genuine," "presents" and "sufficiently serious")	Optional
Entry and exit recording of travelers in a database (Please note that, as of February 2013, entries and outputs only 11 Schengen member States —Estonia, Finland, Greece, Hungary, Latvia, Lithuania, Malta, Poland, Portugal, Slovakia and Spain — register third-country nationals in their national databases, but the data is not exchanged between national databases in these countries, nor does there exist a centralized Schengen database of entry and exits. Only Poland systematically records entries and departures from EU, EEA and Switzerland nationals.	Optional
Travel document marking	No.	Yes (with specific groups)
Check that the traveler has the appropriate visa/residency (if necessary)	No.	Yes.	Optional
Checking the authenticity of the short-term visa (if necessary) and the identity of the holder by consulting the Visa Information System.	No.	Yes.	Optional
Review of entry and exit stamps in the travel document to ensure that the traveler has not exceeded the maximum duration of the authorized stay	No.	Yes (with some exceptions)	Optional
Verification of the starting point and destination of travellers	No.	Yes.	No.
Verification of the traveler ' s journey	No.	Yes (with some exceptions)	No.
Verification of any of the documents/tests to support the purpose of the traveler's stay.	No.	Optional (with some exceptions)	No.
Verification that the traveller has sufficient funds for his stay and for return journey (or is in a position to legally obtain such means)	No.	Yes (with some exceptions)	No.

As shown in the table above, because many procedures are optional, border guards are free to decide how rigorously they screen travelers at outer border crossings. As a result, the length of time required to carry out checks differs between Schengen countries. For example, an entry control for a citizen of the European Union, the European Economic Area (EEA) or Switzerland takes around five seconds on average in Italy, while in Norway, on average, it takes around 1 minute. The disparities in the controls of the citizens of third countries are even greater. For example, an entry check of a national Annex II takes around 15 seconds on average in Greece, while it takes three to five minutes on average in Slovakia. Similarly, an entry check of a national Annex I on average it lasts around 30-60 seconds in the Netherlands, while in Latvia, it lasts around two to five minutes on average.

When carrying out checks at the external borders, border guards are required by law to respect the dignity of travelers (particularly in cases of vulnerable persons) and are prohibited from discriminating against people based on their sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

Controls at external borders are located on roads crossing a border, at airports, at seaports and on trains. There is usually no fence along the land border, but there are exceptions such as the Ceuta border fence, and some places on the eastern border. However, surveillance camera systems, some equipped with infrared technology, are found in some more critical points, for example, on the border between Slovakia and Ukraine, where at some points there is a camera every 186 meters (203 yd).

All travelers arriving from outside the Schengen Area using their own plane or ship, have to go directly to an airport or seaport that has border control. This is a difficult gap to prove, and large-scale drug smuggling using sailing ships has been found. Along the southern coast of the Schengen countries, the coast guards make substantial efforts to prevent private vessels from entering without permission.

At many external border crossing points, there are special lanes for EU, EEA and Swiss citizens (as well as their family members) and other lanes for all other travellers, regardless of nationality. At some points When crossing the external borders, there is a third type of lane for travelers who are Annex II citizens (i.e. non-EU/EEA/Swiss citizens who are exempt from the visa requirement). Andorra and San Marino citizens are not EU or EEA citizens, however they can use the special lanes designated for EU, EEA and Swiss citizens.

At the following external border crossing points, automated border gates are available for EU, EEA and Swiss citizens aged 18 and over in possession of biometric passports:

Brussels Airport
Prague airport Václav Havel t
Tallinn Airport
Helsinki Airport Helsinki Port and Vaalimaa (Also available for passport holders from Australia, Canada, Japan, New Zealand, South Korea and United States biometric passports at Helsinki Airport, as well as Russian citizens at Helsinki Port.)
Airport of the Province of Marseille, Paris-Charles de Gaulle Airport and Paris-Orly Airport (also available for EU headlines, the EEE and a Swiss non-biometric passport reading machine, as well as for members of the EU family, the EEE and Swiss citizens with residence permit marked as 'Member of the family of the EU citizen'. All users who do not have a French biometric passport need to register first.
Hamburg Airport, Berlin-Tegel Airport, Düsseldorf Airport, Köln/Bonn Airport, Frankfurt Airport and Munich Airport (Also for biometric identity card holders in Germany, Hong Kong and United States with passport)
Riga Airport
Amsterdam Schiphol Airport (Automated recognition of the Privium border control iris and is available to registered U.S. citizens who are members of Global Entry and diplomatic passport holders)-
Oslo Gardermoen Airport
Faro Airport, Funchal Airport, Lisbon Portela Airport, Ponta Delgada Airport, Porto Airport, (also for holders of a non-Portuguese biometric passport, Portuguese identity card, passport of Angola, Brazilian passport or passport of the diplomatic service to the Portela Airport of Lisbon).
Aeropuero de Barcelona El Prat, Madrid-Barajas Airport, Malaga Airport and the entrance and exit controls on the land border of Gibraltar (also for the holders of a Spanish identity document).

Among the additional obligations imposed by European legislation on national border authorities when dealing with travelers who are citizens of third countries, for example the obligation to stamp their travel documents, the development of systems of automated border controls that are available to these types of travelers. As shown in the above-mentioned examples of automated border control systems that have been developed at the external border crossing points of the Schengen area, national border authorities have been able to adapt the design of these to allow citizens from third countries that make use of them. One solution is to have a border guard, physically positioned next to the automated border gates who can eradicate travel documents when necessary: this approach has been taken by the Finnish border guard at the automated border posts at the airport of Helsinki, where eligible users (who are required to receive a passport stamp) include holders of Australian, Canadian, New Zealand, South Korean and United States biometric passports, as well as by the Serviço de Estrangeiros e Fronteiras Portuguese at automated border checkpoints at Lisbon airport, where eligible users include Angolan and Brazilian passport holders and diplomatic/service passport holders.

A similar but slightly different solution has been adopted by the Royal Dutch Gendarmerie in the Privium iris recognition of automatic border gates at Schiphol Airport, Amsterdam (where eligible users include EU/EEA/Swiss citizens, United States who are members of Global Entry, and all registered nationals who are holders of diplomatic passports), as well as by the German Federal Police at the ABG Plus automated iris recognition border ports at Frankfurt Airport (where eligible users include registered EU/EEA/Swiss citizens and US citizens who are members of Global Entry): when eligible third country citizens additionally use Privium/ABG, after their iris is scanned and verified, a different gate is opened for EU/EEA/Swiss citizens and third country nationals to proceed to a lane that it brings them to the front of the manual passport check line at immigration counters, where official border stamps are affixed to users' passports.

Another possible solution would be to design automated border gates to print a sheet of paper with an entry or exit stamp on it, as well as the user's name and travel document number, provided the user is a traveler who is subject to the obligation to have their stamped travel document. At the Port of Helsinki, the Finnish border guard has adapted the design of the automated border gates to increase the probability of including Russian citizens (who, being Schedule I nationals, require a visa) by forcing them to scan both the personal details page and the visa inside their passport, then take a step to the gate for facial recognition and fingerprint recognition, and then the gate opens. Open to approach a border agent who will stamp your passport.

Sometimes, external border controls are located in non-Schengen territory, but within the EU. For example, France operates border controls in juxtaposed checks on travelers leaving the UK for the Schengen area before boarding their train or ferry at St. Pancras, Ebbsfleet International and Ashford International railway stations, as well as at the Port of Dover. and Eurotunnel terminal Cheriton. Some controls for British transit are in Belgium.

Schengen rules require all carriers of passengers across the external Schengen border to check, prior to boarding, whether the passenger has the necessary travel document and visas for entry. This is to prevent people apply for asylum at passport control at airports or ports in the Schengen area. There are sanctions against carriers who transport foreigners without proper travel documents.

Short stays and transit visas

Schengen visa demand according to nationality Schengen States Other EU members outside the Schengen area but bound by the same policy of visas and special territories of EU member states and Schengen EU members with an independent visa policy Free visa-free access to Schengen States for 90 days. (EC 539/2001 Annex II) A visa is required to enter the Schengen States. (EC 539/2001 Annex I) A transit visa is required by the Schengen States. (EC 810/2009 Annex IV) Unknown status.

Nationalities that require visa for a stay less than 90 days are part of the Annex Iwhile non-requiring nationalities are part of the Annex II.

beneficiary countries Annex II

Andorra, Antigua and Barbuda, Argentina, Australia, Bahamas, Barbados, Brazil, Brunéi, Canada, Chile, Colombia, South Korea, Costa Rica, Croatia, El Salvador, Guatemala, Honduras, Israel, Japan, Macedonia, Malaysia, Mauritius, Mexico, Monaco, Montenegro, Nicaragua, New Zealand, Panama, Paraguay, Peru, San Cristóbal and Nieves, San Marino, Serbia*, Seychelles, Singapore, Uruguay, Vatican and Venezuela.

Document of rail transit.

The rules applicable to short-term entry visas in the Schengen area are established in the EU Regulation, which contains two lists: a list of nationalities (or support classes of the travel document) that require a short-stay visa (annex I) and a list of those who do not need one (annex II list).

Being included in the visa exemption list can sometimes, but not always, exempt the nationality or type listed from the obligation to obtain a work permit and, if they so wish, access a job or activity for own account during your stay; business travel is not normally considered employment in this sense.

Schengen Visa Fee

In accordance with the European Union guidelines, any application for a Schengen visa must be accompanied by a payment of visa fees. Processing fees (+ Visa) must be paid on the day the application is submitted and is normally paid only in the local currency equivalent. They are non-refundable, regardless of the outcome of the application. However, discounted fares are provided to some groups: official pupils/students on a school excursion/university, spouses and minor children of EU citizens, and children under six years of age, regardless of their nationality.

Entry conditions for citizens of third countries

A Schengen visa or visa waiver does not, in itself, entitle a traveler to enter the Schengen area. The Schengen Borders Code lists the requirements that third-country nationals must meet that will allow them to enter the Schengen area. For this purpose, a third country citizen is a person who does not enjoy the right of free movement (i.e. a person who is not from the EU, EEA or Switzerland, nor a family member of that person who is in possession of a residence permit with the indication "family member of an EU citizen" or "family member of an EEA or CH citizen").

It is expected that by the end of 2023 the ETIAS travel visa will be implemented for stays of no more than 90 days. Entry requirements for third-country nationals intending to stay in the Schengen area for no more than 90 days in any 180-day period are as follows:

It is in possession of a valid travel document or documents permitting the crossing of the border (apart from the U.S. legal document, a visa is not considered a travel document in this regard); the acceptance of travel documents for this purpose remains within the domain of member States.
The travel document must be valid for at least 3 months after the scheduled departure date of the Schengen area (although in a case of urgency justified this obligation may be waived) and must have been issued within the last 10 years.
The traveler has either a valid visa (if necessary) or a valid residence permit.
The traveler may justify the object and conditions of the intended stay and has sufficient means of subsistence, both for the duration of the expected stay and for the return to his country of origin or the transit to a third country where the traveler is considered to be admitted, or is in a position to obtain such means legally.
The Schengen Information System does not contain a description of the effects of the entry relative to the traveler, and
The traveler is not considered a threat to public order, national security, public health or international relations of one of the Schengen States.

However, even if the third-country national does not meet the above criteria, admission may be granted:

For humanitarian reasons.
For reasons of national interest.
Because of international obligations.
If the person is not in possession of a visa, he or she meets the criteria for a visa being issued at the border.
If the person is holder of a residence permit or a return visa issued by a Schengen State.

Border guards are required to stamp the travel documents of third-country nationals crossing external borders at all times, even in extraordinary and unforeseen circumstances, such as when controls are relaxed. However, border guards Citizens of Andorra, Monaco, San Marino and Vatican City are exempt from this requirement, as are heads of state, whose visits were disclosed through diplomatic channels, and holders of border traffic permits and residence permits. Certain exceptions also apply to the crews of ships and aircraft. Third-country nationals who otherwise meet all the criteria for admission to the Schengen area should not be denied entry for the sole reason of that there is no empty space left in your travel document to affix the seal; instead, the stamp should be affixed to a separate sheet of paper.

Departure seal for air travel issued at Prague airport.
Departure seal for train journey, issued at the train station Bad Schandau.
Exit seal for road trip, issued at the Korczowa border crossing.
Departure seal for maritime travel, issued in the port of Helsinki.

Stays of more than 90 days

For stays in the Schengen area such as those exceeding 90 days, a citizen will need to hold a long-stay visa for a period not exceeding one year, or a residence permit for longer periods. A long-stay visa is a national visa, which is issued according to a uniform format. Grants the right to enter the Schengen area and remain in the issuing State for a period greater than 90 days, but not more than one year. If you want a Schengen state to allow a long-term visa holder to stay there for more than a year, the state must issue you a residence permit.

The holder of a long-term visa or a residence permit has the right to move freely within other States that comprise the Schengen area for a period of up to three months in the same semester. Citizens of a third country Long-term residents of a Schengen state can also acquire the right to move and settle in another Schengen state without losing their legal status and social benefits.

Asylum seekers seeking international protection under the Geneva Convention from a Schengen member state are not granted a residence permit, but are issued, within three days of the application, a authorization to stay on the territory of the Member State while the application is pending or is being examined. This means that while their asylum application is being processed, asylum seekers are only allowed to stay in the Schengen member state where they have applied for asylum and do not have the right to move freely within other states comprising the Schengen area

Selected applicants who have been granted international protection by a Schengen member are issued residence permits that are valid for at least three years and are renewable, while applicants who were granted protection subsidiary by a Schengen member state are issued residence permits valid for at least 1 year and are also renewable, unless there are reasons related 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 may be shorter. Applicants who have been granted temporary protection for a Schengen Member State (as well as their reunited family) are issued residence permits valid for the entire period of temporary protection.

However, some third-country nationals are allowed to stay in the Schengen area for more than 90 days without applying for a long-stay visa. For example, France does not require citizens of Andorra, Monaco, San Marino and Vatican City to apply for a long-stay visa.

Furthermore, Article 20(2) of the Convention Implementing the Schengen Agreement allows "in exceptional circumstances" and for bilateral agreements entered into by individual signatory states with other countries before the convention entered into force these continue to apply. As a result, for example, New Zealand citizens are allowed 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, Netherlands, Norway, Poland, Portugal, Spain, Sweden and Switzerland) that have already concluded bilateral visa waiver agreements with the Government of New Zealand before the convention entered into force, without the need to apply for long-stay visas, but if you travel to other Schengen countries for 90 days within a 180-day time limit, that limit applies.

Entry conditions for family members from third countries of the European Economic Area (EEA)

The right of entry to the European Economic Area (EEA) and Switzerland (includes all EU, EEA and Swiss countries) without additional visa which was extended to third country family members of citizens EEA citizens exercising their right of free movement so that they possess a valid residence card from their EEA host country and the desire to visit any other EEA member state for a short stay of up to 90 days is guaranteed. This is implicit in Directive 2004/38/EC and Article 5(2), provided they are traveling together with the EEA citizen or their spouse/partner at a later date (Article 6(2)). If the non-EEA family member has neither an EEA residence card nor a visa, but can show their family link to the EU national by other means, then the visa should be issued at the border free of charge and allow entry.

However, this requirement (as of December 2008) has been correctly adapted by Belgian, Latvian and Swedish law, and has not been adapted at all by Austria, Denmark, Estonia, Italy, Lithuania, Germany and Slovenia. Five Member States (as of December 2008), do not follow the Directive in the sense that EEA family members may not yet have difficulties (denied boarding of the ship by the shipping company, refusal to enter by the border police, etc.) when traveling to those States using your residence card acquired in another EU country. Visa or other documents may still be required.

For example, the UK interprets "resident card" in Article 5(2) of the Directive in the sense of a "UK" residence card, and ignores other cards, and instead applies for an "EEA family leave& #3. 4; contrary to the Directive. Showing the family tie to the EU citizen by other means (as mentioned above) should circumvent this. Denmark and Ireland do not prescribe that a valid residence card will exempt non-EEA family members from the visa requirement. Spain only allows residence cards from Schengen countries, and therefore letters from the UK, Ireland, Bulgaria, Romania, and Cyprus are not allowed. Spanish law is not in compliance with the Directive. Austria, as well as the UK, appear to require a permanent residence card issued by the Austrian authorities to enter without a visa.

As of April 6, 2015, non-EU family members of an EU citizen who are in possession of a residence card, which was issued to them under Article 10 of Directive 2004/38/EC, are entitled to enter the UK without the need to apply for an EEA family permit or visa, just by taking care of their residence card at the border. However, UK border officers will grant entry to non-EU family members if they can prove their relationship to the accompanying EU national family member by providing documents such as a marriage certificate or birth certificate.

Local border traffic at the external borders

Schengen States that share an external land border with a non-EU Member State are authorized under EC Regulation 1931/2006 to enter into or maintain bilateral agreements with neighboring third countries for the purposes of applying a traffic regime border traffic. Such agreements define a border area that can extend up to a maximum of 50 kilometers (31 mi) on both sides of the border, and provide for the issuance of border traffic permits to residents of the non-Schengen part of the border area. The permits can be used to cross the external border within the border zone, they are not entry or exit stamps for the Schengen area and must show the name and photograph of the holder, as well as a statement that the holder is not authorized to travel outside the border area and that any improper use will be subject to sanctions.

Permits are issued with a validity period of between one and five years, and allow a stay within the Schengen side of the border zone for up to three months. Permits can only be assigned to legal residents of the border area who have been residents of the border area for a minimum of one year (or longer if specified by the bilateral agreement). Applicants for a permit have to prove that they have legitimate reasons for frequent crossing of the external land border under the local border traffic regime. Schengen States must maintain a central register of issued permits and must provide immediate access to the corresponding data to other Schengen States.

Border traffic permit holders can spend up to 3 months each time they enter the border zone of the Schengen country that issued the permit (this time limit is much more generous than the "90 days in a 180-day period (normally granted to third-country nationals visiting the Schengen area).

Before concluding an agreement with a neighboring country, the Schengen State must receive approval from the European Commission, which has to confirm that the draft agreement is in compliance with the Regulation. The agreement can only be concluded if the neighboring state grants guarantee at least reciprocal rights for EEA and Swiss nationals residing on the Schengen side of the border zone, as well as agreeing to the repatriation of people who abuse an agreement frontier.

As of June 2013, eight local traffic agreements entered into force. Three of them are Hungary-Ukraine in January 2008, Slovakia-Ukraine in September 2008 and Poland-Ukraine in July 2009. As a member of the EU, pending admission to the Schengen area, Romania agreed to traffic agreement with Moldova, which entered into force in October 2010. The fifth is the one between Latvia and Belarus, which began operating in February 2012. The Poland-Russia Agreements (Kaliningrad Area), and Norway - Russia started operating in 2012. The eighth was Latvia-Russia in June 2013.

The plans to be fulfilled are or have been Lithuania-Russia, Poland-Belarus, Bulgaria, Serbia, Bulgaria, Macedonia-Romania and Ukraine. The agreement between Poland and Belarus had to enter into force before 2012, but was delayed by Belarus, with no fixed application date (as of October 2012).

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 Visas-Pomor, to Russians from Murmansk Oblast, and more late to those of Archangel Oblast. Finland is not planning border permits, but has issued more than one million regular visas for Russians in 2011, many of them being multiple-entry visas. The EU intends to allow a maximum validity of 5 years for Russian multiple entry visas.

Western Balkan States

Citizens of Albania, Bosnia and Herzegovina, Macedonia, Montenegro and Serbia can enter the Schengen area without a visa. On November 30, 2009, the EU Council of Interior and Justice Ministers abolished the visa requirement for citizens of the Republic of Macedonia, Montenegro and Serbia, while the same was done on November 8, 2010. for Albania and Bosnia and Herzegovina. The first entered into force on December 19, 2009, while the second on December 15, 2010.

Kosovo citizens with Kosovo passports, as well as people living in Kosovo holding Serbian biometric passports still need a visa to travel to the EU. Serbia created the Serbian Coordination Directorate to facilitate this process. However, a visa liberalization roadmap for Kosovo is expected to be announced and negotiated in the near future.

Visa liberalization negotiations between the EU and the Western Balkans (excluding Kosovo) took place during the first half of 2008, ending in 2009 (for Macedonia, Montenegro and Serbia) and in 2010 (for Albania and Bosnia and Herzegovina). Before visas were completely abolished, the Western Balkan countries (Albania, Bosnia and Herzegovina, Macedonia, Montenegro and Serbia) had signed "visa facilitation agreements" with the Schengen States in 2008. The visa facilitation agreements, in turn, brought shorter waiting times, low visa fees (including free visas for certain categories of travellers), and reduced red tape. In practice, however, the new procedures turned out to be longer, more cumbersome, more expensive, and many people complained that it was easier to obtain visas before the facilitation agreements entered into force.

Police and judicial cooperation

To counter the potentially aggravating effects of the removal of borders on undocumented immigration and cross-border crime, the Schengen acquis contains police compensatory and judicial measures. Chief among these is the Schengen Information System (SIS), a database operated by all EU and Schengen area states that as of January 2010 contained over 30 million entries. The Schengen Agreement also allows police officers of a state to follow suspects across borders, both in pursuit and continuing observation operations, and for further mutual assistance in criminal matters.

The Schengen Convention also contained measures intended to simplify extradition between participating countries, however these have now been subsumed under the European arrest warrant system.

Legal basis

Provisions of 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 introduces a new title called "Visas, asylum, immigration and other policies related to the free movement of people" in the treaty, currently numbered as title IV, and comprising articles 61 to 69. The Treaty of Lisbon substantially modifies the provisions of the articles in the title, changes the name of the title of "Space of freedom, security and justice" and divides it into five chapters, called "general provisions", "Policies on border controls, asylum and immigration", "judicial cooperation in civil matters ",. 4; Judicial cooperation in criminal matters ", and" police cooperation".

The Schengen Agreement and the Schengen Convention

The Schengen area originally had its legal basis outside the then European Economic Community, having been established by a sub-set of the Community's Member States using two international agreements:

The Schengen Agreement of 1985 - Agreement between the Governments of the States of the Benelux Economic Union of the Federal Republic of Germany and the French Republic on the gradual elimination of controls on the common borders.

The Schengen Convention of 1990 - Agreement for the Implementation of 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 concerning the gradual elimination of controls on the common borders.

Being incorporated into the main body of European Union law by the Treaty of Amsterdam, the Schengen Agreement and the Convention were published in the Official Journal of the European Communities by a decision of the Council of Ministers. As a result, the Agreement and the Convention may be modified by regulations.

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