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Schengen Area
The Schengen area as of 2009
     Schengen Area     Future members     Cooperating states
Union type Free travel area
Established 1995
Members
Governance
Basis Schengen Agreement
Visa Schengen visa
Affiliated with European Union
Statistics
Population 400,000,000
Area 4,312,099 km2

The Schengen Area comprises the territories of twenty-five European countries that have implemented the eponymous agreement signed in the town of Schengen, Luxembourg, in 1985. The Schengen Area operates very much like a single state for international travel purposes with border controls for travellers travelling in and out of the area, but with no internal border controls.

The Schengen rules were absorbed into European Union (EU) law by the Amsterdam Treaty in 1999, although the area includes three non-EU member states: Iceland, Norway, and Switzerland. All EU members except Ireland and the United Kingdom are required to implement Schengen and – with the exceptions of Bulgaria, Cyprus, and Romania – have done so. The area currently covers a population of over 400 million people and an area of 4,312,099 square kilometres (1,664,911 sq mi).

Implementing the Schengen rules involves eliminating border controls with other Schengen members while simultaneously strengthening border controls with non-member states. The rules include provisions on common policy on the temporary entry of persons (including the Schengen visa), the harmonisation of external border controls, and cross-border police and judicial co-operation.

A passport or an EU approved national identity card is also required for identity checks done at airports and hotels and by police. This depends on national rules and varies between countries. Occasionally, regular border controls are used between Schengen countries.[citation needed]

Contents

Membership

The Schengen Area currently consists of twenty-five states and two cooperating countries which maintain internal borders. All but three Schengen states are members of the European Union and there are other microstates who maintain an open or semi-open border with Schengen. The non-EU members Iceland and Norway are members due to previously being part of the Nordic Passport Union, the other members of which join the EU's Schengen area. Switzerland was later allowed to participate in the same manner in 2008. Schengen was originally outside the EU's structures, being set up initially by only five of the then ten members (see enlargement below).

Before fully implementing the Schengen rules, each state needs to have its preparedness assessed in four areas: air borders, visas, police cooperation, and personal data protection. This evaluation process involves a questionnaire and visits of EU experts to selected institutions and workplaces of the country under assessment. The Council has reviewed the results between April and September 2007.[1]

Ireland and the United Kingdom are the only EU member states that are neither full members of nor committed to join the Schengen Area, having negotiated an opt-out from the Schengen acquis in the Treaty of Amsterdam. However, the United Kingdom opted into the provisions related to police and judicial cooperation a few years later.[2] The situation in Ireland is different: while Ireland requested and received permission to participate in the Schengen acquis in 2002,[3] they have, as of February 2010, opted not to implement that permission.[4] (See below for further information.)

Flag State Area
(km²)
Population[5]
Signed or
opted in
Date of first
implementation
Exempted territories
Austria Austria &0000000000083871.00000083,871 &0000000008372930.0000008,372,930 0 1995-04-28 28 April 1995 0 1997-12-01 1 December 1997
Belgium Belgium &0000000000030528.00000030,528 &0000000010827519.00000010,827,519 0 1985-06-14 14 June 1985 0 1995-03-26 26 March 1995
Czech Republic Czech Republic &0000000000078866.00000078,866 &0000000010512397.00000010,512,397 0 2004-05-01 1 May 2004 0 2007-12-21 21 December 2007b
Denmark Denmark &0000000000043094.00000043,094 &0000000005547088.0000005,547,088 0 1996-12-19 19 December 1996 0 2001-03-25 25 March 2001  Greenlandd  Faroe Islandsd
Estonia Estonia &0000000000045226.00000045,226 &0000000001340274.0000001,340,274 0 2004-05-01 1 May 2004 0 2007-12-21 21 December 2007b
Finland Finland &0000000000338145.000000338,145 &0000000005350475.0000005,350,475 0 1996-12-19 19 December 1996 0 2001-03-25 25 March 2001
France France &0000000000674843.000000674,843 &0000000064709480.00000064,709,480 0 1985-06-14 14 June 1985 0 1995-03-26 26 March 1995 all overseas departments and territories
Germany Germany &0000000000357050.000000357,050 &0000000081757595.00000081,757,595 0 1985-06-14 14 June 1985 0 1995-03-26 26 March 1995c
Greece Greece &0000000000131990.000000131,990 &0000000011125179.00000011,125,179 0 1992-11-06 6 November 1992 0 2000-03-26 26 March 2000
Hungary Hungary &0000000000093030.00000093,030 &0000000010013628.00000010,013,628 0 2004-05-01 1 May 2004 0 2007-12-21 21 December 2007b
Iceland Icelanda &0000000000103000.000000103,000 &0000000000318755.000000318,755 0 1996-12-19 19 December 1996 0 2001-03-25 25 March 2001
Italy Italy &0000000000301318.000000301,318 &0000000060397353.00000060,397,353 0 1990-11-27 27 November 1990 0 1997-10-26 26 October 1997
Latvia Latvia &0000000000064589.00000064,589 &0000000002248961.0000002,248,961 0 2004-05-01 1 May 2004 0 2007-12-21 21 December 2007b
Lithuania Lithuania &0000000000065303.00000065,303 &0000000003329227.0000003,329,227 0 2004-05-01 1 May 2004 0 2007-12-21 21 December 2007b
Luxembourg Luxembourg &0000000000002586.0000002,586 &0000000000502207.000000502,207 0 1985-06-14 14 June 1985 0 1995-03-26 26 March 1995
Malta Malta &0000000000000316.000000316 &0000000000416333.000000416,333 0 2004-05-01 1 May 2004 0 2007-12-21 21 December 2007b
Netherlands Netherlands &0000000000041526.00000041,526 &0000000016576800.00000016,576,800 0 1985-06-14 14 June 1985 0 1995-03-26 26 March 1995  Aruba  Netherlands Antilles
Norway Norwaya &0000000000385155.000000385,155 &0000000004854824.0000004,854,824 0 1996-12-19 19 December 1996 0 2001-03-25 25 March 2001 Norway Svalbarde
Poland Poland &0000000000312683.000000312,683 &0000000038163895.00000038,163,895 0 2004-05-01 1 May 2004 0 2007-12-21 21 December 2007b
Portugal Portugal &0000000000092391.00000092,391 &0000000010636888.00000010,636,888 0 1992-06-25 25 June 1992 0 1995-03-26 26 March 1995
Slovakia Slovakia &0000000000049037.00000049,037 &0000000005424057.0000005,424,057 0 2004-05-01 1 May 2004 0 2007-12-21 21 December 2007b
Slovenia Slovenia &0000000000020273.00000020,273 &0000000002054119.0000002,054,119 0 2004-05-01 1 May 2004 0 2007-12-21 21 December 2007b
Spain Spain &0000000000506030.000000506,030 &0000000046087170.00000046,087,170 0 1992-06-25 25 June 1992 0 1995-03-26 26 March 1995
Sweden Sweden &0000000000449964.000000449,964 &0000000009347899.0000009,347,899 0 1996-12-19 19 December 1996 0 2001-03-25 25 March 2001
Switzerland Switzerlanda &0000000000041285.00000041,285 &0000000007760477.0000007,760,477 0 2004-10-26 26 October 2004 0 2008-12-12 12 December 2008

a. ^ States outside the EU that are associated with the Schengen activities of the EU,[6] and where the Schengen rules apply.
b. ^ For overland borders and seaports; since 30 March 2008 also for airports.[7]
c. ^ East Germany became part of West Germany, joining Schengen, on 3 October 1990. Before this it remained outside the agreement. Despite some media reports, Heligoland is not outside Schengen; it is only outside the European Union Value Added Tax Area.
d. ^ Greenland and the Faroe Islands are indirectly included for travellers who don't need a visa, but not for travellers who do need a visa. A Schengen visa issued by a Schnegen state other than Denmark will not allow the holder access to either territories nor will a visa issued by Denmark unless a special application is made and the visa is stamped with either "Valid for the Faroe Islands" or "Valid for Greenland", or both.[8]
e. ^ However, Jan Mayen is part of the Schengen Area.

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Enlargement

The Schengen I agreement was originally signed on 14 June 1985, by five European Community states: France, West Germany and the Benelux countries: Belgium, Luxembourg and the Netherlands.[9] The Convention Implementing the Schengen Agreement, signed on 19 June 1990, put the agreement into practice.

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 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-and still have-their own passport free zone separate from the Community.

In 2007, nine countries-the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia-that joined the EU three years previously joined the area.[10] Schengen's newest member is Switzerland which joined the Area on 12 December 2008.

While Cyprus, which also joined the EU in 2004, is a signatory to the Schengen Agreement, implementation has been delayed until at least 2010[11] because of the Cyprus dispute. According to Cypriot Minister of Foreign Affairs Giorgos Lillikas, "strict and full control based on Schengen will create a huge tribulation on a daily basis for the Turkish Cypriots", and it is unclear if this control is possible before the resolution of the dispute.[11] The Sovereign Base Areas, which are outside the EU, will also need "other handling and mechanisms".[11]

Romania and Bulgaria, which joined the EU in 2007, are still bringing their border controls up to the required standard. Liechtenstein, which previously only had an open border with Switzerland before it joined Schengen, is also preparing to join the area.

Flag State Area (km²) Population Signed or opted in Prospective implementation date
Bulgaria Bulgaria &0000000000110912.000000110,912 &0000000007576751.0000007,576,751 0 2007-01-01 1 January 2007 2011March 2011 (est)[12][13]
Cyprus Cyprus &0000000000009251.0000009,251 &0000000000801851.000000801,851 0 2004-05-01 1 May 2004 2999 Partly dependent upon Cyprus dispute[11]
Liechtenstein Liechtensteina &0000000000000160.000000160 &0000000000035981.00000035,981 0 2008-02-28 28 February 2008 20102010
Romania Romania &0000000000238391.000000238,391 &0000000021466174.00000021,466,174 0 2007-01-01 1 January 2007 2011 3March 2011 (est)[13][14][15]

Status of the European microstates

These microstates, not being actual members of the Schengen Area, cannot issue Schengen visas. Visitors have to travel through a Schengen state to reach them, except for boats can go directly to Monaco (see table). Visitors are not allowed to travel to these states by a helicopter or small plane flight that takes off from a non-Schengen country.[citation needed]

Flag State Status Since Notes
Andorra Andorra non-member Border controls remain on Andorra's borders with both France and Spain. Citizens of EU countries require either their national identity cards or passports to enter Andorra, while anyone else requires a passport or equivalent. Those travellers who need a visa to enter the Schengen area need a multiple-entry visa to visit Andorra, because entering Andorra means leaving the Schengen area.[16]
Liechtenstein Liechtenstein de facto member 0 2008-12-12 12 December 2008 Liechtenstein was supposed to join the Schengen Area on 1 November 2009, but has had a de facto open border with both its neighbours, Austria[citation needed] and Switzerland, since the latter joined the Schengen Area (see below). Schengen entry was postponed because of no Swedish ratification of the accession.
Monaco Monaco de facto and de jure member 0 1995-03-26 26 March 1995 Monaco has an open border with France. Schengen laws are administered as if it were a part of France, and French authorities carry out checks at Monaco's seaport. There are ceremonial guards at the road entrances to Monaco, but they never stop entrants.[citation needed]
San Marino San Marino de facto member 0 1997-10-26 26 October 1997 San Marino has an open border with Italy, although some random checks are made by Carabinieri, Polizia di San Marino and Guardia di Finanza.
Vatican City Vatican City de facto member 0 1997-10-26 26 October 1997 Vatican City has an open border (exit only) with Italy.[citation needed] The microstate has shown an interest in joining the Schengen agreement for closer cooperation in information sharing and similar activities covered by the Schengen Information System.[17]

Status of Ireland and the United Kingdom

Flag State Area
(km²)
Signed or
opted in
Date of first
implementation
Notes
Republic of Ireland Ireland &0000000000070273.00000070,273 0 2002-02-28 28 February 2002 totally unimplemented[4]
United Kingdom United Kingdom
including Gibraltara
&0000000000244820.000000244,820 0 1999-05-20 20 May 1999 0 2004-12-22 22 December 2004 The Crown Dependencies (Guernsey, Jersey, and the Isle of Man) and the overseas territories are neither part of the UK, EU nor of the Schengen acquis that the UK has implemented. However, the Sovereign Base Areas are set to be de facto fully included later.

Ireland and the United Kingdom were the only EU members which, prior to the 2004 enlargement, had not signed the 1990 Schengen Convention. Both countries maintain a Common Travel Area with an open land border between them. The UK has always refused to join Schengen as it believes that the island status of the Common Travel Area puts the United Kingdom in a better position to enforce immigration controls than continental European countries with "extensive and permeable land borders".[18] In contrast Ireland, while not signing the Schengen Agreement, has always looked more favourably on joining but has not done so, in order to maintain the Common Travel Area and its open border with Northern Ireland.[19]

When Schengen was subsumed into the EU by the Treaty of Amsterdam, Ireland and the UK obtained an opt-out from the part of the treaty which was to implement the Schengen rules into EU Law.[20] Under the relevant protocol, Ireland and the United Kingdom have the right to apply to take part (or opt-in) to Schengen measures on a case by case basis, but whether they can participate is entirely at the discretion of the Schengen states.[21]

The UK formally requested to participate in a number of provisions of the Schengen acquis-relating to Police and Judicial Cooperation-in 1999, and this was approved by the Council of the European Union on 29 May 2000.[22] 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.[23]

Ireland made a carbon-copy request to that submitted by the United Kingdom which was approved by the Council of the European Union on 28 February 2002.[24] However, this has been not yet put into effect,[4] with the result that there is no legal obligation on any other EU member state to cooperate with the Irish police force on matters of Police and Judicial Cooperation.[25] Those parts of the Schengen rules (or acquis) that cover Police and Judicial Co-operation (Chapter VI) have been ratified and put into effect by European Union decision for the United Kingdom, with the exception of those elements linked to border controls as well as cross border surveillance and hot pursuit.[26] Ireland, on the other hand, has not yet ratified, or put into effect, anything in the Schengen acquis.[4]

The reluctance of the UK government to join the remainder of the Schengen Police and Judicial cooperation areas was criticised by the European Union Committee of the House of Lords,[26] 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.[27]

A 1999 report by the European Communities Select Committee of the House of Lords recommended "full United Kingdom participation" in Schengen.[28]

Status of some territories

Some territories outside Europe (or remote islands in Europe) that belong to member states are exempted from the Schengen Agreement.

Aruba and Netherlands Antilles are not part of the Schengen area and full border control is made for people flying between these areas and the Schengen area. The same principle is valid for the overseas departments and territories of France.

Svalbard belongs to Norway, but is not part of the Schengen area. Svalbard has special rules about entry and work permit. Any citizen of a country which has signed the Svalbard Treaty can work there. To travel between Svalbard and the rest of Norway a passport or a Norwegian identity card is needed.

The Faroe Islands and Greenland are not part of the Schengen area, but the Faroe Islands is part of the Nordic Passport Union. Schengen rules about visa, police co-operation and more are not valid. Visas to Denmark are not automatically valid on Faroe Islands and on Greenland. A passport or an acceptable identity card must be brought, and is needed both for the identity check at boarding and for the check at the arrival airport.[29]

Rules concerning border controls

A typical Schengen border crossing has no border control post and only a common EU-state sign welcoming the visitor, as here between Germany and Austria. The sign announces entry to the Federal Republic of Germany in German.

Travel without internal border controls

Before the implementation of the Schengen Agreement, most borders in Western Europe were patrolled and a vast network of border posts existed around the continent, to check the identity and entitlement of people wishing to travel from one country to another. Visa requirements also varied and the possessors of visas to visit one European country would not necessarily be entitled to visit others without separate visas.

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.[30] Thus, 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).[31] Visitors to Schengen countries can receive a Schengen Visa which entitles them to travel freely throughout the Schengen Area.

Regulation of external border controls

Passport control at an external Schengen border in Finland
Schipol Airport entry stamp
Standard Schengen entry stamp for air travel (issued at Amsterdam's Schipol Airport).
Paris Nord exit stamp
Standard exit stamp for rail travel (issued at Paris' Gare du Nord).

Schengen also requires member countries to apply strict checks on people entering or exiting the 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 a European Union regulation called Schengen Borders Code.[32] All persons crossing external borders-inbound or outbound-have to be subject to a minimum identity check. The entitlement of travellers to enter the Schengen Area also need to be checked when relevant. Exit controls allow, among other things, to determine if a person leaving the area was entitled to enter the area in the first place, 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. For example when an arrest warrant had been issued by a Schengen State.[33]

The external border controls are located at roads crossing a border, at airports, at seaports, and onboard trains.[34] 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.[35] Along the southern coast of the Schengen countries, coast guards are making a substantial effort to prevent private boats from entering without permission.

The Schengen rules require that all passenger carriers across the Schengen external border must check, before boarding, if the passenger has the travel document and visa required for entry.[36] This is to prevent persons from applying for asylum at the passport control after landing within the Schengen area.

Entry conditions for third-country nationals

The Schengen rules include uniform rules as to the type of visas which may be issued for a short-term stay, not exceeding 90 days, on the territory of one, several or all of those States. The rules also include common requirements for entry into the Schengen area, and common procedures for refusal of entry.

According to the Schengen Borders Code, the conditions applying to third-country nationals for entry are as follows:[37]

  • 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;[38]
  • 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;
  • There has not been issued an alert in the Schengen Information System for refusal of entry of 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.

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.

Third country nationals, holders of a valid Schengen visa (type: single, double or multiple entry), who have already entered the Schengen area in accordance with the terms upon which their Schengen visa was issued, may travel to Cyprus without a Cypriot national visa and stay in Cyprus for a period equal to the remainder of the time for which the Schengen visa is valid.

Right of stay

A third-country national who has been granted entry may stay in the Schengen area and travel between Schengen states as long as the conditions for entry are still fulfilled.[39] 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.[40]

Schengen visa

EU (Schengen) visa lists      EU member states      Special visa-free provisions (Schengen Agreement, OCT or other)      Visa-free access to the Schengen states for 90 days in any half year period      Visa required to enter the Schengen states      Visa required for transit via the Schengen states      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.[41] The list of the nationals which require a visa for a short-term stay (so-called Annex I list) and the visa-free nationals (so-called Annex II list) refers to the nationality of the third-country national and not to the passport or travel document he or she is holding (with an exception to holders of Hong Kong SAR and 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.[42] 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.

Common Schengen Visa, new type (allowing photograph of bearer to be inserted)

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 entry conditions are met at the time of entry.

It is granted in the following categories:[43]

  • Category A refers to an airport transit visa. It is required for some few nationals for passing through the international transit area of airports during a stop-over or transfer between two sections of an international flight. The requirement to have this visa is an exception to the general right to transit without a visa through an international transit area of an airport.
  • Category B refers to a transit visa. It is required by nationals who are not visa-free for travelling from one non-Schengen state to another non-Schengen state, in order to pass through the Schengen area. Each transit may not exceed five days.
  • Category C refers to a short-term stay visa. They are issued for reasons other than to immigrate. They entitle holders to carry out a continuous visit or several visits whose duration does not exceed three months in any half-year from the date of first entry.
  • Category D refers to national visa. They are issued by a Schengen state in accordance with its national legislation as with respect to the conditions (however, a uniform sticker is used). Only after the holder has obtained a residence title after arrival in the destination country (or a different visa), he may again travel to other Schengen countries.
  • Category D+C 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.
  • FTD and FRTD are special visas issued for road (FTD) or rail (FRTD) transit only between mainland Russian Federation and its western exclave of Kaliningrad Oblast.

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.

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.[44]

To obtain a Schengen visa, a traveller must take the following steps:

  • 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 where the traveller will have to lodge the application.[45] 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.[46][47] 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.
  • 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.
  • 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.

Requirements for family members of an 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.

Internal movement of holders of a residence title

Common Model of a Schengen Residence Permit, here: Form for a German long-term residence permit

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.[48] 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..[49]

Internal movement and residence cards

The right of entry without additional visa was extended to the non-EEA family members of EEA nationals exercising their treaty right of free movement who hold a valid residence card of their EEA host country and wish to visit any other EEA member state for a short stay up to 90 days.[50][51][52] This is implied in Directive 2004/38/EC, Article 5(2) provided that they travel together with the EEA national or join their spouse/partner at a later date (Article 6(2)). Some member states (as at September 2009), however, do not follow the Directive in this respect[53][54] to the effect that non-EEA family members living in non-Schengen EU countries may still face difficulties (denial of boarding the vessel by the transport company, denial to enter by border police) when travelling to certain Schengen countries with their residence card alone. Likewise non-Schengen member EU countries may deny entry to Schengen residence card holders without an additional visa.

Local border traffic at external borders

Schengen States which share an external land border with a non-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.[55] The regulation stipulates the conditions which such agreements must meet. 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).

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 nationals. Permits are valid from one to five years.

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.

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.

Special arrangement on entry for Croatia

There is an exception to these rules in the case of citizens of Croatia. Based on the pre-Schengen bilateral agreements between Croatia and its neighboring EU countries (Italy, Hungary and Slovenia), Croatian citizens are allowed to cross the border with ID card only (passport not obligatory).[56] Many people living near the border cross it several times a day (some work across the border, or own land on the other side of the border), especially on the border with Slovenia, which was unmarked for centuries as Croatia and Slovenia were both part of Habsburg Empire (1527–1918) and Yugoslavia (1918–1991). As Croatia is expected to join EU in about 2012, 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 exit. Croatian citizens, however, are not allowed to enter any other Schengen agreement countries without a valid passport, although they are allowed to travel between Hungary, Italy and Slovenia. 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.

The Western Balkan states

Visa-free regime negotiations between the EU and the Western Balkans (excluding Croatia and Kosovo) were launched in the first half of 2008, and are currently underway with Albania and Bosnia and Herzegovina,[57][58][59] and should start with Kosovo in the near future as well. The Western Balkan countries (Albania and the former Yugoslav republics of Bosnia and Herzegovina, Macedonia, Montenegro, and Serbia) had signed a facilitated visa regime with the Schengen states in 2008 (UK and Ireland excluded), including shorter waiting periods and free or lower visa fees when compared to other countries whose citizens require C, D, or C+D Schengen visas.

On 30 November 2009, the EU Council of Ministers for Interior and Justice has abolished visa requirements for citizens of the Republic of Macedonia, Montenegro, and Serbia.[60] This took effect on 19 December 2009. The citizens of Albania and Bosnia and Herzegovina are expected to obtain the same status as soon as their states comply with the obligations of the road-map. According to the European Commission, this should happen in the first half of 2010.[61] However, citizens of Kosovo holding Kosovan passports as well as people living in Kosovo holding the biometric Serbian passport will still need a visa to travel to the EU. A visa road-map for Kosovo is to be announced and negotiated in near future.[62][63][64]

Temporary reintroduction of internal border controls

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 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, in 2007 for the 33rd G8 summit in Heiligendamm and in March–April 2009 for the NATO Security Conference. Austria also did so for the UEFA Euro2008 in June 2008.

Air security

When travelling by air between Schengen countries or within a single Schengen country, the airlines request identification (usually passport or national ID card) at the airport check-in counters and when boarding. However, this practice is not a form of an official border control, but is used to establish the identity of the passengers. Also, the passengers needing a Schengen visa need to present a valid one.

ID checks at hotels and other places

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.[65] 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.

Customs control

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.[66]

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.

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.

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".

Since the customs forces form the financial police of a state, some countries allow these authorities to conduct routine inland checks on persons, vehicles, and goods, e.g., to detect untaxed goods, illegal workers, or persons abusing social benefits.

Norway, Iceland, and Switzerland

Norway, Iceland, and Switzerland[67] are the only three states that have fully implemented the Schengen agreements but are not members of the EU. Even though Norway and Iceland 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.

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.[68]

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.[69] 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,[70] 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.

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.[71]

Sweden and Finland

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, or for limited random checks.[72] 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.

Switzerland

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.[73] Initially border identity checks for travellers were lifted only for land borders while for air travellers, the controls were lifted on 29 March 2009, subject to certain conditions.

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.[74] 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.[75]

Liechtenstein

Liechtenstein signed a Schengen-related association with the European Union on 28 February 2008,[76][77] and originally planned to join the Schengen Area on 1 November 2009. This has been put on hold, awaiting the consent of the Swedish government.[78] Until it joins, Liechtenstein's borders with Austria and Switzerland are considered Schengen-external borders. Unlike Switzerland, Liechtenstein belongs to the European Economic Area.

The country has had an open border with Switzerland since 1923, but when Switzerland joined the Schengen Area on 12 December 2008, the Liechtenstein–Switzerland border 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.[79] Swiss customs and border guards have already been manning Liechtenstein's border crossing with Austria at Schaanwald-Tisis, effectively treating Liechtenstein as internal to Switzerland.[80]

Until Liechtenstein joins the Area, an interim arrangement applies to the Liechtenstein–Switzerland border.[81] Instead of on-site immigration and customs checkpoints, all roads into Switzerland from the principality are subject to video surveillance, enabling the border to remain open. The Austria–Liechtenstein border crossing at Schaanwald-Tisis is still manned by Swiss customs and border guards and its operating hours have been expanded to around-the-clock.

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.

Rules concerning police co-operation

The Schengen rules also include provisions for sharing intelligence, such as information about people, lost and stolen documents, vehicles, via the Schengen Information System. This means that potentially problematic persons cannot 'disappear' simply by moving from one Schengen country to another.

Administrative assistance

According to Article 39 of the Schengen II Convention, police administrations of the Schengen States are required to grant each other administrative assistance in the course of the prevention and detection of criminal offences according to the relevant national laws and within the scope of their relevant powers. They may cooperate through central bodies or, in case of urgency, also directly with each other. The Schengen provisions entitle the competent ministries of the Schengen States to agree on other forms of cooperation in border regions.

With respect to actions which imply constraint or the presence of police officers of a Schengen State in another Schengen State, specific rules apply.

Cross-border observation

Under Article 40 of the Schengen II Convention, police observation may be continued across a border if the person observed is presumed to have participated in an extraditable criminal offence. Prior authorization of the second state is required, except if the offence is a felony as defined in Article 40 (7) of the Schengen II Convention, and if urgency requires the continuation of the observation without prior consent of the second state. In the latter case, the authorities of the second state must be informed before the end of the observation in its territory, the request for consent has to be handed over as soon as possible, and the observation has to be terminated on request of the second state, or if consent has not been granted after five hours. The police officers of the first state are bound to the laws of the second state, must carry identification which shows that they are police officers, and are entitled to carry their service weapons. They may not stop or arrest the observed persons, and must report to the second state after the operation has been finished. On the other hand, the second state is obliged to assist the enquiry subsequent to the operation, including judicial proceedings.

Hot pursuit

Under Article 41 of the Schengen II Convention, police from one Schengen state may cross national borders to chase their target, if it is not possible to notify the police of the second state before entry into that territory, or if the authorities of the second state are unable to reach the scene in time to take over the pursuit. The Schengen states may declare if they restrict the right to hot pursuit into their territory in time or in distance, and if they allow the neighbouring states to arrest persons on their territory. However, the second state is obliged to challenge the pursued person in order to establish the person's identity or to make an arrest if so requested by the pursuing state. The right to hot pursuit is limited to land borders. The pursuing officers either have to be in uniform or their vehicles have to be marked. They are permitted to carry service weapons, which may be used only in self-defence. After the operation, the first state has to report to the second state about its outcome.

Responsibility and rights

Under Article 42 of the Schengen II Convention, police officers of a state who became victims of a criminal offence in another Schengen state while on duty there, enjoy the same right of compensation as an officer of the second state. According to Article 43 of the Schengen II Convention, the state which employs a police officer is liable towards that state for damages for illegal actions performed in another state by such police officer.

Liaison officers

Article 47 of the Schengen II agreement provides for the permanent deployment of liaison officers to other Schengen states.

Further bilateral measures

Many neighbouring Schengen states have introduced further bilateral measures for police cooperation in border regions, which are expressly permitted under Article 39 subsection 5 of the Schengen Agreement. Such cooperation may include joint police radio frequencies, police control centres, and tracing units in border regions.[82] Furthermore, police laws of some Schengen States allow for the ad hoc conferment of police powers to police officers of other EU states.[83]

Prüm Convention and Schengen III Regulation

An agreement was signed on 27 May 2005 by Germany, Spain, France, Luxembourg, Netherlands, Austria, and Belgium at Prüm, Germany. This agreement, based on the principle of availability which began to be discussed after the Madrid bomb attack on 11 March 2004, could enable them to exchange all data regarding DNA, fingerprint and Vehicle Registration Data of concerned persons and to cooperate against terrorism. Furthermore, it contains provisions for the deployment of armed sky marshals on intra-Schengen flights, joint police patrols, entry of (armed) police forces into the territory of another state for the prevention of immediate danger, cooperation in case of mass events or disasters. Furthermore, the police officer responsible for an operation in a state may, in principle, decide inhowfar the police forces of the other states which take part in the operation may use their weapons or exercise other powers. Sometimes known as the Prüm Convention, this treaty is becoming known as the Schengen III Agreement. Certain (non-Schengen / 3rd pillar) provisions were adopted into EU law for all EU states Members in June 2008, as Council Decision with its provisions falling under the third pillar of the EU.[84] With respect to subject matters which are to be regulated within the first pillar of the EU, the implementation would require an initiative from the European Commission, which enjoys the monopoly (excepting the Member States) on legislative initiative in that pillar. The Commission has not made use of its right to initiative with regard to such content of the Prüm Convention. The Prum Decision (2008/615/JHA and its implementing Decision 2008/616/2008) provide for Law Enforcement Cooperation in criminal matters primarily related to exchange of Fingerprint, DNA (both on a hit no-hit basis) and Vehicle registration (direct access via Eucaris system) data. The data exchange provisions are to be implemented until 2012.

Judicial cooperation

Direct legal assistance

The Schengen states are obliged to grant each other legal assistance in criminal justice with respect to all types of offences and misdemeanors (Article 49 of the Schengen II Convention), this including tax and other fiscal offences (Article 50 of the Schengen II Convention), except for certain small crimes, as defined in Article 50 of the Schengen II Convention. All Schengen states may serve court documents by mail to another Schengen State, but must attach a translation, if there is reason to believe that the addressee would not understand the original language of the document served (Article 52 of the Schengen II Convention). Requests for legal assistance may be exchanged directly between the judicial authorities of the Schengen states, without having to use diplomatic channels (Article 53 of the Schengen II Convention).

In Articles 54 to 58 of the Schengen II Convention, detailed rules concerning the application of the principle that no person may be sentenced twice for the same criminal offence in the Schengen States are laid down. Articles 59 to 69 of the Schengen II Convention contain rules concerning extradition between Schengen States and the enforcement of prison sentences which were handed down in one state in a different state.

Controlled substances

In Articles 67 to 76 of the Schengen II Convention, rules are laid down with respect to the traffic of controlled substances. The Schengen states are obliged to prosecute illegal trade in narcotics. They have to provide for the forfeiture of profits which derive from illegal trade of controlled substances. The control of cross-border legal trade in such substances has to be exercised in the territory, not at the borders. Persons are permitted to transport controlled substances into the territory of other Schengen states if they carry proper official documentation of an according authorization from a Schengen state, e.g. a medical prescription for narcotics.

Weapons and ammunition

In Articles 77 to 91 of the Schengen II Convention, the control of weapons and ammunition are set out in detail. Regulations regarding which weapons may only be possessed with a valid licence, and which weapons are free, are either contained in the convention itself or may be subject to further legislation at the EU (Schengen) level. Accordingly, the Schengen rules also harmonize the prerequisites for granting permits to produce, purchase, and trade in weapons and ammunition. The according Schengen rules are supplemented by the Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons,[85] which introduced a European Firearms Pass which entitles the holder to carry a firearm into the territory of other Member States.

Mutuality of visa requirements

European Free Trade Association Council of Europe Switzerland Albania Croatia Liechtenstein Iceland Norway Armenia Schengen Area European Economic Area Azerbaijan Bosnia and Herzegovina Austria Germany Malta Georgia (country) Belgium Slovenia Greece Netherlands Cyprus Eurozone Moldova European Union Finland Italy Portugal Spain Sweden Republic of Ireland Montenegro France Slovakia Luxembourg Lithuania Republic of Macedonia Poland Hungary Bulgaria Denmark Russian Federation Czech Republic Romania Latvia Estonia Serbia United Kingdom Ukraine European Union Customs Union Monaco Turkey San Marino Andorra Vatican City International status and usage of the euro#States with issuing rights
A clickable Euler diagram showing the relationships between various multinational European organisations.vde

It is a political goal of the European Union to achieve freedom from visa requirements for citizens of the European Union at least in such countries the citizens of which may enter the Schengen area without visa. To this end, the European Commission negotiates with third-countries, the citizens of which do not require visas to enter the Schengen area for short-term stays, about the abolishment of visa requirements which exist for at least some EU member states. The European Commission involves the member state concerned into the negotiations, and has to frequently report on the mutuality situation to the European Parliament and the Council.[86] The Commission may recommend the temporary restoration of the visa requirement for nationals of the third country in question.

The European Commission has dealt with the question of mutuality of the abolishment of visa requirements towards third countries on the highest political level. With regard to Mexico and New Zealand, it already has achieved complete mutuality. With respect to Canada, the Commission has achieved visa-free status for all members except Bulgaria, Romania and more recently the Czech republic due to the influx of Czech nationals seeking refugee status in Canada.[87] With respect to the U.S., it is optimistic about new legislation modifying the Visa Waiver Program but "reserves the right to propose retaliatory measures if expected progress towards full visa reciprocity fails to materialise in good time."[88]

Statistics

According to information of the European Commission, which is partly based on partly estimated figures received from the Member States, and which was published in connection with the Commission's plans to introduce a biometric entry and exit registration system in the Schengen zone,[89]

  • there are 1,792 designated and controlled border crossing points at the external EU border; of them, 665 are located at air borders, 871 at sea borders, and 246 at land borders;
  • 880 million persons crossed the external borders of the EU27 in 2005, and 878 million persons did so in 2006; based on the tourism statistics of overnight stays, the statistics lead to a figure of 300 million external border crossings per annum;
  • more than 300,000 persons were refused entry at external EU borders in the year 2006, compared to 280,000 in 2005 and 397,000 in 2004; in most cases, refusal was based on insufficient travel documents or the suspicion of intended illegal immigration;
  • up to 8 million illegal immigrants stayed within the EU in 2006, an estimated 80% of them within the Schengen area;
  • in 2006, 500,000 illegal immigrants were apprehended in the EU, compared to 429,000 in 2005 and 396,000 in 2004, and 75% of the illegal immigrants that were detected on the territory of Member States in the year 2006 were nationals which require a visa to the EU.

According to information of the SaarLorLux Regional Commission, about 167,000 workers commute daily in the Greater Luxembourg Region, crossing an internal Schengen border to get to their workplace.[90] Cross-border commuting in that region makes out 40% of the overall cross-border commuting in the EU15.[91]

As of October 2008, about 733,000 persons were registered in the Schengen Information System for refusal of entry.[92]

See also

References

Notes
  1. ^ "Slovenia to Face Schengen Scrutiny This Year". Slovenia Business Week. http://www.gzs.si/eng/news/sbw/head.asp?idc=20384. Retrieved 22 October 2007. 
  2. ^ 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 (OJ L 395, 31.12.2004 p. 70)
  3. ^ 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 (OJ L 64, 7.3.2002 p. 20)
  4. ^ a b c d "Vol. 698 No. 1: Priority Questions - International Agreements". Parliamentary Debates. Office of the Houses of the Oireachtas. 10 December 2009. pp. 14–15. http://debates.oireachtas.ie/DDebate.aspx?F=DAL20091210.xml&Node=H8-5&Page=15. Retrieved 12 February 2010. "(Minister for Justice, Equality and Law Reform, Dermot Ahern): Ireland successfully applied to take part in certain elements of the Schengen Agreement. The activities in which Ireland applied to participate include police co-operation, mutual assistance in criminal matters, extradition and drugs co-operation. Ireland also applied to participate in related aspects of the Schengen information system, a European search database which assists member states’ authorities in carrying out border checks and police and customs checks. Ireland’s application to participate in these specified articles of the agreement was approved by Council decision in 2002. In accordance with this decision, these provisions will come into effect only after a range of technical and legislative measures have been put in place and successfully evaluated by the Council. The measures which will enable Ireland to meet its Schengen requirements are currently being progressed. Ireland has not, however, applied to participate in the Schengen arrangements to the extent that they deal with the abolition of border checks. This decision has been taken to maintain the common travel area, CTA, with the United Kingdom which remains a priority for Ireland."  )
  5. ^ "Eurostat Population Estimate". Eurostat. 2010-01-01. http://epp.eurostat.ec.europa.eu/tgm/table.do?tab=table&language=en&pcode=tps00001&tableSelection=1&footnotes=yes&labeling=labels&plugin=1. Retrieved 2010-01-08. 
  6. ^ This terminology is, for example, used in 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 - Final Act (Official Journal EC 1999 No. L 176, p. 36)". EU Publications Office. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:21999A0710(02):EN:NOT. Retrieved 19 January 2008. .
  7. ^ "The final step of Schengen enlargement – controls at internal air borders to be abolished in late March". Slovenia's EU Presidency. 25 March 2008. http://www.eu2008.si/en/News_and_Documents/Press_Releases/March/0325MNZschengen.html. Retrieved 25 March 2008. 
  8. ^ "General Information on Schengen Short-Term Visas". Royal Danish Embassy in London date=4 June 2009. http://www.amblondon.um.dk/en/menu/consularservices/visas/shorttermvisas. Retrieved 1 February 2010. 
  9. ^ "Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders". Official Journal (EUR-Lex) L 239: 0013–0018. 22 September 2000. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:42000A0922(01):EN:NOT. Retrieved 27 December 2007. 
  10. ^ Council Decision (2007/801/EC) 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 (OJ L 323, 8.12.2007, p. 34)
  11. ^ a b c d "Embassy of the Republic of Cyprus in Berlin – Current Issues Archived" (in (Greek)). Mfa.gov.cy. http://www.mfa.gov.cy/mfa/Embassies/BerlinEmbassy.nsf/All/9E3EA74BCAD066E5C125727D00493F03?OpenDocument&print. Retrieved 3 February 2010. 
  12. ^ Yoncheva, Olga (19 July 2007). "Bulgaria Ready to Join Schengen till 2011". News.bg. http://international.ibox.bg/news/id_1261257390. Retrieved 22 October 2007. 
  13. ^ a b "Romania and Bulgaria prepare to join Schengen List (SETimes.com)". SETimes.com. 27 January 2008. http://www.setimes.com/cocoon/setimes/xhtml/en_GB/newsbriefs/setimes/newsbriefs/2008/01/27/nb-05. Retrieved 6 May 2009. 
  14. ^ Source: Romanian Government
  15. ^ "Romania tries to join Schengen area by 2011". People's Daily Online. Xinhua. 27 June 2007. http://english.people.com.cn/200706/27/eng20070627_387926.html. Retrieved 22 October 2007. 
  16. ^ Govern d'Andorra Ministeri de Turisme i Medi Ambient. "Frequently asked questions". http://www.andorra.ad/en-US/useful_information/Pages/frequently_asked_questions.aspx. Retrieved 25 December 2007. 
  17. ^ "Vatican seeks to join Schengen borderless zone". euobserver.com. http://euobserver.com/9/20680. 
  18. ^ Foreign Secretary, Malcolm Rifkind, House of Commons Debates volume 287 columns 433-434 (12 December 1996) [1].
  19. ^ Minister for Justice, Nora Owen, Dáil Debates volume 450 column 1171 (14 March 1995) [2]; Minister for Justice, John O'Donoghue, Dáil Debates volume 501 column 1506 (9 March 1999)[3]; "Declaration by Ireland on Article 3 of the Protocol on the position of the United Kingdom and Ireland" attached to the Treaty of Amsterdam.
  20. ^ See Article 4 of the Schengen protocol (Protocol no. 30).
  21. ^ See Article 4 of the Schengen protocol (Protocol no. 30) and the decision of the European Court of Justice in Cases C-77/05 and C-137/05 United Kingdom v Council.
  22. ^ 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 (OJ L 131, 1.6.2000, p. 43)
  23. ^ 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 (OJ L 395, 31.12.2004, p. 70)
  24. ^ 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 (OJ L 64, 7.3.2002, p. 20)
  25. ^ Statement of the European Commission, Head of Unit, Justice Freedom and Security, Fundamental Rights and Citizenship, Carel Edwards, 18 DEC 2008, ref. DG/CE D(2008)MD/cb/(2008)D/20733, paragraph 2
  26. ^ a b House of Lords European Union Committee (2 March 2007). "Schengen Information System II (SIS II): Report with Evidence". 9th Report of Session 2006–07. http://www.publications.parliament.uk/pa/ld200607/ldselect/ldeucom/49/49.pdf. Retrieved 1 February 2010. 
  27. ^ "Government's reluctance to join Schengen Information System weakens battle against cross border crime". House of Lords. 2 March 2007. http://www.parliament.uk/parliamentary_committees/lords_press_notices/pn020207euf.cfm. Retrieved 22 October 2007. 
  28. ^ European Communities Select Committee of the House of Lords (2 March 1999), "Part 4: Opinion of the Committee", Schengen and the United Kingdom's Border Controls, http://www.publications.parliament.uk/pa/ld199899/ldselect/ldeucom/37/3705.htm, retrieved 21 February 2010, "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." 
  29. ^ "Passport and visa regulations – Official Greenland Travel Guide". Greenland. http://www.greenland.com/content/english/tourist/travel_info/passport_and_visa_regulations. Retrieved 3 February 2010. 
  30. ^ Article 22 of the Schengen Borders Code.
  31. ^ Article 21 (b) of the Schengen Borders Code.
  32. ^ "Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)" (PDF). 13 April 2006. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R0562:EN:NOT. Retrieved 15 January 2008. 
  33. ^ Article 7 (b) and (c) of "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)" (in English) (PDF). 13 April 2006. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R0562:EN:NOT. Retrieved 15 January 2008. 
  34. ^ Details are set out in Annex VI to the "Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)" (in English) (PDF). 13 April 2006. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R0562:EN:NOT. Retrieved 25 November 2007. 
  35. ^ One camera at every 186 metres of the border: "Stories from Schengen: Smuggling cigarettes in Schengen Slovakia" (in English). 9 January 2008. http://www.cafebabel.com/en/article.asp?T=T&Id=13469. Retrieved 9 March 2008. 
  36. ^ Article 26 sec. 1 lit. b of the Schengen II Agreement.
  37. ^ Article 5 of the Schengen Borders Code – "Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)" (in English) (PDF). 13 April 2006. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R0562:EN:NOT. Retrieved 25 November 2007. 
  38. ^ Cf. 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" (in English). 19 January 2007. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001R0539:EN:NOT. Retrieved 25 November 2007. 
  39. ^ 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.
  40. ^ Article  21 of the Schengen II Agreement.
  41. ^ "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" (in English) (PDF). 19 January 2007. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001R0539:EN:NOT. Retrieved 25 November 2007. 
  42. ^ Cf. 17.html "Section 17 of the German Aufenthaltsverordnung" (in German). 25 November 2004. http://bundesrecht.juris.de/aufenthv/ 17.html. Retrieved 28 November 2007.  in conjunction with 16.html "Section 16 of the German Beschäftigungsverordnung" (in German). 22 November 2004. http://bundesrecht.juris.de/beschv/ 16.html. Retrieved 28 November 2007. 
  43. ^ This is set out in detail in the Common Consular Instructions:"Consolidated verion of the Common Consular Instructions on Visas for the Diplomatic Missions and Consular Posts" (in English) (PDF). 1 May 2003. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52005XG1222(01):EN:NOT. Retrieved 25 November 2007. 
  44. ^ "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" (in English) (PDF). 7 March 2003. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32003R0415:EN:NOT. Retrieved 25 November 2007. 
  45. ^ Article 12 sec. 2 sentence 1 of the Schengen II Agreement.
  46. ^ Article 12 sec. 2 sentence 2 of the Schengen II Agreement.
  47. ^ Ministry of Foreign Affairs of Denmark, Embassy of Denmark, New Delhi. "Visa requirements for Indians travelling to Denmark". http://www.ambnewdelhi.um.dk/en/menu/ConsularServices/visadk/. Retrieved 25 December 2007. 
  48. ^ Article 21 of the Schengen Agreement.
  49. ^ "Council Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents" (in English) (PDF). 23 January 2004. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32003L0109:EN:NOT. Retrieved 25 November 2007. 
  50. ^ "Entry procedures for their family members who are not Union citizens themselves (European Union)" (in English). http://ec.europa.eu/youreurope/nav/en/citizens/travelling/entry-procedures/for-family-members-who-are-not-citizens/index_en.html. Retrieved 26 August 2008. 
  51. ^ "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" (in English) (PDF). http://ec.europa.eu/commission_barroso/frattini/archive/guide_2004_38_ec_en.pdf. Retrieved 26 August 2008. 
  52. ^ "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" (in English). http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:22007D0158:EN:NOT. Retrieved 26 August 2008. 
  53. ^ The "Statutory Instrument 2006 No. 1003 – The Immigration (European Economic Area) Regulations 2006" (in English). http://www.opsi.gov.uk/si/si2006/20061003.htm#2.  refers only to residence cards issued by the UK themselves (see definition of "residence card" in this section).
  54. ^ Point 3.2 in "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" (in English). 12 December 2008. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52008DC0840:EN:NOT. Retrieved 17 December 2008. 
  55. ^ "Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 December 2006". 30 December 2006. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R1931R(01):EN:NOT. Retrieved 2 March 2008. 
  56. ^ See Schengen and Slovenia / Third-country nationals at "Republic of Slovenia: Ministry of the Interior: FAQ about Schengen" (in English). http://www.mnz.gov.si/en/pogosta_vprasanja/faq_about_schengen/. Retrieved 2 March 2008. 
  57. ^ "Commission launches dialogue with Albania on visa free travel" (in English). 5 April 2008. http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/398&format=HTML&aged=0&language=en&guiLanguage=en. Retrieved 6 March 2008. 
  58. ^ "Commission launches dialogue with Montenegro on visa free travel" (in English). 5 April 2008. http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/277&format=HTML&aged=0&language=en&guiLanguage=en. Retrieved 21 February 2008. 
  59. ^ "Commission launches dialogue with the former Yugoslav Republic of Macedonia on visa free travel" (in English). 20 February 2008. http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/273&format=HTML&aged=0&language=en&guiLanguage=en. Retrieved 27 May 2008. 
  60. ^ "EU lifts visa restrictions for Serbia" (in English). 30 November 2009. http://www.b92.net/eng/news/politics-article.php?yyyy=2009&mm=11&dd=30&nav_id=63395. Retrieved 30 November 2009. 
  61. ^ "EU proposes visa-free travel to some in Balkans but not all – SEE BOTTOM OF ARTICLE" (in English). 15-July-2009. http://www.eubusiness.com/news-eu/1247652121.53/?reference=IP/08/398&format=HTML&aged=0&language=en&guiLanguage=en. Retrieved 6 March 2008. 
  62. ^ "A Visa Roadmap for Kosovo!" (in English). 2 July 2009. http://www.esiweb.org/index.php?lang=en&id=383. Retrieved 20 July 2009. 
  63. ^ "Isolating Kosovo? Kosovo vs Afghanistan 5:22" (in English). 2 July 2009. http://www.esiweb.org/index.php?lang=en&id=156&document_ID=111. Retrieved 20 July 2009. 
  64. ^ "EP wants visa dialogue, then roadmap for Kosovo" (in English). 2 July 2009. http://www.setimes.com/cocoon/setimes/xhtml/en_GB/newsbriefs/setimes/newsbriefs/2009/11/13/nb-14. Retrieved 20 July 2009. 
  65. ^ Article 45 of the Schengen II Convention.
  66. ^ Article 120 of 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.
  67. ^ "Swiss border guards say Schengen will not be a major upheaval. – swissinfo". Swissinfo.ch. 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. Retrieved 6 May 2009. 
  68. ^ Cf. the exemption of the application of Articles 2 (4) and 120 to 125 according to Annex A 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 – Final Act.
  69. ^ Article 21 of the "Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)" (in English) (PDF). 13 April 2006. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R0562:EN:NOT. Retrieved 24 January 2008. 
  70. ^ Article 2 No. 10 of the "Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)" (in English) (PDF). 13 April 2006. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R0562:EN:NOT. Retrieved 15 January 2008. 
  71. ^ 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."
  72. ^ Cf. Article 21 of the Schengen Borders Code, which allows for such checks "insofar as the exercise of those powers does not have an effect equivalent to border checks", as further defined in that Article.
  73. ^ "Switzerland links up to European police files". 11 August 2008. http://www.swissinfo.ch/eng/news_digest/Switzerland_links_up_to_European_police_files.html?siteSect=104&sid=9482144. Retrieved 7 September 2008. 
  74. ^ 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 "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" (in English). 25 October 2004. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:22008A0227(03):EN:NOT. Retrieved 23 January 2008. 
  75. ^ "Schengen-Abkommen: Auswirkungen auf die Kontrollen an der Schweizer Grenze" (in German). admin.ch. Swiss Federal Department of Finance. 21 June 2004. http://www.efd.admin.ch/dokumentation/medieninformationen/archiv/03449/index.html?lang=de. Retrieved 23 January 2008. 
  76. ^ Portal des Fürstentums Liechtenstein – - Medien / Presse – Pressemeldungen
  77. ^ Portal des Fürstentums Liechtenstein – - Medien / Presse – Pressemeldungen
  78. ^ "S bryter borgfreden – rapport". svt.se. 18 December 2009. http://svt.se/2.22620/1.1562085/s_bryter_borgfreden?lid=senasteNytt_1447662&lpos=rubrik_1562085. Retrieved 3 February 2010. 
  79. ^ "Schweiz soll ab 1. November 2008 bei Schengen dabei sein" (in German). NZZ.ch. 19 September 2007. http://www.nzz.ch/nachrichten/international/schweiz_schengen_blocher_1.557172.html. Retrieved 22 October 2007. 
  80. ^ "Liechtenstein Customs on Flickr – Photo Sharing!". Flickr.com. http://www.flickr.com/photos/olliges/254214959/. Retrieved 6 May 2009. 
  81. ^ "Pragmatic interim solution before joining Schengen". Government Spokesperson's Office. 18 November 2008. http://www.liechtenstein.li/en/fl-portal-aktuell?newsid=16565. Retrieved 14 December 2008. 
  82. ^ Example: Press releases concerning police cooperation in the German-Polish border region – "Innenminister Schönbohm: Schengen-Erweiterung ein "historisches Glück"" (in German). 22 November 2007. http://www.mi.brandenburg.de/sixcms/detail.php?gsid=bb2.c.441763.de. Retrieved 25 November 2007. 
  83. ^ Cf. Article 24 of the "Prüm Agreement (Schengen III Agreement)" (in German) (PDF). http://www.statewatch.org/news/2005/jul/schengenIII-german-full.pdf. Retrieved 22 January 2008. , and sec. 64 (4) of the German Federal Police Act.
  84. ^ "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". http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32008D0615:EN:NOT. 
  85. ^ "Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons" (in English). 13 September 1991. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31991L0477:EN:NOT. Retrieved 22 January 2008. 
  86. ^ The details of the procedure are set out in Article 1 sec. 4 and 5 of the Regulation (EC) No. 539/2001.
  87. ^ "News Release – Canada imposes a visa on the Czech Republic". Cic.gc.ca. 13 July 2009. http://www.cic.gc.ca/english/department/media/releases/2009/2009-07-13a.asp. Retrieved 3 February 2010. 
  88. ^ Cf. Commission of the European Communities: Third report from the Commission to the European Parliament and the Council on certain third countries' maintenance of visa requirements in breach of the principle of reciprocity, doc. COM(2007) 533 final dated 13 September 2007; cf. p. 10: Involvement of the Canadian Prime Minister; p. 10 to 11: Involvement of the Secretary of the U.S. Department of Homeland Security, and of the President of the United States; p. 11 to 12: Conclusions.
  89. ^ "Press release: New tools for an integrated European Border Management Strategy" (in English). 13 February 2008. http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/08/85&format=HTML&aged=0&language=EN&guiLanguage=en. Retrieved 3 March 2008. 
  90. ^ Section GrenzgängerbeschäftigungDas Anwachsen der Grenzgängerströme hält in der Großregion unvermindert an on Government of Luxembourg in the name of the Greater Region of Luxembourg (27 February 2008). "Die Grossregion: Arbeitsmarkt" (in German). http://www.granderegion.net/de/about/index.html. Retrieved 9 March 2008. 
  91. ^ Section Grenzgängerbeschäftigung on Government of Luxembourg in the name of the Greater Region of Luxembourg (27 February 2008). "Die Grossregion: Arbeitsmarkt" (in German). http://www.granderegion.net/de/about/index.html. Retrieved 9 March 2008. 
  92. ^ Minister of the Interior of the Federal Republic of Germany (15 October 2008). "Schengen nach der Erweiterung – eine erste Bilanz; speech given by the German Federal Minister of the Interior" (in German). http://www.bmi.bund.de/Internet/Content/Nachrichten/Reden/2008/10/BM__Schengen__Europaunion.html. Retrieved 17 October 2008. 

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