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The Schengen area

The Schengen area

 

SUMMARY OF:

The Schengen acquis – Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders

The Schengen acquis – 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

WHAT IS THE AIM OF THE SCHENGEN AREA?

  • It aims to allow European Union (EU) residents to travel across the internal borders of EU Member States without being checked or having to show their passports.
  • Opening up internal borders is one side of the Schengen coin. The other is ensuring the safety of its citizens. This involves tightening and applying uniform criteria on controls on non-Schengen nationals entering the EU at the common external border, developing cooperation between border guards, national police and judicial authorities and using sophisticated information-exchange systems.
  • The Schengen acquis has been amended as new countries have joined the area and as new EU legislation has been incorporated into it.

KEY POINTS

Cooperation

Schengen cooperation evolved from an initial plan between a handful of governments into a fully fledged EU policy area in the following stages.

  • 1985. Belgium, West Germany, France, Luxembourg and the Netherlands (5 of the then 10 European Economic Community countries, now the EU Member States) sign an agreement, in the Luxembourg village of Schengen, on the gradual abolition of their internal border controls.
  • 1990. The same five countries sign the Schengen Convention supplementing the agreement and laying down the measures and safeguards to put the policy of no internal border controls into effect.
  • 1995. The implementation of the Schengen agenda begins with the participation of seven EU Member States.
  • 1997. The Treaty of Amsterdam brought the Schengen acquis within the EU’s legal framework.

Membership

  • Starting with five founding members, the Schengen area now includes all the Member States – except for Bulgaria, Ireland, Cyprus and Romania – together with four European Free Trade Association countries: Iceland, Liechtenstein, Norway and Switzerland.
  • Since 1 January 2023, checks on persons at internal land and sea borders between Croatia and the other countries in the Schengen area have been lifted and the Schengen acquis has fully applied to Croatia (Council Decision (EU) 2022/2451).

Internal border checks in practice

  • Anyone, whatever their nationality, can cross an internal border within the Schengen area without being checked.
  • National authorities can carry out police spot checks either at the border or in border areas when these are based on general information and experience and are not systematic passport controls.
  • Individuals are required to carry certain travel documents, depending on whether they are EU nationals, non-EU family members or non-EU citizens.
  • A Schengen country may exceptionally reintroduce border controls, initially for up to 30 days, if there is a serious threat to public policy or internal security. It must inform other Schengen countries, the European Parliament, the European Commission and the public.

External borders

The Schengen area has gradually tightened controls on its external borders, consolidating them into a single set of rules. These rules now cover:

The Schengen information system (SIS)

This large-scale computer database:

  • supports external border control and law enforcement cooperation between Schengen countries;
  • was created in 1995 and subsequently expanded, most recently in 2018 because of the new migration and security challenges;
  • contains information on:
    • suspected criminals,
    • individuals who may not have the right to enter or stay in the EU,
    • missing persons,
    • stolen, misappropriated or lost property;
  • is used by national authorities responsible for:
    • border controls,
    • police and customs checks,
    • public prosecutions in criminal proceedings and judicial inquiries prior to charge,
    • visas and residence permits;
  • may be accessed by the European Border and Coast Guard Agency, the European Union Agency for Criminal Justice Cooperation and the European Union Agency for Law Enforcement Cooperation.

Visa information system (VIS)

The visa information system allows Schengen countries to share visa data, especially on short-term visa applications. Like the Schengen information system, it is operated by the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA).

Membership conditions

Countries applying to join the Schengen area must meet certain conditions and must be able to:

  • control their external borders and issue uniform Schengen visas;
  • cooperate with other national law enforcement agencies to ensure a high level of security;
  • apply the common set of Schengen rules (known as the Schengen acquis), relating to such things as carrying out land, sea and air border controls, issuing visas, supporting police cooperation and protecting personal data;
  • use the Schengen information system.

DATE OF ENTRY INTO FORCE

The Schengen Agreement, originally involving seven Member States, entered into force on 26 March 1995, abolishing internal border controls.

BACKGROUND

For further information, see:

MAIN DOCUMENTS

The Schengen acquis – Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ L 239, 22.9.2000, pp. 13–18).

The Schengen acquis – Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ L 239, 22.9.2000, pp. 19–62).

RELATED DOCUMENTS

Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, pp. 1–131).

Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, pp. 27–84).

Successive amendments to Regulation (EU) 2019/817 have been incorporated into the original text. This consolidated version is of documentary value only.

Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on the use of the Schengen Information System for the return of illegally staying third-country nationals (OJ L 312, 7.12.2018, pp. 1–13).

See consolidated version.

Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 (OJ L 312, 7.12.2018, pp. 14–55).

See consolidated version.

Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, pp. 56–106).

See consolidated version.

Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 303, 28.11.2018, pp. 39–58).

See consolidated version.

Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, pp. 99–137).

See consolidated version.

Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, pp. 1–52).

See consolidated version.

Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (OJ L 295, 6.11.2013, pp. 27–37).

Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, pp. 1–58).

See consolidated version.

Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, pp. 60–81).

See consolidated version.

last update 16.01.2023

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