Schengen Area

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Schengen Area

Schengen Area
Future members
Description Free travel area
Established 1995
Members 25 members[show]
Policy of European Union
Area 4,312,099 km2
Schengen Area 2010
The Schengen Area comprises the territories of twenty-five European countries
that have implemented the Schengen Agreement signed in the town
of Schengen, Luxembourg, in 1985. The Schengen Area operates very much like
a single state for international travel 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 Treatyin 1999, although the area officially includes three non-EU
member states, Iceland, Norway,Switzerland, and de facto includes three
European micro-states, Monaco, San Marino, andVatican City. All but two EU
members states–Ireland and the United Kingdom–are required to implement
Schengen and, with the exceptions of Bulgaria, Cyprus, and Romania have
already 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 a 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.

Whether a passport or an EU approved national identity card is required for

identity checks done at airports, hotels, or by police, depends on national rules
and varies between countries. Occasionally, regular border controls are used
between Schengen countries.

Contents
[hide]

• 1 History
• 2 Membership
o 2.1 Current
o 2.2 Prospective
• 3 Territories of Schengen states outside the Schengen Area
o 3.1 French territories
o 3.2 Dutch territories
o 3.3 Norwegian territories
o 3.4 Danish territories
• 4 EU member states with opt-outs
• 5 Status of the European microstates
o 5.1 Andorra
o 5.2 Liechtenstein
o 5.3 Monaco
o 5.4 San Marino
o 5.5 Vatican City
• 6 Regulation of internal borders
o 6.1 Temporary reintroduction of internal border controls
o 6.2 Air security
o 6.3 ID checks at hotels and other places
o 6.4 Customs control
• 7 Regulation of external border controls
o 7.1 Entry conditions for third-country nationals
 o 7.2 Right of stay
o 7.3 Schengen visa
o 7.4 Internal movement of holders of a residence title
o 7.5 Internal movement and residence cards
o 7.6 Local border traffic at external borders
o 7.7 Special arrangement on entry for Croatia
o 7.8 The Western Balkan states
• 8 Rules concerning police co-operation
o 8.1 Administrative assistance
o 8.2 Cross-border observation
o 8.3 Hot pursuit
o 8.4 Responsibility and rights
o 8.5 Liaison officers
o 8.6 Further bilateral measures
• 9 Judicial cooperation
o 9.1 Direct legal assistance
o 9.2 Narcotic Drugs, Chapter 6
o 9.3 Firearms and ammunition, Chapter 7
• 10 Mutuality of visa requirements
• 11 Statistics
• 12 Legal basis of the Schengen rules
o 12.1 Provisions in the treaties of the European Union
o 12.2 Two Schengen agreements
o 12.3 European Union Regulations
• 13 See also
• 14 References

• 15 External links
[edit]History

Main article: Schengen Agreement

The Schengen Area came in existence on 26 March 1995 when the Schengen
Agreement along with its implementing convention was implemented in the five
original signatories: Belgium, France, Germany, Luxembourg, the Netherlands,
along with Portugal and Spain. Italyand Austria joined during 1997. With
the Treaty of Amsterdam, the agreement became part of the acquis
communautaire of the EU in 1999. After the accession of Greece in 2000, the
countries comprising the Nordic Passport Union — Denmark, Finland, Sweden,
as well as non-EUcountries Iceland and Norway — followed in 2001.

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.
[1]
Switzerland became the Schengen Area's newest member (and third non-EU
member) when it joined on 12 December 2008.

[edit]Membership
The Schengen Area
currently consists of
twenty-five states, all
but three of which are
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 which are
associated with the
Schengen activities of
the EU. The third,
Switzerland was
subsequently allowed
to participate in the
same manner in
2008. De facto, the
Schengen Area also
includes several
microstates which
maintain an open or
semi-open border
with Schengen
countries.

Before fully
implementing the
Schengen rules, each
state needs to have
its preparedness
assessed in four
areas: air Austria
Belgium
Czech Rep.
Denmark
Estonia
Finland
France
 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.

[edit]Current

Area Population[2] Signed or Date of first

Flag State Exempted territories
(km²) opted in implementation

Austria 83,871 8,372,930 28 April 1995 1 December 1997

Belgium 30,528 10,827,519 14 June 1985 26 March 1995
Czech
78,866 10,512,397 1 May 2004 21 December 2007b
Republic
19 December Greenlandd
Denmark 43,094 5,547,088 25 March 2001
1996 Faroe Islandsd
Estonia 45,226 1,340,274 1 May 2004 21 December 2007b
19 December
Finland 338,145 5,350,475 25 March 2001
1996
all overseas departments and
France 674,843 64,709,480 14 June 1985 26 March 1995
territories
Germany 357,050 81,757,595 14 June 1985 26 March 1995c
6 November
Greece 131,990 11,125,179 26 March 2000
1992
Hungary 93,030 10,013,628 1 May 2004 21 December 2007b
19 December
Icelanda 103,000 318,755 25 March 2001
1996
27 November
Italy 301,318 60,397,353 26 October 1997
1990
Latvia 64,589 2,248,961 1 May 2004 21 December 2007b
Lithuania 65,303 3,329,227 1 May 2004 21 December 2007b
Luxembourg 2,586 502,207 14 June 1985 26 March 1995
Malta 316 416,333 1 May 2004 21 December 2007b
Aruba
Curaçao
Netherlands 41,526 16,576,800 14 June 1985 26 March 1995
Sint Maarten
Caribbean Netherlands
19 December
Norwaya 385,155 4,854,824 25 March 2001 Svalbarde
1996
Poland 312,683 38,163,895 1 May 2004 21 December 2007b
Portugal 92,391 10,636,888 25 June 1992 26 March 1995
Slovakia 49,037 5,424,057 1 May 2004 21 December 2007b
Slovenia 20,273 2,054,119 1 May 2004 21 December 2007b
Spain 506,030 46,087,170 25 June 1992 26 March 1995 towns of Ceuta and Melillaf
19 December
Sweden 449,964 9,347,899 25 March 2001
1996
26 October
Switzerlanda 41,285 7,760,477 12 December 2008
2004

a. ^ States outside the EU that are associated with the Schengen activities of the
EU,[3] and where the Schengen rules apply.
b. ^ For overland borders and seaports; since 30 March 2008 also for airports.[4]
c. ^ East Germany became part of the Federal Republic of 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 do
not need a visa, but not for travellers who do need a visa. A Schengen visa
issued by a Schengen 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.[5]
e. ^ However, Jan Mayen is part of the Schengen Area[citation needed].
f. ^ The full Schengen acquis applies to all Spanish territories, but there are
border checks on departure from Ceuta and Melilla to Spain or other Schengen
countries, because of specific arrangements for visa exemptions
for Moroccan nationals resident in the provinces of Tetuan and Nador.[6]

[edit]Prospective
While Cyprus, which also joined the EU in 2004, is a signatory to the Schengen
Agreement, implementation has been delayed until at least 2010[7] 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.[7] The Sovereign Base Areas, which
are outside the EU, will also need "other handling and mechanisms".[7]
Romania and Bulgaria, which joined the EU in 2007, were initially scheduled to
join in March 2011, but in December 2010 French officialLaurent Wauquiez said
that admission of the two Balkan states should be delayed.[8]

Liechtenstein, which previously only had an open border with Switzerland before
it joined Schengen, is also expected to join the area.

Flag State Area (km²) Population Signed or opted in Prospective implementa

Bulgaria 110,912 7,576,751 1 January 2007 October 2011[9]

Cyprus 9,251 801,851 1 May 2004 Partly dependent upon Cy
Liechtensteina 160 35,981 28 February 2008
Romania 238,391 21,466,174 1 January 2007 October 2011[9]

a. ^ Whilst staying outside the EU Liechtenstein will be a state associated with

the Schengen activities of the EU,[3] and one where the Schengen rules apply.

[edit]Territories of Schengen states outside the Schengen Area

There are territories of member states that are exempted from the Schengen
Agreement and most of these are outside Europe (or remote islands in Europe).

[edit]French territories
The French overseas departments of French
Guiana, Guadeloupe, Martinique and Réunion and the overseas collectivities
of Saint Barthélemyand Saint Martin are part of the European Union but do not
form part of the Schengen Area. The EU's freedom of movement provisions
apply, but each territory operate different visa regimes. While a visa valid for one
of these territories will be valid for all, visa exemption lists differ.[10]A Schengen
visa, even one issued by France, is not valid for these territories. A visa for Sint
Maarten (which is valid for traveling to the Dutchside of the island of Saint
Martin), is also valid for the French side.[11]

France also has several territories which are neither part of the EU nor the
Schengen Area. These are: French Polynesia, French Southern and Antarctic
Lands, Mayotte, New Caledonia, Saint-Pierre and Miquelon, and Wallis and
Futuna.

[edit]Dutch territories
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, Sint Eustatius and Saba (collectively known as the BES islands) —
are special municipalities within the Netherlands proper. The other three
— Aruba, Curaçao and Sint Maarten — are autonomous countries within
the Kingdom of the Netherlands. All islands retain their status as Overseas
countries and territories and are thus not part of the European Union.

The six territories have a separate visa system from the European part of
the Netherlands and people travelling between these islands and the Schengen
Area are subjected to systematic identity checks.

[edit]Norwegian territories
Svalbard is part of Norway and has a special status under international law. It is
not part of the Schengen Area. There is no visa regime in existence for Svalbard
either for entry, residence or work,[12] although it is difficult to visit Svalbard
without travelling through the Schengen Area.[12]

[edit]Danish territories
The Faroe Islands and Greenland are neither part of the European Union nor the
Schengen Area; although the Faroe Islands are part of theNordic Passport
Union. Visas to Denmark are not automatically valid in the Faroe Islands and
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.[13]

[edit]EU member states with opt-outs

Ireland and the United Kingdom were the only EU members which, prior to the
2004 enlargement, had not signed the Schengen Agreement. Both countries
maintain a Common Travel Area with an open land border between them.

The UK declined to join Schengen Convention elements related to passport

control, one argument being that, for an island, frontier controls are a better and
less intrusive way to prevent illegal immigration than other measures, such as
identity cards, residence permits, and registration with the police, which are
appropriate for countries with "extensive and permeable land borders". [14] Ireland
does not share Britain's view that free movement without border checks should
apply only to EU citizens, but has not signed the Schengen Implementation
Convention because it "would not be in the interest of Ireland to have a situation
where the common travel area with Britain would be ended and Ireland would
impose both exit and entry controls on persons travelling between here and
Britain and, in addition, on the land frontier".[15]

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
incorporate the Schengen rules (or acquis) into EU Law.[16] Under the relevant
protocol, Ireland and the United Kingdom may request to participate in aspects of
the Schengen acquis but this is subject to the approval of the Schengen states.[17]

The UK formally requested to participate in certain 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
29 May 2000.[18] 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.[19]

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.[20] The decision has not yet been put into effect. In February 2010 the Irish
Minister for Justice, in response to a parliamentary question, said that: "[t]he
measures which will enable Ireland to meet its Schengen requirements are
currently being progressed".[21]

A previous 1999 report by the European Union Select Committee of the House of
Lords recommended "full United Kingdom participation" in all the various four
Titles of the Schengen Implementing Convention.[22]
Implementati
Reque
Fla Area on
State st Notes
g (km²) of formal
date
cooperation

28
unimplemente
Ireland 70,273 Februar [21]
d
y 2002

United 244,82 20 May 22 December The Crown

Kingdom 0 1999 2004 Dependencies (Guernsey, J
includingGibra ersey, and the Isle of Man)
 and the overseas territories
are neither part of the UK,
EU nor of the
Schengen acquis that the
ltar
UK has implemented.
However, the Sovereign
Base Areas are set to be de
facto fully included later.

These microstates are not members of the Schengen agreement, cannot issue
Schengen visas and (with the exception of Monaco) are not part of the Schengen
Area. Some, however, have open borders with other Schengen members and
can be regarded as being de facto within the Schengen Area. They are not
regarded as posing any immigration threat since they can only be entered via the
Schengen Area – none of them has any airports, although all have heliports.[citation
needed]

Flag State Status Since

Andorra non-member

future member
Liechtenstein
implementation date is pending deposition of
instruments of ratification

Within Schengen Area

26 March
Monaco Schengen requirements administered
1995
by France
26 October
San Marino de facto member
1997
 26 October
Vatican City de facto member
1997
[edit]Andorra
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.[23]

[edit]Liechtenstein
Liechtenstein signed a Schengen association agreement[24] with the European
Union on 28 February 2008, and originally planned to join the Schengen Area on
1 November 2009. However, since in the view of Sweden (and Germany),
Liechtenstein had not done enough to fight tax evasion of EU citizens, ratification
has not yet taken place and the accession has been put on hold. [25][26] In 2010
Liechtenstein has begun revealing information about assets of EU citizens.[27][not in
citation given (See discussion.)]
This should speed up the Schengen process.[citation needed]

Until it joins, Liechtenstein's borders with Austria and Switzerland should, in

theory, be treated as external borders and subjected to full border controls.
However, in what the Liechtenstein Government describes as a "pragmatic
interim solution", roads between the principality and Switzerland are subject to
video surveillance instead of border controls, so as to prevent the re-
establishment of controls along a border which has been open since 1923.
[28]
Liechtenstein has also arranged for Schengen visas to be issued free of
charge to resident foreigners who would otherwise have needed to pay for a visa
to leave the principality.

In contrast, Liechtenstein's border crossing with Austria at Schaanwald-Tisis is, in

effect, treated like an external Swiss border checkpoint.[29]

Although Liechtenstein does not have any airports, there is a small heliport
at Balzers. The Liechtenstein government has prohibited any direct flights to or
from anywhere outside the Schengen Area,[28] in order to ensure that
Liechtenstein has no external Schengen borders and could not constitute an
immigration risk for the Schengen Area.

[edit]Monaco
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.

[edit]San Marino
San Marino has an open border with Italy, although some random checks are
made by Carabinieri, Guardia di Finanza and San Marino'sGuardia di Rocca.

[edit]Vatican City
The Vatican City has an open border with Italy.[30] 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.[31]

[edit]Regulation of internal borders

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 larger, blue sign announces entry to
the Federal Republic of Germany in German, the smaller, white sign entry into
the Germanstate of Bavaria.
Wikimedia
Commons has
media related
to: Internal
Schengen borders

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.[32] Thus, road, rail and air passengers no longer have
their identity checked by border guards when crossing borders, although security
controls by carriers are still permissible.[33] Schengen countries also maintain a
common list of visa exempt nationalities and a visa issued by a Schengen state
is valid throughout the Schengen Area.

[edit]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. Malta had re-introduced border checks in April 2010 due to Pope
Benedict XVI's visit.[34]

[edit]Air security
When travelling by air between Schengen countries or within a single Schengen
country, some airlines request identification (usuallypassport or national ID card)
at the airport check-in counters and/or when boarding.[35] However, this practice
is not a form of an official border control, but is used to establish the identity of
the passengers. Also, passengers needing a Schengen visa may need to present
a valid one.

[edit]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.[36] 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. It
is possible to say that identity checks of foreign visitors was moved from the
borders to the hotels, although such checks have been existing for many years in
several of the concerned countries.

[edit]Customs control
The European Union constitutes a customs union and a Value Added Tax area.
The effect of these provisions is to prohibit systematic tax, customs controls or
any administrative processing of goods at borders between EU member states.
In consequence the borders between EU, Schengen states have become largely
invisible.

However not all Schengen states or all of the territory of Schengen states are
part of the customs union or VAT area, so some controls on goods entering or
leaving the customs union and/or VAT area are inevitable. In order to avoid
customs controls becoming the new passport controls on internal Schengen
borders, the Schengen Borders Code prohibits systematic customs and tax
controls.[37]

In addition to charging customs fees, the customs authorities in many countries

are also responsible for preventing any illegal items (such as narcotics) from
entering the country. Although the European Union customs union means no
customs fees for goods moved within the union, illegal items may still be
transported, requiring confiscation by the customs officials. For example, the
Swedish customs often confiscates narcotics transported over the Oeresund
Bridge from Denmark.

[edit]Regulation of external border controls

Passport control at an external Schengen border in Finland

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 the Schengen
Borders Code.[38] 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.
[39]

The external border controls are located at roads crossing a border, at airports,
at seaports, and onboard trains.[40] 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.[41] Along the southern coast of the Schengen
countries, coast guards make 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.[42] This is to prevent persons from applying
for asylum at the passport control after landing within the Schengen Area.

Exit stamp for air Exit stamp for rail Exit stamp for road Exit stamp for sea
travelissued at travel, issued travel, issued travel, issued
Prague airport. at Bad at Korczowa border at Helsinki port.
Schandautrain crossing.
station.

[edit]Entry conditions for third-country nationals

A Schengen visa or a visa exemption does not, in and of itself, entitle a traveller
to enter the Schengen Area. The Schengen Borders Code lists requirements
which third-country nationals must meet to be allowed into the Schengen Area.
For this purpose a third-country is a country which is neither an EU member state
nor a Schengen state.

The requirements for entry are as follows:[43]

 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;
[44]

 The traveller either possesses a valid visa (if required) or a valid residence
permit;
 The traveller can justify the purpose and conditions of the intended stay
and has sufficient means of subsistence, both for the duration of the intended
stay and for the return to his or her country of origin or transit to a third
country into which the traveller is certain to be admitted, or is in a position to
acquire such means lawfully;
 The Schengen Information System does not contain an alert for refusal of
entry concerning the traveller, and
 The traveller is not considered to be a threat to public policy, internal
security, public health or the international relations of any of the Schengen
states.

[edit]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.[45] 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.[46]

[edit]Schengen visa
See also: Visa policy in the European Union and Visa Information System
EU (Schengen) visa lists
Schengen member states
Schengen associated states (special visa-free agreements)
Visa-free access to the Schengen states for 90 days in any half year period (EC
539/2001 Annex II)
Visa required to enter the Schengen states (EC 539/2001 Annex I)
Visa required for transit via the Schengen states (EC 810/2009 Annex IV)
Visa status unknown

The rules applicable to short-term entry visas into the Schengen Area are set out
in EU regulations.[47] These regulations contain two lists: a list of the nationalities
which require a visa for a short-term stay (the Annex I list) and a list of visa-free
nationalities (the Annex II list). On occasion the lists will group individuals
according to the kind of travel document they possess rather than nationality.

Third-country nationals who intend to take up employment or self-employed

activity may be required by member states to obtain a work visa even if they are
listed on the Schengen visa-free list; business trips are not normally considered
employment in this sense.[48] 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—or Schengen 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.

Visas are currently granted in the following categories:[49]

 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 C refers to a short-term stay visa. They are issued for reasons
other than to immigrate. They entitle holders to carry out a continuous visit or
several visits whose duration does not exceed three months in any half-year
from the date of first entry.
 Category D refers to national visa. They are issued by a Schengen state
in accordance with its national legislation as with respect to the conditions
(however, a uniform sticker is used). The visa also entitles the bearer to stay
in other Schengen countries for 3 months in 6 months.[50] Before, April 5,
2010, travel to other Schengen countries was only allowed after the holder
had obtained a residence title after arrival in the destination country, or they
had been issued the (now defunct) C+D 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.

On 5 April 2010 a new Visa Code came into effect. As part of the new Visa Code,
Schengen Type B and Type D+C visas will no longer be issued. However, those
still in circulation will still be honoured.[51]

Under specific circumstances, the territorial validity of a Schengen visa of the

categories B, C, or D visa 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.[52]

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.[53] 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.[54][55] 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.

[edit]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.[56] 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.[57]

[edit]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. [58][59][60] 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[61][62]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.

[edit]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.[63] 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.
Norway and Russia plan to establish a visa-free travel zone around the countries'
short land border in the Arctic.[64]

[edit]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 only an ID card (passport not obligatory).[65] 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
theHabsburg Empire (1527–1918) and Yugoslavia (1918–1991). As Croatia is
expected to join the EU by 2013, 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.

These arrangements will be discontinued if and when Croatia becomes an EU

member state, which will allow its citizens to enter any member country using
only an ID card.

[edit]The Western Balkan states

Citizens of Albania, Bosnia and Herzegovina, Macedonia, Montenegro,
and Serbia can enter the Schengen Area without a visa. On 30 November 2009,
the EU Council of Ministers for Interior and Justice abolished visa requirements
for citizens of the Republic of Macedonia,Montenegro, and Serbia,[66] while on 8
November 2010 it did the same for Albania and Bosnia and Herzegovina.[67] The
former took effect on 19 December 2009,[68] while the latter on 15 December
2010.[69]

Citizens of Kosovo holding Kosovan passports as well as people living in Kosovo

holding the biometric Serbian passport still need a visa to travel to the EU. Serbia
created the Serbian Coordination Directorate to facilitate this process. However,
a visa liberalization road-map for Kosovo is expected to be announced and
negotiated in the near future.[70][71][72]

Visa liberalization negotiations between the EU and the Western

Balkans (excluding Croatia and Kosovo) were launched in the first half of 2008,
and ended in 2009 (for Macedonia, Montenegro, and Serbia) and 2010
(for Albania and Bosnia and Herzegovina). Before visas were fully 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
were, at the time, supposed to shorten waiting periods, lower visa fees (including
free visas for certain categories of travelers), and reduce paperwork. In practice,
however, the new procedures turned out to be longer, more cumbersome, more
expensive, and many people complained that it was easier to obtain visas before
the facilitation agreements entered into force.[73][74][75]

[edit]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.

[edit]Administrative assistance
According to Article 39 of the Schengen 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.[vague]

[edit]Cross-border observation
Under Article 40 of the Schengen 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 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.

[edit]Hot pursuit
Under Article 41 of the Schengen 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.

[edit]Responsibility and rights

Under Article 42 of the Schengen 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 Convention, the state which employs a
police officer is liable for damages towards another state where such police office
performs illegal actions.
[edit]Liaison officers
Article 47 of the Schengen Convention provides for the permanent deployment of
liaison officers to other Schengen states.

[edit]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.[76] Furthermore, police laws of Schengen States signatories to
the Prüm Convention allow for the ad hoc conferment of police powers to police
officers of other EU states.[77]

[edit]Judicial cooperation

[edit]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 Convention), this including tax and other fiscal offences (Article 50 of
the Schengen Convention), except for certain small crimes, as defined in
Article 50 of the Schengen 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 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 Convention).

In Articles 54 to 58 of the Schengen 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 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.

[edit]Narcotic Drugs, Chapter 6

Chapter 6 of TITLE III (Article 70 - 76) is entitled Narcotic Drugs. [78] The
Schengen states are obliged to prosecute illegal trade in narcotics whilst at the
same time afford every protection to those prescribed medicines that contain
narcotic elements. They also must provide for the forfeiture of illegal profits that
derive from trade in illicit or controlled substances. The control of cross-border
legal trade in such substances has to be exercised in the territory, not at the
borders.[citation needed]

Persons are permitted to transport controlled substances for their personal

medical treatment in the territory of other members to Schengen Police and
Security Co-operation, if they carry official documentation of an from the
competent authority in their resident, domicile state. The documentation is
standard across the European Union and refers to a legalised original copy of the
document entitled: SCH/Com-ex (94) 28(revised)[79] document drawn-up by their
general practitioner and countersigned and passed under the State Seal by the
Health Inspectorate of their domicile state, as listed in Annex II to the
1994 Decision on the certificate provided for in Article 75 to carry narcotic drugs
and psychotropic substances.[80]

A prescription from a medical practitioner does not qualify for this legal
requirement.

[edit]Firearms and ammunition, Chapter 7

Chapter 7, articles 77-91 of TITLE III in the Schengen Implementing Convention,
the international co-operative regulations regarding firearms and ammunition are
set out in detail.[81] Regulations regarding which firearms may only be possessed
with a valid licence, and which firearms 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 firearms 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,[82] which introduced a European Firearms Pass which entitles the
holder to carry a firearm into the territory of other Member States.

[edit]Mutuality of visa requirements

Main article: Visa policy in the European Union#Reciprocity

A clickable Euler diagram showing the relationships between various
multinational European organisations.v • d • e
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 theCouncil.[83] 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, Costa Rica andNew 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.[84] 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."[85]

[edit]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,[86]

 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.[87] Cross-border commuting in that
region makes out 40% of the overall cross-border commuting in the EU15.[88]

As of October 2008, about 733,000 persons were registered in the Schengen

Information System for refusal of entry.[89]

[edit]Legal basis of the Schengen rules

[edit]Provisions in the treaties of the European Union

The legal basis for Schengen in the treaties of the European Union has been
inserted in the Treaty establishing the European Communitythrough Article 2,
point 15 of the Treaty of Amsterdam. This inserted a new title named "Visas,
asylum, immigration and other policies related to free movement of persons" into
the treaty, currently numbered as Title IV, and comprising articles 61 to 69.[90]
[91]
The Treaty of Lisbonsubstantially amends the provisions of the articles in the
title, renames the title to "Area of freedom, security and justice" and divides it into
five chapters, called "General provisions", "Policies on border checks, asylum
and immigration", "Judicial cooperation in civil matters", "Judicial cooperation in
criminal matters", and "Police cooperation".[92]

[edit]Two Schengen agreements

The two agreements which are commonly referred to as Schengen
Agreement are:

 The 1985 Agreement between the Governments of the States of the

Benelux Economic Union, the Federal Republic of Germany and the French
Republic on the gradual abolition of checks at their common borders,[93] also
known as Schengen I, which provided for simple visual surveillance of private
vehicles crossing the common border at reduced speed, without requiring
such vehicles to stop. Persons who did not have to meet specific
requirements at internal borders, as, for example, visa requirements, could
use this fast lane procedure by affixing to the windscreen a green disc
measuring at least eight centimetres in diameter.
 The 1990 Convention implementing the Schengen Agreement of 14 June
1985 between the Governments of the States of the Benelux Economic
Union, the Federal Republic of Germany and the French Republic on the
gradual abolition of checks at their common borders,[94] also known
as Schengen II or CIS.

These two agreements have been republished in the Official Journal of the
European Communities through the Council decision concerning the definition of
the Schengen acquis[95] and form the most important part of the secondary
legislation regarding Schengen of the EU.

[edit]European Union Regulations

Other legal texts related to the Schengen laws include:
 The Schengen Borders Code,[96] repealing the parts of the Convention
Implementing the Schengen Agreement, dealing in detail with border controls
and the prerequisites for entry by third-country nationals;
 The Council Regulation (EC) No 539/2001,[97] dealing with the visa
requirement for short stays in the Schengen area according to nationality;
 The Council Regulation (EC) No 693/2003,[98] which deals with the transit
from the main part of Russia to the Kaliningrad area;
 The Common Consular Instructions on Visas for the Diplomatic Missions
and Consular Posts,[99] which contains rules of procedure for the issuance of
visa;
 The Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a
uniform format for visas;[100]