Border checks

Article 77 of the Treaty on the Functioning of the European Union requires the European Union (EU) to develop a policy on border checks of persons and the efficient monitoring of the external borders, the absence of controls on persons at the internal borders and the gradual introduction of an integrated border-management system for the external borders.

Twenty-five EU Member States are members of the Schengen area without internal borders. This area also includes Iceland, Liechtenstein, Norway and Switzerland. There are no internal border controls between these countries.

Together, these countries aim to improve security by applying effective controls at their external borders, while still allowing people with the right to enter the EU to cross smoothly.

Cyprus is a Schengen state, which means that the country participates in Schengen closer cooperation. However, border controls with Cyprus have not yet been abolished, as its full integration into the Schengen area is currently in progress.

Ireland is exempt from applying Schengen rules. Under the Schengen Protocol, it has opted out and maintains its own border and visa policies. However, Ireland has chosen to participate in certain Schengen areas, such as the Schengen information system (SIS) and judicial and police cooperation. European integrated border management is based on Regulation (EU) 2019/1896 on the European Border and Coast Guard. Member States have adopted national strategies to apply this concept in practice. A key goal is to support Member States in carrying out effective border controls at the EU’s external borders.

The rules on crossing EU borders – both internal and external – are set out in the Schengen Borders Code (Regulation (EU) 2016/399), which also defines the main terms relating to this subject, including border control, border checks and border surveillance.

When crossing external borders, non-EU citizens are subject to thorough checks in accordance with the conditions of entry into the country, including the systematic consultation of relevant databases, such as the SIS, and a check of the visa information system if the person is subject to a visa obligation. EU citizens are also checked in the SIS for security reasons. An automated centralised electronic entry/exit system (EES) for non-EU citizens crossing the EU’s external borders for a short stay was introduced under Regulation (EU) 2017/2226 on smart borders. When it becomes operational, the EES will record and store the person’s name, type of travel document, biometric data (fingerprints and captured facial images) and the dates and places of entry and exit, in full respect of fundamental rights and data protection. It will also record refusals of entry and generate alerts to Schengen states when the authorised stay has expired.

The EU has created an automated IT system called the European travel information and authorisation system (ETIAS), which is designed to identify security, irregular migration or high epidemic risks posed by visa-exempt visitors travelling to the Schengen states for short-term stays prior to their trip. ETIAS will also facilitate border crossings for the vast majority of travellers who do not pose such risks. When ETIAS comes into force, citizens of over 60 countries will be eligible to apply for a travel authorisation.

Operational cooperation between Member States to ensure the integrated management of the EU’s borders takes place within the European Border and Coast Guard, comprising the European Border and Coast Guard Agency (Frontex) and national border authorities.

A Schengen visa is an entry permit for non-EU citizens to enter and stay in the Schengen area for short visits of up to 90 days in any 180-day period.

The EU’s borders policy is part of the Schengen rulebook and applies to 26 Member States and four Schengen-associated countries (Iceland, Liechtenstein, Norway and Switzerland) in accordance with Protocol 19. Ireland, as previously mentioned, has an opt-out under the Schengen Protocol and keeps its own visa and border policies.